hdj2014-03-08-60
__________*__________
Saturday, March 8, 2014
SIXTIETH DAY
[Mr. Speaker, Mr. Miley, in the Chair]
The House of Delegates met at 10:00 a.m., and was called to order by the Honorable Timothy
R. Miley, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, March 7, 2014, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate White, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests for presentations by the House.
At the request of Delegate White, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegates Manchin, Iaquinta, Fragale, Mr. Speaker, Mr. Miley, Hamrick, Caputo and
Longstreth offered the following resolution, which was read by the Clerk as follows:
H. C. R. 140 - "Requesting that the Division of Highways name bridge number 17-24/1-5.79
(17A321), which crosses Simpson Creek, at 0.01 miles west of County Route 24, between the Meadowbrook Mall and the Pete Dye Golf Course, at Bridgeport, Harrison County, West Virginia,
the 'James D. LaRosa Memorial Bridge'."
Whereas, James D. LaRosa was born December 22, 1926, to James and Emilia (Cava)
LaRosa. Jim, one of three children, was preceded in death by his sister, Mary Catherine Rhoda and
his brother, Virgil Benito LaRosa; and
Whereas, James D. LaRosa married Catherine Louise Endres from Shinnston, West Virginia,
who preceded him in death. He is survived by one son, James Joseph LaRosa and his wife, Leigh
Ann of Bridgeport, West Virginia and three grandchildren, Lauren Louise of Bridgeport, West
Virginia, Natalie Nicole of Pittsburgh, Pennsylvania and James Lee, of Bridgeport, West Virginia.
Jim was also preceded in death by his second wife, Lois May LaRosa; and
Whereas, James D. LaRosa graduated from Washington Irving High School in Clarksburg,
West Virginia, in 1944. Jim graduated from West Virginia University in 1948 with a Degree in
Business Administration. In 1949 he went to work with his father, who had started a small surface
mining company, LaRosa Fuel Company, and spent his early entrepreneurial years in Upshur,
Randolph, Barbour and Harrison Counties. Jim assumed the position of President of LaRosa Fuel
Company at the age of thirty-five; and
Whereas, During his years in the coal mining business he became committed to values taught
to him by his mother and father and became vested in enhancing and improving quality of life for his
family and his hometown. In the 1970s, vision and perseverance led him to be involved in various
entrepreneurial and philanthropic endeavors; and
Whereas, After successfully developing multiple coal properties throughout the area, he
began a relationship with the West Virginia University Hospital by establishing the James and Emilia
Surgical and Research Endowment Fund. He also built and donated the first Medivac Heliport
Facility at the Medical Center; and
Whereas, While maintaining his focus on his hometown, he opened a new office complex
in Nutter Fort, West Virginia, which now houses the Harrison County 911 Center. At the same time he began development of the entire U. S. Rt. 50 - I-79 interchange known as Bridgeport Hill. Moving
over 4.5 million yards of material enabled him to develop the Eastpointe Shopping Center complex,
enabling an entire city to maintain its job and tax base that was so crucially critical to its vitality. At
the same time the North East Quadrant of the interchange was developed, which currently supports
multiple businesses including a hotel, office complex, multiple restaurant operations and other retail
businesses. Located in the North West Quadrant of the interchange, Jim created acreage that now
houses the Harrison County Business Park and the Summit Park Recreational Complex, which he
donated after construction was complete; and
Whereas, During this period, James D. Larosa also served on board of directors of various
organizations such as the Clarksburg Chamber of Commerce, Lowndes Bank and The West Virginia
Coal and Advisory Commission, and he served on the original board of the West Virginia Surface
Mining and Reclamation Association, as well as the Directors 100 Club for WVU Athletics; and
Whereas, Jim has received numerous honors in his career, such as having been named a
"Distinguished West Virginian" by two Governors, and having received the degree of Honorary
Doctorate of Humane Letters from Salem College in 1984. In 1985, Senator Robert C. Byrd
recommended him to President Reagan, to be a member of the Christopher Columbus 500
th Jubilee
Commission (consisting of thirty-five Americans of Italian descent and the U.S. Secretary of the
Interior) in celebration of the 500
th year of the discovery of America; and
Whereas, During this period of Jims career, he became focused on his passions, which was
his heritage, food, the arts and animals. He chaired the original Board of Directors of the West
Virginia Italian Heritage Festival and served on the board through its infancy and early developmental
years. His interest in food resulted in owning over 500 cookbooks, as well as opening Nona Marias
Restaurant at Eastpointe. Always striving to improve the quality of food in the area, those who knew
him knew he always offered culinary advice to anyone that would listen. He pursued his interest in
the arts by purchasing the Robinson Grand Theatre in downtown Clarksburg. After extensive
research into the theatre, he began and completed renovations to the facility, which resulted in the reopening of the theatre under a new name, The Rose Garden Theatre. He was determined that the
arts should be developed and maintained in his hometown, and was confident that the theatre could
serve as the cornerstone of the redevelopment of downtown Clarksburg. His vision thirty years ago
remains viable. His only request was that the theatre be renamed "The James LaRosa Theatre for the
Performing Arts", in honor of his Father; and
Whereas, His passion for animals was legendary. From his support of The Harrison County
Humane Society to his unbridled compassion for stray animals, James D. LaRosa never encountered
an animal in need that he didnt adopt. Whether it was taking his dogs and cats for a ride in his station
wagon, or stopping his entire workforce to look for a lost animal, his dedication to his pets was
unparalleled; and
Whereas, In the 1980s, his vision for the area continued to grow when he began development
of what is now known as the Pete Dye Golf Club. His confidence in the property, Pete Dye, and in
the community has led to the exposure of his hometown to tens of thousands of people from
throughout the world. The course has been and continues to be recognized as one of the Top 50 Golf
Courses in the country and one of the Top 100 Courses in the World. West Virginia, the coal industry
and his hometown were exposed to the world when the Club hosted a PGA Nationwide Tour Event,
which was televised throughout the world. The event became the most viewed television event in the
history of the Nationwide Tour Series and positively exposed his state to the millions of viewers who
watched; and
Whereas, Jim was a giver by nature, and as he provided assistance for others, he never
expected much in return. He was truly committed to providing opportunities for people to enhance
their quality of life and to being the steward for enriching the community that provided him and his
family with the many opportunities that it did. He will always be remembered as a true West
Virginian who used all of his resources and energy to improve his state and community; and
Whereas, It is fitting that an enduring memorial be established in the name of James D.
LaRosa in an area where he focused much of his attention on developing an award-winning facility for his community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 17-24/1-5.79
(17A321), which crosses Simpson Creek, at 0.01 miles west of County Route 24, from the
Meadowbrook Mall to the Pete Dye Golf Course, at Bridgeport, Harrison County, West Virginia, the
"James D. LaRosa Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the "James D. LaRosa Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways.
At the respective requests of Delegate White, and by unanimous consent, reference of the
resolution (H. C. R. 40) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, Delegate Swartzmiller demanded
the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 349), and there were--yeas
91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent and Not Voting: Andes, Caputo, Fragale, Hamrick, Iaquinta, Longstreth, J. Nelson,
Paxton and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. C. R. 140) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegates Miller, Sobonya, Williams, Fleischauer, Shott, Manypenny, Ambler, Sumner,
Storch, Ferns and Manchin offered the following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 141 - "Requesting the Joint Committee on Government and Finance to undertake
a study of genetically modified foods, laws in other states concerning regulating genetically modified
organisms, the appropriate labeling of genetically modified foods to enable consumers to make
informed choices in the marketplace, and the threat to native plants and organic food growers posed
by the spread of genetically modified plants."
Whereas, There is increasing scientific evidence that indicates possible harmful effects
suffered by humans and other animals that consume genetically modified foods; and
Whereas, There is growing interest among consumers in obtaining organically grown,
pesticide-free foods that have not been genetically modified; and
Whereas, It is conservatively estimated that more than half the food on supermarket shelves
contain ingredients derived from genetically modified corn, soy, canola or cottonseed, but not so
labeled; and
Whereas, The full impact on public health of widespread use of systemic pesticides, which
are chemicals absorbed by a plant when applied to seeds, leaves or soil, and which cannot be washed
off the fruit or vegetable into which they are absorbed, is not currently known; and
Whereas, Without required stringent labeling protocols, it is virtually impossible for a
consumer to be able to tell which foods available in the market are genetically modified or contain
systemic pesticides; and
Whereas, Many other states have studied and passed or attempted to pass labeling laws to
identify foods that are not genetically modified; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to study genetically
modified foods, the status of laws in other states related to identifying foods genetically modified or
containing systemic pesticides, and the appropriate labeling of foods to enable consumers to make
informed choices at the marketplace; and, be it
Further Resolved, That the Joint Committee include in its study, scientific data concerning
the threat to native plants and organic food growers posed by the spread of genetically modified
plants; and, be it
Further Resolved, That the Joint Committee on Government and Finance shall report to the
regular session of the Legislature, 2015, 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.
Delegates D. Poling, Morgan, Guthrie, Caputo, Walker White and Marcum offered the
following resolution, which was read by the Clerk as follows:
H. C. R. 142 - "Requesting the Joint Committee on Government and Finance to authorize a
study of the state personal income tax."
Whereas, The personal income tax was created to be progressive, with tax rates increasing
as taxable income increases; and
Whereas, The personal income brackets and rates have endured for twenty-six years without
revision; and
Whereas, Inflation has changed the way that West Virginians share the burden of financing
state programs and services; and
Whereas, A taxable income of $1,000 in 1987 is equal to $2,059 in 2014 when accounting
for inflation, but dollar increments defining the tax brackets remain unchanged; and
Whereas, The income demographics have changed considerably within this same time
period; and
Whereas, It is primarily the responsibility of the Legislature and no other person or agency,
to keep its tax systems up-to-date; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the state
personal income tax; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2015, 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 and to prepare and draft
necessary legislation be paid from legislative appropriations to the Joint Committee on Government
and Finance.
At the respective requests of Delegate White, and by unanimous consent, reference of the
resolution (H. C. R. 142) to a committee was dispensed with, and it was taken up for immediate
consideration.
The question now being on the adoption of the resolution, Delegate Caputo demanded the yeas
and nays, which demand was sustained.
The question now being on the adoption of the resolution, Delegate Swartzmiller demanded
the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 350), 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: Longstreth, J. Nelson, Paxton, Raines and Skaff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. C. R. 142) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegates Fleischauer, Barill, Hamilton, Hunt, Jones, Marshall and Moore offered the
following resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 143 - "Requesting the Joint Committee on the Judiciary to study the feasibility and
potential effectiveness of juvenile justice reform as a mechanism to better direct expenditures in juvenile justice to prevent youth recidivism and not merely punish the youth in our state."
Whereas, The United States incarcerates more youth than any other country in the world; and
Whereas, Rising youth incarceration budgets and skyrocketing recidivism rates in West
Virginia are of significant concern; and
Whereas, The percent change in commitment rates for youth between 1997-2011 fell an
average of 49% in the United States; and
Whereas, While most states observed falling commitment rates, West Virginia experienced
a 93% increase in commitment rates, more than any other state in the country and one of only four
states to see an increase; and
Whereas, Most of the youth incarcerated in West Virginia have been convicted of low-level,
nonviolent offenses; and
Whereas, Many states have turned to community-based intervention programs as a cheaper
and more effective alternative to incarceration; and
Whereas, It is estimated that close to $75,000 per year, per youth can be saved when a youth
is enrolled in community-based alternatives versus incarceration; and
Whereas, Community-based intervention programs address underlying issues that lead to
young peoples involvement in the juvenile justice system and provide youth with the skills and
support they need to become law-abiding adults, making West Virginia communities safer, stronger
and healthier; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested to study the feasibility and
potential effectiveness of juvenile justice reform as a mechanism to better direct expenditures in
juvenile justice to prevent youth recidivism and not merely punish the youth in our state; and, be it
Further Resolved, That the Joint Committee on the Judiciary report to the regular session of
the Legislature, 2015, 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
draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Delegates Manypenny, Walker, Wells, Ambler, Cooper, Canterbury, Hamilton, A. Evans,
Frich, Pasdon, Barrett, Fleischauer, Moye, L. Phillips, Campbell, Fragale, Staggers, Hartman, Ellem,
Guthrie and P. Smith offered the following resolution, which was read by its title and referred to the
Committee on Rules:
H. R. 14 - "Requesting that the West Virginia National Guard locate and secure fill for
construction from some other source than Blair Mountain, the birthplace of the labor movement in
West Virginia, the United States and the world."
Whereas, The Battle of Blair Mountain was fought from August 25 to September 2, 1921,
on the Blair Mountain Battlefield; and
Whereas, For days, some ten thousand miners marched, struck, fought and made peace to
secure living wages and safe working conditions to support their families; and
Whereas, In so doing, these miners left this world a better place than it was when they
entered it; and
Whereas, The miners who fought and died at the Battle of Blair Mountain made it a sacred
ground; and
Whereas, Due to the declaration of martial law and suppression of the news, the participants
in the Battle of Blair Mountain left little record of the details of their struggle, except their bones,
bullets and buttons; and
Whereas, To hide any advantage the opposition might have won, the miners buried their dead
hurriedly in shallow graves; and
Whereas, For fear of prosecution, conviction and execution as traitors, the miners who
survived fled the state and changed their identities and maintained a code of silence; and
Whereas, On information and belief, the bones, bullets and buttons on Blair Mountain Battlefield are being disturbed, destroyed or buried, desecrating the graves of those buried there and
eliminating the historical evidence of the Battle of Blair Mountain; and
Whereas, On information and belief, fill from Blair Mountain is being removed for use as
construction material to build nearby landing facilities for the West Virginia National Guard base in
Charleston; and
Whereas, There are many other possible sources of fill than Blair Mountain in the vicinity;
therefore, be it
Resolved by the House of Delegates:
That the West Virginia National Guard is hereby requested to locate and secure fill for
construction from some other source than Blair Mountain, the birthplace of the labor movement in
West Virginia, the United States and the world; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Adjunct General of the West Virginia National Guard.
Delegates Morgan, Craig, Miller, Reynolds, Sobonya and Stephens offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. R. 15 - "Recognizing the importance of keeping strong vocational agricultural programs
in West Virginia schools."
Whereas, The West Virginia Commissioner of Agriculture has established a goal to increase
agricultural production statewide; and
Whereas, Because the average age of farmers and ranchers in America is fifty-eight years,
vocational agricultural programs in our schools are vital to the future of agriculture in West Virginia
and in the United States of America; and
Whereas, Vocational agricultural programs give students opportunities to utilize theory,
apply mathematics and science, and develop life skills and work experience; and
Whereas, West Virginians produce less than $1 billion of agricultural products in West
Virginia annually but consume over $7 billion of agricultural food products annually; and
Whereas, Agricultural activity creates economic development opportunities across this state,
from farms to farmers markets, and promotes healthy lifestyles through access to locally produced
agricultural products; and
Whereas, Counties with rich and fertile bottomland soil, such as Cabell, Mason and Putnam
Counties, hold tremendous opportunities for the expansion of agricultural production and innovation
in various types of agriculture; and
Whereas, Increasing opportunities through vocational agricultural programs in our schools
builds upon the success of our existing vocational agricultural programs, and should be applauded,
encouraged and expanded upon; therefore, be it
Resolved by the West Virginia House of Delegates:
That the House of Delegates recognizes the importance of keeping strong vocational
agricultural programs in West Virginia schools; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to the Governor, the Commissioner of Agriculture, the State Superintendent
of Schools, the Superintendent of Cabell County Schools and the Cabell County Farm Bureau.
Miscellaneous Business
Delegate Manchin addressed the House regarding
H. C. R. 140, and at the conclusion thereof,
and at the conclusion of his remarks, they were ordered printed in the Appendix to the Journal.
Committee Reports
Delegate Wells, 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 7
th day
of March, 2014, 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:
(S. B. 460), Permitting School of Osteopathic Medicine invest certain moneys in its
foundation
And,
(Com. Sub. for S. B. 499), Making Prudent Investor Act primary standard of care for
Investment Management Board.
On motion for leave, resolutions were introduced (Originating in the Committee on Education
and reported with the recommendation that they each be adopted), which was read by their titles, as
follows:
By Delegates M. Poling, Perry, Moye, Pasdon, Pethtel, Barill, Walker, Fragale, Cooper,
Tomblin, Ambler, Lawrence, Rowan, Young, Butler, D. Evans, Williams, Sumner,
Campbell, Hamrick and Espinosa:
H. C. R. 134 - "Requesting the Joint Committee on Government and Finance to conduct a
study on Regional Education Service Agencies."
Whereas, The Education Efficiency Audit of West Virginias Primary and Secondary
Education System addressed the importance of RESAs as an intermediate education agency for
service delivery in a number of areas and for increasing efficiency among the school districts and took
an in-depth look into the operations of RESA 7; and
Whereas, The West Virginia School Board Association conducted regional meetings and
issued a report of the findings and recommendations of those meetings on regional services and inter-
county cooperation on service delivery; and
Whereas, Issues have been raised about the role and responsibility of RESAs in a number
of areas including, but not limited to:
(1) The appropriate role of the RESAs in the employment of personnel to assist in service
delivery in its member school systems;
(2) The appropriate role of RESAs as an extension of the Department of Education for
delivering state-level services and as a service agency responsible to the member school systems for
the services requested by them;
(3) The method and adequacy of funding for RESAs to support basic operations, service delivery and shared services;
(4) The appropriate process for determining RESA responsibility for service delivery and the
service areas appropriate for RESA-level service delivery; and
(5) The status of RESA employees for the purposes of health insurance under the Affordable
Care Act; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study
on Regional Education Service Agencies that at a minimum includes the studies and issues raised
with respect to RESAs as identified in this resolution; and be it
Further Resolved, That the Joint Committee on Government and Finance is requested to report
to the regular session of the Legislature, 2015, 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
draft necessary legislation are requested to be paid from legislative appropriations to the Joint
Committee on Government and Finance.
By Delegates M. Poling, Perry, Moye, Pasdon, Pethtel, Barill, Walker, Fragale, Cooper,
Tomblin, Ambler, Lawrence, Rowan, Young, Butler, D. Evans, Williams, Sumner,
Campbell, Hamrick and Espinosa:
H. C. R. 135 - "Requesting the Joint Committee on Government and Finance to conduct a
study on requiring instruction in cardiopulmonary resuscitation, including a psycho-motor skills
component and the care for conscious choking, to be taught in the public schools of this state in each
of the grade levels nine through twelve for at least thirty minutes each year as a requirement for
graduation."
Whereas, This curriculum enhancement would modify and expand upon the current required
courses of instruction in health education as provided in §18-2-9 in any of the grades six through
twelve that must include education concerning CPR and First Aid; and
Whereas, Community members are encouraged to provide necessary training and
instructional resources such as cardiopulmonary resuscitation kits and other materials to the schools
at no cost; and
Whereas, When ordinary people are given the proper tools to administer CPR, it creates the
next generation of life savers in that bystander intervention doubles or triples a cardiac victims chance
of survival; and
Whereas, Due to the predominately rural, sparsely populated nature of the state, it may take
emergency responders up to thirty minutes or more to reach victims and the rate of survival of cardiac
arrest reduces by ten percent for every minute without CPR intervention making bystander
intervention even more important; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study
on requiring instruction in cardiopulmonary resuscitation, including a psycho-motor skills component
and the care for conscious choking, to be taught in the public schools of this state in each of the grade
levels nine through twelve for at least thirty minutes each year as a requirement for graduation; and
be it
Further Resolved, That the Joint Committee on Government and Finance is requested to report
to the regular session of the Legislature, 2015, 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
draft necessary legislation are requested to be paid from legislative appropriations to the Joint
Committee on Government and Finance.
By Delegates M. Poling, Perry, Moye, Pasdon, Pethtel, Barill, Walker, Fragale, Cooper,
Tomblin, Ambler, Lawrence, Rowan, Young, Butler, D. Evans, Williams, Sumner,
Campbell, Hamrick and Espinosa:
H. C. R. 136 - "Requesting the Joint Committee on Government and Finance study the feasibility of implementing an electronic job applicant database as a part of the statewide job bank."
Whereas, Placing highly qualified teachers in available positions is critical to student
achievement; and
Whereas, There currently is a statewide job bank maintained on the West Virginia
Department of Education web page upon which county boards may post job openings and under
current statute is to include an application data base for teachers who have been released due to
reductions in force; and
Whereas, Particularly for positions in areas of critical need and priority recruitment, the
statewide job bank can be a critical job market tool for county boards seeking employees and fully
qualified applicants seeking employment to exchange information; and
Whereas, Information on the statewide job bank also provides a single point of data for the
State Board to monitor the vacancies and positions filled by less than fully qualified teachers,
paraprofessionals or long term substitutes who are retired, in relation to applicants, and consider
options for improving the recruitment and the supply of fully qualified teachers and paraprofessionals;
and
Whereas, Further improving the statewide job bank to include a database in which fully
qualified teachers and paraprofessionals who are seeking employment can input their resumes,
qualifications and credentials would be a valuable resource for assisting county boards seeking to hire
the most well-suited and highly qualified candidate; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
feasibility of implementing an electronic job applicant database as a part of the statewide job bank;
and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Legislature, on the first day of the regular session, 2015, on its findings, conclusions and
recommendations together with drafts of any legislation 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.
By Delegates Young, M. Poling, Perry, Moye, Pasdon, Pethtel, Barill, Walker, Fragale,
Cooper, Tomblin, Ambler, Lawrence, Rowan, Butler, D. Evans, Williams, Sumner,
Campbell, Hamrick and Espinosa:
H. C. R. 137 - "Requesting the Joint Committee on Government and Finance study methods
for improving overall student health in West Virginia."
Whereas, Students learn best when they are in good physical health; and
Whereas, Physically active children are more likely to thrive academically and socially; and
Whereas, Schools have a duty to teach students about proper nutrition and the value of
physical activity to providing a high quality of life; and
Whereas, Lessons on proper nutrition necessarily must include an understanding of
moderation when selecting low-nutrition or non-nutritious foods; and
Whereas, Periodic opportunities for students to enjoy non-instructional or recreational
activities are valuable means for increasing their interest and engagement in school, as well as
increasing their desire to succeed in school; and
Whereas, Providing a time of relief from schoolwork when students can relax or exert
physical energy serves to reinvigorate students minds for continued focus on academics; and
Whereas, Students spend a significant period of time daily in the school environment, and
most students consume at least one meal per day while at school; and
Whereas, Individuals who eat balanced, nutritious meals, and integrate physical fitness into
their lifestyle routine are more likely to enjoy significantly better overall health and improved quality
of life; and
Whereas, There are many ways individuals can incorporate physical activities into otherwise sedentary activities; and
Whereas, The Legislature desires to study the feasibility of incorporating physical movement
and activities into the delivery of curriculum and instruction; and
Whereas, West Virginia Board of Education policies have established nutrition standards
for meals served in public schools; and
Whereas, The Legislature desires to evaluate the results of those policies and their impact
on obesity rates and overall student health; and
Whereas, According to studies reported in Pediatric Exercise Science and the West Virginia
Medical Journal, students in the elementary grades through high school receive less than required
levels of moderate to vigorous physical activity in physical education courses, and children in the state
generally are not receiving the necessary intensity of activity; and
Whereas, Schools face challenges in providing needed physical education and physical
activity to students, including lack of staff and equipment, increased pressure to raise test scores, and
greater demands to meet content standards and objectives; and
Whereas, Schools must provide physical education and physical activity regardless of the
challenges in order to assure student health and well-being and halt the childhood obesity epidemic;
and
Whereas, The Legislature desires to evaluate the impact of the 2005 Healthy Lifestyles Act
on improving student health; and
Whereas, The Legislature desires to evaluate the findings and recommendations regarding
the impact of physical activity on student health as reported in the 2013 report by the Trust for
Americas Health and the Robert Wood Johnson Foundation; and therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study methods
for improving overall student health in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, on the first day of the regular session, 2015, on its findings, conclusions and
recommendations together with drafts of any legislation 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.
And,
By Delegates Campbell, M. Poling, Perry, Moye, Pasdon, Pethtel, Barill, Walker,
Fragale, Cooper, Tomblin, Ambler, Lawrence, Rowan, Young, Butler, D. Evans,
Williams, Sumner, Hamrick and Espinosa:
H. C. R. 138 - "Requesting the Joint Committee on Government and Finance study the
effectiveness of current state statutes and State Board of Education and county board policies
regarding mandatory reporting by school personnel of student harassment, intimidation or bullying."
Whereas, Currently school personnel are required to report bullying, harassment and
intimidation of students; and
Whereas, Each county board establishes policies prohibiting harassment, intimidation or
bullying in schools; and
Whereas, A safe and civil environment in school is necessary for students to learn and
achieve high academic standards; and
Whereas, Harassment, intimidation and bullying, like other disruptive or violent behavior,
disrupt both a students ability to learn and a schools ability to educate its students in a safe,
nonthreatening environment; and
Whereas, Students learn by example when school employees and volunteers demonstrate
appropriate behavior, treat others with civility and respect, and refuse to tolerate harassment,
intimidation or bullying; and
Whereas, School personnel and officials have a duty and an obligation to report incidents of harassment, intimidation and bullying in order to maintain a safe haven for students; and
Whereas, The Legislature desires to evaluate the data regarding incidents reported by school
personnel regarding student harassment, intimidation and bullying, as well as the criteria for required
reporting; and therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
effectiveness of current state statutes and State Board of Education and county board policies
regarding mandatory reporting by school personnel of student harassment, intimidation or bullying;
and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Legislature, on the first day of the regular session, 2015, on its findings, conclusions and
recommendations together with drafts of any legislation 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.
On motion for leave, a resolution was introduced (Originating in the Committee on Health and
Human Resources and reported with the recommendation that it be adopted), which was read by its
title, as follows:
By Delegates Perdue, Fleischauer, Lawrence, Barker, Moore, Staggers, Campbell,
Guthrie, Marshall, Poore, Kinsey, Ellington, Householder, Sobonya, Rowan, Arvon and
Border:
H. C. R. 139 - "Requesting that the Joint Committee on Government and Finance to study the
benefits of recognizing Certified Professional Midwives in the State of West Virginia."
Whereas, The Certified Professional Midwife Credential is approved by the National
Commission for Certifying Agencies (NCCA), an accrediting body that accredits many healthcare credentials, including the Certified Nurse-Midwife and is currently recognized in 28 states; and
Whereas, Home births have increased 29% from 2004-2009 (CDC) and quality studies have
found that birth can safely take place with Certified Professional Midwives at home and in birthing
centers (See Homebirth, An Annotated Guide to the Literature
https://midwifery.ubc.ca/files/2013/11/HomeBirth_AnnotatedGuideToTheLiterature.pdf and the recent
study, "Outcomes of care for 16,924 Planned Home Births in the United States: The Midwives
Alliance of North America Statistics Project from 2004-2009"
https://onlinelibrary.wiley.com/doi/10.1111/jmwh.12172/abstract); and
Whereas, West Virginia is a state where most of the maternal and infant health indicators,
including obesity, smoking and substance abuse, are preventable through appropriate counseling made
more effective by building strong relationships. Such counseling and the relationship building are
cornerstones of midwifery care; and
Whereas, Births attended by Certified Professional Midwives need fewer interventions and
thus result in great cost savings to the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance be authorized to authorize a study the
benefit of recognizing Certified Professional Midwives in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the 2015
Regular Session of the Legislature 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 all reports and
draft legislation be paid from the legislative appropriations to the Joint Committee on Government
and Finance.
Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. C. R. 78, Army PFC Cornelious Wiley Memorial Bridge,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. C. R. 78 - "Requesting the Division of Highways to name bridge number
22-37/2-3.40 (22A125) crossing Fourteen Mile Creek in Lincoln County, as the U.S. Army PFC
Cornelious Wiley Memorial Bridge,"
With the recommendation that the committee substitute be adopted.
Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
Com. Sub. for S. C. R. 50, Requesting DOH name portion of State Rt. 20, Hinton, Summers
County, "USMC Sgt. Mecot E. Camara Memorial Highway",
And reports the same back with the recommendation that it be adopted.
At the request of Delegate White, the resolution was taken up for immediate consideration.
The question now being on the adoption of the resolution, Delegate Caputo demanded the yeas
and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 351), 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: Longstreth, J. Nelson, Paxton and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (Com. Sub. for S. C. R. 50) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Mr. Speaker, Mr. Miley, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. C. R. 22, Studying the needs, challenges, and issues facing West Virginia military veterans,
H. C. R. 51, Requesting the Joint Committee on Government Organization and Finance study
the need for interconnectivity and other improvements in West Virginias water distribution systems,
H. C. R. 88, Requesting the Congress of the United States to restore the presumption of a
service connection for Agent Orange exposure,
H. C. R. 97, Requesting the Joint Committee on Government and Finance to conduct a study
regarding strategies for increasing the number of college graduates in the state,
H. C. R. 123, U. M. W. A. Memorial Road,
H. C. R. 130, Requesting the Joint Committee on Government and Finance study the issue
of implementing the recommendations laid out in the Minerss Safety Report,
Com. Sub. for S. C. R. 52, Requesting DOH place signage along highways entering WV
honoring fallen veterans and Gold Star Families,
And,
S. C. R. 60, Requesting DOH name section of Rt. 1 in Marion County "USAF Sergeant
Jerome E. Kiger Memorial Road",
And reports the same back with the recommendation that they each be adopted.
At the request of Delegate White, and by unanimous consent, the resolutions (H. C. R. 22, H.
C. R. 51, H. C. R. 88, H. C. R. 97, H. C. R. 12, H. C. R. 130, Com. Sub. for S. C. R 52 and S. C. R.
60) were taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein on those requiring the same.
Messages from
the Executive
Mr. Speaker, Mr. Miley, presented a communication from His Excellency, the Governor,
advising that on March 7, 2014, he approved
Com. Sub. for H. B. 4350, H. B. 4359, H. B. 4372, H.
B. 4504, S. B. 402, S. B. 443, S. B. 444, S. B. 452 and
S. B. 460.
Messages from
the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 2803, Requiring electric utilities to implement integrated resource plans.
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. 3108, Relating to criminal background checks on applicants for
employment by nursing homes.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 5C. NURSING HOMES.
§16-5C-21 Employment restrictions.
(a)Notwithstanding a legislative rule or provider manual issued by the department, a person
cannot be employed by a nursing home unless granted a variance by the secretary, or his or her
designee, if convicted of:
(1) Abduction or kidnapping;
(2) Any violent felony crime including, but not limited to, rape, sexual assault, homicide,
felonious physical assault or felonious battery;
(3) Child or adult abuse or neglect;
(4) Crimes which involve the exploitation of a child or an incapacitated adult;
(5) Felony domestic battery or domestic assault;
(6) Felony arson;
(7) Felony or misdemeanor crime against a child or incapacitated adult which causes harm;
(8) Felony drug-related offenses;
(9) Felony driving under the influence of drugs or alcohol;
(10) Hate crimes;
(11) Murder or manslaughter;
(12) Neglect or abuse by a caregiver;
(13) Pornography crimes involving children or incapacitated adults including, but not limited
to, use of minors or incapacitated adults in filming sexual explicit conduct, distribution and exhibition
of material depicting minors or incapacitated adults in sexually explicit conduct or sending,
distributing, exhibiting, possessing, displaying or transporting material by a parent, guardian or
custodian, depicting a minor or incapacitated adult engaged in sexually explicit conduct;
(14) Purchase or sale of a child;
(15) Sexual offenses including, but not limited to, incest, sexual abuse or indecent exposure;
(16) Felony or misdemeanor involving financial exploitation of a minor or elderly person; or
(17) Felony offense related to fraud, theft, embezzlement, breach of fiduciary responsibility
or other financial misconduct in connection with the delivery of a health care item or service, or with
respect to any act or omission in a health care program operated or financed, in whole or in part, by
any federal, state or local government agency; or
(18) Any criminal offense related to the delivery of an item or service under Medicare or a
state health care program.
(b) The secretary shall propose rules for legislative approval in accordance with article three,
chapter twenty-nine-a of this code, to allow persons to appeal decisions, demonstrate rehabilitation,
request a review of their initial negative determinations and to implement any variance procedure as
may be required by state or federal law."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 3108 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §16-5C-21, relating to prohibiting employment by a nursing home of a person convicted of certain crimes unless a variance has been granted by the
secretary; and authorizing the Secretary of the Department of Health and Human Resources to
propose legislative rules."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 352), 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: Longstreth, J. Nelson and Raines.
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. 3108) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of
the House of Delegates as follows:
H. B. 4135, Designating the first Thursday in May the West Virginia Day of Prayer.
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. 4147, Relating to emergency preparedness.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"CHAPTER 15. PUBLIC SAFETY.
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
§15-5-1. Policy and purpose.
In view of the existing and increasing possibility of the occurrence of disasters of
unprecedented size and destructiveness
and large-scale threats, resulting from terrorism, enemy attack,
sabotage or other hostile action, or from fire, flood, earthquakes or other natural or man-made causes
and in order to insure that preparations of this state will be adequate to deal with
such the disasters
and large-scale threats, and generally to provide for the common defense and to protect the public
peace, health and safety and to preserve the lives and property of the people of the state, it is
hereby
found and declared to be necessary: (1) To create the Division of Homeland Security and Emergency
Management and to authorize the creation of local and regional organizations for emergency services
in the political subdivisions of the state; (2) to confer upon the Governor and upon the executive
heads of governing bodies of the political subdivisions of the state the emergency powers provided
herein; (3) to provide for the rendering of mutual aid among the political subdivisions of the state and
with other states and to cooperate with the federal government with respect to the carrying out of
emergency services and homeland security functions;
(4) and
(4) to establish and implement
comprehensive homeland security and emergency management plans to deal with such disasters
and
large-scale threats. It is further declared to be the purpose of this article and the policy of the state
that all homeland security and emergency management funds and functions of this state be
coordinated to the maximum extent with the Secretary of the Department of Military Affairs and
Public Safety and with the comparable functions of the federal government including its various
departments and agencies, of other states and localities and of private agencies of every type, so that
the most effective preparation and use may be made of the nations and this states manpower,
resources and facilities for dealing with any disaster
or large-scale threat that may occur.
§15-5-6. Emergency powers of Governor.
(a) The provisions of this section
shall be are operative only during the existence of a state of
emergency
or state of preparedness. The existence of a state of emergency
or state of preparedness may be proclaimed by the Governor or by concurrent resolution of the Legislature if the Governor in
such the proclamation, or the Legislature in
such the resolution, finds that an attack upon the United
States has occurred or is anticipated in the immediate future, or that a natural or man-made disaster
of major proportions has actually occurred or is imminent within the state,
or that an emergency exists
or may be imminent due to a large-scale threat beyond local control, and that the safety and welfare
of the inhabitants of this state require an invocation of the provisions of this section.
(b) Any
such state of emergency
or state of preparedness, whether proclaimed by the Governor
or by the Legislature,
shall terminate terminates upon the proclamation of the termination
thereof by
the Governor, or the passage by the Legislature of a concurrent resolution terminating
such the state
of emergency
or state of preparedness: Provided, That in no case shall a state of preparedness last
longer than thirty days.
_____(c) So long as
such a state of emergency
or state of preparedness exists, the Governor
shall
have has and may exercise the following additional emergency powers:
(a) (1) To enforce all laws and rules relating to the provision of emergency services and to
assume direct operational control of any or all emergency service forces and helpers in the state;
(b) (2) To sell, lend, lease, give, transfer or deliver materials or perform functions relating to
emergency services on
such terms and conditions
as he or she
shall prescribe prescribes and without
regard to the limitations of any existing law and to account to the State Treasurer for any funds
received for
such the property;
(c) (3) To procure materials and facilities for emergency services by purchase, condemnation
under the provisions of chapter fifty-four of this code or seizure pending institution of condemnation
proceedings within thirty days from the seizing thereof and to construct, lease, transport, store,
maintain, renovate or distribute
such the materials and facilities. Compensation for property so
procured shall be made in the manner provided in chapter fifty-four of this code;
(d) (4) To obtain the services of necessary personnel, required during the emergency, and to
compensate them for their services from his or her contingent funds or
such other funds
as may be available to him or her;
(e) (5) To provide and compel the evacuation of all or part of the population from any stricken
or threatened area within the state and to take
such steps
as that are necessary for the receipt and care
of
such the evacuees;
(f) (6) To control ingress and egress to and from a disaster area
or an area where large-scale
threat exists, the movement of persons within the area and the occupancy of premises therein;
(g) (7) To suspend the provisions of any regulatory statute prescribing the procedures for
conduct of state business or the orders, rules
or regulations of any state agency, if strict compliance
therewith would in any way prevent, hinder or delay necessary action in coping with the emergency;
(h) (8) To
utilize such use available resources of the state and of its political subdivisions
as
that are reasonably necessary to cope with the emergency;
(I) (9) To suspend or limit the sale, dispensing or transportation of alcoholic beverages,
explosives and combustibles;
(j) (10) To make provision for the availability and use of temporary emergency housing; and
(k) (11) To perform and exercise
such other functions, powers and duties
as that are necessary
to promote and secure the safety and protection of the civilian population.
(d) The declaration of a state of preparedness has the same effect as a declaration of a state
of emergency for the purposes of the Emergency Management Assistance Compact established in
section twenty-two of this article and the Statewide Mutual Aid Systems set forth in section
twenty-eight of this article.
_____(e) No The powers granted under this section
may be interpreted to do not authorize any action
that would violate the prohibitions of section nineteen-a of this article.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT
AND PROTECTION ACT.
ARTICLE 6J. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR
PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY OR STATE OF PREPAREDNESS.
§46A-6J-1. Emergencies and natural disasters - Taking unfair advantage of consumers.
The Legislature
hereby finds that during emergencies and major disasters, including, but not
limited to, tornadoes, earthquakes, fires, floods, storms or civil disturbances
or where a large-scale
threat exists, some merchants have taken unfair advantage of consumers by greatly increasing prices
for essential consumer goods or services. While the pricing of consumer goods and services is
generally best left to the marketplace under ordinary conditions, when a declared state of emergency
or state of preparedness results in abnormal disruptions of the market, the public interest requires that
excessive and unjustified increases in the prices of essential consumer goods and services be
prohibited. It is the intent of the Legislature in enacting this article to protect citizens from excessive
and unjustified increases in the prices charged during or shortly after a declared state of emergency
or state of preparedness for goods and services that are vital and necessary for the health, safety and
welfare of consumers. Further, it is the intent of the Legislature that this article be liberally construed
so that its beneficial purposes may be served.
§46A-6J-2. Definitions.
(a) Building materials means lumber, construction tools, windows and any other item used
in the building or rebuilding of property.
(b) Consumer food item means any article that is used or intended for use for food or drink
by a person or animal.
(c) Disaster means the occurrence or imminent threat of widespread or severe damage, injury,
or loss of life or property resulting from any natural or man-made cause, including fire, flood,
earthquake, wind, snow, storm, chemical or oil spill or other water or soil contamination, epidemic,
air contamination, blight, drought, infestation or other public calamity requiring emergency action.
(d) Emergency supplies includes, but is not limited to, water, flashlights, radios, batteries,
candles, blankets, generators, heaters and temporary shelters.
(e) Essential consumer item means any article that is necessary to the health, safety and welfare of consumers, including, but not limited to, clothing, diapers, soap, cleaning supplies and
toiletries.
(f) Gasoline means any fuel used to power any motor vehicle or power tool.
(g) Housing means any rental housing leased on a month-to-month term or the sale of
manufactured homes, as that term is defined in section two, article nine, chapter twenty-one of this
code.
(h) Large-scale threat means circumstances which present a reasonable probability that
necessary services or public order would be disrupted and effect a significant number of people from
either natural or man-made causes.
_____(h) (I) Medical supplies includes, but is not limited to, prescription and nonprescription
medications, bandages, gauze, isopropyl alcohol and antibacterial products.
(I) (j) Repair or reconstruction services means any services performed by any person for
repairs to residential, commercial or public property of any type that is damaged as a result of a
disaster.
(j) (k) State of emergency means the situation existing
during or after the occurrence of a
disaster
or large-scale threat in which a state of emergency has been declared by the Governor or by
the Legislature pursuant to the provisions of section six, article five, chapter fifteen of this code or
in which a major disaster declaration or emergency declaration has been issued by the president of
the United States pursuant to the provisions of 42 U. S. C. § 5122.
(l) State of preparedness means the situation existing before a disaster or large-scale threat in
which a state of preparedness has been declared by the Governor or by the Legislature pursuant to the
provisions of section six, article five, chapter fifteen of this code.
_____(k) (m) Transportation, freight and storage services means any service that is performed by
any company that contracts to move, store or transport personal or business property or rents
equipment or storage space for those purposes.
§46A-6J-3. Prohibited unfair pricing practices.
(a) Upon the declaration of a state of emergency
or state of preparedness, and continuing for
the existence of the state of emergency
or state of preparedness or for thirty days following the
declaration, whichever period is longer, it is unlawful for any person, contractor, business, or other
entity to sell or offer to sell to any person in the area subject to the declaration any consumer food
items, essential consumer items, goods used for emergency cleanup, emergency supplies, medical
supplies, home heating oil, building materials, housing, transportation, freight and storage services,
or gasoline or other motor fuels for a price greater than ten percent above the price charged by that
person for those goods or services on the tenth day immediately preceding the declaration of
emergency
state of preparedness, unless the increase in price is directly attributable to additional costs
imposed on the seller by the supplier of the goods or directly attributable to additional costs for labor
or materials used to provide the services
: Provided, That in those situations where the increase in
price is attributable to additional costs imposed by the sellers supplier or additional costs of providing
the good or service during the state of emergency
or state of preparedness, the price is no greater than
ten percent above the total of the cost to the seller plus the markup customarily applied by the seller
for that good or service in the usual course of business on the tenth day immediately preceding the
declaration
: Provided, however, That where a supplier of gasoline or other motor fuels cannot
determine their daily costs, the supplier may sell gasoline or other motor fuels to distributers on any
day at a rate not to exceed the average of the Oil Price Information Services average wholesale rack
price for that product at the Montvale/Roanoke, Virginia, Fairfax, Virginia and Pittsburgh,
Pennsylvania wholesale racks for the previous day.
(b) Upon the declaration of a state of emergency
or state of preparedness, and for a period of
one hundred eighty days following that declaration, it is unlawful for any contractor to sell or offer
to sell any repair or reconstruction services or any services used in emergency cleanup in the area
subject to the declaration for a price greater than ten percent above the price charged by that person
for those services on the tenth day immediately preceding the declaration, unless the increase in price
was directly attributable to additional costs imposed on it by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services
: Provided, That in
those situations where the increase in price is attributable to the additional costs imposed by the
contractors supplier or additional costs of providing the service, the price is no greater than ten
percent above the total of the cost to the contractor plus the markup customarily applied by the
contractor for that good or service in the usual course of business on the tenth day immediately
preceding to the declaration of the state of emergency
state of preparedness.
(c) Any business offering an item for sale at a reduced price ten days immediately prior to the
declaration of the state of emergency
or state of preparedness may use the price at which it usually
sells the item to calculate the price pursuant to subsection (a) or (b) of this section.
(d) Whenever the Governor declares a state of preparedness, the provisions of this article shall
only apply to those items or services specifically set forth in the proclamation.
_____(d) (e) The price restrictions imposed by this article may be limited or terminated by
proclamation of the Governor.
§46A-6J-4. Notification by the Secretary of State; registry.
The Secretary of State shall promulgate rules to establish a system by which any person,
corporation, trade association or partnership may register to receive notification that a state of
emergency
or state of preparedness has been declared and that the provisions of this article are in
effect. The rules promulgated pursuant to the authority conferred by this section may include a
requirement of the payment of fees for registration."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4147 - "A Bill to amend and reenact §15-5-1 and §15-5-6 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §46A-6J-1
, §46A-6J-2, §46A-6J-3
and §46A-6J-4 of said code, all relating to emergency preparedness; revising the policy statement for
the Division of Homeland Security and Emergency Management; authorizing the Governor or the
Legislature to declare a state of preparedness; limiting a state of preparedness to thirty days; identifying conditions that permit a declaration of a state of preparedness; adding the term state of
preparedness to where state of emergency is referred throughout the code; providing that a state of
preparedness has the same effect as a state of emergency for the purposes of the Emergency
Management Assistance Compact and the Statewide Mutual Aid System; revising the definition of
state of emergency in the West Virginia Consumer Protection Act; defining state of preparedness and
large-scale threat in the West Virginia Consumer Protection Act; requiring the Governor to
specifically list items or services subject to unfair pricing provisions in a proclamation declaring a
state of preparedness; requiring notification of a state of preparedness by the Secretary of State; and
making other technical and stylistic revisions."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 353), 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: Longstreth, J. Nelson and Raines.
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. 4147) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 354), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Longstreth, J. Nelson and Raines.
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. 4147) 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:
Com. Sub. for H. B. 4149, Allowing members of the Board of Public Works to be
represented by designees and to vote by proxy.
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. 4156, Electronic Toll Collection Act.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page six, section three, line four, after the word "collection", by striking out the remainder
of the section and inserting in lieu thereof "and enforcement of tolls for the use of roads, highways
and bridges may be accomplished by electronic toll collection as provided in this article and in rules
promulgated by authority of this article: Provided, That the application of this article should not apply
to:
(1) Future highway construction provided for in the Division of Highways Statewide
Transportation Improvement Plan at the time of the enactment of this article; and
(2) Existing toll roads: Provided, That this section may not be construed to prohibit the
collection and enforcement of tolls pursuant to article sixteen-a, chapter seventeen of this code."
On page eleven, section five, line ninety-three, by striking out the words "Authority of" and
inserting in lieu thereof the words "the Parkways Authority pursuant to".
On page fourteen, section six, line thirteen, by striking out the word "rebutable" and inserting
in lieu thereof the word "rebuttable".
On page fifteen, section seven, lines five through nine, by striking out the words "a copy of
the rental agreement, lease or other contract document covering that vehicle on the date of the
violation, with the name and address of the lessee clearly legible to the Authority and to the court
having jurisdiction over the violation" and a period and inserting in lieu thereof "the name and address of the lessee who leased the vehicle on the day of the violation: Provided, That a lessor shall
provide a copy of the rental agreement, lease or other contract document covering that vehicle on the
date of the violation to the Parkways Authority upon written request for a violation that is in
litigation" and a period.
And,
On page twenty, section nine, following line fifty-nine, by adding two new subsections,
designated subsections (f) and(g), to read as follows:
"(f) All videotapes, photographs, microphotographs, other recorded images, written records,
reports or facsimiles prepared pursuant to this article shall be destroyed within sixty days following
the conclusion of the action or proceeding.
(g) Nothing in this article authorizes any law-enforcement agency to enter any information in
a national database that is contained in videotapes, photographs, microphotographs, other recorded
images, written records, reports or facsimiles prepared pursuant to this article."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 355), and there were--yeas
68, nays 29, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Ambler, Andes, Armstead, Border, Butler, Cadle, Canterbury, Cooper, Cowles, Ellem,
Ellington, Espinosa, Faircloth, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Kump, Lane,
Miller, Overington, Shott, R. Smith, Sobonya, Sumner, Walker and Walters.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
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. 4156) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4183, Supplementing, amending, decreasing, and increasing items of
the existing appropriations from the State Road Fund to the Department of Transportation, Division
of Highways.
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. 4196, Requiring the Workforce Investment Council to provide
information and guidance to local workforce investment boards that would enable them to better
educate both women and men about higher paying jobs.
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. 4217, Relating to Medicaid reports to the Legislature.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-22. Medicaid managed care reporting.
(a) Beginning January 1, 2016, and annually thereafter, the Bureau for Medical Services shall
submit an annual report by May of that year to the Joint Committee on Government and Finance and
the Legislative Oversight Commission on Health and Human Resources Accountability that includes,
but is not limited to, the following information for all managed care organizations:
(1) The name and geographic service area of each managed care organization that has contracted with the bureau.
(2) The total number of health care providers in each managed care organization broken down
by provider type and specialty and by each geographic service area.
(3) The monthly average and total of the number of members enrolled in each organization
broken down by eligibility group.
(4) The percentage of clean claims paid each provider type within thirty calendar days and the
average number of days to pay all claims for each managed care organization
(5) The number of claims denied or pended by each managed care organization.
(6) The number and dollar value of all claims paid to non-network providers by claim type
for each managed care organization.
(7) The number of members choosing the managed care organization and the number of
members auto-enrolled into each managed care organization, broken down by managed care
organization.
(8) The amount of the average per member per month payment and total payments paid to
each managed care organization.
(9) A comparison of nationally recognized health outcomes measures as required by the
contracts the managed care organizations have with the bureau.
(10) A copy of the member and provider satisfaction survey report for each managed care
organization.
(11) A copy of the annual audited financial statements for each managed care organization.
(12) A brief factual narrative of any sanctions levied by the department against a managed care
network.
(13) The number of members, broken down by each managed care organization, filing a
grievance or appeal and the total number and percentage of grievances or appeals that reversed or
otherwise resolved a decision in favor of the member.
(14) The number of members receiving unduplicated outpatient emergency services and urgent care services, broken down by managed care organization.
(15) The number of total inpatient Medicaid days broken down by managed care organization
and aggregated by facility type.
(16) The following information concerning pharmacy benefits broken down by each managed
care organization and by month:
(A) Total number of prescription claims;
(B) Total number of prescription claims denied;
(C) Average adjudication time for prescription claims;
(D) Total number of prescription claims adjudicated within thirty days;
(E) Total number of prescription claims adjudicated within ninety days;
(F) Total number of prescription claims adjudicated after thirty days; and
(G) Total number of prescription claims adjudicated after ninety days.
(17) The total number of authorizations by service.
(18) Any other metric or measure which the Bureau of Medical Services deems appropriate
for inclusion in the report.
(19) For those managed care plans that are accredited by a national accreditation organization
they shall report their most recent annual quality ranking for their Medicaid plans offered in West
Virginia.
(20) The medical loss ratio and the administrative cost of each managed care organization and
the amount of money refunded to the state if the contract contains a medical loss ratio.
(b) The report required in subsection (a) of this section shall also include information
regarding fee-for-service providers that is comparable to that required in subsection (a) of this section
for managed care organizations: Provided, That any report regarding Medicaid fee for service should
be designed to determine the medical and pharmacy costs for those benefits similar to ones provided
by the managed care organizations and the data shall be reflective of the population served.
(c) The report required in subsection (a) of this section shall also include for each of the five most recent fiscal years, annual cost information for both managed care organizations and fee-for-
service providers of the Medicaid program expressed in terms of:
(1) Aggregate dollars expended by both managed care organizations and fee-for-service
providers of the Medicaid programs per fiscal years; and
(2) Annual rate of cost inflation from prior fiscal year for both managed care organizations
and fee-for-service providers of the Medicaid program.
§9-5-23. Bureau of Medical Services information.
(a) The Bureau of Medical Services shall publish all informational bulletins, health plan
advisories, and guidance published by the department concerning the Medicaid program on the
departments website.
(b) The bureau shall publish all Medicaid state plan amendments and any related
correspondence within twenty-four hours of receipt of the correspondence submission to the Centers
for Medicare and Medicaid Services.
(c) The bureau shall publish all formal responses by the Centers for Medicare and Medicaid
Services regarding any state plan amendment on the departments website within twenty-four hours
of receipt of the correspondence."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 356), 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: Longstreth, J. Nelson and Raines.
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. 4217) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 4236, Sexual assault nurse examination network.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Kirdendoll, Cookman and Carmichael.
On motion of Delegate Boggs, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Fleischauer, Skinner and Ellem.
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, to take
effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4242, Increasing gross weight limitations on certain roads in Brooke
County.
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. 4245, Relating to anticipated retirement dates of certain health care
professionals.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4254, Providing that certain state employees may be granted a leave of
absence with pay during a declared state of emergency.
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. 4268, Relating to the administration of veterans assistance.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"CHAPTER 9A. VETERANS ASSISTANCE.
ARTICLE 1. DEPARTMENT OF VETERANS ASSISTANCE.
§9A-1-2. Veterans Council; administration of department.
(a) There is continued the Veterans Council consisting of nine members who must be citizens
and residents of this state and who have served in and been honorably discharged or separated under
honorable conditions from the Armed Forces of the United States and whose service was within a
time of war as defined by the laws of the United States.
either Public Law No. 2 -- 73rd Congress,
or Public Law No. 346 -- 78th Congress, and amendments thereto.
(b) Where feasible, two members of the council shall be veterans of either World War II or
the Korean Conflict, at least two members of the council shall be veterans of the Vietnam era, at least
one member shall be a veteran of the first Gulf War and at least one member shall be a veteran of the
Afghanistan or Iraqi Conflicts. The members of the veterans council shall be selected with special
reference to their ability and fitness to effectuate the purposes of this article. If an eligible veteran is
not available or cannot be selected, a veteran who is a citizen and resident of this state, who served
in and was honorably discharged or separated under honorable conditions from the Armed Forces of the United States and who served during any time of war or peace may be selected.
(c) A The secretary and such
veterans affairs officers, assistants and employees as the
secretary considers advisable, shall administer the West Virginia Department of Veterans Assistance.
§9A-1-4. Duties and functions of Veterans Council; appointment of secretary; honoring
academic achievement at military academies.
(a) It is the duty and function of The Veterans Council to advise the secretary on the general
administrative policies of the department, to select, at their first meeting in each fiscal year
commencing on July 1, a chairperson to serve one year, to advise the secretary on rules as may be
necessary, to advise the Governor and the Legislature with respect to legislation affecting the interests
of veterans, their widows,
widowers, dependents and orphans and to make annual reports to the
Governor respecting the service of the department. The secretary has the same eligibility and
qualifications prescribed for members of the Veterans Council. The secretary ex officio shall
maintain all records of the Veterans Council.
(b) The Veterans Council may annually honor each West Virginian graduating from the U.
S. Military Academy, the U. S. Naval Academy, the U. S. Air Force Academy and the U. S. Coast
Guard Academy with the highest grade point average by bestowing upon him or her the West Augusta
Award. The award shall be in a design and form established by the council and include the famous
Revolutionary War phrase from which the awards name is derived: Once again our brethren from
West Augusta have answered the call to duty. The council shall coordinate the manner of recognition
of the recipient at graduation ceremonies with each academy.
§9A-1-5. Compensation to and expenses of Secretary and Veterans Council members; meetings
of Veterans Council.
(a) The
director secretary shall receive an annual salary as provided in section two-a, article
seven, chapter six of this code and necessary traveling expenses incident to the performance of his
or her duties.
The salaries of the veterans affairs officers, assistants and employees shall be fixed by
the Veterans Council.
(b) The members of the Veterans Council shall receive no salary, but each member shall
receive the same compensation and expense reimbursement as is paid to members of the Legislature
for their interim duties as recommended by the Citizens Legislative Compensation Commission and
authorized by law for each day or portion thereof engaged in the discharge of official duties. The
requisition for such expenses and traveling expenses shall be accompanied by a sworn and itemized
statement, which shall be filed with the Auditor and permanently preserved as a public record.
(c) The Veterans Council shall
hold its initial meeting on the call of the Governor, and
thereafter shall meet on the call of its chairman, except as otherwise provided.
With the exception
of the first three meetings of the Veterans Council, none of which shall be of a duration longer than
two weeks each, for organizational purposes,
(d) The Veterans Council shall meet not more than once every two months at such times as
may be determined by and upon the call of the chairman for a period of not more than two days,
unless there should be an emergency requiring a special meeting or for a longer period and so declared
and called by the Governor or by the chairman with the approval of the Governor.
(e) A majority of the members of the Veterans Council
in office shall constitute a quorum for
the conduct of official business.
§9A-1-6. Oaths.
The members of the Veterans Council, the
director secretary and the
veterans affairs officers
of the department shall take and subscribe to the oath prescribed by article four, section five of the
state Constitution before entering on their duties. Their oaths shall be filed with the Secretary of
State.
§9A-1-8. Offices.
(a) The offices of the
director secretary shall be located at the state capitol or other place
provided in the capital city. The
director secretary shall keep his
or her offices open at all reasonable
times for the transaction of business.
(b) The offices and meeting place of the Veterans Council shall be in the offices of the
director secretary:
Provided, That the Veterans Council with the approval of the Governor may hold meetings
at other places but not outside of this state, except in the District of Columbia.
§9A-1-9. Duties of department.
The
division department of veterans
affairs assistance of West Virginia shall:
(1) Assist veterans, their widows,
widowers, dependents and orphans within the state, in
properly presenting their claims before the United States Veterans Administration, its administrator,
or any federal agency, the State of West Virginia, or any of the several states of the United States,
when the claims arise out of service with the armed forces of the United States as defined in section
one of this article;
(2) Contact all veterans organizations in this state through their duly elected or appointive
officers to effectuate the purposes of this article and aid in the efficiency of the operations of the
division department;
(3) Render all possible and proper advice, assistance and counsel to veterans, their families,
and their widows, dependents and orphans, within the state, and furnish them information on
compensation, allowances, pensions, insurance, rehabilitation, hospitalization, education, vocational
training, or refresher or retraining courses in education or training, employment, loans or aid for the
purchase, acquisition or construction of homes, farms, farm equipment and business property,
preference in the purchase of property and preference in employment, as provided or may be provided
by any federal act, any federal agency, this state or other states;
(4) Make careful inquiry into all claims presented for payment out of the State Treasury from
any appropriation made for the benefit of veterans, their widows,
widowers, dependents and orphans.
§9A-1-10. Powers and duties of secretary.
The
director secretary is the executive and administrative head of the
division department and
has the power and duty, subject to the provisions of section four of this article, to:
(a) Supervise and put into effect the purposes and provisions of this article and the rules for
the government of the
division department;
(b) Prescribe methods pertaining to investigations and reinvestigations of all claims and to the
rights and interests of all veterans, their widows,
widowers, dependents and orphans;
(c) Prescribe uniform methods of keeping all records and case records of the veterans, their
widows,
widowers, dependents and orphans;
(d) Sign and execute, in the name of the state by West Virginia
Division Department of
Veterans
Affairs Assistance,
and by and with the consent of the Veterans Council, any contract or
agreement with the federal government or its agencies, other states, subdivisions of this state,
corporations, associations, partnerships or individuals;
(e) Supervise the fiscal affairs and responsibilities of the
division department;
(f) Organize the
division department to comply with the requirements of this article and with
the standards required by any federal act or any federal agency;
(g) Establish any regional or area offices throughout the state that are necessary to promote
efficiency and economy in administration;
(h) Make reports that comply with the requirements of any federal act or federal agency and
the provisions of this article;
(i) Cooperate with the federal and state governments for the more effective attainment of the
purposes of this article;
(j) Keep a complete and accurate record of all proceedings; record and file all contracts and
agreements and assume responsibility for the custody and preservation of all papers and documents
pertaining to his or her office and the
division department;
(k) Prepare for the Veterans Council the annual reports to the Governor of the condition,
operation and functioning of the
division department;
(l) Exercise any other powers necessary and proper to standardize the work; to expedite the
service and business; to assure fair consideration of the rights and interests and claims of veterans,
their widows,
widowers, dependents and orphans; to provide resources for a program which will
promote a greater outreach to veterans and which will advise them of the benefits and services that are available; and to promote the efficiency of the
division department;
(m) Invoke any legal, equitable or special remedies for the enforcement of his or her orders
or the provisions of this article;
(n) Appoint the
veterans affairs officers and heads of divisions of the
division department, and
of regional or area offices, and employ assistants and employees, including case managers and
counselors, that are necessary for the efficient operation of the
division department;
(o) Provide resources and assistance in the development of an Internet website which is to be
used to inform veterans of programs and services available to them through the
division department
and the state and federal governments;
(p) Delegate to all or any of his or her appointees, assistants or employees all powers and
duties vested in the
director secretary, except the power to sign and execute contracts and agreements:
but the director Provided, That the secretary shall be responsible for the acts of his or her appointees,
assistants and employees;
and
(q)
Provide volunteers who will drive or transport Award grants, in his or her discretion,
subject to available appropriations, to provide for the transportation of veterans to veterans hospitals
from the veterans home or local Veterans
affairs Assistance offices
; and and who shall be paid an
expense per diem of seventy-five dollar.
(r) Enter into an agreement with the Commissioner of the Department of Agriculture to
transfer without consideration all or part of the approximately seventeen acres of the Department of
Agriculture property in Beckley, West Virginia, located adjacent to the Jackie Withrow Hospital
which was formerly known as Pinecrest Hospital, for construction of a veterans skilled nursing
facility.
§9A-1-11. Establishment of veterans facilities support fund; authorized expenditures.
(a) There is
hereby created continued in the State Treasury a special revenue fund to be
designated and known as the Veterans Facilities Support Fund
which shall be administered by the
secretary.
(b) All interest or other returns earned on the investment of the moneys in the fund shall be
credited to the fund.
(c) Funds paid into the account shall be derived from the following sources: (1) Any gift,
grant, bequest, endowed fund or donation which may be received by any veterans facility created by
statute from any governmental entity or unit or any person, firm, foundation or corporation; and (2)
All interest or other return on investment accruing to the fund.
(d) Moneys in the fund are to be used for the operational costs of any veterans facility created
by statute, the acquisition, design, construction, equipping, furnishing, including, without limitation,
the payment of debt service on bonds issued to finance the foregoing and/or as otherwise designated
or specified by the donor.
(e) Any balance, including accrued interest or other earnings, in this special fund at the end
of any fiscal year shall not revert to the General Revenue Fund but shall remain in the fund.
(f) Funds from the Veterans Facility Support Fund for operational costs
of any veterans facility
as defined in this section will be distributed by appropriation of the Legislature.
(g) Funds from the Veterans Facility Support Fund for the acquisition, design, construction,
equipping, furnishing, including, without limitation, the payment of debt service on bonds issued to
finance the veterans nursing home shall be transferred to the Veterans Nursing Home Building Fund
upon written request of the
director secretary. of the division of Veterans Affairs to the Investment
Management Board and the state Treasurer in accordance with the provisions of this section.
§9A-1-12. Legal assistance.
The Attorney General of the state and his
or her assistants, and the prosecuting attorneys of
the various counties, shall render to the Veterans Council or
director secretary,
without additional
compensation, such legal services as may be required in the discharge of the provisions of this
article."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4268 - "A Bill to repeal §9A-1-13, §9A-1-14 and §9A-1-15 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §9A-1-2, §9A-1-4, §9A-1-5, §9A-1-6,
§9A-1-8, §9A-1-9, §9A-1-10, §9A-1-11 and §9A-1-12 of said code, all relating to the Department
of Veterans Assistance; removing outdated language; providing additional powers to the Secretary
of Department of Veterans Assistance; modifying the duties of the Veterans Council; authorizing the
Secretary to award grants to provide transportation for veterans; and authorizing the Secretary of the
Department of Veterans Assistance to enter into agreement with the Commissioner of the Department
of Agriculture to transfer certain property for construction of a veterans skilled nursing facility."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 357), 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: Longstreth, J. Nelson and Raines.
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. 4268) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4278, Rewriting the procedure by which corporations may obtain
authorization from the West Virginia Board of Medicine to practice medicine and surgery.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-15. Certificate of authorization requirements for medical and podiatry corporations.
(a)
Unlawful acts. - It is unlawful for any corporation to practice or offer to practice medicine
and surgery or podiatry in this state without a certificate of authorization issued by the board
designating the corporation as an authorized medical or podiatry corporation.
(b)
Certificate of authorization for in-state medical or podiatry corporation. - One or more
physicians licensed to practice medicine and surgery in this state under this article, or one or more
physicians licensed under this article and one or more physicians licensed under article fourteen of
this chapter, or one or more podiatrists licensed to practice podiatry in this state may receive a
certificate of authorization from the board to be designated a medical or podiatry corporation by:
(1) Filing a written application with the board on a form prescribed by the board;
(2) Furnishing satisfactory proof to the board that each shareholder of the proposed medical
or podiatry corporation is a licensed physician or podiatrist pursuant to this article or article fourteen
of this chapter; and
(3) Submitting applicable fees which are not refundable.
(c)
Certificate of authorization for out-of-state medical or podiatry corporation. - A medical
or podiatry corporation formed outside of this state for the purpose of engaging in the practice of
medicine and surgery or the practice of podiatry may receive
a certificate of authorization from the
board to be designated a foreign medical or podiatry corporation by:
(1) Filing a written application with the board on a form prescribed by the board;
(2) Furnishing satisfactory proof to the board that the medical or podiatry corporation has
received a certificate of authorization or similar authorization from the appropriate authorities as a
medical or podiatry corporation, or professional corporation in its state of incorporation and is
currently in good standing with that authority;
(3) Furnishing satisfactory proof to the board that at least one shareholder of the proposed
medical or podiatry corporation is a licensed physician or podiatrist pursuant to this article and is designated as the corporate representative for all communications with the board regarding the
designation and continuing authorization of the corporation as a foreign medical or podiatry
corporation;
(4) Furnishing satisfactory proof to the board that all of the medical or podiatry corporations
shareholders are licensed physicians or podiatrists in one or more states and submitting a complete
list of the shareholders, including each shareholders name, their state or states of licensure and their
license number(s); and
(5) Submitting applicable fees which are not refundable.
(d)
Notice of certificate of authorization to Secretary of State - When the board issues a
certificate of authorization to a medical or podiatry corporation, then the board shall notify the
Secretary of State that a certificate of authorization has been issued. When the Secretary of State
receives a notification from the board, he or she shall attach that certificate of authorization to the
corporation application and, upon compliance by the corporation with the pertinent provisions of this
code, shall notify the incorporators that the medical or podiatry corporation, through licensed
physicians or licensed podiatrists, may engage in the practice of medicine and surgery or the practice
of podiatry in West Virginia.
(e)
Authorized practice of medical or podiatry corporation - An authorized medical
corporation may only practice medicine and surgery through individual physicians licensed to practice
medicine and surgery in this state. An authorized podiatry corporation may only practice podiatry
through individual podiatrists licensed to practice podiatry in this state. Physicians or podiatrists may
be employees rather than shareholders of a medical or podiatry corporation, and nothing herein
requires a license for or other legal authorization of, any individual employed by a medical or podiatry
corporation to perform services for which no license or other legal authorization is otherwise required.
(f)
Renewal of certificate of authorization - A medical or podiatry corporation holding a
certificate of authorization shall register biennially, on or before the expiration date on its certificate
of authorization, on a form prescribed by the board, and pay a biennial fee. If a medical or podiatry corporation does not timely renew its certificate of authorization, then its certificate of authorization
automatically expires.
(g)
Renewal for expired certificate of authorization - A medical or podiatry corporation whose
certificate of authorization has expired may reapply for a certificate of authorization by submitting
a new application and application fee in conformity with subsection (b) or (c) of this section.
(h)
Ceasing operation -- In-state medical or podiatry corporation. - A medical or podiatry
corporation formed in this state and holding a certificate of authorization shall cease to engage in the
practice of medicine, surgery or podiatry when notified by the board that:
(1) One of its shareholders is no longer a duly licensed physician or podiatrist in this state; or
(2) The shares of the medical or podiatry corporation have been sold or transferred to a person
who is not a licensed physician or podiatrist in this state. The personal representative of a deceased
shareholder shall have a period, not to exceed twelve months from the date of the shareholders death,
to transfer the shares. Nothing herein affects the existence of the medical or podiatry corporation or
its right to continue to operate for all lawful purposes other than the practice of medicine and surgery
or the practice of podiatry.
(I)
Ceasing operation -- Out-of-state medical or podiatry corporation. - A medical or podiatry
corporation formed outside of this state and holding a certificate of authorization shall immediately
cease to engage in the practice of medicine, surgery or podiatry in this state if:
(1) The corporate shareholders no longer include at least one shareholder who is licensed to
practice as a physician or podiatrist in this state;
(2) The corporation is notified that one of its shareholders is no longer a licensed physician
or podiatrist; or
(3) The shares of the medical or podiatry corporation have been sold or transferred to a person
who is not a licensed physician or podiatrist. The personal representative of a deceased shareholder
shall have a period, not to exceed twelve months from the date of the shareholders death, to transfer
the shares. In order to maintain its certificate of authorization to practice medicine, surgery or podiatry during the twelve month period, the medical or podiatry corporation shall, at all times, have
at least one shareholder who is a licensed physician or podiatrist in this state. Nothing herein affects
the existence of the medical or podiatry corporation or its right to continue to operate for all lawful
purposes other than the practice of medicine, surgery or podiatry.
(j)
Notice to Secretary of State - Within thirty days of the expiration, revocation or suspension
of a certificate of authorization by the board, the board shall submit written notice to the Secretary
of State.
(k)
Unlawful acts. - It is unlawful for any corporation to practice or offer to practice medicine
and surgery or podiatry after its certificate of authorization has expired or been revoked, or if
suspended, during the term of the suspension.
(l)
Application of section - Nothing in this section is meant or intended to change in any way
the rights, duties, privileges, responsibilities and liabilities incident to the physician-patient or
podiatrist-patient relationship, nor is it meant or intended to change in any way the personal character
of the physician-patient or podiatrist-patient relationship.
(m)
Court evidence - A certificate of authorization issued by the board to a corporation to
practice medicine and surgery or podiatry in this state that has not expired, been revoked or suspended
is admissible in evidence in all courts of this state and is prima facie evidence of the facts stated
therein.
(n)
Penalties - Any officer, shareholder or employee of a medical or podiatry corporation who
violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more
than $1,000 per violation."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4278 - "A Bill to amend and reenact §30-3-15 of the Code of West
Virginia, 1931, as amended, relating to medical and podiatry corporations; declaring certain unlawful
acts; clarifying the certificate of authorization requirements for in-state and out-of-state medical and podiatry corporations; setting forth the shareholder requirements; setting notice certain requirements
to the Secretary of State; clarifying renewal requirements for certificate of authorization; clarifying
conditions under which the medical and podiatry corporations can practice; stating requirements for
ceasing operation; ensuring the physician-patient and podiatrist-patient relationships are not changed;
declaring certain evidence as admissible and prima facie evidence of the facts contained; creating a
misdemeanor offense; and providing criminal penalties."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 358), 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: Longstreth, J. Nelson and Raines.
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. 4278) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4298, Changing the experience requirements of the composition of the
members of the West Virginia Ethics Commission.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES;
DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES;
CODE OF CONDUCT FOR ADMINISTRATIVE LAW JUDGES.
§6B-2-1. West Virginia Ethics Commission created; members; appointment, term of office and
oath; compensation and reimbursement for expenses; meetings and quorum.
(a)
There is hereby created the The West Virginia Ethics Commission
is continued.
consisting
of twelve members, no more than seven of whom shall be members of the same political party. The
members of the commission shall be appointed by the Governor with the advice and consent of the
Senate.
Within thirty days of the effective date of this section, the Governor shall make the initial
appointments to the commission.
(b) No person may be appointed to the commission or continue to serve as a member of the
commission who:
(1) Holds elected or appointed office under the government of the United States, the State of
West Virginia or any of its political subdivisions;
or who
(2) Is a candidate for any
of those offices political office; who is employed as a registered
lobbyist, or who
(3) Is otherwise subject to the provisions of this chapter other than by reason of his or her
appointment to or service on the commission;
or A member may contribute to a political campaign,
but no member shall hold
(4) Holds any political party office or
participate participates in a campaign relating to a
referendum or other ballot issue:
Provided, That a member may contribute to a political campaign.
(b) At least two members of the commission shall have served as a member of the West
Virginia Legislature; at least two members of the commission shall have been employed in a full-time
elected or appointed office in state government; at least one member shall have served as an elected
official in a county or municipal government or on a county school board; at least one member shall
have been employed full-time as a county or municipal officer or employee; and at least two members
shall have served part time as a member or director of a state, county or municipal board, commission or public service district and at least four members shall be selected from the public at large. No more
than four members of the commission shall reside in the same congressional district.
(c) Of the initial appointments made to the commission, two shall be for a term ending one
year after the effective date of this section, two for a term ending two years after the effective date of
this section, two for a term ending three years after the effective date of this section, three for a term
ending four years after the effective date of this section and three shall be for terms ending five years
after the effective date of this section. Thereafter, terms of office shall be for five years, each term
ending on the same day of the same month of the year as did the term which it succeeds. Each
member shall hold office from the date of his or her appointment until the end of the term for which
he or she was appointed or until his or her successor qualifies for office. When a vacancy occurs as
a result of death, resignation or removal in the membership of this commission, it shall be filled by
appointment within thirty days of the vacancy for the unexpired portion of the term in the same
manner as original appointments.
(c) Commencing July 1, 2014, the Ethics Commission shall consist of the following seven
members, appointed with staggered terms:
_____(1) One member who served as a member of the West Virginia Legislature;
_____(2) One member who served as an elected or appointed county official;
_____(3) One member who served as an elected or appointed municipal official;
_____(4) One member who served as an elected county school board member;
_____(5) One member who was employed as a registered lobbyist;
_____(6) One member representing the agricultural community; and
_____(7) One citizen member.__
_____(d) Any commission member in office on June 30, 2014, who meets one of the categories for
membership set out in subsection (c) of this section, may be reappointed. No more than four
members of the commission shall be of the same political party.
_____(e) After the initial staggered terms, the term of office for a commission member is five years. No member shall serve more than two consecutive full or partial terms.
and No person may
be reappointed to the commission until at least two years have elapsed after the completion of
a the
second
successive consecutive term.
A member may continue to serve until a successor has been
appointed and qualified.
_____(f) All appointments shall be made by the Governor in a timely manner so as not to create a
vacancy for longer than sixty days.
_____(g) Each member must be a resident of this state during the appointment term.
_____(h) Four members of the commission constitutes a quorum.
(d) (I) Each member of the commission shall take and subscribe to the oath or affirmation
required pursuant to section five, article IV of the Constitution of West Virginia.
(j) A member may be removed by the Governor for substantial neglect of duty, gross
misconduct in office or
a violation of this chapter, after written notice and opportunity for reply.
(e) (k) The commission,
as appointed on July 1, 2014, shall meet
within thirty days of the
initial appointments to the commission before August 1, 2014, at a time and place to be determined
by the Governor, who shall designate a member to preside at that meeting until a
chairman
chairperson is elected. At
its the first meeting, the commission shall elect a
chairman chairperson and
any other officers as are necessary. The commission shall within ninety days after
its the first meeting
adopt rules for its procedures.
The commission may use the rules in place on July 1, 2014, until those
rules are amended or revoked.
_____(f) Seven members of the commission shall constitute a quorum, except that when the
commission is sitting as a hearing board pursuant to section four of this article, then five members
shall constitute a quorum. Except as may be otherwise provided in this article, a majority of the total
membership shall be necessary to act at all times.
(g) (l) Members of the commission shall receive the same compensation and expense
reimbursement as is paid to members of the Legislature for their interim duties as recommended by
the Citizens Legislative Compensation Commission and authorized by law for each day or portion thereof engaged in the discharge of official duties
: Provided, That to be eligible for compensation
and expense reimbursement, the member must participate in a meeting or adjudicatory session:
Provided, however, That the member is not eligible for expense reimbursement if he or she does not
attend a meeting or adjudicatory session in person.
(h) (m) The commission shall appoint an executive director to assist the commission in
carrying out its functions in accordance with commission rules and with applicable law. The
executive director shall be paid a salary fixed by the commission or as otherwise provided by law.
The commission shall appoint and discharge counsel and employees and shall fix the compensation
of employees and prescribe their duties. Counsel to the commission shall advise the commission on
all legal matters and on the instruction of the commission may commence appropriate civil actions:
Provided, That no counsel shall both advise the commission and act in a representative capacity in
any proceeding.
(I) (n) The commission may delegate authority to the
chairman chairperson or
the executive
director to act in the name of the commission between meetings of the commission, except that the
commission shall not delegate the power to hold hearings and determine violations to the
chairman
chairperson or
the executive director.
(j) (o) The principal office of the commission shall be in the seat of government, but it or its
designated subcommittees may meet and exercise its power at any other place in the state. Meetings
of the commission shall be public unless:
(1) They are required to be private by the provisions of this chapter relating to confidentiality;
or
(2) They involve discussions of commission personnel, planned or ongoing litigation, and
planned or ongoing investigations.
(k) (p) Meetings of the commission shall be upon the call of the
chair chairperson and may
be conducted by telephonic or other electronic conferencing
means:
Provided, That telephone or
other electronic conferencing, and voting are not permitted when the commission is acting as a hearing board under
section four of this article, or when the Probable Cause Review Board meets to
receive an oral response as authorized
under subsection (d), section four of this article. Members
shall be given notice of meetings held by telephone or other electronic conferencing in the same
manner as meetings at which the members are required to attend in person. Telephone or other
electronic conferences shall be electronically recorded and the recordings shall be retained by the
commission in accordance with its record retention policy."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4298 - "A Bill to amend and reenact §6B-2-1 of the Code of West
Virginia, 1931, as amended, relating to the West Virginia Ethics Commission; continuing the Ethics
Commission; changing the requirements of who can be a member of the Ethics Commission; reducing
the number of members on the Commission to seven; and changing the composition of the
membership."
On motion of Delegate White, the House of Delegates refused to concur in the Senate
amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Frich noted to the Clerk that she be recorded in the Journal as voting "Nay" on the
motion to concur with the Senate amendments to H. B. 4298, Changing the experience requirements
of the composition of the members of the West Virginia Ethics Commission.
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. 4312, Creating a certification for emergency medical
technician-industrial.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That the Code of West Virginia, 1931, be amended by adding thereto a new section,
designated §16-4C-6c; and that §22A-10-1 of said code be amended and reenacted, all to read as
follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.
§16-4C-6c. Certification requirements for emergency medical technician-industrial.
(a) Commencing July 1, 2014, an applicant for certification as an emergency medical
technician-industrial shall:
(1) Be at least eighteen years old;
(2) Apply on a form prescribed by the Commissioner;
(3) Pay the application fee;
(4) Possess a valid cardiopulmonary resuscitation (CPR) certification;
(5) Successfully complete an emergency medical technician-industrial education program
authorized by the Commissioner in consultation with the Board of Miner Training, Education and
Certification; and
(6) Successfully complete emergency medical technician-industrial cognitive and skills
examinations authorized by the Commissioner in consultation with the Board of Miner Training,
Education and Certification.
(b) The emergency medical technician-industrial certification is valid for three years.
(c) A certified emergency medical technician-industrial is only authorized to practice during
his or her regular employment on industrial property. For the purposes of this section, industrial
property means property being used for production, extraction or manufacturing activities.
(d) To be recertified as an emergency medical technician-industrial, a certificate holder shall:
(1) Apply on a form prescribed by the commissioner;
(2) Pay the application fee;
(3) Possess a valid cardiopulmonary resuscitation (CPR) certification;
(4) Successfully complete one of the following:
(A) A one-time thirty-two hour emergency medical technician-industrial recertification course
authorized by the commissioner in consultation with the Board of Miner Training, Education and
Certification; or
(B) Three annual eight-hour retraining and testing programs authorized by the commissioner
in consultation with the Board of Miner Training, Education and Certification; and
(5) Successfully complete emergency medical technician-industrial cognitive and skills
recertification examinations authorized by the commissioner in consultation with the Board of Miner
Training, Education and Certification.
(e) Commencing July 1, 2014, the certification for emergency medical technician-miner, also
known as emergency medical technician-mining, shall be known as the certification for emergency
medical technician-industrial, and the certification is valid until the original expiration date, at which
time the person may recertify as an emergency medical technician-industrial pursuant to this section.
(f) The education program, training, courses, and cognitive and skills examinations required
for certification and recertification as an emergency medical technician-miner, also known as
emergency medical technician-mining, in existence on January 1, 2014, shall remain in effect for the
certification and recertification of emergency medical technician-industrial until they are changed by
legislative rule by the commissioner in consultation with the Board of Miner Training, Education and
Certification.
(g) The administration of the emergency medical technician-industrial certification and
recertification program by the commissioner shall be done in consultation with the Board of Miner
Training, Education and Certification.
(h) The commissioner shall propose rules for legislative approval, pursuant to the provisions of article three, chapter twenty-nine-a of this code, in consultation with the Board of Miner Training,
Education and Certification, and may propose emergency rules, to:
(1) Establish emergency medical technician-industrial certification and recertification courses
and examinations;
(2) Authorize providers to administer the certification and recertification courses and
examinations, including mine training personnel, independent trainers, community and technical
colleges, and Regional Educational Service Agencies (RESA):
Provided, That the mine training
personnel and independent trainers must have a valid cardiopulmonary resuscitation (CPR)
certification and must be an approved MSHA or OSHA certified instructor;
(3) Establish a fee schedule:
Provided, That the application fee may not exceed ten dollars and
there shall be no fee for a certificate; and
(4) Implement the provisions of this section.
CHAPTER 22A. MINERS HEALTH, SAFETY AND TRAINING.
ARTICLE 10. EMERGENCY MEDICAL PERSONNEL.
§22A-10-1. Emergency personnel in coal mines.
(a) Emergency medical services personnel must be employed on each shift at every mine that:
(1) Employs more than ten employees; and
(2) Has more than eight persons present on the shift.
(b) The emergency medical services personnel must be employed at their regular duties at a
central location or, when more than one person is required pursuant to the provisions of subsection
(b) (d) of this section, at a location which provides for convenient, quick response to
an emergency.
The emergency medical services personnel must have available to them at all times such equipment
prescribed by the Director of the Office of Miners Health, Safety and Training, in consultation with
the Commissioner of the Bureau
of for Public Health.
(b) After July 1, 2000, (c) Emergency medical services personnel means any person certified
by the Commissioner of the Bureau
of for Public Health, or authorities recognized and approved by the commissioner, to provide emergency medical services as authorized in article four-c, chapter
sixteen of this code,
and including emergency medical technician-
mining -
industrial.
(d) At least one emergency medical services personnel shall be employed at a mine for every
fifty employees or any part thereof who are engaged at any time, in the extraction, production or
preparation of coal.
(c) A training course designed specifically for certification of emergency medical technician-
mining, shall be developed at the earliest practicable time by the commissioner of the bureau of public
health in consultation with the board of miner training, education and certification. The training
course for initial certification as an emergency medical technician-mining shall not be less than sixty
hours, which shall include, but is not limited to, basic life support skills and emergency room
observation or other equivalent practical exposure to emergencies as prescribed by the commissioner
of the bureau of public health.
(d) The maintenance of a valid emergency medical technician-mining certificate may be
accomplished without taking a three-year recertification examination: Provided, That the emergency
medical technician-mining personnel completes an eight-hour annual retraining and testing program
prescribed by the commissioner of the bureau of public health in consultation with the board of miner
training, education and certification.
(e) Commencing July 1, 2014, the certification for emergency medical technician-miner, also
known as emergency medical technician-mining, shall be known as the certification for emergency
medical technician-industrial, and the certification is valid until the original expiration date, at which
time the person may recertify as an emergency medical technician-industrial pursuant to section six-c,
article four-c, chapter sixteen of this code.
_____(f) A person wanting to be certified or recertified as an emergency medical technician-
industrial must comply with the provisions of section six-c, article four-c, chapter sixteen of this
code."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4312 - "A Bill to amend the Code of West Virginia, 1931, by adding
thereto a new section, designated §16-4C-6c; and to amend and reenact §22A-10-1 of said code, all
relating to creating a certification for emergency medical technician-industrial; establishing the
certification and recertification requirements; specifying the term of the certification; restricting the
practice of emergency medical technician-industrial; clarifying that emergency medical technician-
industrial certification replaces emergency medical technician-miner certification; allowing the
emergency medical technician-miner certification courses and examinations to be used for emergency
medical technician-industrial certification; and authorizing rulemaking authority for Commissioner
of Bureau for Public Health in consultation with the Board of Miner Training, Education and
Certification."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 359), 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: Longstreth, J. Nelson and Raines.
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. 4312) 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 amendment, to take
effect from passage, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4318, Continuing education of veterans mental health.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF
EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.
§30-1-7a. Continuing education.
(a) Each board referred to in this chapter shall establish continuing education requirements
as a prerequisite to license renewal. Each board shall develop continuing education criteria
appropriate to its discipline, which shall include, but not be limited to, course content, course
approval, hours required and reporting periods.
(b) Notwithstanding any other provision of this code or the provision of any rule to the
contrary, each person issued a license to practice medicine and surgery or a license to practice
podiatry or licensed as a physician assistant by the West Virginia Board of Medicine, each person
issued a license to practice dentistry by the West Virginia Board of Dental Examiners, each person
issued a license to practice optometry by the West Virginia Board of Optometry, each person licensed
as a pharmacist by the West Virginia Board of Pharmacy, each person licensed to practice registered
professional nursing or licensed as an advanced nurse practitioner by the West Virginia Board of
Examiners for Registered Professional Nurses, each person licensed as a licensed practical nurse by
the West Virginia State Board of Examiners for Licensed Practical Nurses and each person licensed
to practice medicine and surgery as an osteopathic physician and surgeon or licensed or certified as
an osteopathic physician assistant by the West Virginia Board of Osteopathy shall complete drug
diversion training and best practice prescribing of controlled substances training, as the trainings are
established by his or her respective licensing board, if that person prescribes, administers, or
dispenses a controlled substance, as that term is defined in section one hundred one, article one,
chapter sixty-a of this code.
(1) Notwithstanding any other provision of this code or the provision of any rule to the
contrary, the West Virginia Board of Medicine, the West Virginia Board of Dental Examiners, the West Virginia Board of Optometry, the West Virginia Board of Pharmacy, the West Virginia Board
of Examiners for Registered Professional Nurses, the West Virginia State Board of Examiners for
Licensed Practical Nurses and the West Virginia Board of Osteopathy shall establish continuing
education requirements and criteria appropriate to their respective discipline on the subject of drug
diversion training and best practice prescribing of controlled substances training for each person
issued a license or certificate by their respective board who prescribes, administers or dispenses a
controlled substance, as that term is defined in section one hundred one, article one, chapter sixty-a
of this code, and shall develop a certification form pursuant to subdivision (b)(2) of this section.
(2) Each person who receives his or her initial license or certificate from any of the boards set
forth in subsection (b) shall complete the continuing education requirements set forth in subsection
(b) within one year of receiving his or her initial license from that board and each person licensed or
certified by any of the boards set forth in subsection (b) who has held his or her license or certificate
for longer than one year shall complete the continuing education requirements set forth in subsection
(b) as a prerequisite to each license renewal:
Provided, That a person subject to subsection (b) may
waive the continuing education requirements for license renewal set forth in subsection (b) if he or
she completes and submits to his or her licensing board a certification form developed by his or her
licensing board attesting that he or she has not prescribed, administered, or dispensed a controlled
substance, as that term is defined in section one hundred one, article one, chapter sixty-a of this code,
during the entire applicable reporting period.
(c) Notwithstanding any other provision of this code or the provision of any rule to the
contrary, each person licensed to practice registered professional nursing or licensed as an advanced
nurse practitioner by the West Virginia Board of Examiners for Registered Professional Nurses, each
person licensed as a licensed practical nurse by the West Virginia State Board of Examiners for
Licensed Practical Nurses, each person issued a license to practice midwifery as a nurse-midwife by
the West Virginia Board of Examiners for Registered Professional Nurses, each person issued a
license to practice chiropractic by the West Virginia Board of Chiropractic, each person licensed to practice psychology by the Board of Examiners of Psychologists, each person licensed to practice
social work by the West Virginia Board of Social Work, and each person licensed to practice
professional counseling by the West Virginia Board of Examiners in Counseling, shall complete two
hours of continuing education for each reporting period on mental health conditions common to
veterans and family members of veterans, as the continuing education is established or approved by
his or her respective licensing board. The two hours shall be part of the total hours of continuing
education required by each board and not two additional hours.
_____(1) Notwithstanding any other provision of this code or the provision of any rule to the
contrary, on or before July 1, 2015, the boards referred to in this subsection shall establish continuing
education requirements and criteria and approve continuing education coursework appropriate to their
respective discipline on the subject of mental health conditions common to veterans and family
members of veterans, in cooperation with the Secretary of the Department of Veterans Assistance.
The continuing education shall include training on inquiring about whether the patients are veterans
or family members of veterans, and screening for conditions such as post-traumatic stress disorder,
risk of suicide, depression and grief, and prevention of suicide.
_____(2) On or after July 1, 2017, each person licensed by any of the boards set forth in this
subsection shall complete the continuing education described herein as a prerequisite to his or her
next license renewal."
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4318 - "A Bill to amend and reenact §30-1-7a of the Code of West
Virginia, 1931, as amended, relating to continuing education relevant to mental health issues of
veterans and their families; providing certain boards adopt continuing education courses relevant to
mental health issues of veterans and their families as part of their continuing education requirements
for licensure or renewal; requiring a minimum of two hours of continuing education relevant to
mental health issues of veterans and their families for licensure renewal for certain professions;
providing for topics to be included in the continuing education requirements; and providing when the requirements are to be completed."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 360), 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: Longstreth, J. Nelson and Raines.
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. 4318) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 361), 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: Cowles, Longstreth, J. Nelson and Raines.
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. 4318) 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, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 4332, Extending the time that certain nonprofit community groups are exempt from the
moratorium on creating new nursing home beds.
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. 4373, Relating to driver education programs.
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. 4410, Redefining auctioneer exceptions.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §19-2C-1, §19-2C-3, §19-2C-5, §19-2C-5a, §19-2C-6, §19-2C-6b, §19-2C-8 and
§19-2C-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said
code be amended by adding thereto three new sections, designated §19-2C-3a, §19-2C-3b and
§19-2C-9a, all to read as follows:
ARTICLE 2C. AUCTIONEERS.
§19-2C-1. Definitions.
For the purposes of this article:
(a)
The term Auctioneer means
and includes a person who sells goods or real estate at public
auction for another on commission or for other compensation. The term auctioneer does not include:
(1) Persons conducting sales at auctions conducted by or under the direction of any public
authority or pursuant to any judicial order or direction or to any sale required by law to be at auction;
(2) The owner of any real or personal property when personally sold at auction by
such the
owner and
such the owner has not personally conducted an auction within the previous twelve-month
period;
(3) Persons conducting sales pursuant to a deed of trust;
or other security agreement;
(4) Fiduciaries of estates when selling real or personal property of
such the estate;
(5) Persons conducting sales on behalf of charitable, religious, fraternal or other nonprofit
organizations; and
(6) Persons properly licensed pursuant to the provisions of article
twelve forty, chapter
forty-seven thirty of this code when conducting an auction, any portion of which contains any
leasehold or any estate in land whether corporeal or incorporeal, freehold or nonfreehold, when
such
the person is retained to conduct an auction by a receiver or trustee in bankruptcy, a fiduciary acting
under the authority of a deed of trust or will, or a fiduciary of a decedents estate:
Provided, That
nothing contained in this article exempts persons conducting sales at public markets from the
provisions of article two-a of this chapter, where the sale is confined solely to livestock, poultry and
other agriculture and horticulture products.
(b) The term public auction means any public sale of real or personal property when offers or
bids are made by prospective purchasers and the property sold to the highest bidder.
(c) The term (b) Commissioner means the Commissioner of Agriculture of West Virginia.
(d) The term (c) Department means the West Virginia Department of Agriculture.
(d) Escrow account means a separate custodial or trust fund account maintained by the
auctioneer.____
_____(e) Public auction means any public sale of real or personal property when offers or bids are
made by prospective purchasers and the property sold to the highest bidder.
§19-2C-3. Procedure for license; Department of Agriculture as
statutory agent for licensees.
Any person who wishes to conduct an auction as
(a) An applicant for an auctioneer
may apply for a license
shall:
(1) Apply on forms prescribed by the commissioner;
and containing such information as the
commissioner may require by a legislative rule promulgated in accordance with article three, chapter
twenty-nine-a of this code.
(2) Pay a nonreturnable application fee
of $50 shall accompany each application as well as
and a license fee;
and of $50. All fees collected under this article shall be paid into a special revenue
fund in the State Treasury to be used by the Department of Agriculture for the expressed purpose of
administering and enforcing this article and for providing continuing education for auctioneers: Provided, That for the fiscal year ending June 30, 1997, fees collected under this article shall be paid
into the state fund, general revenue.
In addition to the payment of fees, an applicant shall
(3) File
with his or her application a bond as required
in section four of by this article.
(b) The commissioner shall, within thirty days after the receipt of an application, notify the
applicant of his or her eligibility to be examined at the next regularly scheduled examination, as well
as the date of the examination.
In the event (c) If the license is denied, the commissioner shall refund the license fee
submitted with the application to the applicant.
(d) All licenses
issued expire on December 31 of each year.
but are renewable A license may
be renewed upon the payment of the annual
license renewal fee within sixty days of the expiration
date. Renewals received more than sixty days after the expiration date are subject to a late renewal
fee
of $25 in addition to the annual renewal fee.
The commissioner shall may not renew licenses
which have
(e) A license that has been expired for more than two years
and cannot be renewed until the
auctioneer or apprentice auctioneer
shall take takes the written and oral examination,
and pay pays
the examination fee
in order to renew his or her license. The commissioner shall may not renew a
license unless the applicant and complies with the other requirements of this article.
(f) Where an auctioneer or apprentice auctioneer requires a duplicate or replacement license
or a license reflecting a change in information, the auctioneer or apprentice auctioneer shall submit
a the fee
of $5 with the request.
(g) The state Department of Agriculture is the agent for the purpose of service of process on
any a licensed auctioneer for any action occasioned by the performance of the duties of the auctioneer.
Every licensed auctioneer, by virtue of his or her application for a license, shall be considered to have
consented to the statutory agency.
§19-2C-3a. Rulemaking.
(a) The commissioner shall propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code, to:
(1) Establish the license requirements for auctioneers and apprentice auctioneers, including
the bond requirements;
(2) Set a fee schedule;
(3) Establish the renewal and expiration requirements for licenses;
(4) Establish the continuing education requirements for licensees;
(5) Establish waiver of examination requirements for apprentice auctioneers;
(6) Permit consent agreements or negotiated settlements for the civil penalties; and
(7) Implement the provisions of this article.
(b) The fees in effect on January 1, 2014, shall remain in effect until modified by legislative
rule.
§19-2C-3b. Special revenue fund.
All fees collected under this article shall be paid into a special revenue fund in the State
Treasury to be used by the Department of Agriculture for the purpose of administering and enforcing
this article, and providing continuing education for auctioneers.
§19-2C-5. Requirements for auctioneer license; duties of licensee.
(1) Each (a) A person seeking
a an auctioneer license
hereunder after the effective date of this
section shall submit satisfactory evidence to the commissioner showing
that he or she:
(a) That he or she (1) Has successfully completed the written and oral examinations
provided
for in required by this article;
(b) That He or she (2) Has a good reputation;
(c) That He or she
(3) Is of trustworthy character;
(d) That He or she (4) Has met the apprenticeship requirements set forth in this article, if
applicable;
(e) That He or she (5) Is a citizen of the United States; and
(f) That he or she (6) Has a general knowledge of the auctioneering profession and the
principles involved in conducting an auction.
(2) The commissioner shall promulgate propose such reasonable rules and regulations as he
or she considers necessary to carry out the intent and the administration and enforcement of this
article, which said rules and regulations shall be promulgated proposed for legislative approval in
accordance with the applicable provisions of chapter twenty-nine-a of this code.
(3) Each (b) A licensee shall:
(1) Promptly produce for inspection
such his or her license at all sales conducted by or
participated in by
such the licensee when requested to do so by any person; and
shall
(2) Keep complete and accurate records of all transactions engaged in for a period of
six
months, which three years.
_____(c) For the purposes of this section, the term record includes, but is not limited to:
_____(1) Copies of signed contracts, including the names of buyers and their addresses;
_____(2) Clerk sheets showing items sold, including buyers numbers or names, and the selling
prices; and
_____(3) Final settlement papers.
_____(d) The records of the auctioneer shall be open to inspection by the commissioner or his or
her authorized representative.
§19-2C-5a. Examinations of applicants; excuse for illness.
(a) Examinations shall be held in April and October of each year, at a time and place to be
designated by the commissioner or his
or her authorized representative.
Any (b) An individual auctioneer applicant may take the examination for auctioneer or
apprentice auctioneer at the regularly scheduled time and place.
(c) The apprentice auctioneers examination shall consist of a written examination.
(d) The auctioneers examination
will shall consist of both a written and oral examination. The
passing grade for any written
or oral examination shall be seventy percent out of one hundred percent. The oral portion will be scored by the commissioner or his
or her authorized representative.
(e) If the applicant fails either the written or oral portion of the examination, no license will
be issued and he or she
shall may not be administered the examination again until the next regularly
scheduled examination date.
(f) A person who
is qualified for a auctioneers has an auctioneer license
as provided for in this
article is considered to be a professional in his
or her trade.
(g) Only one notice
only of the examination
shall will be mailed
or emailed to the applicant
at the address given on the application. If the applicant fails to appear for
such an examination,
except as provided
herein in this subsection, a new application and a new fee shall be required. No
fee
shall will be returned, except when the applicant fails to take the examination because of illness
evidenced by a doctors certificate sent to the commissioner. If excused because of illness, the
applicant shall be admitted to the next scheduled examination without paying an additional fee. No
applicant
shall may be excused from taking the scheduled examination for any reason other than
illness, unless in the judgment of the commissioner the applicant would suffer undue hardship by not
being excused.
(h) An examination fee
of $50, in addition to and any other fees required by this article, shall
be collected from each person taking
such an examination. If the applicant has previously paid the
examination fee and successfully completed the apprentice auctioneers examination, no additional
examination fee will be required to take the auctioneers examination.
as provided for in this article
(I) If the commissioner determines that an applicant does not qualify for a license, he or she
shall
so notify the applicant by certified mail. The notice shall state:
(1) The reason for
the refusal to grant a license; and
(2) The applicants right to appeal the commissioners decision within twenty days of receipt
of the notice.
(j) An examination
shall is not
be required for the renewal of
any a license, unless
such the
license has been revoked or suspended,
or has expired.
in which case the applicant may be required, by If the license was revoked or suspended, then the commissioner
may require a person to take and
pass
any a written or oral examination.
required by the department In cases where If a license has
been expired for more than two years and
was not
been revoked or suspended,
then the applicant is
required to take and pass any written and oral examinations required by the
department commissioner.
The commissioner is hereby authorized to promulgate as he or she considers necessary for the renewal
of auctioneer licenses, including, but not limited to, requirements for continuing education of
auctioneers.
§19-2C-6. Requirements for apprentice auctioneer license.
The Department of Agriculture may grant apprentice auctioneers licenses to those persons
considered qualified by the commissioner. Every applicant for
(a) A person seeking an apprentice
auctioneers auctioneer license
must take and pass a written
examination relating to the skills and knowledge and statutes and regulations governing auctioneers.
Every applicant shall furnish to the commissioner, on forms provided by the
department
commissioner, satisfactory proof
of the following that he or she:
_____(a) That he or she (1) Has a good reputation;
(b) That he or she (2) Is a trustworthy character;
and
(c) That he or she (3) Is a citizen of the United States;
and
_____(4) Has taken and passed a written examination relating to the skills and knowledge of the
statutes and rules governing auctioneers.
Any (b) An apprentice auctioneer may take the examination to become an auctioneer after
completing one of the following:
(1) Serving a two-year apprenticeship under a licensed auctioneer;
or Provided, That if the
apprentice auctioneer has attended
(2) Attending a nationally accredited graduate school of auctioneering, approved by the
commissioner,
he or she shall serve and serving an apprenticeship of
only six months.
(c) Before an apprentice auctioneer may take the auctioneers examination, the apprentice auctioneer shall conduct at least six auction sales under the direct supervision of the sponsoring
auctioneer. The commissioner may waive the requirements of this section, on an individual basis,
upon the presentation of written evidence that the applicant has educational training or exceptional
experience in the auctioneering profession and that the applicant has been unable to obtain
sponsorship by a licensed auctioneer:
Provided, however, That the commissioner shall promulgate
rules and regulations setting forth educational and experience qualifications which would entitle an
individual to a waiver of the provisions of this section: Provided further, That the commissioner
shall
may not waive apprenticeship requirements for
any an applicant without the concurrence of the board
of review.
(d) When
any an apprentice auctioneer is discharged or terminates his
or her employment with
an auctioneer for any reason, the auctioneer shall immediately provide written notification to the
commissioner. No discharged or terminated apprentice auctioneer
shall may thereafter perform any
acts under the authority of his
or her license until
such the apprentice auctioneer receives a new
license bearing the name and address of his
or her new employer. No more than one license
shall may
be issued to
any an apprentice auctioneer for the same period of time.
The fee for the transfer of the
license of an apprentice auctioneer to a new employer auctioneer is $15.
The fee for the annual renewal of the apprentice auctioneers license is $50. Bond
requirements for an apprentice auctioneer shall be established by reasonable rules and regulations
promulgated by the commissioner, and both the annual renewal fee and the bond must be filed with
the Department of Agriculture: Provided, That the bond required by this section shall may not be less
than $5,000.
(e) The
department shall commissioner may not issue an apprentice
auctioneers auctioneer
license until bond has been filed.
in accordance with this article All apprentice auctioneer licenses
expire on December 31 of each year, but are renewable upon the payment of the annual fee.
(f) A person cannot be licensed as an apprentice auctioneer for more than three years without
applying for an auctioneer license. Should an apprentice auctioneer allow the three year limit to lapse, then the apprentice auctioneer shall be required to take the apprentice examination and meet all the
requirements of this article.
§19-2C-6b. Duties and responsibilities of an apprentice auctioneer and a sponsoring
auctioneer.
An (a) A licensed apprentice auctioneer shall only conduct or assist in auctions under the
direct supervision of his
or her sponsoring auctioneer. A licensed apprentice auctioneer may not enter
into a contract to conduct an auction, unless the contract is cosigned by his
or her sponsoring
auctioneer.
(b) The sponsoring auctioneer is responsible for:
(1) The actions of an apprentice auctioneer
It is his responsibility to ensure adherence to
this
and all applicable sections of state law;
Provided, That and
_____(2) Training the apprentice auctioneer in all aspects of practical business functions and duties
related to the auctioneering profession.
_____(c) Should an apprentice auctioneer fail to pass both the written and oral examinations to
become a fully licensed auctioneer in two consecutive testing sessions, the sponsorship will be
terminated. The apprentice auctioneer will be permitted one additional opportunity to pass the oral
and written auctioneer examinations only after serving another six month apprenticeship under a
different sponsoring auctioneer.
_____(d) A sponsoring auctioneer relieved of his or her sponsorship will not be considered for
another sponsorship unless he or she provides a written affidavit to the commissioner that he or she
fully understands the responsibilities of a sponsoring auctioneer and gives the details as to what
additional training will be provided to a new apprentice auctioneer. If the commissioner or his or her
representative approves the presented plan, then an auctioneer may be permitted to sponsor a new
apprentice auctioneer.
(e) If
the an apprentice auctioneer conducts
auctions an auction without the consent of his
sponsor or her sponsoring auctioneer,
then only the apprentice auctioneer is subject to the penalties
set forth in
section eight of this article.
§19-2C-8. Penalties.
(a)
Criminal penalties. -- Any person, firm, association or corporation violating
any of the
provisions a provision of this article or
of the rules,
and regulations adopted pursuant to the provisions
thereof shall be is guilty of a misdemeanor, and upon conviction,
thereof shall be fined not less than
$50 $250 nor more than
$200 $500 for the first offense, and not less than
$400 $500 nor more than
$1,000 for the second and subsequent offenses. Magistrates have concurrent jurisdiction with circuit
courts to enforce the provisions of this article.
(b)
Civil penalties. -- (1) Any person violating a provision of this article or
any rule or
regulation adopted hereunder the rules, may be assessed a civil penalty by the commissioner. In
determining the amount of
any the civil penalty, the commissioner shall give due consideration to the
history of previous violations
of by the person, the seriousness of the violation, and the demonstrated
good faith of the person charged in attempting to achieve compliance with this article before and after
written notification of the violation.
(2) The commissioner may assess a penalty of not more than
$200 for each first offense, and not more than $1,000 for a second and subsequent offense.
and (3)
The civil penalty is payable to the State of West Virginia and is collectible in any manner
now or
hereafter provided for collection of debt. If any person liable to pay the civil penalty neglects or
refuses to pay the
same penalty, the amount of the civil penalty, together with interest at ten percent,
is a lien in favor of the State of West Virginia upon the property, both real and personal, of
such a the
person after the same has been entered and docketed to record in the county where
such the property
is situated. The clerk of the county, upon receipt of the certified copy of
such the lien, shall enter
same it to record without requiring the payment of costs as a condition precedent to recording.
(c) Notwithstanding any other provision of law to the contrary, the commissioner may
promulgate and adopt rules which permit consent agreements or negotiated settlements for the civil
penalties assessed as a result of violation of the provisions of this article.
(d) (c) No state court may allow for the recovery of damages for any administrative action taken if the court finds that there was probable cause for such action.
§19-2C-9. Written contracts.
(a) No person
shall may act as
an auctioneer on the sale at public auction of any goods, wares,
merchandise or of any other property, real or personal, until he or she has entered into a written
contract in duplicate with the owner or consignor of the property to be sold.
containing the terms and
conditions upon which the licensee receives or accepts the property for sale at auction. No apprentice
auctioneer
shall may be authorized to enter into a contract without the written consent of his or her
sponsoring auctioneer. All contracts shall be in the name of and on behalf of the sponsoring
auctioneer.
The commissioner may require by rule the following (a) That written contracts
(b) The written contract shall:
(1) State the terms and conditions upon which the auctioneer receives or accepts the property
for sale at auction;
(2) Be between the auctioneer and the seller;
(3) Be made in duplicate;
(b) That the original contract is to
(4) Be retained by the auctioneer for a period of
six months three years from the date of final
settlement;
_____(c) That one copy of the contract is to
(5) Be furnished to each person that entered into the contract;
(d) (6) State that an apprentice auctioneer may not contract directly with a client but only
through his or her sponsoring auctioneer;
(e) (7) State that an apprentice auctioneer may not engage in a sale with an auctioneer by
whom he or she is not sponsored without first obtaining the written consent of his or her sponsoring
auctioneer;
and
(f) That on all contracts between an auctioneer and a seller there shall be
(8) Have a prominent statement indicating that the auctioneer is licensed by the Department
of Agriculture and
is bonded in favor of the State of West Virginia;
and
_____(9) Include the following information:
(A) The name, address and phone number of the owner of the property to be sold or the
consignor;
_____(B) The date of the auction or a termination date of the contract;
_____(C) The terms and conditions of the auction;
_____(D) The location of the auction;
_____(E) The date the owner or consignor is to be paid;
_____(F) A statement establishing the responsibility for bad checks, debts and unpaid auction items;
_____(G) A detailed list of all fees to be charged by the auctioneer, including commissions, rentals,
advertising and labor;
_____(H) A statement of the auctioneers policy regarding absentee bidding;
_____(I) A statement above the owners signature line: I have read and accept the terms of the
contract; and
_____(J) A statement indicating that an explanation of settlement of the auction, or settlement sheet,
will be provided to the owner or consignor at the end of the auction.
§19-2C-9a. Escrow accounts.
Each auctioneer shall maintain an escrow account and deposit all moneys from each sale from
an auction in the escrow account within twenty-four hours of the completion of the sale or on the first
business day following the sale, unless the owner or consignor was paid in cash directly at the end
of the sale."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4410 - "A Bill to amend and reenact §19-2C-1, §19-2C-3, §19-2C-5,
§19-2C-5a, §19-2C-6, §19-2C-6b, §19-2C-8 and §19-2C-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §19-2C-3a,
§19-2C-3b and §19-2C-9a, all relating to auctioneers and apprentice auctioneers; clarifying
definitions; updating license requirements; updating duties of licensees; updating requirements for
license renewals and expired licenses; authorizing rulemaking for the Commissioner of the
Department of Agriculture; allowing fees to be set by legislative rule; clarifying the special fund;
increasing length of record retention; clarifying examination requirements and excuses; clarifying
qualifying test scores; restricting length of apprenticeship; updating duties of sponsoring auctioneer;
increasing criminal penalties; requiring contracts to have certain provisions; and requiring escrow
accounts."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 362), and there were--yeas
92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Faircloth, Hamilton, Kump, Lane and Sobonya.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
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. 4410) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of
the House of Delegates as follows:
H. B. 4431, Clarifying that persons who possess firearms, hunting dogs or other indicia of
hunting do not necessarily need to have a hunting license.
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. 4460, Relating to violating provisions of the civil service law for paid fire departments.
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. 4473, Relating to establishing voting precincts and changing the
composition of standard receiving boards.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-5. Voting precincts and places established; number of voters in precincts; precinct map;
municipal map.
(a) The precinct
shall be is the basic territorial election unit. The county commission shall
divide each magisterial district of the county into election precincts, shall number the precincts, shall
determine and establish the boundaries thereof and shall designate one voting place in each precinct,
which place shall be established as nearly as possible at the point most convenient for the voters of
the precinct. Each magisterial district shall contain at least one voting precinct and each precinct shall
have but one voting place therein.
Each precinct within any urban center shall contain not less than three hundred nor more than
one thousand five hundred registered voters. Each precinct in a rural or less thickly settled area shall
contain not less than two hundred nor more than seven hundred registered voters
, unless upon a
written finding by the county commission that establishment of or retention of a precinct of less than
two hundred voters would prevent undue hardship to the voters, the Secretary of State determines that
such precinct be exempt from the two hundred voter minimum limit.
A county commission may permit the establishment or retention of a precinct less than the minimum numbers allowed in this
subsection upon making a written finding that to do otherwise would cause undue hardship to the
voters. If, at any time the number of registered voters exceeds the maximum number specified, the
county commission shall rearrange the precincts within the political division so that the new precincts
each contain a number of registered voters within the designated limits:
Provided, That any precincts
with polling places that are within a one mile radius of each other on or after July 1, 2014, may be
consolidated, at the discretion of the county clerk and county commission into one or more new
precincts that contain not more than three thousand registered voters in any urban center, nor more
than one thousand five hundred registered voters in a rural or less thickly settled area: Provided,
however, That no precincts may be consolidated pursuant to this section if the consolidation would
create a geographical barrier or path of travel between voters in a precinct and their proposed new
polling place that would create an undue hardship to voters of any current precinct.
If a county commission fails to rearrange the precincts as required, any qualified voter of the
county may apply for a writ of mandamus to compel the performance of this duty:
Provided, That
when in the discretion of the county commission, there is only one place convenient to vote within
the precinct and when there are more than seven hundred registered voters within the existing
precinct, the county commission may designate two or more precincts with the same geographic
boundaries and which have voting places located within the same building. The county commission
shall designate alphabetically the voters who
will be are eligible to vote in each precinct so created.
Each
such precinct shall be operated separately and independently with separate voting booths, ballot
boxes, election commissioners and clerks, and whenever possible, in separate rooms. No two of
such
the precincts may use the same counting board.
(b) In order to facilitate the conduct of local and special elections and the use of election
registration records therein, precinct boundaries shall be established to coincide with the boundaries
of any municipality of the county and with the wards or other geographical districts of the
municipality except in instances where found by the county commission to be wholly impracticable so to do. Governing bodies of all municipalities shall provide accurate and current maps of their
boundaries to the clerk of any county commission of a county in which any portion of the
municipality is located.
(c) To facilitate the federal and state redistricting process, precinct boundaries
must shall be
comprised of intersecting geographic physical features or municipal boundaries recognized by the U.
S. Census Bureau. For purposes of this subsection, geographic physical features include streets,
roads, streams, creeks, rivers, railroad tracks and mountain ridge lines. The county commission of
every county
must shall modify precinct boundaries to follow geographic physical features or
municipal boundaries and submit changes to the
West Virginia office of Legislative Services Joint
Committee on Government and Finance by June 30, 2007, and by June 30, every ten calendar years
thereafter. The county commission
must shall also submit precinct boundary details to the U.S.
Census Bureau upon request.
The West Virginia office of Legislative Services shall be available for consultation with the
county commission regarding the precinct modification process: Provided, That nothing in this
subsection removes or limits the ultimate responsibility of the county commission to modify precinct
boundaries to follow geographic physical features.
(d) The provisions of this section are subject to the provisions of section twenty-eight, article
four of this chapter relating to the number of voters in precincts in which voting machines are used.
(e) (d) The county commission shall keep available at all times during business hours in the
courthouse at a place convenient for public inspection a map or maps of the county and municipalities
with the current boundaries of all precincts.
§3-1-29. Boards of election officials; definitions, composition of boards, determination of
number and type.
(a) For the purpose of this article:
(1) The term standard receiving board means those election officials charged with conducting
the process of voting within a precinct and consists of
no less than five persons,
to be comprised as follows: including one team of poll clerks, one team of election commissioners for the ballot box and
one additional election commissioner: Provided, That if a municipal election is held at a time when
there is no county or state election, the standard receiving board is to consist of four persons,
including one team of poll clerks and one team of election commissioners for the ballot box;
(2) The term expanded receiving board means a standard receiving board as defined in
subdivision (1) of this subsection and one additional team of poll clerks;
(A) Each precinct shall have at least one team of poll clerks, one team of election
commissioners for the ballot box and one additional election commissioner.
_____(B) At the discretion of the county clerk and county commission, any county may add
additional teams of poll clerks and commissioners to any precinct, as necessary to fairly and
efficiently conduct an election;
_____(3) (2) The term counting board means those election officials charged with counting the
ballots at the precinct in counties using paper ballots and includes one team of poll clerks, one team
of election commissioners and one additional commissioner;
(4) (3) The term team of poll clerks or team of election commissioners means two persons
appointed by opposite political parties to perform the specific functions of the office:
Provided, That
no team of poll clerks or team of election commissioners may consist of two persons with the same
registered political party affiliation or two persons registered with no political party affiliation; and
(5) (4) The term election official trainee means an individual who is sixteen or seventeen years
of age who meets the requirements of subdivisions (2), (3), (4), (5) and (6), subsection (a), section
twenty-eight of this article.
(b) The composition of boards of election officials shall be Has follows:
(1) In any primary, general or special election other than a presidential primary or presidential
general election, each election precinct is to have one standard receiving board;
(2) In presidential primary and presidential general elections, each election precinct is to have
one receiving board as follows:
(A) For precincts of less than five hundred registered voters, one standard receiving board;
and
(B) For precincts of more than five hundred registered voters, one standard receiving board
or, at the discretion of the county commission, one expanded receiving board.
(3) In any election conducted using paper ballots, counting boards may be allowed or required
as follows:
(A) For any state, county or municipal special election, a counting board may be allowed at
the discretion of the county commission;
(B) In a statewide primary or general election, one counting board is required for any precinct
of more than four hundred registered voters and one counting board may be allowed, at the discretion
of the county commission, for any precinct of at least two hundred but no more than four hundred
registered voters; and
(C) In a municipal primary or general election, one counting board may be allowed, at the
discretion of the municipal governing body, for any precinct of more than two hundred registered
voters.
(c) (b) For each primary and general election in the county, the county commission shall
designate the number and type of election boards for the various precincts according to the provisions
of this section. At least eighty-four days before each primary and general election the county
commission shall notify the county executive committees of the two major political parties in writing
of the number of nominations which may be made for poll clerks and election commissioners.
(d) (c) For each municipal election
held at a time when there is no county or state election:
(1) The governing body of the municipality shall perform the duties of the county commission
as provided in this section;
and
_____(2) The standard receiving board may, at the discretion of the official charged with the
administration of election, consist of as few as four persons, including one team of poll clerks and one
team of election commissioners for the ballot box."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4473 - "A Bill to amend and reenact §3-1-5 and §3-1-29 of the Code of
West Virginia, 1931, as amended, all relating to establishing voting precincts and changing the
composition of standard receiving boards; authorizing the consolidation of certain precincts in certain
circumstances; increasing the limit on the size of certain voting precincts to three thousand registered
voters in urban areas and one thousand five hundred in rural areas; permitting precincts in urban or
rural areas to have fewer than the minimum numbers of registered voters allowed; removing language
requiring the West Virginia Office of Legislative Services to consult with county commissions
regarding precinct modification; permitting an increase in the size of standard receiving boards;
providing an option to have more poll workers and commissioners; and permitting fewer poll workers
in precincts during a municipal election where there is no simultaneous state or county election."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 363), and there were--yeas
90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Frich, Householder, Howell, Kump, Manypenny, Miller and Sobonya.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
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. 4473) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of
the House of Delegates as follows:
H. B. 4529, Relating to the sale of wine.
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. 4538, Relating to the Board of Dentistry.
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. 4552, Relating to the court of claims.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page fifteen, section twenty-eight, lines ten and eleven, by striking out the words "any
other court of this state" and inserting in lieu thereof the words "are not subject to judicial review".
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 364), 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: Longstreth, J. Nelson and Raines.
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. 4552) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses as to
H. B. 4619, Authorizing innovation school districts.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Wells, Beach and Jenkins.
On motion of Delegate White, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Lawrence, Young and Cooper.
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, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 4621, Expiring funds to the Board of Risk and Insurance Management, Patient Injury
Compensation Fund from the Board of Risk and Insurance Management Medical Liability Fund.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 17, The "Captain Isaac Alt West Virginia Militia Memorial Bridge".
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, in the
Resolved clause, by striking out the words "Captain Isaac Alt West
Virginia Militia" and inserting in lieu thereof "West Virginia Militia Captain Isaac Alt".
On page two, in the first
Further Resolved clause, by striking out the words "Captain Isaac
Alt West Virginia Militia" and inserting in lieu thereof "West Virginia Militia Captain Isaac Alt".
And,
By amending the title of the resolution to read as follows:
Com. Sub. for H. C. R. 17 - "Requesting the Division of Highways to name the bridge locally
known as the North Mill Creek Bridge on Route 220, Pendleton County, bridge number 36-220-32.32
(36A166), as the West Virginia Militia Captain Isaac Alt Memorial Bridge."
On motion of Delegate White, the House concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
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, with amendment, of a
concurrent resolution of the House of Delegates as follows:
Com. Sub. for H. C. R. 28, William S. (Bill) Croaff Memorial Bridge.
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, in the
Resolved clause, before the word "William", by inserting the words "U.
S. Army PFC".
On page two, in the first
Further Resolved clause, before the word "William", by inserting the
words "U. S. Army PFC".
And,
By amending the title of the resolution to read as follows:
Com. Sub. for H. C. R. 28 - "Requesting the Division of Highways to name bridge number
30-49-0.01 (30A056) on Route 49 in Mingo County, the U. S. Army PFC William S. (Bill) Croaff
Memorial Bridge."
On motion of Delegate White, the House concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
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, with amendment, of a
concurrent resolution of the House of Delegates as follows:
Com. Sub. for H. C. R. 34, Marine Private Rudy Varney Bridge - Purple Heart Recipient.
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the title and inserting in lieu thereof the
following:
"Whereas, USMC Private Varney served as a Marine in the Vietnam War, receiving a Purple
Heart for wounds sustained on April 14, 1968, in the Battle of Khe Sahn; and
Whereas, USMC Private Varney returned to America after the Vietnam War and dedicated
his life to serving veterans from Southern West Virginia, establishing and assuming roles of
leadership in numerous programs to include the Commander of the local chapter of the Vietnam
Veterans of America for over twenty years and has served in leadership positions on numerous other
veterans organizations as well; and
Whereas, USMC Private Varney was assigned to the Governors Council for Veterans Issues
across West Virginia; and
Whereas, USMC Private Varney served as a Veterans driver for years transporting countless
veterans to and from appointments at the Veterans Administration Hospitals across the state to ensure
all veteran issues were addressed; and
Whereas, USMC Private Varney is solely responsible for the survival and success of the
Henlawson Veterans Center, working to establish programs and opportunities that have assisted
countless veterans over the past three decades; and
Whereas, USMC Private Varney has served on numerous veteran boards, committees and
panels established by past governors, elected officials and key veteran leaders to address veterans issues such as homelessness and the creation of veteran graveyards across Southern West Virginia;
and
Whereas, USMC Private Varney has worked closely with the Logan Empowerment, Action
and Development Community Organization on events such as Operation Santa and Operation Clean
Sweep and the Homeless Count to assist those in need, set an example for others to follow and made
Logan a better place to live; and
Whereas, It is fitting that an enduring testament be established to recognize this native son
who has so ably served his state and his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 23-10-22.06
(23A040) on Route 10 in Logan County, West Virginia, the 'USMC Private Rudy Varney Bridge';
and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to erect signs at both ends of the bridge containing bold and prominent letters proclaiming the bridge
the 'USMC Private Rudy Varney Bridge'; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Commissioner of the Division of Highways and Rudy Varney."
And,
By amending the title of the resolution to read as follows:
Com. Sub. for H. C. R. 34 - "Requesting that bridge number 23-10-22.06 (23A040) on Route
10 in Logan County, West Virginia, be named the USMC Private Rudy Varney Bridge."
On motion of Delegate White, the House concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
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, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 40, Designating "Take Me Home Country Roads" an official state song.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 49, Army PFC Lilborn Dillon Memorial Road.
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, in the
Resolved clause, before the word "Army", by inserting "U. S.".
On page two, in the first
Further Resolved clause, before the word "Army", by inserting "U.
S.".
And,
By amending the title of the resolution to read as follows:
H. C. R. 49 - "Requesting that the 0.2 mile of roadway beginning at the Crawley Creek exit
off Route 119/27 at Chapmanville in Logan County, West Virginia, and ending at Route 3 be named
the U. S. Army PFC Lilborn Dillon Memorial Road."
On motion of Delegate White, the House concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
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, with amendment, of a
concurrent resolution of the House of Delegates as follows:
Com. Sub. for H. C. R. 52, Kenneth A. Chapman Sr. Memorial Bridge.
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the title and inserting in lieu thereof the
following:
"Whereas, Kenneth A. Chapman was born September 17, 1956, a son of the late Clarence
and Pearl Chapman; and
Whereas, Kenneth A. Chapman was raised on Maple Fork Road in Raleigh County along
with his ten brothers and two sisters; and
Whereas, Kenneth A. Chapman was a third generation coal miner who followed his father
and grandfather into the mines; and
Whereas, Kenneth A. Chapman was tragically killed on April 5, 2010, along with 28 other
miners in the Upper Big Branch mine explosion; and
Whereas, Kenneth A. Chapman was a devoted family man who always had a smile on his
face, and who enjoyed hunting, fishing and working in his garden; and
Whereas, Kenneth A. Chapman was preceded in death by three brothers, Billy, Robert, and
Clarence Chapman, and two sisters-in-law, Carol Chapman and Joyce Chapman; and those left to
cherish his loving memory include his wife, Laura Chapman; children by his first marriage, Donna
Griffith and husband, Matthew, Vicky Williams and husband, Richard, Kenny Chapman, Jr. and wife,
Deniese; a son by his second marriage, Michael Austin Chapman; his other children, Jason
McMillion, Carol Massey, and Jubal McMillion and wife, Sarah; brothers and sisters, Charles
Chapman and wife, Grace, Glen Chapman and wife, Judy, Dennis Chapman and wife, Gaye, Henry
Chapman and wife, Theresia, Larry Chapman and wife, Betty, Linda Frye and husband, Ronnie,
Breanda Bailey and husband, Glenn, Jimmy Chapman and wife, Brenda, Ronnie Chapman and wife,
Lisa; and numerous grandchildren, nieces, nephews and extended family; and
Whereas, Kenneth A. Chapman not only loved his family, he loved his job because it was
in his blood and he felt like he was making a contribution to 'help keep the lights on' for all of us;
and
Whereas, It is only fitting that we name this bridge on Maple Fork Road to honor Kenneth
A. Chapman, where he lived all his life and is now buried; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 41-1-24.51
(41A009) on Maple Fork Road where it connects with Cirtsville Road in Raleigh County, the
'Kenneth A. Chapman Memorial Bridge'; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the 'Kenneth A. Chapman Memorial Bridge'; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation and to Kenneth A. Chapmans sister,
Breanda Chapman Bailey, and family."
And,
By amending the title of the resolution to read as follows:
Com. Sub. for H. C. R. 52 - "Requesting the Division of Highways to name bridge number
41-1-24.51 (41A009) on Maple Fork Road where it connects with Cirtsville Road in Raleigh County,
the 'Kenneth A. Chapman Memorial Bridge'."
On motion of Delegate White, the House of Delegates refused to concur in the Senate
amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a
concurrent resolution of the House of Delegates as follows:
Com. Sub. for H. C. R. 59, Urging the Governor to direct the Bureau of Senior Services to
issue a report on the needs for in-home care.
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the title and inserting in lieu thereof the
following:
"Whereas, The rate of disability in West Virginia is the highest in the country; and
Whereas, Almost all older adults and people with disabilities who need assistance with
activities of daily living want to remain in their homes and communities; and
Whereas, Providing services and supports to both people with disabilities and people who
are aging in their homes and communities is generally much less expensive than nursing home care;
and
Whereas, The population of older adults and people with disabilities in West Virginia is over
800,000 and is expected to continue to increase and is projected to increase; and
Whereas, The increasing population of older adults and people with disabilities will demand
the availability of more services and supports to enable people to remain in their own homes and
communities; and
Whereas, To successfully address the surging population of older adults and people with
disabilities who have significant needs for long-term services and supports, the state must develop
methods to encourage and support families to assist their disabled relatives and develop ways to
recruit and retain a qualified, responsive in-home care workforce; and
Whereas, A comprehensive approach to policy in this area is an urgent need, and must be
built on effective partnerships and coordinated to achieve the greatest impact from available
resources; and
Whereas, The existing system is over forty years old and cannot be sustained without
creative new approaches and solutions to the expanding needs with consideration of limited resources
and existing programs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study of the future needs of people with disabilities; and, be it
Further Resolved, That the Joint Committee on Government and Finance shall report to the
regular session of the Legislature, 2015, on its findings, conclusions and recommendations together
with drafts of any proposed legislation necessary to effectuate such 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."
And,
By amending the title of the resolution to read as follows:
H. C. R. 59 - "Requesting the Joint Committee on Government and Finance study eldercare
and disability care to better meet the needs of West Virginians of all backgrounds."
On motion of Delegate White, the House concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a
concurrent resolution of the House of Delegates as follows:
Com. Sub. for H. C. R. 60, Lester W. "Cappy" Burnside, Jr. Bridge.
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the title and inserting in lieu thereof the
following:
"Whereas, Lester W. 'Cappy' Burnside, Jr. was born in Clarksburg in January 1934; his
parents were the late Lester W. Burnside and Louise Nowery Burnside. He graduated from
Greenbrier Military School, Lewisburg, and West Virginia University; and
Whereas, Lester W. 'Cappy' Burnside, Jr. served in the U. S. Army and retired as a Captain
in the U. S. Army Reserve; and
Whereas, In January 1990, Senator Robert C. Byrd announced that the FBI Identification
Division would relocate to West Virginia, in order to implement the Automated Fingerprint
Identification System (AFIS), a new computer system to identify fingerprints in a matter of minutes.
Just as Cappy Burnside was taking office as President of Harrison 2000, a new economic
development initiative, the organization learned that FBI teams would be looking in several counties
for a possible site for the facility; and
Whereas, Cappy Burnside then promptly organized an FBI property committee, began
discussions with property owners, evaluated utility extensions to each potential site in Harrison
County and established personal relationships with FBI officials. Each of these efforts contributed
to the final chemistry for a successful project. By late June, FBI officials asked Harrison 2000 to
option 1000 acres adjacent to I-79 by August 1 of that year; and
Whereas, For a year and a half, Cappy Burnside put aside many of his duties with his
business and most of his time for leisure with his family to concentrate on securing the FBI project
for Harrison County. He worked arduously and meticulously during this time to accomplish
numerous FBI requirements; and
Whereas, Twenty years after these events, Route 279 (Jerry Dove Exit 124), has opened
an entire area for development resulting in Charles Pointe, White Oaks, and United Hospital Center
and further economic development and well-being of Harrison County; and
Whereas, Cappy Burnside has participated in many community groups including:
Association of Industrial Development: Board of Directors; Clarksburg Industrial Development
Corporation: President, 1989-1990; Boy Scouts of America, Central West Virginia Council: Board
of Directors; North Bend Rails to Trails Foundation: Advisory Board; American Society of Highway
Engineers, Central West Virginia Chapter: President, 1989; Mon Valley Tri-State Network;
Clarksburg Planning and Zoning Commission: Member; Salvation Army Advisory Board; Clarksburg
Kiwanis Club: President 1969-1970. Until 2006, he was a board member of the Friends of West
Virginia Public Radio, having also served as chair in 1995 and then as treasurer; and
Whereas, He was president and treasurer of Consolidated Supply Company until he closed
the business in 1992 and, in recent years, he was a consultant to building supply firms specializing
in materials for highways and bridges; and
Whereas, Naming a bridge on Route 279 for Cappy Burnside is an appropriate recognition
of his contributions to the economic development and well-being of Harrison County; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge on Route 279 between
the FBI CJIS Division and Route 50 crossing Interstate 79, bridge number 17-279-1.66 (17A314), in
Harrison County (Jerry Dove Exit 124), the 'Lester W. "Cappy" Burnside, Jr. Bridge'; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed
signs identifying the bridge as the 'Lester W. Cappy Burnside, Jr. Bridge'; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation and Lester W. 'Cappy' Burnside, Jr.
and his family."
On motion of Delegate White, the House concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
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, with amendment, of a
concurrent resolution of the House of Delegates as follows:
Com. Sub. for H. C. R. 64, SSG Earl F. (Fred) Brown Memorial Bridge.
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page two, in the
Resolved clause, line eleven, by striking out the words "SSG Earl F. (Fred) Brown" and inserting in lieu thereof the words "U. S. Army SSG Earl F. Fred Brown".
On page two, in the first
Further Resolved clause, line fifteen, by striking out the words "SSG
Earl F. (Fred) Brown" and inserting in lieu thereof the words "U. S. Army SSG Earl F. 'Fred'
Brown".
And,
By amending the title of the resolution to read as follows:
Com. Sub. for H. C. R. 64 - "Requesting that bridge number 21-33-22.22 near the Weston
exit off I-79, and 0.09 miles west of the junction of county 119/21, locally known as Sauls Run
W-Beam Bridge, crossing over Stonecoal Creek, Bars numbers 21A094 and 21A153, in Lewis
County, West Virginia, be named the U. S. Army SSG Earl F. 'Fred' Brown Memorial Bridge."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
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, with amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 65, Army SP4 Harold "Skip" Grouser Memorial Bridge.
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, in the fifth
Whereas clause, by striking out the word "unknowingly".
On page two, in the
Resolved clause, before the word "Army", by inserting "U. S. A.".
On page two, in the first
Further Resolved clause, before the word "Army", by inserting "U.
S.".
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. C. R. 65 - "Requesting that bridge number 40-25/2-0.13 (40A153) on 40th
Street and near 2nd Avenue in Nitro, Putnam County, West Virginia, the U. S. Army SP4 Harold
'Skip' Grouser Memorial Bridge."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
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, with amendment, of a
concurrent resolution of the House of Delegates as follows:
Com. Sub. for H. C. R. 66, Quentin H. Wickline Memorial Bridge.
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, in the fifth
Whereas, by striking out "Pt." and inserting in lieu thereof the word
"Point".
On page two, in the sixth
Whereas, by striking out "Pt." and inserting in lieu thereof the word
"Point".
On page two, in the
Resolved clause, by striking out "Pt." and inserting in lieu thereof the
word "Point".
And,
By amending the title of the resolution to read as follows:
Com. Sub. for H. C. R. 66 "Requesting that the Division of Highways name bridge number
27-15-6.53 (27A024), currently known as Old Town Bridge on County Route 15 (Sandhill Rd.) near
Point Pleasant, Mason County, West Virginia the Quentin H. Wickline Memorial Bridge."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
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, with amendment, of a
concurrent resolution of the House of Delegates as follows:
Com. Sub. for H. C. R. 71, Army Private William C. Bias Memorial Bridge.
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, in the second
Further Resolved clause, by striking out the words "1880
Tuscarona Road, Niagara Fall, NY 14304" and inserting in lieu thereof the words "Niagara Falls,
NY".
And,
On page two, in the second
Further Resolved clause, by striking out the words "701 Garvin
Avenue, Apartment 305" and a comma.
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The resolution, as amended by the Senate, was then adopted.
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, with amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 105, Urging Congress to pass the Safe Freight Act.
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page two, in the fifth
Whereas clause, by striking out the word "individual" and inserting
in lieu thereof the word "individuals".
On page two, in the
Resolved clause, after the word "have", by inserting the words "a crew
of".
And,
By amending the title of the resolution to read as follows:
Com. Sub. for H. C. R. 105 - "Urging Congress to pass the Safe Freight Act as contained in
H. R. 3040 providing that a freight train or light engine used in connection with the movement of
freight have a crew of at least two individuals, one of whom is certified as a locomotive engineer and
the other who is certified as a conductor."
The resolution, as amended by the Senate, was then adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Andes noted to the Clerk that he be recorded in the Journal as having voted "Nay"
on the adoption of H. C. R. 105, Urging Congress to pass the Safe Freight Act.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 477, Providing teachers determine use of time during planning period.
On motion of Delegate White, the House of Delegates refused to recede from its amendment
and requested the Senate to agree to the appointment of a Committee of Conference of three from
each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Pethtel, Williams and Sumner.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate White asked and obtained unanimous consent that, for the remainder of the session, members of Conference Committees be permitted to vote on any question or issue before the House
which they may have missed as a direct result of their duties on Conference Committees, provided
that such members notify the Clerk of the House in writing as to how they wished to vote and on the
day the votes were missed, and that any such vote not change the outcome on any question.
Petitions
Delegate Ashley presented a petition on behalf of his constituents, supporting the passage of
a multi-year salary increase for all school employees; which was referred to the Committee on
Finance.
Delegate Boggs presented a petition on behalf of his constituents, supporting the passage of
a multi-year salary increase for all school employees; which was referred to the Committee on
Finance.
Delegate A. Evans presented a petition on behalf of his constituents, supporting the passage
of a multi-year salary increase for all school employees; which was referred to the Committee on
Finance.
Delegates Marshall, Fleischauer and Barill presented a petition on behalf of their constituents,
supporting the passage of a multi-year salary increase for all school employees; which was referred
to the Committee on Finance.
Delegate M. Poling presented a petition on behalf of her constituents, supporting the passage
of a multi-year salary increase for all school employees; which was referred to the Committee on
Finance.
Delegate Caputo presented a petition on behalf of his constituents, supporting the passage of
a multi-year salary increase for all school employees; which was referred to the Committee on
Finance.
Dailey Calendar
Third Reading
Com. Sub. for S. J. R. 12, Requesting Joint Committee on Government and Finance study funding sources for law-enforcement training and certification programs; on third reading, coming
up in regular order, was, at the request of Delegate White, and by unanimous consent, placed at the
foot of the bills.
Com. Sub. for S. J. R. 14, Requesting DOH name bridge crossing Madison Creek, Logan
County, "U. S. Army Sergeant Bernard C. Maynard Memorial Bridge"; on third reading, coming up
in regular order, was, at the request of Delegate White, and by unanimous consent, placed at the foot
of the bills.
Com. Sub. for S. B. 6, Regulating sale of drug products used in manufacture of
methamphetamine; on third reading, coming up in regular order, was reported by the Clerk.
On motion of Delegate Shott, the House of Delegates then reconsidered the vote on the
adoption of the Judiciary Committee amendment.
On motion of Delegate Shott the House of Delegates reconsidered the amendment he had
offered.
Delegate Shott then asked and obtained unanimous consent to reform the amendment.
The Clerk then reported the amendment offered by Delegates Shott and Ellington on page five,
section four, after line twenty, by inserting a new subsection to read as follows:
"
(f) (1) Notwithstanding any provision of this code to the contrary, a county commission may
adopt an ordinance to provide that a pharmacy, wholesaler or other entity operating a retail
establishment in the county may not sell, transfer or dispense ephedrine, pseudoephedrine or
phenylpropanolamine without a prescription, unless the product has been determined by the Board
of Pharmacy to be in an extraction- or conversion-resistant form: Provided, That the ordinance shall
not take effect until 30 days after it has been approved by a referendum on the ordinance pursuant to
subdivision three of this subsection. __
_____(2) The ordinance:
_____(A) Shall provide that the provisions of subdivision (3), subsection (a), section seven, article
seven, chapter sixty-one of this code are inapplicable to persons possessing ephedrine, pseudoephedrine or phenylpropanolamine which has been lawfully purchased in the jurisdiction of
sale and which is possessed with the intent that it be used in the manner and form intended by the
manufacturer;
_____(B) Shall provide that the ordinance does not apply to drug products containing ephedrine,
pseudoephedrine or phenylpropanolamine which are for pediatric use primarily intended for
administration to children under the age of twelve; and
_____(C) May provide that any person in violation of the ordinance is guilty of a misdemeanor and,
upon conviction, may be fined not more than $1,000 for the first offense, or more than $10,000 for
each subsequent offense.
_____(3) A county commission that adopts an ordinance pursuant to this subsection shall conduct
a referendum on the question of the adoption of any ordinance pursuant to this section by entry of an
order providing that the ordinance not become effective until it is ratified by a majority of the legal
votes cast on the referendum by the qualified voters of the county at any primary, general or special
election as the county commission directs.
_____(4) Nothing in this subsection requires a county commission to adopt an ordinance authorized
by this subsection."
Delegate Sobonya requested to be excused from voting on the adoption of the amendment
under the provisions of House Rule 49.
The Speaker replied that the Delegate was a member of a class of persons possibly to be
affected by the adoption of the amendment and passage of the bill but exhibited no direct personal
or pecuniary interest therein, and refused to excuse the Member from voting.
On the adoption of the amendment to the amendment, Delegate Shott demanded the yeas and
nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 365), and there were--yeas
78, nays 19, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Ferro, Fragale, Hamilton, Hamrick, Howell, Hunt, Jones, Kump, Marcum, E. Nelson, Perry, Pethtel, Pino, Skinner, Sponaugle, Swartzmiller, Walker, Walters and White.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the
amendment to the amendment was adopted.
The Judiciary Committee amendment, as amended, was then adopted.
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. 366),
and there were--yeas 63, nays 34, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes, Barker, Barrett, Butler, Cadle, Cowles, Espinosa, Faircloth, Ferns, Ferro, Folk,
Fragale, Frich, Gearheart, Hamrick, Householder, Howell, Jones, Kump, Marcum, Overington,
Pasdon, Perry, Pethtel, R. Phillips, Pino, R. Smith, Sponaugle, Staggers, Storch, Swartzmiller,
Tomblin, White and Williams.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 6) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 6 - "A Bill to amend and reenact §60A-10-4, §60A-10-6 and §60A-10-7
of the Code of West Virginia, 1931, as amended, all relating to the Methamphetamine Lab
Eradication Act; reducing the amount of ephedrine, pseudoephedrine or phenylpropanolamine that
may be sold, transferred or dispensed without a prescription; creating criminal offenses related to
methamphetamine precursors and establishing penalties therefor; requiring persons convicted of
criminal offenses involving the use, possession or distribution of illegal drugs to have a valid
prescription before ephedrine, pseudoephedrine or phenylpropanolamine may be sold, transferred or
dispensed; requiring the reporting of information related to convictions to the Multi-State Real Time Tracking System; creating a new criminal offense for the compensation, hiring or providing of
incentives to another person to obtain ephedrine, pseudoephedrine or phenylpropanolamine with the
intent to manufacture methamphetamine; removing record-keeping requirements related sales and
transaction by pharmacies, wholesalers and manufacturers; amending provisions of Board of
Pharmacys rule-making authority; exempting wholesale drug distributors regulated by the United
States Drug Enforcement Administration from storage, reporting, record-keeping and security
requirements promulgated by the Board of Pharmacy; and requiring the Board of Pharmacy to
implement a process to notifying pharmacies of drug products containing less than eleven percent of
ephedrine, pseudoephedrine or phenylpropanolamine that may be sold over the counter."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At the request of Delegate White, and by unanimous consent, Com. Sub. for S. B. 409 was
taken up for immediate consideration.
Com. Sub. for S. B. 409, Relating to education reform; on third reading, coming up in regular
order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 367),
and there were--yeas 88, nays 9, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes, Cowles, Faircloth, Folk, Householder, Howell, Kump, Lane and Overington.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 409) passed.
An amendment to the title of the bill, recommended by the Committee on Education, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 409 - "A Bill to amend and reenact §18-2-5 of the Code of West
Virginia, 1931, as amended; to amend and reenact §18-2E-5 of said code; to amend and reenact §18-9A-7 of said code; to amend and reenact §18A-2-3 and §18A-2-7a of said code; to amend and
reenact §18A-3-1, §18A-3-1a, §18A-3-1b and §18A-3-2a of said code; to amend and reenact §18A-4-
7a of said code; to amend and reenact §18B-1D-4 of said code; and to amend and reenact §18B-3C-4
of said code, all relating to education reform; authorizing state board to approve alternative measures
to optimize student learning that meet spirit and intent of affected statutes; limitations; making
findings on optimizing student learning; providing for approval of certain alternatives when county
submits comprehensive plan for optimizing learning meets certain conditions; providing for state
board rule for implementation; requiring state board establish method for applying students
summative assessment score to final grade; requiring progress reports for implementation by certain
date; limitation on use of statewide summative assessment scores in certain years; modifying time
frame for county and school strategic plans; modifying provisions pertaining to school system
accreditation to more align with provisions pertaining to school accreditation; providing for
termination of certain will and pleasure employees, subject to re-employment, when intervention
occurs; adding provisions for increasing capacity of county board during intervention; providing
minimum capacity building activities with certain conditions; providing for public hearing for
continuation of intervention after certain time period, or re-assumption of intervention; providing for
post-termination support; adding propane as an alternative fuel that will increase the foundation
allowance for transportation cost; clarifying definition of critical need and shortage for substitute
teachers; creating deadline for retirement before employment as substitute; providing for submission
of affidavit to state board for verification of compliance and eligibility before submission to
retirement board; requiring posting on statewide job bank and requiring monitoring, enforcement and
reporting on job bank position postings; extending expiration date; expanding purposes and use of
statewide job bank; requiring application information for positions posted on job bank; requiring
information on loan forgiveness on job bank; defining critical need; requiring continuous posting on
job bank of positions in areas of critical need and priority recruitment; requiring certain other
positions to be posted as critical need or priority recruitment and defining terms; correcting references to outdated provisions; requiring issuance of additional content area certifications upon submission
of certain test scores; specifying certain provisions in teacher-in-residence program agreement;
revising alternative programs for education of teachers; defining priority recruitment area and
conditions for determining; requiring separate standards and procedures for approval of alternative
programs; stating primary purpose of alternative programs; authorizing other charges for restricted
purpose; modifying minimum requirements for instruction, program phases and supervision for
alternative programs; requiring passage of tests by alternative program licensure candidates;
modifying degree requirements for professional certificate candidates; requiring principals and
teachers to consider certain qualifications in making recommendation for employment of classroom
teacher and document consideration; allowing transfers prior to posting in limited circumstance;
limiting resignation and employment in another county in professional positions after twentieth prior
to instructional term subject to certain exception; requiring posting of critical need and priority
recruitment vacancies on statewide job bank with information on loan forgiveness programs
applicable to position; making technical improvements; requiring state-wide course credit transfer
agreement; assigning responsibilities to certain state agencies and entities; providing for agreement
requirements, content, criteria, collaboration and implementation; requiring seamless course transfer,
and program alignment, pathways and articulation; establishing implementation strategy, schedule,
deadline and compliance mandate; requiring data collection and certain reports; and requiring
legislative rules."
Delegate White moved that the bill take effect July 1, 2014.
On this question, the yeas and nays were taken
(Roll No. 368), and there were--yeas 92, nays
5, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Faircloth, Folk, Householder, Howell and Kump.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
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. 409) takes effect July 1, 2014.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 1:14 p.m., on motion of Delegate White, the House of Delegates recessed for thirty
minutes, and reconvened at that time.
Delegate O'Neal addressed the House regarding Com. Sub. for S. C. R. 50, Requesting DOH
name portion of State Rt. 20, Hinton, Summers County, "USMC Sgt. Mecot E. Camara Memorial
Highway", and at the conclusion thereof, Delegate Cooper asked and obtained unanimous consent
that said remarks be printed in the Appendix to the Journal.
Delegate Armstead asked and obtained unanimous consent that he be removed as a cosponsor
of H. B. 4188, Updating the authority and responsibility of the Center for Nursing.
Delegate Caputo asked and obtained unanimous consent that the remarks of Delegate Perry
regarding the retirement of Delegate M. Poling be printed in the Appendix to the Journal and that the
remarks of Delegate M. Poling regarding her retirement also be printed in the Appendix.
Messages from the Senate
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:
H. B. 4006, Relating to the possession and distribution of child pornography.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS.
§61-8C-3. Distribution and exhibiting of material depicting minors engaged in sexually explicit
conduct prohibited; penalty.
(a) Any person who,
with knowledge knowingly and willfully, sends or causes to be sent or distributes, exhibits, possesses,
electronically accesses with intent to view or displays or transports
any material visually portraying a minor engaged in any sexually explicit conduct is guilty of a felony
,
and, upon conviction thereof, shall be imprisoned in the penitentiary, not more than two years, and
fined not more than $2,000.
(b) Any person who violates the provisions of subsection (a) of this section when the conduct
involves fifty or fewer images shall, upon conviction, be imprisoned in a state correctional facility
for not more than two years or fined not more than $2,000 or both.
_____(c) Any person who violates the provisions of subsection (a) of this section when the conduct
involves more than fifty but fewer than six hundred images shall, upon conviction, be imprisoned in
a state correctional facility for not less than two nor more than ten years or fined not more than
$5,000, or both.
_____(d) Notwithstanding the provisions of subsections (b) and (c) of this section any person who
violates the provisions of subsection (a) of this section when the conduct involves six hundred or
more images or depicts violence against a child or a child engaging in bestiality shall, upon
conviction, be imprisoned in a state correctional facility for not less than five nor more than fifteen
years or fined not more than $25,000, or both.
_____(e) For purposes of this section each video clip, movie or similar recording of five minutes
or less shall constitute seventy-five images. A video clip, movie or similar recording of a duration
longer than five minutes shall be deemed to constitute seventy-five images for every two minutes in
length it exceeds five minutes."
And by amending the title of the bill to read as follows:
H. B. 4006 - "A Bill to amend and reenact §61-8C-3 of the Code of West Virginia, 1931, as
amended, relating to crimes pertaining to the possession, transmission, transportation, distribution
and exhibiting of material depicting minors in sexually explicit conduct; adding the accessing of such
materials with intent to view as a defined offense; creating an enhanced penalties for possessing,
accessing with intent to view, transporting, receiving or distributing files or materials based on the number of images in a digital, photographic or video format which depict minors engaging in sexually
explicit conduct or depict acts of bestiality involving a child; and setting a number of images based
on length for video film or similar media."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 369), 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: Longstreth, J. Nelson and Raines.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4006) 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 amendment, a bill of the
House of Delegates, as follows:
H. B. 4256, Amending the annual salary schedule for members of the state police.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-5. Career progression system; salaries; exclusion from wages and hour law, with
supplemental payment; bond; leave time for members called to duty in guard
or reserves.
(a) The superintendent shall establish within the West Virginia State Police a system to
provide for: The promotion of members to the supervisory ranks of sergeant, first sergeant, second lieutenant and first lieutenant; the classification of nonsupervisory members within the field
operations force to the ranks of trooper, senior trooper, trooper first class or corporal; the
classification of members assigned to the forensic laboratory as criminalist I-VIII; and the temporary
reclassification of members assigned to administrative duties as administrative support specialist
I-VIII.
(b) The superintendent may propose legislative rules for promulgation in accordance with
article three, chapter twenty-nine-a of this code for the purpose of ensuring consistency, predictability
and independent review of any system developed under the provisions of this section.
(c) The superintendent shall provide to each member a written manual governing any system
established under the provisions of this section and specific procedures shall be identified for the
evaluation and testing of members for promotion or reclassification and the subsequent placement
of any members on a promotional eligibility or reclassification recommendation list.
(d) Beginning on July 1, 2008, through June 30, 2011, members shall receive annual salaries
as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training $ 2,752.00 Mo. $ 33,024
Cadet Trooper After Training 3,357.33 Mo. 40,288
Trooper Second Year 41,296
Trooper Third Year 41,679
Senior Trooper 42,078
Trooper First Class 42,684
Corporal 43,290
Sergeant 47,591
First Sergeant 49,742
Second Lieutenant 51,892
First Lieutenant 54,043
Captain 56,194
Major 58,344
Lieutenant Colonel 60,495
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I $ 41,679
II 42,078
III 42,684
IV 43,290
V 47,591
VI 49,742
VII 51,892
VIII 54,043
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I $ 41,679
II 42,078
III 42,684
IV 43,290
V 47,591
VI 49,742
VII 51,892
VIII 54,043
(d) Beginning on July 1, 2011, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training $ 2,833 Mo. $ 33,994
Cadet Trooper After Training $ 3,438 Mo. $ 41,258
Trooper Second Year 42,266
Trooper Third Year 42,649
Senior Trooper 43,048
Trooper First Class 43,654
Corporal 44,260
Sergeant 48,561
First Sergeant 50,712
Second Lieutenant 52,862
First Lieutenant 55,013
Captain 57,164
Major 59,314
Lieutenant Colonel 61,465
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I 42,266
II 43,048
III 43,654
IV 44,260
V 48,561
VI 50,712
VII 52,862
VIII 55,013
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I 42,266
II 43,048
III 43,654
IV 44,260
V 48,561
VI 50,712
VII 52,862
VIII 55,013
Each member of the West Virginia State Police whose salary is fixed and specified in this
annual salary schedule is entitled to the length of service increases set forth in subsection (e) of this
section and supplemental pay as provided in subsection (g) of this section.
(e) Each member of the West Virginia State Police whose salary is fixed and specified
pursuant to this section shall receive, and is entitled to, an increase in salary over that set forth in
subsection (d) of this section for grade in rank, based on length of service, including that service
served before and after the effective date of this section with the West Virginia State Police as
follows:
Beginning on January 1, 2015 and continuing thereafter, At at the end of two years of service
with the West Virginia State Police, the member shall receive a salary increase of
$400 $500 to be
effective during his or her next year of service and a like increase at yearly intervals thereafter, with
the increases to be cumulative.
(f) In applying the salary schedules set forth in this section where salary increases are provided
for length of service, members of the West Virginia State Police in service at the time the schedules
become effective shall be given credit for prior service and shall be paid the salaries the same length
of service entitles them to receive under the provisions of this section.
(g) The Legislature finds and declares that because of the unique duties of members of the
West Virginia State Police, it is not appropriate to apply the provisions of state wage and hour laws to them. Accordingly, members of the West Virginia State Police are excluded from the provisions
of state wage and hour law. This express exclusion shall not be construed as any indication that the
members were or were not covered by the wage and hour law prior to this exclusion.
In lieu of any overtime pay they might otherwise have received under the wage and hour law,
and in addition to their salaries and increases for length of service, members who have completed
basic training and who are exempt from federal Fair Labor Standards Act guidelines may receive
supplemental pay as provided in this section.
The authority of the superintendent to propose a legislative rule or amendment thereto for
promulgation in accordance with article three, chapter twenty-nine-a of this code to establish the
number of hours per month which constitute the standard work month for the members of the West
Virginia State Police is hereby continued. The rule shall further establish, on a graduated hourly
basis, the criteria for receipt of a portion or all of supplemental payment when hours are worked in
excess of the standard work month. The superintendent shall certify monthly to the West Virginia
State Polices payroll officer the names of those members who have worked in excess of the standard
work month and the amount of their entitlement to supplemental payment. The supplemental
payment may not exceed $400 monthly. The superintendent and civilian employees of the West
Virginia State Police are not eligible for any supplemental payments.
(h) Each member of the West Virginia State Police, except the superintendent and civilian
employees, shall execute, before entering upon the discharge of his or her duties, a bond with security
in the sum of $5,000 payable to the State of West Virginia, conditioned upon the faithful performance
of his or her duties, and the bond shall be approved as to form by the Attorney General and as to
sufficiency by the Governor.
(i) In consideration for compensation paid by the West Virginia State Police to its members
during those members participation in the West Virginia State Police Cadet Training Program
pursuant to section eight, article twenty-nine, chapter thirty of this code, the West Virginia State
Police may require of its members by written agreement entered into with each of them in advance of such participation in the program that, if a member should voluntarily discontinue employment any
time within one year immediately following completion of the training program, he or she shall be
obligated to pay to the West Virginia State Police a pro rata portion of such compensation equal to
that part of such year which the member has chosen not to remain in the employ of the West Virginia
State Police.
(j) Any member of the West Virginia State Police who is called to perform active duty training
or inactive duty training in the National Guard or any reserve component of the Armed Forces of the
United States annually shall be granted, upon request, leave time not to exceed thirty calendar days
for the purpose of performing the active duty training or inactive duty training and the time granted
may not be deducted from any leave accumulated as a member of the West Virginia State Police."
And,
By amending the title of the bill to read as follows:
H. B. 4256 - "A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as
amended, relating to increasing the longevity pay for members of the State Police."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 370), 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: Longstreth, J. Nelson and Raines.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4256) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4283, Raising the minimum wage.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 5C. MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR
EMPLOYEES.
§21-5C-1. Definitions.
As used in this article:
(a) Commissioner means the commissioner of labor or his
or her duly authorized
representatives.
(b) Wage and hour director means the wage and hour director appointed by the commissioner
of labor as chief of the wage and hour division.
(c) Wage means compensation due an employee by reason of his
or her employment.
(d) Employ means to hire or permit to work.
(e) Employer includes the State of West Virginia, its agencies, departments and all its political
subdivisions, any individual, partnership, association, public or private corporation, or any person or
group of persons acting directly or indirectly in the interest of any employer in relation to an
employee; and who employs during any calendar week six or more employees as herein defined in
any one separate, distinct and permanent location or business establishment
: Provided, That the term
employer shall not include any individual, partnership, association, corporation, person or group of
persons or similar unit if eighty percent of the persons employed by him are subject to any federal act
relating to minimum wage, maximum hours and overtime compensation.
(f) Employee includes any individual employed by an employer but shall not include: (1) Any
individual employed by the United States; (2) any individual engaged in the activities of an
educational, charitable, religious, fraternal or nonprofit organization where the employer-employee relationship does not in fact exist, or where the services rendered to such organizations are on a
voluntary basis; (3) newsboys, shoeshine boys, golf caddies, pinboys and pin chasers in bowling
lanes; (4) traveling salesmen and outside salesmen; (5) services performed by an individual in the
employ of his
or her parent, son, daughter or spouse; (6) any individual employed in a bona fide
professional, executive or administrative capacity; (7) any person whose employment is for the
purpose of on-the-job training; (8) any person having a physical or mental handicap so severe as to
prevent his
or her employment or employment training in any training or employment facility other
than a nonprofit sheltered workshop; (9) any individual employed in a boys or girls summer camp;
(10) any person sixty-two years of age or over who receives old-age or survivors benefits from the
social security administration; (11) any individual employed in agriculture as the word agriculture is
defined in the Fair Labor Standards Act of 1938, as amended; (12) any individual employed as a fire
fighter by the state or agency thereof; (13) ushers in theaters; (14) any individual employed on a part-
time basis who is a student in any recognized school or college; (15) any individual employed by a
local or interurban motorbus carrier; (16) so far as the maximum hours and overtime compensation
provisions of this article are concerned, any salesman, parts man or mechanic primarily engaged in
selling or servicing automobiles, trailers, trucks, farm implements, aircraft if employed by a
nonmanufacturing establishment primarily engaged in the business of selling such vehicles to ultimate
purchasers; (17) any employee with respect to whom the United States Department of Transportation
has statutory authority to establish qualifications and maximum hours of service; (18) any person
employed on a per diem basis by the Senate, the House of Delegates, or the Joint Committee on
Government and Finance of the Legislature of West Virginia, other employees of the Senate or House
of Delegates designated by the presiding officer thereof and additional employees of the Joint
Committee on Government and Finance designated by such joint committee; or (19) any person
employed as a seasonal employee of a commercial whitewater outfitter where the seasonal employee
works less than seven months in any one calendar year and, in such case, only for the limited purpose
of exempting the seasonal employee from the maximum wage provisions of section three of this article.
(g) Workweek means a regularly recurring period of one hundred sixty-eight hours in the form
of seven consecutive twenty-four hour periods, need not coincide with the calendar week and may
begin any day of the calendar week and any hour of the day.
(h) Hours worked, in determining for the purposes of sections two and three of this article, the
hours for which an employee is employed, there shall be excluded any time spent in changing clothes
or washing at the beginning or end of each workday, time spent in walking, riding or traveling to and
from the actual place of performance of the principal activity or activities which such employee is
employed to perform and activities which are preliminary to or postliminary to said principal activity
or activities, subject to such exceptions as the commissioner may by rules and regulations define.
§21-5C-2. Minimum wages.
(a)
Minimum wage:
(1) After June 30, 2006, every employer shall pay to each of his or her employees wages at
a rate not less than $5.85 per hour.
(2) After June 30, 2007, every employer shall pay to each of his or her employees wages at
a rate not less than $6.55 per hour.
(3) After June 30, 2008, every employer shall pay to each of his or her employees wages at
a rate not less than $7.25 per hour.
(4) After January 1, 2015, every employer shall pay to each of his or her employees wages at
a rate not less than $7.50 per hour.
_____(5) After January 1, 2016, every employer shall pay to each of his or her employees wages at
a rate not less than $8.00 per hour.
_____(6) After January 1, 2017, every employer shall pay to each of his or her employees wages at
a rate not less than $8.75 per hour.
_____(4) At such time as (7) When the federal minimum hourly wage as prescribed by 29 U. S. C.
§206(a)(1) is equal to or greater than the wage rate prescribed in
the applicable provision of subdivision (3) of this subsection, every employer shall pay to each of his or her employees wages
at a rate of not less than the federal minimum hourly wage as prescribed by 29 U. S. C. §206(a)(1).
The minimum wage rates required under this subparagraph shall be thereafter adjusted in accordance
with adjustments made in the federal minimum hourly rate. The adoption of the federal minimum
wage provided by this subdivision includes only the federal minimum hourly rate prescribed in 29
U. S. C. §206(a)(1) and does not include other wage rates, or conditions, exclusions or exceptions to
the federal minimum hourly wage rate. In addition, adoption of the federal minimum hourly wage
rate does not extend or modify the scope or coverage of the minimum wage rate required under this
subdivision.
(b)
Training wage:
(1) Notwithstanding the provisions set forth in subsection (a) of this section to the contrary,
an employer may pay an employee first hired after
June 30, 2006 January 1, 2015, a subminimum
training wage not less than
$5.15 $6.40 per hour.
(2) An employer may not pay the subminimum training wage set forth in subdivision (1) of
this subsection to any individual:
(I) Who has attained or attains while an employee of the employer, the age of twenty years;
or
(ii) For a cumulative period of not more than ninety days per employee:
Provided, That if any
business has not been in operation for more than ninety days at the time the employer hired the
employee, the employer may pay the employee the subminimum training wage set forth in subdivision
(1) of this subsection for an additional period not to exceed ninety days.
(3)
At such time as When the federal subminimum training wage as prescribed by 29 U. S.
C. §206(g)(1) is equal to or greater than the wage rate prescribed in subdivision (1) of this subsection,
every employer shall pay to each of his or her employees wages at a rate of not less than the federal
minimum hourly wage as prescribed by 29 U. S. C. §206(g)(1). The minimum wage rates required
under this subparagraph shall be thereafter adjusted in accordance with adjustments made in the federal minimum hourly rate. The adoption of the federal minimum wage provided by this
subdivision includes only the federal minimum hourly rate prescribed in 29 U. S. C. §206(g)(1) and
does not include other wage rates, or conditions, exclusions, or exceptions to the federal minimum
hourly wage rate. In addition, adoption of the federal minimum hourly wage rate does not extend or
modify the scope or coverage of the minimum wage rate required under this subdivision.
(c) Notwithstanding any provision or definition to the contrary, the wages established pursuant
to this section
shall be are applicable to all individuals employed by the State of West Virginia, its
agencies and departments, regardless if
such the employee or employer are subject to any federal act
relating to minimum wage:
Provided, That at no time
shall may the minimum wage established
pursuant to this section fall below the federal minimum hourly wage as prescribed by 29 U. S. C.
§206(a)(1).
§21-5C-4. Credits.
In determining whether an employer is paying an employee wages and overtime compensation
as provided in sections two and three of this article, there shall be provided in accordance with the
regulations which shall be promulgated by the commissioner a credit to the employer of
twenty
seventy percent of the hourly rate of the amount paid an employee customarily receiving gratuities
and a reasonable credit for board and lodging furnished to an employee. The commissioner shall
promulgate regulations relating to maximum allowances to employers for room and board furnished
to employees:
Provided, That the employer shall be required to furnish to the commissioner upon
request, documentary evidence that the employee is receiving at least
twenty seventy percent of the
minimum wage in gratuities or is receiving room and lodging in accordance with the rules and
regulations promulgated by the commissioner."
On motion of Delegate White, the House of Delegates refused to concur in the Senate
amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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:
H. B. 4549, Clarifying the regulation of nonintoxicating beer brewers and distributors,
agreements, networks, products, brands and extensions of a line of brands.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 16. NONINTOXICATING BEER.
§11-16-3. Definitions.
For the purpose of this article, except where the context clearly requires differently:
(1) Brand means a nonintoxicating beer product manufactured, brewed, mixed, concocted,
blended, bottled or otherwise produced, or imported or transhipped by a brewer or manufacturer, the
labels of which have been registered and approved by the commissioner that is being offered for sale
or sold in West Virginia by a distributor who has been appointed in a valid franchise agreement or
a valid amendment thereto.
_____(1) (2) Brewer or manufacturer means any person
firm, association, partnership or corporation
manufacturing,
brewing, mixing, concocting, blending, bottling or otherwise producing or importing
or transshipping
from a foreign country nonintoxicating beer or nonintoxicating craft beer for sale at
wholesale to any licensed distributor.
Brewer or manufacturer may be used interchangeably
throughout this article. A brewer may obtain only one brewers license for its nonintoxicating beer
or nonintoxicating craft beer.
_____(2) (3)___Brewpub means a place of manufacture of nonintoxicating beer owned by a resident
brewer, subject to federal and state regulations and guidelines, a portion of which premises are
designated for retail sales of nonintoxicating beer or nonintoxicating craft beer by the resident brewer owning the brewpub.
(3) (4) Class A retail license means a retail license permitting the retail sale of liquor at a
freestanding liquor retail outlet licensed pursuant to chapter sixty of this code.
(4) (5) Commissioner means the West Virginia Alcohol Beverage Control Commissioner.
(5) (6) Distributor means and includes any person jobbing or distributing nonintoxicating beer
or nonintoxicating craft beer to retailers at wholesale and whose warehouse and chief place of
business shall be within this state. For purposes of a distributor only, the term person means and
includes an individual, firm, trust, partnership, limited partnership, limited liability company,
association or corporation. Any trust licensed as a distributor or any trust that is an owner of a
distributor licensee, and the trustee or other persons in active control of the activities of the trust
relating to the distributor license, is liable for acts of the trust or its beneficiaries relating to the
distributor license that are unlawful acts or violations of article eleven of this chapter notwithstanding
the liability of trustees in article ten, chapter forty-four-d of this code.
(7) Franchise agreement means the written agreement between a brewer and a distributor that
is identical as to terms and conditions between the brewer and all its distributors, which agreement
has been approved by the commissioner. The franchise agreement binds the parties so that a
distributor, appointed by a brewer, may distribute all of the brewers nonintoxicating beer products,
brands or family of brands imported and offered for sale in West Virginia, including, but not limited
to, existing brands, line extensions and new brands all in the brewers assigned territory for the
distributor. All brands and line extensions being imported or offered for sale in West Virginia must
be listed by the brewer in the franchise agreement or a written amendment to the franchise agreement.
A franchise agreement may be amended by mutual written agreement of the parties as approved by
the commissioner with identical terms and conditions for a brewer and all of its distributors. Any
approved amendment to the franchise agreement becomes a part of the franchise agreement. A brewer
and a distributor may mutually agree in writing to cancel a franchise agreement. A distributor
terminated by a brewer as provided in this article and the promulgated rules no longer has a valid franchise agreement. If a brewer has reached an agreement to cancel a distributor or has terminated
a distributor, then a brewer may appoint a successor distributor who accedes to all the rights of the
cancelled or terminated distributor.
_____(8) Franchise distributor network means the distributors who have entered into a binding
written franchise agreement, identical as to terms and conditions, to distribute nonintoxicating beer
products, brands and line extensions in an assigned territory for a brewer. A brewer may only have
one franchise distributor network: Provided, That a brewer that has acquired the manufacturing,
bottling or other production rights for the sale of nonintoxicating beer at wholesale from a selling
brewer as specified in subdivision (2), subsection (a), section twenty-one of this article shall continue
to maintain and be bound by the selling brewers separate franchise distributors network for any of its
existing brands, line extensions and new brands.
_____(6) (9) Freestanding liquor retail outlet means a retail outlet that sells only liquor, beer,
nonintoxicating beer and other alcohol-related products, as defined pursuant to section four, article
three-a, chapter sixty of this code.
(7) (10) Growler means a glass ceramic or metal container or jug, capable of being securely
sealed, utilized by a brewpub for purposes of off-premise sales of nonintoxicating beer or
nonintoxicating craft beer for personal consumption not on a licensed premise and not for resale.
(11) Line extension means any nonintoxicating beer product that is an extension of brand or
family of brands that is labeled, branded, advertised, marketed, promoted or offered for sale with the
intent or purpose of being manufactured, imported, associated, contracted, affiliated or otherwise
related to a brewers existing brand through the use of a brewer, its subsidiaries, parent entities,
contracted entities, affiliated entities or other related entities. In determining whether a
nonintoxicating beer product is a line extension, the commissioner may consider, but is not limited
to, the following factors: name or partial name; trade name or partial trade name; logos; copyrights;
trademarks or trade design; product codes; advertising promotion or pricing.
_____(8) (12) Nonintoxicating beer means all natural cereal malt beverages or products of the brewing industry commonly referred to as beer, lager beer, ale and all other mixtures and preparations
produced by the brewing industry, including malt coolers and nonintoxicating craft beers with no
caffeine infusion or any additives masking or altering the alcohol effect containing at least one half
of one percent alcohol by volume, but not more than nine and six-tenths of alcohol by weight, or
twelve percent by volume, whichever is greater. The word liquor as used in chapter sixty of this code
does not include or embrace nonintoxicating beer nor any of the beverages, products, mixtures or
preparations included within this definition.
(9) (13) Nonintoxicating beer sampling event means an event approved by the commissioner
for a Class A retail Licensee to hold a nonintoxicating beer sampling authorized pursuant to section
eleven-a of this article.
(10) (14) Nonintoxicating beer sampling day means any days and hours of the week where
Class A retail licensees may sell nonintoxicating beer pursuant to
sub-section (a)(1) subdivision (1),
subsection (a), section eighteen of this article, and is approved, in writing, by the commissioner to
conduct a nonintoxicating beer sampling event.
(11) (15) Nonintoxicating craft beer means any beverage obtained by the natural fermentation
of barley, malt, hops or any other similar product or substitute and containing not less than one half
of one percent by volume and not more than twelve percent alcohol by volume or nine and six-tenths
percent alcohol by weight with no caffeine infusion or any additives masking or altering the alcohol
effect.
(12) (16) Original container means the container used by the brewer at the place of
manufacturing, bottling or otherwise producing nonintoxicating beer for sale at wholesale.
(13) (17) Person means and includes an individual, firm, partnership, limited partnership,
limited liability company, association or corporation.
(14) (18) Resident brewer means any brewer or manufacturer of nonintoxicating beer or
nonintoxicating craft beer whose principal place of business and manufacture is located in the State
of West Virginia and which does not brew or manufacture more than twenty-five thousand barrels of nonintoxicating beer or nonintoxicating craft beer annually, and does not self-distribute more than
ten thousand barrels thereof in the State of West Virginia annually.
(15) (19) Retailer means any person selling, serving, or otherwise dispensing nonintoxicating
beer and all products regulated by this article, including, but not limited to, malt coolers at his or her
established and licensed place of business.
(16) (20) Tax Commissioner means the Tax Commissioner of the State of West Virginia or
the commissioners designee.
§11-16-17a. Commissioner to investigate, review and approve or deny franchise agreements,
labels, brands and line extensions.
(a) The commissioner shall investigate and review:
(1) All franchise agreements and any amendments to a franchise agreement to verify
compliance with this article and the promulgated rules.
(2) The registration of all container labels for brands manufactured, imported or sold in West
Virginia.
(3) The registration of all brands and line extensions with the commissioner that are the
subject of a franchise agreement or an amendment to a franchise agreement.
(4) The appointment of all brands or line extensions to a distributor in a brewers established
franchise distributor network and to that distributors assigned territory from the brewer.
(5) The appointment of all brands or line extensions acquired by a brewer as either an
acquiring brewer, successor brewer and also any successor entities of a brewer, as specified in
subdivision (3), subsection (a), section twenty-one of this article, to the distributor in the selling
brewers established franchise distributor network and to that distributors assigned territory.
(b) The commissioners investigation and review under subsection (a) of this section may
include, but is not limited to: the brewer, its subsidiaries, parent entities, contracted entities, affiliated
entities, associated entities or any other related entities, the brewers corporate structure, the nature of
the relatedness of various entities, ownership, trade names or partial trade names, logos, copyrights, trademarks or trade design, product codes, marketing and advertising, promotion or pricing.
(c) The commissioner may approve or deny any item listed in subsection (a) of this section
as determined by the commissioner in accordance with this article, the promulgated rules as the facts
and circumstances dictate.
(d) Any brewer adversely affected by a denial as specified in subdivision (3) or (4), subsection
(a) of this section, may request, in writing, a final written determination from the commissioner.
(e) Upon receipt of final determination as provided in subsection (d), a brewer may request
an administrative hearing by filing a written petition and as otherwise required per section twenty-four
of this article and the rules promulgated by the commissioner. Upon filing a written petition, the
brewer shall file a $1,000 hearing deposit, via certified check or money order, to cover the costs of
the hearing. Such certified check or money order shall be made payable to the commissioner. In any
such hearing held by the request of a brewer, the burden of proof is on the brewer and the standard
of review for the administrative hearing is by a preponderance of the evidence.
§11-16-20. Unlawful acts of brewers or manufacturers; criminal penalties.
(a) It
shall be is unlawful:
(1) For any brewer or manufacturer, or any other person, firm or corporation engaging in the
business of selling nonintoxicating beer, ale or other malt beverage or cooler to a distributor or
wholesaler, to discriminate in price, allowance, rebate, refund, commission, discount or service
between distributors or wholesalers licensed in West Virginia. Discriminate, as used in this section,
shall mean granting of more favorable prices, allowances, rebates, refunds, commissions, discounts
or services to one West Virginia distributor or wholesaler than to another.
(2) For any brewer or manufacturer, or any other person, firm or corporation engaged in the
business of selling nonintoxicating beer, ale or other malt beverage or malt cooler to a distributor or
wholesaler, to sell or deliver nonintoxicating beer, ale or other malt beverage or malt cooler to any
licensed distributor or wholesaler unless and until such brewer, manufacturer, person, firm or
corporation, as the case may be, shall have filed the brewery or dock price of such beer, ale or other malt beverage or malt cooler, by brands and container sizes, with the commissioner.
The pricing
submitted to the commissioner shall also be submitted contemporaneously to the licensed distributor
or wholesaler. No price schedule shall be put into effect until
fourteen ninety days after receipt of
same by the commissioner
and shall be submitted on or before the following quarterly dates of
January 1, April 1, July 1 and October 1 of the calendar year to be effective: Provided, That any price
reductions shall remain in effect not less than
thirty ninety days.
(3) For any brewer or manufacturer, resident brewer or any other person, firm or corporation
engaged in the business of selling nonintoxicating beer, ale or other malt beverage or malt cooler to
a distributor or wholesaler to sell, offer for sale or transport to West Virginia any nonintoxicating
beer, ale or other malt beverage or malt cooler unless it has first registered its labels and assigned to
the appropriate distributor per an equitable franchise agreement, all as approved by the commissioner.
_____(4) For any brewer or manufacturer, or any other person, firm or corporation engaged in the
business of selling nonintoxicating beer, ale or other malt beverage or malt cooler to provide, furnish,
transport or sell its nonintoxicating beer products, brands and line extensions to any person or
distributor other than the appointed distributor per the franchise agreement and established in the
franchise distributor network in the territory assigned to that appointed distributor.
_____(5) For any brewer or manufacturer, or any other person, firm or corporation engaged in the
business of selling nonintoxicating beer, ale or other malt beverage or malt cooler to provide, furnish,
transport or sell its nonintoxicating beer products, brands and line extensions that have been denied
by the commissioner.
_____(6) For any resident brewer that chooses to utilize a franchise agreement and a franchise
distributor network, either in addition to or in conjunction with its limited quantity of nonintoxicating
beer for self-distribution, to violate this section and the resident brewer is subject to the sanctions in
subsections (b) and (c) of this section.
(b) The violation of any provision of this section by any brewer or manufacturer shall
constitute grounds for the forfeiture of the bond furnished by such brewer or manufacturer in accordance with the provisions of section twelve of this article.
(c) The violation of this section by any brewer or manufacturer is grounds for sanctions as
determined by the commissioner in accordance with sections twenty-three and twenty-four of this
article and the rules promulgated by the commissioner.
_____(d) Any resident brewer that chooses to utilize a franchise agreement and a franchise
distributor network, either in addition to or in conjunction with its limited quantity of nonintoxicating
beer for self-distribution, shall be treated as a brewer under this article and the applicable promulgated
rules.
§11-16-21. Requirements as to franchise agreements between brewers and distributors;
transfer of franchise by distributor; franchise distributor network; notice
thereof to brewer; arbitration of disputes as to such transfer; violations and
penalties; limitation of section.
(a) On and after July 1, 1971, it shall be unlawful for any brewer to transfer or deliver to a
distributor any nonintoxicating beer, ale or other malt beverage or malt cooler without first having
entered into an equitable franchise agreement with such distributor, which franchise agreement
and
any amendments to that agreement shall be in writing, shall be identical as to terms and conditions
with all other franchise agreements
and any amendments between such brewer and its other
distributors in this state
in its approved franchise distributor network, all as approved by the
commissioner and which shall contain a provision in substance or effect as follows:
(1) The brewer recognizes that the distributor is free to manage his or her business in the
manner the distributor deems best and that this prerogative vests in the distributor, subject to the
provisions of this article, the exclusive right:
to (A) To establish his or her selling prices;
(B) to
select
have the distribution rights to the brands
and line extensions of
nonintoxicating beer
products that are
bound by franchise agreements specifying a distributors assigned territory and that are assigned to a
franchise distributor network, and, further, that the distributor may determine which brands and line
extensions of nonintoxicating beer products he or she wishes to handle; and
(C) to determine the efforts and resources which the distributor will exert to develop and promote the sale of the brewers
nonintoxicating beer products handled by the distributor. However, since the
brewer does not expect
that its products brewers nonintoxicating beer products, brands and line extensions shall only be
handled by the distributor
with a franchise agreement for a certain territory in West Virginia as a part
of the brewers overall franchise distributor network in West Virginia and will
not be sold by
others
other distributors in the territory,
assigned to the distributor, the brewer is dependent upon the
appointed distributor alone for the sale of such products in
said the assigned territory. Consequently,
the brewer expects that the distributor will price competitively the
nonintoxicating beer products
handled by the distributor, devote reasonable effort and resources to the sale of such products and
maintain a satisfactory sales level.
(2) The franchise agreement binds the parties so that a distributor, appointed by a brewer, may
distribute all of the brewers nonintoxicating beer products, brands or family of brands imported and
offered for sale in West Virginia, including, but not limited to: existing brands, line extensions and
new brands in the brewers assigned territory for the distributor. All brands and line extensions being
imported or offered for sale in West Virginia must be listed by the brewer in the franchise agreement
or a written amendment to the franchise agreement. A franchise agreement may be amended by
mutual written agreement of the parties as approved by the commissioner with identical terms and
conditions for a brewer and all of its distributors. Any approved amendment to the franchise
agreement becomes a part of the franchise agreement.
_____(2) (3) Whenever the manufacturing, bottling or other production rights for the sale of
nonintoxicating beer at wholesale of any brewer is acquired by another brewer, the franchised
distributor
and franchise distributor network of the selling brewer shall be entitled to continue
distributing the selling brewers
nonintoxicating beer products as authorized in the
franchised
distributors existing franchise agreement and the acquiring brewer shall market all the selling brewers
nonintoxicating beer products through said franchised distributor
and franchise distributor network
as though the acquiring brewer had made the franchise agreement and the acquiring brewer may terminate said franchise agreement only in accordance with subdivision (2), subsection (b) of this
section:
Provided, That the acquiring brewer may distribute any of its other
nonintoxicating beer
products through its duly authorized franchises
and franchise distributor network in accordance with
all other provisions of this section.
Further, this subdivision shall apply to the brewer, successor
brewers and also any successor entities of a brewer who shall be bound by the existing franchise
agreement and the franchise distributor network, unless all the parties mutually agree, in writing, to
change or cancel the existing franchise agreement and franchise distributor network or unless the
brewer terminates a distributor as provided in this article and the promulgated rules.
(b) It shall also be unlawful:
(1) For any brewer,
or brewpub resident brewer or distributor, or any officer, agent or
representative of any brewer,
or brewpub resident brewer or distributor, to coerce or persuade or
attempt to coerce or persuade any person licensed to sell, distribute or job nonintoxicating beer, ale
or other malt beverage or malt cooler at wholesale or retail, to enter into any contracts or agreements,
whether written or oral, or to take any other action which will violate or tend to violate any provision
of this article or any of the rules, regulations, standards, requirements or orders of the commissioner
promulgated as provided in this section;
(2) For any brewer,
or brewpub resident brewer or distributor, or any officer, agent or
representative of any brewer,
or brewpub resident brewer or distributor, to cancel, terminate or rescind
without due regard for the equities of such brewer,
or brewpub resident brewer or distributor and
without just cause, any franchise agreement, whether oral or written, and in the case of an oral
franchise agreement, whether the same was entered into on or before June 11, 1971, and in the case
of a franchise agreement in writing, whether the same was entered into on, before or subsequent to
July 1, 1971. The cancellation, termination or rescission of any such franchise agreement shall not
become effective for at least ninety days after written notice of such cancellation, termination or
rescission has been served on the affected party and the Commissioner by certified mail, return receipt
requested:
Provided, That said ninety-day period and said notice of cancellation, termination or rescission shall not apply if such cancellation, termination or rescission is agreed to in writing by both
the brewer and the distributor involved.
or
(c) In the event a distributor desires to sell or transfer his or her franchise
and assigned
territory in the brewer or resident brewers franchise distributor network, such distributor shall give
to the brewer, or
brewpub resident brewer at least sixty days notice in writing of such impending sale
or transfer and the identity of the person, firm or corporation to whom such sale or transfer is to be
made and such other information as the brewer
or resident brewer may reasonably request. Such
notice shall be made upon forms and contain such additional information as the Commissioner by rule
or regulation shall prescribe. A copy of such notice shall be forwarded to the commissioner. The
brewer or
brewpub resident brewer shall be given sixty days to approve or disapprove of such sale
or transfer. If the brewer or
brewpub resident brewer neither approves nor disapproves thereof within
sixty days of the date of receipt of such notice, the sale or transfer of such franchise shall be deemed
to be approved by such brewer
or resident brewer. In the event the brewer or
brewpub resident brewer
shall disapprove of the sale or transfer to the prospective franchisee, transferee or purchaser, such
brewer or
brewpub resident brewer shall give notice to the distributor of that fact in writing, setting
forth the reason or reasons for such disapproval. The approval shall not be unreasonably withheld
by the brewer or
brewpub resident brewer. The fact that the prospective franchisee, transferee or
purchaser has not had prior experience in the nonintoxicating beer business or beer business shall not
be deemed sufficient reason in and of itself for a valid disapproval of the proposed sale or transfer,
but may be considered in conjunction with other adverse factors in supporting the position of the
brewer or
brewpub resident brewer. Nor may the brewer or
brewpub resident brewer impose
requirements upon the prospective franchisee, transferee or purchaser which are more stringent or
restrictive than those currently demanded of or imposed upon the
brewers brewer or
brewpubs
resident brewers or other distributors in the State of West Virginia. A copy of such notice of
disapproval shall likewise be forwarded to the commissioner and to the prospective franchisee,
transferee or purchaser. In the event the issue be not resolved within twenty days from the date of such disapproval, either the brewer,
brewpub resident brewer, distributor or prospective franchisee,
transferee or purchaser shall notify the other parties of his or her demand for arbitration and shall
likewise notify the commissioner thereof. A dispute or disagreement shall thereupon be submitted
to arbitration in the county in which the distributors principal place of business is located by a board
of three arbitrators, which request for arbitration shall name one arbitrator. The party receiving such
notice shall within ten days thereafter by notice to the party demanding arbitration name the second
arbitrator or, failing to do so, the second arbitrator shall be appointed by the chief judge of the circuit
court of the county in which the distributors principal place of business is located on request of the
party requesting arbitration in the first instance. The two arbitrators so appointed shall name the third
or, failing to do so within ten days after appointment of the second arbitrator, the third arbitrator may
be appointed by said chief judge upon request of either party. The arbitrators so appointed shall
promptly hear and determine and the questions submitted pursuant to the procedures established by
the American Arbitration Association and shall render their decision with all reasonable speed and
dispatch but in no event later than twenty days after the conclusion of evidence. Said decision shall
include findings of fact and conclusions of law and shall be based upon the justice and equity of the
matter. Each party shall be given notice of such decision. If the decision of the arbitrators be in favor
of or in approval of the proposed sale or transfer, the brewer or
brewpub resident brewer shall
forthwith agree to the same and shall immediately transfer the franchise to the proposed franchisee,
transferee or purchaser unless notice of intent to appeal such decision is given the arbitrators and all
other parties within ten days of notification of such decision. If any such party deems himself or
herself aggrieved thereby, such party shall have a right to bring an appropriate action in circuit court.
Any and all notices given pursuant to this subsection shall be given to all parties by certified or
registered mail, return receipt requested.
(d) The violation of any provision of this section by any brewer or
brewpub resident brewer
shall constitute grounds for the forfeiture of the bond furnished by such brewer or
brewpub resident
brewer in accordance with the provisions of section twelve of this article
and shall also constitute grounds for sanctions in accordance with sections twenty-three and twenty-four of this article.
Moreover, any circuit court of the county in which a distributors principal place of business is located
shall have the jurisdiction and power to enjoin the cancellation, termination or rescission of any
franchise agreement between a brewer or
brewpub resident brewer and such distributor and, in
granting an injunction to a distributor, the court shall provide that the brewer or
brewpub resident
brewer so enjoined shall not supply the customers or territory of the distributor while the injunction
is in effect."
On page one, by striking out the enacting section to read as follows:
"That §11-16-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
that said code be amended by adding thereto a new section, designated §11-16-17a; and that §11-16-
20 and §11-16-21 of said code be amended and reenacted, all to read as follows" and a colon.
And,
By amending the title of the bill to read as follows:
H. B. 4549 - "A Bill to amend and reenact §11-16-3 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section, designated §11-16-17a; and to amend
and reenact §11-16-20 and §11-16-21 of said code, all relating to the regulation of nonintoxicating
beer brewers and distributors, agreements, networks, products, brands and extensions of a line of
brands; permitting the commissioner to investigate, review and approve or deny franchise agreements,
labels, brands and line extensions; providing hearings; extending certain dates; establishing
nonintoxicating beer, resident brewers, distributors, franchise distributor networks and line extensions
standards; defining terms; providing sanctions; and authorizing rule-making."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 371), and there were--yeas
93, nays 4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: A. Evans, Howell, Kump and Sobonya.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4549) 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 the adoption by the Senate, with amendment, of a joint
resolution of the House of Delegates as follows:
H. J. R. 108, Nonprofit Youth Organization Tax Exemption Support Amendment.
On motion of Delegate White, the resolution was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE X. TAXATION AND FINANCE.
§12. Nonprofit youth organization revenue exemption.
Notwithstanding any provision of this Constitution to the contrary, real property in this state
which is owned by a non-profit organization that has as its primary purpose the development of youth
through adventure, educational or recreational activities for young people and others, which property
contains facilities built at a cost of not less than $100,000,000 and which property is capable of
supporting additional activities within the region and the State of West Virginia is exempt from ad
valorem property taxation whether or not such property is used for the nonprofit organizations
primary purpose or to generate revenue for the benefit of the non-profit organization subject to any
requirements, limitations and conditions as may be prescribed by general law:
Provided, That the tax
exemption authorized by the provisions of this section shall not become effective until the Legislature
adopts enabling legislation authorizing the exemptions implementation and concurrently prescribing
requirements, limitations and conditions for the use of the tax exempt facility that protect local and regionally located businesses from use of the tax exempt facility in a manner that causes unfair
competition and unreasonable loss of revenue to those businesses.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the
Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered
Amendment No. 1 and designated as the Nonprofit Youth Organization Tax Exemption Support
Amendment and the purpose of the proposed amendment is summarized as follows: To amend the
State Constitution to exempt certain nonprofit youth organizations from ad valorem property taxation
on property owned by the organization which is used to support the organization. This tax exemption
does not take effect until the Legislature enacts laws that protect local and regional businesses from
unfair competition and unreasonable loss of revenue from business competition by the facility
utilizing this tax exemption."
And,
By amending the title of the resolution to read as follows:
H. J. R. 108 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article X thereof, by adding thereto a new section, designated section twelve, relating to
exempting certain nonprofit youth organizations which have facilities within this state which cost in
excess of $100,000,000 from ad valorem property taxation on property owned by the organization
whether or not said property is leased or used to support the organization; conditioning tax exemption
on enactment of legislation to which shall include protecting interests of entities in the region where
the facility is located; numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment."
On the adoption of the resolution, the yeas and nays were taken
(Roll No. 372), and there
were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being as
follows:
Nays: Fleischauer.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the resolution (H. J. R. 108) adopted, as follows:
H. J. R. 108 - Proposing an amendment to the Constitution of the State of West Virginia,
amending article X thereof, by adding thereto a new section, designated section twelve, relating to
exempting certain nonprofit youth organizations which have facilities within this state which cost in
excess of $100,000,000 from ad valorem property taxation on property owned by the organization
whether or not said property is leased or used to support the organization; conditioning tax exemption
on enactment of legislation to which shall include protecting interests of entities in the region where
the facility is located; numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of the members elected to each house
agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State
of West Virginia be submitted to the voters of the state at the next general election to be held in the
year 2014, which proposed amendment is that article X thereof be amended by adding thereto a new
section, designated section twelve, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§12. Nonprofit youth organization revenue exemption.
Notwithstanding any provision of this Constitution to the contrary, real property in this state
which is owned by a non-profit organization that has as its primary purpose the development of youth
through adventure, educational or recreational activities for young people and others, which property
contains facilities built at a cost of not less than $100,000,000 and which property is capable of
supporting additional activities within the region and the State of West Virginia is exempt from ad
valorem property taxation whether or not such property is used for the nonprofit organization's
nonprofit purpose to generate revenue for the benefit of the non-profit organization subject to any
requirements, limitations and conditions as may be prescribed by general law:
Provided, That the tax exemption authorized by the provisions of this section shall not become effective until the Legislature
adopts enabling legislation authorizing the exemption's implementation and concurrently prescribing
requirements, limitations and conditions for the use of the tax exempt facility that protect local and
regionally located businesses from use of the tax exempt facility in a manner that causes unfair
competition and unreasonable loss of revenue to those businesses.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the
Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered
"Amendment No. 1" and designated as the "Nonprofit Youth Organization Tax Exemption Support
Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the
State Constitution to exempt from property tax certain properties in this state owned by nonprofit
youth organizations and built at cost of at least $100 million whether or not the property is used for
the nonprofit youth organization's charitable or nonprofit purpose to help raise funds for the benefit
of the nonprofit youth organization. If approved, the Legislature would be required businesses from
unfair competition and unreasonable loss of revenue caused by the nonprofit organization use of the
tax exemption."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Calendar
Third Reading
S. B. 88, Relating to claims for total loss and debris removal proceeds under farmers mutual
fire insurance companies; 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. 373),
and there were--yeas 97, nays none, absent and not voting 3, with the nays and absent and not voting
being as follows:
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 88) passed.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
S. B. 88 - "A Bill to amend and reenact §33-22-2 of the Code of West Virginia, 1931, as
amended, and to amend and reenact §38-10E-1 of said code, all relating to farmers mutual fire
insurance companies; removing outdated language; clarifying obligations and liability of farmers
mutual fire insurance companies; imposing limited lien on proceeds under policies issued by farmers
mutual fire insurance companies; providing for notice of a total loss determination; and providing for
perfection of statutory lien and release under certain conditions."
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. 140, Authorizing Department of Commerce promulgate legislative rules;
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. 374),
and there were--yeas 90, nays 7, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes, Cowles, Faircloth, Gearheart, Howell, Lane and Sobonya.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 140) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 375), and there were--yeas 92, nays
5, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Ellington, Faircloth, Folk, Howell and Shott.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
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. 140) 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. 204, Relating to crime victims compensation awards; on third reading,
coming up in regular order, with amendments pending and further right to amend, was, at the request
of Delegate White, and by unanimous consent, placed at the foot of bills on third reading.
Com. Sub. for S. B. 253, Clarifying code for Community-Based Pilot Demonstration Project
to Improve Outcomes for At-Risk Youth; 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. 376),
and there were--yeas 97, nays none, absent and not voting 3, with and absent and not voting being as
follows:
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 253) 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. 267, Ensuring state courts jurisdiction of fraudulent or unauthorized
purchasing card use; 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. 377),
and there were--yeas 97, nays none, absent and not voting 3, with and absent and not voting being as
follows:
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 267) 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. 306, Budget Bill; 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. 378),
and there were--yeas 81, nays 16, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Cowles, Ellington, Espinosa, Faircloth, Ferns, Folk, Gearheart,
Householder, Howell, Kump, Lane, Overington, R. Smith and Walters.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 306) passed.
Delegate White moved that the bill take effect July 1, 2014.
On this question, the yeas and nays were taken
(Roll No. 379), and there were--yeas 85, nays
11, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Armstead, Espinosa, Faircloth, Ferns, Folk, Gearheart, Householder, Howell, Kump,
Moore and R. Smith.
Absent and Not Voting: Longstreth, J. Nelson, Pino and Raines.
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. 306) takes effect July 1, 2014.
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. 307, Authorizing community corrections programs to operate pretrial
release program; on third reading, coming up in regular order, was read a third time.
Delegate Marcum requested to be excused from voting on the passage of Com. Sub. for S.B.
307 under the provisions of House Rule 49.
The Speaker replied that the Delegate was a member of a class of persons possibly to be
affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and refused to excuse the Gentleman from voting.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 380),
and there were--yeas 89, nays 8, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Butler, Cowles, Frich, Howell, Ireland and Walters.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 307) passed.
An amendment to the title of the bill, recommended by the Committee on the Judiciary, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 307 - "A Bill to amend and reenact §51-10-1, §51-10-2, §51-10-3,
§51-10-4, §51-10-5, §51-10-6, §51-10-7, §51-10-8, §51-10-9 and §51-10-10; to amend said code by
adding thereto a new section, designated §51-10-5a, to amend and reenact §62-11C-5 and §62-11C-7
of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new
article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all relating to the
disposition of persons charged with committing a crime; regulating bail bondsmen in criminal cases;
prohibiting certain conduct by bail bondsmen; regulating fees charged by bail bondsmen; requiring
the posting of the names of licensed bail bondsmen; authorizing the Commissioner of the West
Virginia Insurance Commission to regulate bail bondsmen; authorizing the Insurance Commissioner
to proposed legislative rules; updating penalties for violations; requiring judges and magistrates to
enforce the provisions of law related to the regulation of bail bondsmen; authorizing pretrial release
programs; permitting certain fees to be assessed to county commissions; permitting certain fees to be
assessed to persons on pretrial release upon subsequent conviction; stating applicability of pretrial
release programs; establishing guidelines for pretrial release programs; providing for potential funding
sources; requiring community pretrial committees to recommend release of certain persons facing
criminal charges who are in regional jails prior to adjudication; setting forth the duties of pretrial release programs; clarifying that a circuit judge or a magistrate may impose a secured bond on
participants in pretrial release programs; and removing 'day fine programs' from the list of authorized
community corrections programs."
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. 315, Clarifying use of certain funds under Military Authority Act; on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 381),
and there were--yeas 97, nays none, absent and not voting 3, with the nays and absent and not voting
being as follows:
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 315) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 382), 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: Longstreth, J. Nelson and Raines.
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. 315) 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. 317, Relating to municipal firearm laws; 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. 383),
and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Guthrie, M. Poling, Poore, Skinner and Wells.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 317) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 384), and there were--yeas 92, nays
5, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Guthrie, M. Poling, Poore, Skinner and Wells.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
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. 317) 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. 344, Expiring funds from State Fund, General Revenue, and making
supplemental appropriations to various agencies; on third reading, coming up in regular order, was
read a third time.
Delegates Ashley, Ellem and Poore requested to be excused from voting on the passage of
Com. Sub. for S. B. 344 under the provisions of House Rule 49.
The Speaker replied that the Delegates were members of a class of persons possibly to be
affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and
refused to excuse the Members from voting.
On the passage of the bill, the yeas and nays were taken
(Roll No. 385), and there were--yeas
95, nays 2, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Espinosa and Householder.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
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. 344) passed.
On motion of Delegate Boggs, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 344 - "A Bill expiring funds to the unappropriated surplus balance in the
State Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $7,000,000
from the Joint Expenses, fund 0175, fiscal year 2008, organization 2300, activity 642, in the amount
of $409,167.60 from the Department of Commerce, Division of Tourism, fund 0246, fiscal year 2005,
organization 0304, activity 859, and in the amount of $261,246.01 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307,
activity 075, and in the amount of $5,999.39 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2000, organization 0307, activity 131, and in the amount
of $58,527.20 from the Department of Commerce, West Virginia Development Office, fund 0256,
fiscal year 2001, organization 0307, activity 131, and in the amount of $154,061.74 from the
Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002,
organization 0307, activity 131, and in the amount of $257,617.06 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307,
activity 131, and in the amount of $209,609.04 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2004, organization 0307, activity 131, and in the amount
of $145,560.18 from the Department of Commerce, West Virginia Development Office, fund 0256,
fiscal year 2005, organization 0307, activity 131, and in the amount of $131,792.70 from the
Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006,
organization 0307, activity 131, and in the amount of $198,809.53 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307,
activity 266, and in the amount of $65,804.47 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2004, organization 0307, activity 266, and in the amount
of $26,183.53 from the Department of Commerce, West Virginia Development Office, fund 0256,
fiscal year 2005, organization 0307, activity 266, and in the amount of $250,000 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006, organization 0307,
activity 266, and in the amount of $11,758.05 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2001, organization 0307, activity 480, and in the amount
of $62,039.15 from the Department of Commerce, West Virginia Development Office, fund 0256,
fiscal year 2002, organization 0307, activity 480, and in the amount of $25,265 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307,
activity 480, and in the amount of $124,338.34 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2004, organization 0307, activity 480, and in the amount
of $123,100 from the Department of Commerce, West Virginia Development Office, fund 0256,
fiscal year 2005, organization 0307, activity 480, and in the amount of $140,830.80 from the
Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2006,
organization 0307, activity 480, and in the amount of $47,113.16 from the Department of Commerce,
West Virginia Development Office, fund 0256, fiscal year 2001, organization 0307, activity 819, and
in the amount of $223,665.85 from the Department of Commerce, West Virginia Development
Office, fund 0256, fiscal year 2002, organization 0307, activity 819, and in the amount of $44,007.60
from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003,
organization 0307, activity 819, and in the amount of $123,230.47 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307,
activity 819, and in the amount of $742,930.92 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2005, organization 0307, activity 819, and in the amount
of $539,290.37 from the Department of Commerce, West Virginia Development Office, fund 0256,
fiscal year 2006, organization 0307, activity 819, and $334,180.67 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307,
activity 900, and in the amount of $650,000 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2011, organization 0307, activity 941, and in the amount
of $461.83 from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2002, organization 0506, activity 803, and in the amount of $10,489.51
from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund
0525, fiscal year 2003, organization 0506, activity 803, and in the amount of $8,056.23 from the
Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2004, organization 0506, activity 803, and in the amount of $13,718.82 from the Department of
Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2005,
organization 0506, activity 803, and in the amount of $0.70 from the Department of Health and
Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2006, organization
0506, activity 803, and in the amount of $24,307.51 from the Department of Health and Human
Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2007, organization 0506,
activity 803, and in the amount of $6,600.22 from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2008, organization 0506, activity 803, and
in the amount of $76,423.45 from the Department of Health and Human Resources, Consolidated
Medical Service Fund, fund 0525, fiscal year 2009, organization 0506, activity 803, and in the amount
of $211,730.74 from the Department of Health and Human Resources, Consolidated Medical Service
Fund, fund 0525, fiscal year 2010, organization 0506, activity 803, and in the amount of $150,334.97
from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund
0525, fiscal year 2011, organization 0506, activity 803, and in the amount of $136,909.29 from the
Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2012, organization 0506, activity 803, and in the amount of $1,974.51 from the Department of
Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2013,
organization 0506, activity 803, and in the amount of $15,640.96 from the Department of Military
Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2009, organization 0601,
activity 953, and in the amount of $240,051.69 from the Department of Military Affairs and Public
Safety, Office of the Secretary, fund 0430, fiscal year 2010, organization 0601, activity 953, and in
the amount of $215,075.18 from the Department of Military Affairs and Public Safety, Office of the Secretary, fund 0430, fiscal year 2011, organization 0601, activity 953, and in the amount of
$871,905.27 from the Department of Military Affairs and Public Safety, Division of Juvenile
Services, fund 0570, fiscal year 2012, organization 0621, activity 818, and in the amount of
$870,992.77 from the Department of Military Affairs and Public Safety, Division of Juvenile
Services, fund 0570, fiscal year 2013, organization 0621, activity 818, and in the amount of
$2,250,000 from the Auditors Office, Purchasing Card Administration Fund, fund 1234, fiscal year
2014, organization 1200, and in the amount of $3,000,000 from the Secretary of State, General
Administrative Fees Account, fund 1617, fiscal year 2014, organization 1600, and in the amount of
$200,000 from the Department of Administration, Office of the Secretary, State Employee Sick Leave
Fund, fund 2045, fiscal year 2014, organization 0201, and in the amount of $200,000 from the
Department of Administration, Division of General Services, Capitol Complex Parking Garage Fund,
fund 2461, fiscal year 2014, organization 0211, and in the amount of $4,737,257 from the Department
of Administration, Board of Risk Insurance and Management, Premium Tax Savings Fund, fund
2367, fiscal year 2014, organization 0218, and in the amount of $500,000 from the Department of
Administration, Surplus Property, Sale of State Surplus Property Fund, fund 2281, fiscal year 2014,
organization 0214, and in the amount of $500,000 from the Department of Administration, Division
of Purchasing, Purchasing Improvement Fund, fund 2264, fiscal year 2014, organization 0213, and
in the amount of $2,000,000 from the Department of Administration, Division of Personnel, Division
of Personnel Fund, fund 2440, fiscal year 2014, organization 0222, and in the amount of $45,607.91
from the Department of Military Affairs and Public Safety, Office of the Secretary, Secretary of
Military Affairs and Public Safety Lottery Fund, fund 6005, fiscal year 2014, organization 0601, and
in the amount of $200,000 from the Department of Revenue, Division of Financial Institutions,
Assessment and Examination Fund, fund 3041, fiscal year 2014, organization 0303, and in the
amount of $724,487.42 from the Department of Revenue, Lottery Commission, Revenue Center
Construction Fund, fund 7209, fiscal year 2014, organization 0705, and in the amount of $7,500,000
from the Department of Revenue, Lottery Commission, Operating and Expense Fund, fund 7200, fiscal year 2014, organization 0705, and in the amount of $2,008,911.50 from the Department of
Revenue, Racing Commission, Administration, Promotion, Education, Capital Improvement and
Greyhound Adoption Programs to include Spaying and Neutering Account, fund 7307, fiscal year
2014, organization 0707, and making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State
Fund, General Revenue
, to the Department of Administration, Public Defender Services, fund 0226,
fiscal year 2014, organization 0221, to the Department of Commerce, Division of Natural Resources,
fund 0265, fiscal year 2014, organization 0310, to the Department of Health and Human Resources,
Division of Health, Central Office, fund 0407, fiscal year 2014, organization 0506, to the Department
of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2014,
organization 0506, to the Department of Health and Human Resources, Division of Human Services,
fund 0403, fiscal year 2014, organization 0511, to the Department of Military Affairs and Public
Safety, West Virginia Parole Board, fund 0440, fiscal year 2014, organization 0605, to the
Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund
0450, fiscal year 2014, organization 0608, to the Bureau of Senior Services, fund 0420, fiscal year
2014, organization 0508, and to the Higher Education Policy Commission, Administration - Control
Account, fund 0589, fiscal year 2014, organization 0441, by supplementing and amending the
appropriations for the fiscal year ending June 30, 2014."
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 386), and there were--yeas 96, nays
1, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Householder.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
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. 344) 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. 345, Expiring funds from State Fund, General Revenue, and making
supplementary appropriations to MAPS; 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. 387), and there were--yeas
73, nays 24, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Armstead, Ashley, Border, Butler, Cadle, Cooper, Cowles, Ellington,
Espinosa, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Ireland, Kump, O'Neal,
Overington, Pasdon, Shott, R. Smith and Walters.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
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. 345) 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 to read as follows:
Com. Sub. for S. B. 345 - "A Bill expiring funds to the unappropriated balance in the State
Fund, General Revenue, for the fiscal year ending June 30, 2014, in the amount of $10,000,000 from
the Joint Expenses, fund 0175, fiscal year 2006, organization 2300, activity 642, in the amount of
$10,000,000 from the Joint Expenses, fund 0175, fiscal year 2007, organization 2300, activity 642,
in the amount of $2,293,000 from the Joint Expenses, fund 0175, fiscal year 2008, activity 642, in
the amount of $20,000,000 from Joint Expenses, Joint Expense Lottery Fund, fund 1736, fiscal year
2014, organization 2300, in the amount of $5,707,000 from Joint Expenses, Tax Reduction and
Federal Funding Increased Compliance, fund 1732, fiscal year 2014, organization 2300, in the amount
of $12,000,000 from the Attorney General, Consumer Protection Fund, fund 1509, fiscal year 2014,
organization 1500, and in the amount of $10,000,000 from the Department of Revenue, Insurance
Commissioner, Insurance Commission Fund, fund 7152, fiscal year 2014, organization 0704, and
making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the
Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, and
to the Department of Military Affairs and Public Safety, Division of Juvenile Services, by
supplementing and amending the appropriations for the fiscal year ending June 30, 2014."
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 388), and there were--yeas 78, nays
19, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Anderson, Ashley, Border, Butler, Cadle, Cooper, Cowles, Ellington, Espinosa,
Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Kump, R. Smith, Walters and Westfall.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
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. 345) 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. 350, Requiring Agriculture Commissioner propose legislative rules for Rural
Rehabilitation Loan 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. 389),
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: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 350) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 390), 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: Longstreth, J. Nelson and Raines.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 350) 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. 353, Relating to timber theft in state forests; 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. 391),
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: Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 353) passed.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 353 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §19-1A-3b, relating to creating the offense of timber theft
from state forests; providing the Division of Forestry authority to investigate and enforce timber theft
violations in state forests for research and investigative purposes; directing the Division of Forestry
to create and maintain a central registry of information relating to timber theft from state forests; and
setting forth criminal and civil penalties."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 359, Removing hand canvassing requirements of electronic voting machines; 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. 392),
and there were--yeas 89, nays 7, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Cowles, Ellem, Frich, Gearheart, Howell, Manypenny and Walters.
Absent and Not Voting: Barill, Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 359) passed.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
S. B. 359 - "A Bill to amend and reenact §3-4A-28 of the Code of West Virginia, 1931, as
amended, relating to the post-election canvassing of votes involving electronic voting systems;
reducing the number of precincts to be chosen at random for a manual count."
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 393), and there were--yeas 94, nays
3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Frich, Gearheart and Manypenny.
Absent and Not Voting: Longstreth, J. Nelson and Raines.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 359) 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. 365, Excepting certain Ethics Act provisions for elected conservation
district supervisors; 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. 394),
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: Barill, Longstreth, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 365) passed.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 365 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §19-21A-4a, relating to administration of West Virginia
Conservation Agency programs; providing that elected conservation district supervisors have their
applications to participate in West Virginia Conservation Agency programs evaluated and considered
by other conservation districts; and requiring the State Conservation Committee to propose rules for
legislative approval."
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 395), and there were--yeas 97, nays
none, absent and not voting 3, with the nays and absent and not voting being as follows:
Absent and Not Voting: Longstreth, J. Nelson and Raines.
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. 365) 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. 379, Reclassifying counties.
Delegate P. Smith requested to be excused from voting on the passage of Com. Sub. for S. B.
379 under the provisions of House Rule 49.
The Speaker replied that the Delegate was a member of a class of persons possibly to be
affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and
refused to excuse the Member from voting.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 396),
and there were--yeas 73, nays 25, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Barrett, Cowles, Ellington, Espinosa, Faircloth, Ferns, Folk, Frich,
Gearheart, Hamrick, Householder, Howell, Kump, Lane, Lawrence, Manypenny, Miller, Overington,
Shott, P. Smith, R. Smith, Sobonya and Storch.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 379) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 397), and there were--yeas 79, nays
19, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Barrett, Cowles, Ellington, Espinosa, Faircloth, Folk, Frich, Gearheart,
Hamrick, Householder, Howell, Kump, Lane, Lawrence, Overington, Shott, P. Smith and R. Smith.
Absent and Not Voting: J. Nelson and Raines.
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. 379) 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.
Messages from the Senate
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. 4208, Banning synthetic hallucinogens.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §60A-1-101 of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that §60A-2-204, §60A-2-206, §60A-2-208, §60A-2-210 and §60A-2-212 of said code be
amended and reenacted; and that §60A-3-308 of said code be amended and reenacted, all to read as
follows:
ARTICLE 1. DEFINITIONS.
§60A-1-101. Definitions.
As used in this act:
(a) Administer means the direct application of a controlled substance whether by injection,
inhalation, ingestion or any other means to the body of a patient or research subject by:
(1) A practitioner (or, in his
or her presence, by his
or her authorized agent); or
(2) The patient or research subject at the direction and in the presence of the practitioner.
(b) Agent means an authorized person who acts on behalf of or at the direction of a
manufacturer, distributor or dispenser. It does not include a common or contract carrier, public
warehouseman or employee of the carrier or warehouseman.
(c) Analogue means a substance that, in relation to a controlled substance, has a substantially
similar chemical structure.
(d) Bureau means the Bureau of Narcotics and Dangerous Drugs, United States Department
of Justice or its successor agency.
(e) Controlled substance means a drug, substance or immediate precursor in Schedules I
through V of article two of this chapter.
(f) Counterfeit substance means a controlled substance which, or the container or labeling of
which, without authorization, bears the trademark, trade name or other identifying mark, imprint,
number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the
person who in fact manufactured, distributed or dispensed the substance.
(g) Imitation controlled substance means: (1) A controlled substance which is falsely
represented to be a different controlled substance; (2) a drug or substance which is not a controlled
substance but which is falsely represented to be a controlled substance; or (3) a controlled substance
or other drug or substance or a combination thereof which is shaped, sized, colored, marked,
imprinted, numbered, labeled, packaged, distributed or priced so as to cause a reasonable person to
believe that it is a controlled substance.
(h) Deliver or delivery means the actual, constructive or attempted transfer from one person
to another of: (1) A controlled substance, whether or not there is an agency relationship; (2) a
counterfeit substance; or (3) an imitation controlled substance.
(i) Dispense means to deliver a controlled substance to an ultimate user or research subject
by or pursuant to the lawful order of a practitioner, including the prescribing, administering,
packaging, labeling or compounding necessary to prepare the substance for that delivery.
(j) Dispenser means a practitioner who dispenses.
(k) Distribute means to deliver, other than by administering or dispensing, a controlled
substance, a counterfeit substance or an imitation controlled substance.
(l) Distributor means a person who distributes.
(m) Drug means: (1) Substances recognized as drugs in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National
Formulary, or any supplement to any of them; (2) substances intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in man or animals; (3) substances (other than food)
intended to affect the structure or any function of the body of man or animals; and (4) substances
intended for use as a component of any article specified in
clause subdivision (1), (2) or (3) of this
subdivision subdivision. It does not include devices or their components, parts or accessories.
(n) Immediate derivative means a substance which
the West Virginia Board of Pharmacy has
found to be and by rule designates as being is the principal compound or any analogue of the parent
compound manufactured from a known controlled substance primarily for use and which has equal
or similar pharmacologic activity as the parent compound which is necessary to prevent, curtail or
limit manufacture.
(o) Immediate precursor means a substance which
the West Virginia Board of Pharmacy
(hereinafter in this act referred to as the State Board of Pharmacy) has found to be and by rule
designates as being is the principal compound commonly used or produced primarily for use and
which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.
(p) Manufacture means the production, preparation, propagation, compounding, conversion
or processing of a controlled substance, either directly or indirectly or by extraction from substances
of natural origin, or independently by means of chemical synthesis, or by a combination of extraction
and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include the preparation, compounding,
packaging or labeling of a controlled substance:
(1) By a practitioner as an incident to his
or her administering or dispensing of a controlled
substance in the course of his
or her professional practice; or
(2) By a practitioner, or by his
or her authorized agent under his
or her supervision, for the
purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.
(q) Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the
seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt,
immediate derivative, mixture or preparation of the plant, its seeds or resin. It does not include the
mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, immediate derivative, mixture or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which
is incapable of germination.
(r) Narcotic drug means any of the following, whether produced directly or indirectly by
extraction from substances of vegetable origin or independently by means of chemical synthesis, or
by a combination of extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, immediate derivative or preparation of opium
or opiate.
(2) Any salt, compound, isomer, immediate derivative or preparation thereof which is
chemically equivalent or identical with any of the substances referred to in paragraph (1) of this
subdivision, but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, immediate derivative or preparation of coca leaves
and any salt, compound, isomer, immediate derivative or preparation thereof which is chemically
equivalent or identical with any of these substances, but not including decocainized coca leaves or
extractions of coca leaves which do not contain cocaine or ecgonine.
(s) Opiate means any substance having an addiction-forming or addiction-sustaining liability
similar to morphine or being capable of conversion into a drug having addiction-forming or
addiction-sustaining liability. It does not include, unless specifically designated as controlled under
section two hundred one, article two of this chapter, the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does not include its racemic and
levorotatory forms.
(t) Opium poppy means the plant of the species Papaver somniferum L., except its seeds.
(u) Person means individual, corporation, government or governmental subdivision or agency,
business trust, estate, trust, partnership or association, or any other legal entity.
(v) Placebo means an inert medicament or preparation administered or dispensed for its
psychological effect, to satisfy a patient or research subject or to act as a control in experimental
series.
(w) Poppy straw means all parts, except the seeds, of the opium poppy after mowing.
(x) Practitioner means:
(1) A physician, dentist, veterinarian, scientific investigator or other person licensed,
registered or otherwise permitted to distribute, dispense, conduct research with respect to, or to
administer a controlled substance in the course of professional practice or research in this state.
(2) A pharmacy, hospital or other institution licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect to, or to administer a controlled substance in the
course of professional practice or research in this state.
(y) Production includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.
(z) State, when applied to a part of the United States, includes any state, district,
commonwealth, territory, insular possession thereof and any area subject to the legal authority of the
United States of America.
(aa) Ultimate user means a person who lawfully possesses a controlled substance for his
or
her own use or for the use of a member of his
or her household or for administering to an animal
owned by him
or her or by a member of his
or her household.
ARTICLE 2. STANDARDS AND SCHEDULES.
§60A-2-204. Schedule I.
(a) Schedule I shall consist of the drugs and other substances, by whatever official name,
common or usual name, chemical name, or brand name designated, listed in this section.
(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers,
whenever the existence of such isomers, esters, ethers and salts is possible within the specific
chemical designation (for purposes of subdivision (34) of this subsection only, the term isomer
includes the optical and geometric isomers):
(1)Acetyl-alpha-methylfentanyl (?[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylaceta-
mide);
(2) Acetylmethadol;
(3) Allylprodine;
(4)Alphacetylmethadol (except levoalphacetylmethadol also known as levo-alpha-acetyl-
methadol, levomethadyl acetate, or LAAM);
(5) Alphameprodine;
(6) Alphamethadol;
(7)Alpha-methylfentanyl (?[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide;
1-(1-methyl-2-phenylethyl)-4-(- propanilido) piperidine);
(8) Alpha-methylthiofentanyl (?[1-methyl-2-(2-thienyl) ethyl- 4-piperidinyl]-N-phenyl-
propanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl (?[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenyl-
propanamide);
(12) Beta-hydroxy-3-methylfentanyl (other name: ?[1-(2- hydroxy-2-phenethyl)-3-methyl-4-
piperidinyl]-N-phenylpropanamide);
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-Methylfentanyl (?[3-methyl-1-(2-phenylethyl)-4- piperidyl]-N-phenylpropanamide);
(35) 3-methylthiofentanyl (?[3-methyl-1-(2-thienyl) ethyl-4- piperidinyl]-N-phenyl-
propanamide);
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl (?(4-fluorophenyl)-?[1-(2-phenethyl)-4-piperidinyl] propanamide);
(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4- piperidinyl]-propanamide);
(54) Tilidine;
(55) Trimeperidine.
(c)
Opium derivatives. -- Unless specifically excepted or unless listed in another schedule, any
of the following opium immediate derivatives, its salts, isomers and salts of isomers whenever the
existence of such salts, isomers and salts of isomers is possible within the specific chemical
designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except HCl Salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
(17) Morphine-N-Oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicomorphine;
(21) Normorphine;
(22) Pholcodine;
(23) Thebacon.
(d)
Hallucinogenic substances. -- Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture or preparation, which contains any quantity of the
following hallucinogenic substances, or which contains any of its salts, isomers and salts of isomers,
whenever the existence of such salts, isomers, and salts of isomers is possible within the specific
chemical designation (for purposes of this subsection only, the term isomer includes the optical,
position and geometric isomers):
(1) Alpha-ethyltryptamine; some trade or other names: etryptamine; Monase;
alpha-ethyl-1H-indole-3-ethanamine; 3-(2- aminobutyl) indole; alpha-ET; and AET;
(2) 4-bromo-2, 5-dimethoxy-amphetamine; some trade or other names:
4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo- 2,5-DMA;
(3) 4-Bromo-2,5-dimethoxyphenethylamine; some trade or other names:
2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha- desmethyl DOB; 2C-B, Nexus;
(4) 2,5-dimethoxyamphetamine; some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA;
(5) 2,5-dimethoxy-4-ethylamphet-amine; some trade or other names: DOET;
(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name: 2C-T-7);
_____(6) (7) 4-methoxyamphetamine; some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA;
(7) (8) 5-methyloxy-3 5-methoxy-3, 4-methylenedioxy-amphetamine;
(8) (9) 4-methyl-2,5-dimethoxy-amphetamine; some trade and other names:
4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; DOM; and STP;
(9) (10) 3,4-methylenedioxy amphetamine;
(10) (11) 3,4-methylenedioxymethamphetamine (MDMA);
(11) (12) 3,4-methylenedioxy-N-ethylamphetamine (also known as - ethyl-alpha-methyl-3,4
(methylenedioxy) phenethylamine, N-ethyl MDA, MDE, MDEA);
(12) (13) N-hydroxy-3,4-methylenedioxyamphetamine (also known as -
hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and - hydroxy MDA);
(13) (14) 3,4,5-trimethoxy amphetamine;
(15) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
_____(16) Alpha-methyltryptamine (other name: AMT);
_____(14) (17) Bufotenine; some trade and other names: 3-(beta-Dimethy-
laminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
5-hydroxy-N,N- dimethyltryptamine; mappine;
(15) (18) Diethyltryptamine; sometrade and other names: N, N-Diethyltryptamine; DET;
(16) (19) Dimethyltryptamine; some trade or other names: DMT;
(20) 5-Methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT);
_____(17) (21) Ibogaine; some trade and other names: 7-Ethyl-6, 6 Beta, 7, 8, 9, 10, 12,
13-octahydro-2-methoxy-6, 9-methano-5H- pyrido [1, 2: 1, 2] azepino [5,4-b] indole; Tabernanthe
iboga;
(18) (22) Lysergic acid diethylamide;
(19) (23) Marihuana;
(20) (24) Mescaline;
(21) (25) Parahexyl-7374; some trade or other names: 3-Hexyl -1-hydroxy-7, 8, 9,
10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b,d] pyran; Synhexyl;
(22) (26) Peyote; meaning all parts of the plant presently classified botanically as Lophophora
williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant,
and every compound, manufacture, salts, immediate derivative, mixture or preparation of such plant,
its seeds or extracts;
(23) (27) N-ethyl-3-piperidyl benzilate;
(24) (28) N-methyl-3-piperidyl benzilate;
(25) (29) Psilocybin;
(26) (30) Psilocyn;
(27) (31) Tetrahydrocannabinols; synthetic equivalents of the substances contained in the
plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, immediate
derivatives and their isomers with similar chemical structure and pharmacological activity such as the
following:
delta-1 Cis or trans tetrahydrocannabinol, and their optical isomers;
delta-6 Cis or trans tetrahydrocannabinol, and their optical isomers;
delta-3,4 Cis or trans tetrahydrocannabinol, and its optical isomers;
(Since nomenclature of these substances is not internationally standardized, compounds of
these structures, regardless of numerical designation of atomic positions covered.)
(28) (32) Ethylamine analog of phencyclidine; some trade or other names:
N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, ?(1-phenylcyclohexyl)
ethylamine, cyclohexamine, PCE;
(29) (33) Pyrrolidine analog of phencyclidine; some trade or other names:
1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
(30) (34) Thiophene analog of phencyclidine; some trade or other names:
1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine; TPCP, TCP;
(31) (35) 1[1-(2-thienyl)cyclohexyl]pyrroldine; some other names: TCPy.
_____(36) 4-methylmethcathinone (Mephedrone);
_____(37) 3,4-methylenedioxypyrovalerone (MDPV);
_____(38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
_____(39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D)
_____(40) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C)
_____(41) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I)
_____(42) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2) ________
(43)2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4)
_____(44) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H)
_____(45) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N)
_____(46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P)
_____(47) 3,4-Methylenedioxy-N-methylcathinone (Methylone)
_____(48) (2,5-dimethoxy-4-(n)-propyltghiophenethylamine (2C-T-7, itsoptical isomers, salts and
salts of isomers
_____(49) 5-methoxy-N,N-dimethyltryptamine some trade or other names: 5-meth-
oxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT(5-MeO-DMT)
_____(50) Alpha-methyltryptamine (other name: AMT)
_____(51) 5-methoxy-N,N-diisopropyltryptamine (other name: 5-MeO-DIPT)
_____(52) Synthetic Cannabinoids as follows:
_____(A) 2-[(1R,3S)-3-hydroxycyclohexyl]-5- (2-methyloctan-2-yl)phenol) {also known as CP
47,497 and homologues};
(B) rel-2-[(1S,3R)-3-hydroxycyclohexyl] -5-(2-methylnonan-2-yl)phenol {also known as CP
47,497-C8 homolog};
(C) [(6a
R)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,
7,10,10a-tetrahydrobenzo[c]chromen-1-ol)] {also known as HU-210};
(D) (dexanabinol, (6a
S,10a
S)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,
10,10a-tetrahydrobenzol[c]chromen-1-ol) {also known as HU-211};
(E) 1-Pentyl-3-(1-naphthoyl)indole {also known as JWH-018};
(F) 1-Butyl-3-(1-naphthoyl)indole {also known as JWH-073};
(G) (2-methyl-1-propyl-1H-indol-3-yl)-1-napthalenyl-methanone {also known as JWH-015};
(H) (1-hexyl-1H-indol-3-yl)-1-naphthalenyl-methanone {also known as JWH-019};
(I) [1-[2-(4-morpholinyl) ethyl] -1H-indol-3-yl]-1-naphthalenyl-methanone {also known as
JWH-200};
(J) 1-(1-pentyl-1H-indol-3-yl)-2-(3-hydroxyphenyl)-ethanone {also known as JWH-250};
(K) 2-((1S,2S,5S)-5-hydroxy-2- (3-hydroxtpropyl)cyclohexyl) -5-(2-methyloctan-2-yl)phenol
{also known as CP 55,940};
(L) (4-methyl-1-naphthalenyl) (1-pentyl-1H-indol-3-yl) -methanone {also known as
JWH-122};
(M) (4-methyl-1-naphthalenyl) (1-pentyl-1H-indol-3-yl) -methanone {also known as
JWH-398;
(N) (4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone {also known as RCS-4};
(O) 1-(1-(2-cyclohexylethyl) -1H-indol-3-yl) -2-(2-methoxyphenyl) ethanone {also known as
RCS-8};
and
(P) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);
_____(Q) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201); and
_____(R) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694).
_____(Since nomenclature of these substances is not internationally standardized, any immediate
precursor or immediate derivative of these substances shall be covered).
(53)Synthetic cannabinoids or any material, compound, mixture or preparation which contains
any quantity of the following substances, including their analogues, congeners, homologues, isomers,
salts and salts of analogues, congeners, homologues and isomers, as follows:
_____(A) CP 47,497 AND homologues, 2-[(1R,3S)-3- Hydroxycyclohexyl]-5-(2-methyloctan-2-YL)
phenol);
_____(B) HU-210, [(6AR,10AR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-Methyloctan-2-YL)-6A,7,
10, 10A-tetrahydrobenzo[C] chromen-1-OL)];
_____(C) HU-211, (dexanabinol, (6AS,10AS)-9-(hydroxymethyl)-6,6-Dimethyl-3-(2-methyloctan
-2-YL)-6A,7,10,10atetrahydrobenzo[ C]chromen-1-OL);
_____(D) JWH-018, 1-pentyl-3-(1-naphthoyl)indole;
_____(E) JWH-019, 1-hexyl-3-(1-naphthoyl)indole;
_____(F) JWH-073, 1-butyl-3-(1-naphthoyl)indole;
_____(G) JWH-200, (1-(2-morpholin-4-ylethyl)indol-3-yl)- Naphthalen-1-ylmethanone;
_____(H) JWH-250, 1-pentyl-3-(2-methoxyphenylacetyl)indole.]
(54) Synthetic cannabinoids including any material, compound, mixture or preparation that
is not listed as a controlled substance in Schedule I through V, is not a federal Food and Drug
Administration approved drug or used within legitimate and approved medical research and which
contains any quantity of the following substances, their salts, isomers, whether optical positional or
geometric, analogues, homologues and salts of isomers, analogues and homologues, unless
specifically exempted, whenever the existence of these salts, isomers, analogues, homologues and
salts of isomers, analogues and homologues if possible within the specific chemical designation:
(A) Tetrahydrocannabinols meaning tetrahydrocannabinols which are naturally contained in
a plant of the genus cannabis as well as synthetic equivalents of the substances contained in the plant
or in the resinous extractives of cannabis or synthetic substances, derivatives and their isomers with
analogous chemical structure and or pharmacological activity such as the following:
(i) DELTA-1 CIS OR trans tetrahydrocannabinol and their Optical isomers.
(ii) DELTA-6 CIS OR trans tetrahydrocannabinol and their optical isomers.
(iii) DELTA-3,4 CIS or their trans tetrahydrocannabinol and their optical isomers.
(B) Naphthoylindoles or any compound containing a 3-(-1- Napthoyl) indole structure with
substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring
to any extent and whether or not substituted in the naphthyl ring to any extent. This shall include the
following:
(i) JWH 015;
(ii) JWH 018;
(iii) JWH 019;
(iv) JWH 073;
(v) JWH 081;
(vi) JWH 122;
(vii) JWH 200;
(viii) JWH 210;
(ix) JWH 398;
(x) AM 2201;
(xi) WIN 55,212.
(55) Naphylmethylindoles or any compound containing a 1hindol-3-yl-(1-naphthyl) methane
structure with a substition at the nitrogen atom of the indole ring whether or not further substituted
in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This
shall include, but not be limited to, JWH 175 and JWH 184.
(56) Naphthoylpyrroles or any compound containing a 3-(1- Naphthoyl) pyrrole structure with
substitution at the nitrogen atom of the pyrrole ring whether or not further substituted in the pyrrole
ring to any extent and whether or not substituted in the naphthyl ring to any extent. This shall include,
but not be limited to, JWH 147 and JWH 307.
(57) Naphthylmethylindenes or any compound containing a Naphthylideneindene structure
with substitution at the 3- Position of the indene ring whether or not further substituted in the indene
ring to any extent and whether or not substituted in the naphthyl ring to any extent. This shall include,
but not be limited to, JWH 176.
(58) Phenylacetylindoles or any compound containing a 3- Phenylacetylindole structure with
substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring
to any extent and whether or not substituted in the phenyl ring to any extent. This shall include the
following:
(A) RCS-8, SR-18 OR BTM-8;
(B) JWH 250;
(C) JWH 203;
(D) JWH 251;
(E) JWH 302.
(59) Cyclohexylphenols or any compound containing a 2-(3- hydroxycyclohexyl) phenol
structure with a substitution at the 5-position of the phenolic ring whether or not substituted in the
cyclohexyl ring to any extent. This shall include the following:
(A) CP 47,497 and its homologues and analogs;
(B) Cannabicyclohexanol;
(C) CP 55,940.
(60) Benzoylindoles or any compound containing a 3-(benzoyl) indole structure with
substitution at the nitrogren atom of the indole ring whether or not further substituted in the indole
ring to any extent and whether or not substituted in the phenyl ring to any extent. This shall include
the following:
(A) AM 694;
(B) Pravadoline WIN 48,098;
(C) RCS 4;
(D) AM 679.
(61) [2,3-dihydro-5 methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-DE]-1,
4-benzoxazin-6-YL]-1-napthalenymethanone. This shall include WIN 55,212-2.
(62) Dibenzopyrans or any compound containing a 11-hydroxydelta 8-tetrahydrocannabinol
structure with substitution on the 3-pentyl group. This shall include HU-210, HU-211, JWH 051 and
JWH 133.
(63) Adamantoylindoles or any compound containing a 3-(-1- Adamantoyl) indole structure
with substitution at the nitrogen atom of the indole ring whether or not further substituted in the
adamantoyl ring system to any extent. This shall include AM1248.
(64) Tetramethylcyclopropylindoles or any compound containing A
3-tetramethylcyclopropylindole structure with substitution at the nitrogen atom of the indole ring
whether or not further substituted in the indole ring to any extent and whether or not substituted in
the tetramethylcyclopropyl ring to any extent. This shall include UR-144 and XLR-11.
(65) ?(1-Adamantyl)-1-pentyl-1h-indazole-3-carboxamide. This shall include AKB48.
(66) Any other synthetic chemical compound that is a Cannabinoid receptor type 1 agonist as
demonstrated by binding studies and functional assays that is not listed in Schedules II, III, IV and
V, not federal Food and Drug Administration approved drug or used within legitimate, approved
medical research. Since nomenclature of these substances is not internationally standardized, any
immediate precursor or immediate derivative of these substances shall be covered.
(e)
Depressants. -- Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system, including its salts, isomers and salts of
isomers whenever the existence of such salts, isomers and salts of isomers is possible within the
specific chemical designation:
(1) Mecloqualone;
(2) Methaqualone.
(f)
Stimulants. -- Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including its salts, isomers and salts of
isomers:
(1) Aminorex; some other names: aminoxaphen; 2-amino-5- phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine;
(2) Cathinone; some trade or other names: 2-amino-1-phenyl-1- propanone,
alpha-aminopropiophenone, 2-aminopropiophenone and norephedrone;
(3) Fenethylline;
(4) Methcathinone, its immediate precursors and immediate derivatives, its salts, optical
isomers and salts of optical isomers; some other names: (2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1- one;
alpha-N-methylaminopropiophenone; monomethylpropion; 3,4-methylenedioxypyrovalerone and/or mephedrone; 3,4-methylenedioxypyrovalerone (MPVD); ephedrone; N-methylcathinone;
methylcathinone; AL-464; AL-422; AL- 463 and UR1432;
(5) (+-) cis-4-methylaminorex; ((+-)cis-4,5-dihydro-4-methyl- 5-phenyl-2-oxazolamine);
(6) N-ethylamphetamine;
(7) N,N-dimethylamphetemine; also known as N,N-alpha- trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine.
(8) Alpha-pyrrolidinopentiophenone, also known as alpha-PVP, optical isomers, salts and salts
of isomers.
(g) Temporary listing of substances subject to emergency scheduling. Any material,
compound, mixture or preparation which contains any quantity of the following substances:
(1) ?[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts,
and salts of isomers.
(2)?[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical
isomers, salts and salts of isomers.
(8) (3) N-benzylpiperazine, also known as BZP.
(h) The following controlled substances are included in Schedule I:
_____(1) Synthetic Cathinones or any compound, except bupropion or compounds listed under a
different schedule, or compounds used within legitimate and approved medical research, structurally
derived from 2- Aminopropan-1-one by substitution at the 1-position with Monocyclic or fused
polycyclic ring systems, whether or not the compound is further modified in any of the following
ways:
_____(A) By substitution in the ring system to any extent with Alkyl, alkylenedioxy, alkoxy,
haloalkyl, hydroxyl or halide Substituents whether or not further substituted in the ring system by one
or more other univalent substituents.
_____(B) By substitution at the 3-position with an acyclic alkyl substituent.
_____(C) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl or methoxybenzyl groups.
_____(D) By inclusion of the 2-amino nitrogen atom in a cyclic structure.
_____(2) Any other synthetic chemical compound that is a Cannabinoid receptor type 1 agonist as
demonstrated by binding studies and functional assays that is not listed in Schedules II, III, IV and
V, not federal Food and Drug Administration approved drug or used within legitimate, approved
medical research.
§60A-2-206. Schedule II.
(a) Schedule II consists of the drugs and other substances, by whatever official name, common
or usual name, chemical name or brand name designated, listed in this section.
(b)
Substances, vegetable origin or chemical synthesis. -- Unless specifically excepted or
unless listed in another schedule, any of the following substances whether produced directly or
indirectly by extraction from substances of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative or preparation of opium or opiate
excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone
and naltrexone, and their respective salts, but including the following:
(A) Raw opium;
(B) Opium extracts;
(C) Opium fluid;
(D) Powdered opium;
(E) Granulated opium;
(F) Tincture of opium;
(G) Codeine;
(
(H) Dihydroetorphine;
_____(H) (I) Ethylmorphine;
(I) (J) Etorphine hydrochloride;
(J) (K) Hydrocodone;
(K) (L) Hydromorphone;
(L) (M) Metopon;
(M) (N) Morphine;
(O) Oripavine;
_____(N) (P) Oxycodone;
(O) (Q) Oxymorphone;
and
_____(P) (R) Thebaine;
(2) Any salt, compound, derivative or preparation thereof which is chemically equivalent or
identical with any of the substances referred to in subdivision (1) of this subsection, except that these
substances shall not include the isoquinoline alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, derivative or preparation of coca leaves (including
cocaine and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives), and
any salt, compound, derivative or preparation thereof which is chemically equivalent or identical with
any of these substances, except that the substances shall not include decocainized coca leaves or
extractions of coca leaves, which extractions do not contain cocaine or ecgonine;
(5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or
powder form which contains the phenanthrene alkaloids of the opium poppy).
(c)
Opiates. -- Unless specifically excepted or unless in another schedule, any of the following
opiates, including its isomers, esters, ethers, salts and salts of isomers, esters and ethers whenever the
existence of such isomers, esters, ethers and salts is possible within the specific chemical designation,
dextrorphan and levopropoxyphene excepted:
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk dextropropoxyphene (nondosage forms);
(6) Carfentanil;
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11) Levo-alphacetylmethadol; some other names: levo-alpha-acetylmethadol, levomethadyl
acetate, LAAM;
(12) Levomethorphan;
(13) Levorphanol;
(14) Metazocine;
(15) Methadone;
(16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(17) Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;
(18) Pethidine; (meperidine);
(19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4- phenylpiperidine;
(20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(22) Phenazocine;
(23) Piminodine;
(24) Racemethorphan;
(25) Racemorphan;
(26) Remifentanil;
(27) Sufentanil;
and
_____(28) Tapentadol.
(d)
Stimulants. -- Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system:
(1) Amphetamine, its salts, optical isomers and salts of its optical isomers;
(2) Methamphetamine, its salts, isomers and salts of its isomers;
(3) Methylphenidate;
(4) Phenmetrazine and its salts
.; and
_____(5) Lisdexamfetamine.
(e)
Depressants. -- Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system, including its salts, isomers and salts of
isomers whenever the existence of such salts, isomers and salts of isomers is possible within the
specific chemical designation:
(1) Amobarbital;
(2) Glutethimide;
(3) Pentobarbital;
(4) Phencyclidine;
(5) Secobarbital.
(f)
Hallucinogenic substances:
Nabilone: [Another name for nabilone: (+-)-trans-3-(1, 1-dimethylheptyl)-6, 6a, 7, 8, 10,
10a-hexahydro-1-hydroxy-6, 6-dimethyl-9H-dibenzo [b,d] pyran-9-one].
(g)
Immediate precursors. -- Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity of the following
substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(A) Phenylacetone;
(B) Some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl
benzyl ketone;
(2) Immediate precursors to phencyclidine (PCP):
(A) 1-phenylcyclohexylamine;
and
(B) 1-piperidinocyclohexanecarbonitrile (PCC).
_____(3) Immediate precursor to fentanyl:
_____4-anilino-N-phenethyl-4-piperidine (ANPP).
§60A-2-208. Schedule III.
(a) Schedule III consists of the drugs and other substances, by whatever official name,
common or usual name, chemical name or brand name designated, listed in this section.
(b)
Stimulants. -- Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including its salts, isomers (whether optical,
position or geometric) and salts of such isomers whenever the existence of the salts, isomers and salts
of isomers is possible within the specific chemical designation:
(1) Those compounds, mixtures or preparations in dosage unit form containing any stimulant
substances listed in Schedule II which compounds, mixtures or preparations were listed on August
25, 1971, as excepted compounds under 21 C.F.R. §1308.32, and any other drug of the quantitative
composition shown in that list for those drugs or which is the same except that it contains a lesser
quantity of controlled substances;
(2) Benzphetamine;
(3) Chlorphentermine;
(4) Clortermine;
(5) Phendimetrazine.
(6) Hydrocodone.
(c)
Depressants. -- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system:
(1) Any compound, mixture or preparation containing:
(A) Amobarbital;
(B) Secobarbital;
(C) Pentobarbital; or any salt of pentobarbital and one or more other active medicinal
ingredients which are not listed in any schedule;
(2) Any suppository dosage form containing:
(A) Amobarbital;
(B) Secobarbital;
(C) Pentobarbital; or any salt of any of these drugs and approved by the food and drug
administration for marketing only as a suppository;
(3) Any substance which contains any quantity of a derivative of barbituric acid or any salt
of barbituric acid;
(4) Aprobarbital;
_____(5) Butabarbital (secbutabarbital);
_____(6) Butalbital (including, but not limited to, Fioricet);
_____(7) Butobarbital (butethal);
_____(4) (8) Chlorhexadol;
(9) Embutramide;
_____(10) Gamma Hydroxybutryic Acid preparations;
_____(11) Ketamine, its salts, isomers and salts of isomers [Some other names for ketamine:
(+-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone];
_____(5) (12) Lysergic acid;
(6) (13) Lysergic acid amide;
(7) (14) Methyprylon;
(8) (15) Sulfondiethylmethane;
(9) (16) Sulfonethylmethane;
(10) (17) Sulfonmethane;
(18) Thiamylal;
_____(19) Thiopental;
_____(11) (20) Tiletamine and zolazepam or any salt of tiletamine and zolazepam; some trade or
other names for a tiletamine-zolazepam combination product: Telazol; some trade or other names
for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; some trade or other names for zolazepam:
4-(2-flurophenyl)-6, 8-dihydro-1, 3, 8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one,
flupyrazapon;
and
_____(12) Human growth hormones or anabolic steroids.
Ketamine, its salts, isomers and salts of isomers, including ketamine hydrochloride.
(21) Vinbarbital.
(d) Nalorphine.
(e)
Narcotic drugs. -- Unless specifically excepted or unless listed in another schedule:
(1) Any material, compound, mixture or preparation containing any of the following narcotic
drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth
below:
(1) (A) Not more than 1.8 grams of codeine per 100 milliliters and not more than 90
milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(2) (B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams
per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or
not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline
alkaloid of opium;
(4) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
(5) (C) Not more than 1.8 grams of dihydrocodeine per 100 milliliters and not more than 90
milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic
amounts;
(6) (D) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than
15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(7) (E) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not
more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
(8) (F) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with
one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(2) Any material, compound, mixture or preparation containing buprenorphine or its salts
(including, but not limited to, Suboxone).
(f)
Anabolic steroids. -- Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation containing any quantity of anabolic steroids, including
its salts, isomers and salts of isomers whenever the existence of the salts of isomers is possible within
the specific chemical designation.
(g) Human growth hormones.
_____(g) (h) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a
United States food and drug administration approved drug product. (Some other names for
dronabinol: (6aR-trans)-6a, 7, 8, 10a- tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1-
ol or (-)-delta-9-(trans)-tetrahydrocannabinol).
§60A-2-210. Schedule IV.
(a) Schedule IV shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(b)
Narcotic drugs. -- Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation containing any of the following narcotic drugs, or their
salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine
sulfate per dosage unit;
(2) Dextropropoxyphene(alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxy-
butane).
(c)
Depressants. -- Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of the following substances,
including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts
of isomers is possible within the specific chemical designation:
(1) Alprazolam;
(2) Barbital;
(3) Bromazepam;
(4) Camazepam;
(5) Carisoprodol;
(6) Chloral betaine;
(7) Chloral hydrate;
(8) Chlordiazepoxide;
(9) Clobazam;
(10) Clonazepam;
(11) Clorazepate;
(12) Clotiazepam;
(13) Cloxazolam;
(14) Delorazepam;
(15) Diazepam;
(16) Dichloralphenazone;
_____(16) (17) Estazolam;
(17) (18) Ethchlorvynol;
(18) (19) Ethinamate;
(19) (20) Ethyl loflazepate;
(20) (21) Fludiazepam;
(21) (22) Flunitrazepam;
(22) (23) Flurazepam;
(24) Fospropofol;
_____(23) (25) Halazepam;
(24) (26) Haloxazolam;
(25) (27) Ketazolam;
(26) (28) Loprazolam;
(27) (29) Lorazepam;
(28) (30) Lormetazepam;
(29) (31) Mebutamate;
(30) (32) Medazepam;
(31) (33) Meprobamate;
(32) (34) Methohexital;
(33) (35) Methylphenobarbital (mephobarbital);
(34) (36) Midazolam;
(35) (37) Nimetazepam;
(36) (38) Nitrazepam;
(37) (39) Nordiazepam;
(38) (40) Oxazepam;
(39) (41) Oxazolam;
(40) (42) Paraldehyde;
(41) (43) Petrichloral;
(42) (44) Phenobarbital;
(43) (45) Pinazepam;
(44) (46) Prazepam;
(45) (47) Quazepam;
(46) (48) Temazepam;
(47) (49) Tetrazepam;
(48) (50) Triazolam;
(51) Zaleplon;
_____(49) (52) Zolpidem;
(53) Zopiclone.
(d)
Fenfluramine. Any material, compound, mixture or preparation which contains any
quantity of the following substance, including its salts, isomers (whether optical, position or
geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of
isomers is possible: Fenfluramine
and Dexfenfluramine.
(e)
Stimulants. -- Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including its salts, isomers and salts of
isomers:
(1) Cathine ((+)-norpseudoephedrine);
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(6) Mefenorex;
(7) Modafinil;
_____(7) (8) Pemoline (including organometallic complexes and chelates thereof);
(8) (9) Phentermine;
(9) (10) Pipradrol;
(11) Sibutramine;
_____(10) (12) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(f)
Other substances. -- Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of the following substances,
including its salts:
(1) Pentazocine;
(2) Butorphanol;
(3) tramadol hydrochloride.
Amyl nitrite, butyl nitrite, isobutyl nitrite and the other organic nitrites are controlled
substances and no product containing these compounds as a significant component shall be possessed,
bought or sold other than pursuant to a bona fide prescription or for industrial or manufacturing
purposes.
§60A-2-212. Schedule V.
(a) Schedule V shall consist of the drugs and other substances, by whatever official name,
common or usual name, chemical name, or brand name designated, listed in this section.
(b) Narcotic drugs. -- Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation containing any of the following narcotic drugs and their
salts, as set forth below:
(1) Buprenorphine. (c) (b) Narcotic drugs containing nonnarcotic active medicinal ingredients.
Any compound, mixture or preparation containing any of the following narcotic drugs or their salts
calculated as the free anhydrous base or alkaloid in limited quantities as set forth below, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon
the compound, mixture or preparation valuable medicinal qualities other than those possessed by the
narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(6) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine
sulfate per dosage unit.
(d) (c) Stimulants. -- Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system, including its salts,
isomers and salts of isomers:
(1) Pyrovalerone.
(e) (d) Any compound, mixture or preparation containing as its single active ingredient
ephedrine, pseudoephedrine or phenylpropanolamine, their salts or optical isomers, or salts of optical
isomers except products which are for pediatric use primarily intended for administration to children
under the age of twelve:
Provided, That neither the offenses set forth in section four hundred one,
article four of this chapter, nor the penalties therein, shall be applicable to ephedrine, pseudoephedrine
or phenylpropanolamine which shall be subject to the provisions of article ten of this chapter.
(e) Depressants. -- Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system, including its salts:
_____(1) Ezogabine [N-[2-amino-4-94-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester];
_____(2)Lacosamide [(R)-2-acetoamido- N -benzyl-3-methoxy-propionamide];
_____(3) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].
§60A-3-308. Prescriptions.
(a) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate
user, no controlled substance in Schedule II may be dispensed without the lawful prescription of a
practitioner.
(b) In emergency situations, as defined by rule of the said appropriate department, board or
agency, Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly
to writing and filed by the pharmacy. Prescription shall be retained in conformity with the
requirements of section three hundred six of this article. No prescription for a Schedule II substance
may be refilled.
(c) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate
user, a controlled substance included in Schedule III or IV, which is a prescription drug as determined
under appropriate state or federal statute, shall not be dispensed without a lawful prescription of a
practitioner. The prescription shall not be filled or refilled more than six months after the date thereof
or be refilled more than five times unless renewed by the practitioner.
(d) (1) A controlled substance included in Schedule V shall not be distributed or dispensed
other than for a medicinal purpose
: Provided, That buprenorphine shall be dispensed only by
prescription pursuant to subsections (a), (b) and (c) of this section:
Provided, however, That the
controlled substances included in subsection (e), section two hundred twelve, article two of this
chapter shall be dispensed, sold or distributed only by a physician, in a pharmacy by a pharmacist or
pharmacy technician, or health care professional.
(2) If the substance described in subsection (e), section two hundred twelve, article two of this
chapter is dispensed, sold or distributed in a pharmacy:
(A) The substance shall be dispensed, sold or distributed only by a pharmacist or a pharmacy
technician; and
(B) Any person purchasing, receiving or otherwise acquiring any such substance shall produce
a photographic identification issued by a state or federal governmental entity reflecting his or her date
of birth.
(e) Notwithstanding any provision of this code to the contrary, on or after September 1, 2012,
any practitioner or entity prescribing or dispensing a combination of buprenorphine and naloxone to
treat opioid addiction shall only prescribe or dispense said product in the form of sublingual film
unless the sublingual film is clinically contraindicated. If the prescriber or dispenser determines that
sublingual film is contraindicated he or she shall document the reasons for not dispensing sublingual
film in the patients file or chart."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4208 - "A Bill to amend and reenact §60A-1-101 of the Code of West
Virginia, 1931, as amended; to amend and reenact §60A-2-204; §60A-2-206, §60A-2-208,
§60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-3-308 of said code, all
relating generally to controlled substances; modifying the lists of scheduled controlled drugs; making
all substances containing dihydrocodeinone schedule II controlled substances; making tramadol
hydrochloride a schedule IV controlled substance; adding certain synthetic drugs to the list of
scheduled controlled substances; modifying and including definitions; and modifying manner in
which buprenorphine and naloxone may be prescribed."
On motion of Delegate White, the House of Delegates refused to concur in the Senate
amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Householder noted to the Clerk that he was absent when the vote was taken on Roll
No. 478, and had he been present, he would have noted "Yea" thereon.
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. 4411, Allowing the disposal of drill cuttings and associated drilling
waste generated from well sites in commercial solid waste facilities.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-8. Limit on the size of solid waste facilities; rulemaking.
(a) On and after October 1, 1991, it is unlawful to operate any commercial solid waste facility
that handles between ten thousand and thirty thousand tons of solid waste per month, except as
provided in section nine of this article and sections twenty-six, twenty-seven and twenty-eight, articles
four and four-a, chapter twenty-two-c of this code.
(b) Except as provided in section nine of this article, the maximum quantity of solid waste
which may lawfully be received or disposed of at any commercial solid waste facility is thirty
thousand tons per month.
(c) The director secretary shall, within the limits contained in this article, place a limit on the
amount of solid waste received or disposed of per month in commercial solid waste facilities. The
director secretary shall consider at a minimum the following criteria in determining a commercial
solid waste facilitys monthly tonnage limit:
(1) The proximity and potential impact of the solid waste facility upon groundwater, surface
water and potable water;
(2) The projected life and design capacity of the solid waste facility;
(3) The available air space, lined acreage, equipment type and size, adequate personnel and
wastewater treatment capabilities; and
(4) Other factors related to the environmentally safe and efficient disposal of solid waste.
(d) Within the limits established in this article, the director secretary shall determine the
amount of sewage sludge which may be safely treated, stored, processed, composted, dumped or
placed in a solid waste facility.
(e) The director secretary shall promulgate emergency rules and propose for legislative
promulgation, legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this
code, to effectuate the requirements of this section. When developing the rules, the director secretary
shall consider at a minimum the potential impact of the treatment, storage, processing, composting,
dumping or placing sewage sludge at a solid waste facility:
(1) On the groundwater, surface waters and potable waters in the area;
(2) On the air quality in the area;
(3) On the projected life and design capacity of the solid waste facility;
(4) On the available air space, lined acreage, equipment type and size, personnel and
wastewater treatment capabilities;
(5) The facilitys ability to adequately develop markets and market the product which results
from the proper treatment of sewage sludge; and
(6) Other factors related to the environmentally safe and efficient treatment, storage,
processing, composting, dumping or placing of sewage sludge at a solid waste facility.
(f) Sewage sludge disposed of at a landfill must contain at least twenty percent solid by
weight. This requirement may be met by adding or blending sand, sawdust, lime, leaves, soil or other
materials that have been approved by the director secretary prior to disposal. Alternative sewage
sludge disposal methods can be utilized upon obtaining written approval from the director secretary.
No facility may accept for land filling in any month sewage sludge in excess of twenty-five percent
of the total tons of solid waste accepted at the facility for land filling in the preceding month.
(g) Notwithstanding any other provision of this code to the contrary, a commercial solid waste
facility that is not located in a karst region as determined by the West Virginia Geologic and Economic Survey may lawfully receive drill cuttings and drilling waste generated from horizontal
well sites above the monthly tonnage limits of the commercial solid waste facility under the following
conditions and limitations:
_____(1)(A) The drill cuttings and associated drilling waste are placed in a separate cell dedicated
solely to the disposal of drill cuttings and drilling waste; and
_____(B) The separate cell dedicated to drill cuttings and associated drilling waste is constructed
pursuant to the standards set out in this article and Legislative rules promulgated thereunder; and
_____(C) The facility has obtained any certificate of need, or amended certificate of need,
authorizing such separate cell as may be required by the public service commission in accordance
with section one-c, article two, chapter twenty-four of this code.
_____(2) The secretary may only allow those solid waste facilities that applied by December 31,
2013 for a permit modification to construct a separate cell for drill cuttings and associated drilling
waste, to accept drill cuttings and associated drilling waste at its commercial solid waste facility
without counting the deposited drill cuttings and associated drilling waste towards the landfills
permitted monthly tonnage limits, until September 30, 2014.
_____(3) No solid waste facility may exclude or refuse to take municipal solid waste in the quantity
up to and including its permitted tonnage limit while the facility is allowed to lawfully receive drill
cuttings or drilling waste above its permitted tonnage limits.
_____(h) Any solid waste facility taking drill cuttings and drilling waste must install radiation
monitors by January 1, 2015. The secretary shall promulgate emergency and legislative rules to
establish limits for unique toxins associated with drill cuttings and drilling waste including, but not
limited to heavy metals, petroleum-related chemicals, (benezene, tluene, xylene, barium, chlorides,
radium and radon and establish the procedures the facility must follow if that limit is exceeded:
Provided, That said rules shall establish and set forth a procedure to provide that any detected
radiation readings above any established radiation limits will require that the solid waste landfill
immediately cease accepting all affected drill cuttings and drilling waste until the secretary has inspected said landfill and certified pursuant to established rules and regulations that radiation levels
have returned to below the established radiation limits. Any truck load of drill cuttings or drilling
waste which exceeds the radiation reading limits shall not be allowed to enter the landfill until
inspected and approved by the Department of Environmental Protection.
_____(i) The total amount of waste received at a commercial solid waste landfill with one or more
operating cells on its property may not exceed the total volume of its permitted capacity for that
facility in any month, and the quantities of drill cuttings and drilling waste received at that facility
shall be counted and applied toward the facilitys established tonnage cap.
_____(j) On or before January 1, 2015, the secretary shall submit an investigation and report to the
Joint Legislative Oversight Commission on Water Resources and the Legislatures Joint Committee
on Government and Finance which examines: (1) The hazardous characteristics of leachate collected
from solid waste facilities receiving drill cuttings and drilling waste, including but not limite to the
presence of heavy metals, petroleum related chemicals (benzene, toluene, xylene, etc.) barium,
chlorides, radium and radon; (2) the potential negative impacts on the surface water or groundwater
resources of this state associated with the collection, treatment and disposal of leachate from such
landfills; and (3) the technical and economic feasibility and benefits of establishing additional and/or
separate disposal locations which are funded, constructed, owned and/or operated by the oil and gas
industry.
§22-15-11. Solid waste assessment fee; penalties.
(a) Imposition. -- A solid waste assessment fee is hereby imposed upon the disposal of solid
waste at any solid waste disposal facility in this state in the amount of one dollar and seventy-five
cents per ton or part thereof of solid waste. The fee imposed by this section is in addition to all other
fees and taxes levied by law and shall be added to and constitute part of any other fee charged by the
operator or owner of the solid waste disposal facility.
(b) Collection, return, payment and records. -- The person disposing of solid waste at the solid
waste disposal facility shall pay the fee imposed by this section, whether or not such person owns the solid waste, and the fee shall be collected by the operator of the solid waste facility who shall remit
it to the tax commissioner.
(1) The fee imposed by this section accrues at the time the solid waste is delivered to the solid
waste disposal facility.
(2) The operator shall remit the fee imposed by this section to the tax commissioner on or
before the fifteenth day of the month next succeeding the month in which the fee accrued. Upon
remittance of the fee, the operator is required to file returns on forms and in the manner as prescribed
by the tax commissioner.
(3) The operator shall account to the state for all fees collected under this section and shall
hold them in trust for the state until remitted to the tax commissioner.
(4) If any operator fails to collect the fee imposed by this section, he or she is personally liable
for such amount as he or she failed to collect, plus applicable additions to tax, penalties and interest
imposed by article ten, chapter eleven of this code.
(5) Whenever any operator fails to collect, truthfully account for, remit the fee or file returns
with the fee as required in this section, the tax commissioner may serve written notice requiring such
operator to collect the fees which become collectible after service of such notice, to deposit such fees
in a bank approved by the tax commissioner, in a separate account, in trust for and payable to the tax
commissioner and to keep the amount of such fees in such account until remitted to the tax
commissioner. Such notice remains in effect until a notice of cancellation is served on the operator
or owner by the tax commissioner.
(6) Whenever the owner of a solid waste disposal facility leases the solid waste facility to an
operator, the operator is primarily liable for collection and remittance of the fee imposed by this
section and the owner is secondarily liable for remittance of the fee imposed by this section.
However, if the operator fails, in whole or in part, to discharge his or her obligations under this
section, the owner and the operator of the solid waste facility are jointly and severally responsible and
liable for compliance with the provisions of this section.
(7) If the operator or owner responsible for collecting the fee imposed by this section is an
association or corporation, the officers thereof are liable, jointly and severally, for any default on the
part of the association or corporation, and payment of the fee and any additions to tax, penalties and
interest imposed by article ten, chapter eleven of this code may be enforced against them as against
the association or corporation which they represent.
(8) Each person disposing of solid waste at a solid waste disposal facility and each person
required to collect the fee imposed by this section shall keep complete and accurate records in such
form as the tax commissioner may require in accordance with the rules of the tax commissioner.
(c) Regulated motor carriers. -- The fee imposed by this section and section twenty-two, article
five, chapter seven of this code is considered a necessary and reasonable cost for motor carriers of
solid waste subject to the jurisdiction of the public service commission under chapter twenty-four-a
of this code. Notwithstanding any provision of law to the contrary, upon the filing of a petition by
an affected motor carrier, the public service commission shall, within fourteen days, reflect the cost
of said fee in said motor carriers rates for solid waste removal service. In calculating the amount of
said fee to said motor carrier, the commission shall use the national average of pounds of waste
generated per person per day as determined by the United States Environmental Protection Agency.
(d) Definition of solid waste disposal facility. -- For purposes of this section, the term solid
waste disposal facility means any approved solid waste facility or open dump in this state, and
includes a transfer station when the solid waste collected at the transfer station is not finally disposed
of at a solid waste disposal facility within this state that collects the fee imposed by this section.
Nothing herein authorizes in any way the creation or operation of or contribution to an open dump.
(e) Exemptions. -- The following transactions are exempt from the fee imposed by this
section:
(1) Disposal of solid waste at a solid waste disposal facility by the person who owns, operates
or leases the solid waste disposal facility if the facility is used exclusively to dispose of waste
originally produced by such person in such persons regular business or personal activities or by persons utilizing the facility on a cost-sharing or nonprofit basis;
(2) Reuse or recycling of any solid waste;
(3) Disposal of residential solid waste by an individual not in the business of hauling or
disposing of solid waste on such days and times as designated by the director secretary is exempt from
the solid waste assessment fee; and
(4) Disposal of solid waste at a solid waste disposal facility by a commercial recycler which
disposes of thirty percent or less of the total waste it processes for recycling. In order to qualify for
this exemption each commercial recycler must keep accurate records of incoming and outgoing waste
by weight. Such records must be made available to the appropriate inspectors from the division, upon
request.
(f) Procedure and administration. -- Notwithstanding section three, article ten, chapter eleven
of this code, each and every provision of the West Virginia Tax Procedure and Administration Act
set forth in article ten, chapter eleven of this code shall apply to the fee imposed by this section with
like effect as if said act were applicable only to the fee imposed by this section and were set forth in
extenso herein.
(g) Criminal penalties. -- Notwithstanding section two, article nine, chapter eleven of this
code, sections three through seventeen, article nine, chapter eleven of this code shall apply to the fee
imposed by this section with like effect as if said sections were applicable only to the fee imposed by
this section and were set forth in extenso herein.
(h) Dedication of proceeds. -- The net proceeds of the fee collected by the tax commissioner
pursuant to this section shall be deposited at least monthly in an account designated by the director
secretary. The director secretary shall allocate twenty-five cents for each ton of solid waste disposed
of in this state upon which the fee imposed by this section is collected and shall deposit the total
amount so allocated into the Solid Waste Reclamation and Environmental Response Fund to be
expended for the purposes hereinafter specified. The first one million dollars of the net proceeds of
the fee imposed by this section collected in each fiscal year shall be deposited in the Solid Waste Enforcement Fund and expended for the purposes hereinafter specified. The next two hundred fifty
thousand dollars of the net proceeds of the fee imposed by this section collected in each fiscal year
shall be deposited in the Solid Waste Management Board Reserve Fund, and expended for the
purposes hereinafter specified: Provided, That in any year in which the water development authority
determines that the solid waste management board reserve fund is adequate to defer any contingent
liability of the fund, the water development authority shall so certify to the director secretary and the
director secretary shall then cause no less than fifty thousand dollars nor more than two hundred fifty
thousand dollars to be deposited to the fund: Provided, however, That in any year in which the water
development authority determines that the solid waste management board reserve fund is inadequate
to defer any contingent liability of the fund, the water development authority shall so certify to the
director secretary and the director secretary shall then cause not less than two hundred fifty thousand
dollars nor more than five hundred thousand dollars to be deposited in the fund: Provided further,
That if a facility owned or operated by the state of West Virginia is denied site approval by a county
or regional solid waste authority, and if such denial contributes, in whole or in part, to a default, or
drawing upon a reserve fund, on any indebtedness issued or approved by the solid waste management
board, then in that event the solid waste management board or its fiscal agent may withhold all or any
part of any funds which would otherwise be directed to such county or regional authority and shall
deposit such withheld funds in the appropriate reserve fund. The director secretary shall allocate the
remainder, if any, of said net proceeds among the following three special revenue accounts for the
purpose of maintaining a reasonable balance in each special revenue account, which are hereby
continued in the State Treasury:
(1) The Solid Waste Enforcement Fund which shall be expended by the director secretary for
administration, inspection, enforcement and permitting activities established pursuant to this article;
(2) The Solid Waste Management Board Reserve Fund which shall be exclusively dedicated
to providing a reserve fund for the issuance and security of solid waste disposal revenue bonds issued
by the solid waste management board pursuant to article three, chapter twenty-two-c of this code;
(3) The Solid Waste Reclamation and Environmental Response Fund which may be expended
by the director secretary for the purposes of reclamation, cleanup and remedial actions intended to
minimize or mitigate damage to the environment, natural resources, public water supplies, water
resources and the public health, safety and welfare which may result from open dumps or solid waste
not disposed of in a proper or lawful manner.
(i) Findings. -- In addition to the purposes and legislative findings set forth in section one of
this article, the Legislature finds as follows:
(1) In-state and out-of-state locations producing solid waste should bear the responsibility of
disposing of said solid waste or compensate other localities for costs associated with accepting such
solid waste;
(2) The costs of maintaining and policing the streets and highways of the state and its
communities are increased by long distance transportation of large volumes of solid waste; and
(3) Local approved solid waste facilities are being prematurely depleted by solid waste
originating from other locations.
(j) The Gas Field Highway Repair and Horizontal Drilling Waste Study Fund is hereby created
as a special revenue fund in the State Treasury to be administered by West Virginia division of
highways and to be expended only on the improvement, maintenance, and repair of public roads of
three lanes or less located in the wasteshed from which the revenue was received that are identified
by the commissioner of highways as having been damaged by trucks and other traffic associated with
horizontal well drilling sites or the disposal of waste generated by such sites, and that experience
congestion caused, in whole or in part, by such trucks and traffic that interferes with the use of said
roads by residents in the vicinity of such roads: Provided, That up to $750,000 from such fund shall
be made available to the Department of Environmental Protection from the same fund to offset
contracted costs incurred by that Division of Environmental Protection while undertaking the
horizontal drilling waste disposal studies mandated by the provisions of subsection (j), section eight
of this article. Any balance remaining in the special revenue account at the end of any fiscal year shall not revert to the General Revenue Fund but shall remain in the special revenue account and shall be
used solely in a manner consistent with this section. The fund shall consist of the fee provided for
in subsection (k) of this section.
_____(k) Horizontal drilling waste assessment fee--An additional solid waste assessment fee is
hereby imposed upon the disposal of drill cuttings and drilling waste generated by horizontal well
sites in the amount of one dollar per ton, which fee is in addition to all other fees and taxes levied by
this section or otherwise and shall be added to and constitute part of any other fee charged by the
operator or owner of the solid waste disposal facility: Provided, That the horizontal drilling waste
assessment fee shall be collected and administered in the same manner as the solid waste assessment
fee imposed by this section, but shall be imposed only upon the disposal of drill cuttings and drilling
waste generated by horizontal well sites."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4411 - "A Bill to amend and reenact §22-15-8 and §22-15-11 of the
Code of West Virginia, 1931, as amended, all relating to the disposal of drill cuttings and associated
drilling waste generated from well sites at commercial solid waste facilities; allowing for the receipt
of additional drilling waste at certain commercial solid waste facilities above the facilitys existing
tonnage limit if certain conditions are met; recognizing the facilitys continuing obligation to receive
municipal solid waste while exceeding its permitted tonnage caps; requiring radiation and leachate
monitoring at all facilities receiving drill cuttings and drilling waste; establishing minimum
requirements for the monitoring program; requiring the investigation and report by the department
of environmental protection to the legislature on specified issues associated with the disposal of drill
cuttings and drilling wastes at landfills; required scope of study; establishing deadlines, effective
dates; creating a special revenue fund in the state treasury; establishing an additional solid waste fee;
and requiring the promulgation of emergency and legislative rules."
On motion of Delegate White, the House of Delegates refused to concur in the Senate amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Daily Calendar
Third Reading
S. B. 380, Redefining "all-terrain and utility terrain vehicles"; 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. 398),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 380) passed.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
S. B. 380 - "A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §17A-6-1 of said code, all relating to off-road vehicles; and
updating statutory definitions to reflect new categories of vehicles and standard accessories."
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. 391, Providing salary increase for teachers and school service personnel;
on third reading, coming up in regular order, was read a third time.
Delegates Ambler, P. Smith, Lawrence, Wells and Young requested to be excused from voting
on the passage of Com. Sub. for H. B. 4104 under the provisions of House Rule 49.
The Speaker stated that the aforementioned Members were members of a class of persons
possibly to be affected by the passage of the bill but exhibited no direct personal or pecuniary interest
therein, and refused to excuse them from voting thereon.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 399),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 391) 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 to read as follows:
Com. Sub. for S. B. 391 - "A Bill to amend to amend and reenact §18A-4-2 and §18A-4-8a
of the Code of West Virginia, 1931, as amended, all relating to generally to increasing compensation
for teachers and school service personnel; and expressing legislative goal."
Delegate White moved that the bill take effect July 1, 2014.
On this question, the yeas and nays were taken
(Roll No. 400), 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: J. Nelson and Raines.
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. 391) takes effect July 1, 2014.
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. 395, Relating to operation and oversight of certain human services
benefit programs; 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. 401),
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: Ambler, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 395) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Ambler noted to the Clerk that he was absent when the vote was taken on Roll No.
401, and that had he been present, he would have voted "Yea" thereon.
Com. Sub. for S. B. 419, Creating Overdose Prevention Act; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 402),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Marcum.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 419) passed.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 419 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §16-46-1, §16-46-2 and §16-46-3, all relating to creating
the Overdose Prevention Act; stating legislative findings; defining terms; providing amnesty for
certain alcohol-related misdemeanor offenses; providing conditions giving rise to amnesty and the
limitations thereon; and providing exceptions."
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. 425, Relating to licensure, supervision and regulation of physician
assistants; 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. 403),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 425) 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. 426, Relating to appointments to certain higher education commissions, councils and
boards; 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. 404),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 426) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 405), 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: Manchin, J. Nelson and Raines.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 426) 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. 430, Relating to receipting of state moneys; 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. 406),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Sobonya.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 430) passed.
Delegate White moved that the bill take effect July 1, 2014.
On this question, the yeas and nays were taken
(Roll No. 407), 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: J. Nelson and Raines.
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. 430) takes effect July 1, 2014.
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. 432, Relating to calculating local share; on third reading, coming up in
regular order, at the request of Delegate White and by unanimous consent, placed at the foot of bills
on third reading.
Com. Sub. for S. B. 439, Permitting Ohio County Commission levy special district excise
tax for Fort Henry; 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. 408),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 439) 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 to read as follows:
Com. Sub. for S. B. 439 - "A Bill to amend and reenact §7-22-9 and §7-22-15 of the Code
of West Virginia, 1931, as amended, all relating to county economic opportunity development district;
increasing the Fort Henry economic opportunity development project district from three hundred to
five hundred contiguous acres of land; providing when the Fort Henry Economic Opportunity
Development District may be abolished or terminated; providing time period during which certain
economic opportunity development districts may exist and when abolished by operation of law;
providing definitions; providing for the authority of the Tax Commissioner; and providing effect of
cessation and abolishment of a county economic opportunity development district."
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 409), 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: J. Nelson and Raines.
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. 439) 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. 450, Relating to sale and consumption of alcoholic liquors in certain
outdoor dining areas; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 410),
and there were--yeas 78, nays 20, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Armstead, Arvon, Azinger, Border, Canterbury, A. Evans, D. Evans, Fragale, Frich,
Hamilton, Ireland, Kump, Moye, Overington, L. Phillips, Romine, R. Smith, Sobonya, Sumner and
Walker.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 450) passed.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 450 - "A Bill to amend and reenact §60-1-5 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §60-8-3 of said code, all relating to the
licensed sale and consumption of alcoholic beverages in outdoor settings adjacent to public places;
relating to the sale of liquors in liquors in outdoor dining areas adjoining an ABCA-licensed facility;
permitting the sale of wine at certain college and university sports stadiums; establishing the
conditions under which wine may be sold; setting a licensing fee; establishing who may hold a
license; stating where wine may be served; granting the authority to grant waivers and exceptions and
to revoke licenses; defining a term; authorizing rulemaking; and clarifying the definition of public
place as it relates to such special licenses."
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 411), and there were--yeas 78, nays
20, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Arvon, Azinger, Border, A. Evans, D. Evans, Fragale, Frich, Gearheart,
Hamilton, Howell, Ireland, Kump, Moye, Overington, L. Phillips, Romine, Sobonya, Sumner and
Walker.
Absent and Not Voting: J. Nelson and Raines.
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. 450) 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. 458, Dedicating certain circuit court fees to fund low-income persons
civil legal services; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 412),
and there were--yeas 90, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Arvon, Ellington, Gearheart, Howell, Kump and R. Smith.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 458) 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 to read as follows:
Com. Sub. for S. B. 458 - "A Bill to amend and reenact §59-1-11 of the Code of West
Virginia, 1931, as amended, relating to certain fees in the circuit courts of the state to be dedicated
to the support of civil legal services for low-income persons by depositing certain fees in the pre-
existing Fund for Civil Legal Services for Low Income Persons; requiring the civil action filing fee
apply to removal of cases from magistrate court; increasing the civil action filing fee; creating a new
fee associated with certain civil court filings; creating exceptions; and providing for the collection of
certain fees by magistrate court."
Delegate White moved that the bill take effect July 1, 2014.
On this question, the yeas and nays were taken
(Roll No. 413), and there were--yeas 91, nays
7, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Folk, Gearheart, Householder, Howell, Kump and R. Smith.
Absent and Not Voting: J. Nelson and Raines.
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. 458) takes effect July 1, 2014.
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. 461, Creating Future Fund; on third reading, coming up in regular order,
with amendments pending and further right to amend, was, at the request of Delegate White and by
unanimous consent, placed at the foot of bills.
Com. Sub. for S. B. 469, Creating Veterans and Warriors to Agriculture 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. 414),
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: Marcum, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 469) 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. 480, Expanding period during which certain motor vehicle liens are
valid; on third reading, coming up in regular order, was read a third time.
Delegate Miller requested to be excused from voting on the passage of Com. Sub. for S. B.
480 under the provisions of House Rule 49.
The Speaker replied that the Delegate was a member of a class of persons possibly to be
affected by the passage of the bill but exhibited no direct personal or pecuniary interest therein, and
refused to excuse the Member from voting.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 415),
and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Manypenny and Marcum.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 480) passed.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 480 - "A Bill to amend and reenact §17A-4A-15 of the Code of West Virginia, 1931, as amended, relating to liens on vehicles; expanding the period during which a
recorded lien on a vehicle is valid; and expanding the period during which a refiled lien on a vehicle
is valid."
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 416), 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: J. Nelson and Raines.
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. 480) 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. 485, Exempting DOH from certain permitting requirements of Natural Stream
Preservation Act; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 417),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Skinner.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 485) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 486, Establishing salaries and providing raises for State Police forensic
lab employees; 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. 418),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 486) 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 to read as follows:
Com. Sub. for S. B. 486 - "A Bill to amend and reenact §15-2-7 of the Code of West
Virginia, 1931, as amended, relating to establishing annual longevity salary increases for West
Virginia State police civilian employees; providing salary increase for current employees within the
West Virginia State Police Forensic Laboratory; and requiring the Director of the West Virginia State
Police Forensic Laboratory to submit a report before January 1, 2018, to the Joint Committee on
Government and Finance detailing the West Virginia State Police Forensic Laboratorys ability to
retain employees."
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. 495, Increasing collections into Land Division special revenue account;
on third reading, coming up in regular order, was, at the request of Delegate White and by unanimous
consent, placed at the foot of bills on third reading.
Com. Sub. for S. B. 504, Authorizing Auditor establish Debt Resolution Services Division;
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. 419),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Sobonya.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 504) 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. 533, Updating commercial feed laws; setting fees by rule; 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. 420),
and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Cowles, Faircloth and Gearheart.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 533) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 421), and there were--yeas 93, nays
4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Folk, Gearheart, Householder and Howell.
Absent and Not Voting: Craig, J. Nelson and Raines.
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. 533) 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. 535, Clarifying definition of "ginseng"; 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. 422),
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: Craig, J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 535) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 547, Clarifying municipalities can increase and decrease voting wards and/or council
members; 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. 423),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 547) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 424), 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: J. Nelson and Raines.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 547) 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. 553, Relating to deadlines for independent candidates to file for
municipal elections; 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. 425),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 553) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 572, Relating to financing statements covering as-extracted collateral or timber to be cut;
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. 426),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 572) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 583, Permitting emergency rule-making authority to implement Spay Neuter Assistance
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. 427),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Walters.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 583) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 428), 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: J. Nelson and Raines.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 583) 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 expiration and renewal of Board of Registration for
Professional Engineers certificates; 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. 429),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 584) 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. 585, Removing unconstitutional language regarding access to rail lines; 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. 430),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 585) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 586, Removing unconstitutional language regarding jurors and verdicts permitted in
certain civil litigation; 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. 431),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 586) 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. 601, Removing unconstitutional language regarding relief in circuit court against
erroneous assessments; 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. 432),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 601) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 619, Exempting certain critical access hospitals from certificate of need
requirement; 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. 433),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 619) 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. 631, Extending time for Fayetteville City Council to meet as levying body; 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. 434),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Howell.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 631) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 435), 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: J. Nelson and Raines.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 631) 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 H. B. 4015, Budget Bill, making appropriations of public money out of the
treasury in accordance with section fifty-one, article six of the Constitution; on third reading, coming
up in regular order, was, on motion of Delegate White, laid upon the table.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 4298, Changing the experience requirements of the composition of the
members of the West Virginia Ethics Commission.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Williams, Miller and Sypolt.
On motion of Delegate White, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Hunt, Pino and Ellem.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
At 5:31 p.m., on motion of Delegate White, the House of Delegates recessed until 6:00 p.m.,
and reconvened at that time.
Delegate Arvon asked and obtained unanimous consent that the remarks of Delegate Sumner
regarding the Com. Sub. for S. B. 306, Budget Bill, be printed in the Appendix to the Journal.
Delegate Espinosa asked and obtained unanimous consent that all remarks of Members
regarding Com. Sub. for S. B. 379 be printed in the Appendix to the Journal.
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:
H. B. 4286, Captive Cervid Farming Act.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-
2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; and that
§20-1-2 of said code be amended and reenacted, all to read as follows:
CHAPTER 19. AGRICULTURE.
ARTICLE 2H. CAPTIVE CERVID FARMING
ACT.
§19-2H-1. Short title; joint regulation.
(a) This article shall be known and may be cited as the Captive Cervid Farming Act.
(b) Captive cervid farming shall be jointly regulated by the Department of Agriculture and the
Division of Natural Resources.
(c) The department and division shall cooperate to implement the provisions of this article,
promulgate rules, draft any Memorandums of Understanding or take other action as may be necessary
for the proper and effective enforcement of these provisions.
§19-2H-2. Purpose and legislative findings.
(a) The purpose of this article is to promote this states agricultural economy, to preserve
family farming opportunities, to encourage agricultural uses of the natural topography of the states
rural lands and to foster job retention and job creation in the states rural areas by providing for
comprehensive regulation of captive cervid farming as a viable agricultural business, while also
preserving the importance of wildlife management and deer hunting in this state.
(b) The Legislature finds and declares that captive cervid farming is primarily an agricultural
pursuit, and that captive cervids may be raised in a manner similar to other livestock. The
Commissioner of Agriculture possesses the knowledge, training and experience required to properly regulate captive cervid farms and to adequately protect the health and safety of animals and the
general public. The Legislature also finds and declares that matters related to promoting the cervid
farming industry, the sale and regulation of cervid meat excluding white-tailed deer and elk meat,
animal health, animal identification, record keeping and animal husbandry methods and equipment
are best managed and regulated by the department.
(c) The Legislature further finds that the Division of Natural Resources
is empowered to
regulate and protect the native wildlife of this state, currently issues licenses for captive cervid
facilities, and has natural resources police officers to enforce its regulations and permitting
requirements. The division has a vested interest in maintaining the health and safety of wildlife as part
of its wildlife management objectives, as well as encouraging the long tradition of deer hunting in this
state. Fencing, pen size, entrapment of wildlife, interstate movement of captive cervids, escaping
captive cervids, and chronic wasting disease management are best managed and regulated by the
division.
§19-2H-3. Definitions.
As used in this article:
(1) Bio-security means measures, actions or precautions taken to prevent the transmission of
disease in, among or between wild and captive cervids.
(2) Captive cervid or captive cervids means members of the Cervidae family of animals
including, but not limited to, fallow deer, red deer, white-tailed deer, axis deer, elk, moose, reindeer
and caribou that are raised in captivity and under the control of the owner of the animal.
(3) Captive cervid farm means the captive cervids, the fenced area and all equipment and
components regulated by the department and the division for use as a captive cervid farming operation
as provided for in this article.
(4) Commissioner means the Commissioner of the West Virginia Department of Agriculture.
(5) Department means the West Virginia Department of Agriculture.
(6) Division means the Division of Natural Resources.
(7) Identification system means a process or procedure that allows an individual cervid to be
continuously recognized and monitored as a unique animal throughout its lifetime.
(8) License means a Class One or Class Two Captive Cervid Farm License issued by the
department for the operation of a captive cervid farm.
(9) Owner means the person who owns or operates a licensed captive cervid farm, or his or
her agent or operator.
(10) Permit means a Captive Cervid Fencing Permit issued by the division for the operation
of a captive cervid farm.
(11) Person means an individual, corporation, limited liability company, partnership,
association, joint venture or other legal entity.
(11) Release means to allow a cervid from a licensed captive cervid farm to be outside the
perimeter fence of the farm without being under the direct control of the owner.
§19-2H-4. Authority of the Department of Agriculture; rules.
(a) The department is granted the authority to regulate and control captive cervid farm
licenses, applications, requirements, record keeping, animal husbandry, identification and tagging,
disease prevention, inoculation and testing, fee schedule for services, species commingling, intrastate
movement of captive cervids, captive cervid meat inspection and sales excluding white-tailed deer
and elk, and inspections of captive cervid farms in this state in accordance with this article. Subject
to the transition provisions contained in section twelve of this article, no person may operate a captive
cervid farm in this state unless that person holds a license issued by the commissioner pursuant to this
article.
(b) The commissioner shall promulgate emergency or legislative rules in accordance with
article three, chapter twenty-nine-a of this code to provide for implementation and enforcement of this
article.
(c) The rules, insofar as practicable, shall provide for the protection of animal and human
health and promotion of bio-security that are consistent with the rules promulgated by the United States Department of Agriculture, Division of Animal and Plant Health Inspection Service.
(d) The rules shall include, but not be limited to, requirements that:
(1) Implement an identification system that allows individual captive cervid to be recognized,
tracked and identified throughout the animals life;
(2) Specify the record-keeping standards required of licensees, including standards for
documentation of purchases, propagation, sales, slaughtering and any other documentation required
to maintain accurate and complete records of captive cervid farming operations;
(3) Establish animal health testing criteria to discover and prevent the spread of disease in
captive cervids, to conduct testing and inoculations, and to impose quarantines; and
(4) Establish a schedule of fees and charges for services provided by the department to
licensed captive cervid farms.
§19-2H-5. Authority of the Division of Natural Resources; rules.
(a) The division is granted the authority to regulate, control and inspect the fencing, pen size,
entrapment of wildlife, escape of captive cervids, interstate movement of captive cervids, and
management of chronic wasting disease and other diseases affecting cervids in this state in accordance
with this article and chapter twenty of this code. Subject to the transition provisions contained in
section twelve of this article, no person may operate a captive cervid farm in this state unless that
person holds a permit issued by the director pursuant to this article.
(b) The director shall promulgate emergency or legislative rules in accordance with article
three, chapter twenty-nine-a of this code as are necessary to provide for implementation and
enforcement of this article.
(c) The rules promulgated under this section shall include, but not be limited to, requirements
that:
(1) Establish the specifications for fencing necessary to prevent the escape of captive cervids
and the infiltration of wildlife into a licensed captive cervid farm. The fencing regulations shall be
reasonable and comport with accepted industry and regulatory standards for captive cervids;
(2) Regulate the interstate movement of captive cervids and provide for maintenance of
documentation of the origin and destination of all shipments and any other requisite documentation;
and
(3) Maintain chronic wasting disease and other disease statistics, and develop any requisite
management criteria for chronic wasting disease and other disease containment zones and intrastate
movement of cervids therein to prevent the spread of the disease.
§19-2H-6. Duties of the commissioner and director.
Pursuant to the scope of his or her authority under this article, the commissioner or the director
may:
(1) Establish a section and designate staff to implement this article;
(2) Contract with veterinarians, biologists or other animal health professionals to provide
scientific expertise, services and testing to implement the provisions of this article;
(3) Enter into interstate contracts with other states to enhance the bio-security of captive cervid
farms in this and other states;
(4) Lease, rent, acquire, purchase, own, hold, construct, equip, maintain, operate, sell,
encumber and assign rights of any property, real or personal, consistent with the objectives set forth
in this article;
(5) Hold hearings, subpoena witnesses, administer oaths, take testimony, require the
production of evidence and documentary evidence and designate hearing examiners; and
(6) Take any other action necessary or incidental to the performance of their respective duties
and powers under this article.
§19-2H-7. Application for license or permit.
(a) A person applying to operate a captive cervid farm in this state is required to have: 1) A
Class One or Class Two Captive Cervid Farm License from the department; and 2) a Captive Cervid
Fencing Permit from the division. The department and the division shall provide the forms and
instructions for the license and permit applications.
(b) The following information shall be submitted by the person to the department for a license,
and the division for a permit:
(1) The mailing address of the proposed captive cervid farm and the size, location and an
adequate legal description of the farm;
(2) The number of each species of cervid proposed to be included in the proposed farm;
(3) The bio-security measures to be utilized, including, but not limited to, a description of the
fencing and the animal identification system to be used;
(4) The proposed method of flushing wild white-tailed deer from the enclosure, if applicable;
(5) The record-keeping system;
(6) The method of verification that all wild white-tailed deer have been removed;
(7) The current zoning, if any, of the property proposed for the farm;
(8) Any other information considered necessary by the department or division; and
(9) A closure plan for the safe disposition of captive cervids.
(c) The application shall be accompanied by the biennial license and permit fees set forth
below. The license and permit fees and classes may be amended by rule, and are as follows:
(1)
Class One Captive Cervid Farm License. -- Issued by the department for a farm to be used
only to breed and propagate cervids and create byproducts for sale: $500;
(2)
Class Two Captive Cervid Farm License. -- Issued by the department for a farm to breed
and propagate cervids and create byproducts for sale, and to slaughter and sell captive cervid meat,
excluding the sale of white-tailed deer and elk meat: $1,250; and
(3)
Captive Cervid Fencing Permit. -- Issued by the division for all captive cervid farms:
$500.
§19-2H-8. Department and Division action on applications.
(a) The department shall act on an application for a license, and the division shall act on an
application for a permit, within sixty days of receipt. The department may issue a provisional license,
and the division a provisional permit, for a proposed farm that has not yet been constructed, but operations shall not begin until the completed farm has been inspected by the department and
division, and each has issued a license or permit, respectively.
(b) The department and division may not issue a license or permit until it is determined that
the captive cervid farm meets all of the following criteria:
(1) The captive cervid farm has been inspected by the department and division and meets the
standards and requirements of this article and the rules promulgated thereunder;
(2) The applicant has all requisite federal, state and local governmental permits; and
(3) The owner has paid all applicable license and permit fees and all charges for services
provided to the captive cervid farm.
(c) If the department or division finds a deficiency in the license or permit applications, the
owner shall be given at least thirty days to remedy the deficiency before the license or permit
application is denied.
(d) If the commissioner determines that the proposed captive cervid farm does not comply
with the requirements of this article after the opportunity to remedy deficiencies, the commissioner
shall deny the license application and notify the applicant in writing of the reasons for the denial.
(e) If the director determines that the proposed captive cervid farm does not comply with the
permit requirements of this article after the opportunity to remedy deficiencies, the director shall deny
the permit application and notify the applicant in writing of the reasons for the denial.
(f) The applicant may request a hearing from the commissioner for a license denial, or the
director for a permit denial, pursuant to article five, chapter twenty-nine-a of this code to contest the
denial of a license or permit, or any limitations placed upon the issuance of a license or permit.
(g) The department and division shall retain the license and permit fees regardless of approval.
§19-2H-9. License and permit certificates; renewal; nontransferable.
(a) Once approved, the department shall issue a license certificate, and the division shall issue
a permit certificate, to the owner of the captive cervid farm containing information such as:
(1) The class of license, the license number, the permit number, and expiration dates;
(2) The cervid herd size and species approved for the farm;
(3) The name, business address, physical address and directions, and telephone number of the
owner of the farm; and
(4) Emergency response and contact information for the captive cervid farm.
(b) An application for renewal of a license or permit shall be submitted on forms provided by
the department or division not later than sixty days before expiration of the current license or permit.
Each license or permit issued shall be for a period of two years from the date of issuance.
(c) The sale or transfer of ownership of a captive cervid farm will not operate to transfer the
license or permit. The department
or division may issue a new license or permit to the transferee if
all requirements and fees are satisfied.
§19-2H-10. License and permit modification.
(a) An owner must apply to the department for a license modification if there is any proposed
change in the class of license or the species approved for the captive cervid farm.
(b) An owner must apply to the division for a permit modification if there is any proposed
change to the captive cervid farm permit.
§19-2H-11. Inspection of farm by the department and division.
The department and division shall have access at all reasonable hours to any licensed or
provisional captive cervid farm for the purpose of conducting inspections, securing samples or
specimens of any cervid species and determining whether the owner is in compliance with the
requirements of this article. Any inspection and sampling shall be conducted in a manner that will
foster the bio-security of captive cervid farms, and will not unnecessarily jeopardize the health of the
captive cervids.
§19-2H-12. Transition to captive cervid farm license and permit process.
A captive cervid farm in existence on the effective date of this article may continue operation
under its existing authorization until the department and division act on its application for a license
and permit under this article if the
owner of that farm applies for a license and permit within sixty days after application forms are made available to current licensees.
§19-2H-13. Noncompliance with article, standards, orders or rules; suspension, revocation or
limitation of license or permit.
(a) The department may suspend, revoke or limit a license if the licensee fails to comply with
this article, standards adopted under this article, orders issued by the commissioner as a result of an
administrative action or departmental review conducted under this article or rules promulgated under
this article.
(b) The division may suspend, revoke or limit a permit if the permittee fails to comply with
this article, standards adopted under this article, orders issued by the director as a result of an
administrative action or review conducted under this article or rules promulgated pursuant to this
article.
§19-2H-14. Prohibited conduct; violation; penalty.
(a) A person may not recklessly release or permit the release of a captive cervid from a captive
cervid farm. A person may not intentionally or recklessly allow the entry or introduction of wild
white-tailed deer into a captive cervid farm. Any person who violates this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall, for a first offense, be confined in jail for not more
than ninety days, or fined not less than $50 nor more than $300 or both fined and confined. Any
person who violates this subsection for a second or subsequent offense is guilty of a misdemeanor
and, upon conviction thereof, shall be confined in jail for not more than one year, or fined not less
than $500 nor more than $1,000, or both fined and confined.
(b) Any person who intentionally releases captive cervids into the wild, or releases or
abandons captive cervids by failing to properly close or wind down a captive cervid farm, is guilty
of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less
than one nor more than three years, or fined not less than $2,000 nor more than $5,000, or both fined
and imprisoned.
§
19-2H-15. Findings of violations; remedies.
(a) The commissioner or director, upon finding that a person has violated a provision this
article or the rules promulgated thereunder, may:
(1) Issue a warning; or
(2) Impose a civil penalty of not more than $1,000 per violation, plus the costs of
investigation, for each violation, after notice and an opportunity for a hearing. A person aggrieved
by an administrative action under this section may request a hearing pursuant to article five, chapter
twenty-nine-a of this code.
(b) Notwithstanding any other provisions of this article, the commissioner or director may
bring an action to:
(1) Obtain a declaratory judgment that a particular method, activity or practice is a violation
of this article; or
(2) Obtain an injunction against a person who is engaging in a method, activity or practice that
violates this article.
(c) The remedies under this article are cumulative and use of one remedy does not bar the use
of any other remedy.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-2. Definitions.
As used in this chapter, unless the context clearly requires a different meaning:
(1) Agency means any branch, department or unit of the state government, however designated
or constituted.
(2) Alien means any person not a citizen of the United States.
(3) Bag limit or creel limit means the maximum number of wildlife which may be taken,
caught, killed or possessed by any person.
(4) Big game means elk,
white-tailed deer, black bears, wild boars and wild turkeys.
(5) Bona fide resident, tenant or lessee means a person who permanently resides on the land.
(6) Citizen means any native-born citizen of the United States and foreign-born persons who
have procured their final naturalization papers.
(7) Closed season means the time or period during which it shall be unlawful to take any
wildlife as specified and limited by
the provisions of this chapter regulation.
(8) Commission means the Natural Resources Commission.
(9) Commissioner means a member of the advisory commission of the Natural Resources
Commission.
(10) Director means the Director of the Division of Natural Resources.
(11) Fishing or to fish means the taking, by any means, of fish, minnows, frogs or other
amphibians, aquatic turtles and other forms of aquatic life used as fish bait
, whether dead or alive.
(12) Fur-bearing animals include:(a) The mink; (b) the weasel; (c) the muskrat; (d) the beaver;
(e) the opossum; (f) the skunk and civet cat, commonly called polecat; (g) the otter; (h) the red fox;
(i) the gray fox; (j) the wildcat, bobcat or bay lynx; (k) the raccoon; and (l) the fisher.
(13) Game means
big game, game animals, game birds,
and game fish
and small game as
herein defined.
(14) Game animals include:(a) The elk; (b) the
white-tailed deer; (c) the cottontail rabbits and
hares; (d) the fox squirrels, commonly called red squirrels, and gray squirrels and all their color
phases - red, gray, black or albino; (e) the raccoon; (f) the black bear; and (g) the wild boar.
(15) Game birds include:(a) The anatidae, commonly known as swan, geese, brants and river
and sea ducks; (b) the rallidae, commonly known as rails, sora, coots, mudhens and gallinule; (c) the
limicolae, commonly known as shorebirds, plover, snipe, woodcock, sandpipers, yellow legs and
curlews; (d) the galliformes, commonly known as wild turkey, grouse, pheasants, quails and
partridges (both native and foreign species); (e) the columbidae, commonly known as doves; (f) the
icteridae, commonly known as blackbirds, redwings and grackle; and (g) the corvidae, commonly
known as crows.
(16) Game fish include:(a) Brook trout; (b) brown trout; (c) rainbow trout; (d) golden rainbow trout; (e) largemouth bass; (f) smallmouth bass; (g) spotted bass; (h) striped bass; (i) chain pickerel;
(j) muskellunge; (k) walleye; (l) northern pike; (m) rock bass; (n) white bass; (o) white crappie; (p)
black crappie; (q) all sunfish species; (r) channel catfish; (s) flathead catfish; (t) blue catfish, (u)
sauger; and (v) all game fish hybrids.
(17) Hunt means to pursue, chase, catch or take any
wild birds or wild animals. Provided,
That wildlife. However, the definition of hunt does not include an officially sanctioned and properly
licensed field trial, water race or wild hunt as long as that field trial is not a shoot-to-retrieve field
trial.
(18) Lands means land, waters and all other appurtenances connected therewith.
(19) Migratory birds means any migratory game or nongame birds included in the terms of
conventions between the United States and Great Britain and between the United States and United
Mexican States, known as the Migratory Bird Treaty Act, for the protection of migratory birds and
game mammals concluded, respectively, August 16, 1916, and February 7, 1936.
(20) Nonresident means any person who is a citizen of the United States and who has not been
a domiciled resident of the State of West Virginia for a period of thirty consecutive days immediately
prior to the date of his or her application for a license or permit except any full-time student of any
college or university of this state, even though he or she is paying a nonresident tuition.
(21) Open season means the time during which the various species of wildlife may be legally
caught, taken, killed or chased in a specified manner and shall include both the first and the last day
of the season or period designated by the director.
(22) Person
, except as otherwise defined elsewhere in this chapter, means the plural persons
and shall include or persons mean individuals, partnerships, corporations or other legal entities.
(23) Preserve means all
duly licensed private game
farmlands farms, or private
plants, ponds
or areas, where hunting or fishing is permitted under special licenses or seasons other than the regular
public hunting or fishing seasons.
The term preserve does not mean a captive cervid farm pursuant
to article two-h, chapter nineteen of this code, though a captive cervid farm may also be licensed as a preserve.
__(24) Protected birds means all wild birds not included within the definition of game birds and
unprotected birds.
(25) Resident means any person who is a citizen of the United States and who has been a
domiciled resident of the State of West Virginia for a period of thirty consecutive days or more
immediately prior to the date of his or her application for
a license or permit.
Provided, That
However, a member of the armed forces of the United States who is stationed beyond the territorial
limits of this state
, but and who was a resident of this state at the time of his or her entry into
such the
service, and any full-time student of any college or university of this state even though he or she is
paying a nonresident tuition, shall be considered a resident under
the provisions of this chapter.
(26) Roadside menagerie means any place of business, other than a commercial game farm,
commercial fish preserve, place or pond, where any wild bird, game bird, unprotected bird, game
animal or fur-bearing animal is kept in confinement for the attraction and amusement of the people
for commercial purposes.
(27) Small game includes all game animals, furbearing animals and game birds except elk,
white-tailed deer, black bears, wild boars and wild turkeys.
(28) Take means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity,
gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so.
Provided, That However,
the definition of take does not include an officially sanctioned and properly licensed field trial, water
race or wild hunt as long as that field trial is not a shoot-to-retrieve field trial.
(29) Unprotected birds shall include:(a) The English sparrow; (b) the European starling; and
(c) the cowbird.
(30) Wild animals means all mammals native to the State of West Virginia occurring either
in a natural state or in captivity, except house mice or rats.
(31) Wild birds shall include all birds other than:(a) Domestic poultry - chickens, ducks,
geese, guinea fowl, peafowls and turkeys; (b) Psittacidae, commonly called parrots and parakeets; and (c) other foreign cage birds such as the common canary, exotic finches and ring dove. All wild birds,
either: (i) Those occurring in a natural state in West Virginia; or (ii) those imported foreign game
birds, such as waterfowl, pheasants, partridges, quail and grouse, regardless of how long raised or
held in captivity, shall remain wild birds under the meaning of this chapter.
(32) Wildlife means wild birds, wild animals, game,
and fur-bearing animals, fish (including
minnows), reptiles, amphibians, mollusks, crustaceans and
all forms of aquatic life
used as fish bait,
whether dead or alive. native to the State of West Virginia unless the context indicates otherwise.
__(33) Wildlife refuge means any land set aside by action of the director as an inviolate refuge
or sanctuary for the protection of designated forms of wildlife."
And,
By amending the title of the bill to read as follows:
H. B. 4286 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6,
§19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-
2H-15; and to amend and reenact §20-1-2 of said code, all relating to regulating captive cervids as
an agricultural enterprise; creating the Captive Cervid Farming Act; creating joint regulatory authority
between the Department of Agriculture and the Division of Natural Resources; stating legislative
purpose and findings; defining terms; authorizing rule-making; stating duties of commissioner and
director; requiring a class one or class two license from the department; requiring a fencing permit
from the division; establishing application requirements and fees for biennial license and permit;
issuing, renewing, and modifying license and permit certificates; providing that sale of farm does not
transfer license or permit; inspecting farms; permitting the transition of current farms; providing for
noncompliance with article; establishing criminal penalties and civil remedies; and clarifying natural
resources definitions."
On motion of Delegate White, the House of Delegates refused to concur in the Senate
amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Reordering of the Calendar
Delegate White announced that the Committee on Rules had transferred Com. Sub. for S. B.
12, Com. Sub. for S. B. 278, S. B. 325, S. B. 375, Com. Sub. for S. B. 393 and S. B. 593, on Third
Reading, House Calendar, to the Daily Calendar.
Conference Committee Report Availability
At 6:37 p.m., the Clerk announced availability in his office of the report of the Committees
of Conference on Com. Sub. for H. B. 4236, Sexual assault nurse examination network and Com.
Sub. for H. B. 4619, Authorizing innovation school districts.
Daily Calendar
Third Reading
Com. Sub. for S. B. 12, Relating to expedited partner therapy treatment; 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. 436),
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:
Cadle, Marcum, J. Nelson, Paxton and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 12) 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. 278, Redefining "scrap metal"; 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. 437),
and there were--yeas 92, nays 4, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Canterbury, Howell, Sobonya and Walters.
Absent and Not Voting: Cadle, J. Nelson, Paxton and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 278) passed.
On motion of Delegate Manchin, the bill title of the bill was amended to read as follows:
Com. Sub. for S. B. 278 - "A Bill to amend and reenact §61-3-49 of the Code of West
Virginia, 1931, as amended, relating to the purchase of scrap metal by scrap metal dealers; excluding
gold, silver, palladium and platinum in the form of jewelry, bullion, ingots or coins from the
definition of 'scrap metal'; and prohibiting the purchase and sale of such precious metals in form of
jewelry, bullion, ingots or coins under a scrap metal dealer license."
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 438), and there were--yeas 95, nays
1, absent and not voting 4, with the nays and absent and not voting being as follows:
Nays: Howell.
Absent and Not Voting: Cadle, J. Nelson, Paxton and Raines.
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. 278) 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.
Delegate Cadle noted to the Clerk that he was absent when the votes were taken on Roll Nos.
436 and 437, and had he been present he would have voted "Yea" thereon.
S. B. 325, Providing State Fire Marshal serve at will and pleasure of Fire Commission; on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 439),
and there were--yeas 92, nays 5, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Faircloth, Folk, Frich, Hamilton and Kump.
Absent and Not Voting: J. Nelson, Paxton and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 325) passed.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
S. B. 325 - "A Bill to amend and reenact §29-3-11 of the Code of West Virginia, 1931, as
amended, relating to the State Fire Marshal; providing that the State Fire Marshal be appointed by and
serve at the will and pleasure of the Fire Commission; exempting the State Fire Marshal from the
classified civil service system; and providing requirements to serve as the State Fire Marshal."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 375, Excluding certain personal property from TIF assessment; 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. 440), and
there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting being
as follows:
Nays: Howell.
Absent and Not Voting: J. Nelson, Paxton and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 375) 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. 393, Amending funding levels and date Governor may borrow from
Revenue Shortfall Reserve Fund; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 441), and there were--yeas 88, nays 9, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Armstead, Cowles, Espinosa, Faircloth, Folk, Frich, Howell, Kump and Shott.
Absent and Not Voting: J. Nelson, Paxton and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 393) 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 to read as follows:
Com. Sub. for S. B. 393 - "A Bill to amend and reenact §11B-2-20 of the Code of West
Virginia, 1931, as amended, relating to the revenue shortfall reserve fund; and allowing the governor
to borrow money from the fund prior to the first day of April, 2014, if revenues are inadequate to
make timely payments of the states obligations."
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 442), and there were--yeas 85, nays
12, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Cowles, Espinosa, Faircloth, Folk, Frich, Gearheart, Householder, Howell,
Kump, Lane and Shott.
Absent and Not Voting: J. Nelson, Paxton and Raines.
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. 393) 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. 593, Authorizing issuance of limited lines travel insurance producer license; 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. 443),
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: J. Nelson, Paxton and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 593) passed.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
S.B. 593 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §33-12-32b, relating to travel insurance limited lines producers; defining
terms; authorizing the Commissioner of Insurance to issue a travel insurance entity producer license;
establishing fees; requiring licensee to maintain a register of travel retailers offering insurance on its
behalf and designate a responsible individual producer; authorizing a travel retailer to offer travel
insurance and receive compensation under certain conditions; requiring training of travel retailer
employees offering travel insurance; exempting travel insurance entity producers and travel retailers
and employees from examination and continuing education requirements; requiring travel retailer
employees offering travel insurance to provide certain information; and providing for enforcement."
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 444), 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: Hunt, Morgan, J. Nelson, Paxton, Pino and Raines.
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. J. R. 12, Proposing constitutional amendment designated Protecting and
Conserving West Virginias Water Resources for the Use and Benefit of its Citizens Amendment; on
third reading, coming up in regular order, was read a third time.
On the adoption of the resolution, the yeas and nays were taken (Roll No. 445), and there
were--yeas 43, nays 54, absent and not voting 3, with the yeas, nays and absent and not voting being
as follows:
Yeas: Miley, Barill, Barrett, Boggs, Caputo, Diserio, Ellem, Ferro, Fleischauer, Fragale,
Guthrie, Hamilton, Hunt, Iaquinta, Jones, Kinsey, Lawrence, Longstreth, Lynch, Manchin,
Manypenny, Marshall, McCuskey, Moore, Morgan, Perdue, Perry, Pethtel, L. Phillips, Pino, M.
Poling, Poore, Reynolds, Skaff, Skinner, P. Smith, Sponaugle, Staggers, Stephens, Swartzmiller,
Walker, Wells and Young.
Nays: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Barker, Border, Butler,
Cadle, Campbell, Canterbury, Cooper, Cowles, Craig, Eldridge, Ellington, Espinosa, A. Evans, D.
Evans, Faircloth, Ferns, Folk, Frich, Gearheart, Hamrick, Hartman, Householder, Howell, Ireland,
Kump, Lane, Marcum, Miller, Moye, E. Nelson, O'Neal, Overington, Pasdon, R. Phillips, D. Poling,
Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Tomblin, Walters, Westfall, White and
Williams.
Absent and Not Voting: J. Nelson, Paxton and Raines.
So, two thirds of the members elected to the House of Delegates not having voted in the
affirmative, the Speaker declared the resolution (Com. Sub. for S. J. R. 12) rejected. Ordered,
That the Clerk of the House communicate to the Senate the action of the House of Delegates.
Com. Sub. for S. J. R. 14, Proposing constitutional amendment designated Future Fund
Amendment; on third reading, coming up in regular order, with amendments pending and further right
to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page two, following the enacting section, by striking out the reminder
of the resolution and inserting in lieu thereof the following:
"ARTICLE X. Taxation and Finance.
§12. FUTURE FUND.
The principal of the West Virginia Future Fund, as created by general law, may not be spent,
appropriated or encumbered unless by vote of two-thirds of the members elected to each house of the
Legislature. Investment income of the West Virginia Future Fund may be spent, appropriated or encumbered after a term of six years following the statutory creation of the West Virginia Future
Fund. Investment income of the West Virginia Future Fund may be spent, appropriated or
encumbered solely for enhancing education and workforce development; economic development and
diversification; infrastructure improvements; and tax relief measures for the benefit of the citizens
and businesses of the State of West Virginia in a manner and subject to conditions, definitions,
qualifications and requirements as prescribed by general law. For purposes of this amendment,
investment income means income of any nature whatsoever that is generated by or from an
investment, including, but not limited to, distributions, dividends, interest payments, realized gains
and earnings, but shall not include unrealized gains.
The Legislature shall provide, by general law, for the implementation of the provisions of this
amendment.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the
Code of West Virginia, 1931, as amended, such amendment is hereby numbered Amendment No. 1
and designated as the Future Fund Amendment and the purpose of the proposed amendment is
summarized as follows: The purpose of this amendment is to protect the principal of the West
Virginia Future Fund and to specify how the investment income from the fund may be spent. The
principal of the West Virginia Future Fund, as created by general law, may not be spent, appropriated
or encumbered unless by vote of two-thirds of the members elected to each house of the Legislature.
Investment income of the West Virginia Future Fund may be spent, appropriated or encumbered after
a term of six years following the statutory creation of the West Virginia Future Fund. Investment
income of the West Virginia Future Fund may be spent, appropriated, or encumbered solely for
enhancing education and workforce development; economic development and diversification;
infrastructure improvements, including post-mining land development; and tax relief measures for
the benefit of the citizens and businesses of the State of West Virginia in a manner and subject to
conditions, definitions, qualifications and requirements as prescribed by general law."
The resolution was then read a third time.
On the adoption of the resolution, the yeas and nays were taken (Roll No. 446), and there
were--yeas 48, nays 45, absent and not voting 7, with the yeas,nays and absent and not voting being
as follows:
Nays: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle,
Canterbury, Cooper, Cowles, Eldridge, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth,
Ferns, Folk, Frich, Gearheart, Hamrick, Householder, Howell, Ireland, Kinsey, Kump, Lane, Marcum,
McCuskey, Miller, ONeal, Overington, Pasdon, R. Phillips, Romine, Rowan, Shott, Sumner,
Tomblin, Walters and Westfall.
Yeas: Miley, Barill, Barker, Barrett, Boggs, Campbell, Caputo, Craig, Ferro, Fleischauer,
Fragale, Guthrie, Hamilton, Hunt, Jones, Lawrence, Longstreth, Lynch, Manchin, Manypenny,
Marshall, Moore, Morgan, Moye, Perdue, Perry, Pethtel, L. Phillips, Pino, D. Poling, M. Poling,
Poore, Reynolds, Skaff, Skinner, P. Smith, Sponaugle, Staggers, Stephens, Storch, Swartzmiller,
Walker, Wells, White and Williams.
Absent and Not Voting: Diserio, Iaquinta, J. Nelson, Paxton, Raines, R. Smith and
Sobonya.
So, two thirds of the members elected to the House of Delegates not having voted in the
affirmative, the Speaker declared the resolution (S. J. R. 14) rejected.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Iaquinta noted to the Clerk that he was absent when the vote was taken on Com. Sub.
for S. J. R. 14, and that had he been present, he would have voted "Yea" thereon.
Conference Committee Report Availability
At 7:42 p.m., the Clerk announced availability in his office of the report of the Committee of
Conference on Com. Sub. for S. B. 477, Providing teachers determine use of time during planning
period.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 4208, Banning synthetic hallucinogens.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Stollings, Cookman and Nohe.
On motion of Delegate White, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Perdue, Poore and Ellington.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its amendment
and requested the House of Delegates to agree to the appointment of a Committee of Conference of
three from each house on the disagreeing votes of the two houses as to
Com. Sub. for H. B. 4411, Allowing the disposal of drill cuttings and associated drilling
waste generated from well sites in commercial solid waste facilities.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Snyder, Kirkendoll and Blair.
On motion of Delegate White, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Fleischauer, Ferro and Ireland.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 6, Regulating sale of drug products used in manufacture of
methamphetamine.
On motion of Delegate White, the House of Delegates refused to recede from its amendment
and requested the Senate to agree to the appointment of a Committee of Conference of three from
each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Manchin, Perdue and Shott.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 6, Regulating sale of drug products used in manufacture of
methamphetamine.
On motion of Delegate White, the House of Delegates refused to recede from its amendment
and requested the Senate to agree to the appointment of a Committee of Conference of from each
house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Boggs, Reynolds, Williams, Perdue, Anderson, A. Evans and Canturbury.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Daily Calendar
Third Reading
Com. Sub. for S. B. 461, Creating Future Fund; on third reading, coming up in regular order,
with amendments pending and further right to amend, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk on
page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu
thereof the following:
"
ARTICLE 13A. SEVERANCE AND BUSINESS PRIVILEGE TAX ACT.
§11-13A-5b. Creation of West Virginia Future Fund; legislative intent; calculation of deposits
from excess severance tax revenues; permissible uses of investment
income and limitations on expenditures; definitions.
(a) There is hereby created in the State Treasury a special revenue account, designated the
West Virginia Future Fund, which is an interest-bearing account and may be invested by the West
Virginia Investment Management Board in the manner permitted by the provisions of article six,
chapter twelve of this code, with the investment income to be credited to the fund and deposited in
the special revenue account.
(b) The Legislature declares its intention to use the fund as a means of conserving a portion
of the states revenue derived from the increased revenue proceeds received by the state as a result of
any mineral production as well as other funding sources as the Legislature may designate in order to
meet future needs. The principal of the fund shall remain inviolate and no portion of the principal
may be appropriated, expended or encumbered by the Legislature or any official of the state. Only the investment income of this fund may be appropriated and expended:
Provided, That no more than the
average net investment return for the immediately preceding five fiscal years may be appropriated or
expended in any one fiscal year.
(c) Notwithstanding any provision of this code to the contrary, for the fiscal year beginning
July 1, 2014, and each year thereafter, the secretary of revenue shall cause to be deposited in this fund
three percent of the annual severance tax revenue which would otherwise be deposited into the
General Revenue Fund which is attributable to the severance of coal, limestone, sandstone, natural
gas and oil and collected and received pursuant to the provisions of sections three and three-a, article
thirteen-a, chapter eleven of this code:
Provided, That these deposits shall only be made during fiscal
years within which the balance of the Revenue Shortfall Reserve Fund equals or exceeds thirteen
percent of the States General Revenue Fund budget for the fiscal year just ended as determined within
sixty days of the end of that prior fiscal year as provided by subsection (b), section twenty, article two,
chapter eleven-b:
Provided, however, That these deposits shall not be made in any fiscal year in which
the Governors General Revenue Fund estimate relies on transfers from the Revenue Shortfall Reserve
Fund:
Provided further, That these deposits shall not be made in any fiscal year for which mid-year
spending reductions, hiring freezes, mid-year decreases in appropriations or transfers from the
Revenue Shortfall Reserve Fund are necessitated due to revenue shortfalls or would be necessitated
if the deposits were to be made:
And provided further, That amounts that may be deposited into the
fund in error or found later to be subject to these limitations, shall be redeposited into the General
Revenue Fund. The Legislature may, by general appropriation or by designation of other funding
sources, deposit into the fund additional moneys as it considers appropriate.
(d) In order to maximize the value of the fund, no money from the fund may be expended or
appropriated until fiscal year 2020 and thereafter the Legislature may appropriate, subject to the
limitations provided in this section, from the fund solely for enhancing education and workforce
development; economic development and diversification; infrastructure improvements; and tax relief
measures for the benefit of the citizens and businesses of the State of West Virginia.
(e) For purposes of this section:
(1) Economic development and diversification means fostering economic growth and
development in the state, including commercial, industrial, community, cultural or historical
improvements; or preservation or other proper purposes.
(2) Infrastructure improvements means fostering infrastructure improvements including, but
not limited to, post-mining land use, water or wastewater facilities or a part thereof, storm water
systems, steam, gas, telephone and telecommunications, broadband development, electric lines and
installations, roads, bridges, railroad spurs, drainage and flood control facilities, industrial park
development or buildings that promote job creation and retention."
Delegates Nelson, Walters, Armstead, Hamilton and Frich moved to amend the amendment
on page one, line twenty-five, following the word "legislature", by striking out "or any official of the
state. Only", and inserting in lieu thereof the following "unless by vote of two-thirds of the members
elected to each house of the Legislature, and no more than fifteen percent of the principal may be so
appropriated at any one time. Except as thus, restricted, only".
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. 447), and there were--yeas
48, nays 49, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle,
Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Folk,
Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kinsey, Kump, Lane,
McCuskey, Miller, E. Nelson, ONeal, Overington, Pasdon, Poore, Romine, Rowan, Shott, R. Smith,
Sobonya, Stephens, Storch, Sumner, Walters and Westfall.
Absent and Not Voting: J. Nelson, Paxton and Raines.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment did not prevail.
The Clerk then reported an amendment offered by Delegate Folk.
Whereupon,
Delegate Folk asked unanimous consent that the amendment be reformed, which consent was
not given, objection being heard.
The Clerk then reported an amendment on page three, line three, following the word "fund",
by inserting the following:
":
And, provided further, that these deposits shall not be made in any fiscal year in which any
of the following retirement systems:
(1) The West Virginia Public Employees Retirement System as delineated in article ten of
chapter five;
(2) The Deputy Sheriff Retirement System as delineated in article fourteen-d of chapter seven
of this code;
(3) The West Virginia State Police Death, Disability and Retirement Fund as delineated in
article two, chapter fifteen of this code;
(4) The West Virginia State Police Retirement System as delineated in article two-a, chapter
fifteen of this code;
(5) The State Teachers Retirement System as delineated in article seven-a, chapter eighteen
of this code;
(6) The West Virginia higher education retirement plan and supplemental retirement plan as
delineated in article seven-a and article twenty-three of chapter eighteen of this code;
(7) The West Virginia Emergency Medical Services Retirement System as delineated in article
five-v, chapter sixteen of this code;
(8) The Teachers Defined Contribution Retirement System as delineated in article seven-b,
chapter eighteen of this code;
(9) The Judges Retirement System as delineated in article nine, chapter fifty-one of this code;
is not funded to eighty percent or more of the actuarial accrued liabilities."
On the adoption of the amendment to the amendment, Delegate Folk demanded the yeas and
nays, which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 448), and there were--yeas
19, nays 78, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Arvon, Cadle, Ellington, Faircloth, Folk, Frich, Hamilton, Householder, Kump, Lane,
McCuskey, Miller, ONeal, Overington, Reynolds, Shott, R. Smith, Sobonya and Staggers.
Absent and Not Voting: J. Nelson, Paxton and Raines.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment did not prevail.
Conference Committee Report Availability
At 8:10 p.m., the Clerk announced availability in his office of the report of the Committee of
Conference on Com. Sub. for H. B. 4208, Banning synthetic hallucinogens.
Daily Calendar
Third Reading
-Continued-
Com. Sub. for S. B. 461, Creating Future Fund; was taken up further consideration.
On the adoption of the amendment to the amendment, Delegate Lane demanded the yeas and
nays, which demand was sustained.
Delegates Armstead, Lane, Nelson and Shott moved to amend the amendment on page four,
following line one, by inserting the following new section:
"
§11-13A-5c. Tax Reduction Fund
(a) Notwithstanding any other provision of this code to the contrary, beginning July 1, 2015,
and in each succeeding fiscal year, the revenue received during the fiscal year, attributable to the tax
imposed on the severance of natural gas in section three-a of this article in excess of $68 million and
which is not dedicated for the specific purposes as provided in sections five-a and five-b of this
article, shall be deposited into a special fund known as the Tax Reduction Fund which is hereby established in the State Treasury. Other funds may be deposited in the fund from any other source,
including funds appropriated by the Legislature.
_____(b) Funds in the Tax Reduction Fund are hereby dedicated to be appropriated or distributed
as follows:
_____(1) Beginning with the fiscal year after June 30, 2016, and for each succeeding fiscal year until
the fiscal year, if any, in which an amendment to the Constitution of the State of West Virginia is
ratified which permits elimination or reduction of the ad valorem personal property tax on inventory
and equipment held for commercial or industrial use, the distributions from the fund shall be made
as appropriated by the Legislature for the purpose of tax reduction for the benefit of the citizens of
the State of West Virginia as it considers appropriate: Provided, That no more than fifty percent of
each fiscal year's revenue deposited in the Tax Reduction Fund may be so appropriated.
_____(2) Within sixty days of the beginning of the first fiscal year following the ratification of an
amendment to the Constitution of the State of West Virginia which permits the elimination or
reduction of the ad valorem personal property tax on inventory and equipment held for commercial
or industrial use, and in each fiscal year thereafter, the Treasurer shall annually distribute from the
balance of the Tax Reduction Fund on a proportionate basis to each county and county school board
of the state an amount of moneys which shall be apportioned among the levying units of the state in
proportion to the levy laid upon the Class III and Class IV personal property held for ongoing
commercial use within each levying unit as reported on the certificate of valuation filed by each
county with the Department of Tax and Revenue for the preceding year."
The yeas and nays were taken
(Roll No. 449), and there were--yeas 45, nays 51, absent and
not voting 4, with the yeas and absent and not voting being as follows:
Yeas: Ambler, Anderson, Andes, Armstead, Arvon, Ashley, Azinger, Border, Butler, Cadle,
Canterbury, Cooper, Cowles, Ellem, Ellington, Espinosa, A. Evans, D. Evans, Faircloth, Ferns, Folk,
Frich, Gearheart, Hamilton, Hamrick, Householder, Howell, Ireland, Kump, Lane, McCuskey, Miller,
E. Nelson, ONeal, Overington, Pasdon, Romine, Rowan, Shott, R. Smith, Sobonya, Storch, Sumner, Walters and Westfall.
Absent and Not Voting: Fleischauer, J. Nelson, Paxton and Raines.
So, a majority of the members present and voting having voted in the affirmative, the
amendment to the amendment did not prevail.
Delegate Armstead moved to amend the amendment on page four, line one, by inserting the
following subsection:
"(3) Tax relief means reducing the tax responsibility of citizens and businesses located in the
state of West Virginia, including but not limited to, increasing the Homestead Exemption, and
reducing or eliminating the ad valorem property tax on inventory and equipment held for commercial
or industrial use."
The Finance Committee amendment, as amended, was then adopted.
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. 450),
and there were--yeas 91, nays 5, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Butler, Folk, Gearheart, Howell and Kump.
Absent and Not Voting: Ireland, J. Nelson, Paxton and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 461) 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 to read as follows:
Com. Sub. for S. B. 461 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §11-13A-5b, relating to creation of a Future Fund for
conserving a portion of proceeds from certain severance tax revenues for future expenditures; creating
an interest-bearing special revenue account; authorizing the West Virginia Investment Management
Board to invest moneys of the fund; providing that the principal of the fund be inviolate and that only the investment income may be expended; providing for contributions to the fund from a portion of
revenues collected from certain severance taxes; prohibiting appropriation and expenditure from the
fund until fiscal year 2020; limiting of amount of appropriation from the fund in certain
circumstances; requiring moneys to be expended solely for enhancing education and workforce
development; economic development and diversification; infrastructure improvements; and tax relief
measures for the benefit of the citizens and businesses of the State of West Virginia; and defining
certain terms."
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. 495, Increasing collections into Land Division special revenue account;
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. 451),
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: Fleischauer, J. Nelson, Paxton and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 495) 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. 204, Relating to crime victims compensation awards; on third reading,
coming up in regular order, was reported by the Clerk.
Delegate White asked and obtained unanimous consent to amend the bill on third reading.
On motion of Boggs, the bill was amended on page twenty-five, section eighteen, line seven,
following the word "
compensation", by striking out the remainder of the sentence and inserting a
semicolon and the following:
"
Provided, That, no criminal charges need be filed if: (1) the claimant is an adult at the time the conduct giving rise to the claim occurred and no criminal charges were filed for reasons other than
the desire of the claimant and a law enforcement agency confirms that the available evidence supports
a finding that a crime occurred, or (2) the claimant was a juvenile at the time the conduct giving rise
to the claim occurred."
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. 452),
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: Ferro, Fleischauer, Ireland, J. Nelson, Paxton and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 204) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 453), 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: Ferro, Fleischauer, Ireland, J. Nelson, Paxton, Raines and P.
Smith.
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. 204) takes effect from its passage.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 204 - "A Bill to amend and reenact §14-2A-3, §14-2A-9, §14-2A-12,
§14-2A-14 and §14-2A-18 of the Code of West Virginia, 1931, as amended, all relating to
compensation awards to victims of crimes generally; redefining terms; increasing the amount of
victim relocation costs; allowing student loans obtained by a victim to be treated as a lost scholarship
in certain instances; modifying required time period in which a claimant should report offense to law
enforcement; requiring that a criminal complaint being filed or a forensic exam being performed is a prerequisite to filing a claim in certain circumstances; allowing victims of sexual offenses to
undergo a forensic examination rather than reporting to law enforcement; permitting the Court of
Claims to hire two additional claim investigators; and permitting claim investigators to acquire
autopsy reports from the State Medical Examiner."
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. 432, Relating to calculating local share; on third reading, coming up in
regular order, was, on motion of Delegate White, laid upon the table.
First Reading
H. B. 4623, Expiring funds into the unappropriated surplus balance in the state fund General
Revenue, and making a supplementary appropriation to the Department of Commerce, Division of
Natural Resources; on first reading, coming up in regular order, was, on motion of Delegate White,
laid upon the table.
At 8:28 p.m., on motion of Delegate White, the House of Delegates recessed for ten minutes,
and reconvened at that time.
Messages from the Senate
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:
H. B. 2477, Permitting certain auxiliary lighting on motorcycles.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 15. EQUIPMENT.
§17C-15-23. Lighting equipment on motorcycles, motor-driven cycles and mopeds.
The head lamp or head lamps upon every motorcycle, motor- driven cycle and moped may be
of the single-beam or multiple-beam type but in either event shall comply with the requirements and
limitations as follows:
(1) Every said head lamp or head lamps shall be of sufficient intensity to reveal a person or
a vehicle at a distance of not less than one hundred feet when the motorcycle, motor-driven cycle or
moped is operated at any speed less than twenty-five miles per hour and at a distance of not less than
two hundred feet when it is operated at a speed of twenty-five or more miles per hour.
(2) In the event If the motorcycle, motor-driven cycle or moped is equipped with a
multiple-beam type head lamp or head lamps the upper beam shall meet the minimum requirements
set forth above and shall not exceed the limitations set forth in section twenty (a) of this article and
the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set
forth in section twenty (b) of this article.
(3) In the event If the motorcycle, motor-driven cycle or moped is equipped with a
single-beam lamp or lamps, said the lamp or lamps shall be so aimed that when the vehicle is loaded
none of the high-intensity portion of light, at a distance of twenty-five feet ahead, shall project higher
than the level of the center of the lamp from which it comes.
(4) (A) Subject to paragraph (B) of this subdivision, a motorcycle may be equipped with, and
an operator of a motorcycle may use, the following auxiliary lighting:
_____(i) Amber and white illumination;
_____(ii) Standard bulb running lights; or
_____(iii) Light-emitting diode pods and strips.
_____(B) Lighting under this subdivision shall be:
_____(i) Nonblinking;
_____(ii) Nonflashing;
_____(iii) Nonoscillating; and
_____(iv) Directed toward the engine and the drive train of the motorcycle to prevent interference with the drivers operation of the vehicle."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 454), and there were--yeas
97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Skaff.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2477) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with
amendment, and the passage, as amended, of
S. B. 454, Defining dam "owner".
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendment to the House of Delegates amendment was reported by the
Clerk:
On page six, section three, subsection (k), subdivision (3), after "§ 3451", by changing the
period to a colon and inserting the following proviso: "Provided, That an owner is not responsible
for or liable for repairs, maintenance or damage arising from the regular operation, maintenance,
deficiencies or ownership of the dam, nor shall the owner be cited as a noncompliant dam owner for
any deficiencies of the dam, so long as the owner does not intentionally cause, damage or interfere
with the regular operation and maintenance of the dam."
And,
On page six, section three, subsection (k), by striking out all of subdivision (4).
On motion of Delegate White, the House of Delegates concurred in the Senate amendment
to the House amendment.
The bill, as amended by the House and further amended by the Senate, was then put upon its
passage.
On passage of the bill, the yeas and nays were taken (Roll No. 455), 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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 454) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 2606, Permitting the State Rail Authority to set the salary of the
executive director.
On motion of Delegate White, the bill was taken up for immediate consideration.
Delegate White moved that the bill take effect from its passage.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 456),
and there were--yeas 98, nays none, absent and not voting 2, with the nays and absent and not voting
being as follows:
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2606) 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 amendment, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 2757, Private cause of action for the humane destruction of a dog.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 20D. PRIVATE CAUSE OF ACTION FOR THE HUMANE DESTRUCTION OF
A DOG.
§19-20D-1. Purpose.
The purpose of this article is to protect the public by providing a private cause of action
seeking euthanasia of a dog in magistrate court to a person who has been attacked by a dog resulting
in personal injuries requiring medical treatment which cost $2,000 or more, or who has been attacked
by the dog and the dog had attacked a person causing personal injury which required medical
treatment within the previous twelve months.
§19-20D-2. Procedure; petition to magistrate court; elements of action; burden of proof;
attorney fees; limitation of action.
(a) A person seeking relief under this article may apply to the magistrate court in the county
where the dog owner resides, or the county where the injury occurred, by verified petition setting forth
and affirming the following:
(1) That the owner of the dog resides in the county where the petition is filed or the attack
giving rise to the action occurred in the county where the petition is filed;
(2) That the petitioner was:
(A) Attacked by the dog and the attack resulted in personal injuries requiring medical
treatment in the amount of $2,000 or more; or
(B) Attacked by the dog and the dog had engaged in a separate attack on a person causing
personal injury requiring medical treatment within the previous twelve months; and
(3) That the petitioner did nothing to provoke the dog.
(b) The petition and summons shall be served on the respondent in the manner set forth in Rule 4 of the West Virginia Rules of Civil Procedure.
(c) The petitioner must prove the allegations in the petition by clear and convincing evidence.
(d) The prevailing party is entitled to an award of reasonable attorney fees and costs.
(e) The limitations of the cause of action in this article are as follows:
(1) Relief, other than attorney fees and costs in subsection (d) of this section, is limited to an
order directing that the owner of the dog have the dog euthanized; and
(2) The cause of action provided by this article does not establish statutory liability nor does
it supplant a common law negligence cause of action.
§19-20D-3. Order of the magistrate court.
(a) If the trier of fact finds by clear and convincing evidence that the dog which is the subject
of the action under this article has attacked the petitioner and caused personal injuries requiring
medical treatment in the amount of $2,000 or more or that the dog attacked the petitioner and within
the twelve month period prior to the attack had engaged in a separate attack causing personal injury
requiring medical treatment, then the court shall order the owner of the dog to have the dog
euthanized.
(b) The magistrate court shall issue and file a written order that sets forth the following:
(1) Findings of fact and conclusions of law; and
(2) If the court orders euthanasia, a specific date upon which the owner of the dog must have
the euthanasia performed and a direction that documentation be mailed to the petitioner and filed with
the court by a specific date showing that the procedure was performed.
(c) If the court does not order euthanasia, the court shall order that the petition be dismissed
with prejudice.
(d) The court may award reasonable attorney fees and costs to the prevailing party."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2757 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §19-20D-1, §19-20D-2 and §19-20D-3, all relating to the
creation of a private cause of action in magistrate court for the purpose of seeking humane destruction of a dog which has attacked a person; providing the elements of the cause of action and contents of
the verified petition; allowing attorney fees; providing for limitations of the cause of action; and
requiring the court to issue a written order; providing for contents of order; requiring proof of
euthansia; and requiring dismissal of petition if euthanasia not ordered."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
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. 457),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Manypenny.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub for H. B. 2757) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
Com. Sub. for H. B. 4254, Providing that certain state employees may be granted a leave of
absence with pay during a declared state of emergency,
And,
Com. Sub. for H. B. 2954, Requiring that members of the Mine Safety Technology Task
Force are paid the same compensation as members of the Legislature.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had receded from its amendments and
again passed, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4283, Raising the minimum wage.
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. 3011, Removing the provision that requires an applicant to meet federal
requirements concerning the production, distribution and sale of industrial hemp prior to being
licensed.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page three, section five, after line twenty-nine, by adding a new subsection, designated
subsection (e), to read as follows:
"(e) Notwithstanding any provision of this article or the provisions of chapter sixty-a of this
code to the contrary, only the Department of Agriculture and state institutions of higher learning
licensed and authorized by the commissioner to do so may lawfully grow or cultivate industrial hemp
in this state."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 3011 - "A Bill to amend and reenact §19-12E-5 and §19-12E-9 of the
Code of West Virginia, 1931, as amended, all relating to removing the provision that requires an
applicant to meet federal requirements concerning the production, distribution and sale of industrial
hemp prior to being licensed to grow hemp for industrial purposes in the state or as part of a complete
defense to a prosecution for the possession or cultivation of marijuana; and limiting the cultivation
of industrial hemp to research conducted by the Commissioner of Agriculture and institutions of
higher learning authorized by the Commissioner to do so."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 458), and there were--yeas
90, nays 7, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Cooper, D. Evans, Gearheart, Howell, Kinsey and Lane.
Absent and Not Voting: Iaquinta, J. Nelson and Raines.
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. 3011) 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 amendment, to take
effect from passage, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4002, Relating to the computation of local share for public school
support purposes.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §11-1C-5b of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that §18-9A-2, §18-9A-2a and §18-9A-11 of said code be amended and reenacted, all to read as
follows:
CHAPTER 11. TAXATION.
ARTICLE 1C. FAIR AND EQUITABLE PROPERTY VALUATION.
§11-1C-5b. Assessment for purpose of calculating local share.
(a) This section is effective July 1, 2013,
and distribution of state aid pursuant to the local
share calculations made pursuant to this section shall occur during the 2014-2015 fiscal year and all
fiscal years thereafter.
(b) The Tax Commissioner shall calculate the total assessed values for the purpose of
calculating local share for each county each year pursuant to this section and report the total assessed
values to the State Board of Education on or before
December 1 March 3 of each year.
(c) To provide for assessors to assess at sixty percent of market value, it is the intent of the
Legislature that local share, as set forth in section eleven, article nine-a, chapter eighteen of this code,
be calculated assuming that the types of property included in the assessment ratio study in each county are assessed at a level in which the assessment ratio study indicates would be sixty percent of market
value.
(d) For each of lasses II, III and IV as set forth in section five, article eight of this chapter, all
real property of the type that is or would be included in the assessment ratio study if sold is assumed
for the purpose of calculating local share to be assessed at the amount the property would be assessed
at if all the property in the class were adjusted under the assumption that, using a ratio of sixty
percent, all the property were
under or over assessed under assessed or over assessed to the same
extent as that property included in the assessment ratio study so that using the assessment ratio study
as an indicator all the property in the class would be assessed at the ratio of sixty percent of market
value,
subject to the following:
_____(1) Provided, That If the sales ratio analysis indicates that assessments are within ten percent
of sixty percent of market value, assessments are considered to be sixty percent of market value for
the purposes of this section;
(2) For tax years beginning on and after the July 1, 2013, assessment date, for the first tax year
when a countys assessments are below sixty percent of market value, including the ten-percent
variance:
_____(A) The actual assessed values of the properties to which this subsection applies shall be used
for the purposes of calculating local share; and
_____(B) In addition to any other sanctions and notices the Property Valuation Training and
Procedures Commission may elect to adopt or apply, the commission shall, at a minimum, notify the
county assessor that the sales ratio study indicates that assessments are below sixty percent of market
value including the ten-percent variance;
_____(3) For the second consecutive year that assessments are below sixty percent of market value
including the ten-percent variance, the use of the assumed assessed values shall be used for the
purposes of calculating local share in the next succeeding tax year after the first tax year when a
countys assessments are below sixty percent of market value, including the ten-percent variance, and
for succeeding consecutive years thereafter until such time as assessments are not below sixty percent
of market value, including the ten-percent variance. For the purposes of this subsection, only tax years beginning on or after the July 1, 2013, assessment date may count as the first year;
_____(4) In any county for which a valid sales ratio analysis cannot be obtained, owing to a lack of
arms-length sales of property in the county, it shall be assumed, for purposes of this section, that all
property in that county is assessed at sixty percent of the appraised value, as determined by the Tax
Commissioner; and
_____(5) Should a county fail in any year to meet the minimum sales ratio required by this section,
the county may, upon express written waiver of the Tax Commissioner, be relieved of the penalties
imposed by this section upon a showing by the assessor of that county that the preliminary sales ratio
for the next succeeding year would meet the minimum ratio.
(e) The amount of the assumed assessed values determined pursuant to subsection (d) of this
section shall be added to the actual assessed values of personal property, farmland, managed
timberland, public utility property or any other centrally
assessed appraised property provided in
paragraphs (A), (B), (C) and (D), subdivision (2), subsection (a), section five of this article and the
sum of these values is the total assessed value for the purpose of calculating local share.
CHAPTER 18. EDUCATION.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-2. Definitions.
For the purpose of this article:
(a) State board means the West Virginia Board of Education.
(b) County board or board means a county board of education.
(c) Professional salaries means the state legally mandated salaries of the professional
educators as provided in article four, chapter eighteen-a of this code.
(d) Professional educator shall be synonymous with and shall have the same meaning as
teacher as defined in section one, article one of this chapter, and includes technology integration
specialists.
(e) Professional instructional personnel means a professional educator whose regular duty is
as that of a classroom teacher, librarian, attendance director or school psychologist. A professional
educator having both instructional and administrative or other duties shall be included as professional instructional personnel for that ratio of the school day for which he or she is assigned and serves on
a regular full-time basis in appropriate instruction, library, attendance or psychologist duties.
(f) Professional student support personnel means a teacher as defined in section one, article
one of this chapter who is assigned and serves on a regular full-time basis as a counselor or as a
school nurse with a bachelors degree and who is licensed by the West Virginia Board of Examiners
for Registered Professional Nurses. For all purposes except for the determination of the allowance
for professional educators pursuant to section four of this article, professional student support
personnel are professional educators.
(g) Service personnel salaries means the state legally mandated salaries for service personnel
as provided in section eight-a, article four, chapter eighteen-a of this code.
(h) Service personnel means all personnel as provided in section eight, article four, chapter
eighteen-a of this code. For the purpose of computations under this article of ratios of service
personnel to net enrollment, a service employee shall be counted as that number found by dividing
his or her number of employment days in a fiscal year by two hundred:
Provided, That the
computation for any service person employed for three and one-half hours or less per day as provided
in section eight-a, article four, chapter eighteen-a of this code shall be calculated as one half an
employment day.
(i) Net enrollment means the number of pupils enrolled in special education programs,
kindergarten programs and grades one to twelve, inclusive, of the public schools of the county. Net
enrollment further shall include:
(1) Adults enrolled in regular secondary vocational programs existing as of the effective date
of this section, subject to the following:
(A) Net enrollment includes no more than one thousand of those adults counted on the basis
of full-time equivalency and apportioned annually to each county in proportion to the adults
participating in regular secondary vocational programs in the prior year counted on the basis of
full-time equivalency; and
(B) Net enrollment does not include any adult charged tuition or special fees beyond that
required of the regular secondary vocational student;
(2) Students enrolled in early childhood education programs as provided in section forty-four,
article five of this chapter, counted on the basis of full-time equivalency;
(3) No pupil shall be counted more than once by reason of transfer within the county or from
another county within the state, and no pupil shall be counted who attends school in this state from
another state;
(4) The enrollment shall be modified to the equivalent of the instructional term and in
accordance with the eligibility requirements and rules established by the state board; and
(5) For the purposes of determining the countys basic foundation program only, for any county
whose net enrollment as determined under all other provisions of this definition is less than one
thousand four hundred, the net enrollment of the county shall be increased by an amount to be
determined in accordance with the following:
(A) Divide the states lowest county student population density by the countys actual student
population density;
(B) Multiply the amount derived from the calculation in paragraph (A) of this subdivision by
the difference between one thousand four hundred and the countys actual net enrollment;
(C) If the increase in net enrollment as determined under this subdivision plus the countys net
enrollment as determined under all other provisions of this subsection is greater than one thousand
four hundred, the increase in net enrollment shall be reduced so that the total does not exceed one
thousand four hundred; and
(D) During the 2008-2009 interim period and every three interim periods thereafter, the
Legislative Oversight Commission on Education Accountability shall review the provisions of this
subdivision to determine whether or not they properly address the needs of counties with low
enrollment and a sparse population density.
(j) Sparse-density county means a county whose ratio of net enrollment, excluding any
increase in the net enrollment of counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is less than five.
(k) Low-density county means a county whose ratio of net enrollment, excluding any increase
in the net enrollment of counties pursuant to subdivision (5) of the definition of net enrollment, to the square miles of the county is equal to or greater than five but less than ten.
(l) Medium-density county means a county whose ratio of net enrollment, excluding any
increase in the net enrollment of counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or greater than ten but less than twenty.
(m) High-density county means a county whose ratio of net enrollment, excluding any increase
in the net enrollment of counties pursuant to subdivision (5) of the definition of net enrollment, to the
square miles of the county is equal to or greater than twenty.
(n) Levies for general current expense purposes means
ninety-four percent of the levy rate for
county boards of education calculated or set by the Legislature pursuant to the provisions of section
six-f, article eight, chapter eleven of this code: Provided, That beginning July 1, 2008, levies for
general current expense purposes means ninety percent of the levy rate for county boards of education
calculated or set by the Legislature pursuant to the provisions of section six-f, article eight, chapter
eleven of this code:
Provided, however, That
effective July 1, 2010, the
definitions definition set
forth in this subsection
are is subject to the provisions of section two-a of this article.
(o) Technology integration specialist means a professional educator who has expertise in the
technology field and is assigned as a resource teacher to provide information and guidance to
classroom teachers on the integration of technology into the curriculum.
(p) State-aid eligible personnel means all professional educators and service personnel
employed by a county board in positions that are eligible to be funded under this article and whose
salaries are not funded by a specific funding source such as a federal or state grant, donation,
contribution or other specific funding source not listed.
§18-9A-2a. Definition of levies for general current expense purposes.
(a) For the purposes of this section only, property means only Class II, III and IV properties
exclusive of natural resources property as defined in section ten, article one-c, chapter eleven of this
code, personal property, farmland, managed timberland, public utility property or any other centrally
assessed property provided in paragraphs (A), (B), (C) and (D), subdivision (2), subsection (a),
section five, article one-c, chapter eleven of this code:
Provided, That nothing in this subsection may
be construed to require that levies for general current expense purposes be applied only to those properties that are included in this definition.
(b) For the purposes of this section only, the median ratio of the assessed values to actual
selling prices in the assessment ratio study applicable to the immediately preceding fiscal year shall
be used as the indicator to determine the percentage market value that properties are being assessed
at.
(c) For tax years beginning on and after the July 1, 2013, assessment date, for the first tax year
when a countys assessments are below sixty percent of market value, including the ten-percent
variance, the requirements of subdivision (2), subsection (d), section five-b, article one-c, chapter
eleven of this code shall apply.
_____(c) (d) Notwithstanding any other provision of this section or section two of this article,
effective July 1, 2013 for any county that is not assessing property at least at fifty-four percent of
market value for the second consecutive year that a countys assessments are below sixty percent of
market value including the ten-percent variance and for any next succeeding consecutive years
thereafter that assessments remain below that level, levies for general current expense purposes means
ninety-eight percent of the levy rate for county boards of education set by the Legislature pursuant to
section six-f, article eight, chapter eleven of this code.
For the purposes of this subsection, only tax
years beginning on or after the July 1, 2013, assessment date may count as the first year.
_____(d) (e) Any county that receives additional state aid due to its using a percentage less than
ninety-eight percent in the calculation of levies for general current expense purposes, shall report to
the state board how the additional state aid was used. The state board shall compile the reports from
all the county boards into a single report, and shall report to the Legislative Oversight Commission
on Education Accountability how the county boards used this additional state aid. The report shall
be made annually as soon as practical after the end of each fiscal year.
§18-9A-11. Computation of local share; appraisal and assessment of property; public library
support.
(a) On the basis of each countys certificates of valuation as to all classes of property as
determined and published by the assessors pursuant to section six, article three, chapter eleven of this
code for the next ensuing fiscal year in reliance upon the assessed values annually developed by each county assessor pursuant to the provisions of articles one-c and three of said chapter, the state board
shall for each county compute by application of the levies for general current expense purposes, as
defined in section two of this article, the amount of revenue which the levies would produce if levied
upon one hundred percent of the assessed value of each of the several classes of property contained
in the report or revised report of the value, made to it by the Tax Commissioner as follows:
(1) The state board shall first take ninety-five percent of the amount ascertained by applying
these rates to the total assessed public utility valuation in each classification of property in the county;
and
(2) The state board shall then apply these rates to the assessed taxable value of other property
in each classification in the county as determined by the Tax Commissioner and shall deduct
therefrom five percent as an allowance for the usual losses in collections due to discounts,
exonerations, delinquencies and the like. All of the amount so determined shall be added to the
ninety-five percent of public utility taxes computed as provided in subdivision (1) of this subsection
and this total shall be further reduced by the amount due each county assessors office pursuant to the
provisions of section eight, article one-c, chapter eleven of this code and this amount shall be the local
share of the particular county.
As to any estimations or preliminary computations of local share required prior to the report
to the Legislature by the Tax Commissioner, the state shall use the most recent projections or
estimations that may be available from the Tax Department for that purpose.
(b) Effective July 1, 2013, subsection (a) of this section is void and local share shall be
calculated in accordance with the following:
(1) The state board shall for each county compute by application of the levies for general
current expense purposes, as defined in sections two and two-a of this article, the amount of revenue
which the levies would produce if levied upon one hundred percent of the assessed value calculated
pursuant to section five-b, article one-c, chapter eleven of this code;
(2) Five percent shall be deducted from the revenue calculated pursuant to subdivision (1) of
this subsection as an allowance for the usual losses in collections due to discounts, exonerations,
delinquencies and the like; and
(3) The amount calculated in subdivision (2) of this subsection shall further be reduced by the
sum of money due each assessors office pursuant to the provisions of section eight, article one-c,
chapter eleven of this code and this reduced amount shall be the local share of the particular county.
As to any estimations or preliminary computations of local share required prior to the report
to the state board by the Tax Commissioner pursuant to section five-b, article one-c, chapter eleven
of this code, including computations necessary for the Governors proposed budget, the state shall use
the most recent projections or estimations that may be available from the Tax Department for that
purpose.
(c) Whenever in any year a county assessor or a county commission fails or refuses to comply
with the provisions of this section in setting the valuations of property for assessment purposes in any
class or classes of property in the county, the State Tax Commissioner shall review the valuations for
assessment purposes made by the county assessor and the county commission and shall direct the
county assessor and the county commission to make corrections in the valuations as necessary so that
they comply with the requirements of chapter eleven of this code and this section and the Tax
Commissioner shall enter the county and fix the assessments at the required ratios. Refusal of the
assessor or the county commission to make the corrections constitutes grounds for removal from
office.
(d) For the purposes of any computation made in accordance with the provisions of this
section, in any taxing unit in which tax increment financing is in effect pursuant to the provisions of
article eleven-b, chapter seven of this code, the assessed value of a related private project shall be the
base-assessed value as defined in section two of said article.
(e) For purposes of any computation made in accordance with the provisions of this section,
in any county where the county board of education has adopted a resolution choosing to use the
provisions of the Growth County School Facilities Act set forth in section six-f, article eight, chapter
eleven of this code, estimated school board revenues generated from application of the regular school
board levy rate to new property values, as that term is designated in said section, may not be
considered local share funds and shall be subtracted before the computations in subdivisions (1) and
(2), subsection (a) of this section or in subdivisions (2) and (3), subsection (b) of this section, as applicable, are made.
(f) The Legislature finds that public school systems throughout the state provide support in
varying degrees to public libraries through a variety of means including budgeted allocations, excess
levy funds and portions of their regular school board levies as may be provided by special act. A
number of public libraries are situated on the campuses of public schools and several are within
public school buildings serving both the students and public patrons. To the extent that public
schools recognize and choose to avail the resources of public libraries toward developing within their
students such legally recognized elements of a thorough and efficient education as literacy, interests
in literature, knowledge of government and the world around them and preparation for advanced
academic training, work and citizenship, public libraries serve a legitimate school purpose and may
do so economically. For the purposes of any computation made in accordance with the provisions
of this section, the library funding obligation on the regular school board levies which is created by
a special act and is due and payable from the levy revenues to a library shall be paid from the county
school boards discretionary retainage, which is hereby defined as the amount by which the regular
school board levies exceeds the local share as determined hereunder. If the library funding obligation
which is created by a special act and is due and payable to a library is greater than the county school
boards discretionary retainage, the library funding obligation created by the special act is amended
and is reduced to the amount of the discretionary retainage, notwithstanding any provisions of the
special act to the contrary. Any excess of the discretionary retainage over the library funding
obligation shall be available for expenditure by the county board in its discretion for its properly
budgeted purposes.
(g) It is the intent of the Legislature that whenever a provision of subsection (f) of this section
is contrary to any special act of the Legislature which has been or may in the future be enacted by the
Legislature that creates a library funding obligation on the regular school board levy of a county,
subsection (f) of this section controls over the special act. Specifically, the special acts which are
subject to said subsection upon the enactment of this section during the 2007 regular session of the
Legislature include:
(1) Enrolled Senate Bill No. 11, passed on February 12, 1970, applicable to the Berkeley County Board of Education;
(2) Enrolled House Bill No. 1352, passed on April 7, 1981, applicable to the Hardy County
Board of Education;
(3) Enrolled Committee Substitute for House Bill No. 2833, passed on March 14, 1987,
applicable to the Harrison County Board of Education;
(4) Enrolled House Bill No. 161, passed on March 6, 1957, applicable to the Kanawha County
Board of Education;
(5) Enrolled Senate Bill No. 313, passed on March 12, 1937, as amended by Enrolled House
Bill No. 1074, passed on March 8, 1967, and as amended by Enrolled House Bill No. 1195, passed
on January 18, 1982, applicable to the Ohio County Board of Education;
(6) Enrolled House Bill No. 938, passed on February 28, 1969, applicable to the Raleigh
County Board of Education;
(7) Enrolled House Bill No. 398, passed on March 1, 1935, applicable to the Tyler County
Board of Education;
(8) Enrolled Committee Substitute for Senate Bill No. 450, passed on March 11, 1994,
applicable to the Upshur County Board of Education; and
(9) Enrolled House Bill No. 2994, passed on March 13, 1987, applicable to the Wood County
Board of Education.
(h) Notwithstanding any provision of any special act set forth in subsection (g) of this section
to the contrary, the county board of any county with a special act creating a library obligation out of
the countys regular school levy revenues may transfer that library obligation so that it becomes a
continuing obligation of its excess levy revenues instead of an obligation of its regular school levy
revenues, subject to the following:
(1) If a county board chooses to transfer the library obligation pursuant to this subsection, the
library funding obligation shall remain an obligation of the regular school levy revenues until the
fiscal year in which the excess levy is effective or would have been effective if it had been passed by
the voters;
(2) If a county board chooses to transfer the library obligation pursuant to this subsection, the county board shall include the funding of the public library obligation in the same amount as its
library funding obligation which exists or had existed on its regular levy revenues as one of the
purposes for the excess levy to be voted on as a specifically described line item of the excess levy:
Provided, That if the county board has transferred the library obligation to the excess levy and the
excess levy fails to be passed by the voters or the excess levy passes and thereafter expires upon the
time limit for continuation as set forth in section sixteen, article eight, chapter eleven of this code,
then in any subsequent excess levy which the county board thereafter submits to the voters the library
funding obligation again shall be included as one of the purposes of the subsequent excess levy as a
specifically described line item of the excess levy;
(3) If a county board chooses to transfer the library obligation pursuant to this subsection,
regardless of whether or not the excess levy passes, effective the fiscal year in which the excess levy
is effective or would have been effective if it had been passed by the voters, a countys library
obligation on its regular levy revenues is void notwithstanding any provision of the special acts set
forth in subsection (g) of this section to the contrary; and
(4) Nothing in subdivision (3) of this subsection prohibits a county board from funding its
public library obligation voluntarily."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4002 - "A Bill to amend and reenact §11-1C-5b of the Code of West
Virginia, 1931, as amended; and to amend and reenact §18-9A-2, §18-9A-2a and §18-9A-11 of said
code, all relating to calculating local share; changing the deadline for Tax Commissioner to report the
total assessed values to the State Board of Education; delaying use of assessment ratio study for
calculating local share until the second consecutive year, and consecutive years thereafter, that
assessments are below sixty percent of market value including the ten-percent variance; creating
assumption that all property in a county is assessed at sixty percent for the purpose of determining
whether to use the sales ratio analysis in the calculation of local share when a valid sales ratio analysis
cannot be obtained due to a lack of arms-length sales of property in a county; allowing Tax
Commissioner to waive the use of the sales ratio analysis for calculating local share upon a showing by the assessor of that county that the preliminary sales ratio for the next succeeding year would meet
the minimum ratio; delaying the increase in the percent of local levy rate for county boards of
education used for calculating local share until the second consecutive year, and consecutive years
thereafter, that assessments are below sixty percent of market value including the ten-percent
variance; clarifying language pertaining to the amount that assumed assessed values is to be added
to for the purpose of calculating local share; and requiring the state to use the most recent projections
or estimations that may be available from the Tax Department for any estimation or preliminary
computations of local share required prior to the report to the state board by the Tax Commissioner."
On motion of Delegate White, the House of Delegates refused to concur in the Senate
amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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. 4005, Relating to criminal offenses for child abuse and child neglect.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §61-8D-1, §61-8D-3, §61-8D-4 and §61-8D-9 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-1. Definitions.
In this article, unless a different meaning
is plainly
is required:
(1) Abuse means the infliction upon a minor of physical injury by other than accidental means.
(2) Child means any person under eighteen years of age not otherwise emancipated by law.
(3) Controlled substance means controlled substance as that term is defined in subsection (d), section one hundred one, article one, chapter sixty-a of this code.
(4) Custodian means a person over the age of fourteen years who has or shares actual physical
possession or care and custody of a child on a full-time or temporary basis, regardless of whether such
person has been granted custody of the child by any contract, agreement or legal proceeding.
Custodian shall also include, but not be limited to, the spouse of a parent, guardian or custodian, or
a person cohabiting with a parent, guardian or custodian in the relationship of husband and wife,
where such spouse or other person shares actual physical possession or care and custody of a child
with the parent, guardian or custodian.
(5) Guardian means a person who has care and custody of a child as the result of any contract,
agreement or legal proceeding.
(6) Gross neglect means reckless or intentional conduct, behavior or inaction by a parent,
guardian or custodian that evidences a clear disregard for a minor childs health, safety or welfare.
__________(6) (7) Neglect means the unreasonable failure by a parent, guardian or
any person voluntarily
accepting a supervisory role towards custodian of a minor child to exercise a minimum degree of care
to assure
said the minor childs physical safety or health.
For purposes of this article, the following
do not constitute neglect by a parent, guardian or custodian:
__________(A) Permitting a minor child to participate in athletic activities or other similar activities that
if done properly are not inherently dangerous, regardless of whether that participation creates a risk
of bodily injury;
__________(B) Exercising discretion in choosing a lawful method of educating a minor child; or
__________(C) Exercising discretion in making decisions regarding the nutrition and medical care
provided to a minor child based upon religious conviction or reasonable personal belief.
__________(7) (8) Parent means the biological father or mother of a child, or the adoptive mother or father
of a child.
(8) (9) Sexual contact means sexual contact as that term is defined in section one, article eight-
b, chapter sixty-one of this code.
(9) (10) Sexual exploitation means an act whereby:
(A) A parent, custodian, guardian or other person in a position of trust to a child, whether for financial gain or not, persuades, induces, entices or coerces the child to engage in sexually explicit
conduct as that term is defined in section one, article eight-c, chapter sixty-one of this code; or
(B) A parent, guardian, custodian or other person in a position of trust in relation to a child
persuades, induces, entices or coerces the child to display his or her sex organs for the sexual
gratification of the parent, guardian, custodian, person in a position of trust or a third person, or to
display his or her sex organs under circumstances in which the parent, guardian, custodian or other
person in a position of trust knows such display is likely to be observed by others who would be
affronted or alarmed.
(10) (11) Sexual intercourse means sexual intercourse as that term is defined in section one,
article eight-b, chapter sixty-one of this code.
(11) (12) Sexual intrusion means sexual intrusion as that term is defined in section one, article
eight-b, chapter sixty-one of this code.
(12) (13) A person in a position of trust in relation to a child refers to any person who is acting
in the place of a parent and charged with any of a parents rights, duties or responsibilities concerning
a child or someone responsible for the general supervision of a childs welfare, or any person who by
virtue of their occupation or position is charged with any duty or responsibility for the health,
education, welfare, or supervision of the child.
§61-8D-3. Child abuse resulting in injury; child abuse creating risk of injury; criminal
penalties.
(a) If any parent, guardian or custodian shall abuse a child and by such abuse cause such child
bodily injury as such term is defined in section one, article eight-b of this chapter, then such parent,
guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less
than $100 nor more than $1,000 and
committed to the custody of the Division of Corrections
imprisoned in a state correctional facility for not less than one nor more than five years, or in the
discretion of the court, be confined in
the county or regional jail for not more than one year.
(b) If any parent, guardian or custodian shall abuse a child and by such abuse cause said child
serious bodily injury as such term is defined in section one, article eight-b of this chapter, then such
parent, guardian or custodian shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000 and committed to the custody of the Division of
Corrections not less than two nor more than ten years.
(c) Any
person parent, guardian or custodian who abuses a child and by the abuse creates a
substantial risk of
death or serious bodily injury,
or of death as serious bodily injury is defined in
section one, article eight-b of this chapter, to the child is guilty of a felony and, upon conviction
thereof, shall be fined not more than $3,000
and confined to the custody of the Division of
Corrections or imprisoned in a state correctional facility for not less than one nor more than five
years,
or both.
(d)(1) If a parent, guardian or custodian who has not previously been convicted under this
section, section four of this article or a law of another state or the federal government with the same
essential elements abuses a child and by the abuse creates a substantial risk of bodily injury, as bodily
injury is defined in section one, article eight-b of this chapter, to the child is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 or confined in
jail not more than six months, or both.
__(2) For a second offense under this subsection or for a person with one prior conviction under
this section, section four of this article or a law of another state or the federal government with the
same essential elements, the parent, guardian or custodian is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $1,500 and confined in jail not less than thirty days
nor more than one year, or both.
__(3) For a third or subsequent offense under this subsection or for a person with two or more
prior convictions under this section, section four of this article or a law of another state or the federal
government with the same essential elements, the parent, guardian or custodian is guilty of a felony
and, upon conviction thereof, shall be fined not more than $3,000 and imprisoned in a state
correctional facility not less than one year nor more than three years, or both.
__(e) Any person convicted of a misdemeanor offense under this section:
__(1) May be required to complete parenting classes, substance abuse counseling, anger
management counseling, or other appropriate services, or any combination thereof, as determined by
Department of Health and Human Resources, Bureau for Children and Families through its services assessment evaluation, which shall be submitted to the court of conviction upon written request;
__(2) Shall not be required to register pursuant to article thirteen, chapter fifteen of this code;
and
__(3) Shall not, solely by virtue of the conviction, have their custody, visitation or parental rights
automatically restricted.
__(f) Nothing in this section shall preclude a parent, guardian or custodian from providing
reasonable discipline to a child.
§61-8D-4. Child neglect resulting in injury; child neglect creating risk of injury; criminal
penalties.
(a) If
any a parent, guardian or custodian
shall neglect neglects a child and by such neglect
cause said causes the child bodily injury, as
such term is bodily injury is defined in section one, article
eight-b of this chapter, then
such the parent, guardian or custodian
shall be is guilty of a felony and,
upon conviction thereof, shall be fined not less than $100 nor more than $1,000 dollars or
committed
to the custody of the Division of Corrections imprisoned in a state correctional facility for not less
than one nor more than three years, or in the discretion of the court, be confined in
the county jail for
not more than one year, or both.
such fine and confinement or imprisonment
(b) If
any a parent, guardian or custodian
shall neglect neglects a child and by such neglect
cause
said the child serious bodily injury, as
such term is serious bodily injury is defined in section
one, article eight-b of this chapter, then
such the parent, guardian or custodian
shall be is guilty of a
felony and, upon conviction thereof, shall be fined not less than $300 nor more than $3,000 dollars
or
committed to the custody of the Division of Corrections imprisoned in a state correctional facility
for not less than one nor more than ten years, or both.
such fine and imprisonment
(c) If a parent, guardian or custodian grossly neglects a child and by that gross neglect creates
a substantial risk of death or serious bodily injury, as serious bodily injury is defined in section one,
article eight-b of this chapter, of the child then the parent, guardian or custodian is guilty of a felony
and, upon conviction thereof, shall be fined not less than $1,000 nor more than $3,000 dollars or
imprisoned in a state correctional facility for not less than one nor more than five years, or both.
__(d)(1) If a parent, guardian or custodian who has not been previously convicted under this section, section three of this article or a law of another state or the federal government with the same
essential elements neglects a child and by that neglect creates a substantial risk of bodily injury, as
defined in section one, article eight-b of this chapter, to the child, then the parent, guardian or
custodian, is guilty of a misdemeanor and, upon conviction thereof, for a first offense, shall be fined
not less than $100 nor more than $1,000 or confined in jail not more than six months, or both fined
and confined.
__(2) For a second offense under this subsection or for a person with one prior conviction under
this section, section three of this article or a law of another state or the federal government with the
same essential elements, the parent, guardian or custodian is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $1,000 and confined in jail not less than thirty days
nor more than one year, or both.
__(3) For a third or subsequent offense under this subsection or for a person with two or more
prior convictions under this section, section three of this article or a law of another state or the federal
government with the same essential elements, the parent, guardian or custodian is guilty of a felony
and, upon conviction thereof, shall be fined not more than $2,000 and imprisoned in a state
correctional facility not less than one year nor more than three years, or both fined and imprisoned.
__(c) (e) The provisions of this section shall not apply if the neglect by the parent, guardian or
custodian is due primarily to a lack of financial means on the part of such parent, guardian or
custodian.
(f) Any person convicted of a misdemeanor offense under this section:
__(1) May be required to complete parenting classes, substance abuse counseling, anger
management counseling, or other appropriate services, or any combination thereof, as determined by
Department of Health and Human Resources, Bureau for Children and Families through its services
assessment evaluation, which shall be submitted to the court of conviction upon written request;
__(2) Shall not be required to register pursuant to the requirements of article thirteen, chapter
fifteen of this code; and
__(3) Shall not, solely by virtue of the conviction, have their custody, visitation or parental rights
automatically restricted.
__(d) The provisions of this section shall not apply to any parent, guardian or custodian who fails
or refuses, or allows another person to fail or refuse, to supply a child under the care, custody or
control of such parent, guardian or custodian with necessary medical care, when such medical care
conflicts with the tenets and practices of a recognized religious denomination or order of which such
parent, guardian or custodian is an adherent or member.
(e) Any person who grossly neglects a child and by the gross neglect creates a substantial risk
of serious bodily injury or of death to the child is guilty of a felony and, upon conviction thereof, shall
be fined not more than three thousand dollars and confined to the custody of the Division of
Corrections for not less than one nor more than five years.
§61-8D-9. Convictions for offenses against children.
In any case where a person is convicted of
an a felony offense
described in this article against
a child
as set forth in this article and the person has custodial, visitation or other parental rights to the
child who is the victim of the offense or any child who resides in the same household as the victim,
the court shall, at the time of sentencing, find that the person is an abusing parent within the meaning
of article six, chapter forty-nine of this code as to the child victim, and may find that the person is an
abusing parent as to any child who resides in the same household as the victim, and shall take such
further action in accord with the provisions of said article."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4005 - "A Bill to amend and reenact §61-8D-1, §61-8D-3, §61-8D-4 and
§61-8D-9 of the Code of West Virginia, 1931, as amended, relating to offenses of child abuse and
neglect by a parent, guardian or custodian; defining terms and creating exceptions to terms; creating
a criminal offense for child abuse by a parent, guardian or custodian which creates a substantial risk
of bodily injury; establishing misdemeanor penalties for a first and second offense; providing that
those convicted of a first or second offense may be required to undergo certain counseling; making
a conviction of a third or subsequent offense a felony and establishing criminal penalties; stating that
reasonable discipline of a child is not precluded by the child abuse crimes; making it a felony for a
parent, guardian or custodian to grossly neglect a child which creates substantial risk of serious bodily injury or death; creating a criminal offense of child neglect by a parent, guardian or custodian which
creates a substantial risk of bodily injury with misdemeanor penalties for first and second offenses
and felony penalties for third and subsequent offenses; providing that a parent, guardian or custodian
convicted of a misdemeanor is not required to register as a person convicted of child abuse or neglect
or suffer other potential collateral consequences; permitting a person convicted of a misdemeanor to
also be required to complete certain counseling; providing that a parent, guardian or custodian
convicted of a misdemeanor is not required to register as a person convicted of child abuse or neglect
and may not, solely because of the conviction, have their custody, visitation or parental rights
automatically restricted; and requiring the court to declare a person an abusing parent under article
six, chapter forty-nine of this code if they are convicted of a felony offense under this article."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 459), and there were--yeas
94, nays 3, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Cowles, Ellem and Lane.
Absent and Not Voting: J. Nelson, ONeal and Raines.
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. 4005) 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 amendment, to take
effect from passage, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4039, Authorizing miscellaneous boards and agencies to promulgate
legislative rules.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page nine, section four, after line six, by inserting the following:
On page thirty-two, by striking out the words "10.2.p. One roster: thirty-five dollars ($35);
Roster subscription fee:" and inserting in lieu thereof the following:
10.2.q. One roster: thirty-five dollars ($35); 10.2.r. Roster subscription fee: fifty dollars ($50);
And,
By relettering the remaining subdivisions.
On page sixteen, section seven, line five, after the word "authorized", by striking out the
period and adding the following: with the following amendment:
On page three, section 7, by striking out all of subsection 7.3.;
And,
On page seventeen, section eight, line twenty, after the word "authorized", by striking out the
period and inserting the following:
§16-16-9.
Poultry Exemptions.
9.1. A poultry producer who otherwise meets the requirements of the exemption for poultry
producers that slaughter or process 20,000 or fewer birds per calendar year under the federal Poultry
Products Inspection Act, 21 U. S. C. 464(c)(3), may not keep a poultry flock of more than 3,000 birds
at any one time.
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 460), and there were--yeas
71, nays 27, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Border, Cadle, Canterbury, Cooper, Cowles,
Espinosa, Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Kump, Lane, E. Nelson, ONeal,
Overington, Shott, R. Smith, Sobonya, Sumner, Walters and Westfall.
Absent and Not Voting: J. Nelson and Raines.
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. 4039) passed.
Delegate White moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 461), and there were--yeas 76, nays 22, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Ashley, Border, Cadle, Cooper, Cowles, Ellington, Espinosa,
Faircloth, Folk, Gearheart, Hamrick, Householder, Howell, Kump, Lane, E. Nelson, Shott, R. Smith,
Walters and Westfall.
Absent and Not Voting: J. Nelson and Raines.
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. 4039) 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, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4184, Relating to the West Virginia Tourism Development Act.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-7, §5B-2E-7a, §5B-2E-8 and §5B-2E-11 of
the Code of West Virginia, 1931, as amended, be amended and reenacted, and that said code be
amended by adding thereto a new section, designated §5B-2E-7b, all to read as follows:
ARTICLE 2E. WEST VIRGINIA TOURISM DEVELOPMENT ACT.
§5B-2E-3. Definitions.
As used in this article, unless the context clearly indicates otherwise:
(1) Agreement means a tourism development agreement entered into, pursuant to section six
of this article, between the development office and an approved company with respect to a project.
(2) Approved company means any eligible company approved by the development office
pursuant to section five of this article seeking to undertake a project.
(3) Approved costs means:
(a)
Included costs:
(i) Obligations incurred for labor and to vendors, contractors, subcontractors, builders,
suppliers, delivery persons and material persons in connection with the acquisition, construction,
equipping or installation of a project;
(ii) The costs of acquiring real property or rights in real property and any costs incidental
thereto;
(iii) The cost of contract bonds and of insurance of all kinds that may be required or necessary
during the course of the acquisition, construction, equipping, or installation of a project which is not
paid by the vendor, supplier, delivery person, contractor or otherwise provided;
(iv) All costs of architectural and engineering services, including, but not limited to:
Estimates, plans and specifications, preliminary investigations and supervision of construction,
installation, as well as for the performance of all the duties required by or consequent to the
acquisition, construction, equipping or installation of a project;
(v) All costs required to be paid under the terms of any contract for the acquisition,
construction, equipping or installation of a project;
(vi) All costs required for the installation of utilities, including, but not limited to: Water,
sewer, sewer treatment, gas, electricity, communications and off-site construction of utility extensions
to the boundaries of the real estate on which the facilities are located, all of which are to be used to
improve the economic situation of the approved company in a manner that allows the approved
company to attract persons; and
(vii) All other costs comparable with those described in this subdivision;
(b)
Excluded costs. -- The term approved costs does not include any portion of the cost
required to be paid for the acquisition, construction, equipping or installation of a project that is
financed with governmental incentives, grants or bonds or for which the eligible taxpayer elects to
qualify for other tax credits, including, but not limited to, those provided by article thirteen-q, chapter
eleven of this code.
The exclusion of certain costs of a project under this paragraph (b) does not
automatically disqualify the remainder of the costs of the project.
(4) Base tax revenue amount means the average monthly amount of consumer sales and service tax collected by an approved company, based on the twelve-month period ending immediately
prior to the opening of a new tourism development project for business or a tourism development
expansion project, as certified by the State Tax Commissioner.
(5) Development office means the West Virginia Development Office as provided in article
two of this chapter.
(6) Crafts and products center means a facility primarily devoted to the display, promotion and
sale of West Virginia products and at which a minimum of eighty percent of the sales occurring at
the facility are of West Virginia arts, crafts or agricultural products.
(7) Eligible company means any corporation, limited liability company, partnership, limited
liability partnership, sole proprietorship, business trust, joint venture or any other entity operating or
intending to operate a project, whether owned or leased, within the state that meets the standards
required by the development office. An eligible company may operate or intend to operate directly
or indirectly through a lessee.
(8) Ineligible company means any West Virginia pari-mutuel racing facility licensed to operate
multiple video lottery machines as authorized by article twenty-two-a, chapter twenty-nine of this
code or any limited lottery retailer holding a valid license issued under article seven, chapter sixty of
this code.
(9) Entertainment destination center means a facility containing a minimum of two hundred
thousand square feet of building space adjacent or complementary to an existing tourism attraction,
an approved project, or a major convention facility and which provides a variety of entertainment and
leisure options that contain at least one major theme restaurant and at least three additional
entertainment venues, including, but not limited to, live entertainment, multiplex theaters,
large-format theaters, motion simulators, family entertainment centers, concert halls, virtual reality
or other interactive games, museums, exhibitions or other cultural and leisure time activities.
Entertainment and food and drink options shall occupy a minimum of sixty percent of total gross area,
as defined in the application, available for lease and other retail stores shall occupy no more than forty
percent of the total gross area available for lease.
(10) Final approval means the action taken by the executive director of the development office qualifying the eligible company to receive the tax credits provided in this article.
(11)
Preliminary approval means the action taken by the executive director of the development
office conditioning final approval.
(12) Project means a tourism development project and/or a tourism development expansion
project administered in accordance with the provisions of this article.
(12) Qualified professional services destination facility means a facility with a minimum
qualified investment, as defined in this article, of not less than $80 million physically located in this
state and adjacent or complementary to a historic resort hotel, which primarily furnishes and provides
personal or professional services, or both types of services, to individuals who primarily are residents
of another state or foreign county.
(13) State agency means any state administrative body, agency, department, division, board,
commission or institution exercising any function of the state that is not a municipal corporation or
political subdivision.
(14) Tourism attraction means a cultural or historical site, a recreation or entertainment
facility, an area of natural phenomenon or scenic beauty, a West Virginia crafts and products center,
or an entertainment destination center
or a qualified professional services destination facility. A
project or tourism attraction does not include any of the following:
(A) Lodging facility, unless:
(i) The facility constitutes a portion of a project and represents less than fifty percent of the
total approved cost of the project, or the facility is to be located on recreational property owned or
leased by the state or federal government and the facility has received prior approval from the
appropriate state or federal agency;
(ii) The facility involves the restoration or rehabilitation of a structure that is listed
individually in the national register of historic places
or is located in a national register historic district
and certified by the state historic preservation officer as contributing to the historic significance of
the district and the rehabilitation or restoration project has been approved in advance by the state
historic preservation officer; or
(iii) The facility involves the construction, reconstruction, restoration, rehabilitation or
upgrade of a full-service lodging facility or the reconstruction, restoration, rehabilitation or upgrade
of an existing structure into a full-service lodging facility having not less than five hundred guest
rooms, with construction, reconstruction, restoration, rehabilitation or upgrade costs exceeding ten
million dollars;
(B) A facility that is primarily devoted to the retail sale of goods, other than an entertainment
destination center, a West Virginia crafts and products center or a project where the sale of goods is
a secondary and subordinate component of the project; and
(C) A recreational facility that does not serve as a likely destination where individuals who
are not residents of the state would remain overnight in commercial lodging at or near the project or
existing attraction.
(15) Tourism development project means the acquisition, including the acquisition of real
estate by a leasehold interest with a minimum term of ten years, construction and equipping of a
tourism attraction; the construction and installation of improvements to facilities necessary or
desirable for the acquisition, construction, installation of a tourism attraction, including, but not
limited to, surveys, installation of utilities, which may include water, sewer, sewage treatment, gas,
electricity, communications and similar facilities; and off-site construction of utility extensions to the
boundaries of the real estate on which the facilities are located, all of which are to be used to improve
the economic situation of the approved company in a manner that allows the approved company to
attract persons, but does not include a project that will be substantially owned, managed or controlled
by an eligible company with an existing project located within a ten mile radius, or by a person or
persons related by a family relationship, including spouses, parents, children or siblings, to an owner
of an eligible company with an existing project located within a ten mile radius.
(16) Tourism development expansion project means the acquisition, including the acquisition
of real estate by a leasehold interest with a minimum term of ten years; the construction and
installation of improvements to facilities necessary or desirable for the expansion of an existing
tourism attraction including, but not limited to, surveys, installation of utilities, which may include
water, sewer, sewage treatment, gas, electricity, communications and similar facilities; and off-site construction of utility extension to the boundaries of real estate on which the facilities are located,
all of which are to be used to improve the economic situation of the approved company in a manner
that allows the approved company to attract persons.
(17) Tourism development project tax credit means the tourism development project tax credit
allowed by section seven of this article.
(18) Tourism development expansion project tax credit means the tourism development
expansion project tax credit allowed by section seven-a of this article.
§5B-2E-4. Additional powers and duties of the development office.
The development office has the following powers and duties, in addition to those set forth in
this case, necessary to carry out the purposes of this article including, but not limited to:
(1) Make
preliminary and final approval
s of all applications for projects and enter into
agreements pertaining to projects with approved companies;
(2) Employ fiscal consultants, attorneys, appraisers and other agents as the executive director
of the development office finds necessary or convenient for the preparation and administration of
agreements and documents necessary or incidental to any project; and
(3) Impose and collect fees and charges in connection with any transaction.
(4) Impose and collect from the applicant a non-refundable application fee in the amount of
$10,000 to be paid to the Development Office when the application is filed.
§5B-2E-5. Project application; evaluation standards; consulting services; preliminary and
final approval of projects.
(a) Each eligible company that seeks to qualify a project for the tourism development project
tax credit provided by section seven of this article, or for the tourism development expansion project
tax credit provided by section seven-a of this article, as applicable, must file a written application for
approval of the project with the Development Office.
(b) With respect to each eligible company making an application to the Development Office
for a tourism development project tax credit or a tourism development expansion project tax credit,
the Development Office shall make inquiries and request documentation, including a completed
application, from the applicant that shall include: A description and location of the project; capital and other anticipated expenditures for the project and the sources of funding therefor; the anticipated
employment and wages to be paid at the project; business plans that indicate the average number of
days in a year in which the project will be in operation and open to the public; and the anticipated
revenues and expenses generated by the project.
The executive director of the Development Office
shall act to grant or not to grant any preliminary approval of an application within forty-five days
following its receipt or receipt of additional information requested by the Development Office,
whichever is later.
(c) Based upon a review of the application and additional documentation provided by the
eligible company, if the executive director of the Development Office determines that the applicant
and the project may reasonably satisfy the criteria for final approval set forth in subsection (d) of this
section, then the executive director of the Development Office may grant a preliminary approval of
the applicant and the project.
(d) After preliminary approval by the executive director of the Development Office, the
Development Office shall engage the services of a competent consulting firm or firms to analyze the
data made available by the applicant and to collect and analyze additional information necessary to
determine that, in the independent judgment of the consultant, the project:
(1) Likely will attract at least twenty-five percent of its visitors from outside of this state;
(2) Will have approved costs in excess of one million dollars;
(3) Will have a significant and positive economic impact on the state considering, among other
factors, the extent to which the project will compete directly with or complement existing tourism
attractions in the state and the amount by which increased tax revenues from the project will exceed
the credit given to the approved company;
(4) Will produce sufficient revenues and public demand to be operating and open to the public
for a minimum of one hundred days per year; and
(5) Will provide additional employment opportunities in the state.
(e) The applicant shall pay to the Development Office, prior to the engagement of the services
of a competent consulting firm or firms pursuant to the provisions of subsection (d) of this section,
for the cost of the consulting report or reports and shall cooperate with the consulting firm or firms to provide all of the data that the consultant considers necessary or convenient to make its
determination under subsection (d) of this section.
(f) The executive director of the Development Office, within sixty days following receipt of
the consultants final, written report or reports, shall review, in light of the consultants report or
reports, the reasonableness of the projects budget and timetable for completion and, in addition to the
criteria for final approval set forth in subsection (d) of this section, the following criteria:
(c) On and after the effective date of this section as amended in 2014, the executive director
of the Development Office, within sixty days following receipt of an application or receipt of any
additional information requested by the Development Office respecting the application, whichever
is later, shall act to grant or not to grant approval of the application, based on the following criteria:
__(1) The project will attract at least twenty-five percent of its visitors from outside of this state;
__(2) The project will have approved costs in excess of $1,000,000;
__(3) The project will have a significant and positive economic impact on the state considering,
among other factors, the extent to which the project will compete directly with or complement
existing tourism attractions in the state and the amount by which increased tax revenues from the
project will exceed the credit given to the approved company;
__(4) The project will produce sufficient revenues and public demand to be operating and open
to the public for a minimum of one hundred days per year;
__(5) The project will provide additional employment opportunities in the state;
__(1) (6) The quality of the proposed project and how it addresses economic problems in the area
in which the project will be located;
(2) (7) Whether there is substantial and credible evidence that the project is likely to be started
and completed in a timely fashion;
(3) (8) Whether the project will, directly or indirectly, improve the opportunities in the area
where the project will be located for the successful establishment or expansion of other industrial or
commercial businesses;
(4) (9) Whether the project will, directly or indirectly, assist in the creation of additional
employment opportunities in the area where the project will be located;
(5) (10) Whether the project helps to diversify the local economy;
(6) (11) Whether the project is consistent with the goals of this article;
(7) (12) Whether the project is economically and fiscally sound using recognized business
standards of finance and accounting; and
(8) (13) The ability of the eligible company to carry out the project.
(g) (d) The Development Office may establish other criteria for consideration when approving
the applications.
(h) (e) The executive director of the Development Office may give its final approval to the
applicants application for a project and may grant to the applicant the status of an approved company.
The executive director of the Development Office shall act to approve or not approve any application
within sixty days following the receipt of the consultants final, written report or reports or the receipt
of any additional information requested by the Development Office, whichever is later. The decision
by the executive director of the Development Office is final.
(f)This section as amended and reenacted in 2014 shall apply to applications under review by
the director of the development office prior to the effective date of this section as well as to
applications filed on and after the effective date of this section as amended and reenacted in 2014.
§5B-2E-7. Amount of credit allowed for tourism development project; approved projects.
(a) Approved companies are allowed a credit against the West Virginia consumers sales and
service tax imposed by article fifteen, chapter eleven of this code and collected by the approved
company on sales generated by or arising from the operations of the tourism development project:
Provided, That if the consumers sales and service tax collected by the approved company is not solely
attributable to sales resulting from the operation of the new tourism development project, the credit
shall only be applied against that portion of the consumers sales and service tax collected in excess
of the base tax revenue amount. The amount of this credit is determined and applied as provided in
this article.
(b) The maximum amount of credit allowable in this article is equal to twenty-five percent of
the approved companys approved costs as provided in the agreement:
Provided, That, if the tourism
development project site is located within the permit area or an adjacent area of a surface mining operation, as these terms are defined in section three, article three, chapter twenty-two of this code,
from which all coal has been or will be extracted prior to the commencement of the tourism
development project,
or the tourism development project site is located on or adjacent to recreational
property owned or leased by the state or federal government and when the project is located on
property owned or leased by the state or federal government, the project has received prior approval
from the appropriate state or federal agency, the maximum amount of credit allowable is equal to
thirty-five percent of the approved companys approved costs as provided in the agreement.
(c) The amount of credit allowable must be taken over a ten-year period, at the rate of one
tenth of the amount thereof per taxable year, beginning with the taxable year in which the project is
opened to the public, unless the approved company elects to delay the beginning of the ten-year period
until the next succeeding taxable year. This election shall be made in the first consumers sales and
service tax return filed by the approved company following the date the project is opened to the
public. Once made, the election cannot be revoked.
(d) The amount determined under subsection (b) of this section is allowed as a credit against
the consumers sales and service tax collected by the approved company on sales from the operation
of the tourism development project. The amount determined under said subsection may be used as
a credit against taxes required to be remitted on the approved companys monthly consumers sales and
service tax returns that are filed pursuant to section sixteen, article fifteen, chapter eleven of this code.
The approved company shall claim the credit by reducing the amount of consumers sales and service
tax required to be remitted with its monthly consumers sales and service tax returns by the amount
of its aggregate annual credit allowance until such time as the full current year annual credit
allowance has been claimed. Once the total credit claimed for the tax year equals the approved
companys aggregate annual credit allowance no further reductions to its monthly consumers sales and
service tax returns will be permitted.
(e) If any credit remains after application of subsection (d) of this section, the amount of credit
is carried forward to each ensuing tax year until used or until the expiration of the third taxable year
subsequent to the end of the initial ten-year credit application period. If any unused credit remains after the thirteenth year, that amount is forfeited. No carryback to a prior taxable year is allowed for
the amount of any unused portion of any annual credit allowance.
§5B-2E-7a. Amount of credit allowed for tourism development expansion project; approved
projects.
(a) Approved companies are allowed a credit against the West Virginia consumers sales and
service tax imposed by article fifteen, chapter eleven of this code and collected by the approved
company on sales generated by or arising from the operations of the tourism development expansion
project:
Provided, That the tourism development expansion project tax credit allowed under this
section is separate and distinct from any credit allowed for a tourism development project in
accordance with the provisions of section seven of this article:
Provided, however, That if the
consumers sales and service tax collected by the approved company is not solely attributable to sales
resulting from the operation of the tourism development expansion project, the credit shall only be
applied against that portion of the consumers sales and service tax collected in excess of the base tax
revenue amount. The amount of this credit is determined and applied as provided in this article.
(b) The maximum amount of credit allowable in this article is equal to twenty-five percent of
the approved companys approved costs as provided in the agreement:
Provided, That, if the tourism
development expansion project site is located within the permit area or an adjacent area of a surface
mining operation, as these terms are defined in section three, article three, chapter twenty-two of this
code, from which all coal has been or will be extracted prior to the commencement of the tourism
development project,
or the tourism development project site is located on or adjacent to recreational
property owned or leased by the state or federal government and when the project is located on
property owned or leased by the state or federal government, the project has received prior approval
from the appropriate state or federal agency, the maximum amount of credit allowable is equal to
thirty-five percent of the approved companys approved costs as provided in the agreement.
(c) The amount of credit allowable must be taken over a ten-year period, at the rate of one
tenth of the amount thereof per taxable year, beginning with the taxable year in which the project is
opened to the public, unless the approved company elects to delay the beginning of the ten-year period
until the next succeeding taxable year. This election shall be made in the first consumers sales and service tax return filed by the approved company following the date the project is opened to the
public. Once made, the election cannot be revoked.
(d) The amount determined under subsection (b) of this section is allowed as a credit against
the consumers sales and service tax collected by the approved company on sales from the operation
of the tourism development expansion project. The amount determined under said subsection may
be used as a credit against taxes required to be remitted on the approved companys monthly
consumers sales and service tax returns that are filed pursuant to section sixteen, article fifteen,
chapter eleven of this code. The approved company shall claim the credit by reducing the amount of
consumers sales and service tax required to be remitted with its monthly consumers sales and service
tax returns by the amount of its aggregate annual credit allowance until such time as the full current
year annual credit allowance has been claimed. Once the total credit claimed for the tax year equals
the approved companys aggregate annual credit allowance no further reductions to its monthly
consumers sales and service tax returns will be permitted.
(e) If any credit remains after application of subsection (d) of this section, the amount of credit
is carried forward to each ensuing tax year until used or until the expiration of the third taxable year
subsequent to the end of the initial ten-year credit application period. If any unused credit remains
after the thirteenth year, that amount is forfeited. No carryback to a prior taxable year is allowed for
the amount of any unused portion of any annual credit allowance.
(f) The total amount of tourism development expansion project tax credits for all approved
companies pursuant to this section may not exceed one million five hundred thousand dollars each
calendar year.
§5B-2E-7b. Credit against taxes.
(a)
General. - When a qualified professional services destination facility is located at or
adjacent to an existing historic resort hotel with at least five hundred rooms and the qualified
professional services destination facility eligible for credit under this section is primarily engaged in
furnishing services that are not subject to the tax imposed by article fifteen, chapter eleven of this
code, then in lieu of the credits that otherwise would be allowable under section seven or seven-a of
this article, the eligible company that complies with the requirements of this section may claim the credit provided in this section:
Provided, That the maximum amount of credit allowable under this
section is equal to twenty-five percent of the eligible companys qualified investment, as defined in
this section.
(b)
Definitions. - The following words and phrases when used in this section have the
meanings given to them in this subsection unless the context in which used clearly indicates that a
different meaning was intended by the Legislature.
(1) Agreement means an agreement entered into under subsection (g) of this section.
(2) Compensation means wages, salaries, commissions and any other form of remuneration
paid to employees for personal services.
(3) Cost-of-living adjustment for any calendar year is the percentage, if any, by which the
consumer price index for the preceding calendar year exceeds the consumer price index for the
calendar year 2015.
(4) Consumer price index for any calendar year means the average of the federal consumer
price index as of the close of the twelve-month period ending on August 31 of that calendar year.
(5) Eligible company for purposes of this section means any corporation, limited liability
company, partnership, limited liability partnership, sole proprietorship, business trust, joint venture
or any other entity operating a qualified professional services destination facility, whether owned or
leased, within the state that: (A) creates at least one hundred twenty-five new jobs in this state within
thirty-six months after the date the qualified investment is placed into service or use, and maintains
those jobs for the entire ten year life of the tax credit specified in this section, (B) makes available to
its full-time employees health insurance coverage and pays at least fifty percent of the premium for
the health insurance, (C) generates, within thirty-six months after the date the qualified investment
is placed into service or use, not less than $10 million of gross receipts upon which the taxes imposed
under article twenty-seven, chapter eleven of this code are paid, and (D) meets the standards,
limitations and requirements of this section and of the development office. An eligible company may
operate or intend to operate directly or indirectly through a lessee or a contract operator.
(6) Federal consumer price index means the most recent consumer price index as of August
31 each year for all urban consumers published by the United States Department of Labor.
(7) Health insurance benefits means employer-provided coverage for medical expenses of the
employee or the employee and his or her family under a group accident or health plan, or employer
contributions to an Archer medical savings account, as defined in Section 220 of the Internal Revenue
Code of 1986, as amended, or to a health savings account, as defined in Section 223 of the Internal
Revenue Code, of the employee when the employers contribution to any such account is not less than
fifty percent of the maximum amount permitted for the year as employer-provided coverage under
Section 220 or 223 of the Internal Revenue Code, whichever section is applicable.
(8) Historic resort hotel means a resort hotel registered with the United States Department of
the Interior on the effective date of this amendment as a national historic landmark in its National
Registry of Historic Places having not fewer than five hundred guest rooms.
(9) New employee means a person residing and domiciled in this state hired by the taxpayer
to fill a position or a job in this state which previously did not exist in the taxpayers business
enterprise in this state prior to the date the application was filed under subsection (c) of this section.
In no event may the number of new employees exceed the total net increase in the employers
employment in this state:
Provided, That the Tax Commissioner may require that the net increase in
the taxpayers employment in this state be determined and certified for the taxpayers controlled group
as defined in article twenty-four of this chapter. In addition, a person is a new employee only if the
persons duties are on a regular, full-time and permanent basis:
(A) Full-time employment means employment for at least eighty hours per month at a wage
not less than the amount specified in subdivision (1), subsection (d) of this section; and
(B) Permanent employment does not include employment that is temporary or seasonal and
therefore the wages, salaries and other compensation paid to the temporary or seasonal employees will
not be considered for purposes of this section even if the compensation paid to the temporary or
seasonal employee equals or exceeds the amount specified in paragraph (A) of this subdivision.
(10) New job means a job which did not exist in the business of the taxpayer in this state prior
to filing the application for benefits under this section, and which is filled by a new employee.
(11) Professional services means only those services provided directly by: a physician licensed
to practice in this state, a surgeon licensed to practice in this State, a dentist licensed to practice in this State, a podiatrist licensed to practice in this State, an osteopathic physician licensed to practice in
this State, a psychologist licensed to practice in this State, an optometrist licensed to practice in this
State, a registered nurse licensed to practice in this State, a physician assistant licensed to practice in
this State, a licensed practical nurse licensed to practice in this State, a dental hygienist licensed to
practice in this State, a social worker licensed to practice in this State, or any other health care
professional licensed to practice in this State;
(12) Qualified investment means one-hundred percent of the cost of property purchased or
leased for the construction and equipping of a qualified professional services destination facility
which is placed in service or use in this State by an eligible company.
(A) The cost of property purchased for a qualified professional services destination facility
is determined under the following rules:
(i) Cost does not include the value of property given in trade or exchange for the property
purchased for business expansion.
(ii) If property is damaged or destroyed by fire, flood, storm or other casualty, or is stolen, then
the cost of replacement property does not include any insurance proceeds received in compensation
for the loss.
(iii) The cost of real property acquired by written lease for a primary term of ten years or
longer is one hundred percent of the rent reserved for the primary term of the lease, not to exceed ten
years.
(iv) The cost of tangible personal property acquired by written lease for a primary term of not
less than four years.
(v) In the case of self-constructed property, the cost thereof is the amount properly charged
to the capital account for depreciation in accordance with federal income tax law.
(vi) The cost of property used by the taxpayer out-of-state and then brought into this state, is
determined based on the remaining useful life of the property at the time it is placed in service or use
in this state, and the cost is the original cost of the property to the taxpayer less straight line
depreciation allowable for the tax years or portions thereof the taxpayer used the property outside this
State. In the case of leased tangible personal property, cost is based on the period remaining in the primary term of the lease after the property is brought into this State for use in a new or expanded
business facility of the taxpayer, and is the rent reserved for the remaining period of the primary term
of the lease, not to exceed ten years, or the remaining useful life of the property, determined as
aforesaid, whichever is less.
(c)
Credit against taxes. - The credit allowed by this section shall be equal to twenty-five
percent of the eligible companys qualified investment in the qualified professional services
destination facility and shall be taken and applied as provided in this subsection (c). Notwithstanding
any other provision of this article to the contrary, no taxpayer or group of taxpayers may gain
entitlement to more than $37.5 million total aggregate tax credit under this section and no taxpayer,
or group of taxpayers, in the aggregate may apply more than $2.5 million of annual credit in any tax
year under this section, either in the form of a refund or directly against a tax liability or in any
combination thereof. This limitation applies to initial tax credit attributable to qualified investment
in a qualified professional services destination facility, and to qualified investment in a follow-up
project expansion, so that credit attributable additively and in the aggregate to both may not be
applied to exceed $2.5 million annual credit in any tax year.
(1)
Application of credit. - The amount of credit allowable under this subsection shall be taken
over a ten-year period, at the rate of one tenth of the amount thereof per taxable year, beginning with
the taxable year in which the eligible company places the qualified professional services destination
facility, or part thereof, in service or use in this state, unless the eligible company elected to delay the
beginning of the ten-year period until the next succeeding taxable year. This election shall be made
in the annual income tax return filed under chapter eleven of this code for the taxable year in which
the qualified professional services destination facility is first placed into service or use by the
taxpayer. Once made, the election may not be revoked. The annual credit allowance is taken in the
manner prescribed in subdivision (3) of this subsection (c):
Provided, That if any credit remains after
the initial ten year credit application period, the amount of remaining credit is carried forward to each
ensuing tax year until used or until the expiration of the fifth taxable year subsequent to the end of
the initial ten year credit application period. If any unused credit remains after expiration of the fifth
taxable year subsequent to the end of the initial ten year credit application period, the amount thereof is forfeited. No carryback to a prior taxable year is allowed for the amount of any unused portion of
any annual credit allowance.
(2)
Placed in service or use. - For purposes of the credit allowed by this subsection (c),
qualified investment or qualified investment property is considered placed in service or use in the
earlier of the following taxable years:
(A) The taxable year in which, under the eligible companys depreciation practice, the period
for depreciation with respect to the property begins; or
(B) The taxable year in which the property is placed in a condition or state of readiness and
availability for a specifically assigned function.
(3)
Application of annual credit allowance.
(A)
In general. - The aggregate annual credit allowance for the current taxable year is an
amount equal to the one-tenth part allowed under subdivision (1) of this subsection for qualified
investment placed into service or use.
(B)
Application of current year annual credit allowance. - The amount determined under this
subsection (c) is allowed as a credit against one hundred percent of the eligible companys state tax
liabilities applied as provided in paragraphs (C) and (D) of this subdivision (3), and in that order:
(C)
Corporation net income taxes. - The amount of allowable tax credit for the year
determined under paragraph (A) of this subdivision (3) shall first be applied to reduce the taxes
imposed by article twenty-four, chapter eleven of this code, for the taxable year determined before
application of allowable credits against tax.
(D)
Personal income taxes. -
(i) If the eligible company is an electing small business corporation, as defined in section 1361
of the United States Internal Revenue Code of 1986, as amended, a partnership, a limited liability
company that is treated as a partnership for federal income tax purposes or a sole proprietorship, then
any unused credit after application of paragraph (C) of this subdivision (3) is allowed as a credit
against the taxes imposed by article twenty-one, chapter eleven of this code on the members, owners,
partners or interest holders in the eligible company.
(ii) Electing small business corporations, limited liability companies, partnerships and other unincorporated organizations shall allocate the credit allowed by this article among their members
in the same manner as profits and losses are allocated for the taxable year.
(E) No credit is allowed under this subdivision (3) against any employer withholding taxes
imposed by article twenty-one, chapter eleven of this code.
(F) The tax credits allowed under articles thirteen-j, thirteen-q, thirteen-s, thirteen-r, thirteen-
w, and thirteen-aa of this code may not be applied to offset any tax against which the tax credit
allowed under this article is allowed or authorized. No person, entity, company, or eligible company
authorized or entitled to any tax credit allowed under this section or any member of the unitary group
or any member of the controlled group of which the taxpayer is a member, may gain entitlement to
any other economic development tax credit or economic development tax incentive which relates to
the investment or activity upon which the credit authorized under this section is based.
(G) (i) In order to effectuate the purposes of this subdivision (3), the Tax Commissioner may
propose for promulgation rules, including emergency rules, in accordance with article three, chapter
twenty-nine-a of this code.
(ii) The Tax Commissioner may apply any amount of the tax credit otherwise available to a
Taxpayer under this article, to pay any delinquent West Virginia state tax liability of the taxpayer, and
interest and penalties as applicable.
(iii) Any amount of the tax credit otherwise available to a taxpayer under this article may be
applied by the applicable administering agency to pay any outstanding obligation to a Workers
Compensation Fund, as defined in article two-c of chapter twenty-three of this code, or any
outstanding obligation under the West Virginia Unemployment Compensation Act.
(iv) Any amount of the tax credit otherwise available to a taxpayer under this article, may be
applied by the applicable administering agency to pay any delinquent or unpaid assessment, fee, fine,
civil penalty or monetary imposition imposed by the West Virginia Division of Environmental
Protection or the United States Environmental Protection Agency, or any agency charged with
enforcing federal, state or local environmental or hazardous waste regulations.
(H)
Unused credit, refundable credit. - If any annual credit remains after application of
preceding paragraphs of this subdivision (3), the amount thereof shall be refunded annually to the eligible company, and distributed in accordance with the credit distribution specified in this
subdivision (3):
Provided, That the amount thereof may not exceed the limitation on annual tax credit
or the limitation on total aggregate tax credit specified in this section.
(I)
Forfeiture of credit. - If any credit remains after expiration of the fifth taxable year
subsequent to the end of the initial ten year credit application period, such credit is forfeited, and may
not be used to offset any West Virginia tax liability.
(d)
Compensation of employees filling new jobs.
(1) The new jobs and new employee criteria which count toward qualification of a taxpayer
as an eligible company for purposes of the tax credit allowed by this section shall be subject to the
following limitations and requirements. A job counts toward qualification of a taxpayer as an eligible
company if the job is a new job, as defined in this section, held by a new employee, as defined in this
section, and the new job:
(A) Pays a median wage of at least $37,000 annually. Beginning January 1, 2015, and on
January 1 of each year thereafter, the Tax Commissioner shall prescribe an amount that shall apply
in lieu of the $37,000 amount for new jobs filled during that calendar year. This amount is prescribed
by increasing the $37,000 figure by the cost-of-living adjustment for that calendar year. If any
increase under this subdivision is not a multiple of $50, the increase shall be rounded to the next
lowest multiple of $50;
(B) Provides health insurance. The employer may, in addition, offer benefits including child
care, retirement and other benefits; and
(C) Is a full-time, permanent position, as those terms are defined in this section.
(D) Jobs that pay less than the statewide average nonfarm payroll wage, as determined
annually by the West Virginia Bureau of Employment Programs, or that pay that salary, but do not
also provide health benefits in addition to the salary, do not count toward qualification of a taxpayer
as an eligible company under this section. Jobs that are less than full-time, permanent positions do
not count toward qualification of a taxpayer as an eligible company under this section.
(E) The employer having obtained qualification as an eligible company under this section for
the year in which the new job is filled is not required to raise wages of the employees currently employed in the new jobs upon which the initial qualification as an eligible company under this
section was based by reason of the cost-of-living adjustment for new jobs filled in subsequent years
provided the employer continues to provide healthcare.
(e)
Application and review.
(1)
Application. - An eligible company that meets the requirements of this section may apply
to the Development Office for entitlement to the tax credit authorized under this section. The
application shall be on a form prescribed by the Development Office and shall include all of the
following:
(A) The name and address of the applicant;
(B) Documentation that the applicant is as eligible company;
(C) Documentation that the applicant meets the requirements of this section;
(D) Documentation that the applicant does not owe any delinquent taxes or any other amounts
to the federal government, this state or any political subdivision of this state;
(E) An affidavit that the applicant has not filed for or publicly announced its intention to file
for bankruptcy protection and that the company will not seek bankruptcy protection within the next
six calendar months following the date of the application;
(F) A waiver of confidentiality under section five-d, article ten, chapter eleven of this code
for information provided in the application; and
(G) Any other information required by the Development Office.
(f)
Credit allowable.
(1)
Certified multiple year projects.
(A) In general. - A multiple year qualified professional services destination facility project
certified by the West Virginia Development Office is eligible for the credit allowable by this article.
A project eligible for certification under this section is one where the qualified investment under this
article creates at least the required minimum number of new jobs but the qualified investment is
placed in service or use over a period of up to three successive tax years:
Provided, That the qualified
investment is made pursuant to a written business facility development plan of the taxpayer providing
for an integrated project for investment at one or more new or expanded business facilities, a copy of which must be attached to the taxpayers application for project certification and approved by the
West Virginia Development Office, and the qualified investment placed in service or use during the
first tax year would not have been made without the expectation of making the qualified investment
placed in service or use during the next two succeeding tax years.
(B) Application for certification. - The application for certification of a project under this
section shall be filed with and approved by the West Virginia Development Office prior to any credit
being claimed or allowed for the projects qualified investment and new jobs created as a direct result
of the qualified investment. This application shall be approved in writing and contain the information
as the West Virginia Development Office may require to determine whether the project should be
certified as eligible for credit under this article.
(C) Review. - Within thirty days of receipt of a complete application, the Development Office,
in conjunction with the Tax Division of the Department of Revenue, shall review the application and
determine if the applicant is an eligible company and that the requirements of this section have been
met. Applications not approved within the thirty days specified in this subdivision are hereby deemed
denied.
(D)
Approval. - The Development Office may approve or deny the application. Upon approval
of an application, the Development Office shall notify the applicant in writing and enter into an
agreement with the eligible company for benefits under this section.
(2)
Certified follow-up project expansions.
(A) An eligible company that intends to undertake a follow-up project expansion, may apply
to the West Virginia Development Office for certification of a single, one-time, follow-up project
expansion, and entitlement to an additional tax credit under this section in an amount which is the
lesser of twenty-five percent of qualified investment in the follow-up project expansion or $12.5
million. No taxpayer, or group of taxpayers, in the aggregate may apply more than $2.5 million of
annual credit in any tax year under this section, either in the form of a refund or directly against a tax
liability or in any combination thereof. This limitation applies to initial tax credit attributable to
qualified investment in a qualified professional services destination facility, and to qualified investment in a follow-up project expansion, so that credit attributable additively and in the aggregate
to both may not be applied to exceed $2.5 million annual credit in any tax year.
(B) The requirements, limitations and qualifications applicable to qualified professional
services destination facility projects under this section apply to follow-up project expansions, except
for those requirements, limitations and qualifications expressly specified in this subdivision (2).
(C) Requirements for certification of a follow-up project expansion are as follows:
(i) The eligible company, pursuant to certification and authorization for entitlement to tax
credit under subsection (1) of this section (f), has placed qualified investment of not less than $80
million into service in a qualified professional services destination facility within an initial period of
not more than three tax years;
(ii) The eligible company intends to place additional qualified investment in service or use in
the previously certified qualified professional services destination facility project, or an expansion
or extension thereof. In no case shall a follow-up project expansion be certified if the follow-up
project expansion property is not contiguous to, or within not more than one mile of, the initial
qualified professional services destination facility;
(iii) The eligible company proposes to place the qualified investment in the follow-up project
expansion in service or use in the fourth tax year subsequent to the tax year in which qualified
investment was first placed into service or use in the initial qualified professional services destination
facility project, or under a multiple year project certification, in the fourth, fifth and sixth tax year
subsequent to the tax year in which qualified investment was first placed into service or use in the
initial qualified professional services destination facility project;
(iv) The follow-up project expansion must create and maintain at least twenty-five net new
jobs held by new employees, in addition to the new jobs created by the initial qualified professional
services destination facility project. The loss of any West Virginia job at the eligible company will
be subtracted from the count of new jobs attributable to the follow-up project expansion;
(v) The West Virginia Development Office shall not issue more than one certification for any
follow-up project expansion; and
(vi) The West Virginia Development Office shall not issue certification of a follow-up project
expansion unless the applicant provides convincing evidence to show that the follow-up project
expansion will result in jobs creation specified in this subdivision, that such jobs will remain and be
maintained in West Virginia for at least ten years subsequent to the placement of qualified investment
into service or use in the follow-up project expansion, that the follow-up project expansion will not
operate to the detriment of other West Virginia businesses or to the detriment of the economy, public
welfare or moral character of West Virginia or its people.
(g)
Agreement.
(1) The agreement between the eligible company and the Development Office shall be entered
into before any benefits may be provided under this section.
(2) The agreement shall do all of the following:
(A) Specify the terms and conditions the eligible company must comply with in order to
receive benefits under this section, other than those terms, limitations and conditions specified and
mandated by statute or regulation; and
(B) Require the Development Office to certify all of the following to the Tax Division of the
Department of Revenue each taxable year an agreement under this section is in effect:
(i) That the eligible company is eligible to receive benefits under this section;
(ii) The number of new jobs created by the company during each taxable year;
(iii) The amount of gross wages, as determined for purposes of Form W2, as filed with the
Internal Revenue Service, being paid to each individual employed in a new job;
(iv) The amount of an eligible companys qualified investment;
(v) The maximum amount of credit allowable to the eligible company under this section; and
(vi) Any other information deemed necessary by the Development Office.
(h)
Filing and contents.
(1)
Filing. - On or before the due date of the income tax return for each tax year in which the
agreement is in effect, an eligible company shall file with the Tax Division of the Department of
Revenue a form prescribed by the Tax Commissioner.
(2)
Contents. - The form specified under subdivision (1) of this subsection (h) shall request the following information:
(A) The name and Employer Identification Number of the eligible company;
(B) The effective date of the agreement;
(C) The reporting period end date;
(D) Information relating to each individual employed in a new job as required by the Tax
Commissioner;
(E) Aggregate gross receipts for the tax period and gross receipts on which tax has been paid
under article twenty-seven, chapter eleven of this code for the tax period; and
(F) Any other information required by the Tax Commissioner.
(3)
Taking of credit. - The taxpayer, participant or participants claiming the credit for qualified
investments in a certified project shall annually file with their income tax returns filed under chapter
eleven of this code:
(A) Certification that the taxpayers or participants qualified investment property continues to
be used in the project and if disposed of during the tax year, was not disposed of prior to expiration
of its useful life;
(B) Certification that the new jobs created by the projects qualified investment continue to
exist and are filled by persons who are residents of this state; and
(C) Any other information the tax commissioner requires to determine continuing eligibility
to claim the annual credit allowance for the projects qualified investment.
(4)
Confidentiality. - The contents of the completed form shall be subject to the confidentiality
rules set forth in section five-d, article ten, chapter eleven of this code:
Provided, That
notwithstanding the provisions of section five-d, article ten, chapter eleven of this code, or any other
provision of this code, tax returns, tax return information and such other information as may be
necessary to administer the tax credits and programs authorized and specified by this article and in
this section may be exchanged between the Tax Commissioner and the West Virginia Development
Office without restriction.
§5B-2E-8. Forfeiture of unused tax credits; credit recapture; recapture tax imposed;
information required to be submitted annually to development office; transfer of tax credits to successors.
(a) The approved company
or eligible company shall forfeit the tourism development project
tax credit allowed by section seven of this article, or the tourism development expansion tax credit
allowed by section seven-a of this article,
or the tax credit allowed by section seven-b of this article,
as applicable, with respect to any calendar year and shall pay the recapture tax imposed by subsection
(b) of this section, if:
(1) In any year following the first calendar year the project is open to the public, the project
fails to attract at least twenty-five percent of its visitors from among persons who are not residents
of the state;
(2) In any year following the first year the project is open to the public, the project is not
operating and open to the public for at least one hundred days; or
(3) The approved company
or eligible company, as of the beginning of each calendar year, has
an outstanding obligation to a Workers Compensation Fund, as defined in article two-c of chapter
twenty-three of this code, an outstanding obligation under the West Virginia Unemployment
Compensation Act, or an outstanding obligation under the
West Virginia state tax and revenue laws
;
or
__________(4) Any company, approved company or eligible company, to which entitlement to the tax
credit authorized under section seven-b of this article has been previously established, fails to meet
the requirements specified in section seven-b for an eligible company and for a qualified professional
services destination facility, including, but not limited to, jobs maintenance, employee wage and
employee health benefits, aggregate gross receipts, and gross receipts subject to the tax imposed under
article twenty-seven, chapter eleven of this code.
__________(5) Any company, approved company or eligible company, to which entitlement to the tax
credit authorized under section seven-b of this article has been previously established:
__________(A) Is delinquent in payment of any assessment, fee, fine, civil penalty or monetary imposition
imposed by the West Virginia Division of Environmental Protection or the United States
Environmental Protection Agency, or any agency charged with enforcing federal, state or local
environmental or hazardous waste regulations,
__________(B) Is delinquent in compliance with any order, injunction, compliance agreement, agreed
order, court order, mandamus or other enforcement or compliance instrumentality of the West
Virginia Division of Environmental Protection or United States Environmental Protection Agency
or any agency charged with enforcing federal, state or local environmental or hazardous waste
regulations.
__________(C) Is out of compliance or not compliant with any citation or order issued by the
West
Virginia Division of Environmental Protection
or the
United States Environmental Protection
Agency
, or any agency charged with enforcing federal, state or local environmental or hazardous
waste regulations, requiring that a condition be abated or corrected.
(b) In addition to the loss of credit allowed under this article for the calendar year, a credit
recapture tax is hereby imposed on any approved company or successor eligible company that forfeits
the tourism development project tax credit or the tourism development expansion project credit or
the credit authorized under section seven-b of this article, under the provisions of subsection (a) of
this section. The credit recapture tax shall apply and the approved company, and successor eligible
companies, shall return to the state and any other person or entity that has received the tax credit
allowed under this article shall be liable for an amount of recapture tax equal to all previously claimed
tourism development project tax credit or tourism development expansion project credit, or the tax
credits authorized under section seven-b of this article, and allowed by this article. An amended
return shall be filed with the State Tax Commissioner, as applicable, plus interest and penalties
applicable in accordance with the Tax Procedure and Administration Act. The recapture tax shall be
calculated and paid pursuant to the filing, with the tax commissioner of an amended return, and such
other forms, schedules and documents as the Tax Commissioner may require, for the prior calendar
year, or calendar years, for which credit recapture is required, along with interest, as provided in
section seventeen, article ten, chapter eleven of this code: Provided, That the approved company and
successor eligible companies, eligible company, person or entity who previously claimed the tourism
development project tax credit, or the tourism development expansion project credit, or the tax credits
allowed by section seven-b of this article, as applicable, under this article and successor eligible
companies, persons or entities are jointly and severally liable for payment of any recapture tax subsequently imposed under this section. For purposes of this recapture tax, the statute of limitations
otherwise applicable under the Tax Procedure and Administration Act shall not begin to run until the
eighteenth year subsequent to the earlier of: the year when qualified investment is first placed into
service or use, or the year when the application for the tax credit authorized under this article was
filed with the West Virginia Development Office.
(c) Within forty-five days after the end of each calendar year during the term of the agreement,
the approved company shall supply the development office with all reports and certifications the
development office requires demonstrating to the satisfaction of the development office that the
approved company is in compliance with applicable provisions of law. Based upon a review of these
materials and other documents that are available, the development office shall then certify to the Tax
Commissioner that the approved company is in compliance with this section.
(d) The tax credit allowed in this article is transferable, subject to the written consent of the
development office, to an eligible successor company that continues to operate the approved project.
§5B-2E-11. Termination.
The Development Office may not accept any new project application after December 31, 2013
2019, and all applications submitted prior to January 1, 2013 2020, that have not been previously
approved or not approved, shall be deemed not approved and shall be null and void as of January
1,2013 2020."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4184 - "A Bill to amend and reenact §5B-2E-3, §5B-2E-4, §5B-2E-5,
§5B-2E-7, §5B-2E-7a, §5B-2E-8 and §5B-2E-11 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated §5B-2E-7b, all relating generally
to the West Virginia Tourism Development Act; providing, modifying or eliminating certain
definitions; removing requirement for engagement of a consulting firm to review proposed projects;
imposing application filing fee; providing additional criteria for evaluation of applications;
eliminating limitation on total amount of tourism development expansion project tax credits for all
approved companies each calendar year; providing increased tax credit amounts for projects located on or adjacent to state and federal recreational property; establishing tax credit for qualified
professional services destination facilities under certain circumstances; specifying benefits upon
application and review; providing certain limitations on benefits; authorizing rulemaking by the Tax
Commissioner; providing for recapture; extending the deadline for project applications; and making
technical corrections."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 462), and there were--yeas
85, nays 13, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Border, Cadle, Cowles, Faircloth, Folk, Gearheart, Householder, Howell,
Kump, Overington, R. Smith and Sobonya.
Absent and Not Voting: J. Nelson and Raines.
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. 4184) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4204, Relating to the nonrenewal or cancellation of property insurance
coverage policies in force for at least four years.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 17A. PROPERTY INSURANCE DECLINATION, TERMINATION AND
DISCLOSURE.
§33-17A-4. Notification and reasons for a transfer, declination or termination.
(a) Upon declining to insure any real or personal property, subject to this article, the insurer
making a declination shall provide the insurance applicant with a written explanation of the specific
reason or reasons for the declination at the time of the declination. The provision of such insurance
application form by an insurer shall create no right to coverage on the behalf of the insured to which
the insured is not otherwise entitled.
(b) A notice of cancellation of property insurance coverage by an insurer shall be in writing,
shall be delivered to the named insured or sent by first class mail to the named insured at the last
known address of the named insured, shall state the effective date of the cancellation and shall be
accompanied by a written explanation of the specific reason or reasons for the cancellation.
(c) At least thirty days before the end of a policy period, as described in subsection (c), section
three of this article, an insurer shall deliver or send by first class mail to the named insured at the last
known address of the named insured, notice of its intention regarding the renewal of the property
insurance policy. Notice of an intention not to renew a property insurance policy shall be
accompanied by an explanation of the specific reasons for the nonrenewal: Provided, That no insurer
shall fail to renew an outstanding property insurance policy which has been in existence for four years
or longer except for the reasons as set forth in section five of this article; or for other valid
underwriting reasons which involve a substantial increase in the risk. Provided further, That
notwithstanding any other provision of this article, no property insurance coverage policy in force for
at least four years, may be denied renewal or canceled solely as a result of:
____________________________________________(1) A single first party property damage claim within the previous thirty-six months and that
arose from wind, hail, lightning, wildfire, snow or ice, unless the insurer has evidence that the insured
unreasonably failed to maintain the property and that failure to maintain the property contributed to
the loss, or
____________________________________________(2) Two first party property damage claims within the previous twelve months, both of which
arose from claims solely due to an event for which a state of emergency is declared for the county in
which the insured property is located, unless the insurer has evidence that the insured unreasonably
failed to maintain the property and that failure to maintain the property contributed to the loss. State
of emergency means the situation existing after the occurrence of a disaster in which a state of emergency has been declared by the Governor or by the Legislature pursuant to the provisions of
section six, article five, chapter fifteen of this code or in which a major disaster declaration or
emergency declaration has been issued by the President of the United States pursuant to the provisions
of 42 U. S. C. §5122."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 463), 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: J. Nelson and Raines.
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. 4204) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4210, Juvenile sentencing reform.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-23 Punishment for juvenile convicted as an adult; eligibility for parole; factors to be
considered prior to sentencing.
(a) Notwithstanding any other provision of law to the contrary, a sentence of life imprisonment
without the possibility of parole may not be imposed on a person who:
(1) Is convicted of an offense punishable by life imprisonment; and
(2) Was less than eighteen years of age at the time the offense was committed.
(b) Unless otherwise provided by this code, the provisions of article twelve, chapter sixty-two
of this code shall govern the eligibility for parole of a person who is convicted of an offense and
sentenced to confinement if he or she was less than eighteen years of age at the time the offense was
committed, except that a person who is convicted of one or more offenses for which the sentence or
any combination of sentences imposed is for a period that renders the person ineligible for parole until
he or she has served more than fifteen years shall be eligible for parole after he or she has served
fifteen years if the person was less than eighteen years of age at the time each offense was committed.
(c) In addition to other factors required by law to be considered prior to the imposition of a
sentence, in determining the appropriate sentence to be imposed on a person who has been transferred
to the criminal jurisdiction of the court pursuant to section ten, article five, chapter forty-nine of this
code and who has been subsequently tried and convicted of a felony offense as an adult, the court
shall consider the following mitigating circumstances:
(1) Age at the time of the offense;
(2) Impetuosity;
(3) Family and community environment;
(4) Ability to appreciate the risks and consequences of the conduct;
(5) Intellectual capacity;
(6) The outcomes of a comprehensive mental health evaluation conducted by a mental health
professional licensed to treat adolescents in the State of West Virginia:
Provided, That no provision
of this section may be construed to require that a comprehensive mental health evaluation be
conducted;
(7) Peer or familial pressure;
(8) Level of participation in the offense;
(9) Ability to participate meaningfully in his or her defense;
(10) Capacity for rehabilitation;
(11) School records and special education evaluations;
(12) Trauma history;
(13) Faith and community involvement;
(14) Involvement in the child welfare system; and
(15) Any other mitigating factor or circumstances.
(d)(1) Prior to the imposition of a sentence on a person who has been transferred to the
criminal jurisdiction of the court pursuant to section ten, article five, chapter forty-nine of this code
and who has been subsequently tried and convicted of a felony offense as an adult, the court shall
consider the outcomes of any comprehensive mental health evaluation conducted by a mental health
professional licensed to treat adolescents in the State of West Virginia. The comprehensive mental
health evaluation must include the following:
(A) Family interviews;
(B) Prenatal history;
(C) Developmental history;
(D) Medical history;
(E) History of treatment for substance use;
(F) Social history; and
(G) A psychological evaluation.
(2) The provisions of this subsection are only applicable to sentencing proceedings for
convictions rendered after the effective date of this section and shall not constitute sufficient grounds
for the reconsideration of sentences imposed as the result of convictions rendered after the effective
date of this section.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 12. PROBATION AND PAROLE.
§62-12-13b. Special parole considerations for persons convicted as juveniles.
(a) When a person who is serving a sentence imposed as the result of an offense or offenses
committed when he or she was less than eighteen years of age becomes eligible for parole pursuant
to applicable provisions of this code, including, but not limited to, section twenty-three, article eleven,
chapter sixty-one thereof, the parole board shall ensure that the procedures governing its consideration of the persons application for parole ensure that he or she is provided a meaningful opportunity to
obtain release and shall adopt rules and guidelines to do so that are consistent with existing case law.
(b) During a parole hearing involving a person described in subsection (a) of this section, in
addition to other factors required by law to be considered by the parole board, the parole board shall
take into consideration the diminished culpability of juveniles as compared to that of adults, the
hallmark features of youth, and any subsequent growth and increased maturity of the prisoner during
incarceration. The board shall also consider the following:
(1) A review of educational and court documents;
(2) Participation in available rehabilitative and educational programs while in prison;
(3) Age at the time of the offense;
(4) Immaturity at the time of the offense;
(5) Home and community environment at the time of the offense;
(6) Efforts made toward rehabilitation;
(7) Evidence of remorse; and
(8) Any other factors or circumstances the board considers relevant."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 464), and there were--yeas
89, nays 9, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Armstead, Arvon, Frich, Howell, Kump, ONeal, Sobonya, Walker and Walters.
Absent and Not Voting: J. Nelson and Raines.
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. 4210) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4220, Relating to waiver of jury trial in claims arising from consumer
transactions.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
section, designated §16-5C-21, to read as follows:
ARTICLE 5C. NURSING HOMES.
§16-5C-21. Jury trial waiver to be a separate document.
____(a) Every written agreement containing a waiver of a right to a trial by jury that is entered into
between a nursing home and a person for the nursing care of a resident, must have as a separate and
stand alone document any waiver of a right to a trial by jury.
____(b) Nothing in this section may be construed to require a court of competent jurisdiction to
determine that the entire agreement or any portion thereof is enforceable, unenforceable, conscionable
or unconscionable.
____(c) This section applies to all agreements entered into on or after January 1, 2015."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4220 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §16-5C-21, relating to requirements for agreements with
nursing homes wherein a person waives their rights to trials by jury on claims arising from the nursing
care of a nursing home resident; ensuring the court is not bound to find all or part of the contract
enforceable, unenforceable, conscionable or unconscionable; and applying this section to all
agreements entered into on or after January 1, 2015."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 465), 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: J. Nelson and Raines.
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. 4220) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4228, Repealing or removing certain portions of education-related
statutes that have expired.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page ten, section seven, line forty-two, after the word "by", by inserting the word "a".
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4228 - "A Bill to repeal §11-8-16a of the Code of West Virginia, 1931,
as amended; to repeal §18-2-17 of said code; to repeal §18-2E-5b and §18-2E-8b of said code; to
repeal §18-2G-1, §18-2G-2 and §18-2G-3 of said code; to repeal §18-5-15e and §18-5-38 of said
code; to repeal §18-7-1, §18-7-2 and §18-7-3 of said code; to repeal §18-9A-6b, §18-9A-14a and §18-
9A-19 of said code; to repeal §18-9C-1, §18-9C-2, §18-9C-3, §18-9C-4, §18-9C-5, §18-9C-6, §18-
9C-7 and §18-9C-8 of said code; to repeal §18A-3-1c and §18A-3-1d of said code; to repeal §18A-4-
10b and §18A-4-14a of said code; to amend and reenact §18-2-5a and §18-2-13 of said code; to
amend and reenact §18-2E-7 of said code; to amend and reenact §18-8-1a of said code; and to amend
and reenact §18A-2-12 of said code, all relating to repealing or removing certain portions of
education-related statutes that are no longer applicable or are expired; repealing the authorization for
county boards of education with an excess levy in effect prior to Better Schools Amendment to propose an additional excess levy not exceeding one hundred percent and a period of five years;
repealing an expired pilot program for the delivery of leftover foods from schools and penal
institutions; repealing expired provisions for review of system of education performance audits;
repealing an expired requirement for audit of state board policies; repealing the library media
improvement grant program; repealing an expired requirement for study on school equity; repealing
an expired provision governing county board meetings; repealing an adult literacy education program
financed, in part, by a voluntary state income tax return check-off; repealing the appropriation and
allocation, up to $7 million, due to the increase in local share to Teachers Retirement System;
repealing the incentive for administrative efficiency in public schools and its associated funding to
the county boards of education; repealing a requirement for county boards of education to request
funds to which they may be entitled; repealing the Better School Buildings Amendment and
associated funding to county boards of education; repealing an expired study on training, certification,
licensure and retraining of teachers; repealing a study of alternative certification programs that was
required to be submitted to the Legislative Oversight Commission on Education Accountability by
December 31, 2013; repealing the requirement to record and distribute exemplary teaching techniques
and its associated bonuses to certain teachers; repealing an expired study on daily planning periods;
providing that the State Board of Education need only file a single copy of a proposed rule with the
Legislative Oversight Commission; removing the requirement that the State Board of Education
contract with an independent agency to evaluate the results of character education and biannual
reporting; changing the requirement from a school-by-school to a countywide plan for provision of
technology and services to students as part of the twenty-first century strategic learning plan;
removing the requirement for semiannual reporting on the effect of the increased compulsory
attendance age of students and the progress the state and county boards have made in implementing
its associated requirements; and clarifying that the written evaluation system for employment
performance of personnel must be conducted at least annually on professional personnel and
removing related transitional language."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 466), 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: J. Nelson and Raines.
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. 4228) 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 amendment, a bill of the
House of Delegates, as follows:
H. B. 4286, Captive Cervid Farming Act.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-
2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; and that
§20-1-2 of said code be amended and reenacted, all to read as follows:
CHAPTER 19. AGRICULTURE.
ARTICLE 2H. CAPTIVE CERVID FARMING
ACT.
§19-2H-1. Short title; joint regulation.
(a) This article shall be known and may be cited as the Captive Cervid Farming Act.
(b) Captive cervid farming shall be jointly regulated by the Department of Agriculture and the
Division of Natural Resources.
(c) The department and division shall cooperate to implement the provisions of this article,
promulgate rules, draft any Memorandums of Understanding or take other action as may be necessary
for the proper and effective enforcement of these provisions.
§19-2H-2. Purpose and legislative findings.
(a) The purpose of this article is to promote this states agricultural economy, to preserve
family farming opportunities, to encourage agricultural uses of the natural topography of the states
rural lands and to foster job retention and job creation in the states rural areas by providing for
comprehensive regulation of captive cervid farming as a viable agricultural business, while also
preserving the importance of wildlife management and deer hunting in this state.
(b) The Legislature finds and declares that captive cervid farming is primarily an agricultural
pursuit, and that captive cervids may be raised in a manner similar to other livestock. The
Commissioner of Agriculture possesses the knowledge, training and experience required to properly
regulate captive cervid farms and to adequately protect the health and safety of animals and the
general public. The Legislature also finds and declares that matters related to promoting the cervid
farming industry, the sale and regulation of cervid meat excluding white-tailed deer and elk meat,
animal health, animal identification, record keeping and animal husbandry methods and equipment
are best managed and regulated by the department.
(c) The Legislature further finds that the Division of Natural Resources
is empowered to
regulate and protect the native wildlife of this state, currently issues licenses for captive cervid
facilities, and has natural resources police officers to enforce its regulations and permitting
requirements. The division has a vested interest in maintaining the health and safety of wildlife as part
of its wildlife management objectives, as well as encouraging the long tradition of deer hunting in this
state. Fencing, pen size, entrapment of wildlife, interstate movement of captive cervids, escaping
captive cervids, and chronic wasting disease management are best managed and regulated by the
division.
§19-2H-3. Definitions.
As used in this article:
(1) Bio-security means measures, actions or precautions taken to prevent the transmission of
disease in, among or between wild and captive cervids.
(2) Captive cervid or captive cervids means members of the Cervidae family of animals
including, but not limited to, fallow deer, red deer, white-tailed deer, axis deer, elk, moose, reindeer
and caribou that are raised in captivity and under the control of the owner of the animal.
(3) Captive cervid farm means the captive cervids, the fenced area and all equipment and
components regulated by the department and the division for use as a captive cervid farming operation
as provided for in this article.
(4) Commissioner means the Commissioner of the West Virginia Department of Agriculture.
(5) Department means the West Virginia Department of Agriculture.
(6) Division means the Division of Natural Resources.
(7) Identification system means a process or procedure that allows an individual cervid to be
continuously recognized and monitored as a unique animal throughout its lifetime.
(8) License means a Class One or Class Two Captive Cervid Farm License issued by the
department for the operation of a captive cervid farm.
(9) Owner means the person who owns or operates a licensed captive cervid farm, or his or
her agent or operator.
(10) Permit means a Captive Cervid Fencing Permit issued by the division for the operation
of a captive cervid farm.
(11) Person means an individual, corporation, limited liability company, partnership,
association, joint venture or other legal entity.
(11) Release means to allow a cervid from a licensed captive cervid farm to be outside the
perimeter fence of the farm without being under the direct control of the owner.
§19-2H-4. Authority of the Department of Agriculture; rules.
(a) The department is granted the authority to regulate and control captive cervid farm
licenses, applications, requirements, record keeping, animal husbandry, identification and tagging,
disease prevention, inoculation and testing, fee schedule for services, species commingling, intrastate
movement of captive cervids, captive cervid meat inspection and sales excluding white-tailed deer
and elk, and inspections of captive cervid farms in this state in accordance with this article. Subject
to the transition provisions contained in section twelve of this article, no person may operate a captive cervid farm in this state unless that person holds a license issued by the commissioner pursuant to this
article.
(b) The commissioner shall promulgate emergency or legislative rules in accordance with
article three, chapter twenty-nine-a of this code to provide for implementation and enforcement of this
article.
(c) The rules, insofar as practicable, shall provide for the protection of animal and human
health and promotion of bio-security that are consistent with the rules promulgated by the United
States Department of Agriculture, Division of Animal and Plant Health Inspection Service.
(d) The rules shall include, but not be limited to, requirements that:
(1) Implement an identification system that allows individual captive cervid to be recognized,
tracked and identified throughout the animals life;
(2) Specify the record-keeping standards required of licensees, including standards for
documentation of purchases, propagation, sales, slaughtering and any other documentation required
to maintain accurate and complete records of captive cervid farming operations;
(3) Establish animal health testing criteria to discover and prevent the spread of disease in
captive cervids, to conduct testing and inoculations, and to impose quarantines; and
(4) Establish a schedule of fees and charges for services provided by the department to
licensed captive cervid farms.
§19-2H-5. Authority of the Division of Natural Resources; rules.
(a) The division is granted the authority to regulate, control and inspect the fencing, pen size,
entrapment of wildlife, escape of captive cervids, interstate movement of captive cervids, and
management of chronic wasting disease and other diseases affecting cervids in this state in accordance
with this article and chapter twenty of this code. Subject to the transition provisions contained in
section twelve of this article, no person may operate a captive cervid farm in this state unless that
person holds a permit issued by the director pursuant to this article.
(b) The director shall promulgate emergency or legislative rules in accordance with article
three, chapter twenty-nine-a of this code as are necessary to provide for implementation and
enforcement of this article.
(c) The rules promulgated under this section shall include, but not be limited to, requirements
that:
(1) Establish the specifications for fencing necessary to prevent the escape of captive cervids
and the infiltration of wildlife into a licensed captive cervid farm. The fencing regulations shall be
reasonable and comport with accepted industry and regulatory standards for captive cervids;
(2) Regulate the interstate movement of captive cervids and provide for maintenance of
documentation of the origin and destination of all shipments and any other requisite documentation;
and
(3) Maintain chronic wasting disease and other disease statistics, and develop any requisite
management criteria for chronic wasting disease and other disease containment zones and intrastate
movement of cervids therein to prevent the spread of the disease.
§19-2H-6. Duties of the commissioner and director.
Pursuant to the scope of his or her authority under this article, the commissioner or the director
may:
(1) Establish a section and designate staff to implement this article;
(2) Contract with veterinarians, biologists or other animal health professionals to provide
scientific expertise, services and testing to implement the provisions of this article;
(3) Enter into interstate contracts with other states to enhance the bio-security of captive cervid
farms in this and other states;
(4) Lease, rent, acquire, purchase, own, hold, construct, equip, maintain, operate, sell,
encumber and assign rights of any property, real or personal, consistent with the objectives set forth
in this article;
(5) Hold hearings, subpoena witnesses, administer oaths, take testimony, require the
production of evidence and documentary evidence and designate hearing examiners; and
(6) Take any other action necessary or incidental to the performance of their respective duties
and powers under this article.
§19-2H-7. Application for license or permit.
(a) A person applying to operate a captive cervid farm in this state is required to have: 1) A
Class One or Class Two Captive Cervid Farm License from the department; and 2) a Captive Cervid
Fencing Permit from the division. The department and the division shall provide the forms and
instructions for the license and permit applications.
(b) The following information shall be submitted by the person to the department for a license,
and the division for a permit:
(1) The mailing address of the proposed captive cervid farm and the size, location and an
adequate legal description of the farm;
(2) The number of each species of cervid proposed to be included in the proposed farm;
(3) The bio-security measures to be utilized, including, but not limited to, a description of the
fencing and the animal identification system to be used;
(4) The proposed method of flushing wild white-tailed deer from the enclosure, if applicable;
(5) The record-keeping system;
(6) The method of verification that all wild white-tailed deer have been removed;
(7) The current zoning, if any, of the property proposed for the farm;
(8) Any other information considered necessary by the department or division; and
(9) A closure plan for the safe disposition of captive cervids.
(c) The application shall be accompanied by the biennial license and permit fees set forth
below. The license and permit fees and classes may be amended by rule, and are as follows:
(1)
Class One Captive Cervid Farm License. -- Issued by the department for a farm to be used
only to breed and propagate cervids and create byproducts for sale: $500;
(2)
Class Two Captive Cervid Farm License. -- Issued by the department for a farm to breed
and propagate cervids and create byproducts for sale, and to slaughter and sell captive cervid meat,
excluding the sale of white-tailed deer and elk meat: $1,250; and
(3)
Captive Cervid Fencing Permit. -- Issued by the division for all captive cervid farms:
$500.
§19-2H-8. Department and Division action on applications.
(a) The department shall act on an application for a license, and the division shall act on an
application for a permit, within sixty days of receipt. The department may issue a provisional license,
and the division a provisional permit, for a proposed farm that has not yet been constructed, but
operations shall not begin until the completed farm has been inspected by the department and
division, and each has issued a license or permit, respectively.
(b) The department and division may not issue a license or permit until it is determined that
the captive cervid farm meets all of the following criteria:
(1) The captive cervid farm has been inspected by the department and division and meets the
standards and requirements of this article and the rules promulgated thereunder;
(2) The applicant has all requisite federal, state and local governmental permits; and
(3) The owner has paid all applicable license and permit fees and all charges for services
provided to the captive cervid farm.
(c) If the department or division finds a deficiency in the license or permit applications, the
owner shall be given at least thirty days to remedy the deficiency before the license or permit
application is denied.
(d) If the commissioner determines that the proposed captive cervid farm does not comply
with the requirements of this article after the opportunity to remedy deficiencies, the commissioner
shall deny the license application and notify the applicant in writing of the reasons for the denial.
(e) If the director determines that the proposed captive cervid farm does not comply with the
permit requirements of this article after the opportunity to remedy deficiencies, the director shall deny
the permit application and notify the applicant in writing of the reasons for the denial.
(f) The applicant may request a hearing from the commissioner for a license denial, or the
director for a permit denial, pursuant to article five, chapter twenty-nine-a of this code to contest the
denial of a license or permit, or any limitations placed upon the issuance of a license or permit.
(g) The department and division shall retain the license and permit fees regardless of approval.
§19-2H-9. License and permit certificates; renewal; nontransferable.
(a) Once approved, the department shall issue a license certificate, and the division shall issue
a permit certificate, to the owner of the captive cervid farm containing information such as:
(1) The class of license, the license number, the permit number, and expiration dates;
(2) The cervid herd size and species approved for the farm;
(3) The name, business address, physical address and directions, and telephone number of the
owner of the farm; and
(4) Emergency response and contact information for the captive cervid farm.
(b) An application for renewal of a license or permit shall be submitted on forms provided by
the department or division not later than sixty days before expiration of the current license or permit.
Each license or permit issued shall be for a period of two years from the date of issuance.
(c) The sale or transfer of ownership of a captive cervid farm will not operate to transfer the
license or permit. The department or division may issue a new license or permit to the transferee if
all requirements and fees are satisfied.
§19-2H-10. License and permit modification.
(a) An owner must apply to the department for a license modification if there is any proposed
change in the class of license or the species approved for the captive cervid farm.
(b) An owner must apply to the division for a permit modification if there is any proposed
change to the captive cervid farm permit.
§19-2H-11. Inspection of farm by the department and division.
The department and division shall have access at all reasonable hours to any licensed or
provisional captive cervid farm for the purpose of conducting inspections, securing samples or
specimens of any cervid species and determining whether the owner is in compliance with the
requirements of this article. Any inspection and sampling shall be conducted in a manner that will
foster the bio-security of captive cervid farms, and will not unnecessarily jeopardize the health of the
captive cervids.
§19-2H-12. Transition to captive cervid farm license and permit process.
A captive cervid farm in existence on the effective date of this article may continue operation
under its existing authorization until the department and division act on its application for a license
and permit under this article if the
owner of that farm applies for a license and permit within sixty
days after application forms are made available to current licensees.
§19-2H-13. Noncompliance with article, standards, orders or rules; suspension, revocation or
limitation of license or permit.
(a) The department may suspend, revoke or limit a license if the licensee fails to comply with
this article, standards adopted under this article, orders issued by the commissioner as a result of an
administrative action or departmental review conducted under this article or rules promulgated under
this article.
(b) The division may suspend, revoke or limit a permit if the permittee fails to comply with
this article, standards adopted under this article, orders issued by the director as a result of an
administrative action or review conducted under this article or rules promulgated pursuant to this
article.
§19-2H-14. Prohibited conduct; violation; penalty.
(a) A person may not recklessly release or permit the release of a captive cervid from a captive
cervid farm. A person may not intentionally or recklessly allow the entry or introduction of wild
white-tailed deer into a captive cervid farm. Any person who violates this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall, for a first offense, be confined in jail for not more
than ninety days, or fined not less than $50 nor more than $300 or both fined and confined. Any
person who violates this subsection for a second or subsequent offense is guilty of a misdemeanor
and, upon conviction thereof, shall be confined in jail for not more than one year, or fined not less
than $500 nor more than $1,000, or both fined and confined.
(b) Any person who intentionally releases captive cervids into the wild, or releases or
abandons captive cervids by failing to properly close or wind down a captive cervid farm, is guilty
of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less
than one nor more than three years, or fined not less than $2,000 nor more than $5,000, or both fined
and imprisoned.
§
19-2H-15. Findings of violations; remedies.
(a) The commissioner or director, upon finding that a person has violated a provision this
article or the rules promulgated thereunder, may:
(1) Issue a warning; or
(2) Impose a civil penalty of not more than $1,000 per violation, plus the costs of
investigation, for each violation, after notice and an opportunity for a hearing. A person aggrieved
by an administrative action under this section may request a hearing pursuant to article five, chapter
twenty-nine-a of this code.
(b) Notwithstanding any other provisions of this article, the commissioner or director may
bring an action to:
(1) Obtain a declaratory judgment that a particular method, activity or practice is a violation
of this article; or
(2) Obtain an injunction against a person who is engaging in a method, activity or practice that
violates this article.
(c) The remedies under this article are cumulative and use of one remedy does not bar the use
of any other remedy.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-2. Definitions.
As used in this chapter, unless the context clearly requires a different meaning:
(1) Agency means any branch, department or unit of the state government, however designated
or constituted.
(2) Alien means any person not a citizen of the United States.
(3) Bag limit or creel limit means the maximum number of wildlife which may be taken,
caught, killed or possessed by any person.
(4) Big game means elk,
white-tailed deer, black bears, wild boars and wild turkeys.
(5) Bona fide resident, tenant or lessee means a person who permanently resides on the land.
(6) Citizen means any native-born citizen of the United States and foreign-born persons who
have procured their final naturalization papers.
(7) Closed season means the time or period during which it shall be unlawful to take any
wildlife as specified and limited by
the provisions of this chapter regulation.
(8) Commission means the Natural Resources Commission.
(9) Commissioner means a member of the advisory commission of the Natural Resources
Commission.
(10) Director means the Director of the Division of Natural Resources.
(11) Fishing or to fish means the taking, by any means, of fish, minnows, frogs or other
amphibians, aquatic turtles and other forms of aquatic life used as fish bait
, whether dead or alive.
(12) Fur-bearing animals include:(a) The mink; (b) the weasel; (c) the muskrat; (d) the beaver;
(e) the opossum; (f) the skunk and civet cat, commonly called polecat; (g) the otter; (h) the red fox;
(i) the gray fox; (j) the wildcat, bobcat or bay lynx; (k) the raccoon; and (l) the fisher.
(13) Game means
big game, game animals, game birds,
and game fish
and small game as
herein defined.
(14) Game animals include:(a) The elk; (b) the
white-tailed deer; (c) the cottontail rabbits and
hares; (d) the fox squirrels, commonly called red squirrels, and gray squirrels and all their color
phases - red, gray, black or albino; (e) the raccoon; (f) the black bear; and (g) the wild boar.
(15) Game birds include:(a) The Anatidae, commonly known as swan, geese, brants and river
and sea ducks; (b) the Rallidae, commonly known as rails, sora, coots, mudhens and gallinule; (c) the
Limicolae, commonly known as shorebirds, plover, snipe, woodcock, sandpipers, yellow legs and
curlews; (d) the Galliformes, commonly known as wild turkey, grouse, pheasants, quails and
partridges (both native and foreign species); (e) the Columbidae, commonly known as doves; (f) the
Icteridae, commonly known as blackbirds, redwings and grackle; and (g) the Corvidae, commonly
known as crows.
(16) Game fish include:(a) Brook trout; (b) brown trout; (c) rainbow trout; (d) golden rainbow
trout; (e) largemouth bass; (f) smallmouth bass; (g) spotted bass; (h) striped bass; (i) chain pickerel;
(j) muskellunge; (k) walleye; (l) northern pike; (m) rock bass; (n) white bass; (o) white crappie; (p)
black crappie; (q) all sunfish species; (r) channel catfish; (s) flathead catfish; (t) blue catfish, (u)
sauger; and (v) all game fish hybrids.
(17) Hunt means to pursue, chase, catch or take any
wild birds or wild animals. Provided,
That wildlife. However, the definition of hunt does not include an officially sanctioned and properly licensed field trial, water race or wild hunt as long as that field trial is not a shoot-to-retrieve field
trial.
(18) Lands means land, waters and all other appurtenances connected therewith.
(19) Migratory birds means any migratory game or nongame birds included in the terms of
conventions between the United States and Great Britain and between the United States and United
Mexican States, known as the Migratory Bird Treaty Act, for the protection of migratory birds and
game mammals concluded, respectively, August 16, 1916, and February 7, 1936.
(20) Nonresident means any person who is a citizen of the United States and who has not been
a domiciled resident of the State of West Virginia for a period of thirty consecutive days immediately
prior to the date of his or her application for a license or permit except any full-time student of any
college or university of this state, even though he or she is paying a nonresident tuition.
(21) Open season means the time during which the various species of wildlife may be legally
caught, taken, killed or chased in a specified manner and shall include both the first and the last day
of the season or period designated by the director.
(22) Person
, except as otherwise defined elsewhere in this chapter, means the plural persons
and shall include or persons mean individuals, partnerships, corporations or other legal entities.
(23) Preserve means all
duly licensed private game
farmlands farms, or private
plants, ponds
or areas, where hunting or fishing is permitted under special licenses or seasons other than the regular
public hunting or fishing seasons.
The term preserve does not mean a captive cervid farm pursuant
to article two-h, chapter nineteen of this code, though a captive cervid farm may also be licensed as
a preserve.
_____(24) Protected birds means all wild birds not included within the definition of game birds and
unprotected birds.
(25) Resident means any person who is a citizen of the United States and who has been a
domiciled resident of the State of West Virginia for a period of thirty consecutive days or more
immediately prior to the date of his or her application for
a license or permit.
Provided, That
However, a member of the armed forces of the United States who is stationed beyond the territorial
limits of this state
, but and who was a resident of this state at the time of his or her entry into
such the service, and any full-time student of any college or university of this state even though he or she is
paying a nonresident tuition, shall be considered a resident under
the provisions of this chapter.
(26) Roadside menagerie means any place of business, other than a commercial game farm,
commercial fish preserve, place or pond, where any wild bird, game bird, unprotected bird, game
animal or fur-bearing animal is kept in confinement for the attraction and amusement of the people
for commercial purposes.
(27) Small game includes all game animals, furbearing animals and game birds except elk,
white-tailed deer, black bears, wild boars and wild turkeys.
(28) Take means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity,
gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so.
Provided, That However,
the definition of take does not include an officially sanctioned and properly licensed field trial, water
race or wild hunt as long as that field trial is not a shoot-to-retrieve field trial.
(29) Unprotected birds shall include:(a) The English sparrow; (b) the European starling; and
(c) the cowbird.
(30) Wild animals means all mammals native to the State of West Virginia occurring either
in a natural state or in captivity, except house mice or rats.
(31) Wild birds shall include all birds other than:(a) Domestic poultry - chickens, ducks,
geese, guinea fowl, peafowls and turkeys; (b) Psittacidae, commonly called parrots and parakeets; and
(c) other foreign cage birds such as the common canary, exotic finches and ring dove. All wild birds,
either:(i) Those occurring in a natural state in West Virginia; or (ii) those imported foreign game
birds, such as waterfowl, pheasants, partridges, quail and grouse, regardless of how long raised or
held in captivity, shall remain wild birds under the meaning of this chapter.
(32) Wildlife means wild birds, wild animals, game,
and fur-bearing animals, fish (including
minnows), reptiles, amphibians, mollusks, crustaceans and
all forms of aquatic life
used as fish bait,
whether dead or alive. native to the state of West Virginia unless the context indicates otherwise.
_____(33) Wildlife refuge means any land set aside by action of the director as an inviolate refuge
or sanctuary for the protection of designated forms of wildlife."
And,
By amending the title of the bill to read as follows:
H. B. 4286 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6,
§19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-
2H-15; and to amend and reenact §20-1-2 of said code, all relating to regulating captive cervids as
an agricultural enterprise; creating the Captive Cervid Farming Act; creating joint regulatory authority
between the Department of Agriculture and the Division of Natural Resources; stating legislative
purpose and findings; defining terms; authorizing rule-making; stating duties of commissioner and
director; requiring a class one or class two license from the department; requiring a fencing permit
from the division; establishing application requirements and fees for biennial license and permit;
issuing, renewing, and modifying license and permit certificates; providing that sale of farm does not
transfer license or permit; inspecting farms; permitting the transition of current farms; providing for
noncompliance with article; establishing criminal penalties and civil remedies; and clarifying natural
resources definitions."
On motion of Delegate White, the House of Delegates refused to concur in the Senate
amendments and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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. 4294, Establishing standards for court reporters and entities that provide
court reporting services.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 27. COURT REPORTER SERVICES.
§47-27-1. Fair trade standards for use of court reporter services.
(a) The purpose of this article is to ensure the integrity of the use of court reporter services by
establishing standards for private court reporters and entities providing or arranging for court
reporting services. It is declared the policy of the State of West Virginia that fair, ethical and impartial
selection and use of court reporting services are integral to the equitable administration of justice.
(b) For purposes of this article, court reporter means private court reporters providing court
reporting services, as well as businesses, entities or firms that provide or arrange for court reporting
services, and original transcript means the original transcription requested by a party along with a
certified copy of same for purposes of filing with a court.
(c) The provisions described in this article apply to court reporting services performed in this
state that are:
(1) Provided by a court reporter, wherever based, in connection with a legal proceeding
commenced or maintained in this state; and
(2) Provided by a court reporter based in this state, whether the parties appear in person or by
remote means.
(d) The provisions of this article do not apply to the conduct of official court reporters or their
substitutes, appointed by judges pursuant to section one, article seven, chapter fifty-one of this code,
when acting in their official capacities, reporters of government proceedings not relating to a legal
proceeding, local or federal courts, providing real-time services for hard-of-hearing litigants, the
provision of pro bono services to litigants who would qualify for the same through West Virginia
Legal Aid or other similar organizations, workers compensation proceedings or legal proceedings
recorded with sound-and-visual devices. A legal proceeding includes, but is not limited to, the
following:
(1) A court proceeding;
(2) A deposition;
(3) An arbitration hearing; and
(4) An examination under oath.
(e) Court reporters, businesses, entities, insurers or firms providing or arranging for court
reporting services are subject to the provisions of this section even if the businesses, entities, insurers
or firms are not subject to registration or other regulatory oversight in the state.
§47-27-2. Prohibited conduct.
(a) A legal proceeding may not be reported by:
(1) An individual who engages in a prohibited action as provided in this section;
(2) A party to the action;
(3) A relative, employee or attorney of one of the parties;
(4) Someone with a financial interest in the action or its outcome; or
(5) A relative, employee or attorney of someone with a financial interest in the action or its
outcome.
(b) Court reporters may not:
(1) Base the compensation for the court reporting services on the outcome of the proceeding
or otherwise giving the court reporter or court reporting business, entity or firm a financial interest
in the action. Court reporters or businesses, entities or firms providing or arranging for court
reporting services may not offer or provide court reporting services where payment for those services
will be made contingent on the outcome of the action.
(2) Enter into an agreement, whether formal or informal, for court reporting services which
restricts the noticing attorney or party to a legal proceeding from selecting and using the court reporter
of his or her own choosing or otherwise requires the noticing attorney or party to a legal proceeding
to select or use a court reporter not of his or her own choosing. Before accepting an assignment for
court reporting services, the court reporter is obligated to make reasonable efforts to ascertain whether
any arrangement exists which is prohibited under this article.
(3) Allow the format, content or body of the transcript as certified by the court reporter to be
manipulated in a manner that increases the cost of the transcript.
(4) Charge a fee for the electronic copy or paper copy of a transcript that is more than fifty-five
percent of the cost of the original transcript, except by agreement of all parties to a legal proceeding.
This prohibition does not apply to real-time court reporting services or accelerated transcript delivery requests made by the party requesting a copy of the transcript when the party requesting the original
has not requested accelerated delivery.
(5) Require the attorney purchasing the original or a copy of the transcript to purchase extra
services that were neither ordered nor desired from the court reporter as a condition for the sale of the
transcript.
§47-27-3. Disclosure and limitations on practices.
(a) Prior to the commencement of a legal proceeding, and at any time during or following the
conclusion of a legal proceeding, an attorney or a party to that legal proceeding has the right to an
itemized statement of all rates and charges for all services that have been or will be provided by the
court reporter or business, entity or firm providing or arranging for court reporting services to any
party to the legal proceeding.
(b) A court reporter shall certify on the certification page of each transcript of a legal
proceeding, the following: I certify that the attached transcript meets the requirements set forth within
article twenty-seven, chapter forty-seven of the West Virginia Code.
(c) Each transcript of a legal proceeding shall conform to the following minimum standards:
(1) No fewer than twenty-four typed lines on standard 8-1/2 by 11 inches pages.
(2) No fewer than nine characters to the typed inch.
(3) A full line of text shall be no less than fifty-six characters and/or spaces unless
timestamping is used, in which case no fewer than forty-eight characters and/or spaces shall be used
on a full line of text.
(4) Timestamping may only be printed on a transcript under any of the following
circumstances: (A) when a deposition is videotaped; (B) when requested by counsel on the record;
and (C) when a transcript will have not less than forty-eight characters per line.
(5) The page numbers, headers and footers do not count as a line of text. Line numbers and
the spaces preceding text do not count as a character.
(6) Each question and answer to begin on a separate line.
(7) Each question and answer to begin no more than five spaces from the left-hand margin
with no more than five spaces from the question and answer to the text.
(8) Carry-over question and answer lines to begin at the left-hand margin.
(9) Colloquy material to begin no more than fifteen spaces from the left-hand margin, with
carryover colloquy to the left-hand margin. In colloquy, text shall begin no more than two spaces after
the colon following speaker identification.
(10) Quoted material to begin no more than fifteen spaces from the left-hand margin, with
carry-over lines to begin no more than ten spaces from the left-hand margin.
(11) Parentheticals and exhibit markings to begin no more than fifteen spaces from the left-
hand margin, with carry-over lines to begin no more than fifteen spaces from the left-hand margin.
(d) The provisions of sections one, two or three of this article may not be waived or otherwise
modified.
§47-27-4. Penalties for violations; civil actions; and damages.
A court reporter or the entity that produces and bills for the transcript which violates the
provisions of sections two or three of this article is subject to civil penalty in a court of competent
jurisdiction as follows: Any party to a civil action, a court reporter, attorney or other person who has
been subject to a violation of the provisions of sections two or three of this article may recover,
payable to the prevailing party, a civil penalty for any willful violation of this section and the court
shall assess a civil penalty of no less than $2,500 for each violation:
Provided, That no more than one
civil penalty under this section may be assessed in any one matter pending before the court; and if the
court finds that the court reporter has engaged in a course of repeated and willful violations of this
section, it may assess an additional civil penalty of up to $5,000 for each violation of this section.
For any action filed pursuant to this section, the court, in its discretion, may award all or a portion of
the costs of litigation, including reasonable attorney fees, court costs and fees, to the prevailing party."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 467), and there were--yeas
87, nays 11, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Ferns, Ferro, Folk, Howell, Ireland, Kump, E. Nelson, Pethtel, Sobonya and
Storch.
Absent and Not Voting: J. Nelson and Raines.
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. 4294) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4335, Relating to a childs right to nurse.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page two, section nineteen, line five, by striking out the comma after the word "location".
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 468), and there were--yeas
97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Gearheart.
Absent and Not Voting: J. Nelson and Raines.
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. 4335) 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 amendment, to take
effect from passage, a bill of the House of Delegates, as follows:
Com. Sub. for H. B. 4339, Ensuring that moneys from the Solid Waste Authority Closure
Cost Assistance Fund are available to facilitate the closure of the Elkins-Randolph County Landfill
and the Webster County Landfill.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page seven, section twelve, after line eighty-nine, by adding a new subsection, designated
subsection (i), to read as follows:
"(i) The Prichard Landfill in Wayne County is eligible for funds from the Closure Cost
Assistance Fund necessary to complete post closure maintenance and monitoring upon the filing of
an appropriate application. In the event of a permit transfer, neither the State nor the Wayne County
economic development authority or entity may assume any liability from the private landfill other
than post closure maintenance and monitoring costs."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4339 - "A Bill to amend and reenact §22-16-11 and §22-16-12 of the
Code of West Virginia, 1931, as amended, all relating to authorizing the expenditures of moneys from
the Closure Cost Assistance Fund to facilitate the closure of the Elkins-Randolph County Landfill and
the Webster County Landfill; authorizing expenditures of moneys from the Closure Cost Assistance
Fund to complete post closure maintenance and monitoring; and limiting liability of state and Wayne
County Economic Development Authority if permit is transferred."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 469), and there were--yeas
97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Kump.
Absent and Not Voting: J. Nelson and Raines.
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. 4339) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4343, West Virginia Project Launchpad Act.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page thirty-seven, section four, line thirteen, by striking out the word "two" and inserting
in lieu thereof the word "three".
On page thirty-nine, section four, lines forty-six through fifty-one, by striking out all of
subsection (g) and inserting in lieu thereof a new subsection, designated subsection (g), to read as
follows:
(g)
Duration of launchpad designation. -- The designation of a geographic area as a West
Virginia project launchpad for economic development is for a period not to exceed eight years,
beginning January 1, 2015 and ending December 31, 2022, unless the launchpad is sooner decertified
as provided in this article, or the ending date is extended by the Legislature.;
On page forty, section five, line one, by striking out "January 1, 2015" and inserting in lieu
thereof "December 30, 2014".
On page fifty-six, section ten, line sixty-three, by striking out "2025" and inserting in lieu
thereof "2019".
On page sixty-five, section seventeen, lines five through seven, by striking out all of
subdivision (1).
On page sixty-six, section seventeen, line eight, by striking out "(2)" and inserting in lieu
thereof "(1)".
On page sixty-six, section seventeen, lines twenty-four through seventy, by striking out all of
subdivision (3) and inserting in lieu thereof a new subdivision, designated subdivision (2), to read as
follows:
"(2) All of the following:
(A) Net gains or income, less net losses, derived by a resident or nonresident of a West
Virginia project launchpad for economic development from the sale, exchange or other disposition of real or tangible personal property located in a West Virginia project launchpad for economic
development as determined in accordance with generally accepted accounting principles and
practices. The exemption provided in this paragraph (A) shall not apply to the sale, exchange or other
disposition of any stock of goods, merchandise or inventory, or any operational assets unless the
transfer is in connection with the sale, exchange or other disposition of all of the assets in complete
liquidation of a qualified business located in a West Virginia project launchpad for economic
development. This paragraph (A) shall also apply to intangible personal property employed in a trade,
profession or business that is a qualified business in a West Virginia project launchpad for economic
development, but only when transferred in connection with a sale, exchange or other disposition of
all of the assets in complete liquidation of the qualified business located in the West Virginia project
launchpad for economic development.
(B) The exemption from income for gain or loss provided in subparagraphs (i) and (ii) of this
paragraph (B) shall be prorated based on the following:
(i) In the case of gains, less net losses, in this subparagraph (I), the percentage of time, based
on calendar days, the property located in a West Virginia project launchpad for economic
development was held by a resident or nonresident of the West Virginia project launchpad for
economic development during the time period the West Virginia project launchpad for economic
development was in effect in relation to the total time the property was held; and
(ii) In the case of gains, less net losses, in this subparagraph (ii), the percentage of time, based
on calendar days, the property was held by the business while a resident of a West Virginia project
launchpad for economic development in relation to the total time the property was held by the person
or business."
On page sixty-nine, section seventeen, line seventy-one, by striking out "(4)" and inserting
in lieu thereof "(3)".
On page seventy, section seventeen, lines ninety-one through ninety-six, by striking out all
of subdivisions (5) and (6).
And by renumbering the remaining subdivision.
On page seventy-one, section seventeen, line one hundred sixteen, by striking out "(2), (3) and
(4)" and inserting in lieu thereof "(1), (2) and (3)".
On page eighty-nine, section twenty-four, by striking out the section caption and substituting
therefor a new section caption, to read as follows:
"
§5B-2I-24. Local business and occupation taxes and net profits taxes.
On pages eighty-nine and ninety, section twenty-four, lines one through twenty-five, by
striking out all of subsection (a) and inserting in lieu thereof a new subsection, designated subsection
(a), to read as follows:
(a)
General exemption. - A municipal corporation or county commission or county council
that has enacted any tax on the privilege of engaging in any business activity, profession or
occupation, measured by gross receipts or net profits, may impose that tax on persons or qualified
businesses located within the boundaries of an authorized West Virginia project launchpad for
economic development. The municipal corporation or county commission or county council shall
exempt from the imposition or operation of the local tax ordinances, statutes, regulations or
otherwise:
(1) The business gross receipts for operations conducted by a qualified business within an
authorized West Virginia project launchpad for economic development; and
(2) The net profits of a qualified business attributable to business activity conducted within
an authorized West Virginia project launchpad for economic development when imposed by the
qualified political subdivision where that qualified business is located.
No exemption may be granted for operations conducted, for earned income received or for
activities conducted prior to designation of the real property as part of an authorized West Virginia
project launchpad for economic development."
On page ninety-one, section twenty-four, line thirty-three, by striking out all of subdivision
(2).
And,
By renumbering the remaining subdivision.
On page ninety-eight, section thirty-one, line six, by striking out "2019, 2023, 2027 and 2031"
and inserting in lieu thereof "2019 and 2023".
On page one hundred, section thirty-six, line one, by striking out "(a)".
On pages one hundred one and one hundred two, section thirty-six, lines twenty-two through
twenty-eight, by striking out all of subsection (b).
On page one hundred three, section forty-one, line two, by striking out "2030" and inserting
in lieu thereof "2022".
On page one hundred four, section three, lines two and three, by striking out the words "and
improvements to real property".
On page one hundred five, section four, lines two and three, by striking out the words "and
improvements to real property".
On page one hundred five, section four, line ten, by striking out the words "and improvements
to real property".
On page one hundred six, section four, lines twenty and twenty-one, by striking out the words
"and improvements to real property".
On page one hundred six, section four, line twenty-seven, by striking out the words "and
improvements to real property".
On page one hundred nine, section two, line four, by striking out the words "this state" and
inserting in lieu thereof the words "a launchpad established in article two-i, chapter five-b of this
code".
On page one hundred twelve, section five, lines one through four, by striking out all of
subsection (a) and inserting in lieu thereof a new subsection, designated subsection (a), to read as
follows:
"(a)
Requirement. - A qualified company that enters into an agreement must create at least five
new jobs in a launchpad established pursuant to article two-i, chapter five-b of this code, within two
years of entering into the agreement under section eight of this article."
On pages one hundred thirteen and one hundred fourteen, section five, lines twenty-two
through twenty-six, by striking out all of subsection (c) and inserting in lieu thereof a new subsection,
designated subsection (c), to read as follows:
"(c) When the qualified company certifies that it has a student loan payment assistance
program that provides student loan assistance benefits to its West Virginia employees, then the words
'ninety-five percent' shall be substituted for 'seventy-five percent' in subsection (b) of this section."
And,
On page one hundred fourteen, section five, line thirty-six, after the word "article", by
inserting the words "and that the amount of taxes withheld will still be allowed as a credit when the
employee files his or her West Virginia income tax return".
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4343 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-5, §5B-
2I-6, §5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11, §5B-2I-12, §5B-2I-13, §5B-2I-14, §5B-2I-
15, §5B-2I-16, §5B-2I-17, §5B-2I-18, §5B-2I-19, §5B-2I-20, §5B-2I-21, §5B-2I-22, §5B-2I-23, §5B-
2I-24, §5B-2I-25, §5B-2I-26, §5B-2I-27, §5B-2I-28, §5B-2I-29, §5B-2I-30, §5B-2I-31, §5B-2I-32,
§5B-2I-33, §5B-2I-34, §5B-2I-35, §5B-2I-36, §5B-2I-37, §5B-2I-38, §5B-2I-39, §5B-2I-40 and §5B-
2I-41; to amend said code by adding thereto a new article, designated §11-6L-1, §11-6L-2, §11-6L-3,
§11-6L-4, §11-6L-5, §11-6L-6 and §11-6L-7; and to amend said code by adding thereto a new article,
designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6, §11-21A-7, §11-
21A-8, §11-21A-9, §11-21A-10, §11-21A-11, §11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15,
§11-21A-16, §11-21A-17 and §11-21A-18, all relating generally to economic development and job
creation; creating the West Virginia Project Launchpad Act; providing short title; providing
legislative purpose and finding; defining certain terms; providing criteria for establishment of West
Virginia project launchpads by Governor; allowing county commissions and county councils to apply
for launchpad designations; providing for form and content of applications; specifying process for
review of applications and criteria for designating geographic areas as launchpads and for expansion and decertification of launchpads; providing economic benefits for businesses locating or expanding
in launchpads including state and local tax relief and other economic benefits; prohibiting qualified
businesses in a launchpad from employing illegal aliens, engaging in illegal activity or being
delinquent in payment of state and local taxes; permitting transfer of economic benefits to successor
businesses; requiring qualified business to comply with applicable zoning laws and state and local
building and other codes; providing for recapture of taxes and other economic benefits under specified
circumstances; promulgation of rules; imposing civil penalties for noncompliance; providing rules
of application and construction; requiring periodic reports to Governor and Legislature; providing for
severability and expiration; providing a special method for appraising property in launchpad for
economic development; providing short title; defining certain terms; providing method of valuation
of launchpad property; providing for initial determination of value by assessor and for protest and
appeals; requiring periodic reports to Governor and Legislature and specifying effective dates;
creating the Promoting West Virginia Employment Act; providing short title and scope of article;
defining certain terms; providing qualification for benefits; specifying benefits upon application and
review; specifying annual cap on benefits; providing for recapture of benefits; providing for
administration and enforcement of article including issuance of regulations; requiring periodic reports
to Governor and Legislature; and specifying effective dates."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 470), and there were--yeas
90, nays 8, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Cowles, Faircloth, Folk, Gearheart, Householder, Howell, Kump and Overington.
Absent and Not Voting: J. Nelson and Raines.
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. 4343) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 4347, Relating to affirmative defenses against mechanics liens.
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. 4349,
Clarifying retirement dependent child scholarship and burial
benefits under a Qualified Domestic Relations Order
.
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. 4360, Relating to consumer credit protection.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 2. CONSUMER CREDIT PROTECTION.
§46A-2-128. Unfair or unconscionable means.
No debt collector shall may use unfair or unconscionable means to collect or attempt to collect
any claim. Without limiting the general application of the foregoing, the following conduct is deemed
to violate this section:
(a) The seeking or obtaining of any written statement or acknowledgment in any form that
specifies that a consumers obligation is one incurred for necessaries of life where the original
obligation was not in fact incurred for such necessaries;
(b) The seeking or obtaining of any written statement or acknowledgment in any form
containing an affirmation of any obligation by a consumer who has been declared bankrupt, without
clearly disclosing the nature and consequences of such affirmation and the fact that the consumer is
not legally obligated to make such affirmation;
(c) The collection or the attempt to collect from the consumer all or any part of the debt
collectors fee or charge for services rendered: Provided, That attorneys fees, court costs and other
reasonable collection costs and charges necessary for the collection of any amount due upon
delinquent educational loans made by any institution of higher education within this state may be
recovered when the terms of the obligation so provide. Recovery of attorneys fees and collection
costs may not exceed thirty-three and one-third percent of the amount due and owing to any such
institution: Provided, however, That nothing contained in this subsection shall be construed to limit
or prohibit any institution of higher education from paying additional attorney fees and collection
costs as long as such additional attorney fees and collection costs do not exceed an amount equal to
five percent of the amount of the debt actually recovered and such additional attorney fees and
collection costs are deducted or paid from the amount of the debt recovered for the institution or paid
from other funds available to the institution;
(d) The collection of or the attempt to collect any interest or other charge, fee or expense
incidental to the principal obligation unless such interest or incidental fee, charge or expense is
expressly authorized by the agreement creating the obligation and by statute; and
(e) Any communication with a consumer whenever it appears that the consumer is represented
by an attorney and the attorneys name and address are known, or could be easily ascertained, unless
the attorney fails to answer correspondence, return phone calls or discuss the obligation in question
or unless the attorney consents to direct communication; and
_____(f) When the debt is beyond the statute of limitations for filing a legal action for collection,
failing to provide the following disclosure informing the consumer in its initial written
communication with such consumer that:
_____(1) When collecting on a debt that is not past the date for obsolescence provided for in Section
605(a) of the Fair Credit Reporting Act, 15 U. S. C. 1681c: The law limits how long you can be sued
on a debt. Because of the age of your debt, (INSERT OWNER NAME) cannot sue you for it. If you
do not pay the debt, (INSERT OWNER NAME) may report or continue to report it to the credit
reporting agencies as unpaid; and
_____(2) When collecting on debt that is past the date for obsolescence provided for in Section
605(a) of the Fair Credit Reporting Act, 15 U. S. C. 1681c: The law limits how long you can be sued
on a debt. Because of the age of your debt, (INSERT OWNER NAME) cannot sue you for it and
(INSERT OWNER NAME) cannot report it to any credit reporting agencies."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4360 - "A Bill to amend and reenact §46A-2-128 of the Code of West
Virginia, 1931, as amended, relating to consumer credit protection generally; and including additional
conduct that constitutes unfair or unconscionable conduct when collecting or attempting to collect
a debt."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 471), 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: J. Nelson and Raines.
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. 4360) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of
the House of Delegates as follows:
H. B. 4432, Adopting Principle Based Reserving as the method by which life insurance
company reserves are calculated.
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. 4480, Relating to investment of the Acid Mine Drainage Fund.
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. 4560, Relating to reimbursement for copies of medical records.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 29. HEALTH CARE RECORDS.
§16-29-1. Copies of health care records to be furnished to patients.
(a) Any licensed, certified or registered health care provider so licensed, certified or registered
under the laws of this state shall, upon the written request of a patient, his or her authorized agent or
authorized representative, within a reasonable time, furnish a copy, as requested in the form of a paper
copy or, if requested and if the provider routinely stores records electronically and has the ability to
so provide, a copy in an electronic format including, but not limited to, a copy saved upon a computer
disc, an electronically mailed copy or a copy saved upon a portable memory device of all or a portion
of the patients record to the patient, his or her authorized agent or authorized representative subject
to the following exceptions:
(a) (1) In the case of a patient receiving treatment for psychiatric or psychological problems,
a summary of the record shall be made available to the patient, his or her authorized agent or
authorized representative following termination of the treatment program.
(2) The furnishing of a copy, as requested, of the reports of X-ray examinations,
electrocardiograms and other diagnostic procedures shall be deemed to comply with the provisions
of this article.
(b) Nothing in this article shall be construed to require a health care provider responsible for
diagnosis, treatment or administering health care services in the case of minors for birth control,
prenatal care, drug rehabilitation or related services or venereal disease according to any provision
of this code, to release patient records of such diagnosis, treatment or provision of health care as aforesaid to a parent or guardian, without prior written consent therefor from the patient, nor shall
anything in this article be construed to apply to persons regulated under the provisions of chapter
eighteen of this code or the rules and regulations established thereunder.
(c) The furnishing of a copy, as requested, of the reports of X-ray examinations,
electrocardiograms and other diagnostic procedures shall be deemed to comply with the provisions
of this article: Provided, That original radiological study film from a radiological exam conducted
pursuant to a request from a patient or patients representative shall be provided to the patient or
patients representative upon written request and payment for the exam. The health care provider shall
not be required to interpret or retain copies of the film and shall be immune from liability resulting
from any action relating to the absence of the original radiological film from the patients record.
(d) (c) This article shall does not apply to records subpoenaed or otherwise requested through
court process.
(e) (d) The provisions of this article may be enforced by a patient, authorized agent or
authorized representative, and any health care provider found to be in violation of this article shall
pay any attorney fees and costs, including court costs incurred in the course of such enforcement.
(f) (e) Nothing in this article shall be construed to apply to health care records maintained by
health care providers governed by the AIDS-related Medical Testing and Records Confidentiality Act
under the provisions of article three-c of this chapter.
§16-29-2. Reasonable expenses to be reimbursed.
(a) The provider shall be reimbursed by the person requesting in writing a copy of the records
at the time of delivery for all reasonable expenses incurred in complying with this article: Provided,
That the cost may not exceed $0.75 per page for the copying of any record or records which have
already been reduced to written form and a search fee may not exceed $10: A person requesting
records from a provider shall place the request in writing and pay a reasonable, cost-based fee, at the
time of delivery. Notwithstanding any other section of the code or rule, the fee shall be based on the
providers cost of: (1) Labor for copying the requested records if in paper, or for placing the records
in electronic media; (2)Supplies for creating the paper copy or electronic media; and
_____(3) Postage if the person requested that the records be mailed.
_____If a person requests or agrees to an explanation or summary of the records, the provider may
charge a reasonable cost-based fee for the labor cost if preparing the explanation or the summary; for
the supplies for creating the explanation or summary; and for the cost of postage, if the person
requested that the records be mailed. If the records are stored with a third party or a third party
responds to the request for records in paper or electronic media, the provider may charge additionally
for the actual charges incurred from the third party.
_____(b) The labor for copying under this section shall be twenty two dollars and fifty cents per
hour and shall be adjusted to reflect the consumer price index for medical care services such that the
base amount and the per page charge shall be increased by the proportional consumer price index in
effects as of October of the calendar year in which the request was made, rounded to the nearest
dollar.
_____(b) (c) Notwithstanding the provisions of subsection (a) of this section, a provider shall not
impose a charge on an indigent person or his or her authorized representative if the medical records
are necessary for the purpose of supporting a claim or appeal under any provisions of the Social
Security Act, 42 U.S.C. §301 et seq. For purposes of this section, a person is considered indigent if
he or she:
(1) Is represented by an organization or affiliated pro bono program that provides legal
assistance to indigents; or
(2) Verifies on a medical records request and release form that the records are requested for
purposes of supporting a Social Security claim or appeal and submits with the release form reasonable
proof that the person is financially unable to pay full copying charges by reason of unemployment,
disability, income below the federal poverty level, or receipt of state or federal income assistance.
(d) (e) Any person requesting free copies of written medical records pursuant to the provisions
of subsection (b) of this section is limited to one set of copies per provider. Any additional requests
for the same records from the same provider shall be subject to the fee provisions of subsection (a)."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 472), and there were--yeas
88, nays 10, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes, Ashley, Folk, Hamilton, Howell, Iaquinta, E. Nelson, Pasdon, Storch and
Sumner.
Absent and Not Voting: J. Nelson and Raines.
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. 4560) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of
the House of Delegates as follows:
Com. Sub. for H. B. 4608, Defining dyslexia and dyscalculia.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with
amendment, and the passage, as amended, of
Com. Sub. for S. B. 373, Relating to water resources protection.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendment to the House of Delegates amendment was reported by the
Clerk:
On page forty, section three, subdivision (1), after the word "chapter" and the period, by
inserting "Notwithstanding any other provision of this code to the contrary, swimming pools are not
subject to any provision of this article or article thirty-one of this chapter."
And,
On page eighty-one, section four, subsection (f), after the word "code", by deleting the colon
and inserting a period, and by striking out the remainder of the subsection.
And,
By amending the title of the bill to read as follows:
Com. Sub. for S. B. 373 - "A Bill to amend and reenact §16-1-2 and §16-1-9a of the Code
of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections,
designated §16-1-9c, §16-1-9d and §16-1-9e; to amend and reenact §22-26-2, §22-26-3, §22-26-5,
§22-26-6, §22-26-7 and §22-26-8 of said code; to amend said code by adding thereto a new article,
designated §22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8,
§22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16,
§22-30-17, §22-30-18, §22-30-19, §22-30-20, §22-30-21, §22-30-22, §22-30-23, §22-30-24, and
§22-30-25; and to amend said code by adding thereto a new article, designated §22-31-1, §22-31-2,
§22-31-3, §22-31-4, §22-31-5, §22-31-6, §22-31-7, §22-31-8, §22-31-9, §22-31-10, §22-31-11 and
§22-31-12; and to amend said code all by adding thereto a new article, designated §24-2G-1 and §24-
2G-2, all relating to the protection of water resources and public health generally; defining terms
generally; providing for rulemaking generally; providing for civil and criminal penalties generally;
providing for the regulation of the public water systems by the Commissioner of the Bureau for Public
Health; providing for entry into and evaluations of water systems; authorizing commissioner to seek
injunctive relief; requiring source water protection plans; specifying contents of plan; requiring
assessment and monitoring of plans; requiring Bureau of Public Health to coordinate the conduct of
a long-term medical study; continuing wellhead and source water protection grant program;
continuing grant fund to provide water source protection; revising the Water Resources Protection
and Management Act; modifying registration requirements; requiring reports to the Secretary of the
Department of Environmental Protection; requiring reports by secretary to legislative entities;
requiring continuation of matching funds for stream-gauging network; modifying duties of legislative
commission; requiring water resources survey and registry; requiring information drilling contractors
for water systems; adopting state water resources management plan; requiring reports from certain
water users; establishing the Aboveground Storage Tank Act; requiring the secretary to compile
inventory of aboveground storage tanks in the state; requiring registration; authorizing certain fees;
requiring secretary to develop regulatory program for the tanks; providing minimum factors to be
included in program; requiring annual inspection and certification of the tanks; requiring evidence
of financial security; requiring corrective action and plans; requiring spill prevention response plans; requiring notice of inventory of tanks to local water systems and governments; requiring the posting
of signs at the tanks; creating an administrative fund; creating the Protect Our Water Fund;
authorizing public access to certain information; authorizing inspections, monitoring and testing by
secretary; authorizing secretary to issue administrative orders and seek injunctive relief; allowing
appeals to environmental quality board; prohibiting duplicative enforcement; requiring secretary to
report to legislative entities; requiring interagency coordination; establishing duties of secretary upon
imminent and substantial danger; providing additional duties and powers of secretary generally;
providing certain exemptions; creating the public water supply protection act; requiring inventories
of sources of certain contaminants in the zones of critical concern of certain public water systems;
requiring registration and permits; authorizing inspections, monitoring and testing by secretary;
requiring individual NPDES permits in certain circumstances; authorizing secretary to require
NPDES permits in certain circumstances; creating public water system supply study commission;
membership of study commission; scope of study; establishing reporting requirements; requiring the
establishment of advance warning, testing and monitoring at certain water utilities; requiring certain
information be filed with the Public Water Commission; and requiring utility to report back to
Legislature if technology is infeasible."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment
to the House amendment.
The bill, as amended by the House and further amended by the Senate, was then put upon its
passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 473), 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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 373) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 507, Relating to Board of Barbers and Cosmetologists.
On motion of Delegate White, the House of Delegates receded from its amendments.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 474),
and there were--yeas 90, nays 5, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Cowles, Householder, Howell, Kump and Lane.
Absent and Not Voting: Andes, Craig, J. Nelson, Raines and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 507) passed.
Delegate White moved that the bill take effect July 1, 2014.
On this question, the yeas and nays were taken (Roll No. 475), and there were--yeas 91, nays
4, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Gearheart, Householder, Howell and Kump.
Absent and Not Voting: Andes, Craig, J. Nelson, Raines and Walters.
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. 507) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates
and the passage, as amended, to take effect from passage, of
Com. Sub. for S. B. 133, Authorizing DEP promulgate legislative rules,
Com. Sub. for S. B. 155, Authorizing DHHR promulgate legislative rules
,
Com. Sub. for S. B. 167, Authorizing Department of Revenue promulgate legislative rules,
Com. Sub. for S. B. 181, Authorizing Department of Administration promulgate legislative
rules,
And,
Com. Sub. for S. B. 574, Clarifying mobile home permanently attached to real estate is not
personal property under certain conditions.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates
and the passage, as amended, of
Com. Sub. for S. B. 397, Expanding scope of activities considered financial exploitation of
elderly,
Com. Sub. for S. B. 427, Relating to motor vehicle insurance,
Com. Sub. for S. B. 434, Eliminating revocation period for certain DUI offenders,
Com. Sub. for S. B. 523, Providing for additional state veterans skilled nursing facility in
Beckley,
And,
Com. Sub. for S. B. 579, Creating Land Reuse Agency Authorization Act.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates
and the passage, as amended, to take effect July 1, 2014, of
Com. Sub. for S. B. 376, Requiring certain construction workers complete OSHA safety
program,
Com. Sub. for S. B. 414, Redirecting nonprobate appraisement filings,
And,
Com. Sub. for S. B. 579, Creating Land Reuse Agency Authorization Act.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with
amendment, and the passage, as amended, of
Com. Sub. for S. B. 623, Requiring notification of certain substance abuse screening of mine
personnel.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendment to the House of Delegates amendment was reported by the
Clerk:
On page five, section one, subsection (c), subdivision (4), after the words "upheld in
arbitration", by changing the period to a colon and inserting the following proviso: "Provided,
however, That if the certified person terminates his or her employment or voluntarily removes himself
or herself from the grievance or arbitration procedure, the certified person may be immediately
temporarily decertified pursuant to this article."
* On motion of Delegate White, the House of Delegates concurred in the Senate amendment
to the House amendment.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 476),
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 623) passed.
Delegate White 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 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent and Not Voting: J. Nelson and Raines.
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. 623) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Conference Committee Report
Delegate Perdue, from the Committee of Conference on matters of disagreement between the
two houses, as to
Com. Sub. for H. B. 4208, Banning synthetic hallucinogens.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the Senate to Engrossed Committee Substitute for House Bill No. 4208 having met,
after full and free conference, have agreed to recommend and do recommend to their respective
houses, as follows:
On page thirty-three, line eleven, by striking out subdivision (6) in its entirety.
And,
On page thirty-five, line twenty-four, by restoring subdivisions (3) and (4) and the following
underscored language to read as follows:
"(3) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or
not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline
alkaloid of opium:
Provided, That a prescription for this may not be filled for more than a one month
supply or filled or refilled more than three moths after the date of the original prescription. Such
prescription may not be refilled more than twice;
(4) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) per 100 milliliters or
not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts:
Provided, That a prescription for this product may not be filled for
more than a one month supply or filled or refilled more than three moths after the date of the original
prescription. Such prescription may not be refilled more than twice"followed by a semi-colon.
And,
By amending the title to read as follows:
Com. Sub. for H. B. 4208 - "A Bill to amend and reenact §60A-1-101 of the Code of West
Virginia, 1931, as amended; to amend and reenact §60A-2-204; §60A-2-206, §60A-2-208,
§60A-2-210 and §60A-2-212 of said code; and to amend and reenact §60A-3-308 of said code, all
relating generally to controlled substances; modifying the lists of scheduled controlled drugs; limiting
the refills of hydrocodone in schedule III; making tramadol hydrochloride a schedule IV controlled
substance; adding certain synthetic drugs to the list of scheduled controlled substances; modifying
and including definitions; and modifying manner in which buprenorphine and naloxone may be
prescribed."
Respectfully submitted,
Don Perdue, Ron Stollings,
Meshea Poore, Don Cookman,
Joe Ellington,David Nohe,
Conferees on the partConferees on the part of
of the House of Delegates.the Senate.
On motion of Delegate Perdue, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 478), and there were--yeas
89, nays 5, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Kump, Lynch, R. Smith, Staggers and Walters.
Absent and Not Voting: Cadle, Householder, Moore, J. Nelson, Raines and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4208) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Fleischauer, from the Committee of Conference on matters of disagreement between
the two houses, as to
Com. Sub. for H. B. 4236, Sexual assault nurse examination network.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the Senate to Com. Sub. for H. B. 4236 having met, after full and free conference,
have agreed to recommend and do recommend to their respective houses, as follows:
"
ARTICLE 9B. SEXUAL ASSAULT EXAMINATION NETWORK.
§15-9B-1. Sexual Assault Forensic Examination Commission.
(a) There is created within The Governors Committee on Crime, Delinquency and Correction
the Sexual Assault Forensic Examination Commission. The purpose of the commission is to establish, manage and monitor a statewide system to facilitate the timely and efficient collection of
forensic evidence in sexual assault cases.
(b) The commission shall be chaired by the director of the Division of Justice and Community
Service. Membership on the commission shall consist of the following:
(1) A representative chosen from the membership of the West Virginia Prosecuting Attorneys
Association;
(2) A representative chosen from the membership of the West Virginia Association of
Counties;
(3) The Commissioner of the Bureau of Public Health, or his or her designee;
(4) A representative from the State Police Crime Laboratory;
(5) A representative from the membership of the West Virginia Child Advocacy Network;
(6) The President of the West Virginia Hospital Association, or his or her designee;
(7) A representative from the membership of the West Virginia Foundation for Rape and
Information Services;
(8) A representative of the West Virginia University Forensic and Investigative Sciences
Program; and
(9) A representative of the Marshall University Forensic Science Center.
If any of the representative organizations cease to exist, the director may select a person from
a similar organization.
The director may appoint the following additional members of the commission, as needed:
(1) An emergency room physician;
(2) A victim advocate from a rape crisis center;
(3) A sexual assault nurse examiner;
(4) A law-enforcement officer with experience in sexual assault investigations;
(5) A health care provider with pediatric and child abuse expertise; and
(6) A director of a child advocacy center.
(c) The commission shall establish mandatory statewide protocols for conducting sexual
assault forensic examinations, including designating locations and providers to perform forensic examinations, establishing minimum qualifications and procedures for performing forensic
examinations and establishing protocols to assure the proper collection of evidence.
(d) As used in this article, the word commission means the Sexual Assault Forensic
Examination Commission.
§15-9B-2. Powers and duties of the commission.
(a) The commission shall facilitate the recruitment and retention of qualified health care
providers that are properly qualified to conduct forensic examinations. The commission shall work
with county and regional officials to identify areas of greatest need and develop and implement
recruitment and retention programs to help facilitate the effective collection of evidence.
(b) The commission shall authorize minimum training requirements for providers conducting
exams and establish a basic standard of care for victims of sexual assault. The commission may adopt
necessary and reasonable requirements relating to establishment of a statewide training and forensic
examination system, including, but not limited to, developing a data collection system to monitor
adherence to established standards, assisting exam providers receive training and support services,
advocating the fair and reasonable reimbursement to exam providers and to facilitate transportation
services for victims to get to and from designated exam locations.
(c) The commission shall approve local plans for each area of the state on a county or regional
basis. If the commission deems necessary, it may add or remove a county or portion thereof from a
region to assure that all areas of the state are included in an appropriate local plan. Upon the failure
of any county or local region to propose a plan, the commission may implement a plan for that county
or region.
(d) Once a plan is approved by the commission, it can only be amended or otherwise altered
as provided the rules authorized pursuant to subsection (e) of this section. Designated facilities and
organizations providing services shall give the commission thirty days advance notice of their intent
to withdraw from the plan. If there is a change of circumstances, that would require a change in a
county or regional plan, the members of the local board and the state commission shall be notified.
(e) The commission may propose rules for legislative approval, in accordance with article
three, chapter twenty-nine-a of this code, necessary to implement this article.
§15-9B-3. Local Sexual Assault Forensic Examination Boards.
_____Each county prosecutor, or his or her designee, shall convene a Sexual Assault Forensic
Examination Board, or may as an alternative, convene and chair the sexual assault response team in
the county to act as the Sexual Assault Forensic Examination Board. If a regional board is authorized,
all county prosecutors from the designated area shall be members of the board. The prosecutors shall
assure that each board be proportionally representative of the designated region. Each board may
vary in membership, but should include representatives from local health care facilities, local law
enforcement, multidisciplinary investigative teams, county and municipal governments and victims
advocates. Each county or regional board shall develop a local plan and protocols for the area, which
will address, at a minimum, the following:
_____(1) Identify facilities that are appropriate for receipt and treatment of sexual assault victims;
_____(2) Evaluate the needs and available resources of the area, including the number of qualified
physicians or nurses, or both, to facilitate and encourage twenty-four hour, seven day a week
coverage;
_____(3) If availability of services are limited, or the remoteness of the region causes lack of
adequate examination facilities or personnel, the local boards may designate local government or
other resources to provide appropriate transport of victims to facilities where the victim can receive
a timely and appropriate forensic examination; and
_____(4) Develop an alternative plan in case there is a change in circumstances to ensure continuity
of service.
Respectfully submitted,
Barbara Evans Fleischauer,Art Kirkendoll,
Stephen Skinner, Donald Cookman,
John Ellem,Mitch Carmichael,
Conferees on the partConferees on the part of
of the House of Delegates.the Senate.
On motion of Delegate Fleishchauer, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4236) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Lawrence from the Committee of Conference on matters of disagreement between
the two houses as to
H. B. 4619, Authorizing innovation school districts.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the Senate
amendment to H. B. 4619, Authorizing innovation school districts, after full and free conference, have
agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendment of the Senate and
agree to the same as follows:
On page four, section three, lines forty-eight through fifty- six, by striking out all of subsection
(d) and inserting in lieu thereof a new subsection, designated subsection (d), to read as follows:
(d) When designating innovation zones under these provisions following the amendment and
reenactment of this section by the Legislature at its regular session 2014, and for each of the four
succeeding school years, the state board shall establish a priority for applications that include the
establishment of entrepreneurship education programs as a curricular offering for students. To qualify
under this priority, the program strategy must include the active involvement of one or more partners
from the business community in program delivery. Nothing in this subsection requires the state board
to designate all applicants that include the establishment of entrepreneurship education programs as
innovation zones, or to exclude other qualified applicants for innovations in other areas from
designation.
On page nine, section thirteen, lines eighty through eighty-eight, by striking out all of
subsection (c) and inserting in lieu thereof a new subsection, designated subsection (c), to read as
follows:
(c) School System Eligibility:
All county boards are eligible to apply for designation as an innovation school district:
Provided, That a district that has expended funds or incurred obligations in violation of section
twenty-six, article eight, chapter eleven of this code is not eligible to apply for designation as an
innovation school district, unless otherwise determined by the state board. The applications shall be
taken in four categories: Sparse Density County; Low Density County; Medium Density County; and
High Density County, as those terms are defined in section two, article nine-a of this chapter. The
state board is authorized to designate no more than one county from each category as an innovation
school district beginning July 1, 2015: Provided, That the State Board, after July 1, 2016, may
designate one additional county from each category as an innovation school district as long as the
number of counties designated at any one time does not exceed two counties from each category as
innovation school districts, subject to other considerations included herein. The designation of
counties as innovation school districts shall be on a competitive basis.
On page ten, section thirteen, line one hundred five, by striking out the word "two" and
inserting in lieu thereof the words "number allowed by subsection (c) of this section".
On page ten, section thirteen, line one hundred eight, by striking out the word "two" and
inserting in lieu thereof the words "number allowed by subsection (c) of this section".
On page sixteen, section thirteen, line two hundred nineteen, by striking out the word
"hearings" and inserting in lieu thereof the words "town hall meetings".
On page sixteen, section thirteen, line two hundred nineteen, by striking out "(2)" and
inserting in lieu thereof "(4)".
On page twenty, section thirteen, line three hundred thirteen, by striking out the word "thirty"
and inserting in lieu thereof the word "sixty".
On page twenty-three, section thirteen, line three hundred fifty-seven, by striking out "(l)" and
inserting in lieu thereof "(i)".
On page twenty-three, section thirteen, line three hundred seventy-six, by striking out "(m)"
and inserting in lieu thereof "(j)".
On page twenty-four, section thirteen, line three hundred eighty-two, by striking out "(o)" and
inserting in lieu thereof "(k)".
And,
That both houses recede from their positions as to the title of the bill and agree to the same
as follows:
H. B. 4619 - "A Bill to amend and reenact §18-5B-3 of the Code of West Virginia, 1931, as
amended; and to further amend said code by adding thereto a new section, designated §18-5B-13, all
relating to School Innovation Zones Act; providing limited priority for limited years for certain
entrepreneurship education innovation zones; authorizing innovation school districts; making
legislative findings and providing intent and purpose of section; school system eligibility and
application categories; providing for application process, review, content and periods; innovation
school district plan purpose and content; plan development, approval and submission to state board;
state board designation of innovation school districts; affect of designation and process for waiver of
statutes, policies, rules and interpretations; limitation on waivers; revision and extension of plans;
revocation of designation; affect of plan expiration on innovations; requiring state board rule; and
annual review."
Respectfully submitted,
Tiffany Lawrence,Erik Wells,
Adam Young, Robert D. Beach,
Roy Cooper,Evan H. Jenkins,
Conferees on the partConferees on the part of
of the House of Delegates.the Senate.
On motion of Delegate Fleischauer, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
On the passage of the bill, 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: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4916) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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. 4455, Relating to the sale of wine and alcoholic liquors by licensed
wineries, farm wineries, distilleries and mini-distilleries.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page three, section three-a, line twenty-two, by striking out the word "eleven" and
inserting in lieu thereof the word "ten".
On motion of Delegate White, the House of Delegates refused to concur in the Senate
amendment and requested the Senate to recede therefrom.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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:
H. B. 4588, Protecting unborn children who are capable of experiencing pain by prohibiting
abortion after twenty weeks.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5 and §16-2M-6, all to read
as follows:
ARTICLE 2M. THE PAIN-CAPABLE FETUS PROTECTION ACT.
§16-2M-1. Findings.
The Legislature finds that there is substantial medical evidence that a fetus is capable of
experiencing pain by twenty weeks after fertilization.
§16-2M-2. Definitions.
For purposes of this article, the following words and phrases have the following meanings:
(1) Attempt to perform or induce an abortion means an act or an omission of a statutorily
required act that, under the circumstances as the person believes them to be, constitutes a substantial
step in a course of conduct planned to culminate in the performance or induction of an abortion in this
state in violation of the applicable provisions of this code.
(2) Fertilization means the fusion of a human spermatozoon with a human ovum.
(3) Fetus means the developing young in the uterus, specifically the unborn offspring in the
postembryonic period from nine weeks after fertilization until birth.
(4) Medical emergency means a condition that, on the basis of a reasonably prudent physicians
reasonable medical judgment, so complicates the medical condition of a pregnant female that it
necessitates the immediate abortion of her pregnancy without first determining post-fertilization age
to avert her death or for which the delay necessary to determine post-fertilization age will create
serious risk of substantial and irreversible physical impairment of a major bodily function.
(5) Non-medically viable fetus means a fetus that contains sufficient fetal anomalies so as to
render the fetus medically futile or incompatible with life outside the womb in the reasonable medical
judgment of a reasonably prudent physician.
(6) Physician means a person with an unlimited license to practice allopathic medicine
pursuant to article three of chapter thirty of this code or osteopathic medicine pursuant fourteen of
chapter thirty of this code.
(7) Post-fertilization age means the age of the fetus as calculated from the fertilization of the
human ovum.
(8) Probable post-fertilization age of the fetus means, in reasonable medical judgment and
with reasonable probability, the post-fertilization age of the fetus at the time an abortion is planned
to be performed.
(9) Reasonable medical judgment means a medical judgment that would be made by a
reasonably prudent physician, knowledgeable about the case and the treatment possibilities with
respect to the medical conditions involved.
§16-2M-3. Determination of post-fertilization age.
Except in the case of a medical emergency or a non-medically viable fetus, no abortion may
be performed or induced or be attempted to be performed or induced unless the physician performing
or inducing it has first made a determination of the probable post-fertilization age of the fetus or relied
upon such a determination made by another physician. In making this determination, the physician
shall make such inquiries of the patient and perform or cause to be performed medical examinations
and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions
involved, would consider necessary to perform in making an accurate diagnosis with respect to post-
fertilization age.
§16-2M-4. Abortion of fetus of twenty or more weeks post-fertilization age prohibited.
(a) No person may perform or induce, or attempt to perform or induce, an abortion upon a
female when it has been determined, by the physician performing or inducing or attempting to
perform or induce the abortion or by another physician upon whose determination that physician
relies, that the probable post-fertilization age of the fetus is twenty or more weeks, unless in the
reasonable medical judgment of a reasonably prudent physician there exists a non-medically viable
fetus or the patient has a condition that, on the basis of a reasonably prudent physicians reasonable
medical judgment, so complicates her medical condition as to necessitate the abortion of her
pregnancy to avert her death or to avert serious risk of substantial and irreversible physical
impairment of a major bodily function.
(b) When an abortion upon a patient whose fetus has been determined to have a probable post-
fertilization age of twenty or more weeks is not prohibited by subsection (a) of this section, the
physician shall terminate the pregnancy in the manner which, in reasonable medical judgment,
provides the best opportunity for the fetus to survive, unless, in reasonable medical judgment,
termination of the pregnancy in that manner would pose a greater risk either of the death of the patient
or of the substantial and irreversible physical impairment of a major bodily function of the patient
than would other available methods.
§16-2M-5. Reporting.
(a) Any physician who performs or induces an abortion shall report to the Bureau for Public
Health. The reporting shall be on a schedule and on forms set forth by the Secretary of the
Department of Health and Human Resources no later than December 31, 2014. The reports shall
include the following information:
(1) Post-fertilization age:
(A) If a determination of probable post-fertilization age was made, whether ultrasound was
employed in making the determination, and the week of probable post-fertilization age determined.
(B) If a determination of probable post-fertilization age was not made, the basis of the
determination that a medical emergency existed or that there existed a non-medically viable fetus.
(2) Method of abortion;
(3) If the probable post-fertilization age was determined to be twenty or more weeks, the basis
of the determination that there existed a non-medically viable fetus or that the patient had a condition
which so complicated the medical condition of the patient that it necessitated the abortion of her
pregnancy in order to avert her death or avert a serious risk of substantial and irreversible physical
impairment of a major bodily function; and
(4) If the probable post-fertilization age was determined to be twenty or more weeks, whether
the method of abortion used was one that, in reasonable medical judgment, provided the best
opportunity for the fetus to survive and, if such a method was not used, the basis of the determination
that termination of the pregnancy in that manner would pose a greater risk either of the death of the patient or of the substantial and irreversible physical impairment of a major bodily function of the
patient than would other available methods.
(b) Reports required by subsection (a) of this section may not contain the name or the address
of the patient whose pregnancy was terminated nor may the report contain any information identifying
the patient. These reports shall be maintained in strict confidence by the department, may not be
available for public inspection, and may not be made available except pursuant to court order.
(c) Beginning June 30, 2016, and annually thereafter, the Department of Health and Human
Resources shall issue a public report providing statistics for the previous calendar year compiled from
all of the reports covering that year submitted in accordance with this section for each of the items
listed in subsection (a) of this section. Each report shall provide the statistics for all previous calendar
years from the effective date of this section, adjusted to reflect any additional information from late
or corrected reports. The Department of Health and Human Resources shall take care to ensure that
none of the information included in the public reports could reasonably lead to the identification of
any patient upon whom an abortion was performed or induced.
§16-2M-6. Penalties.
(a) Any person who intentionally or recklessly performs or induces an abortion in violation
of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined up to $4,000.
(b) No penalty may be assessed against any patient upon whom an abortion is performed or
induced or attempted to be performed or induced."
And by amending the title of the bill to read as follows:
H. B. 4588 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5 and §16-2M-
6, all relating to prohibiting certain abortions; stating legislative findings; defining terms; requiring
a calculation of post-fertilization age before an abortion is performed or attempted, except in certain
cases; prohibiting abortions when the post-fertilization age of the fetus is twenty weeks or more
regardless of whether the fetus has reached the point of viability; creating certain exceptions to that
prohibition; requiring a physician performing an abortion of a fetus that has a post-fertilization age
of twenty weeks or more to use the process most likely to allow the fetus to survive, with certain exceptions; requiring reporting of all completed abortions and that the reports contain certain
information regarding the abortion; requiring an annual public report that provides statistics of the
abortions while keeping the identities of the persons involved confidential; creating a misdemeanor
offense for a physician who intentionally and recklessly performs or induces an abortion in violation
of this article; providing up to $4,000 fine upon conviction; and clarifying that no penalty may be
assessed against a patient."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
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. 481),
and there were--yeas 83, nays 15, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Barrett, Caputo, Guthrie, Hunt, Lawrence, Manypenny, Moore, Morgan, Perdue,
Pethtel, M. Poling, Poore, Skinner, Sponaugle and Wells.
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4588) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to concur in the amendment
of the House of Delegates and requested the House to recede from its amendment to
Com. Sub. for S. B. 306, Budget Bill.
On motion of Delegate White, the House of Delegates refused to recede from its amendment
and requested the Senate to agree to the appointment of a Committee of Conference of seven from
each house on the disagreeing votes of the two houses.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Boggs, Reynolds, Williams, Perdue, Anderson, A. Evans and Canterbury.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 10:43 p.m., on motion of Delegate White, the House of Delegates recessed for twenty
minutes, and reconvened at that time.
Delegate Westfall asked and obtained unanimous consent that the remarks of Delegate
McCuskey regarding Delegate Raines be printed in the Appendix to the Journal.
Messages from the Senate
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. 4411, Allowing the disposal of drill cuttings and associated drilling
waste generated from well sites in commercial solid waste facilities.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-8. Limit on the size of solid waste facilities; rulemaking.
(a) On and after October 1, 1991, it is unlawful to operate any commercial solid waste facility
that handles between ten thousand and thirty thousand tons of solid waste per month, except as
provided in section nine of this article and sections twenty-six, twenty-seven and twenty-eight, articles
four and four-a, chapter twenty-two-c of this code.
(b) Except as provided in section nine of this article, the maximum quantity of solid waste
which may lawfully be received or disposed of at any commercial solid waste facility is thirty
thousand tons per month.
(c) The
director secretary shall, within the limits contained in this article, place a limit on the
amount of solid waste received or disposed of per month in commercial solid waste facilities. The
director secretary shall consider at a minimum the following criteria in determining a commercial
solid waste facility's monthly tonnage limit:
(1) The proximity and potential impact of the solid waste facility upon groundwater, surface
water and potable water;
(2) The projected life and design capacity of the solid waste facility;
(3) The available air space, lined acreage, equipment type and size, adequate personnel and
wastewater treatment capabilities; and
(4) Other factors related to the environmentally safe and efficient disposal of solid waste.
(d) Within the limits established in this article, the
director secretary shall determine the
amount of sewage sludge which may be safely treated, stored, processed, composted, dumped or
placed in a solid waste facility.
(e) The
director secretary shall promulgate emergency rules and propose for legislative
promulgation, legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this
code, to effectuate the requirements of this section. When developing the rules, the
director secretary
shall consider at a minimum the potential impact of the treatment, storage, processing, composting,
dumping or placing sewage sludge at a solid waste facility:
(1) On the groundwater, surface waters and potable waters in the area;
(2) On the air quality in the area;
(3) On the projected life and design capacity of the solid waste facility;
(4) On the available air space, lined acreage, equipment type and size, personnel and
wastewater treatment capabilities;
(5) The facility's ability to adequately develop markets and market the product which results
from the proper treatment of sewage sludge; and
(6) Other factors related to the environmentally safe and efficient treatment, storage,
processing, composting, dumping or placing of sewage sludge at a solid waste facility.
(f) Sewage sludge disposed of at a landfill must contain at least twenty percent solid by
weight. This requirement may be met by adding or blending sand, sawdust, lime, leaves, soil or other
materials that have been approved by the
director secretary prior to disposal. Alternative sewage sludge disposal methods can be utilized upon obtaining written approval from the
director secretary.
No facility may accept for land filling in any month sewage sludge in excess of twenty-five percent
of the total tons of solid waste accepted at the facility for land filling in the preceding month.
(g) Notwithstanding any other provision of this code to the contrary, a commercial solid waste
facility that is not located in a county in a karst region as determined by the West Virginia Geologic
and Economic Survey may lawfully receive drill cuttings and drilling waste generated from horizontal
well sites above the monthly tonnage limits of the commercial solid waste facility under the following
conditions and limitations:
_____(1)(A) The drill cuttings and associated drilling waste are placed in a separate cell dedicated
solely to the disposal of drill cuttings and drilling waste; and
_____(B) The separate cell dedicated to drill cuttings and associated drilling waste is constructed
pursuant to the standards set out in this article and Legislative rules promulgated thereunder; and
_____(C) The facility has obtained any certificate of need, or amended certificate of need,
authorizing such separate cell as may be required by the public service commission in accordance
with section one-c, article two, chapter twenty-four of this code.
_____(2) The secretary may only allow those solid waste facilities that applied by December 31,
2013 for a permit modification to construct a separate cell for drill cuttings and associated drilling
waste, to accept drill cuttings and associated drilling waste at its commercial solid waste facility
without counting the deposited drill cuttings and associated drilling waste towards the landfill's
permitted monthly tonnage limits, until September 30, 2014.
_____(3) No solid waste facility may exclude or refuse to take municipal solid waste in the quantity
up to and including its permitted tonnage limit while the facility is allowed to lawfully receive drill
cuttings or drilling waste above its permitted tonnage limits.
_____(h) Any solid waste facility taking drill cuttings and drilling waste must install radiation
monitors by January 1, 2015. The secretary shall promulgate emergency and legislative rules to
establish limits for unique toxins associated with drill cuttings and drilling waste including, but not
limited to heavy metals, petroleum-related chemicals, (benezene, tluene, xylene, barium, chlorides,
radium and radon and establish the procedures the facility must follow if that limit is exceeded: Provided, That said rules shall establish and set forth a procedure to provide that any detected
radiation readings above any established radiation limits will require that the solid waste landfill
immediately cease accepting all affected drill cuttings and drilling waste until the secretary has
inspected said landfill and certified pursuant to established rules and regulations that radiation levels
have returned to below the established radiation limits. Any truck load of drill cuttings or drilling
waste which exceeds the radiation reading limits shall not be allowed to enter the landfill until
inspected and approved by the Department of Environmental Protection.
_____(i) The total amount of waste received at a commercial solid waste landfill with one or more
operating cells on its property may not exceed the total volume of its permitted capacity for that
facility in any month, and the quantities of drill cuttings and drilling waste received at that facility
shall be counted and applied toward the facility's established tonnage cap.
_____(j) On or before January 1, 2015, the secretary shall submit an investigation and report to the
Joint Legislative Oversight Commission on Water Resources and the Legislature's Joint Committee
on Government and Finance which examines: (1) The hazardous characteristics of leachate collected
from solid waste facilities receiving drill cuttings and drilling waste, including but not limite to the
presence of heavy metals, petroleum related chemicals (benzene, toluene, xylene, etc.) barium,
chlorides, radium and radon; (2) the potential negative impacts on the surface water or groundwater
resources of this state associated with the collection, treatment and disposal of leachate from such
landfills; and (3) the technical and economic feasibility and benefits of establishing additional and/or
separate disposal locations which are funded, constructed, owned and/or operated by the oil and gas
industry.
§22-15-11. Solid waste assessment fee; penalties.
(a) Imposition. -- A solid waste assessment fee is hereby imposed upon the disposal of solid
waste at any solid waste disposal facility in this state in the amount of one dollar and seventy-five
cents per ton or part thereof of solid waste. The fee imposed by this section is in addition to all other
fees and taxes levied by law and shall be added to and constitute part of any other fee charged by the
operator or owner of the solid waste disposal facility.
(b) Collection, return, payment and records. -- The person disposing of solid waste at the solid
waste disposal facility shall pay the fee imposed by this section, whether or not such person owns the
solid waste, and the fee shall be collected by the operator of the solid waste facility who shall remit
it to the tax commissioner.
(1) The fee imposed by this section accrues at the time the solid waste is delivered to the solid
waste disposal facility.
(2) The operator shall remit the fee imposed by this section to the tax commissioner on or
before the fifteenth day of the month next succeeding the month in which the fee accrued. Upon
remittance of the fee, the operator is required to file returns on forms and in the manner as prescribed
by the tax commissioner.
(3) The operator shall account to the state for all fees collected under this section and shall
hold them in trust for the state until remitted to the tax commissioner.
(4) If any operator fails to collect the fee imposed by this section, he or she is personally liable
for such amount as he or she failed to collect, plus applicable additions to tax, penalties and interest
imposed by article ten, chapter eleven of this code.
(5) Whenever any operator fails to collect, truthfully account for, remit the fee or file returns
with the fee as required in this section, the tax commissioner may serve written notice requiring such
operator to collect the fees which become collectible after service of such notice, to deposit such fees
in a bank approved by the tax commissioner, in a separate account, in trust for and payable to the tax
commissioner and to keep the amount of such fees in such account until remitted to the tax
commissioner. Such notice remains in effect until a notice of cancellation is served on the operator
or owner by the tax commissioner.
(6) Whenever the owner of a solid waste disposal facility leases the solid waste facility to an
operator, the operator is primarily liable for collection and remittance of the fee imposed by this
section and the owner is secondarily liable for remittance of the fee imposed by this section.
However, if the operator fails, in whole or in part, to discharge his or her obligations under this
section, the owner and the operator of the solid waste facility are jointly and severally responsible and
liable for compliance with the provisions of this section.
(7) If the operator or owner responsible for collecting the fee imposed by this section is an
association or corporation, the officers thereof are liable, jointly and severally, for any default on the
part of the association or corporation, and payment of the fee and any additions to tax, penalties and
interest imposed by article ten, chapter eleven of this code may be enforced against them as against
the association or corporation which they represent.
(8) Each person disposing of solid waste at a solid waste disposal facility and each person
required to collect the fee imposed by this section shall keep complete and accurate records in such
form as the tax commissioner may require in accordance with the rules of the tax commissioner.
(c) Regulated motor carriers. -- The fee imposed by this section and section twenty-two, article
five, chapter seven of this code is considered a necessary and reasonable cost for motor carriers of
solid waste subject to the jurisdiction of the public service commission under chapter twenty-four-a
of this code. Notwithstanding any provision of law to the contrary, upon the filing of a petition by
an affected motor carrier, the public service commission shall, within fourteen days, reflect the cost
of said fee in said motor carrier's rates for solid waste removal service. In calculating the amount of
said fee to said motor carrier, the commission shall use the national average of pounds of waste
generated per person per day as determined by the United States Environmental Protection Agency.
(d) Definition of solid waste disposal facility. -- For purposes of this section, the term 'solid
waste disposal facility' means any approved solid waste facility or open dump in this state, and
includes a transfer station when the solid waste collected at the transfer station is not finally disposed
of at a solid waste disposal facility within this state that collects the fee imposed by this section.
Nothing herein authorizes in any way the creation or operation of or contribution to an open dump.
(e) Exemptions. -- The following transactions are exempt from the fee imposed by this
section:
(1) Disposal of solid waste at a solid waste disposal facility by the person who owns, operates
or leases the solid waste disposal facility if the facility is used exclusively to dispose of waste
originally produced by such person in such person's regular business or personal activities or by
persons utilizing the facility on a cost-sharing or nonprofit basis;
(2) Reuse or recycling of any solid waste;
(3) Disposal of residential solid waste by an individual not in the business of hauling or
disposing of solid waste on such days and times as designated by the
director secretary is exempt from
the solid waste assessment fee; and
(4) Disposal of solid waste at a solid waste disposal facility by a commercial recycler which
disposes of thirty percent or less of the total waste it processes for recycling. In order to qualify for
this exemption each commercial recycler must keep accurate records of incoming and outgoing waste
by weight. Such records must be made available to the appropriate inspectors from the division, upon
request.
(f) Procedure and administration. -- Notwithstanding section three, article ten, chapter eleven
of this code, each and every provision of the 'West Virginia Tax Procedure and Administration Act'
set forth in article ten, chapter eleven of this code shall apply to the fee imposed by this section with
like effect as if said act were applicable only to the fee imposed by this section and were set forth in
extenso herein.
(g) Criminal penalties. -- Notwithstanding section two, article nine, chapter eleven of this
code, sections three through seventeen, article nine, chapter eleven of this code shall apply to the fee
imposed by this section with like effect as if said sections were applicable only to the fee imposed by
this section and were set forth in extenso herein.
(h) Dedication of proceeds. -- The net proceeds of the fee collected by the tax commissioner
pursuant to this section shall be deposited at least monthly in an account designated by the
director
secretary. The
director secretary shall allocate twenty-five cents for each ton of solid waste disposed
of in this state upon which the fee imposed by this section is collected and shall deposit the total
amount so allocated into the 'Solid Waste Reclamation and Environmental Response Fund' to be
expended for the purposes hereinafter specified. The first one million dollars of the net proceeds of
the fee imposed by this section collected in each fiscal year shall be deposited in the 'Solid Waste
Enforcement Fund' and expended for the purposes hereinafter specified. The next two hundred fifty
thousand dollars of the net proceeds of the fee imposed by this section collected in each fiscal year
shall be deposited in the 'Solid Waste Management Board Reserve Fund', and expended for the
purposes hereinafter specified:
Provided, That in any year in which the water development authority determines that the solid waste management board reserve fund is adequate to defer any contingent
liability of the fund, the water development authority shall so certify to the
director secretary and the
director secretary shall then cause no less than fifty thousand dollars nor more than two hundred fifty
thousand dollars to be deposited to the fund: Provided, however, That in any year in which the water
development authority determines that the solid waste management board reserve fund is inadequate
to defer any contingent liability of the fund, the water development authority shall so certify to the
director secretary and the
director secretary shall then cause not less than two hundred fifty thousand
dollars nor more than five hundred thousand dollars to be deposited in the fund:
Provided further,
That if a facility owned or operated by the state of West Virginia is denied site approval by a county
or regional solid waste authority, and if such denial contributes, in whole or in part, to a default, or
drawing upon a reserve fund, on any indebtedness issued or approved by the solid waste management
board, then in that event the solid waste management board or its fiscal agent may withhold all or any
part of any funds which would otherwise be directed to such county or regional authority and shall
deposit such withheld funds in the appropriate reserve fund. The
director secretary shall allocate the
remainder, if any, of said net proceeds among the following three special revenue accounts for the
purpose of maintaining a reasonable balance in each special revenue account, which are hereby
continued in the State Treasury:
(1) The 'Solid Waste Enforcement Fund' which shall be expended by the
director secretary
for administration, inspection, enforcement and permitting activities established pursuant to this
article;
(2) The 'Solid Waste Management Board Reserve Fund' which shall be exclusively dedicated
to providing a reserve fund for the issuance and security of solid waste disposal revenue bonds issued
by the solid waste management board pursuant to article three, chapter twenty-two-c of this code;
(3) The 'Solid Waste Reclamation and Environmental Response Fund' which may be
expended by the
director secretary for the purposes of reclamation, cleanup and remedial actions
intended to minimize or mitigate damage to the environment, natural resources, public water supplies,
water resources and the public health, safety and welfare which may result from open dumps or solid
waste not disposed of in a proper or lawful manner.
(i) Findings. -- In addition to the purposes and legislative findings set forth in section one of
this article, the Legislature finds as follows:
(1) In-state and out-of-state locations producing solid waste should bear the responsibility of
disposing of said solid waste or compensate other localities for costs associated with accepting such
solid waste;
(2) The costs of maintaining and policing the streets and highways of the state and its
communities are increased by long distance transportation of large volumes of solid waste; and
(3) Local approved solid waste facilities are being prematurely depleted by solid waste
originating from other locations.
(j) The 'Gas Field Highway Repair and Horizontal Drilling Waste Study Fund' is hereby
created as a special revenue fund in the State Treasury to be administered by West Virginia division
of highways and to be expended only on the improvement, maintenance, and repair of public roads
of three lanes or less located in the wasteshed from which the revenue was received that are identified
by the commissioner of highways as having been damaged by trucks and other traffic associated with
horizontal well drilling sites or the disposal of waste generated by such sites, and that experience
congestion caused, in whole or in part, by such trucks and traffic that interferes with the use of said
roads by residents in the vicinity of such roads: Provided, That up to $750,000 from such fund shall
be made available to the Department of Environmental Protection from the same fund to offset
contracted costs incurred by that Division of Environmental Protection while undertaking the
horizontal drilling waste disposal studies mandated by the provisions of subsection (j), section eight
of this article. Any balance remaining in the special revenue account at the end of any fiscal year shall
not revert to the General Revenue Fund but shall remain in the special revenue account and shall be
used solely in a manner consistent with this section. The fund shall consist of the fee provided for
in subsection (k) of this section.
_____(k) Horizontal drilling waste assessment fee--An additional solid waste assessment fee is
hereby imposed upon the disposal of drill cuttings and drilling waste generated by horizontal well
sites in the amount of one dollar per ton, which fee is in addition to all other fees and taxes levied by
this section or otherwise and shall be added to and constitute part of any other fee charged by the operator or owner of the solid waste disposal facility: Provided, That the horizontal drilling waste
assessment fee shall be collected and administered in the same manner as the solid waste assessment
fee imposed by this section, but shall be imposed only upon the disposal of drill cuttings and drilling
waste generated by horizontal well sites."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4411 - "A Bill to amend and reenact §22-15-8 and §22-15-11 of the
Code of West Virginia, 1931, as amended, all relating to the disposal of drill cuttings and associated
drilling waste generated from well sites at commercial solid waste facilities; allowing for the receipt
of additional drilling waste at certain commercial solid waste facilities above the facility's existing
tonnage limit if certain conditions are met; recognizing the facility's continuing obligation to receive
municipal solid waste while exceeding its permitted tonnage caps; requiring radiation and leachate
monitoring at all facilities receiving drill cuttings and drilling waste; establishing minimum
requirements for the monitoring program; requiring the investigation and report by the department
of environmental protection to the legislature on specified issues associated with the disposal of drill
cuttings and drilling wastes at landfills; required scope of study; establishing deadlines, effective
dates; creating a special revenue fund in the state treasury; establishing an additional solid waste fee;
and requiring the promulgation of emergency and legislative rules."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment
with further amendment, on page two, immediately following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"
ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-8. Limit on the size of solid waste facilities; rulemaking.
(a) On and after October 1, 1991, it is unlawful to operate any commercial solid waste facility
that handles between ten thousand and thirty thousand tons of solid waste per month, except as
provided in section nine of this article and sections twenty-six, twenty-seven and twenty-eight, articles
four and four-a, chapter twenty-two-c of this code.
(b) Except as provided in section nine of this article, the maximum quantity of solid waste
which may lawfully be received or disposed of at any commercial solid waste facility is thirty
thousand tons per month.
(c) The
director secretary shall, within the limits contained in this article, place a limit on the
amount of solid waste received or disposed of per month in commercial solid waste facilities. The
director secretary shall consider at a minimum the following criteria in determining a commercial
solid waste facilitys monthly tonnage limit:
(1) The proximity and potential impact of the solid waste facility upon groundwater, surface
water and potable water;
(2) The projected life and design capacity of the solid waste facility;
(3) The available air space, lined acreage, equipment type and size, adequate personnel and
wastewater treatment capabilities; and
(4) Other factors related to the environmentally safe and efficient disposal of solid waste.
(d) Within the limits established in this article, the
director secretary shall determine the
amount of sewage sludge which may be safely treated, stored, processed, composted, dumped or
placed in a solid waste facility.
(e) The
director secretary shall promulgate emergency rules and propose for legislative
promulgation, legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this
code, to effectuate the requirements of this section. When developing the rules, the
director secretary
shall consider at a minimum the potential impact of the treatment, storage, processing, composting,
dumping or placing sewage sludge at a solid waste facility:
(1) On the groundwater, surface waters and potable waters in the area;
(2) On the air quality in the area;
(3) On the projected life and design capacity of the solid waste facility;
(4) On the available air space, lined acreage, equipment type and size, personnel and
wastewater treatment capabilities;
(5) The facilitys ability to adequately develop markets and market the product which results
from the proper treatment of sewage sludge; and
(6) Other factors related to the environmentally safe and efficient treatment, storage,
processing, composting, dumping or placing of sewage sludge at a solid waste facility.
(f) Sewage sludge disposed of at a landfill must contain at least twenty percent solid by
weight. This requirement may be met by adding or blending sand, sawdust, lime, leaves, soil or other
materials that have been approved by the
director secretary prior to disposal. Alternative sewage
sludge disposal methods can be utilized upon obtaining written approval from the
director secretary.
No facility may accept for land filling in any month sewage sludge in excess of twenty-five percent
of the total tons of solid waste accepted at the facility for land filling in the preceding month.
(g) Notwithstanding any other provision of this code to the contrary, a commercial solid waste
facility that is not located in a county in a karst region as determined by the West Virginia Geologic
and Economic Survey may lawfully receive drill cuttings and drilling waste generated from horizontal
well sites above the monthly tonnage limits of the commercial solid waste facility under the following
conditions and limitations:
_____(1)(A) The drill cuttings and associated drilling waste are placed in a separate cell dedicated
solely to the disposal of drill cuttings and drilling waste; and
_____(B) The separate cell dedicated to drill cuttings and associated drilling waste is constructed
pursuant to the standards set out in this article and Legislative rules promulgated thereunder; and
_____(C) On or before March 8, 2014, the facility has either obtained any certificate of need, or
amended certificate of need, or has a pending application for a certificate or amended certificate of
need, authorizing such separate cell as may be required by the public service commission in
accordance with section one-c, article two, chapter twenty-four of this code.
_____(2) The secretary may only allow those solid waste facilities that applied by December 31,
2013 for a permit modification to construct a separate cell for drill cuttings and associated drilling
waste, to accept drill cuttings and associated drilling waste at its commercial solid waste facility
without counting the deposited drill cuttings and associated drilling waste towards the landfills
permitted monthly tonnage limits, until September 30, 2014.
_____(3) No solid waste facility may exclude or refuse to take municipal solid waste in the quantity
up to and including its permitted tonnage limit while the facility is allowed to lawfully receive drill
cuttings or drilling waste above its permitted tonnage limits.
_____(h) Any solid waste facility taking drill cuttings and drilling waste must install radiation
monitors by January 1, 2015. The secretary shall promulgate emergency and legislative rules to
establish limits for unique toxins associated with drill cuttings and drilling waste including, but not
limited to heavy metals, petroleum-related chemicals, (benzene, toluene, xylene, barium, chlorides,
radium and radon) and establish the procedures the facility must follow if that limit is exceeded:
Provided, That said rules shall establish and set forth a procedure to provide that any detected
radiation readings above any established radiation limits will require that the solid waste landfill
immediately cease accepting all affected drill cuttings and drilling waste until the secretary has
inspected said landfill and certified pursuant to established rules and regulations that radiation levels
have returned to below the established radiation limits. Any truck load of drill cuttings or drilling
waste which exceeds the radiation reading limits shall not be allowed to enter the landfill until
inspected and approved by the Department of Environmental Protection.
_____(i) Except for facilities which meet the requirements of (g)(1) of this section, the total amount
of waste received at a commercial solid waste landfill with one or more operating cells on its property
may not exceed the total volume of its permitted capacity for that facility in any month, and the
quantities of drill cuttings and drilling waste received at that facility shall be counted and applied
toward the facilitys established tonnage cap.
_____(j) On or before January 1, 2015, the secretary shall submit an investigation and report to the
Joint Legislative Oversight Commission on Water Resources and the Legislatures Joint Committee
on Government and Finance which examines: (1) The hazardous characteristics of leachate collected
from solid waste facilities receiving drill cuttings and drilling waste, including but not limited to the
presence of heavy metals, petroleum related chemicals (benzene, toluene, xylene, etc.) barium,
chlorides, radium and radon; (2) the potential negative impacts on the surface water or groundwater
resources of this state associated with the collection, treatment and disposal of leachate from such
landfills; and (3) the technical and economic feasibility and benefits of establishing additional and/or separate disposal locations which are funded, constructed, owned and/or operated by the oil and gas
industry.
§22-15-11. Solid waste assessment fee; penalties.
(a) Imposition. -- A solid waste assessment fee is hereby imposed upon the disposal of solid
waste at any solid waste disposal facility in this state in the amount of one dollar and seventy-five
cents per ton or part thereof of solid waste. The fee imposed by this section is in addition to all other
fees and taxes levied by law and shall be added to and constitute part of any other fee charged by the
operator or owner of the solid waste disposal facility.
(b) Collection, return, payment and records. -- The person disposing of solid waste at the solid
waste disposal facility shall pay the fee imposed by this section, whether or not such person owns the
solid waste, and the fee shall be collected by the operator of the solid waste facility who shall remit
it to the tax commissioner.
(1) The fee imposed by this section accrues at the time the solid waste is delivered to the solid
waste disposal facility.
(2) The operator shall remit the fee imposed by this section to the tax commissioner on or
before the fifteenth day of the month next succeeding the month in which the fee accrued. Upon
remittance of the fee, the operator is required to file returns on forms and in the manner as prescribed
by the tax commissioner.
(3) The operator shall account to the state for all fees collected under this section and shall
hold them in trust for the state until remitted to the tax commissioner.
(4) If any operator fails to collect the fee imposed by this section, he or she is personally liable
for such amount as he or she failed to collect, plus applicable additions to tax, penalties and interest
imposed by article ten, chapter eleven of this code.
(5) Whenever any operator fails to collect, truthfully account for, remit the fee or file returns
with the fee as required in this section, the tax commissioner may serve written notice requiring such
operator to collect the fees which become collectible after service of such notice, to deposit such fees
in a bank approved by the tax commissioner, in a separate account, in trust for and payable to the tax
commissioner and to keep the amount of such fees in such account until remitted to the tax commissioner. Such notice remains in effect until a notice of cancellation is served on the operator
or owner by the tax commissioner.
(6) Whenever the owner of a solid waste disposal facility leases the solid waste facility to an
operator, the operator is primarily liable for collection and remittance of the fee imposed by this
section and the owner is secondarily liable for remittance of the fee imposed by this section.
However, if the operator fails, in whole or in part, to discharge his or her obligations under this
section, the owner and the operator of the solid waste facility are jointly and severally responsible and
liable for compliance with the provisions of this section.
(7) If the operator or owner responsible for collecting the fee imposed by this section is an
association or corporation, the officers thereof are liable, jointly and severally, for any default on the
part of the association or corporation, and payment of the fee and any additions to tax, penalties and
interest imposed by article ten, chapter eleven of this code may be enforced against them as against
the association or corporation which they represent.
(8) Each person disposing of solid waste at a solid waste disposal facility and each person
required to collect the fee imposed by this section shall keep complete and accurate records in such
form as the tax commissioner may require in accordance with the rules of the tax commissioner.
(c) Regulated motor carriers. -- The fee imposed by this section and section twenty-two, article
five, chapter seven of this code is considered a necessary and reasonable cost for motor carriers of
solid waste subject to the jurisdiction of the public service commission under chapter twenty-four-a
of this code. Notwithstanding any provision of law to the contrary, upon the filing of a petition by
an affected motor carrier, the public service commission shall, within fourteen days, reflect the cost
of said fee in said motor carriers rates for solid waste removal service. In calculating the amount of
said fee to said motor carrier, the commission shall use the national average of pounds of waste
generated per person per day as determined by the United States Environmental Protection Agency.
(d) Definition of solid waste disposal facility. -- For purposes of this section, the term solid
waste disposal facility means any approved solid waste facility or open dump in this state, and
includes a transfer station when the solid waste collected at the transfer station is not finally disposed of at a solid waste disposal facility within this state that collects the fee imposed by this section.
Nothing herein authorizes in any way the creation or operation of or contribution to an open dump.
(e) Exemptions. -- The following transactions are exempt from the fee imposed by this
section:
(1) Disposal of solid waste at a solid waste disposal facility by the person who owns, operates
or leases the solid waste disposal facility if the facility is used exclusively to dispose of waste
originally produced by such person in such persons regular business or personal activities or by
persons utilizing the facility on a cost-sharing or nonprofit basis;
(2) Reuse or recycling of any solid waste;
(3) Disposal of residential solid waste by an individual not in the business of hauling or
disposing of solid waste on such days and times as designated by the
director secretary is exempt from
the solid waste assessment fee; and
(4) Disposal of solid waste at a solid waste disposal facility by a commercial recycler which
disposes of thirty percent or less of the total waste it processes for recycling. In order to qualify for
this exemption each commercial recycler must keep accurate records of incoming and outgoing waste
by weight. Such records must be made available to the appropriate inspectors from the division, upon
request.
(f) Procedure and administration. -- Notwithstanding section three, article ten, chapter eleven
of this code, each and every provision of the 'West Virginia Tax Procedure and Administration Act'
set forth in article ten, chapter eleven of this code shall apply to the fee imposed by this section with
like effect as if said act were applicable only to the fee imposed by this section and were set forth in
extenso herein.
(g) Criminal penalties. -- Notwithstanding section two, article nine, chapter eleven of this
code, sections three through seventeen, article nine, chapter eleven of this code shall apply to the fee
imposed by this section with like effect as if said sections were applicable only to the fee imposed by
this section and were set forth in extenso herein.
(h) Dedication of proceeds. -- The net proceeds of the fee collected by the tax commissioner
pursuant to this section shall be deposited at least monthly in an account designated by the
director secretary. The
director secretary shall allocate twenty-five cents for each ton of solid waste disposed
of in this state upon which the fee imposed by this section is collected and shall deposit the total
amount so allocated into the Solid Waste Reclamation and Environmental Response Fund to be
expended for the purposes hereinafter specified. The first one million dollars of the net proceeds of
the fee imposed by this section collected in each fiscal year shall be deposited in the 'Solid Waste
Enforcement Fund' and expended for the purposes hereinafter specified. The next two hundred fifty
thousand dollars of the net proceeds of the fee imposed by this section collected in each fiscal year
shall be deposited in the 'Solid Waste Management Board Reserve Fund', and expended for the
purposes hereinafter specified:
Provided, That in any year in which the water development authority
determines that the solid waste management board reserve fund is adequate to defer any contingent
liability of the fund, the water development authority shall so certify to the
director secretary and the
director secretary shall then cause no less than fifty thousand dollars nor more than two hundred fifty
thousand dollars to be deposited to the fund: Provided, however, That in any year in which the water
development authority determines that the solid waste management board reserve fund is inadequate
to defer any contingent liability of the fund, the water development authority shall so certify to the
director secretary and the
director secretary shall then cause not less than two hundred fifty thousand
dollars nor more than five hundred thousand dollars to be deposited in the fund:
Provided further,
That if a facility owned or operated by the state of West Virginia is denied site approval by a county
or regional solid waste authority, and if such denial contributes, in whole or in part, to a default, or
drawing upon a reserve fund, on any indebtedness issued or approved by the solid waste management
board, then in that event the solid waste management board or its fiscal agent may withhold all or any
part of any funds which would otherwise be directed to such county or regional authority and shall
deposit such withheld funds in the appropriate reserve fund. The
director secretary shall allocate the
remainder, if any, of said net proceeds among the following three special revenue accounts for the
purpose of maintaining a reasonable balance in each special revenue account, which are hereby
continued in the State Treasury:
(1) The Solid Waste Enforcement Fund which shall be expended by the
director secretary for
administration, inspection, enforcement and permitting activities established pursuant to this article;
(2) The 'Solid Waste Management Board Reserve Fund' which shall be exclusively dedicated
to providing a reserve fund for the issuance and security of solid waste disposal revenue bonds issued
by the solid waste management board pursuant to article three, chapter twenty-two-c of this code;
(3) The Solid Waste Reclamation and Environmental Response Fund which may be expended
by the
director secretary for the purposes of reclamation, cleanup and remedial actions intended to
minimize or mitigate damage to the environment, natural resources, public water supplies, water
resources and the public health, safety and welfare which may result from open dumps or solid waste
not disposed of in a proper or lawful manner.
(i) Findings. -- In addition to the purposes and legislative findings set forth in section one of
this article, the Legislature finds as follows:
(1) In-state and out-of-state locations producing solid waste should bear the responsibility of
disposing of said solid waste or compensate other localities for costs associated with accepting such
solid waste;
(2) The costs of maintaining and policing the streets and highways of the state and its
communities are increased by long distance transportation of large volumes of solid waste; and
(3) Local approved solid waste facilities are being prematurely depleted by solid waste
originating from other locations.
(j) The 'Gas Field Highway Repair and Horizontal Drilling Waste Study Fund' is hereby
created as a special revenue fund in the State Treasury to be administered by West Virginia division
of highways and to be expended only on the improvement, maintenance, and repair of public roads
of three lanes or less located in the watershed from which the revenue was received that are identified
by the commissioner of highways as having been damaged by trucks and other traffic associated with
horizontal well drilling sites or the disposal of waste generated by such sites, and that experience
congestion caused, in whole or in part, by such trucks and traffic that interferes with the use of said
roads by residents in the vicinity of such roads: Provided, That up to $750,000 from such fund shall
be made available to the Department of Environmental Protection from the same fund to offset
contracted costs incurred by that Division of Environmental Protection while undertaking the
horizontal drilling waste disposal studies mandated by the provisions of subsection (j), section eight of this article. Any balance remaining in the special revenue account at the end of any fiscal year shall
not revert to the General Revenue Fund but shall remain in the special revenue account and shall be
used solely in a manner consistent with this section. The fund shall consist of the fee provided for
in subsection (k) of this section.
_____(k) Horizontal drilling waste assessment fee--An additional solid waste assessment fee is
hereby imposed upon the disposal of drill cuttings and drilling waste generated by horizontal well
sites in the amount of one dollar per ton, which fee is in addition to all other fees and taxes levied by
this section or otherwise and shall be added to and constitute part of any other fee charged by the
operator or owner of the solid waste disposal facility: Provided, That the horizontal drilling waste
assessment fee shall be collected and administered in the same manner as the solid waste assessment
fee imposed by this section, but shall be imposed only upon the disposal of drill cuttings and drilling
waste generated by horizontal well sites."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4411 - "A Bill to amend and reenact §22-15-8 and §22-15-11 of the
Code of West Virginia, 1931, as amended, all relating to the disposal of drill cuttings and associated
drilling waste generated from well sites at commercial solid waste facilities; allowing for the receipt
of additional drilling waste at certain commercial solid waste facilities above the facilitys existing
tonnage limit if certain conditions are met; recognizing the facilitys continuing obligation to receive
municipal solid waste while exceeding its permitted tonnage caps; requiring radiation and leachate
monitoring at all facilities receiving drill cuttings and drilling waste; establishing minimum
requirements for the monitoring program; requiring the investigation and report by the department
of environmental protection to the legislature on specified issues associated with the disposal of drill
cuttings and drilling wastes at landfills; required scope of study; establishing deadlines, effective
dates; creating a special revenue fund in the state treasury; establishing an additional solid waste fee;
and requiring the promulgation of emergency and legislative rules."
The bill, as amended by the Senate and further amended by the House, was then put upon its
passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 482), and there were--yeas
70, nays 14, absent and not voting 16, with the nays and absent and not voting being as follows:
Nays: Ambler, Cadle, Canterbury, Cowles, Espinosa, Faircloth, Folk, Howell, Kump,
Lawrence, Manypenny, Overington, Skinner and Westfall.
Absent and Not Voting: Barrett, Craig, Diserio, Eldridge, Ferro, Moore, Moye, J. Nelson,
Perdue, R. Phillips, Raines, Skaff, Sponaugle, Stephens, Tomblin and Walters.
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. 4411) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
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. 4139, Restricting parental rights of child custody and visitation when
the child was conceived as a result of a sexual assault or sexual abuse.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
section, designated §48-9-209a, to read as follows:
ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND
DECISION-MAKING RESPONSIBILITY OF CHILDREN.
Part 2 - Parenting Plans
§48-9-209a. Child conceived as result of sexual assault or sexual abuse by a parent; rights of
a biological parent convicted of sexual assault or abuse; post-conviction
cohabitation; rebuttable presumption upon separation or divorce.
(a) Except as otherwise provided in this section, if a child c
ustodial responsibility or parenting
time dispute involves a child who is conceived as a result of acts by which one of the childs biological
parents has been convicted of sexual assault, pursuant to section three, four or five, article eight-b,
chapter sixty-one of this code, or of sexual abuse by a parent, guardian or custodian, pursuant to
section five, article eight-d, chapter sixty-one of this code, the court shall not allocate custodial
responsibility to the biological parent convicted of the sexual assault, and the convicted parent has
no right to parenting time with the child unless the court finds by clear and convincing evidence set
forth in written findings that it is in the best interests of the child, adequately protects the child and
the victim of the sexual offense and that the person or persons with custodial responsibility of the
child consent thereto.
(b) Subsection (a) does not apply if:
(1) The biological parents are husband and wife at the time of the offense and, after the date
of conviction, cohabit and establish a mutual custodial environment for the child; or
(2) After the date of conviction, the unmarried biological parents cohabit and establish a
mutual custodial environment for the child.
(c) If persons described by subsection (b) of this section later separate or divorce, the
conviction of sexual assault, pursuant to section three, four or five, article eight-b, chapter sixty-one
of this code, or of sexual abuse by a parent, guardian or custodian, pursuant to section five, article
eight-d, chapter sixty-one of this code creates a rebuttable presumption that exclusive or shared
custodial responsibility of the child by the perpetrator of the offense is not in the best interests of the
child. The convicted parent has no right to parenting time with the child unless the court finds by
clear and convincing evidence set forth in written findings that, despite the rebuttable presumption
required by this subsection, a custodial responsibility or parenting time arrangement with the
convicted parent is in the best interests of the child, adequately protects the child and the victim of
the sexual offense, and that the victim of the sexual offense consents thereto.
(d) A denial of custodial responsibility or parenting time under this section does not by itself
terminate the parental rights of the person denied custodial responsibility or parenting time, nor does
it affect the obligation of the person to support the minor child."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4139 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §48-9-209a, relating to restricted parental rights of child
custodial responsibility and parenting time when a child was conceived as a result of a sexual assault
or certain sexual abuse; denying custodial responsibility and parenting time rights to a natural parent
convicted of sexual assault when a child is produced as a result of the offense; providing limited
exceptions when the biological parents cohabit; creating a rebuttable presumption against the
allocation of exclusive or shared custodial responsibility or parenting time to the perpetrator of the
offense after cohabitation with the other parent under certain circumstances; requiring the court to
find by clear and convincing evidence that custodial responsibility or parenting time by a person
convicted of sexual assault or certain sexual abuse is in the best interest of the child, victim, that the
victim consents and certain other facts in order to allocate such custodial responsibility or parenting
time; and clarifying the natural parents continuing support obligations."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 483), 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: Craig, J. Nelson, Perdue, Raines, Stephens and Walters.
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. 4139) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4237, Prohibiting the sale, distribution and use of electronic cigarettes,
vapor products and other alternative nicotine products to persons under the age of eighteen.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-2. Definitions; sale or gift of cigarette, cigarette paper, pipe, cigar, snuff, chewing
tobacco, pipe tobacco, roll-your-own tobacco, tobacco products, tobacco-
derived and alternative nicotine product or vapor products to persons under
eighteen; penalties for first and subsequent offense; consideration of prohibited
act as grounds for dismissal; impact on eligibility for unemployment benefits.
(a) For purposes of this article, the term:
_____(1) Tobacco product and tobacco-derived product means any product, containing, made or
derived from tobacco, or containing nicotine derived from tobacco, that is intended for human
consumption, whether smoked, breathed, chewed, absorbed, dissolved, inhaled, vaporized, snorted,
sniffed or ingested by any other means, including but not limited to cigarettes, cigars, cigarillos, little
cigars, pipe tobacco, snuff, snus, chewing tobacco or other common tobacco-containing products.
A tobacco-derived product includes electronic cigarettes or similar devices, alternative nicotine
products and vapor products. Tobacco product or tobacco-derived product does not include any
product that is regulated by the United States Food and Drug Administration under Chapter V of the
Food, Drug and Cosmetic Act.
_____(2) Alternative nicotine product means any non-combustible product containing nicotine that
is intended for human consumption, whether chewed, absorbed, dissolved or ingested by any other
means. Alternative nicotine product does not include any tobacco product, vapor product or product
regulated as a drug or device by the United States Food and Drug Administration under Chapter V
of the Food, Drug and Cosmetic Act.
_____(3) Vapor product means any non-combustible product containing nicotine that employs a
heating element, power source, electronic circuit or other electronic, chemical or mechanical means,
regardless of shape and size, that can be used to produce vapor from nicotine in a solution or other form. Vapor product includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic
pipe or similar product or device, and any vapor cartridge or other container of nicotine in a solution
or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe or similar product or device. Vapor product does not include any product that
is regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug
and Cosmetic Act.
_____(a) (b) No person, firm, corporation or business entity may sell, give or furnish, or cause to
be sold, given or furnished, to any person under the age of eighteen years:
(1) Any pipe, cigarette paper or any other paper prepared, manufactured or made for the
purpose of smoking any tobacco or tobacco product; or
(2) Any cigar, cigarette, snuff, chewing tobacco or tobacco product, in any form; or
_____(3) Any tobacco-derived product, alternative nicotine product or vapor product.
_____(b) (c) Any firm or corporation that violates any of the provisions of subdivision (1), or (2)
subsection (a) (b) of this section and any individual who violates any of the provisions of subdivision
(1) subsection (a) (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall
be fined $50 for the first offense. Upon any subsequent violation at the same location or operating
unit, the firm, corporation or individual shall be fined as follows: At least $250 but not more than
$500 for the second offense, if it occurs within two years of the first conviction; at least $500 but not
more than $750 for the third offense, if it occurs within two years of the first conviction; and at least
$1,000 but not more than $5,000 for any subsequent offenses, if the subsequent offense occurs within
five years of the first conviction.
(c) (d) Any individual who knowingly and intentionally sells, gives or furnishes or causes to
be sold, given or furnished to any person under the age of eighteen years any cigar, cigarette, snuff,
chewing tobacco, or tobacco product or tobacco-derived product, in any form, is guilty of a
misdemeanor and, upon conviction thereof, for the first offense shall be fined not more than $100;
upon conviction thereof for a second or subsequent offense, is guilty of a misdemeanor and shall be
fined not less than $100 nor more than $500.
(d) (e) Any employer who discovers that his or her employee has sold or furnished tobacco
products or tobacco-derived products to minors may dismiss such employee for cause. Any such
discharge shall be considered as gross misconduct for the purposes of determining the discharged
employees eligibility for unemployment benefits in accordance with the provisions of section three,
article six, chapter twenty-one-a of this code, if the employer has provided the employee with prior
written notice in the workplace that such act or acts may result in their termination from employment.
§16-9A-3. Use or possession of tobacco or tobacco products, alternative nicotine products or
vapor products by persons under the age of eighteen years; penalties.
No person under the age of eighteen years shall have on or about his or her person or premises
or use any cigarette, or cigarette paper or any other paper prepared, manufactured or made for the
purpose of smoking any tobacco products, in any form; or, any pipe, snuff, chewing tobacco, or
tobacco product or tobacco-derived product: Provided, That minors participating in the inspection
of locations where tobacco products or tobacco-derived products, are sold or distributed pursuant to
section seven of this article is not considered to violate the provisions of this section. Any person
violating the provisions of this section shall for the first violation be fined $50 and be required to
serve eight hours of community service; for a second violation, the person shall be fined $100 and
be required to serve sixteen hours of community service; and for a third and each subsequent
violation, the person shall be fined $200 and be required to serve twenty-four hours of community
service. Notwithstanding the provisions of section two, article five, chapter forty-nine, the magistrate
court has concurrent jurisdiction.
§16-9A-4. Use of tobacco, tobacco products, alternative nicotine products or vapor products
in certain areas of certain public schools prohibited; penalty.
Every person who shall smoke a cigarette or cigarettes, pipe, cigar or other implement, of any
type or nature, designed, used or employed for smoking any tobacco or tobacco product; or who shall
use any tobacco product or tobacco-derived product whether chewing tobacco, snuff or otherwise in
any building or part thereof used for instructional purposes, in any school of this state, as defined in
section one, article one, chapter eighteen of this code, or on any lot or grounds actually used for
instructional purposes of any such school of this state while such school is used or occupied for school purposes, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished
for each offense by a fine of not less than one nor more than five dollars: Provided, That this
prohibition shall not be construed to prevent the use of any tobacco or tobacco product or tobacco-
derived product, in any faculty lounge or staff lounge or faculty office or other area of said public
school not used for instructional purposes: Provided, however, That students do not have access
thereto: Provided further, That nothing herein contained shall be construed to prevent any county
board of education from promulgating rules and regulations that further restrict the use of tobacco,
or tobacco products or tobacco-derived products, in any form, from any other part or section of any
public school building under its jurisdiction.
§16-9A-7. Enforcement of youth smoking laws and youth nicotine restrictions; inspection of
retail outlets where tobacco, tobacco products, vapor products or alternative
nicotine products are sold; use of minors in inspections; annual reports;
penalties; defenses.
(a) The commissioner of the West Virginia alcohol beverage control administration, the
Superintendent of the West Virginia State Police, the sheriffs of the counties of this state and the
chiefs of police of municipalities of this state, may periodically conduct unannounced inspections at
locations where tobacco products or tobacco-derived products, are sold or distributed to ensure
compliance with the provisions of sections two and three of this article and in such manner as to
conform with applicable federal and state laws, rules and regulations. Persons under the age of
eighteen years may be enlisted by such commissioner, superintendent, sheriffs or chiefs of police or
employees or agents thereof to test compliance with these sections: Provided, That the minors may
be used to test compliance only if the testing is conducted under the direct supervision of the
commissioner, superintendent, sheriffs or chiefs of police or employees or agents thereof and written
consent of the parent or guardian of such person is first obtained and such minors shall not be in
violation of section three of this article and chapter when acting under the direct supervision of the
commissioner, superintendent, sheriffs or chiefs of police or employees or agents thereof and with
the written consent of the parent or guardian. It is unlawful for any person to use persons under the
age of eighteen years to test compliance in any manner not set forth herein and the person so using a minor is guilty of a misdemeanor and, upon conviction thereof, shall be fined the same amounts as
set forth in section two of this article.
(b) A person charged with a violation of section two or three of this article as the result of an
inspection under subsection (a) of this section has a complete defense if, at the time the cigarette, or
other tobacco product or tobacco-derived product, or cigarette wrapper, was sold, delivered, bartered,
furnished or given:
(1) The buyer or recipient falsely evidenced that he or she was eighteen years of age or older;
(2) The appearance of the buyer or recipient was such that a prudent person would believe the
buyer or recipient to be eighteen years of age or older; and
(3) Such person carefully checked a drivers license or an identification card issued by this state
or another state of the United States, a passport or a United States armed services identification card
presented by the buyer or recipient and acted in good faith and in reliance upon the representation and
appearance of the buyer or recipient in the belief that the buyer or recipient was eighteen years of age
or older.
(c) Any fine collected after a conviction of violating section two of this article shall be paid
to the clerk of the court in which the conviction was obtained: Provided, That the clerk of the court
upon receiving the fine shall promptly notify the Commissioner of the West Virginia Alcohol
Beverage Control Administration of the conviction and the collection of the fine: Provided, however,
That any community service penalty imposed after a conviction of violating section three of this
article shall be recorded by the clerk of the court in which the conviction was obtained: Provided
further, That the clerk of the court upon being advised that community service obligations have been
fulfilled shall promptly notify the Commissioner of the West Virginia Alcohol Beverage Control
Administration of the conviction and the satisfaction of imposed community service penalty.
(d) The Commissioner of the West Virginia Alcohol Beverage Control Administration or his
or her designee shall prepare and submit to the Governor on the last day of September of each year
a report of the enforcement and compliance activities undertaken pursuant to this section and the
results of the same, with a copy to the Secretary of the West Virginia Department of Health and Human Resources. The report shall be in the form and substance that the Governor shall submit to
the applicable state and federal programs.
§16-9A-8. Selling of tobacco products, tobacco-derived products, alternative nicotine products
or vapor products in vending machines prohibited except in certain places.
No person or business entity may offer for sale any cigarette, or other tobacco product or
tobacco-derived product, in a vending machine. Any person or business entity which violates the
provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined
$250: Provided, That an establishment is exempt from this prohibition if individuals under the age
of eighteen years are not permitted to be in the establishment or if the establishment is licensed by
the alcohol beverage control commissioner as a Class A licensee. The alcohol beverage control
commissioner shall promulgate rules pursuant to article three, chapter twenty-nine-a of this code prior
to the July 1, 2000, which rules shall to establish standards for the location and control of the vending
machines in Class A licensed establishments for the purpose of restricting access by minors."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4237 - "A Bill to amend and reenact §16-9A-2, §16-9A-3, §16-9A-4,
§16-9A-7 and §16-9A-8 of the Code of West Virginia, 1931, as amended, all relating to restrictions
placed on tobacco products and tobacco-derived products containing nicotine; defining terms;
defining vapor products and alternative nicotine products as tobacco-derived products; creating
exclusions; limiting the use of and sale of tobacco-derived products to persons under the age of
eighteen in the same manner as tobacco; prohibiting the sale or furnishing of tobacco and tobacco-
derived products to individuals under eighteen years of age; prohibiting the use and possession of
tobacco or tobacco-derived products by an individual under eighteen years of age; allowing employers
to dismiss an employee for cause for the knowing or intentional sale or furnishing of tobacco or
tobacco-derived to someone under the age of eighteen; allowing for the conduct of unannounced
inspections to ensure compliance with sales restrictions; restricting the use of tobacco and tobacco-
derived products on school grounds; restricting the sale of tobacco and tobacco-derived products in
vending machines; creating misdemeanor offenses and criminal penalties relating to tobacco-derived products that are consistent with tobacco products; creating a defense in certain circumstances; and
authorizing continued rulemaking authority."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 484), 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: Craig, J. Nelson, Perdue, Raines, Stephens and Walters.
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. 4237) 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 amendment, a bill of the
House of Delegates, as follows:
H. B. 4346, Establishing separate standards of performance for carbon dioxide emissions.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 5. AIR POLLUTION CONTROL.
§22-5-20. Regulating carbon dioxide emissions from existing fossil fuel-fired electric
generating units.
(a) The Department of Environmental Protection, in consultation with the Department of
Environmental Protection Advisory Council, shall establish separate standards of performance for
carbon dioxide emissions from existing coal-fired electric generating units in accordance with
subsection (b) and from existing natural gas-fired electric generating units in accordance with
subsection (c). The standards of performance developed and proposed under any state plan to comply
with Section 111 of the Clean Air Act should allow for greater flexibility and take into consideration the additional factors set forth in subsection (d) as a part of any state plan to achieve targeted
reductions in greenhouse gas emissions which are equivalent or comparable to the goals and marks
established by federal guidelines.
(b) Standards of performance for existing coal-fired electric generating units. -- Except as
provided under subsection (d), the standard of performance established for existing coal-fired electric
generating units under subsection (a) shall be based upon:
(1) The best system of emission reduction which, taking into account the cost of achieving the
reduction and any nonair quality health and environmental impact and energy requirements, has been
adequately demonstrated for coal-fired electric generating units that are subject to the standard of
performance;
(2) Reductions in emissions of carbon dioxide that can reasonably be achieved through
measures undertaken at each coal-fired electric generating unit; and
(3) Efficiency and other measures that can be undertaken at each coal-fired electric generating
unit to reduce carbon dioxide emissions from the unit without switching from coal to other fuels,
cofiring other fuels with coal or limiting the economic utilization of the unit; and
(4) Additional regulatory mechanisms that provide flexibility in complying with the standards,
including: (A) Emissions trading with credited reduction for any unit that was in operation January
1, 2011, or thereafter, and fleet wide averaging; (B) other alternative implementation measures that
are determined to further the interests of West Virginia and its citizens including state programs such
as clean energy programs that mandate reduced energy consumption resulting in avoided emissions,
emission reductions, or a reduction in the states carbon dioxide intensity whereby the state shall credit
equally based on the output to the generators located in the state that are subject to carbon dioxide
performance standard rules under Section 111(d) of the Clean Air Act.
(c) Standards of performance for existing natural gas-fired electric generating units. -- Except
as provided in subsection (d), the standard of performance established for existing gas-fired electric
generating units under subsection (a) shall be based upon:
(1) The best system of emission reduction which, taking into account the cost of achieving the
reduction and any nonair quality health and environmental impact and energy requirements, has been adequately demonstrated for natural gas-fired electric generating units that are subject to the standard
of performance;
(2) Reductions in emissions of carbon dioxide that can reasonably be achieved through
measures at each natural gas-fired electric generating unit; and
(3) Efficiency and other measures that can be undertaken at the unit to reduce carbon dioxide
emissions from the unit without switching from natural gas to other lower-carbon fuels or limiting
the economic utilization of the unit.
(d) Flexibility in establishing standards of performance. -- In developing a flexible state plan
to achieve targeted reductions in greenhouse gas emissions, the Department of Environmental
Protection shall endeavor to establish an achievable standard of performance for any existing fossil
fuel-fired electric generating unit, and examine whether less stringent performance standards or longer
compliance schedules may be implemented or adopted for existing fossil fuel-fired electric generating
units in comparison to the performance standards established for new, modified or reconstructed
generating units, based on the following:
(1) Consumer impacts, including any disproportionate impacts of energy price increases on
lower income populations;
(2) Nonair quality health and environmental impacts;
(3) Projected energy requirements;
(4) Market-based considerations in achieving performance standards;
(5) The costs of achieving emission reductions due to factors such as plant age, location or
basic process design;
(6) Physical difficulties with or any apparent inability to feasiblely implement certain emission
reduction measures;
(7) The absolute cost of applying the performance standard to the unit;
(8) The expected remaining useful life of the unit;
(9) The impacts of closing the unit, including economic consequences such as expected job
losses, if the unit is unable to comply with the performance standard;
(10) Impacts on the reliability of the system; and
(11) Any other factors specific to the unit that make application of a modified or less stringent
standard or a longer compliance schedule more reasonable.
(e) State plan requirement. - The Department of Environmental Protection shall propose or
submit to the U. S. Environmental Protection Agency a state plan which includes achievable
performance standards for existing sources, and a combination of additional measures designed to
meet the U. S. Environmental Protection Agencys guidelines, consistent with the considerations,
goals and parameters set forth in this section."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 485), 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: J. Nelson, Raines and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4346) 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 amendment, a bill of the
House of Delegates, as follows:
H. B. 4601, Relating to fiscal management and regulation of publicly-owned utilities.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That §16-13A-18a of the Code of West Virginia, 1931, as amended, be amended and
reenacted; and that §24-2-4a and §24-2-4b of said code be amended and reenacted, all to read as
follows:
CHAPTER 16. PUBLIC HEALTH
ARTICLE 13A. PUBLIC SERVICE DISTRICTS.
§16-13A-18a. Sale, lease or rental of water, sewer, stormwater or gas system by district;
distribution of proceeds.
In any case where a public service district owns a water, sewer, stormwater or gas system, and
a majority of not less than sixty percent of the members of the public service board thereof deem it
for the best interests of the district to sell, lease or rent such water, sewer, stormwater or gas system
to any municipality or privately-owned water, sewer, stormwater or gas system, or to any water,
sewer, stormwater or gas system owned by an adjacent public service district, the board may so sell,
lease or rent such water, sewer, stormwater or gas system upon such terms and conditions as said
board, in its discretion, considers in the best interests of the district:
Provided, That such sale, leasing
or rental may be made only upon: (1) The publication of notice of a hearing before the board of the
public service district, as a Class I legal advertisement in compliance with the provisions of article
three, chapter fifty-nine of this code, in a newspaper published and of general circulation in the county
or counties wherein the district is located, such publication to be made not earlier than twenty days
and not later than seven days prior to the hearing; (2) approval by the county commission or
commissions of the county or counties in which the district operates; and (3) approval by the public
service commission of West Virginia.
In the event of any such sale, the proceeds thereof, if any, remaining after payment of all
outstanding bonds and other obligations of the district, shall be ratably distributed to any persons who
have made contributions in aid of construction of such water, sewer, stormwater or gas system, such
distribution not to exceed the actual amount of any such contribution, without interest, and any
balance of funds thereafter remaining shall be paid to the county commission of the county in which
the major portion of such water, sewer, stormwater or gas system is located to be placed in the general
funds of such county commission:
Provided, That no such distribution shall be required in the case
of a sale between political subdivisions of the state.
CHAPTER 24. PUBLIC SERVICE COMMISSION
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
§24-2-4a. Procedure for changing rates after June 30, 1981.
After June 30, 1981, no public utility subject to this chapter except those utilities subject to
the provisions of section four-b and section four-d of this article, shall change, suspend or annul any
rate, joint rate, charge, rental or classification except after thirty days notice to the commission and
the public, which notice shall plainly state the changes proposed to be made in the schedule then in
force and the time when the changed rates or charges shall go into effect; but the commission may
enter an order suspending the proposed rate as hereinafter provided. The proposed changes shall be
shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time,
and kept open to public inspection: Provided, That the commission may, in its discretion, and for
good cause shown, allow changes upon less time than the notice herein specified, or may modify the
requirements of this section in respect to publishing, posting and filing of tariffs, either by particular
instructions or by general order.
Whenever there shall be filed with the commission any schedule stating a change in the rates
or charges, or joint rates or charges, or stating a new individual or joint rate or charge or joint
classification or any new individual or joint regulation or practice affecting any rate or charge, the
commission may either upon complaint or upon its own initiative without complaint enter upon a
hearing concerning the propriety of such rate, charge, classification, regulation or practice; and, if the
commission so orders, it may proceed without answer or other form of pleading by the interested
parties, but upon reasonable notice, and, pending such hearing and the decisions thereon, the
commission, upon filing with such schedule and delivering to the public utility affected thereby a
statement in writing of its reasons for such suspension, may suspend the operation of such schedule
and defer the use of such rate, charge, classification, regulation or practice, but not for a longer period
than two hundred seventy days beyond the time when such rate, charge, classification, regulation or
practice would otherwise go into effect; and after full hearing, whether completed before or after the
rate, charge, classification, regulation or practice goes into effect, the commission may make such
order in reference to such rate, charge, classification, regulation or practice as would be proper in a
proceeding initiated after the rate, charge, classification, regulation or practice had become effective:
and Provided, That in the case of a public utility having two thousand five hundred customers or less
and which is not principally owned by any other public utility corporation or public utility holding corporation, the commission may suspend the operation of such schedule and defer the use of such
rate, charge, classification, regulation or practice, but not for a longer period than one hundred twenty
days beyond the time when such rate, charge, classification, regulation or practice would otherwise
go into effect; and in the case of a public utility having more than two thousand five hundred
customers, but not more than five thousand customers, and which is not principally owned by any
other public utility corporation or public utility holding corporation, the commission may suspend the
operation of such schedule and defer the use of such rate, charge, classification, regulation or practice,
but not for a longer period than one hundred fifty days beyond the time when such rate, charge,
classification, regulation or practice would otherwise go into effect; and in the case of a public utility
having more than five thousand customers, but not more than seven thousand five hundred customers,
and which is not principally owned by any other public utility corporation or public utility holding
corporation, the commission may suspend the operation of such schedule and defer the use of such
rate, charge, classification, regulation or practice, but not for a longer period than one hundred eighty
days beyond the time when such rate, charge, classification, regulation or practice would otherwise
go into effect; and after full hearing, whether completed before or after the rate, charge, classification,
regulation or practice goes into effect, the commission may make such order in reference to such rate,
charge, classification, regulation or practice as would be proper in a proceeding initiated after the rate,
charge, classification, regulation or practice had become effective:
Provided, however, That,
in the
case of rates established or proposed that increase by less than twenty-five percent of the gross
revenue of the public service district, there shall be no suspension period in the case of rates
established by a public service district pursuant to section nine, article thirteen-a, chapter sixteen of
this code, and the proposed rates of public service districts shall go into effect upon the date of filing
with the commission, subject to refund modification at the conclusion of the commission proceeding.
In the case of rates established or proposed that increase by more than twenty-five percent of the gross
revenue of the public service district, the district may apply for, and the commission may grant, a
waiver of the suspension period and allow rates to be effective upon the date of filing with the
commission. The public service district shall provide notice by Class 1 legal advertisement in a
newspaper of general circulation in its service territory of the percentage increase in rates at least fourteen days prior to the effective date of the increased rates. Any refund determined to be
determined to be due and owing as a result of any difference between any final rates approved the
commission and the rates placed into effect subject to refund shall be refunded by the public service
district as a credit against each customers account for a period of up to six months after entry of the
commissions final order. Any remaining balance which is not fully credited by credit within six
months after entry of the commissions final order shall be directly refunded to the customer by check:
Provided, further, That if any such hearing and decision thereon is not concluded within the periods
of suspension, as above stated, such rate, charge, classification, regulation or practice shall go into
effect at the end of such period not subject to refund: And provided further, That if any such rate,
charge, classification, regulation or practice goes into effect because of the failure of the commission
to reach a decision, the same shall not preclude the commission from rendering a decision with
respect thereto which would disapprove, reduce or modify any such proposed rate, charge,
classification, regulation or practice, in whole or in part, but any such disapproval, reduction or
modification shall not be deemed to require a refund to the customers of such utility as to any rate,
charge, classification, regulation or practice so disapproved, reduced or modified. The fact of any rate,
charge, classification, regulation or practice going into effect by reason of the commissions failure
to act thereon shall not affect the commissions power and authority to subsequently act with respect
to any such application or change in any rate, charge, classification, regulation or practice. Any rate,
charge, classification, regulation or practice which shall be approved, disapproved, modified or
changed, in whole or in part, by decision of the commission shall remain in effect as so approved,
disapproved, modified or changed during the period or pendency of any subsequent hearing thereon
or appeal therefrom. Orders of the commission affecting rates, charges, classifications, regulations
or practices which have gone into effect automatically at the end of the suspension period are
prospective in effect only. At any hearing involving a rate sought to be increased or involving the
change of any rate, charge, classification, regulation or practice, the burden of proof to show the
justness and reasonableness of the increased rate or proposed increased rate, or the proposed change
of rate, charge, classification, regulation or practice shall be upon the public utility making application
for such change. The commission shall, whenever practicable and within budgetary constraints, conduct one or more public hearings within the area served by the public utility making application
for such increase or change, for the purpose of obtaining comments and evidence on the matter from
local ratepayers.
Each public utility subject to the provisions of this section shall be required to establish, in
a written report which shall be incorporated into each general rate case application, that it has
thoroughly investigated and considered the emerging and state-of-the-art concepts in the utility
management, rate design and conservation as reported by the commission under subsection ©, section
one, article one of this chapter, as alternatives to, or in mitigation of, any rate increase. The utility
report shall contain as to each concept considered the reasons for adoption or rejection of each. When
in any case pending before the commission all evidence shall have been taken and the hearing
completed, the commission shall render a decision in such case. The failure of the commission to
render a decision with respect to any such proposed change in any such rate, charge, classification,
regulation or practice within the various time periods specified in this section after the application
therefor shall constitute neglect of duty on the part of the commission and each member thereof.
Where more than twenty members of the public are affected by a proposed change in rates,
it shall be a sufficient notice to the public within the meaning of this section if such notice is
published as a Class II legal advertisement in compliance with the provisions of article three, chapter
fifty-nine of this code, and the publication area for such publication shall be the community where
the majority of the resident members of the public affected by such change reside or, in case of
nonresidents, have their principal place of business within this state.
The commission may order rates into effect subject to refund, plus interest in the discretion
of the commission, in cases in which the commission determines that a temporary or interim rate
increase is necessary for the utility to avoid financial distress, or in which the costs upon which these
rates are based are subject to modification by the commission or another regulatory commission and
to refund to the public utility. In such case the commission may require such public utility to enter
into a bond in an amount deemed by the commission to be reasonable and conditioned upon the
refund to the persons or parties entitled thereto of the amount of the excess if such rates so put into
effect are subsequently determined to be higher than those finally fixed for such utility.
No utility may make application for a general rate increase while another general rate
application is pending before the commission and not finally acted upon, except pursuant to the
provisions of the next preceding paragraph of this section. The provisions of this paragraph shall not
be construed so as to prohibit any such rate application from being made while a previous application
which has been finally acted upon by the commission is pending before or upon appeal to the West
Virginia supreme court of appeals.
§24-2-4b. Procedures for changing rates of electric and natural gas cooperatives, local
exchange services of telephone cooperatives and municipally operated public utilities.
(a) The rates and charges of electric cooperatives, natural gas cooperatives and municipally
operated public utilities, except for municipally operated commercial solid waste facilities as defined
in section two, article fifteen, chapter twenty-two of this code, and the rates and charges for local
exchange services provided by telephone cooperatives are not subject to the rate approval provisions
of section four or four-a of this article, but are subject to the limited rate provisions of this section.
(b) All rates and charges set by electric cooperatives, natural gas cooperatives and municipally
operated public utilities and all rates and charges for local exchange services set by telephone
cooperatives shall be just, reasonable, applied without unjust discrimination or preference and based
primarily on the costs of providing these services. The rates and charges shall be adopted by the
electric, natural gas or telephone cooperatives governing board and in the case of the municipally
operated public utility by municipal ordinance to be effective not sooner than forty-five days after
adoption: Provided, That notice of intent to effect a rate change shall be specified on the monthly
billing statement of the customers of the utility for the month next preceding the month in which the
rate change is to become effective or the utility shall give its customers, and in the case of a
cooperative, its customers, members and stockholders, other reasonable notices as will allow filing
of timely objections to the rate change
or full participation in municipal rate legislation. The rates and
charges
or ordinance shall be filed with the commission, together with any information showing the
basis of the rates and charges and other information as the commission considers necessary. Any
change in the rates and charges with updated information shall be filed with the commission. If a
petition, as set out in subdivision (1), (2) or (3), subsection © of this section is received and the electric cooperative, natural gas cooperative or telephone cooperative or municipality has failed to
file with the commission the rates and charges with information showing the basis of rates and
charges and other information as the commission considers necessary, the suspension period
limitation of one hundred twenty days and the one hundred-day period limitation for issuance of an
order by a hearing examiner, as contained in subsections (d) and (e) of this section, is tolled until the
necessary information is filed. The electric cooperative, natural gas cooperative, telephone
cooperative or municipality shall set the date when any new rate or charge is to go into effect.
(c) The commission shall review and approve or modify the rates upon the filing of a petition
within thirty days of the adoption of the ordinance or resolution changing the rates or charges by:
(1) Any customer aggrieved by the changed rates or charges who presents to the commission
a petition signed by not less than twenty-five percent of the customers served by the municipally
operated public utility or twenty-five percent of the membership of the electric, natural gas or
telephone cooperative residing within the state;
(2) Any customer who is served by a municipally operated public utility and who resides
outside the corporate limits and who is affected by the change in the rates or charges and who presents
to the commission a petition alleging discrimination between customers within and without the
municipal boundaries. The petition shall be accompanied by evidence of discrimination; or
(3) Any customer or group of customers who are affected by the change in rates who reside
within the municipal boundaries and who present a petition to the commission alleging discrimination
between customer or group of customers and other customers of the municipal utility. The petition
shall be accompanied by evidence of discrimination.
(d)(1) The filing of a petition with the commission signed by not less than twenty-five percent
of the customers served by the municipally operated public utility or twenty-five percent of the
membership of the electric, natural gas or telephone cooperative residing within the state under
subdivision (1), subsection © of this section shall suspend the adoption of the rate change contained
in the ordinance or resolution for a period of one hundred twenty days from the date the rates or
charges would otherwise go into effect or until an order is issued as provided herein.
(d)(2) Upon sufficient showing of discrimination by customers outside the municipal
boundaries or a customer or a group of customers within the municipal boundaries under a petition
filed under subdivision (2) or (3), subsection © of this section, the commission shall suspend the
adoption of the rate change contained in the ordinance for a period of one hundred twenty days from
the date the rates or charges would otherwise go into effect or until an order is issued as provided
herein.
A municipal rate ordinance enacted pursuant to the provisions of this section and municipal
charter or state code that establishes or proposes a rate increase that results in an increase of less than
twenty-five percent of the gross revenue of the utility shall be presumed valid and rates shall be
allowed to go into effect, subject to refund, upon the date stated in that ordinance. In the case of rates
established or proposed that increase by more than twenty-five percent of the gross revenue of the
municipally operated public utility, the utility may apply for, and the commission may grant, a waiver
of the suspension period and allow rates to be effective upon enactment.
(e) The commission shall forthwith appoint a hearing examiner from its staff to review the
grievances raised by the petitioners. The hearing examiner shall conduct a public hearing and shall,
within one hundred days from the date the rates or charges would otherwise go into effect, unless
otherwise tolled as provided in subsection (b) of this section, issue an order approving, disapproving
or modifying, in whole or in part, the rates or charges imposed by the electric, natural gas or telephone
cooperative or by the municipally operated public utility pursuant to this section.
(f) Upon receipt of a petition for review of the rates under the provisions of subsection © of
this section, the commission may exercise the power granted to it under the provisions of section three
of this article,
consistent with the applicable rate provisions of section twenty, article ten, chapter
eight of this code, section four, article nineteen, chapter eight of this code, and section sixteen, article
thirteen, chapter sixteen of this code. The commission may determine the method by which the rates
are reviewed and may grant and conduct a de novo hearing on the matter if the customer, electric,
natural gas or telephone cooperative or municipality requests a hearing.
(g) A municipal utility shall be required to refund revenues collected from rates enacted that
are disapproved or modified upon subsequent order of the commission entered in a proceeding under
this section. Any refund determined to be due and owing as a result of any difference between the municipal rates placed into effect subject to refund and any final rates approved the commission shall
be refunded by the municipal utility as a credit against each customers account for a period of up to
six months after entry of the commissions final order. Any remaining balance which is not fully
refunded by credit within six months after entry of the commissions final order shall be directly
refunded to the individual customer by check.
_____(g) (h) The commission may, upon petition by a municipality or electric, natural gas or
telephone cooperative, allow an interim or emergency rate to take effect, subject to refund or future
modification, if it is determined that the interim or emergency rate is necessary to protect the
municipality from financial hardship attributable to the purchase of the utility commodity sold, or the
commission determines that a temporary or interim rate increase is necessary for the utility to avoid
financial distress. In such cases, the commission shall waive the 45-day waiting period provided for
in subsection (b) of this section and the one hundred twenty-day suspension period provided for in
subsection (d) of this section.
(h) (i) Notwithstanding any other provision, the commission has no authority or responsibility
with regard to the regulation of rates, income, services or contracts by municipally operated public
utilities for services which are transmitted and sold outside of the State of West Virginia."
And,
By amending the title of the bill to read as follows:
H. B. 4601 - "A Bill to amend and reenact §16-13A-18a of the Code of West Virginia, 1931,
as amended; and to amend and reenact §24-2-4a and §24-2-4b of said code, all relating to fiscal
management and regulation of publicly owned utilities; waiving certain cash distribution requirements
in the case of a sale between two political subdivisions; eliminating a suspension period for a rate
increase established by municipal rate ordinance or enacted by a public service district that increases
rates less than twenty-five percent of gross revenues; providing a process to apply for a waiver of the
suspension period for rates established by municipal rate ordinance or enacted by a public service
district that increases rates by more than twenty-five percent of gross revenues;
and providing a refund
procedure for proposed municipal or public service district rate increase in certain circumstances."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 486), and there were--yeas
74, nays 23, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Arvon, Border, Butler, Cadle, Cowles, Ellington, Espinosa, Faircloth, Folk,
Frich, Gearheart, Hamrick, Householder, Howell, Kump, Lane, Miller, Overington, R. Smith,
Sobonya, Sumner and Westfall.
Absent and Not Voting: J. Nelson, Raines and Walters.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4601) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Conference Committee Report
Delegate Hunt, from the Committee of Conference on matters of disagreement between the
two houses, as to
Com. Sub. for H. B. 4298, Changing the experience requirements of the composition of the
members of the West Virginia Ethics Commission.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendment of the Senate to Engrossed Committee Substitute for House Bill No. 4298 having met,
after full and free conference, have agreed to recommend and do recommend to their respective
houses, as follows:
That both houses recede from their respective positions as to the amendments of the Senate
striking out everything following the enacting section and inserting new language, and agree to the
same as follows:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES;
DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS
AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES;
CODE OF CONDUCT FOR ADMINISTRATIVE LAW JUDGES.
§6B-2-1. West Virginia Ethics Commission created; members; appointment, term of office and
oath; compensation and reimbursement for expenses; meetings and quorum.
(a)
There is hereby created The West Virginia Ethics Commission
is continued.
consisting of
twelve members, no more than seven of whom shall be members of the same political party. The
members of the commission shall be appointed by the Governor with the advice and consent of the
Senate.
Within thirty days of the effective date of this section, the Governor shall make the initial
appointments to the commission.
(b) No person may be appointed to the commission or continue to serve as a member of the
commission who:
(1) Holds elected or appointed office under the government of the United States, the State of
West Virginia or any of its political subdivisions;
or who
(2) Is a candidate for any
of those offices political office; who is employed as a registered
lobbyist, or who
(3) Is otherwise subject to the provisions of this chapter other than by reason of his or her
appointment to or service on the commission;
or A member may contribute to a political campaign,
but no member shall hold
(4) Holds any political party office or
participate participates in a campaign relating to a
referendum or other ballot issue:
Provided, That a member may contribute to a political campaign.
(b) At least two members of the commission shall have served as a member of the West
Virginia Legislature; at least two members of the commission shall have been employed in a full-time
elected or appointed office in state government; at least one member shall have served as an elected
official in a county or municipal government or on a county school board; at least one member shall
have been employed full-time as a county or municipal officer or employee; and at least two members
shall have served part time as a member or director of a state, county or municipal board, commission
or public service district and at least four members shall be selected from the public at large. No more
than four members of the commission shall reside in the same congressional district.
(c) Of the initial appointments made to the commission, two shall be for a term ending one
year after the effective date of this section, two for a term ending two years after the effective date of this section, two for a term ending three years after the effective date of this section, three for a term
ending four years after the effective date of this section and three shall be for terms ending five years
after the effective date of this section. Thereafter, terms of office shall be for five years, each term
ending on the same day of the same month of the year as did the term which it succeeds. Each
member shall hold office from the date of his or her appointment until the end of the term for which
he or she was appointed or until his or her successor qualifies for office. When a vacancy occurs as
a result of death, resignation or removal in the membership of this commission, it shall be filled by
appointment within thirty days of the vacancy for the unexpired portion of the term in the same
manner as original appointments.
(c) Commencing July 1, 2014, the Ethics Commission shall consist of the following nine
members, appointed with staggered terms:
_____(1) One member who served as a member of the West Virginia Legislature;
_____(2) One member who served as an elected or appointed county official;
_____(3) One member who served as an elected or appointed municipal official;
_____(4) One member who served as an elected county school board member;
_____(5) One member from a rural area; and
_____(6) Four citizen members._____
_____(d) Any Commission member in office on June 30, 2014, who meets one of the categories for
membership set out in subsection (c) of this section, may be reappointed. No more than five members
of the Commission shall be of the same political party and no more than four members shall be from
the same congressional district.
_____(e) After the initial staggered terms, the term of office for a Commission member is five years.
No member shall serve more than two consecutive full or partial terms. and No person may
be reappointed to the commission until at least two years have elapsed after the completion of a the
second successive consecutive term. A member may continue to serve until a successor has been
appointed and qualified.
_____(f) All appointments shall be made by the Governor in a timely manner so as not to create a
vacancy for longer than sixty days.
_____(g) Each member must be a resident of this state during the appointment term.
_____(h) Five members of the commission constitutes a quorum.
(d) (i) Each member of the commission shall take and subscribe to the oath or affirmation
required pursuant to section five, article IV of the Constitution of West Virginia.
(j) A member may be removed by the Governor for substantial neglect of duty, gross
misconduct in office or a violation of this chapter, after written notice and opportunity for reply.
(e) (k) The commission, as appointed on July 1, 2014, shall meet within thirty days of the
initial appointments to the commission before August 1, 2014, at a time and place to be determined
by the Governor, who shall designate a member to preside at that meeting until a chairman
chairperson is elected. At its the first meeting, the commission shall elect a chairman chairperson and
any other officers as are necessary. The commission shall within ninety days after its the first meeting
adopt rules for its procedures. The commission may use the rules in place on July 1, 2014, until those
rules are amended or revoked.
_____(f) Seven members of the commission shall constitute a quorum, except that when the
commission is sitting as a hearing board pursuant to section four of this article, then five members
shall constitute a quorum. Except as may be otherwise provided in this article, a majority of the total
membership shall be necessary to act at all times.
(g) (l) Members of the commission shall receive the same compensation and expense
reimbursement as is paid to members of the Legislature for their interim duties as recommended by
the Citizens Legislative Compensation Commission and authorized by law for each day or portion
thereof engaged in the discharge of official duties: Provided, That to be eligible for compensation
and expense reimbursement, the member must participate in a meeting or adjudicatory session:
Provided, however, That the member is not eligible for expense reimbursement if he or she does not
attend a meeting or adjudicatory session in person.
(h) (m) The commission shall appoint an executive director to assist the commission in
carrying out its functions in accordance with commission rules and with applicable law. The
executive director shall be paid a salary fixed by the commission or as otherwise provided by law.
The commission shall appoint and discharge counsel and employees and shall fix the compensation of employees and prescribe their duties. Counsel to the commission shall advise the commission on
all legal matters and on the instruction of the commission may commence appropriate civil actions:
Provided, That no counsel shall both advise the commission and act in a representative capacity in
any proceeding.
(i) (n) The commission may delegate authority to the chairman chairperson or the executive
director to act in the name of the commission between meetings of the commission, except that the
commission shall not delegate the power to hold hearings and determine violations to the chairman
chairperson or the executive director.
(j) (o) The principal office of the commission shall be in the seat of government, but it or its
designated subcommittees may meet and exercise its power at any other place in the state. Meetings
of the commission shall be public unless:
(1) They are required to be private by the provisions of this chapter relating to confidentiality;
or
(2) They involve discussions of commission personnel, planned or ongoing litigation, and
planned or ongoing investigations.
(k) (p) Meetings of the commission shall be upon the call of the chair chairperson and may
be conducted by telephonic or other electronic conferencing means: Provided, That telephone or
other electronic conferencing, and voting are not permitted when the commission is acting as a
hearing board under section four of this article, or when the Probable Cause Review Board meets to
receive an oral response as authorized under subsection (d), section four of this article. Members
shall be given notice of meetings held by telephone or other electronic conferencing in the same
manner as meetings at which the members are required to attend in person. Telephone or other
electronic conferences shall be electronically recorded and the recordings shall be retained by the
commission in accordance with its record retention policy.
And,
That both houses recede from their respective positions as to the title of the bill and agree to
a new title as follows:
Com. Sub. for H. B. 4298 - "A Bill to amend and reenact §6B-2-1 of the Code of West
Virginia, 1931, as amended, relating to the West Virginia Ethics Commission; continuing the Ethics
Commission; changing the requirements of who can be a member of the Ethics Commission; reducing
the number of members on the Ethics Commission to nine; and changing the composition of the
membership."
Respectfully submitted,
Mark Hunt,Bob Williams,
John Pino, Ronald F. Miller,
John N. Ellem,Dave Sypolt,
Conferees on the partConferees on the part of
of the House of Delegates.the Senate.
On motion of Delegate Hunt, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 487), 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: J. Nelson, Raines and Walters.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4298) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Pethtel, from the Committee of Conference on matters of disagreement between the
two houses, as to
Com. Sub. for S. B. 477, Providing teachers determine use of time during planning period.
Submitted the following report, which was received:
Your Committee of Conference on the disagreeing votes of the two houses as to the
amendments of the House to Engrossed Committee Substitute for Senate Bill No. 477 having met,
after full and free conference, have agreed to recommend and do recommend to their respective
houses, as follows:
That both houses recede from their respective positions as to the amendment of the House,
striking out everything after the enacting section, and agree to the same as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-14. Duty-free lunch and daily planning period for certain employees.
(a) Notwithstanding the provisions of section seven, article two of this chapter, every teacher
who is employed for a period of time more than one half the class periods of the regular school day
and every service person whose employment is for a period of more than three and one-half hours per
day and whose pay is at least the amount indicated in the state minimum pay scale as set forth in
section eight-a of this article shall be provided a daily lunch recess of not less than thirty consecutive
minutes, and the employee shall not be assigned any responsibilities during this recess. The recess
shall be included in the number of hours worked, and no county shall increase the number of hours
to be worked by an employee as a result of the employee being granted a recess under the provisions
of this section.
(b) Every teacher who is regularly employed for a period of time more than one half the class
periods of the regular school day shall be provided at least one planning period within each school
instructional day to be used to complete necessary preparations for the instruction of pupils. No
teacher may be assigned any responsibilities during this period, and no county shall increase the
number of hours to be worked by a teacher as a result of such teacher being granted a planning period
subsequent to the adoption of this section (March 13, 1982). The use of the entire period of time
allotted for a planning period is determined by the teacher. Administrators may not require a teacher
to attend meetings, training or any other work-related event during a planning period. This does not
prohibit any teacher from participating in school-related activities, teacher evaluation conferences,
or conducting school-related meetings, as prescribed, at his or her discretion. 'Meeting' for the
purpose of this section includes, but is not limited to, IEP meetings, 504 Plan meetings, team
meetings, and parent-teacher conferences. A planning period begins once students are physically
delivered to another teacher or dismissed from a class.
The duration of the planning period shall be in accordance with the following:
(1) For grades where the majority of the student instruction is delivered by only one teacher,
the planning period shall be no less than forty minutes; and
(2) For grades where students take separate courses during at least four separate periods of
instruction, most usually delivered by different teachers for each subject, the planning period shall
be the length of the usual class period taught by the teacher, but no less than forty minutes.
Principals, and assistant principals, where applicable, shall cooperate in carrying out the provisions
of this subsection, including, but not limited to, assuming control of the class period or supervision
of students during the time the teacher is engaged in the planning period. Substitute teachers may also
be utilized to assist with classroom responsibilities under this subsection: Provided, That any
substitute teacher who is employed to teach a minimum of two consecutive days in the same position
shall be granted a planning period pursuant to this section.
(c) Nothing in this section prevents any teacher from exchanging his or her lunch recess or a
planning period or any service person from exchanging his or her lunch recess for any compensation
or benefit mutually agreed upon by the employee and the county superintendent or his or her agent:
Provided, That a teacher and the superintendent or his or her agent may not agree to terms which are
different from those available to any other teacher granted rights under this section within the
individual school or to terms which in any way discriminate among those teachers within the
individual school, and a service person granted rights under this section and the superintendent or his
or her agent may not agree to terms which are different from those available to any other service
personnel within the same classification category granted rights under this section within the
individual school or to terms which in any way discriminate among those service personnel within
the same classification category within the individual school.
(d) The state board shall conduct a study on planning periods. The study shall include, but
not be limited to, the appropriate length for planning periods at the various grade levels and for the
different types of class schedules. The board shall report its findings and recommendations to the
Legislative Oversight Commission on Education Accountability no later than December 31, 2013.
And,
That both houses recede from their respective positions as to the title of the bill and agree to
the same as follows:
Com. Sub. for S. B. 477 - "A Bill to amend and reenact §18A-4-14 of the Code of West
Virginia, 1931, as amended, relating to daily planning periods for certain school employees; providing
that teachers determine the use of time for a planning period; prohibiting administrators from
requiring teachers to attend meetings, training or work-related events during planning period;
allowing for teacher discretion; defining 'meeting'; and setting forth when a planning period begins.
Respectfully submitted,
Gregory A. Tucker,David Pethtel,
Daniel Hall, Linda Sumner,
Donna J. Boley,Larry A. Williams,
Conferees on the partConferees on the part of
of the Senatethe House of Delegates.
On motion of Delegate Pethtel, the report of the Committee of Conference was adopted.
The bill, as amended by said report, was then put upon its passage.
On passage of the bill, the yeas and nays were taken (Roll No. 488), and there were--yeas 97,
nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Andes
Absent and Not Voting: J. Nelson and Raines.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 477) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
At the request of Delegate White, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Introduction of Resolutions
Mr. Speaker, Mr. Miley, and Delegate Skaff offered the following resolution, which was read
by its title and referred to the Committee on Rules:
H. R. 16 - "Creating an Interim Select Committee on Small Business, Entrepreneurship and
Economic Development for the Eighty-first Legislature."
Resolved by the House of Delegates:
That for a period of time not to exceed the term of the eighty-first Legislature there is hereby
created an House Interim Select Committee on Small Business, Entrepreneurship and Economic
Development. This interim committee shall consist of members of The House of Delegates who are
small business owners or who have experience in small business to be appointed by the Speaker; and,
be it
Further Resolved, That this committee during interim meetings study small business,
entrepreneurship, e-commerce, e-government, economic development, job creation, commerce
generally and related issues as the Speaker may deem appropriate; and, be it
Further Resolved, That the House of Delegates hereby authorizes the Interim Select
Committee on Small Business, Entrepreneurship and Economic Development to meet and be paid
during scheduled interim meetings for the Legislature; and, be it
Further Resolved, That the Interim Select Committee on Small Business, Entrepreneurship
and Economic Development may meet at other times and locations to be determined by the chairman,
subject to the approval of the Speaker of the House of Delegates; and, be it
Further Resolved, That the Committee report to the House of Delegates at the 2015 regular
session, on its findings, conclusions and recommendations, together with drafts of any legislation
necessary to effectuate its recommendations; and, be it
Further Resolved, That the members and staff of the Committee on Small Business,
Entrepreneurship and Economic Development are hereby authorized to receive payment of travel
expenses.
At the respective requests of Delegate White, and by unanimous consent, reference of the
resolution (H. R. 16) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Mr. Speaker, Mr. Miley, and Delegate L. Phillips offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. R. 17 - "Requesting the House of Delegates Womens Caucus, acting as an Interim Select
Committee, study crimes against children."
Whereas, The House of Delegates Womens Caucus wishes to examine the West Virginia
Code for the purpose of more thoroughly defining the child abuse and neglect code; and
Whereas, The Womens Caucus believes there is need to hire more experienced officers to
aid the Crimes Against Children Unit of the West Virginia State Police; and
Whereas, The financial responsibility of adding more experienced officers is a concern of
the Womens Caucus; and
Whereas, The Caucus feels the need to examine how the maintenance of the Sex Offender
Registry is carried out in a timely manner; and
Whereas, The Internet Crimes Against Children Unit of the West Virginia State Police is also
an interest of the Womens Caucus, particularly if changes in the State Code are needed in order to
make the Unit more effective; therefore, be it
Resolved by the House of Delegates:
That the West Virginia House of Delegates Womens Caucus is hereby requested to act as an
Interim Select Committee to study crimes against children; and, be it
Further Resolved, That the Committee report to the House of Delegates at the 2015 regular
session, 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 House of Delegates.
At the respective requests of Delegate White, and by unanimous consent, reference of the
resolution (H. R. 17) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Com. Sub. for S. B. 252, Allowing certain expelled students to return to school through
Juvenile Drug Court, still being in possession of the Clerk, was taken up for further consideration.
On motion of Delegate Manchin, the vote on the adoption of the title of the bill was
reconsidered.
On motion of Delegate Manchin, the House of Delegates then reconsidered the vote on the
passage of the bill.
On motion of Delegate Manchin, the adoption of the amendment recommended by the
Committee on the Judiciary was taken up for further consideration.
Whereupon,
Delegate Manchin asked and obtained unanimous consent that the amendment be withdrawn.
At the request of Delegate Manchin, and by unanimous consent, the rule was suspended to
permit the offering and consideration of an amendment on third reading.
On motion of Delegates Manchin and M. Poling, the bill was amended on page two, following
the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the
following language:
"
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-1a. Possessing deadly weapons on premises of educational facilities; possessing a
controlled substance on premises of educational facilities; assaults and
batteries committed by students upon teachers or other school personnel;
temporary suspension, hearing; procedure, notice and formal hearing;
extended suspension; sale of narcotic; expulsion; exception; alternative
education.
(a) A principal shall suspend a
pupil student from school or from transportation to or from the
school on any school bus if the
pupil student, in the determination of the principal after an informal
hearing pursuant to subsection (d) of this section, has: (i) Violated the provisions of subsection (b),
section fifteen, article two, chapter sixty-one of this code; (ii) violated the provisions of subsection
(b), section eleven-a, article seven of said chapter; or (iii) sold a narcotic drug, as defined in section
one hundred one, article one, chapter sixty-a of this code, on the premises of an educational facility,
at a school-sponsored function or on a school bus. If a student has been suspended pursuant to this
subsection, the principal shall, within twenty-four hours, request that the county superintendent recommend to the county board that the student be expelled. Upon such a request by a principal, the
county superintendent shall recommend to the county board that the student be expelled. Upon such
recommendation, the county board shall conduct a hearing in accordance with subsections (e), (f) and
(g) of this section to determine if the student committed the alleged violation. If the county board
finds that the student did commit the alleged violation, the county board shall expel the student.
(b) A principal shall suspend a
pupil student from school, or from transportation to or from
the school on any school bus, if the
pupil student, in the determination of the principal after an
informal hearing pursuant to subsection (d) of this section, has: (i) Committed an act or engaged in
conduct that would constitute a felony under the laws of this state if committed by an adult; or (ii)
unlawfully possessed on the premises of an educational facility or at a school-sponsored function a
controlled substance governed by the uniform controlled substances act as described in chapter sixty-a
of this code. If a student has been suspended pursuant to this subsection, the principal may request
that the superintendent recommend to the county board that the student be expelled. Upon such
recommendation by the county superintendent, the county board may hold a hearing in accordance
with the provisions of subsections (e), (f) and (g) of this section to determine if the student committed
the alleged violation. If the county board finds that the student did commit the alleged violation, the
county board may expel the student.
(c) A principal may suspend a
pupil student from school, or transportation to or from the
school on any school bus, if the
pupil student, in the determination of the principal after an informal
hearing pursuant to subsection (d) of this section: (i) Threatened to injure, or in any manner injured,
a
pupil student, teacher, administrator or other school personnel; (ii) willfully disobeyed a teacher;
(iii) possessed alcohol in an educational facility, on school grounds, a school bus or at any school-
sponsored function; (iv) used profane language directed at a school employee or
pupil student; (v)
intentionally defaced any school property; (vi) participated in any physical altercation with another
person while under the authority of school personnel; or (vii) habitually violated school rules or
policies. If a student has been suspended pursuant to this subsection, the principal may request that
the superintendent recommend to the county board that the student be expelled. Upon such
recommendation by the county superintendent, the county board may hold a hearing in accordance with the provisions of subsections (e), (f) and (g) of this section to determine if the student committed
the alleged violation. If the county board finds that the student did commit the alleged violation, the
county board may expel the student.
(d) The actions of any
pupil student which may be grounds for his or her suspension or
expulsion under the provisions of this section shall be reported immediately to the principal of the
school in which the
pupil student is enrolled. If the principal determines that the alleged actions of
the
pupil student would be grounds for suspension, he or she shall conduct an informal hearing for
the
pupil student immediately after the alleged actions have occurred. The hearing shall be held
before the
pupil student is suspended unless the principal believes that the continued presence of the
pupil student in the school poses a continuing danger to persons or property or an ongoing threat of
disrupting the academic process, in which case the
pupil student shall be suspended immediately and
a hearing held as soon as practicable after the suspension.
The
pupil student and his or her parent(s), guardian(s) or custodian(s), as the case may be,
shall be given telephonic notice, if possible, of this informal hearing, which notice shall briefly state
the grounds for suspension.
At the commencement of the informal hearing, the principal shall inquire of the
pupil student
as to whether he or she admits or denies the charges. If the
pupil student does not admit the charges,
he or she shall be given an explanation of the evidence possessed by the principal and an opportunity
to present his or her version of the occurrence. At the conclusion of the hearing or upon the failure
of the noticed student to appear, the principal may suspend the
pupil student for a maximum of ten
school days, including the time prior to the hearing, if any, for which the
pupil student has been
excluded from school.
The principal shall report any suspension the same day it has been decided upon, in writing,
to the parent(s), guardian(s) or custodian(s) of the
pupil student by regular United States mail. The
suspension also shall be reported to the county superintendent and to the faculty senate of the school
at the next meeting after the suspension.
(e) Prior to a hearing before the county board, the county board shall cause a written notice
which states the charges and the recommended disposition to be served upon the
pupil student and his or her parent(s), guardian(s) or custodian(s), as the case may be. The notice shall state clearly
whether the board will attempt at hearing to establish the student as a dangerous student, as defined
by section one, article one of this chapter. The notice also shall include any evidence upon which the
board will rely in asserting its claim that the student is a dangerous student. The notice shall set forth
a date and time at which the hearing shall be held, which date shall be within the ten-day period of
suspension imposed by the principal.
(f) The county board shall hold the scheduled hearing to determine if the
pupil student should
be reinstated or should or, under the provisions of this section, must be expelled from school. If the
county board determines that the student should or must be expelled from school, it also may
determine whether the student is a dangerous student pursuant to subsection (g) of this section. At
this, or any hearing before a county board conducted pursuant to this section, the
pupil student may
be represented by counsel, may call his or her own witnesses to verify his or her version of the
incident and may confront and cross examine witnesses supporting the charge against him or her. The
hearing shall be recorded by mechanical means unless recorded by a certified court reporter. The
hearing may be postponed for good cause shown by the
pupil student but he or she shall remain under
suspension until after the hearing. The State Board may adopt other supplementary rules of procedure
to be followed in these hearings. At the conclusion of the hearing the county board shall either: (1)
Order the
pupil student reinstated immediately at the end of his or her initial suspension; (2) suspend
the
pupil student for a further designated number of days; or (3) expel the
pupil student from the
public schools of the county.
(g) A county board that did not intend prior to a hearing to assert a dangerous student claim,
that did not notify the student prior to the hearing that a dangerous student determination would be
considered and that determines through the course of the hearing that the student may be a dangerous
student shall schedule a second hearing within ten days to decide the issue. The hearing may be
postponed for good cause shown by the
pupil student, but he or she remains under suspension until
after the hearing.
A county board that expels a student, and finds that the student is a dangerous student, may
refuse to provide alternative education. However, after a hearing conducted pursuant to this section for determining whether a student is a dangerous student, when the student is found to be a dangerous
student, is expelled and is denied alternative education, a hearing shall be conducted within three
months after the refusal by the board to provide alternative education to reexamine whether or not the
student remains a dangerous student and whether the student shall be provided alternative education.
Thereafter, a hearing for the purpose of reexamining whether or not the student remains a dangerous
student and whether the student shall be provided alternative education shall be conducted every three
months for so long as the student remains a dangerous student and is denied alternative education.
During the initial hearing, or in any subsequent hearing, the board may consider the history of the
pupils students conduct as well as any improvements made subsequent to the expulsion. If it is
determined during any of the hearings that the student is no longer a dangerous student or should be
provided alternative education, the student shall be provided alternative education during the
remainder of the expulsion period.
(h) The superintendent may apply to a circuit judge or magistrate for authority to subpoena
witnesses and documents, upon his or her own initiative, in a proceeding related to a recommended
student expulsion or dangerous student determination, before a county board conducted pursuant to
the provisions of this section. Upon the written request of any other party, the superintendent shall
apply to a circuit judge or magistrate for the authority to subpoena witnesses, documents or both on
behalf of the other party in a proceeding related to a recommended student expulsion or dangerous
student determination before a county board. If the authority to subpoena is granted, the
superintendent shall subpoena the witnesses, documents or both requested by the other party.
Furthermore, if the authority to subpoena is granted, it shall be exercised in accordance with the
provisions of section one, article five, chapter twenty-nine-a of this code.
Any hearing conducted pursuant to this subsection may be postponed: (1) For good cause
shown by the
pupil student; (2) when proceedings to compel a subpoenaed witness to appear must
be instituted; or (3) when a delay in service of a subpoena hinders either partys ability to provide
sufficient notice to appear to a witness. A
pupil student remains under suspension until after the
hearing in any case where a postponement occurs.
The county boards are directed to report the number of
pupils students determined to be
dangerous students to the State Board.
of Education The State Board will compile the county boards
statistics and shall report its findings to the Legislative Oversight Commission on Education
Accountability.
(i)
Pupils Students may be expelled pursuant to
the provisions of this section for a period not
to exceed one school year, except that if a
pupil student is determined to have violated the provisions
of subsection (a) of this section the
pupil student shall be expelled for a period of not less than twelve
consecutive months,
subject to the following:
(1) Provided, That the The county superintendent may lessen the mandatory period of twelve
consecutive months for the expulsion of the
pupil student if the circumstances of the
pupils students
case demonstrably warrant;
(2) Upon the reduction of the period of expulsion, the county superintendent shall prepare a
written statement setting forth the circumstances of the
pupils students case which warrant the
reduction of the period of expulsion. The county superintendent shall submit the statement to the
county board, the principal, the faculty Senate and the local school improvement council for the
school from which the
pupil student was expelled. The county superintendent may use the following
factors as guidelines in determining whether or not to reduce a mandatory twelve-month expulsion:
(1) (A) The extent of the
pupils students malicious intent;
(2) (B) The outcome of the
pupils students misconduct;
(3) (C) The
pupils students past behavior history;
and
(4) (D) The likelihood of the
pupils students repeated misconduct;
and
____(E) If applicable, successful completion or making satisfactory progress toward successful
completion of Juvenile Drug Court pursuant to section one-d of this section.
(j) In all hearings under this section, facts shall be found by a preponderance of the evidence.
(k) For purposes of this section, nothing herein may be construed to be in conflict with the
federal provisions of the Individuals with Disabilities Education Act, 20 U. S. C. §1400
et seq.
(l) Each suspension or expulsion imposed upon a
pupil student under the authority of this
section shall be recorded in the uniform integrated regional computer information system (commonly known as the West Virginia Education Information System) described in subsection (f), section
twenty-six, article two, chapter eighteen of this code.
(1) The principal of the school at which the
pupil student is enrolled shall create an electronic
record within twenty-four hours of the imposition of the suspension or expulsion.
(2) Each record of a suspension or expulsion shall include the
pupils students name and
identification number, the reason for the suspension or expulsion and the beginning and ending dates
of the suspension or expulsion.
(3) The State Board
of Education shall collect and disseminate data so that any principal of
a public school in West Virginia can review the complete history of disciplinary actions taken by
West Virginia public schools against any
pupil student enrolled or seeking to enroll at that principals
school. The purposes of this provision are to allow every principal to fulfill his or her duty under
subsection (b), section fifteen-f, article five, chapter eighteen of this code to determine whether a
pupil student requesting to enroll at a public school in West Virginia is currently serving a suspension
or expulsion from another public school in West Virginia and to allow principals to obtain general
information about
pupils students disciplinary histories.
(m) Principals may exercise any other authority and perform any other duties to discipline
pupils students consistent with state and federal law, including policies of the State Board.
of
Education
(n) Each county board is solely responsible for the administration of proper discipline in the
public schools of the county and shall adopt policies consistent with the provisions of this section to
govern disciplinary actions.
(o) For the purpose of this section, principal means the principal, assistant principal, vice
principal or the administrative head of the school or a professional personnel designee of the principal
or the administrative head of the school.
§18A-5-1d. Return to school through Juvenile Drug Court for certain students.
__________(a) When a student is expelled from school pursuant to section one-a of this article, the county
board, county superintendent or principal for the school from which the student was expelled or the
parent, guardian or custodian may refer the student to a Juvenile Drug Court, operated pursuant to section two-b, article five, chapter forty-nine of this code. Upon such referral, the judge assigned to
Juvenile Drug Court shall determine whether the student is an appropriate candidate for Juvenile Drug
Court.
__________(b) If the judge determines the student is an appropriate candidate for Juvenile Drug Court,
then the court has jurisdiction over the student in the same manner as it has jurisdiction over all other
persons in Juvenile Drug Court. Such jurisdiction over students includes the ability to issue any of
the various sanctions available to the Juvenile Drug Court, including temporary detention.
__________(c)(1) Successful completion of Juvenile Drug Court or certification by the Juvenile Drug
Court judge that the student is making satisfactory progress toward successful completion of Juvenile
Drug Court warrants consideration for reduction of the expulsion period, pursuant to section one-a
of this article.
__________(2) The Juvenile Drug Court shall notify the county superintendent of such completion or
certification. The county superintendent shall arrange a meeting with the Juvenile Drug Court
treatment team, the court, and the Student Assistance Team of the school from which the student was
expelled to discuss the students history, progress and potential for improvement.
__________(3) The Student Assistance Team shall evaluate and recommend whether the students
expulsion period should be reduced and the student reinstated in school.
__________(4) The Student Assistance Teams recommendation shall be presented to the superintendent,
who shall make the final determination. The superintendent shall prepare a statement detailing
reasons for or against school reinstatement and submit the statement to the county board. If the
superintendent determines to reduce the expulsion period, he or she shall submit the statement
required by subsection (i), section one-a of this article and place the student in an appropriate school
within the district.
__________(5) A student to be reinstated shall be permitted to return to school no later than the tenth
regular school day following notice by the court to the superintendent regarding the students
successful completion or satisfactory progress toward successful completion of Juvenile Drug Court."
There being no further amendments, the bill was then read a third time.
The bill was then put upon its passage.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 489),
and there were--yeas 96, nays none, absent and not voting 4, with the nays and absent and not voting
being as follows:
Absent and Not Voting: Moore, J. Nelson, Raines and Skaff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 252) passed.
On motion of Delegate Manchin, the title of the bill was amended to read as follows:
Com. Sub. for S. B. 252 - "A Bill to amend and reenact §18A-5-1a of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§18A-5-1d, all relating to allowing a school expulsion period to be reduced for certain student
participants in Juvenile Drug Court; specifying individuals who may refer an expelled student to
Juvenile Drug Court; designating responsibilities of Juvenile Drug Court, judge and treatment team
of Juvenile Drug Court, county superintendent and Student Assistance Team; granting Juvenile Drug
Court jurisdiction over certain students; providing that successful completion or satisfactory progress
toward successful completion of Juvenile Drug Court warrants consideration for reduced expulsion
period; recommendations and determinations regarding expulsion period reduction; and providing
for reinstatement of students in school, subject to approval of the superintendent."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Messages from the Senate
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. 2387, Relating to reasonable accommodations under the West Virginia
Fair Housing Act for persons with disabilities who need assistive animals.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page thirteen, section five, line one hundred forty-one, by striking out the word "assistive"
and inserting in lieu thereof the word "assistance".
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2387 - "A Bill to amend and reenact §5-11A-3, §5-11A-5, §5-11A-6 and
§5-11A-7 of the Code of West Virginia, 1931, as amended, all relating to reasonable accommodations
under the West Virginia Fair Housing Act for persons with disabilities who need assistance animals;
defining terms; requiring rules, policies, practices and services related to animals to be subject to
reasonable accommodation; providing for the submission of documentation of the disability related
need for the assistance animal; providing for the sufficiency of the requested documentation;
prohibiting a request for access to medical records or providers; providing for the denial of a request
for an accommodation of an assistance animal under certain circumstances; requiring a determination
of a direct threat or substantial physical damage to be based on individualized assessment; prohibiting
an unreasonable denial of accommodation; and replacing the term handicapped with the term
disability throughout the article."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken
(Roll No. 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: Marshall, J. Nelson, Raines and Skaff.
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. 2387) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 3156, Granting a labor organization a privilege from being compelled
to disclose any communication or information the labor organization or agent received or acquired
in confidence from an employee.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof
the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
section, designated §6C-2-8, to read as follows:
ARTICLE 2. WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE PROCEDURE.
§6C-2-8. Employee organizations may not be compelled to disclose certain communications;
exceptions.
(a) Except as otherwise provided in this section, an employee organization or an agent of an
employee organization may not be compelled to disclose any communication or information the
employee organization or agent received or acquired in confidence from a public employee, while the
employee organization or agent was acting in a representative capacity concerning a public employee
grievance or an investigation of a potential public employee grievance, regardless of whether the
public employee is a member of the employee organization: Provided, That the confidentiality
established under this section does not apply to written communications between the employee and
the employee organization.
(b) (1) The confidentiality established under this section applies only to the extent that the
communication or information is germane to a grievance or potential grievance of the employee.
(2) The confidentiality established under this subsection continues after termination of:
(A) The employees employment; or
(B) The representative relationship of the employee organization or its agent with the public
employee.
(3) The confidentiality established under this subsection protects the communication or
information received or acquired by the employee organization or its agent, but does not protect the employee from being compelled to disclose, to the extent provided by law, the facts underlying the
communication or information.
(c) The protection for confidential communications provided by this section only extends to
proceedings under the public employees grievance procedure. Nothing in this section may be
construed to extend the confidentiality to circuit court proceedings or other proceedings outside of
the public employees grievance procedure.
(d) An employee organization or its agent shall disclose to the employer as soon as possible
a communication or information described in subsection (a) of this section to the extent the employee
organization or its agent reasonably believes:
(1) It is necessary to prevent certain death or substantial bodily harm.
(2) It is necessary to prevent the employee from committing a crime, fraud or any act that is
reasonably certain to result in substantial injury to the financial interests or property of another or to
rectify or mitigate any such action after it has occurred;
(3) The communication or information constitutes an admission that the employee has
committed a crime; or
(4) It is necessary to comply with a court order or other law.
(e) An employee organization or its agent may disclose a communication or information
described in subsection (a) of this section in order to:
(1) Secure legal advice about the compliance of the employee organization or its agent with
a court order or other law;
(2) Establish a claim or defense on behalf of the employee organization or its agent in a
controversy between the employee and the employee organization or its agent;
(3) Establish a defense to a criminal charge or civil claim against the employee organization
or its agent based on conduct in which the employee was involved; or
(4) Respond to allegations in any proceeding concerning the performance of professional
duties by the employee organization or its agent on behalf of the employee.
(f) An employee organization or its agent may disclose a communication or information
described in subsection (a) of this section, without regard to whether the disclosure is made within
the public employees grievance procedure, in the following circumstances:
(1) The employee organization has obtained the express written or oral consent of the
employee;
(2) The employee has, by other act or conduct, waived the confidentiality of the
communication or information; or
(3) The employee is deceased or has been adjudicated incompetent by a court of competent
jurisdiction and the employee organization has obtained the written or oral consent of the personal
representative of the employees estate or of the employees guardian.
(g) If there is a conflict between the application of this section and any federal or state labor
law, the provisions of the federal or other state law shall control."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 3156 - "A Bill to amend the Code of West Virginia, 1931, as amended,
be amended by adding thereto a new section, designated §6C-2-8, relating to recognizing certain
communications between a public employee and an employee organization as confidential; preventing
employee organizations and their agents from being compelled to disclose certain communications
or information obtained from an employee while the employee organization or agent is acting in a
representative capacity concerning an employee grievance; providing limitations and exceptions;
ensuring the confidentiality does not extend outside the grievance process; and providing for
resolution of conflicts with existing law."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 491), and there were--yeas
78, nays 19, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Border, Cadle, Cowles, Ellington, Espinosa, D. Evans, Faircloth,
Gearheart, Householder, Howell, Ireland, Lane, E. Nelson, Overington, R. Smith, Walters and
Westfall.
Absent and Not Voting: J. Nelson, Raines and Skaff.
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. 3156) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4316, Creating the student data accessability, transparency and
accountability act.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page three, section five-h, line twenty-six, by striking out the word "and".
On page three, section five-h, line thirty, by changing the period to a semicolon.
On page four, section five-h, line thirty-eight, by changing the period to a semicolon and
adding the following:
"(11) Affective computing means human-computer interaction in which the device has the
ability to detect and appropriately respond to its users emotions and other stimuli; and
(12) Fair Information Practice Principles are United States Federal Trade Commission
guidelines that represent widely accepted concepts concerning fair information practice in an
electronic marketplace."
On page seven, section five-h, line one hundred five, by striking out the word "to" and
inserting in lieu thereof the word "for".
On page ten, section five-h, line one hundred seventy-three, by striking out the word "Officer"
and inserting in lieu thereof the word "Manager".
On page ten, section five-h, line one hundred seventy-four, by striking out the word "officer"
and inserting in lieu thereof the word "manager".
On page ten, section five-h, line one hundred seventy-six, by striking out the word "officer"
and inserting in lieu thereof the word "manager".
On page twelve, section five-h, line two hundred nineteen, by striking out the word "officer"
and inserting in lieu there of the word "manager".
On page four, section five-h, after line thirty-eight, by inserting a new subdivision, designated
subdivision (11), to read as follows:
"(11) Confidential student information means data relating to a persons Social Security
number, or other identification number issued by a state or federal agency, except for the state-
assigned student identifier as defined in this section, religious affiliation, whether the person or a
member of their household owns or possesses a firearm, whether the person or their family are or
were recipients of financial assistance from a state or federal agency, medical, psychological or
behavioral diagnoses, criminal history, criminal history of parents, siblings or any members of the
persons household, vehicle registration number, drivers license number, biometric information,
handwriting sample, credit card numbers, consumer credit history, credit score, or genetic
information" and a semicolon, and by renumbering the remaining subdivisions,
And,
On page nine, section five-h, after line one hundred fifty-five, by adding a new subdivision,
designated subdivision (9), to read as follows:
(9) Prohibit the collection of confidential student information as defined in subdivision ten
of subsection (b) of this section.
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 4316 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18-2-5h, relating to creating the student data
accessability, transparency and accountability act; providing definitions; state, district and school
responsibilities for data inventory; providing for data governance manager and responsibilities; establishing parental rights to information and providing for policies on security and access; requiring
state board rules; and establishing effect on existing data."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 492), and there were--yeas
94, nays 4, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Cadle, Folk, Kump and Sobonya.
Absent and Not Voting: J. Nelson and Raines.
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. 4316) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the House of Delegates amendment, with
amendment, and the passage, as amended, of
Com. Sub. for S. B. 307, Authorizing community corrections programs to operate pretrial
release program.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendment to the House of Delegates amendment was reported by the
Clerk:
On page twelve, section eight, subsection (j), by striking out "2014" and inserting in lieu
thereof "2015".
And,
By amending the title of the bill to read as follows:
Com. Sub. for S. B. 307 - "A Bill to amend and reenact §51-10-1, §51-10-2, §51-10-3,
§51-10-4, §51-10-5, §51-10-6, §51-10-7, §51-10-8, §51-10-9 and §51-10-10 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §51-10-
5a; to amend and reenact §62-11C-5 and §62-11C-7 of said code; and to amend said code by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all
relating to the disposition of persons charged with committing a crime; regulating bail bondsmen in
criminal cases; prohibiting certain conduct by bail bondsmen; regulating fees charged by bail
bondsmen; requiring the posting of the names of licensed bail bondsmen; authorizing the
Commissioner of the West Virginia Insurance Commission to regulate bail bondsmen; authorizing
the Insurance Commissioner to proposed legislative rules; updating penalties for violations;
establishing an internal effective date for bail bondsman compliance; requiring judges and magistrates
to enforce the provisions of law related to the regulation of bail bondsmen; authorizing pretrial release
programs; permitting certain fees to be assessed to county commissions; permitting certain fees to be
assessed to persons on pretrial release upon subsequent conviction; stating applicability of pretrial
release programs; establishing guidelines for pretrial release programs; providing for potential funding
sources; requiring community pretrial committees to recommend release of certain persons facing
criminal charges who are in regional jails prior to adjudication; setting forth the duties of pretrial
release programs; clarifying that a circuit judge or a magistrate may impose a secured bond on
participants in pretrial release programs; and removing day fine programs from the list of authorized
community corrections programs."
On motion of Delegate White, the House of Delegates concurred in the Senate amendments
to the House amendment.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 493),
and there were--yeas 87, nays 8, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Butler, Cowles, Espinosa, Frich, Howell and Ireland.
Absent and Not Voting: Azinger, J. Nelson, Pasdon, Raines and Skaff.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 307) 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 amendment, a bill of the
House of Delegates, as follows:
Com. Sub. for H. B. 4560, Relating to reimbursement for copies of medical records.
On motion of Delegate White, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"ARTICLE 29. HEALTH CARE RECORDS.
§16-29-1. Copies of health care records to be furnished to patients.
(a) Any licensed, certified or registered health care provider so licensed, certified or registered
under the laws of this state shall, upon the written request of a patient, his or her authorized agent or
authorized representative, within a reasonable time, furnish a copy, as requested in the form of a paper
copy or, if requested and if the provider routinely stores records electronically and has the ability to
so provide, a copy in an electronic format including, but not limited to, a copy saved upon a computer
disc, an electronically mailed copy or a copy saved upon a portable memory device of all or a portion
of the patients record to the patient, his or her authorized agent or authorized representative subject
to the following exceptions:
(a) (1) In the case of a patient receiving treatment for psychiatric or psychological problems,
a summary of the record shall be made available to the patient, his or her authorized agent or
authorized representative following termination of the treatment program.
(2) The furnishing of a copy, as requested, of the reports of X-ray examinations,
electrocardiograms and other diagnostic procedures shall be deemed to comply with the provisions
of this article.
(b) Nothing in this article shall be construed to require a health care provider responsible for
diagnosis, treatment or administering health care services in the case of minors for birth control,
prenatal care, drug rehabilitation or related services or venereal disease according to any provision
of this code, to release patient records of such diagnosis, treatment or provision of health care as
aforesaid to a parent or guardian, without prior written consent therefor from the patient, nor shall anything in this article be construed to apply to persons regulated under the provisions of chapter
eighteen of this code or the rules and regulations established thereunder.
(c) The furnishing of a copy, as requested, of the reports of X-ray examinations,
electrocardiograms and other diagnostic procedures shall be deemed to comply with the provisions
of this article: Provided, That original radiological study film from a radiological exam conducted
pursuant to a request from a patient or patients representative shall be provided to the patient or
patients representative upon written request and payment for the exam. The health care provider shall
not be required to interpret or retain copies of the film and shall be immune from liability resulting
from any action relating to the absence of the original radiological film from the patients record.
(d) (c) This article shall does not apply to records subpoenaed or otherwise requested through
court process.
(e) (d) The provisions of this article may be enforced by a patient, authorized agent or
authorized representative, and any health care provider found to be in violation of this article shall
pay any attorney fees and costs, including court costs incurred in the course of such enforcement.
(f) (e) Nothing in this article shall be construed to apply to health care records maintained by
health care providers governed by the AIDS-related Medical Testing and Records Confidentiality Act
under the provisions of article three-c of this chapter.
§16-29-2. Reasonable expenses to be reimbursed.
(a) The provider shall be reimbursed by the person requesting in writing a copy of the records
at the time of delivery for all reasonable expenses incurred in complying with this article: Provided,
That the cost may not exceed $0.75 per page for the copying of any record or records which have
already been reduced to written form and a search fee may not exceed $10: A person requesting
records from a provider shall place the request in writing and pay a reasonable, cost-based fee, at the
time of delivery. Notwithstanding any other section of the code or rule, the fee shall be based on the
providers cost of:(1) Labor for copying the requested records if in paper, or for placing the records
in electronic media; (2)Supplies for creating the paper copy or electronic media; and (3) Postage if
the person requested that the records be mailed.
_______________If a person requests or agrees to an explanation or summary of the records, the provider may
charge a reasonable cost-based fee for the labor cost if preparing the explanation or the summary; for
the supplies for creating the explanation or summary; and for the cost of postage, if the person
requested that the records be mailed. If the records are stored with a third party or a third party
responds to the request for records in paper or electronic media, the provider may charge additionally
for the actual charges incurred from the third party.
_______________(b) The labor for copying under this section shall be twenty-two dollars and fifty cents per
hour and shall be adjusted to reflect the consumer price index for medical care services such that the
base amount and the per page charge shall be increased by the proportional consumer price index in
effects as of October of the calendar year in which the request was made, rounded to the nearest
dollar.
_______________(b) (c) Notwithstanding the provisions of subsection (a) of this section, a provider shall not
impose a charge on an indigent person or his or her authorized representative if the medical records
are necessary for the purpose of supporting a claim or appeal under any provisions of the Social
Security Act, 42 U.S.C. §301 et seq.
For purposes of this section, a person is considered indigent if he or she:
(1) Is represented by an organization or affiliated pro bono program that provides legal
assistance to indigents; or
(2) Verifies on a medical records request and release form that the records are requested for
purposes of supporting a Social Security claim or appeal and submits with the release form reasonable
proof that the person is financially unable to pay full copying charges by reason of unemployment,
disability, income below the federal poverty level, or receipt of state or federal income assistance.
(d) (e) Any person requesting free copies of written medical records pursuant to the provisions
of subsection (b) of this section is limited to one set of copies per provider. Any additional requests
for the same records from the same provider shall be subject to the fee provisions of subsection (a)."
On motion of Delegate White, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 494), and there were--yeas
77, nays 17, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Andes, Ashley, Espinosa, A. Evans, Folk, Frich, Gearheart, Hamilton, Hamrick,
Householder, Howell, Ireland, McCuskey, E. Nelson, Sobonya, Storch and Sumner.
Absent and Not Voting: Arvon, D. Evans, Lane, J. Nelson, Pasdon and Raines.
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. 4560) 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 amendments of the House of Delegates
and the passage, as amended, of
S. B. 88, Relating to claims for total loss and debris removal proceeds under farmers mutual
fire insurance companies,
S. B. 252, Allowing certain expelled students to return to school through Juvenile Drug Court,
Com. Sub. for S. B. 253, Clarifying code for Community-Based Pilot Demonstration Project
to Improve Outcomes for At-Risk Youth,
Com. Sub. for S. B. 469, Creating Veterans and Warriors to Agriculture Program,
And,
Com. Sub. for S. B. 619, Exempting certain critical access hospitals from certificate of need
requirement.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates
and the passage, as amended, of
Com. Sub. for S. B. 267, Ensuring state courts jurisdiction of fraudulent or unauthorized
purchasing card use,
Com. Sub. for S. B. 356, Relating to purchasing reforms,
S. B. 375, Excluding certain personal property from TIF assessment,
S. B. 426, Relating to appointments to certain higher education commissions, councils and
boards,
Com. Sub. for S. B. 461, Creating Future Fund,
Com. Sub. for S. B. 486, Establishing salaries and providing raises for State Police forensic
lab employees,
And,
H. J. R. 108, Nonprofit Youth Organization Tax Exemption Support Amendment.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the passage, as amended, to take effect from passage, of
Com. Sub. for S. B. 140, Authorizing Department of Commerce promulgate legislative rules
S. B. 359, Removing hand canvassing requirements of electronic voting machines.
And,
Com. Sub. for S. B. 365, Excepting certain Ethics Act provisions for elected conservation
district supervisors.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates
and the passage, as amended, to take effect from passage, of
Com. Sub. for S. B. 204, Relating to crime victims compensation awards,
Com. Sub. for S. B. 393, Amending funding levels and date Governor may borrow from
Revenue Shortfall Reserve Fund,
And,
Com. Sub. for S. B. 450, Relating to sale and consumption of alcoholic liquors in certain
outdoor dining areas.
A message from the Senate, by
The Clerk of the Senate, announced the Senate had concurred in the changed effective date,
to take effect from passage, of
Com. Sub. for S. B. 315, Clarifying use of certain funds under Military Authority Act.
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
S. B. 325, Providing State Fire Marshal service at will and pleasure of Fire Commission.
Com. Sub. for S. B. 353, Relating to timber theft in state forests,
S. B. 380, Redefining "all-terrain and utility terrain vehicles",
And,
Com. Sub. for S. B. 439, Permitting Ohio County Commission levy special district excise
tax for Fort Henry.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendments of the House of Delegates
and the passage, as amended, to take effect July 1, 2014, of
Com. Sub. for S. B. 391, Providing salary increase for teachers and school service personnel,
And,
Com. Sub. for S. B. 458, Dedicating certain circuit court fees to fund low-income persons
civil legal services.
A message from the Senate, by
The Clerk of the Senate, announced concurrence in the amendment of the House of Delegates
and the adoption, as amended, of
Com. Sub. for S. C. R. 12, Relating to expedited partner therapy treatment,
Com. Sub. for S. C. R. 28, Requesting DOH name road in Logan County "Joshua Walls
Memorial Highway",
And,
Com. Sub. for S. C. R. 41, Requesting DOH name portion of Rt. 83 in McDowell County
"U. S. Army MSG Joe C. Alderman Memorial Road".
Miscellaneous Business
At 12 o'clock Midnight, Sunday, March 8, on motion of Delegate White, the House of
Delegates adjourned until 12:15 a.m., Sunday, March 9, 2014.