WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
FIFTY-EIGHTH DAY
____________
Charleston, W. Va., Thursday, March 12, 2015
The Senate met at 11 a.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Pastor Larry Cale, Belle Church of the Nazarene, Belle, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable C. Edward Gaunch, a senator from the eighth district.
Pending the reading of the Journal of Wednesday, March 11, 2015,
On motion of Senator Prezioso, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The following communication was reported by the Clerk:
WEST VIRGINIA COURT OF CLAIMS
Charleston
January 20, 2015
The Honorable Clark S. Barnes
Clerk, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
This is to advise you that the President of the Senate and the Speaker of the House recently reappointed J. David Cecil as a Judge of the Court of Claims to a second full six year term commencing on July 1, 2015. Enclosed is a copy of the letter of appointment.
It will be necessary for Judge Cecil to be confirmed by the Senate during this Legislative Session. If you have any further questions or need any further information, please feel free to contact me.
Very truly yours,
Cheryle M. Hall,
Clerk.
Which communication was received and referred to the Committee on Confirmations.
On motion of Senator Boley, consideration of the nomination immediately hereinbefore reported was made a special order of business for Friday, March 13, 2015, at 11 a.m.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 336, Eliminating Health Care Authority's power to apply certain penalties to future rate applications.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 436, Relating to State Athletic Commission.
On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §29-5A-12 of the Code of West Virginia, 1931, as amended, be repealed; that §29-5A-1, §29-5A-2, §29-5A-3, §29-5A-3a, §29-5A-5, §29-5A-6, §29-5A-8, §29-5A-17, §29-5A-19, §29-5A-20 and §29-5A-24 of said code be amended and reenacted; and that said code be amended by adding thereto two new sections, designated §29-5A-1a and §29-5A-3b, all to read as follows:
ARTICLE 5A. STATE ATHLETIC COMMISSION.
§29-5A-1. Creation of commission; members; officers; seal and rules.
The State Boxing Commission, heretofore created, is hereby continued and renamed the State Athletic Commission. The commission shall consist of five persons appointed by the Governor, by and with the consent of the Senate, no more than three of whom shall belong to the same political party and no two of whom shall be residents of the same county at the same time. One member shall have at least three years of experience in the sport of boxing. One member shall have at least three years of experience in the sport of mixed martial arts. One member shall have at least three years of experience in the health care industry as a licensed physician, registered nurse, nurse practitioner or physicians assistant. Two members shall be citizen members who are not licensed under the provisions of this article and who do not perform any services related to the persons regulated under this article. The members shall serve without pay. The present members and terms of the members of the State Boxing Commission shall continue as the State Athletic Commission. At the expiration of the term of each member, his or her successor shall be appointed by the Governor for a term of four years. In the event of If there is a vacancy in said the board, said the vacancy shall likewise be filled by appointment by the Governor and the Governor shall likewise have the power to remove any commissioner at his or her pleasure. Any three members of the commission shall constitute a quorum for the exercise of the power or authority conferred upon it. The members of the commission shall at the first meeting after their appointment elect one of their number chairman of the commission, and another of their number secretary of the commission, shall adopt a seal for the commission, and shall make such rules for the administration of their office, not inconsistent herewith, as they may deem consider expedient; and they may hereafter amend or abrogate such rules. The concurrence of at least three commissioners shall be is necessary to render a choice or decision of the commission.
§29-5A-1a. Commission office; administrative support provided by Lottery Commission.
The office of the commission shall be located on the same premises as the office of the Lottery Commission and the Lottery Commission shall provide the commission with any necessary administrative support or management, including but not limited to:
(1) Administrative recordkeeping;
(2) Maintaining an accurate and published registry of names, addresses and relevant information of all licensees; and
(3) Management of finances and budgetary oversight.
§29-5A-2. Powers and duties of secretary; penalty for false swearing, etc.; biennial reports of commission.
The office of the commission may be changed at pleasure by the said commission. The commission may designate as its official headquarters the residence or place of business of any one of its members. It shall be the duty of the secretary to keep a full and true record of all proceedings of said commission, to preserve all its books, documents and papers, to prepare for service such notices and other papers as may be required of him or her by the commission, and to perform such other duties as the commission may prescribe; and he or she may at the direction of the commission issue subpoenas for the attendance of witnesses before the commission with the same effect as if they were issued in an action in any circuit court of the state, and may administer oaths in all matters pertaining to the duties of his or her office or connected with the administration of the affairs of the commission. The subpoenas shall be on forms prescribed by the commission and served by the sheriff's department of the county in which the individual being subpoenaed resides. Such subpoenas shall be signed by at least two members. Disobedience of such subpoena and false swearing before such secretary shall be attended by the same consequences and be subject to the same penalties as if such disobedience or false swearing occurred in an action in any circuit court of the state. The commission shall make to the Legislature biennial reports of their proceedings for the two years ending with the last day of the preceding December, and may submit with such report such recommendations pertaining to its affairs, as to it shall seem advisable.
§29-5A-3. Commission to have sole control of boxing, etc., matches; licenses; municipality not to tax boxing, etc., club.
(a) The commission has sole direction, management and control of the jurisdiction over all amateur, professional and semiprofessional boxing, sparring matches and exhibitions, or any form thereof, to be conducted, held or given within the state by any club, individual, corporation or association. As used in this article, the term "boxing" includes any fighting event that includes or permits the striking of an opponent with a closed fist, even if wrestling moves, elements of martial arts, or striking an opponent with the feet are also permitted. No boxing, sparring or exhibition may be conducted, held or given within the state except pursuant to the commission’s authority and held in accordance with this article. The commission may, in its discretion, issue and, at its pleasure, revoke the license to conduct, hold or give boxing or sparring matches or exhibitions to any club, corporation, association or individual. Every license is subject to rules the commission may prescribe. Every application for a license shall be on a blank form provided by the commission. No promoter's license may be granted to any club, corporation, association or individual, unless the signer of the application is a bona fide resident of the state of West Virginia. Upon application of the promoter's license, the promoter shall pay a state license fee of $125 for one year. The fee is nonrefundable and shall be paid in the form of a certified check or money order and shall be issued to the treasurer of the state of West Virginia to be deposited in the general fund fund set forth in section three-b of this article. If the license is not granted, the treasurer shall refund the full amount. Nonprofit chartered and charitable organizations are exempt from this license fee for all amateur events. No municipal corporation may impose any license tax on boxing, sparring or exhibition clubs, notwithstanding the provisions of any section of the code respecting municipal taxes and licenses. The granting of a license to a club by the commission, or the holding of a license by a club, individual, corporation or association, does not prevent the commission from canceling or revoking the license to conduct an event, as provided in this section.
(b) In exercising its jurisdiction over professional, and semiprofessional and amateur boxing, sparring matches and exhibitions, the commission shall follow the current United States boxing authority rules and requirements unified rules of boxing adopted by the Association of Boxing Commissions and requirements to enable the proper sanctioning of all participants, referees, judges and matches or exhibitions conducted under the rules described in subdivision (1), subsection (c), section twenty-four of this article and shall cooperate fully with the boxing authority Association of Boxing Commissions in order that the sanctioning be extended to state boxers. The commission shall supervise all amateur boxing conducted in this state and any such contest shall follow the amateur rules for boxing as adopted by the United States Amateur Boxing Authority. For full contact boxing events and other boxing events that follow nontraditional rules, the commission may impose any limitations or restrictions reasonably necessary to guarantee the safety of the participants and the fair and honest conducting of the matches or exhibitions and may refuse to license any event that poses an unreasonable degree of risk to the participants.
§29-5A-3a. Power to regulate mixed martial arts.
(a) The commission has sole power, direction, management and control over all professional and amateur mixed martial arts contests, matches and exhibitions, or any form thereof, to be promoted, conducted, held or given within the state.
(b) As used in this article, the term "mixed martial arts" means a combative sporting contest, the rules of which allow two competitors to attempt to achieve dominance over one another by utilizing a variety of techniques including, but not limited to, striking, grappling and the application of submission holds.
(c) A mixed martial arts contest, match or exhibition promoted, conducted, held or given within the state shall be under the commission’s authority and be in accordance with the provision of this section. The provisions of this article that apply to boxing shall also apply to mixed martial arts as appropriate.
(d) In exercising its jurisdiction over professional and amateur mixed martial arts contests matches and exhibitions, the commission shall follow the current unified rules of mixed martial arts as adopted by the Association of Boxing Commissions, to enable the proper equipment, fighting area and weight classes to ensure the safety of contestants and ensure the licensing of all participants, referees and judges, and the approval of contests, matches or exhibitions conducted under the provisions of this section.
(e) The commission may issue and revoke a license to promote, conduct, hold or give mixed martial arts contests, matches or exhibitions and may issue and revoke a license to be a contestant. Each license is subject to the provisions of this section and article, and the rules of the commission.
(f) The commission shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this section, including:
(1) Procedures and requirements for the issuance and renewal of licenses: Provided, That the procedures and requirements shall may not:
(A) Limit or prohibit mixed martial arts contests, matches or exhibitions; nor
(B) Include a provision that a licensee be a West Virginia resident;
(2) Exemptions from licensure;
(3) Procedures for revoking licenses;
(4) Adopting the unified rules of mixed martial arts;
(5) A fee schedule;
(6) Limitations or restrictions necessary to guarantee the safety of the participants;
(7) The requirements for fair and honest conducting of the contests, matches or exhibitions; and
(8) Any other rules necessary to effectuate the provisions of this section.
(g) Notwithstanding the provisions of this code to the contrary, a municipality may not impose a municipal license tax under section four, article thirteen, chapter eight of this code on mixed martial arts clubs. The granting of a license to a club by the commission, or the holding of a license by a club, individual, corporation or association, does not prevent the commission from revoking the license to conduct an event, as provided in this section: Provided, That nothing in this subsection limits the authority of a municipality to impose any other taxes or fees on mixed martial arts contests, matches or exhibitions pursuant to article thirteen, chapter eight of this code.
§29-5A-3b. State Athletic Commission Fund.
(a) All moneys collected shall be deposited in a special account in the State Treasury to be known as the State Athletic Commission Fund. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2016, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.
(b) A supplemental appropriation may be authorized by the legislature for administrative expenditures that exceed collections in the fiscal years ending June 30, 2016, June 30, 2017, and June 30, 2018, or until such time as the commission collections are sufficient to fully fund its operations.
(c) All money collected and deposited in the State Athletic Commission Fund that remains after the commission satisfies its administrative operating obligations shall be surplus revenue funds available for appropriation: Provided, That the commission may retain surplus revenue funds as long as it allocates the surplus for a specific purpose and approves such funds be carried-forward for use in the following fiscal year prior to the end of the fiscal year in which the revenues were collected.
§29-5A-5. Expense of commission.
On or before December thirty-one of each year, the secretary of the commission shall present to the governor projected expenses for the following year. Such projections shall include all expenses of the commission and its official headquarters. Necessary expenses incurred by the commission shall be submitted on a standard expense form to the Treasurer of the State of West Virginia to be paid from the general fund State Athletic Commission Fund except in such circumstances referred to in subdivision (b), section three-b of this article designating such expenses be paid from the general fund. Such expenses shall not exceed five thousand five hundred dollars per year.
§29-5A-6. Payment of official in charge.
The deputy, inspector or other officials designated by the commission to be in charge of a boxing or mixed martial arts event shall be paid by the promoter at a minimum rate of seventy-five dollars for each weigh-in ceremony and seventy-five dollars for each day of bouts $75 per day for services performed prior to any event at a weigh-in and each day of an event: Provided, That not more than one official designated by the commission to be in charge of a boxing or mixed martial arts event may receive compensation for services performed. If a weigh-in occurs within three hours before the boxing bouts are scheduled to begin, the deputy, inspector or other officials will be paid only seventy-five dollars once $75 for that particular night or day's events. Judges, timekeepers and inspectors shall be paid by the promoter at a minimum rate of fifty dollars $50 per day for services performed prior to any event and each day of an event. Referees shall be paid by the promoter at a minimum rate of seventy-five dollars $75 per day of bouts. Payments to the officials in charge, judges, timekeepers, inspectors or referees exceeding the amounts under this section are prohibited without prior written consent of the promoter: Provided, That the commission may revise any fees paid to officials through legislative rule making process beginning June 30, 2018, and every three years thereafter. The commission may not revoke an event permit or license for refusal to pay a fee greater than the fees in this section: Provided, however, That approved officials are available, willing and able to work the event for the proscribed fees. Deputies, inspectors, judges, referees, timekeepers or any other officials designated by the commission to be in charge of an event shall not accept, other than the fees proscribed herein, any gift, pass, or other thing of value in connection with any event.
§29-5A-8. Issuance of license; qualification for licenses; application of other provisions of chapter; hearings.
The commission, at its discretion, may issue a license to promote, conduct or hold professional boxing, professional or amateur mixed martial arts sparring matches and exhibitions to any person, corporation, association, club or organization eligible for a license under this chapter.
Before being granted a license, or the renewal of such the license, the applicant must establish to the satisfaction of the commission that he or she:
(a) Is skilled, or has knowledge, in the profession of boxing or mixed martial arts;
(b) Is of good moral character;
(c) Is physically fit and mentally sound;
(d) Will conduct his or her business in the best interest and welfare of the public, preserving the safety and health of participants and the best interests of professional boxing or professional or amateur mixed martial arts generally;
(e) Will adhere to and comply with all the rules and regulations of the commission pertaining to such the license.
In the case of a corporate applicant, these factors shall pertain to its officers, directors, principal stockholders and employees.
Every license and licensee shall be is subject to such rules and regulations, and amendments thereof, as the commission may prescribe.
§29-5A-17. Referee and judges; appointment by commission; powers, payment.
(a) The chief official of the boxing match or exhibition shall be the referee. The referee and judges shall be appointed by the commission and shall receive from the commission a card authorizing them to act as such, and no club shall may employ or permit anyone to act as referee except one holding such a card of authorization from the commission. The referee shall have has general supervision and control over the match or exhibition and shall be paid by the promoter a minimum of $25 for each day or night's services. The referee shall be is limited to refereeing a maximum of thirty rounds per day or night unless special consent is given by the commission.
(b) Once appointed by the commission, the promoter bears the responsibility for ensuring the attendance of referee and judges at events. The commission shall provide promoters with advance notice of the person(s) appointed as referee and judges. A promoter, at his or her own expense, may request alternate referee(s) and judge(s) be appointed by the commission to serve in the event a first appointed referee or judge is unable to satisfy the role. Under no circumstances may a member of the commission or any employee of the commission serve as a referee or judge for a boxing or mixed martial arts contest conducted in this state.
§29-5A-19. Weight of boxers.
No boxer shall be permitted to contest against an opponent ten pounds heavier than himself or herself when the weight of either contestant is less than one hundred fifty pounds. Weight classes as adopted by the Association of Boxing Commissions shall be utilized for all boxing and mixed martial arts contests conducted in this state.
§29-5A-20. Licenses for contestants, referees and managers.
No professional contestant, trainer, inspector, referee or professional manager is permitted to may take part in any boxing contest or exhibition unless holding a license from the state said license to be that is issued by the commission upon payment of $10 a year of the following annual license fee schedule: Professional contestant $25; Trainer $20; Inspector $30; Referee $30 and Professional Manager $50. Semiprofessional contestants shall pay a license fee of $10 for each event. Such fees shall accompany the application and shall be in the form of a certified check or money order and shall be issued to the Treasurer of the state of West Virginia to be deposited in the General Fund State Athletic Commission Fund. Should such If a license is not be granted, the Treasurer shall refund the full amount.
§29-5A-24. Rules governing contestants and matches.
(a) The commission shall promulgate its rules in compliance propose rules for legislative approval in accordance with the provisions of article three of chapter twenty-nine-a of this code.
(b) The commission shall promulgate propose such rules as it determines to be necessary to regulate professional and semiprofessional boxers, professional or amateur mixed martial artists, and professional and semiprofessional boxing matches and exhibitions and professional or amateur mixed martial arts matches and exhibitions: Provided, That for professional boxers and boxing matches and exhibitions, the commission rules shall comply with the current unified rules of boxing as adopted by the Association of Boxing Commissions; for professional mixed martial artists and mixed martial arts matches and exhibitions, the commission rules shall comply with the current unified rules of mixed martial arts as adopted by the Association of Boxing Commissions; for amateur boxers and boxing matches or exhibitions, the commission rules shall comply with the amateur rules for boxing as adopted by the United States Amateur Boxing Authority; and for amateur mixed martial artists and mixed martial arts matches or exhibitions, the commission rules shall follow the current rules for the International Sport Karate Association, the World Kickboxing Association, or the International Sport Combat Federation at any given match or exhibition. For full contact boxing and other boxing events that follow nontraditional rules, rules guaranteeing the safety of the participants and the fair and honest conducting of the matches or exhibitions are authorized.
(c) The commission shall promulgate propose separate rules for amateur boxers and amateur boxing, sparring matches and exhibitions as follows:
(1) Rules which comply with the requirements of the rules of the current United States Amateur Boxing Authority to the extent that any boxer complying with them will be eligible to participate in any state, national or international boxing match sanctioned by the current United States Amateur Boxing Authority or the International Amateur Boxing Association.
(2) Rules which may differ from the rules of the current United States Amateur Boxing Authority but which adequately guarantee the safety of the participants and the fair and honest conducting of the matches or exhibitions. As a part of these rules, the commission shall include a requirement that all boxers participating in matches or exhibitions conducted under these rules be informed prior to such participation that such participation will disqualify them from participating in state, national or international matches and exhibitions sanctioned by the current United States Amateur Boxing Authority or the International Amateur Boxing Association.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 436--A Bill to repeal §29-5A-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-5A-1, §29-5A-2, §29-5A-3, §29-5A-3a, §29-5A-5, §29-5A-6, §29-5A-8, §29-5A-17, §29-5A-19, §29-5A-20 and §29-5A-24 of said code; and to amend said code by adding thereto two new sections, designated §29-5A-1a and §29-5A-3b, all relating to the State Athletic Commission; changing composition of commission; requiring that office of commission be located on the premises of Lottery Commission office; requiring the Lottery Commission to provide administrative support; creating a State Athletic Commission Fund; authorizing expenditures; paying expenses of the commission; setting payment schedule; requiring promoter to ensure attendance of appointed officials; requiring the commission to give advance notice of appointed officials; permitting alternates; prohibiting the commission from performing certain functions at events; requiring the commission to follow weight classes as adopted by the Association of Boxing Commissions; increasing certain fees; providing rule making authority; requiring the commission to follow certain unified rules for professional boxing events; requiring the commission to follow certain unified rules for mixed martial arts events; requiring the commission to follow certain rules for amateur boxing events; and requiring the commission to follow certain rules for amateur mixed martial arts events.
On motion of Senator Carmichael, the following amendments to the House of Delegates amendments to the bill (Eng. Com. Sub. for S. B. No. 436) were reported by the Clerk, considered simultaneously, and adopted:
On page eight, section five, after the words “include all expenses” by inserting the words “and revenues”;
On pages eight and nine, section six, after the words “officials will be paid only” by inserting the words “one rate at a minimum of”;
On page ten, section seventeen, subsection (a), by striking out “$25” and inserting in lieu thereof “$75”;
And,
On page eleven, section nineteen, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:
§29-5A-19. Weight of contestants.
On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendments, as amended.
Engrossed Committee Substitute for Senate Bill No. 436, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 436) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 502, Relating to eligibility for certain reclamation or remediation tax credit.
On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §22-3-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.
§22-3-11. Bonds; amount and method of bonding; bonding requirements; special reclamation tax and funds; prohibited acts; period of bond liability.
(a) After a surface mining permit application has been approved pursuant to this article, but before a permit has been issued, each operator shall furnish a penal bond, on a form to be prescribed and furnished by the secretary, payable to the State of West Virginia and conditioned upon the operator faithfully performing all of the requirements of this article and of the permit. The penal amount of the bond shall be not less than $1,000 nor more than $5,000 for each acre or fraction of an acre: Provided, That the minimum amount of bond furnished for any type of reclamation bonding shall be $10,000. The bond shall cover: (1) The entire permit area; or (2) that increment of land within the permit area upon which the operator will initiate and conduct surface mining and reclamation operations within the initial term of the permit. If the operator chooses to use incremental bonding, as succeeding increments of surface mining and reclamation operations are to be initiated and conducted within the permit area, the operator shall file with the secretary an additional bond or bonds to cover the increments in accordance with this section: Provided, however, That once the operator has chosen to proceed with bonding either the entire permit area or with incremental bonding, the operator shall continue bonding in that manner for the term of the permit.
(b) The period of liability for bond coverage begins with issuance of a permit and continues for the full term of the permit plus any additional period necessary to achieve compliance with the requirements in the reclamation plan of the permit.
(c) (1) The form of the bond shall be approved by the secretary and may include, at the option of the operator, surety bonding, collateral bonding (including cash and securities), establishment of an escrow account, self bonding or a combination of these methods. If collateral bonding is used, the operator may elect to deposit cash or collateral securities or certificates as follows: Bonds of the United States or its possessions of the Federal Land Bank or of the Homeowners' Loan Corporation; full faith and credit general obligation bonds of the State of West Virginia or other states and of any county, district or municipality of the State of West Virginia or other states; or certificates of deposit in a bank in this state, which certificates shall be in favor of the department. The cash deposit or market value of the securities or certificates shall be equal to or greater than the penal sum of the bond. The secretary shall, upon receipt of any deposit of cash, securities or certificates, promptly place the same with the Treasurer of the State of West Virginia whose duty it is to receive and hold the deposit in the name of the state in trust for the purpose for which the deposit is made when the permit is issued. The operator making the deposit is entitled, from time to time, to receive from the State Treasurer, upon the written approval of the secretary, the whole or any portion of any cash, securities or certificates so deposited, upon depositing with him or her in lieu thereof cash or other securities or certificates of the classes specified in this subsection having value equal to or greater than the sum of the bond.
(2) The secretary may approve an alternative bonding system if it will: (A) Reasonably assure that sufficient funds will be available to complete the reclamation, restoration and abatement provisions for all permit areas which may be in default at any time; and (B) provide a substantial economic incentive for the permittee to comply with all reclamation provisions.
(d) The secretary may accept the bond of the applicant itself without separate surety when the applicant demonstrates to the satisfaction of the secretary the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient for authorization to self insure.
(e) It is unlawful for the owner of surface or mineral rights to interfere with the present operator in the discharge of the operator's obligations to the state for the reclamation of lands disturbed by the operator.
(f) All bond releases shall be accomplished in accordance with the provisions of section twenty-three of this article.
(g) (1) The Special Reclamation Fund previously created is continued. The Special Reclamation Water Trust Fund is created within the State Treasury into and from which moneys shall be paid for the purpose of assuring a reliable source of capital to reclaim and restore water treatment systems on forfeited sites. The moneys accrued in both funds, any interest earned thereon and yield from investments by the State Treasurer or West Virginia Investment Management Board are reserved solely and exclusively for the purposes set forth in this section and section seventeen, article one of this chapter. The funds shall be administered by the secretary who is authorized to expend the moneys in both funds for the reclamation and rehabilitation of lands which were subjected to permitted surface mining operations and abandoned after August 3, 1977, where the amount of the bond posted and forfeited on the land is less than the actual cost of reclamation, and where the land is not eligible for abandoned mine land reclamation funds under article two of this chapter. The secretary shall develop a long-range planning process for selection and prioritization of sites to be reclaimed so as to avoid inordinate short-term obligations of the assets in both funds of such magnitude that the solvency of either is jeopardized. The secretary may use both funds for the purpose of designing, constructing and maintaining water treatment systems when they are required for a complete reclamation of the affected lands described in this subsection. The secretary may also expend an amount not to exceed ten percent of the total annual assets in both funds to implement and administer the provisions of this article and, as they apply to the Surface Mine Board, articles one and four, chapter twenty-two-b of this code.
(2) (A) A tax credit shall be granted against the tax imposed by subsection (i) of this section to any mine operator who performs reclamation or remediation at a bond forfeiture site which otherwise would have been reclaimed using funds from the Special Reclamation Fund or Special Reclamation Water Trust Fund. The credit authorized pursuant to this subdivision is retroactive and may be claimed for reclamation or remediation performed on or after January 1, 2012: Provided, That for reclamation or remediation performed prior to July 13, 2013, no tax credit may be granted unless a written application for the tax credit was submitted to the Tax Commissioner prior to September 1, 2014. The amount of credit shall be determined as provided in this section.
(B) The amount of a reclamation tax credit granted under this subsection shall be equal to the amount that the Tax Commissioner determines, based on the project costs, as shown in the records of the secretary, that would have been spent from the Special Reclamation Fund or Special Reclamation Water Trust Fund to accomplish the reclamation or remediation performed by the mine operator, including expenditures for water treatment.
(C) To claim the credit, the mine operator shall from time to time file with the Tax Commissioner a written application seeking the amount of the credit earned. Within thirty days of receipt of the application, the Tax Commissioner shall issue a certification of the amount of tax credit, if any, to be allocated to the eligible taxpayer. Should the amount of the credit certified be less than the amount applied for, the Tax Commissioner shall set forth in writing the reason for the difference. Should no certification be issued within the thirty-day period, the application will be deemed certified. Any decision by the Tax Commissioner is appealable pursuant to the provisions of the West Virginia Tax Procedure and Administration Act set forth in article ten, chapter eleven of the code. Applications for certification of the proposed tax credit shall contain the information and be in the detail and form as required by the Tax Commissioner.
(h) The Tax Commissioner may promulgate rules for legislative approval pursuant to the provisions of article three, chapter twenty-nine-a of this code to carry out the purposes of this subdivision two, subsection (g) of this section.
(i) (1) Rate, deposits and review.
(A) For tax periods commencing on and after July 1, 2009, every person conducting coal surface mining shall remit a special reclamation tax of fourteen and four-tenths cents per ton of clean coal mined, the proceeds of which shall be allocated by the secretary for deposit in the Special Reclamation Fund and the Special Reclamation Water Trust Fund.
(B) For tax periods commencing on and after July 1, 2012, the rate of tax specified in paragraph (A) of this subdivision is discontinued and is replaced by the rate of tax specified in this paragraph. For tax periods commencing on and after July 1, 2012, every person conducting coal surface mining shall remit a special reclamation tax of twenty-seven and nine-tenths cents per ton of clean coal mined, the proceeds of which shall be allocated by the secretary for deposit in the Special Reclamation Fund and the Special Reclamation Water Trust Fund. Of that amount, fifteen cents per ton of clean coal mined shall be deposited into the Special Reclamation Water Trust Fund.
(C) The tax shall be levied upon each ton of clean coal severed or clean coal obtained from refuse pile and slurry pond recovery or clean coal from other mining methods extracting a combination of coal and waste material as part of a fuel supply.
(D) Beginning with the tax period commencing on July 1, 2009, and every two years thereafter, the special reclamation tax shall be reviewed by the Legislature to determine whether the tax should be continued: Provided, That the tax may not be reduced until the Special Reclamation Fund and Special Reclamation Water Trust Fund have sufficient moneys to meet the reclamation responsibilities of the state established in this section.
(2) In managing the Special Reclamation Program, the secretary shall: (A) Pursue cost-effective alternative water treatment strategies; and (B) conduct formal actuarial studies every two years and conduct informal reviews annually on the Special Reclamation Fund and Special Reclamation Water Trust Fund.
(3) Prior to December 31, 2008, the secretary shall:
(A) Determine the feasibility of creating an alternate program, on a voluntary basis, for financially sound operators by which those operators pay an increased tax into the Special Reclamation Fund in exchange for a maximum per-acre bond that is less than the maximum established in subsection (a) of this section;
(B) Determine the feasibility of creating an incremental bonding program by which operators can post a reclamation bond for those areas actually disturbed within a permit area, but for less than all of the proposed disturbance and obtain incremental release of portions of that bond as reclamation advances so that the released bond can be applied to approved future disturbance; and
(C) Determine the feasibility for sites requiring water reclamation by creating a separate water reclamation security account or bond for the costs so that the existing reclamation bond in place may be released to the extent it exceeds the costs of water reclamation.
(4) If the secretary determines that the alternative program, the incremental bonding program or the water reclamation account or bonding programs reasonably assure that sufficient funds will be available to complete the reclamation of a forfeited site and that the Special Reclamation Fund will remain fiscally stable, the secretary is authorized to propose legislative rules in accordance with article three, chapter twenty-nine-a of this code to implement an alternate program, a water reclamation account or bonding program or other funding mechanisms or a combination thereof.
(j) This special reclamation tax shall be collected by the State Tax Commissioner in the same manner, at the same time and upon the same tonnage as the minimum severance tax imposed by article twelve-b, chapter eleven of this code is collected: Provided, That under no circumstance shall the special reclamation tax be construed to be an increase in either the minimum severance tax imposed by said article or the severance tax imposed by article thirteen of said chapter.
(k) Every person liable for payment of the special reclamation tax shall pay the amount due without notice or demand for payment.
(l) The Tax Commissioner shall provide to the secretary a quarterly listing of all persons known to be delinquent in payment of the special reclamation tax. The secretary may take the delinquencies into account in making determinations on the issuance, renewal or revision of any permit.
(m) The Tax Commissioner shall deposit the moneys collected with the Treasurer of the State of West Virginia to the credit of the Special Reclamation Fund and Special Reclamation Water Trust Fund.
(n) At the beginning of each quarter, the secretary shall advise the State Tax Commissioner and the Governor of the assets, excluding payments, expenditures and liabilities, in both funds.
(o) To the extent that this section modifies any powers, duties, functions and responsibilities of the department that may require approval of one or more federal agencies or officials in order to avoid disruption of the federal-state relationship involved in the implementation of the federal Surface Mining Control and Reclamation Act, 30 U. S. C. §1270 by the state, the modifications will become effective upon the approval of the modifications by the appropriate federal agency or official.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 502--A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating generally to surface mining and reclamation; bonding; special reclamation tax and funds; prohibited acts; bond liability; specifying retrospective eligibility of a mine operator to receive a tax credit for performing reclamation or remediation at a bond forfeiture site which otherwise would have been reclaimed using funds from the Special Reclamation Fund or Special Reclamation Water Trust Fund; and specifying limitations.
On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 502, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 502) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments, as amended by the House of Delegates, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments to the Senate amendments, as to
Eng. Com. Sub. for House Bill No. 2550 Increasing the number of unexcused absences of a student before action may be taken against the parent.
On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the Senate amendments to the bill were reported by the Clerk:
On page two, section four, subsection (a), subdivision (2), paragraph (ix), by striking out the word “and” and inserting in lieu thereof a new paragraph, designated paragraph (x), to read as follows:
“(x) Personal or academic circumstances approved by the principal; and”;
And relettering the remaining paragraph;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 2550--A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to truancy intervention; defining excused and unexcused absences; providing that notice of student’s three unexcused absences be given to parent, guardian or custodian; providing that a parent, guardian or custodian have a mandatory conference with the principal or other designated representative of the school when the student has five unexcused absences; and increasing number of unexcused absences by a student before a complaint must be made against the parent, guardian or custodian of the student.
On motion of Senator Carmichael, the Senate concurred in the foregoing House of Delegates amendments to the Senate amendments to the bill.
Engrossed Committee Substitute for House Bill No. 2550, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: Williams--1.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2550) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the passage as amended, of
Eng. Com. Sub. for House Bill No. 2586, Allowing for an alternative form of service of process in actions against nonresident persons by petitioners seeking domestic violence or personal safety relief.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, to take effect from passage, with its Senate amended title, of
Eng. House Bill No. 2632, Exempting the procurement of certain instructional materials for use in and in support of public schools from the division of purchasing requirements.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 2648, Allowing authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, of
Eng. House Bill No. 2914, Providing for voluntary dissolution of resort area district.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the adoption as amended, of
House Concurrent Resolution No. 91, Designating days for the display of the Honor and Remember Flag.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 130--Requesting the Joint Committee on Government and Finance to study and review current law, procedure and public services intended to protect against senior citizen financial abuse and exploitation and to study the feasibility of developing and providing additional effective tools, resources and best practices to help protect senior citizens from financial abuse and exploitation.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 131--Requesting the Joint Committee on Government and Finance to study the issues, needs and challenges facing senior citizens in this state and to study the feasibility of developing and providing additional effective tools, resources and best practices to address the health, safety, welfare and other concerns of our senior citizens.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 132--Requesting the Joint Committee on Government and Finance study the economic impact of making all hunting and fishing licenses valid for a period of one year from the date of issue, and the effect of federal laws and regulations as the same relate to the requirement that the social security number, if any, of any applicant for a recreational license be recorded on the application for such license.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 133--Requesting the Joint Committee on Government and Finance study the economic impact of reducing or eliminating the necessity for certain hunting, fishing and trapping licenses.
Referred to the Committee on Rules.
Executive Communications
Senator Cole (Mr. President) laid before the Senate the following proclamation from His Excellency, the Governor, extending this current legislative session until and including the eighteenth day of March, two thousand fifteen, which was received and read by the Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
A P R O C L A M A T I O N
By the Governor
WHEREAS, The Constitution of West Virginia sets forth the respective powers, duties and responsibilities of the three separate branches of government; and
WHEREAS, Article VI, Section 22 of the Constitution of West Virginia provides that the current regular session of the Legislature shall not exceed sixty calendar days computed from and including the second Wednesday of January, two thousand fifteen; and
WHEREAS, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the two thousand fifteen regular session of the Legislature shall conclude on the fourteenth day of March, two thousand fifteen; and
WHEREAS, Article VI, Section 51 of the Constitution of West Virginia sets forth the obligations of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and
WHEREAS, Subsection D, Article VI, Section 51 of the Constitution of West Virginia requires the Governor to issue a proclamation extending the regular session of the Legislature if the Budget Bill shall not have been finally acted upon by the Legislature three days before the expiration of its regular session; and
WHEREAS, The Budget Bill has not been finally acted upon by the Legislature as of this eleventh day of March, two thousand fifteen.
NOW, THEREFORE, I, EARL RAY TOMBLIN, Governor of the State of West Virginia, do hereby issue this Proclamation, in accordance with Subsection D, Article VI, Section 51 of the Constitution of West Virginia, extending the two thousand fifteen regular session of the Legislature for consideration of the Budget Bill for an additional period not to exceed four days, through and including the eighteenth day of March, two thousand fifteen; but no matters other than the Budget Bill shall be considered during this extension of the session, except a provision for the cost thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of Charleston, State of West Virginia, on this the eleventh day of March, in the year of our Lord, Two Thousand Fifteen, and in the One Hundred Fifty-Second year of the State.
EARL RAY TOMBLIN,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
Senator Cole (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 2, 2015
Senate Executive Message No. 2
TO: The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your advice and consent:
1. For Member, Parole Board, Carol Greene, Huntington, Cabell County, for the term ending June 30, 2019.
2. For Member, Board of Examiners in Counseling, Guy Gage III, Bridgeport, Harrison County, for the term ending June 30, 2014.
3. For Member, Motor Vehicle Dealers Advisory Board, Kelly Smith, Charleston, Kanawha County, for the term ending June 30, 2016.
4. For Member, Motor Vehicle Dealers Advisory Board, Margaret Wills, Shinnston, Harrison County, for the term ending June 30, 2016.
5. For Member, Motor Vehicle Dealers Advisory Board, Michael Keener, Hurricane, Putnam County, for the term ending June 30, 2016.
6. For Member, Driver’s License Advisory Board, J. Keith Wade, Fairmont, Marion County, for the term ending June 30, 2016.
7. For Member, Driver’s License Advisory Board, Joe LoCascio, Huntington, Cabell County, for the term ending June 30, 2016.
8. For Member, Driver’s License Advisory Board, John Brick, Morgantown, Monongalia County, for the term ending June 30, 2016.
9. For Member, Motorcycle Safety Awareness Board, Mike Adkins, Delbarton, Mingo County, for the term ending June 30, 2016.
10. For Member, Motorcycle Safety Awareness Board, William Cooper, Scott Depot, Putnam County, for the term ending June 30, 2015.
11. For Member, Board of Dentistry, Charles L. Smith, Charleston, Kanawha County, for the term ending June 30, 2017.
12. For Member, Board of Hearing Aid Dealers, Jenny Cross, Elkins, Randolph County, for the term ending July 13, 2017.
13. For Member, Board of Hearing Aid Dealers, Deborah Barnes Chewning, Elkins, Randolph County, for the term ending July 13, 2015.
14. For Member, Board of Hearing Aid Dealers, Marsha Mattingly, Huntington, Cabell County, for the term ending July 13, 2017.
15. For Member, Board of Hearing Aid Dealers, Jason Kaposy, Petersburg, Grant County, for the term ending July 13, 2016.
16. For Director, Division of Juvenile Services, Stephanie Bond, Terra Alta, Preston County, to serve at the will and pleasure of the Governor.
17. For Member, Housing Development Fund, Sam Kapourales, Williamson, Mingo County, for the term ending October 30, 2015.
18. For Member, Housing Development Fund, Everette Sullivan, Dunbar, Kanawha County, for the term ending October 30, 2016.
19. For Member, Housing Development Fund, Jeff Borman, Charleston, Kanawha County, for the term ending October 30, 2016.
20. For Member, Workforce Investment Council, Ray Burke, Hurricane, Putnam County, for the term ending June 30, 2015.
21. For Member, Workforce Investment Council, Nancy Kissinger, Beckley, Raleigh County, for the term ending June 30, 2015.
22. For Member, Workforce Investment Council, Jim O’Connor, Belle, Kanawha County, for the term ending June 30, 2015.
23. For Member, Workforce Investment Council, Tom Provost, Belle, Kanawha County, for the term ending June 30, 2015.
24. For Member, Workforce Investment Council, John Sorrenti, Weirton, Hancock County, for the term ending June 30, 2015.
25. For Member, Workforce Investment Council, Steve Stalnaker, Williamstown, Wood County, for the term ending June 30, 2015.
26. For Member, Workforce Investment Council, Diane Strong-Treister, Charleston, Kanawha County, for the term ending June 30, 2015.
27. For Member, Workforce Investment Council, Homer Sweeney, St. Albans, Kanawha County, for the term ending June 30, 2014.
28. For Member, Workforce Investment Council, Frank Ellis, Wheeling, Ohio County, for the term ending June 30, 2015.
29. For Member, Workforce Investment Council, Kenny Perdue, Charleston, Kanawha County, for the term ending June 30, 2015.
30. For Member, Workforce Investment Council, Roy Smith, Beckley, Raleigh County, for the term ending June 30, 2015.
31. For Member, Workforce Investment Council, Clarence Pennington, Martinsburg, Berkeley County, for the term ending June 30, 2015.
32. For Member, Workforce Investment Council, Joanne Jaeger Tomblin, Mount Gay, Logan County, for the term ending June 30, 2015.
33. For Member, Workforce Investment Council, Kim Tieman, Pittsburgh, Pennsylvania, for the term ending June 30, 2015.
34. For Member, Workforce Investment Council, Rev. Matthew Watts, Charleston, Kanawha County, for the term ending June 30, 2015.
35. For Member, Workforce Investment Council, Logan Williams, Hurricane, Putnam County, for the term ending June 30, 2015.
36. For Member, Workforce Investment Council, Robert Pasley, Wayne, Wayne County, for the term ending June 30, 2015.
37. For Member, Workforce Investment Council, Penny Brown, Philippi, Barbour County, for the term ending June 30, 2015.
38. For Member, Workforce Investment Council, Steve Whited, Grantsville, Calhoun County, for the term ending June 30, 2015.
39. For Member, Workforce Investment Council, Nancy Paxton, South Charleston, Kanawha County, for the term ending June 30, 2015.
40. For Member, Workforce Investment Council, Patrick Martin, Hurricane, Putnam County, for the term ending June 30, 2015.
41. For Member, Workforce Investment Council, Michael Bombard, Morgantown, Monongalia County, for the term ending June 30, 2015.
42. For Member, Workforce Investment Council, Will Turani, Wheeling, Ohio County, for the term ending June 30, 2015.
43. For Executive Director, School Building Authority, David Sneed, Cross Lanes, Kanawha County, to serve at the will and pleasure of the Governor.
44. For Member, School Building Authority, Tom Lange, Kearneysville, Jefferson County, for the term ending July 31, 2016.
45. For Member, School Building Authority, Eric J. Lewis, Charles Town, Jefferson County, for the term ending July 31, 2016.
46. For Member, School Building Authority, Victor L. Gabriel, Bridgeport, Harrison County, for the term ending July 31, 2015.
47. For Member, School Building Authority, Robert E. Holroyd, Princeton, Mercer County, for the term ending July 31, 2015.
48. For Member, School Building Authority, Chris Morris, Charleston, Kanawha County, for the term ending July 31, 2015.
49. For Member, Ethics Commission, The Honorable Jack Buckalew, Charleston, Kanawha County, for the term ending June 30, 2015.
50. For Member, Ethics Commission, The Honorable Betty Ireland, Charleston, Kanawha County, for the term ending June 30, 2017.
51. For Member, Ethics Commission, Monte Williams, Morgantown, Monongalia County, for the term ending June 30, 2015.
52. For Member, Ethics Commission, Robert Wolfe, Man, Logan County, for the term ending June 30, 2019.
53. For Member, Ethics Commission, Michael Greer, Bridgeport, Harrison County, for the term ending June 30, 2019.
54. For Member, Ethics Commission, Suzan Singleton, Moundsville, Marshall County, for the term ending June 30, 2017.
55. For Member, Ethics Commission, Terry Walker, Kearneysville, Jefferson County, for the term ending June 30, 2019.
56. For Member, Ethics Commission, Lawrence J. Tweel, Huntington, Cabell County, for the term ending June 30, 2015.
57. For Member, Ethics Commission, Karen Disibbio, Bluefield, Mercer County, for the term ending June 30, 2017.
58. For Member, Fire Commission, Dave Camp, Parkersburg, Wood County, for the term ending June 30, 2019.
59. For Member, Fire Commission, Robert Miller, Glenwood, Mason County, for the term ending June 30, 2018.
60. For Member, Fire Commission, Ted Shriver, Charleston, Kanawha County, for the term ending June 30, 2017.
61. For Member, Capitol Building Commission, Greg Barton, Ellenboro, Ritchie County, for the term ending June 30, 2018.
62. For Member, Capitol Building Commission, Michael Price, Wheeling, Ohio County, for the term ending June 30, 2018.
63. For Member, Board of the College Prepaid Tuition and Savings Program, Jamie Dickenson, Charleston, Kanawha County, for the term ending June 30, 2017.
64. For Member, Board of the College Prepaid Tuition and Savings Program, The Honorable Chuck Smith, Charleston, Kanawha County, for the term ending June 30, 2018.
65. For Member, Board of the College Prepaid Tuition and Savings Program, Terri Underhill, Charleston, Kanawha County, for the term ending June 30, 2015.
66. For Member, Board of Coal Mine Health and Safety, Brian Keaton, Julian, Boone, County, for the term ending June 30, 2015.
67. For Member, Board of Risk and Insurance Management, Bobby Mitts, Lavalette, Wayne County, for the term ending June 30, 2017.
68. For Member, Board of Risk and Insurance Management, James Wilson, Grafton, Taylor County, for the term ending June 30, 2016.
69. For Member, Statewide Independent Living Council, Donald Carson, Beckley, Raleigh County, for the term ending June 30, 2017.
70. For Member, Statewide Independent Living Council, Michelle Norweck, Barboursville, Cabell County, for the term ending June 30, 2017.
71. For Member, Statewide Independent Living Council, Vanessa Vangilder, Charleston, Kanawha County, for the term ending June 30, 2017.
72. For Member, Statewide Independent Living Council, David George, Wheeling, Ohio County, for the term ending June 30, 2017.
73. For Member, Statewide Independent Living Council, Nancy Tyler, Charleston, Kanawha County, for the term ending June 30, 2017.
74. For Member, Statewide Independent Living Council, Aaron Morris, Cannelton, Fayette County, for the term ending June 30, 2017.
75. For Member, Statewide Independent Living Council, Greg Bilonick, Morgantown, Monongalia County, for the term ending June 30, 2017.
76. For Member, Statewide Independent Living Council, Todd Rundle, Fairmont, Marion County, for the term ending June 30, 2017.
77. For Member, Statewide Independent Living Council, Bob Waybright, Webster Springs, Webster County, for the term ending June 30, 2017.
78. For Member, Motor Vehicle Dealers Advisory Board, James Williams, Martinsburg, Berkeley County, for the term ending June 30, 2017.
79. For Member, Motor Vehicle Dealers Advisory Board, Michael Ratz, Logan, Logan County, for the term ending June 30, 2017.
80. For Member, Motorcycle Safety Awareness Board, Ray Carey, Charleston, Kanawha County, for the term ending June 30, 2017.
81. For Member, Motorcycle Safety Awareness Board, Kimberly Oldaker, Ashton, Mason County, for the term ending June 30, 2017.
82. For Member, Workforce Investment Council, Todd Shell, Huntington, Cabell County, for the term ending June 30, 2017.
83. For Member, Fire Commission, Victor Stallard, Williamstown, Wood County, for the term ending June 30, 2017.
84. For Member, Mine Safety Technology Task Force, Charles Russell III, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
85. For Member, Board of Control for Southern Regional Education, The Honorable Robert H. Plymale, Huntington, Wayne County, for the term ending June 30, 2018.
86. For Member, Board of Architects, Jan L. Fox, Charleston, Kanawha County, for the term ending June 30, 2017.
87. For Member, Board of Architects, Edward W. Tucker, Huntington, Cabell County, for the term ending June 30, 2016.
88. For Member, Board of Architects, Richard Forren, Bridgeport, Harrison County, for the term ending June 30, 2018.
89. For Member, Board of Architects, Todd Boggess, Princeton, Mercer County, for the term ending June 30, 2020.
90. For Member, Consolidated Public Retirement Board, Donald Murray, Chester, Hancock County, for the term ending June 30, 2018.
91. For Member, Consolidated Public Retirement Board, Joseph Bunn, Charleston, Kanawha County, for the term ending June 30, 2017.
92. For Member, Consolidated Public Retirement Board, David Wyant, Wheeling, Ohio County, for the term ending June 30, 2018.
93. For Member, Consolidated Public Retirement Board, Joe Lynch, Charleston, Kanawha County, for the term ending June 30, 2017.
94. For Member, Consolidated Public Retirement Board, Andy Bird, Hurricane, Putnam County, for the term ending June 30, 2017.
95. For Member, Consolidated Public Retirement Board, David Stover, Maben, Wyoming County, for the term ending June 30, 2015.
96. For Member, Consolidated Public Retirement Board, Angela Crank, Evans, Jackson County, for the term ending June 30, 2018.
97. For Member, Outdoor Heritage Conservation Fund, Rodney Bartgis, Elkins, Randolph County, for the term ending June 30, 2016.
98. For Member, Outdoor Heritage Conservation Fund, Calvert Armbrecht, Charleston, Kanawha County, for the term ending June 30, 2016.
99. For Member, Outdoor Heritage Conservation Fund, Terrell Ellis, Charleston, Kanawha County, for the term ending June 30, 2015.
100. For Member, Outdoor Heritage Conservation Fund, Lavonne Paden, Martinsburg, Berkeley County, for the term ending June 30, 2015.
101. For Member, Outdoor Heritage Conservation Fund, David Lilly, Buckhannon, Upshur County, for the term ending June 30, 2016.
102. For Member, Outdoor Heritage Conservation Fund, James Anderson, Morgantown, Monongalia County, for the term ending June 30, 2015.
103. For Member, Outdoor Heritage Conservation Fund, Amy Hessl, Morgantown, Monongalia County, for the term ending June 30, 2018.
104. For Member, Outdoor Heritage Conservation Fund, Doug Wood, Hurricane, Putnam County, for the term ending June 30, 2018.
105. For Member, Outdoor Heritage Conservation Fund, Edward F. Maguire II, Charleston, Kanawha County, for the term ending June 30, 2018.
106. For Member, Board of Sanitarians, The Honorable Delores Cook, Ridgeview, Boone County, for the term ending June 30, 2018.
107. For Member, Board of Sanitarians, Phyllis L. Lowe, Chapmanville, Logan County, for the term ending June 30, 2019.
108. For Member, Fairmont State University Board of Governors, Aaron Hawkins, Fairmont, Marion County, for the term ending June 30, 2018.
109. For Member, West Virginia State University Board of Governors, Leon Vincent Williams, Nashville, Tennessee, for the term ending June 30, 2018.
110. For Member, West Virginia State University Board of Governors, Gary Swingle, Charleston, Kanawha County, for the term ending June 30, 2018.
111. For Member, Concord University Board of Governors, Brace Mullett, Charleston, Kanawha County, for the term ending June 30, 2018.
112. For Member, Concord University Board of Governors, David Barnette, Charleston, Kanawha County, for the term ending June 30, 2018.
113. For Member, Shepherd University Board of Governors, Chad Robinson, Charleston, Kanawha County, for the term ending June 30, 2018.
114. For Member, Shepherd University Board of Governors, Marcia Brand, Martinsburg, Berkeley County, for the term ending June 30, 2018.
115. For Member, Shepherd University Board of Governors, Bridget M. Cohee, Martinsburg, Berkeley County, for the term ending June 30, 2018.
116. For Member, West Liberty University Board of Governors, Brian Joseph, Triadelphia, Ohio County, for the term ending June 30, 2018.
117. For Member, West Liberty University Board of Governors, Leslie DeFelice, Dillonvale, Ohio, for the term ending June 30, 2016.
118. For Member, Bluefield State College Board of Governors, Rev. Garry Moore, Sr., Bluefield, Mercer County, for the term ending June 30, 2018.
119. For Member, Bluefield State College Board of Governors, Lois Ann Manns, Beckley, Raleigh County, for the term ending June 30, 2018.
120. For Member, Bluefield State College Board of Governors, Robert Perkinson, Jr., Bluefield, Mercer County, for the term ending June 30, 2018.
121. For Member, Bluefield State College Board of Governors, Norris Kantor, Bluefield, Mercer County, for the term ending June 30, 2018.
122. For Member, Unemployment Compensation Board of Review, The Honorable Martha Walker, Charleston, Kanawha County, for the term ending January 1, 2017.
123. For Member, Blue Ridge Community and Technical College Board of Governors, Albert T. Britton, Charles Town, Jefferson County, for the term ending June 30, 2018.
124. For Member, Blue Ridge Community and Technical College Board of Governors, Teresa E. McCabe, Martinsburg, Berkeley County, for the term ending June 30, 2018.
125. For Member, Blue Ridge Community and Technical College Board of Governors, Rebecca Linton, Martinsburg, Berkeley County, for the term ending June 30, 2017.
126. For Member, Blue Ridge Community and Technical College Board of Governors, Keith Unger, Berkeley Springs, Morgan County, for the term ending June 30, 2016.
127. For Member, Blue Ridge Community and Technical College Board of Governors, William L. Stubblefield, Martinsburg, Berkeley County, for the term ending June 30, 2017.
128. For Member, Blue Ridge Community and Technical College Board of Governors, Stephanie L. Harvey, Martinsburg, Berkeley County, for the term ending June 30, 2016.
129. For Member, Blue Ridge Community and Technical College Board of Governors, Chuck Basa, Winchester, Virginia, for the term ending June 30, 2015.
130. For Member, Blue Ridge Community and Technical College Board of Governors, Heather McIntyre, Charles Town, Jefferson County, for the term ending June 30, 2015.
131. For Member, Eastern West Virginia Community and Technical College Board of Governors, Junior Helmick, Parsons, Tucker County, for the term ending June 30, 2016.
132. For Member, Eastern West Virginia Community and Technical College Board of Governors, Greg Greenwalt, Moorefield, Hardy County, for the term ending June 30, 2016.
133. For Member, Committee for the Purchase of Commodities and Services from the Handicapped, Kim Nuckles, Charleston, Kanawha County, for the term ending January 31, 2015.
134. For Member, Board of Dentistry, Byron Black, Ripley, Jackson County, for the term ending June 30, 2019.
135. For Member, Board of Registration for Professional Engineers, Edward Robinson, Charleston, Kanawha County, for the term ending June 30, 2019.
136. For Member, Board of Medicine, Ahmed Faheem, Daniels, Raleigh County, for the term ending September 30, 2019.
137. For Member, Board of Medicine, Cathy Funk, Martinsburg, Berkeley County, for the term ending September 30, 2019.
138. For Member, Board of Medicine, Mustafa Rahim, Beckley, Raleigh County, for the term ending September 30, 2019.
139. For Member, Board of Directors of the West Virginia United Health System, William Stone, Danville, Boone County, for the term ending October 15, 2020.
140. For Member, Board of Directors of the West Virginia United Health System, Jose Sartarelli, Morgantown, Monongalia County, for the term ending October 15, 2020.
141. For Director, Division of Protective Services, Kevin J. Foreman, Elkview, Kanawha County, to serve at the will and pleasure of the Governor.
142. For Member, Children’s Health Insurance Plan Board, Kellie Wooten-Willis, Logan, Logan County, for the term ending June 30, 2016.
143. For Member, West Liberty University Board of Governors, Patrick Ford, Weirton, Hancock County, for the term ending June 30, 2017.
144. For Member, Northern Community College Board of Governors, H. Brann Altmeyer, Wheeling, Ohio County, for the term ending June 30, 2018.
145. For Member, Northern Community College Board of Governors, Christin Byrum, Wheeling, Ohio County, for the term ending June 30, 2018.
146. For Member, Northern Community College Board of Governors, Jonathon H. Greer, Wheeling, Ohio County, for the term ending June 30, 2016.
147. For Member, New River Community and Technical College Board of Governors, Albert A. Martine III, Daniels, Raleigh County, for the term ending June 30, 2018.
148. For Member, New River Community and Technical College Board of Governors, Tom Lemke, Daniels, Raleigh County, for the term ending June 30, 2016.
149. For Member, Public Service Commission, The Honorable Brooks F. McCabe, Jr., Charleston, Kanawha County, for the term ending June 30, 2015.
150. For Member, Board of Risk and Insurance Management, Bruce Martin, Fairmont, Marion County, for the term ending June 30, 2018.
151. For Member, West Virginia University – Parkersburg Board of Governors, John Denbigh, Spencer, Roane County, for the term ending June 30, 2018.
152. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Eva Hallis, Charleston, Kanawha County, for the term ending June 30, 2016.
153. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Tuanya Layton, Charleston, Kanawha County, for the term ending June 30, 2016.
154. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Jamie S. Browning, West Logan, Logan County, for the term ending June 30, 2017.
155. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Howard W. Lafferty, Charleston, Kanawha County, for the term ending June 30, 2015.
156. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Tonya Painter, Fairlea, Greenbrier County, for the term ending June 30, 2015.
157. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Kristi Justice, St. Albans, Kanawha County, for the term ending June 30, 2017.
158. For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Paul H. Blom, Barboursville, Cabell County, for the term ending June 30, 2017.
159. For Director, Division of Natural Resources, Robert A. Fala, Chapmanville, Logan County, for the term ending December 31, 2018.
160. For Commissioner, Division of Motor Vehicles, Patricia S. Reed, Beckley, Raleigh County, to serve at the will and pleasure of the Governor.
161. For Member, State Personnel Board, Erica Mani, Charleston, Kanawha County, for the term ending June 30, 2018.
162. For Member, Ohio River Valley Water Sanitation Commission, David Flannery, Charleston, Kanawha County, for the term ending June 30, 2020.
163. For Member, Property Valuation and Training Procedures Commission, Jason Nettles, Grantsville, Calhoun County, for the term ending June 30, 2018.
164. For Member, Property Valuation and Training Procedures Commission, Kurt A. Donaldson, Morgantown, Monongalia County, for the term ending June 30, 2018.
165. For Member, Property Valuation and Training Procedures Commission, Mickey Brown, Madison, Boone County, for the term ending June 30, 2018.
166. For Member, Property Valuation and Training Procedures Commission, Calvin A. Kent, Huntington, Cabell County, for the term ending June 30, 2018.
167. For Member, Property Valuation and Training Procedures Commission, Janice LaRue, Piedmont, Mineral County, for the term ending June 30, 2018.
168. For Member, Archives and History Commission, Robert Conte, Union, Monroe County, for the term ending June 30, 2017.
169. For Member, Archives and History Commission, Joan Walker, Hedgesville, Berkeley County, for the term ending June 30, 2017.
170. For Member, Archives and History Commission, Rebecca Frye, Martinsburg, Berkeley County, for the term ending June 30, 2017.
171. For Member, Archives and History Commission, Bill Richardson, Williamson, Mingo County, for the term ending June 30, 2017.
172. For Member, Archives and History Commission, Harold M. Forbes, Morgantown, Monongalia County, for the term ending June 30, 2016.
173. For Member, Archives and History Commission, Keven Walker, Martinsburg, Berkeley County, for the term ending June 30, 2016.
174. For Member, Archives and History Commission, Melissa Bingmann, Morgantown, Monongalia County, for the term ending June 30, 2015.
175. For Member, Archives and History Commission, Nathan J. Randolph, Huntington, Cabell County, for the term ending June 30, 2017.
176. For Member, Board of Education, Beverly E. Kingery, South Charleston, Kanawha County, for the term ending November 4, 2022.
177. For Member, Board of Education, James S. Wilson, Glen Dale, Marshall County, for the term ending November 4, 2023.
178. For Member, Archives and History Commission, Victor Greco, Wheeling, Ohio County, for the term ending June 30, 2015.
179. For Member, Archives and History Commission, Charles Ledbetter, Scott Depot, Putnam County, for the term ending June 30, 2015.
180. For Member, Municipal Pensions Oversight Board, Jason M. Matthews, Parkersburg, Wood County, for the term ending January 1, 2018.
181. For Member, Motor Vehicle Dealers Advisory Board, John Jenkins, Buckhannon, Upshur County, for the term ending June 30, 2017.
182. For Member, Motor Vehicle Dealers Advisory Board, Wally Thornhill, Pecks Mill, Logan County, for the term ending June 30, 2015.
183. For Member, Marshall University Board of Governors, Michael Sellards, Huntington, Cabell County, for the term ending June 30, 2018.
184. For Member, Marshall University Board of Governors, The Honorable Oshel B. Craigo, Winfield, Putnam County, for the term ending June 30, 2018.
185. For Member, Marshall University Board of Governors, Joseph McDonie, Milton, Cabell County, for the term ending June 30, 2018.
186. For Member, Regional Jail and Correctional Facility Authority, Steve Deweese, Winfield, Putnam County, for the term ending June 30, 2015.
187. For Member, Regional Jail and Correctional Facility Authority, Marshall Long, Princeton, Mercer County, for the term ending June 30, 2017.
188. For Member, Mountwest Community and Technical College Board of Governors, Thomas Gibson, Kenova, Wayne County, for the term ending June 30, 2018.
189. For Member, Mountwest Community and Technical College Board of Governors, Jeffrey D. Goad, Barboursville, Cabell County, for the term ending June 30, 2018.
190. For Member, Mountwest Community and Technical College Board of Governors, Matthew W. Deerfield, Prichard, Wayne County, for the term ending June 30, 2018.
191. For Member, Board of Hearing Aid Dealers, George Evans, Parkersburg, Wood County, for the term ending July 13, 2017.
192. For Member, School of Osteopathic Medicine Board of Governors, Greg A. Burton, Charleston, Kanawha County, for the term ending June 30, 2018.
193. For Member, School of Osteopathic Medicine Board of Governors, J. Fred Earley II, Parkersburg, Wood County, for the term ending June 30, 2017.
194. For Member, State Conservation Committee, Eli McCoy, Charleston, Kanawha County, for the term ending September 6, 2017.
195. For Member, State Conservation Committee, Angela Rosser, Charleston, Kanawha County, for the term ending September 6, 2015.
196. For Member, State Conservation Committee, Boyd Meadows, Milton, Cabell County, for the term ending September 6, 2018.
197. For Member, State Conservation Committee, Tom Warner, Beverly, Randolph County, for the term ending September 6, 2018.
198. For Member, Fire Commission, Carl Sizemore, Mineral Wells, Wood County, for the term ending June 30, 2018.
199. For Member, Fire Commission, Virgil White, Charleston, Kanawha County, for the term ending June 30, 2017.
200. For Member, Fire Commission, Grant Gunnoe, Winfield, Putnam County, for the term ending June 30, 2019.
201. For Member, Natural Resources Commission, Gregory K. Burnette, Elkview, Kanawha County, for the term ending June 30, 2021.
202. For Member, Board of Barbers and Cosmetologists, Khuong Nguyen, Charles Town, Jefferson County, for the term ending June 30, 2018.
203. For Member, Board of Barbers and Cosmetologists, Sean Stevens, Beckley, Raleigh County, for the term ending June 30, 2019.
204. For Member, West Virginia University – Parkersburg Board of Governors, Cheryl Donohoe, Ripley, Jackson County, for the term ending June 30, 2018.
205. For Member, West Virginia University – Parkersburg Board of Governors, Sam Winans, Vienna, Wood County, for the term ending June 30, 2018.
206. For Member, West Virginia University – Parkersburg Board of Governors, Steve Hardman, Parkersburg, Wood County, for the term ending June 30, 2018.
207. For Member, West Virginia University – Parkersburg Board of Governors, Donna M. Smith, Vienna, Wood County, for the term ending June 30, 2016.
208. For Member, Housing Development Fund, Julia Elbon, Elkins, Randolph County, for the term ending October 30, 2018.
Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Earl Ray Tomblin,
Governor.
Which communication was received and referred to the Committee on Confirmations and incorporated with the legislative nomination received earlier; all to be considered as a special order of business for Friday, March 13, 2015, at 11 a.m.
Senator Cole (Mr. President) next laid before the Senate the following communication from His Excellency, the Governor, which was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 11, 2015
The Honorable William P. Cole III
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Cole:
Pursuant to the provisions of section fourteen, article VII of the Constitution of West Virginia, I again disapprove and return Enrolled Senate Bill No. 389 for technical reasons.
The bill’s title is deficient. The title states that the bill is amending and reenacting W. Va. Code §30-13-18, but does not provide that it is also amending and reenacting §30-13-13a and §30-13-17. For this reason, I disapprove and return the bill. I urge the Legislature to correct this technical issue, and to return the bill to my desk for signature.
Sincerely,
Earl Ray Tomblin,
Governor.
cc: The Honorable Tim Armstead
The Honorable Natalie E. Tennant
Senator Carmichael moved that in accordance with Section 14, Article VII of the Constitution of the State of West Virginia, the Senate proceed to reconsider
Enr. Senate Bill No. 389, Relating to Board of Registration for Professional Engineers license renewals and reinstatements.
Heretofore disapproved and returned by His Excellency, the Governor, with his objections.
The question being on the adoption of Senator Carmichael’s motion that the Senate reconsider Enrolled Senate Bill No. 389, the same was put and prevailed.
On motion of Senator Blair, the following amendment to the title of the bill was reported by the Clerk and adopted:
Enr. Senate Bill No. 389--A Bill to amend and reenact §30-13-13a, §30-13-17 and §30-13-18 of the Code of West Virginia, 1931, as amended, all relating to the Board of Registration for Professional Engineers; changing time period for renewal from fiscal year to calendar year; authorizing renewal notification by mail or electronically; providing for reinstatement of nonrenewed licenses; authorizing annual or biennial renewal periods; providing a late fee; and requiring emergency rules related to renewal and reinstatement.
The question now being on the passage of the bill, disapproved by the Governor and amended by the Senate.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Enr. S. B. No. 389) passed with its title, as amended, as a result of the objections of the Governor.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 389) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the fourth order of business.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2233, Requiring that legislative rules be reviewed five years after initial approval by the Legislative Rule-Making Review Committee and the Legislative Auditor's Office.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2233) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2263, Providing guidance for prosecuting attorneys in cases involving abused and neglected children.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2263) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2395, Storm Scammer Consumer Protection Act.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2395) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2585, Requiring leaseholders of mineral interests to notify the owners of the minerals when there is an assignment of the lease to another party.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2585) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2636, Exempting information contained in a concealed weapon permit application from the Freedom of Information Act.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Camichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2636) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2766, Expiring funds to the unappropriated balance in the State Fund, General Revenue from the Joint Expenses, and from the Department of Health and Human Resources.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 10, 2015;
Eng. House Bill No. 3021, Making a supplementary appropriation to the Department of Health and Human Resources.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 10, 2015;
And,
Eng. House Bill No. 3022, Making a supplementary appropriation to the Treasurer's Office, to the State Board of Education, to Mountwest Community and Technical College, to the West Virginia School of Osteopathic Medicine, and to West Virginia State University.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 10, 2015;
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Mike Hall,
Chair.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2769, Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue from various agencies.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 10, 2015;
Eng. Com. Sub. for House Bill No. 2772, Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, from the Auditor's Office - Purchasing Card Administration Fund.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 10, 2015;
And,
Eng. House Bill No. 3020, Making a supplementary appropriation to the Department of Military Affairs and Public Safety, Division of Corrections.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 10, 2015;
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Mike Hall,
Chair.
The Senate proceeded to the sixth order of business.
Petitions
Senator Boso presented a petition from Dinah Mitchell and numerous West Virginia residents, supporting Senate Bill No. 35 (Permitting carrying of concealed weapons without license).
Referred to the Committee on Government Organization.
Senator Nohe presented a petition from Ebby Stier and numerous West Virginia residents, opposing Senate Bill No. 337 (Creating workplace freedom act).
Referred to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 13, Urging Congress propose balanced budget amendment.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motions of Senators Woelfel and Beach, the following amendments to the resolution were reported by the Clerk and considered simultaneously:
On page one, in the first Whereas clause, after the words “balanced budget amendment” by inserting the words “and an amendment ensuring that corporate entities are not people”;
On page one, in the first Whereas clause, by striking out the words “proposing an amendment” and inserting in lieu thereof the words “proposing amendments”;
On page one, in the first Whereas clause, after the words “appropriate fiscal restraints” by inserting the words “and ensure that corporate entities are not people and do not have the same First Amendment free speech rights as natural persons”;
On page one, in the second Whereas clause, after the words “do not pertain to” by inserting the word “either”;
On page one, in the second Whereas clause, after the word “restraints” by inserting the words “or an amendment ensuring that corporate entities are not people and do not have the same First Amendment free speech rights as natural persons”;
On page two, in the second Whereas clause, after the word “subject” by inserting the words “not set forth in this resolution”;
On page two, after the third Whereas clause, by inserting the following:
“Whereas, This application is to be considered as covering the corporate entity personhood amendment language of the presently outstanding applications following Citizens United from other states, including previously adopted applications from Vermont, California, Illinois and New Jersey. This application shall be aggregated with those other applications for the purpose of attaining the two thirds of states necessary to require the calling of a convention for proposing an amendment ensuring that corporate entities are not people and do not have First Amendment free speech rights, but shall not be aggregated with any applications on any other subject not set forth in this resolution; and”;
On page two, in the Resolved clause, after the words “proposing a balanced budget amendment” by inserting the words “and an amendment to ensure that corporate entities are not people and do not have First Amendment free speech rights, thereby reversing a portion of the Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), holding”;
On page two, in the first Further Resolved clause, after the words “balanced budget amendment” by inserting the words “and to ensure that corporate entities are not people and do not have First Amendment free speech rights as natural persons”;
On page three, in the first Further Resolved clause, after the word “restraints” by inserting the words “and to ensure that corporate entities are not people and do not have the same First Amendment free speech rights as natural persons”;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 13--Urging the Congress of the United States to propose a balanced budget amendment to the United States Constitution and applying to the Congress, pursuant to Article V of the United States Constitution, to call a convention for proposing a balanced budget amendment and an amendment to ensure that corporate entities are not people and do not have First Amendment free speech rights, thereby reversing a portion of the Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), holding.
Following discussion,
The question being on the adoption of the amendments offered by Senators Woelfel and Beach to the resolution, and on this question, Senator Trump demanded the yeas and nays.
The roll being taken, the yeas were: Beach, Facemire, Kessler, Kirkendoll, Laird, Palumbo, Plymale, Romano, Snyder, Stollings, Unger, Woelfel and Yost--13.
The nays were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Miller, Mullins, Nohe, Prezioso, Sypolt, Takubo, Trump, Walters, Williams and Cole (Mr. President)--21.
Absent: None.
So, a majority of those present and voting not having voted in the affirmative, the President declared the amendments offered by Senators Woelfel and Beach to the resolution rejected.
The question now being on the adoption of the resolution (S. C. R. No. 13).
Following extended discussion,
On motion of Senator Carmichael, the Senate recessed for thirty minutes.
Upon expiration of the recess, the Senate reconvened and resumed consideration of
Senate Concurrent Resolution No. 13, Urging Congress propose balanced budget amendment.
The question being on the adoption of the resolution.
Following discussion,
Senator Plymale moved the previous question, which motion prevailed.
The previous question having been ordered, that being on the adoption of Senate Concurrent Resolution No. 13, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 33, Requesting Joint Committee on Government and Finance study undeveloped land preservation and conservation tax credit program.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 48, Requesting Joint Committee on Government and Finance study agreements between county commissions and municipalities regarding demolition of buildings unfit for human habitation.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 59, Requesting Joint Committee on Government and Finance study expansion of outcomes of MU Luke Lee Listening, Language and Learning Lab.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 61, Requesting DOH name bridge in Harrison County "U. S. Army PFC Nick A. Cavallaro Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 62, Requesting Joint Committee on Government and Finance study racing and gaming industries.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
House Concurrent Resolution No. 31, Declaring the Northern Red Salamander to be the official state amphibian.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 2098, Authorizing those health care professionals to provide services to patients or residents of state-run veterans' facilities without obtaining an authorization to practice.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2098) passed.
The following amendment to the title of the bill, from the Committee on Health and Human Resources, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2098--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-3-11b; and to amend said code by adding thereto a new section, designated §30-14-12c, all relating to services provided by allopathic and osteopathic physicians in federal veterans’ affairs facilities in this state; authorizing allopathic and osteopathic physicians to provide services to patients or residents of state-run veterans’ facilities by allowing them to obtain license without the required examination from the appropriate licensing agency of this state; limiting scope of the license to practice only in the state-run veterans’ facilities; providing rule-making authority to the appropriate licensing agencies of allopathic and osteopathic physicians; and requiring report to the Legislature.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2139, Relating to employment of retired teachers as substitutes in areas of critical need and shortage for substitutes.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2139) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2139) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 2148, Conforming the motor vehicle law of this state to the requirements of section 1405 of the federal Transportation Equity Act for the Twenty-first Century.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2148) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 2187, Encouraging public officials to display the national motto on all public property and public buildings.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2187) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2224, Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2224) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 2224--A Bill to amend and reenact §15-1F-7 of the Code of West Virginia, 1931, as amended, relating to unlawful military organizations; providing that historical reenactors are not violating the provision prohibiting unlawful military organizations; and providing that individuals or groups of individuals who drill, perform or parade at public ceremonies, including funerals, are not violating the provision prohibiting unlawful military organizations.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2224) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2366, Relating generally to the solicitation of minors.
Eng. Com. Sub. for House Bill No. 2478, Relating to public school finance.
On third reading, coming up in regular order, with the unreported Judiciary committee amendment pending, and with the right having been granted on yesterday, Wednesday, March 11, 2015, for further amendments to be received on third reading, was reported by the Clerk.
At the request of Senator Trump, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the bill was withdrawn.
On motion of Senator Trump, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.
§61-3C-14b. Soliciting, etc. a minor via computer; soliciting a minor and traveling to engage the minor in prohibited sexual activity; penalties.
(a) Any person over the age of eighteen, who knowingly uses a computer to solicit, entice, seduce or lure, or attempt to solicit, entice, seduce or lure, a minor known or believed to be who is at least four years younger than the person using the computer or a person he or she believes to be such a minor, to commit in order to engage in any illegal act proscribed by the provisions of article eight, eight-b, eight-c or eight-d of this chapter, or any felony offense under section four hundred one, article four, chapter sixty-a of this code, is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility not less than two nor more than ten years, or both.
(b) Any person eighteen years of age or older who uses a computer in the manner proscribed by the provisions of subsection (a) of this section and who additionally engages in any overt act designed to bring himself or herself into the minor’s or the person believed to be a minor’s physical presence with the intent to engage in any sexual activity or conduct with such a minor that is prohibited by law, is guilty of a felony and shall be fined not more than $25,000 or imprisoned in a state correctional facility for a determinate sentence of not less than five nor more than thirty years, or both: Provided, That subsection (a) of this section shall be deemed a lesser included offense to that created by this subsection.
ARTICLE 8A. PREPARATION, DISTRIBUTION OR EXHIBITION OF OBSCENE MATTER TO MINORS.
§61-8A-4. Use of obscene matter with intent to seduce minor.
Any adult, having knowledge of the character of the matter, who knows or believes that a person is a minor and distributes, offers to distribute or displays by any means any obscene matter to the person who is known or believed to be a minor, and such distribution, offer to distribute, or display is undertaken with the intent or for the purpose of facilitating the sexual seduction or abuse of the minor, is guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000, or confined imprisoned in a state correctional facility for not more than five years, or both. For a second and each subsequent commission of such offense, such person is guilty of a felony and, upon conviction, shall be fined not more than $50,000 or confined imprisoned in a state correctional facility for not more than ten years, or both.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2366), as just amended, was then read a third time.
Pending discussion,
At the request of Senator Kessler, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today’s second reading calendar.
Eng. House Bill No. 2370, Increasing the powers of regional councils for governance of regional education service agencies.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2370) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 2377, Authorizing State Board of Education to approve certain alternatives with respect to instructional time.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2377) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2461, Relating to delinquency proceedings of insurers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2461) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 2493, Relating to requirements for insurance policies and contracts providing accident and sickness insurance or direct health care services that cover anti-cancer medications.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2493) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 2496, Adopting the Interstate Medical Licensure Compact.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2496) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2595, Relating to certificates of need for the development of health facilities in this state.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2595) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2608, Cleaning up redundant language in the statute relating to misdemeanor offenses for violation of protective orders.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2608) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2625, Continuing the current hazardous waste management fee.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2625) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 2662, Eye Care Consumer Protection Law.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2662) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2733, Removing certain combinations of drugs containing hydrocodone from Schedule III of the controlled substances law.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2733) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2780, Enhancing the ability of campus police officers at public colleges to perform their duties.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2780) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 2793, Relating to exemptions from mandatory school attendance.
On third reading, coming up in regular order, with the unreported Education committee amendments pending, and with the right having been granted on yesterday, Wednesday, March 11, 2015, for further amendments to be received on third reading, was reported by the Clerk.
The following amendments to the bill, from the Committee on Education, were reported by the Clerk and considered simultaneously:
On page six, section one, after line seventy-five, by inserting a new paragraph, to read as follows:
“(B) The person or persons providing home instruction shall submit satisfactory evidence of a high school diploma or equivalent;”;
And,
By relettering the remaining paragraphs.
On motion of Senator Takubo, the following amendment to the Education committee amendments to the bill (Eng. Com. Sub. for H. B. No. 2793) was reported by the Clerk and adopted:
By striking out all of paragraph (B) and inserting in lieu thereof a new paragraph, designated paragraph (B), to read as follows:
“(B) With the notice required in paragraph (A) of this subdivision, the person or persons providing home instruction shall submit satisfactory evidence of a high school diploma from a public school, private school or homeschool or the equivalent”.
The question now being on the adoption of the Education committee amendment to the bill, as amended, the same was put and prevailed.
The following amendment to the bill (Eng. Com. Sub. for H. B. No. 2793), from the Committee on Education, was next reported by the Clerk:
On page six, section one, line eighty-three, after the word “year” by inserting the words “and submit the results to the county superintendent”.
On motion of Senator Takubo, the following amendment to the Education committee amendment to the bill was next reported by the Clerk:
By striking out the words “and submit the results to the county superintendent” and inserting in lieu thereof the words “pursuant to this paragraph. The academic assessment shall be satisfied”.
Following extended discussion,
Senator Snyder moved that Senator Takubo’s amendment to the Education committee amendment to the bill be tabled.
Following a point of inquiry to the President, with resultant response thereto,
The question being on the adoption of Senator Snyder’s aforestated motion, and on this question, Senator Plymale demanded the yeas and nays.
The roll being taken, the yeas were: Beach, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Unger, Williams, Woelfel and Yost--15.
The nays were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Sypolt, Takubo, Trump, Walters and Cole (Mr. President)--18.
Absent: Facemire--1.
So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Snyder’s motion to table had not prevailed.
The question now being on the adoption of Senator Takubo’s amendment to the Education committee amendment to the bill, and on this question, Senator Plymale demanded the yeas and nays.
To which demand, Senator D. Hall objected.
Thereafter, Senator Plymale’s demand for a roll call was sustained.
The roll being taken, the yeas were: Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Leonhardt, Maynard, Mullins, Nohe, Sypolt, Takubo, Trump, Walters and Cole (Mr. President)--18.
The nays were: Beach, Kessler, Kirkendoll, Laird, Miller, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Unger, Williams, Woelfel and Yost--15.
Absent: Facemire--1.
So, a majority of those present and voting having voted in the affirmative, the President declared Senator Takubo’s amendment to the Education committee amendment to the bill adopted.
The following amendments to the bill (Eng. Com. Sub. for H. B. No. 2793), from the Committee on Education, were reported by the Clerk, considered simultaneously, and adopted:
On page nine, section one, line one hundred twenty-nine, by striking out “(B)” and inserting in lieu thereof “(C)”;
And,
On page nine, section one, line one hundred forty-one, by striking “(B)” and inserting in lieu thereof “(C)”.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2793), as just amended, was then read a third time.
Pending extended discussion,
At the request of Senator Sypolt, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today’s second reading calendar, following consideration of Engrossed Committee Substitute for House Bill No. 2366, already placed in that position.
Eng. House Bill No. 2797, Changing the term "mentally retarded" to "intellectually disabled;" and changing the term "handicapped" to "disabled".
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2797) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 2867, Requiring recommendations for higher education course credit transfer.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2867) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2884, Modifying training and development requirement for certain members of certain higher education boards.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2884) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2892, Authorizing certain legislative rules regarding higher education.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2892) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2892) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2931, Adding drugs to the classification of schedule I drugs.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2931) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 2939, Relating to requirements for mandatory reporting of sexual offenses on school premises involving students.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2939) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2939--A Bill to amend and reenact §49-1-201 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-2-803 and §49-2-812 of said code, all relating to requirements for mandatory forthwith reporting by school personnel of certain sexual offenses against children; defining terms such as forthwith; adding conduct that must be reported to law enforcement; defining nature of conduct to be reported; modifying criminal penalties for failure to report; and requiring school administrators to provide written notice of reporting requirement to employees and to obtain and preserve signed acknowledgments thereof.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2976, Expanding the eligible master's and doctoral level programs for which a Nursing Scholarship may be awarded.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2976) passed with its title.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Laird, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Facemire--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2976) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 233, Budget Bill.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2005, Relating to alternative programs for the education of teachers.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Education, were reported by the Clerk, considered simultaneously, and adopted:
On page nineteen, section one-a, lines ten through twelve, by striking out the following: Under the State Board’s supervision, county boards may offer these programs without a partner pursuant to subsection (d), section one-b of this article.;
On page twenty, section one-a, after line thirty-six, by inserting a new subdivision, designated subdivision (3), to read as follows:
“(3) ‘Area of critical need and shortage’ means an opening in an established, existing or newly-created position which has been posted at least two times in accordance with section seven-a, article four of this chapter and for which no fully-qualified applicant has been employed;”;
And by renumbering the remaining subdivisions;
On page thirty-eight, section one-c, lines one through three, by striking out all of subsection (a) and inserting in lieu thereof a new subsection, designated subsection (a), to read as follows:
(a) Alternative program instruction. -- An alternative program for classroom teachers shall provide, at a minimum, either six credit hours or six staff development hours of instruction in one or more of the following subjects:;
On page forty-six, section one-f, lines twenty-four through twenty-six, by striking out all of subdivision (7), and inserting in lieu thereof a new subdivision, designated subdivision (7), to read as follows:
“(7) Receive from a county superintendent a formal offer of employment in an area of critical need and shortage and by a school or school district that is a member of an approved educational provider;”;
On page forty-six, section one-f, line twenty-nine, after the word “employed” by changing the semicolon to a period and inserting the following: “For the purposes of this section, ‘reasonably indicate’ means an academic major or occupational area the same as or similar to the subject matter to which the alternative program teacher is being hired to teach;”;
On page forty-seven, section one-f, line fifty-five, by striking out the word “including” and inserting in lieu thereof the word “except”;
On page forty-seven, section one-f, line fifty-five, after the word “seniority.” by adding the following: In no event will an alternative program teacher displace a professional educator as defined in section one, article one of this chapter.;
On page fifty-eight, section two-a, lines one hundred twenty-eight through one hundred twenty-nine, by striking out all of subparagraph (B);
And,
By relettering the remaining subparagraph.
The bill (Eng. Com. Sub. for H. B. No. 2005), as amended, was then ordered to third reading.
Eng. House Bill No. 2140, Building governance and leadership capacity of county board during period of state intervention.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2240, Providing that an act of domestic violence or sexual offense by strangling is an aggravated felony offense.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended, by adding thereto a new section, designated §61-2-9d, to read as follows:
§61-2-9d. Strangulation; definitions; penalties.
(a) As used in this section:
(1) “Bodily injury” means substantial physical pain, illness or any impairment of physical condition;
(2) “Strangle” means knowingly and willfully restricting another person’s air intake or blood flow by the application of pressure on the neck or throat;
(b) Any person who strangles another and thereby causes them bodily injury or thereby to lose consciousness is guilty of a felony and upon conviction thereof shall be confined in a state correctional facility for not less than one year or more than five years fined not more than $2,500.00, or both.
The bill (Eng. Com. Sub. for H. B. No. 2240), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2466, Exempting valid nonprofit organizations from licensing requirements of the West Virginia Alcoholic Beverage Control Authority during certain events.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 11. TAXATION.
ARTICLE 16. NONINTOXICATING BEER.
§11-16-11b. Special license for one-day charitable events; license fee and application; license subject to provisions of article; exceptions.
(a) The commissioner may issue a special one-day license to be designated a Class S1 license for the retail sale of nonintoxicating beer to a duly organized nonprofit corporation, limited liability entity or an association having received federal tax exempt status allowing the sale and serving of nonintoxicating beer when raising money for artistic, athletic, charitable, educational or religious purposes. The special license may be issued for a term no longer than one day. The nonrefundable fee is $25 for the one-day license. The license application shall contain information the commissioner requires and shall be submitted to the commissioner at least fifteen days prior to the event. Nonintoxicating beer or liquor used during the event may be donated by or purchased from a licensed retailer, distributor, mini-distillery or resident brewer.
(b) A license issued under the provisions of this section and the licensee holding the license is subject to all other provisions of this article and the rules and orders of the commissioner relating to the special license: Provided, That the commissioner may by rule or order allow waivers or exceptions with respect to those provisions, rules or orders as the circumstances of each event requires, including, without limitation, the right to revoke or suspend any license issued pursuant to this section prior to any notice or hearing, notwithstanding the provisions of section twenty-four of this article: Provided, however, That under no circumstances may the provisions of subdivision (1), (2) or (3), subsection (a), section eighteen of this article be waived or an exception granted with respect thereto.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 6. MISCELLANEOUS PROVISIONS.
§60-6-7. Specific acts forbidden; indictment.
A person shall may not:
(1) Manufacture or sell in this state without a license any alcoholic liquor except as permitted by this article:
(2) Aid or abet in the manufacture or sale of alcoholic liquor without a license except as permitted by this article;
(3) Sell without a license any alcoholic liquor other than permitted by this article;
(4) Adulterate any alcoholic liquor by the addition of any drug, methyl alcohol, crude, unrectified or impure form of ethyl alcohol, or other foreign or deleterious substance or liquid;
(5) Refill, with alcoholic liquor, any bottle or other container in which alcoholic liquor has been sold at retail in this state;
(6) Advertise any alcoholic liquor in this state except in accordance with the rules and regulations of the commissioner; or
(7) Distribute, deal in, process or use crowns, stamps or seals required under the authority of this chapter, except in accordance with the rules and regulations prescribed by the commissioner.
A person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction shall be fined not less than $50 nor more than $500, or confined in jail not less than thirty days nor more than one year or both such fine and imprisonment, for the first offense. Upon conviction of a second or subsequent offense, the court may in its discretion impose a penalty of confinement in the penitentiary a state correctional facility for a period not to exceed three years.
An indictment for any first violation of subdivisions (1), (2) and (3) of this section, or any of them, shall be sufficient if in form or effect as follows:
State of West Virginia
County of ..........................., to wit:
The Grand Jurors of the State of West Virginia, in and for the body of the County of .........., upon their oaths present that ..............., on the ....... day of ........, 1920...., in the said County of .........., did unlawfully, without a state license and without authorization under the Alcohol Beverage Control Act, manufacture and sell, and aid and abet in the manufacture and sale of a quantity of alcoholic liquor, against the peace and dignity of the state.
Any indictment under this section shall otherwise be in conformity with section one, article nine, chapter sixty-two of the code.
ARTICLE 8. SALE OF WINES.
§60-8-3. Licenses; fees; general restrictions.
(a) No person may engage in business in the capacity of a winery, farm winery, supplier, distributor, retailer, private wine bed and breakfast, private wine restaurant, private wine spa or wine specialty shop without first obtaining a license from the commissioner, nor shall a person continue to engage in any activity after his or her license has expired, been suspended or revoked. No person may be licensed simultaneously as a distributor and a retailer. No person, except for a winery or farm winery, may be licensed simultaneously as a supplier and a retailer. No person may be licensed simultaneously as a supplier and a private wine bed and breakfast, private wine restaurant or a private wine spa. No person may be licensed simultaneously as a distributor and a private wine bed and breakfast, a private wine restaurant or a private wine spa. No person may be licensed simultaneously as a retailer and a private wine bed and breakfast, a private wine restaurant or a private wine spa.
(b) The commissioner shall collect an annual fee for licenses issued under this article as follows:
(1) One hundred fifty dollars per year for a supplier’s license;
(2) Twenty-five hundred dollars per year for a distributor’s license and each separate warehouse or other facility from which a distributor sells, transfers or delivers wine shall be separately licensed and there shall be collected with respect to each location the annual license fee of $2,500 as herein provided;
(3) One hundred fifty dollars per year for a retailer’s license;
(4) Two hundred fifty dollars per year for a wine specialty shop license, in addition to any other licensing fees paid by a winery or retailer holding a license, except for the amount of the license fee and the restriction to sales of winery or farm winery wines, a winery or farm winery acting as a wine specialty shop retailer is subject to all other provisions of this article which are applicable to a wine specialty shop retailer as defined in section two of this article;
(5) One hundred fifty dollars per year for a wine tasting license;
(6) One hundred fifty dollars per year for a private wine bed and breakfast license and each separate bed and breakfast from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each location the annual license fee of $150 as herein provided;
(7) Two hundred fifty dollars per year for a private wine restaurant license and each separate restaurant from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each location the annual license fee of $250 as herein provided;
(8) One hundred fifty dollars per year for a private wine spa license and each separate private wine spa from which a licensee sells wine shall be separately licensed and there shall be collected with respect to each location the annual license fee of $150 as herein provided;
(9) One hundred fifty dollars per year for a wine sampling license issued for a wine specialty shop under subsection (n) of this section;
(10) No fee shall be charged for a special one-day license under subsection (p) of this section or for a heritage fair and festival license under subsection (q) of this section; and
(11) One hundred fifty dollars per year for a direct shipper’s license for a licensee who sells and ships only wine and $250 per for a direct shipper’s license who ships and sells wine, nonfortified dessert wine, port, sherry or Madeira wines.
(12) Three hundred dollars per year for a multicapacity winery or farm winery license which shall enable the holder to operate as a retailer, wine specialty shop, supplier and direct shipper without obtaining an individual license for each capacity.
(c) The license period shall begin on July 1 of each year and end on June 30 of the following year and if granted for a less period, the same shall be computed semiannually in proportion to the remainder of the fiscal year.
(d) No retailer may be licensed as a private club as provided by article seven of this chapter, except as provided by subsection (k) of this section.
(e) No retailer may be licensed as a Class A retail dealer in nonintoxicating beer as provided by article sixteen, chapter eleven of this code: Provided, That a delicatessen, a caterer or party supply store which is a grocery store as defined in section two of this article and which is licensed as a Class A retail dealer in nonintoxicating beer may be a retailer under this article: Provided, however, That any delicatessen, caterer or party supply store licensed in both capacities must maintain average monthly sales exclusive of sales of wine and nonintoxicating beer which exceed the average monthly sales of nonintoxicating beer.
(f) A wine specialty shop under this article may also hold a wine tasting license authorizing the retailer to serve complimentary samples of wine in moderate quantities for tasting. Such The wine specialty shop shall organize a wine taster’s club, which has at least fifty duly elected or approved dues-paying members in good standing. Such The club shall meet on the wine specialty shop’s premises not more than one time per week and shall either meet at a time when the premises are closed to the general public, or shall meet in a separate segregated facility on the premises to which the general public is not admitted. Attendance at tastings shall be limited to duly elected or approved dues-paying members and their guests.
(g) A retailer who has more than one place of retail business shall obtain a license for each separate retail establishment. A retailer’s license may be issued only to the proprietor or owner of a bona fide grocery store or wine specialty shop.
(h) The commissioner may issue a special license for the retail sale of wine at any festival or fair which is endorsed or sponsored by the governing body of a municipality or a county commission. Such The special license shall may be issued for a term of no longer than ten consecutive days and the fee therefor shall be is $250 regardless of the term of the license unless the applicant is the manufacturer of said the wine on a winery or a farm winery as defined in section five-a, article one of this chapter, in which event the fee shall be is $50 if the event is held on the premises of the winery or farm winery. The application for the license shall contain information as the commissioner may reasonably require and shall be submitted to the commissioner at least thirty days prior to the first day when wine is to be sold at the festival or fair. A winery or a farm winery licensed under this subsection may exhibit, conduct tastings or sell samples, not to exceed a reasonable serving of three ounces, and may sell wine samples for consumption on the premises during the operation of a festival or fair: Provided, That for licensed wineries or farm wineries at a licensed festival or fair the tastings, samples and off-premises sales shall occur under the hours of operation as required in this article, except that on Sunday tastings, samples and off-premises sales are unlawful between the hours of 2:00 a. m. and 10:00 a. m. A special license issued other than to a winery or a farm winery may be issued to a “wine club” as defined herein below. The festival or fair committee or the governing body shall designate a person to organize a club under a name which includes the name of the festival or fair and the words “wine club”. The license shall be issued in the name of the wine club. A licensee may not commence the sale of wine as provided in this subsection until the wine club has at least fifty dues-paying members who have been enrolled and to whom membership cards have been issued. Thereafter, new members may be enrolled and issued membership cards at any time during the period for which the license is issued. A wine club licensed under the provisions of this subsection may sell wine only to its members, and in portions not to exceed eight ounces per serving. The sales shall take place on premises or in an area cordoned or segregated so as to be closed to the general public, and the general public shall not be admitted to the premises or area. A wine club licensee under the provisions of this subsection shall be is authorized to serve complimentary samples of wine in moderate quantities for tasting.
A license issued under the provisions of this subsection and the licensee holding the license shall be is subject to all other provisions of this article and the rules and orders of the commissioner relating to the special license: Provided, That the commissioner may by rule regulation or order provide for certain waivers or exceptions with respect to the provisions, rules regulations or orders as the circumstances of each festival or fair may require, including, without limitation, the right to revoke or suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding the provisions of section twenty-seven and twenty-eight of this article: Provided, however, That under no circumstances shall may the provisions of subsection (c) or (d), section twenty of this article be waived nor shall or any exception be granted with respect thereto.
A license issued under the provisions of this subsection and the licensee holding the license is not subject to the provisions of subsection (g) of this section.
(i) (A) The commissioner may issue a special license for the retail sale of wine in a professional baseball stadium. A license to sell wine granted pursuant to this subsection entitles the licensee to sell and serve wine, for consumption in a professional baseball stadium. For the purpose of this subsection, "professional baseball stadium" means a facility constructed primarily for the use of a major or minor league baseball franchisee affiliated with the National Association of Professional Baseball Leagues, Inc., or its successor, and used as a major or minor league baseball park. Any special license issued pursuant to this subsection shall be for a term beginning on the date of issuance and ending on the next following June 30, and its fee is $250 regardless of the length of the term of the license. The application for the special license shall contain information as the commissioner may reasonably require and must be submitted to the commissioner at least thirty days prior to the first day when wine is to be sold at the professional baseball stadium. The special license may be issued in the name of the baseball franchisee or the name of the primary food and beverage vendor under contract with the baseball franchisee. These sales must take place within the confines of the professional baseball stadium, provided that the exterior of the area where wine sales may occur are surrounded by a fence or other barrier prohibiting entry except upon the franchisee’s express permission, and under the conditions and restrictions established by the franchisee, so that the wine sales area is closed to free and unrestricted entry by the general public.
(B) A license issued under this subsection and the licensee holding the license is subject to all other provisions of this article and the rules and orders of the commissioner relating to the special license: Provided, That the commissioner may by rule or order grant certain waivers or exceptions to those rules or orders as the circumstances of each professional baseball stadium may require, including, without limitation, the right to revoke or suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding sections twenty-seven and twenty-eight of this article: Provided, however, That under no circumstances may subsection (c) or (d), section twenty of this article be waived nor shall any or an exception be granted concerning those subsections.
(C) The commissioner has the authority to propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement this subsection.
(j) A license to sell wine granted to a private wine bed and breakfast, private wine restaurant, private wine spa or a private club under the provisions of this article entitles the operator to sell and serve wine, for consumption on the premises of the licensee, when the sale accompanies the serving of food or a meal to its members and their guests in accordance with the provisions of this article: Provided, That a licensed private wine bed and breakfast, private wine restaurant, private wine spa or a private club may permit a person over twenty-one years of age to purchase wine, consume wine and recork or reseal, using a tamper resistant cork or seal, up to two separate bottles of unconsumed wine in conjunction with serving of food or a meal to its members and their guests in accordance with the provisions of this article and in accordance with regulations rules promulgated by the commissioner for the purpose of consumption of said the wine off premises: Provided, however, That for this article, food or a meal provided by the private licensee means that the total food purchase, excluding beverage purchases, taxes, gratuity or other fees is at least $15: Provided further, That a licensed private wine restaurant or a private club may offer for sale for consumption off the premises, sealed bottles of wine to its customers provided that no more than one bottle is sold per each person over twenty-one years of age, as verified by the private wine restaurant or private club, for consumption off the premises. Such The licensees are authorized to keep and maintain on their premises a supply of wine in quantities as may be appropriate for the conduct of operations thereof. Any sale of wine so made shall be is subject to all restrictions set forth in section twenty of this article. A private wine restaurant may also be licensed as a Class A retail dealer in nonintoxicating beer as provided by article sixteen, chapter eleven of this code.
(k) With respect to subsections (h), (i), (j), (o) and (p) of this section, the commissioner shall promulgate propose legislative rules in accordance with the provisions of chapter twenty-nine-a of this code with regard to the form of the applications, the suitability of both the applicant and location of the licensed premises and other legislative rules deemed necessary to carry the provisions of the subsections into effect.
(l) The commissioner shall promulgate propose legislative rules in accordance with the provisions of chapter twenty-nine-a of this code to allow restaurants to serve wine with meals, and to sell wine by the bottle for off-premises consumption as provided in subsection (j) of this section. Each restaurant so licensed shall be charged an additional $100 per year fee.
(m) The commissioner shall establish guidelines to permit wines to be sold in all stores licensed for retail sales.
(n) Wineries and farm wineries may advertise off premises as provided in section seven, article twenty-two, chapter seventeen of this code.
(o) A wine specialty shop under this article may also hold a wine sampling license authorizing the wine specialty shop to conduct special wine sampling events at a licensed wine specialty shop location during regular hours of business. The wine specialty shop may serve up to three complimentary samples of wine, consisting of no more than one ounce each, to any one consumer in one day. Persons serving the complimentary samples must be twenty-one years of age and an authorized representative of the licensed wine specialty shop, winery, farm winery or a representative of a distributor or registered supplier. Distributor and supplier representatives attending wine sampling events must be registered with the commissioner. No licensee, employee or representative may furnish, give or serve complimentary samples of wine to any person less than twenty-one years of age or to a person who is physically incapacitated due to the consumption of alcoholic liquor or the use of drugs. The wine specialty shop shall notify and secure permission from the commissioner for all wine sampling events one month prior to the event. Wine sampling events may not exceed six hours per calendar day. Licensees must purchase all wines used during these events from a licensed farm winery or a licensed distributor.
(p) The commissioner may issue special one-day licenses to duly organized, nonprofit corporations and associations having received federal tax exempt status allowing the sale and serving of wine when raising money for artistic, athletic, charitable, educational or religious purposes. The nonrefundable fee is $25 for the one-day license. The license application shall contain information as the commissioner may reasonably require and shall be submitted to the commissioner at least thirty fifteen days prior to the event. Wines used during these events may be donated by or purchased from a licensed retailer, a distributor or a farm winery. Under no circumstances may the provision of subsection (c), section twenty of this article be waived nor or may any an exception be granted with respect thereto.
(q) The commissioner may issue special licenses to heritage fairs and festivals allowing the sale, serving and sampling of wine from a licensed farm winery. The license application shall contain information required by the commissioner and shall be submitted to the commissioner at least thirty days prior to the event. Wines used during these events may be donated by or purchased from a licensed farm winery. Under no circumstances may the provision of subsection (c), section twenty of this article be waived nor may any exception be granted with respect thereto. The commissioner shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement the provisions of this subsection.
(r) (1) The commissioner may issue a special license for the retail sale of wine in a college stadium. A license to sell wine granted pursuant to this subsection entitles the licensee to sell and serve wine for consumption in a college stadium. For the purpose of this subsection, “college stadium” means a facility constructed primarily for the use of a Division I college that is a member of the National Collegiate Athletic Association, or its successor, and used as a football, basketball, baseball, soccer or other Division I sports stadium. A special license issued pursuant to this subsection shall be for a term beginning on the date of its issuance and ending on the next following June 30, and its fee is $250 regardless of the length of the term of the license. The application for the special license shall contain information as the commissioner may reasonably require and must be submitted to the commissioner at least thirty days prior to the first day when wine is to be sold. The special license may be issued in the name of the National Collegiate Athletic Association Division I college or university or the name of the primary food and beverage vendor under contract with that college or university. These sales must take place within the confines of the college stadium: Provided, That the exterior of the area where wine sales may occur are surrounded by a fence or other barrier prohibiting entry except upon the college or university’s express permission, and under the conditions and restrictions established by the college or university, so that the wine sales area is closed to free and unrestricted entry by the general public.
(2) A license issued under this subsection and the licensee are subject to the other requirements of this article and the rules and orders of the commissioner relating to the special license: Provided, That the commissioner may by rule or order grant certain waivers or exceptions to those rules or orders as the circumstances of each the college stadium may require, including, without limitation, the right to revoke or suspend any license issued pursuant to this section prior to any notice or hearing notwithstanding sections twenty-seven and twenty-eight of this article: Provided, however, That subsection (c) or (d), section twenty of this article may not be waived, nor shall any may an exception be granted concerning those subsections.
(3) The commissioner may propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement this subsection.
The bill (Eng. Com. Sub. for H. B. No. 2466), as amended, was then ordered to third reading.
Eng. House Bill No. 2479, Relating to the powers and authority of state and local law enforcement to enforce underage drinking laws at private clubs.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2492, Repealing the requirement that an entity charging admission to view certain closed circuit telecast or subscription television events needs to obtain a permit from the State Athletic Commission.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Blair, as chair of the Committee on Government Organization, and by unanimous consent, the unreported Government Organization committee amendment to the bill was withdrawn.
The bill (Eng. H. B. No. 2492) was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2549, Relating to the preparation and publication of county financial statements.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page four, section sixteen, lines forty-five through fifty-one, by striking out all of subsection (e) and inserting in lieu thereof a new subsection, designated subsection (e), to read as follows:
(e) By October 15 of each fiscal year, each county commission shall publish the financial statement as a Class I-0 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 county.
The bill (Eng. Com. Sub. for H. B. No. 2549), as amended, was then ordered to third reading.
Eng. House Bill No. 2607, Relating to the violation of interfering with emergency services communications and clarifying penalties.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2646, Legalizing and regulating the sale and use of fireworks.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §11-12-86 of the Code of West Virginia, 1931, as amended, be repealed; that §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code be repealed; that said code be amended by adding thereto a new section, designated §9A-1-11b; that §11-17-3 of said code be amended and reenacted; that §16-2-11 of said code be amended and reenacted; that said code be amended by adding thereto a new section designated §16-2-13a; that said code be amended by adding a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and that §61-3E-1 and §61-3E-11 of said code be amended and reenacted, all to read as follows:
CHAPTER 9A. VETERANS’ AFFAIRS.
ARTICLE 1. DEPARTMENT OF VETERANS’ AFFAIRS.
§9A-1-11b. Establishment of West Virginia Veterans Program Fund.
There is hereby created in the State Treasury a special revenue fund to be designated and known as the West Virginia Veterans Program Fund, which shall consist of revenues derived from the assessment of the fireworks safety fee, as provided in section seven, article three-e, chapter twenty-nine of this code, to be administered by the Department of Veterans’ Affairs and used for funding veterans’ programs. Funds may also be derived from any gift, grant, bequest, endowed fund or donation which may be received by any veterans’ program created by statute or from any governmental entity or unit or any person, firm, foundation or corporation.
Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2016, expenditures are authorized from collections rather than pursuant to an explicit appropriation by the Legislature. Any balance remaining in the fund at the end of any fiscal year shall be reappropriated to the next fiscal year.
CHAPTER 11. TAXATION.
ARTICLE 17. TOBACCO PRODUCTS EXCISE TAX ACT.
§11-17-3. Levy of tax; ratio; dedication of proceeds.
(a) Tax on cigarettes. -- For the purpose of providing revenue for the General Revenue Fund of the state, an excise tax is hereby levied and imposed on sales of cigarettes at the rate of 55¢ on each twenty cigarettes or in like ratio on any part thereof. Only one sale of the same article shall be used in computing the amount of tax due under this subsection: Provided, That effective July 1, 2015, the excise tax imposed by this subsection shall be at the rate of $1.05 on each twenty cigarettes or in like ratio on any part thereof: Provided, however, That effective July 1, 2016, the excise tax imposed by this subsection shall be at the rate of $1.55 on each twenty cigarettes or in like ratio on any part thereof: Provided further, That during the period of July 1, 2015 to June 30, 2016, notwithstanding any provision of this code to the contrary, the sum of $20 million collected shall be dedicated to and paid into the West Virginia Veterans Program Fund created by the provisions of section eleven-b, article one, chapter nine of this code: And provided further, That during the period from July 1, 2016 to June 30, 2017, notwithstanding any provision of this code to the contrary, the sum of $20 million collected shall be dedicated to and paid into the Consolidated Medical Services Fund, Continuum of Care, for the exclusive purposes of funding controlled substance abuse treatment and facilities; And provided further, That beginning July 1, 2015, and annually thereafter, the sum of $2 million dollars collected shall be dedicated to and paid into the Fire Protection Fund created in section thirty-three, article three, chapter thirty-three of this code to be distributed annually in equal amounts to all volunteer fire departments to be used in conformity with the provisions of said section.
(b) Tax on tobacco products other than cigarettes. -- Effective January 1, 2002, an excise tax is hereby levied and imposed on the sale or use of, other than cigarettes, tobacco products at a rate equal to seven percent of the wholesale price of each article or item of tobacco product other than cigarettes sold by the wholesaler or subjobber dealer, whether or not sold at wholesale, or if not sold, then at the same rate upon the use by the wholesaler or dealer. Only one sale of the same article shall be used in computing the amount of tax due under this subsection. Revenues received from this tax shall be deposited into the General Revenue Fund.
CHAPTER 16. PUBLIC HEALTH
ARTICLE 2. LOCAL BOARDS OF HEALTH
§16-2-11. Local board of health; powers and duties.
(a) Each local board of health created, established and operated pursuant to the provisions of this article shall:
(1) Provide the following basic public health services and programs in accordance with state public health performance-based standards:
(i) Community health promotion including assessing and reporting community health needs to improve health status, facilitating community partnerships including identifying the community’s priority health needs, mobilization of a community around identified priorities and monitoring the progress of community health education services;
(ii) Environmental health protection including the promoting and maintaining of clean and safe air, water, food and facilities and the administering of public health laws as specified by the commissioner as to general sanitation, the sanitation of public drinking water, sewage and wastewater, food and milk, and the sanitation of housing, institutions, and recreation; and
(iii) Communicable or reportable disease prevention and control including disease surveillance, case investigation and follow-up, outbreak investigation, response to epidemics, and prevention and control of rabies, sexually transmitted diseases, vaccine preventable diseases, HIV/AIDS, tuberculosis and other communicable and reportable diseases;
(2) Appoint a local health officer to serve at the will and pleasure of the local board of health with approval of the commissioner;
(3) Submit a general plan of operation to the commissioner for approval, if it receives any state or federal money for health purposes. This program plan shall be submitted annually and comply with provisions of the local board of health standards administrative rule;
(4) Provide equipment and facilities for the local health department that are in compliance with federal and state law;
(5) Permit the commissioner to act by and through it, as needed. The commissioner may enforce all public health laws of this state, the rules and orders of the secretary, any county commission orders or municipal ordinances of the board’s service area relating to public health, and the rules and orders of the local board within the service area of a local board. The commissioner may enforce these laws, rules and orders when, in the opinion of the commissioner, a public health emergency exists or when the local board fails or refuses to enforce public health laws and rules necessary to prevent and control the spread of a communicable or reportable disease dangerous to the public health. The expenses incurred shall be charged against the counties or municipalities concerned;
(6) Deposit all moneys and collected fees into an account designated for local board of health purposes. The moneys for a municipal board of health shall be deposited with the municipal treasury in the service area. The moneys for a county board of health shall be deposited with the county treasury in the service area. The moneys for a combined local board of health shall be deposited in an account as designated in the plan of combination: Provided, That nothing contained in this subsection is intended to conflict with the provisions of article one, chapter sixteen of this code;
(7) Submit vouchers or other instruments approved by the board and signed by the local health officer or designated representative to the county or municipal treasurer for payment of necessary and reasonable expenditures from the county or municipal public health funds: Provided, That a combined local board of health shall draw upon its public health funds account in the manner designated in the plan of combination;
(8) Participate in audits, be in compliance with tax procedures required by the state and annually develop a budget for the next fiscal year;
(9) Perform public health duties assigned by order of a county commission or by municipal ordinance consistent with state public health laws; and
(10) Enforce the public health laws of this state and any other laws of this state applicable to the local board.
(b) Each local board of health created, established and operated pursuant to the provisions of this article may:
(1) Provide primary care services, clinical and categorical programs, and enhanced public health services;
(2) Employ or contract with any technical, administrative, clerical or other persons, to serve as needed and at the will and pleasure of the local board of health. Staff and any contractors providing services to the board shall comply with applicable West Virginia certification and licensure requirements. Eligible staff employed by the board shall be covered by the rules of the Division of Personnel under section six, article ten, chapter twenty-nine of this code. However, any local board of health may, in the alternative and with the consent and approval of the appointing authority, establish and adopt a merit system for its eligible employees. The merit system may be similar to the state merit system and may be established by the local board by its order, subject to the approval of the appointing authority, adopting and making applicable to the local health department all, or any portion of any order, rule, standard, or compensation rate in effect in the state merit system as may be desired and as is properly applicable;
(3) Adopt and promulgate and from time to time amend rules consistent with state public health laws and the rules of the West Virginia state Department of Health and Human Resources, that are necessary and proper for the protection of the general health of the service area and the prevention of the introduction, propagation and spread of disease. All rules shall be filed with the clerk of the county commission or the clerk or the recorder of the municipality or both and shall be kept by the clerk or recording officer in a separate book as public records;
(4) Accept, receive and receipt for money or property from any federal, state or local governmental agency, from any other public source or from any private source, to be used for public health purposes or for the establishment or construction of public health facilities;
(5) Assess, charge and collect fees for permits and licenses for the provision of public health services: Provided, That permits and licenses required for agricultural activities may not be assessed, charged or collected: Provided, however, That a local board of health may assess, charge and collect all of the expenses of inspection of the physical plant and facilities of any distributor, producer or pasteurizer of milk whose milk distribution, production or pasteurization facilities are located outside this state but who sells or distributes in the state, or transports, causes or permits to be transported into this state, milk or milk products for resale, use or consumption in the state and in the service area of the local board of health. A local board of health may not assess, charge and collect the expenses of inspection if the physical plant and facilities are regularly inspected by another agency of this state or its governmental subdivisions or by an agency of another state or its governmental subdivisions certified as an approved inspection agency by the commissioner. No more than one local board of health may act as the regular inspection agency of the physical plant and facilities; when two or more include an inspection of the physical plant and facilities in a regular schedule, the commissioner shall designate one as the regular inspection agency;
(6) Assess, charge and collect fees for services provided by the local health department: Provided, That fees for services shall be submitted to and approved by the commissioner;
(7) Contract for payment with any municipality, county or Board of Education for the provision of local health services or for the use of public health facilities. Any contract shall be in writing and permit provision of services or use of facilities for a period not to exceed one fiscal year. The written contract may include provisions for annual renewal by agreement of the parties; and
(8) Retain and make available child safety car seats, collect rental and security deposit fees for the expenses of retaining and making available child safety car seats, and conduct public education activities concerning the use and preventing the misuse of child safety car seats: Provided, That this subsection is not intended to conflict with the provisions of section forty-six, article fifteen, chapter seventeen-c of this code: Provided, however, That any local board of health offering a child safety car seat program or employee or agent of a local board of health is immune from civil or criminal liability in any action relating to the improper use, malfunction or inadequate maintenance of the child safety car seat and in any action relating to the improper placement, maintenance or securing of a child in a child safety car seat.
(9) In consultation with the State Fire Marshal, develop for distribution to the general public a consumer fireworks safety program in the light of the changes made to the types of fireworks available for sale in this state enacted during the 2015 regular session of the legislature.
(c) The local boards of health are charged with protecting the health and safety, as well as promoting the interests of the citizens of West Virginia. All state funds appropriated by the Legislature for the benefit of local boards of health shall be used for provision of basic public health services.
§16-2-13a. Requiring certain facilities to provide for smoking and nonsmoking sections.
(a) Notwithstanding any provision of law to the contrary, any operational veteran’s organization exempt from federal income tax under section 501(c)(19) of the Internal Revenue Code or any facility holding a valid racetrack video lottery license granted by the West Virginia Lottery Commission pursuant to article twenty-two-a, chapter twenty-nine of the code may allow smoking in such facility, but shall provide a smoking and nonsmoking section if smoking is allowed.
(b) A facility holding a valid racetrack video lottery license granted by th West Virginia Lottery Commission pursuant to article twenty-two-a, chapter twenty-nine of this code must have;
(1) A permanent ventilation system that ensures a minimum air exchange of six times per hour throughout the indoor space and a minimum air exchange of twelve times per hour in the indoor space that serves food, unless the food space is designated nonsmoking;
(2) A smoking area restricted to persons twenty-one years of age or older; and
(3) At least ten percent of the indoor space of the area designated a nonsmoking area.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 3E. FIREWORKS SAFETY.
§29-3E-1. Unlawful acts.
It is unlawful for a person to manufacture, wholesale, distribute, import, sell or store for the purpose of resale, consumer fireworks, sparkling devices, novelties or toy caps without a license, registration, certificate or permit from the State Fire Marshal.
§29-3E-2. Definitions.
As used in this article:
(1) "Agricultural and wildlife fireworks" means fireworks devices distributed to farmers, ranchers and growers through a wildlife management program administered by the United States Department of the Interior or the Department of Natural Resources of this state;
(2) "APA Standard 87-1" means the APA Standard 87-1 published by the American Pyrotechnics Association, as amended, and incorporated by reference into Title 49 of the Code of Federal Regulations;
(3) "Articles pyrotechnic" means pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 49 C.F.R. §172.101 (2014);
(4) "Consumer fireworks" means small fireworks devices that are designed to produce visible effects by combustion and that are required to comply with the construction, chemical composition and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. Parts 1500 and 1507 (2014), and that are listed in APA Standard 87-1. Consumer fireworks do not include sparkling devices, novelties and toy caps;
(5) "Consumer fireworks certificate" means a certificate issued under section five of this article;
(6) "Display fireworks" means large fireworks to be used solely by professional pyrotechnicians licensed by the State Fire Marshal and designed primarily to produce visible or audible effects by combustion, deflagration or detonation and includes, but is not limited to, salutes containing more than two grains (one hundred thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions and other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as fireworks UN0333, UN0334, or UN0335 under 49 C.F.R. §172.101 (2014);
(7) "Distributor" means a person who sells fireworks to wholesalers and retailers for resale;
(8) "Division 1.3 explosive" means that term as defined in 49 C.F.R. §173.50 (2014);
(9) "Division 1.4 explosive" means that term as defined in 49 C.F.R. §173.50 (2014);
(10) "Explosive composition" means a chemical or mixture of chemicals that produces an audible effect by deflagration or detonation when ignited;
(11) "Fire marshal" means the State Fire Marshal;
(12) "Firework" or "fireworks" means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation. Fireworks include consumer fireworks, display fireworks and special effects. Fireworks does not include sparkling devices, novelties and toy caps and model rockets;
(13) "Interstate wholesaler" means a person who is engaged in interstate commerce selling fireworks;
(14) “Model rocket” means that term as defined in National Fire Protection Association Standard 1122, “Code for Model Rocketry”;
(15) "New explosive" means that term as defined in 49 C.F.R. §173.56 (2014);
(16) "NFPA 1123" means that term as defined in National Fire Protection Association Standard 1123, "Code for Fireworks Display."
(17) "NFPA 1124" means that term as defined in National Fire Protection Association Standard 1124, "Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles,” 2006 Edition.
(18) "NFPA 1126" means that term as defined in National Fire Protection Association Standard 1126, "Standard for the Use of Pyrotechnics Before a Proximate Audience."
(19) "Novelties" means that term as defined under APA standard 87-1, section 3.2; but shall not include toy pistols, toy caps, toy canes, toy guns or other similar devices;
(20) "Person" means an individual, or the responsible person for an association, an organization, a partnership, a limited partnership, a limited liability company, a corporation, or any other group or combination acting as a unit;
(21) "Pyrotechnic composition" means a mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. A pyrotechnic composition will not explode upon ignition unless severely confined;
(22) "Retailer" means a person who purchases consumer fireworks for resale to consumers;
(23) "Sparkling devices" means "ground or handheld sparkling devices" as that phrase is defined under APA 87-1, sections 3.1.1 and 3.5;
(24) "Special effects" means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production or live entertainment;
(25) “Temporary facility” means that term as defined in NFPA 1124;
(26) "Toy caps" means that term as defined under APA 87-1, section 3.3; and
(27) "Wholesaler" means any person who sells consumer fireworks to a retailer or any other person for resale and any person who sells articles of pyrotechnics, display fireworks, and special effects to a person licensed to possess and use those devices.
§29-3E-3. Production or transportation of fireworks.
A person may produce or transport a firework that is a new explosive and that is either a division 1.3 explosive or division 1.4 explosive if the person first meets the requirements of 49 C.F.R. §173.56(2)(j) (2014).
§29-3E-4. Sparkling devices and novelties registration required.
(a) A person may not sell sparkling devices, novelties or toy caps without being registered with the State Fire Marshal.
(b) To be registered with the Fire Marshal, the retailer shall:
(1) Submit an application to the Fire Marshal;
(2) Provide a copy of his or her current business registration certificate or his or her certificate to sell sparklers and novelties issued by the State Tax Commission;
(3) Pay the required fee; and
(4) Provide other information as the Fire Marshal may require by legislative rule.
(c) A registration is valid for the calendar year or any fraction thereof and expires on December 31 of each year.
(d) A registration is not transferable.
(e) A person shall post the registration in a conspicuous place at the location of the business.
(f) A separate registration is required for each location.
(g) The fee required in subdivision (3), subsection (b) of this section shall be $100.00 per retail location.
(h) The fee assessed by this section shall be retained by the Fire Marshal and expended to offset costs incurred in performing the duties imposed by the provisions of this code.
(i) The requirements of NFPA 1124 do not apply to a person only selling sparkling devices, novelties or toy caps.
§29-3E-5. Consumer fireworks certificate required.
(a) A retailer may not sell consumer fireworks unless the retailer is certified under this article.
(b) To be certified to sell consumer fireworks a retailer shall:
(1) Submit an application to the Fire Marshal;
(2) Provide a copy of his or her current business registration certificate;
(3) Pay the required fee;
(4) Provide proof that the retailer maintains at all times public liability and product liability insurance with minimum coverage limits of $1 million dollars to cover losses, damages or injuries that might result of the license selling consumer fireworks.
(5) Provide other information as the Fire Marshal may require by legislative rule.
(c) A consumer fireworks certificate is valid through December 31 of each year or any fraction thereof.
(d) A consumer fireworks certificate is not transferable.
(e) A retailer shall post the certificate in a conspicuous place at the location of the business.
(f) A separate certificate is required for each location of the business.
(g) A certificate holder may also sell sparkling device and novelties at the same location without additionally obtaining a sparkling devices and novelties registration.
(h) A retailer who sells consumer fireworks shall comply with the regulations provided in NFPA 1124. The State Fire Marshal may, by legislative rule, add to the regulations established in NFPA 1124.
(i) The fees required in subdivision (3), subsection (b) of this section shall be assessed as follows:
(1) Temporary facility sales - $500.00.
(2) Retail stores and consumer fireworks retail sales facilities - $1,000.00.
(j) The fees assessed by this section shall be retained by the Fire Marshall and expended to offset that costs incurred by the duties imposed by the provisions of this code.
(k) Consumer fireworks may only be offered for sale at the following locations:
(1) In temporary facilities located on parking lots of operational veterans organizations exempt from federal income tax under section 501(c)(19) of the Internal Revenue Code;
(2) In temporary facilities located on parking lots of licensed retail stores which offer general merchandise for sale and said stores are occupied;
(3) In temporary facilities located on parking lots of facilities holding a valid racetrack video lottery license granted by the West Virginia Lottery Commission pursuant to article twenty-two-A, chapter twenty-nine of this code; and
(4) In permanent structures occupied and operated as licensed retail stores or as a consumer fireworks retail sales facility: Provided, That facilities referenced in this subdivision meet the requirements for such structures set forth in NFPA 1124.
§29-3E-6. Required permit for public fireworks display.
(a) A municipality, county, fair association, amusement park, and other organizations shall have a permit to present a supervised display of fireworks from the Fire Marshall.
(b) To receive a permit, a municipality, fair association, amusement park, and other organizations shall:
(1) Submit an application to the Fire Marshal;
(2) Pay the required fee;
(3) Furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of the person or an employee thereof, in the amount, character and form as the Fire Marshal determines to be necessary for the protection of the public; and
(4) Provide any other information as the Fire Marshal may require by legislative rule.
(c) The Fire Marshal may require approval of the local police and fire authorities of the community where the display is proposed to be held.
(d) A permit is not transferable.
(e) The display shall be handled by a competent operator licensed or certified as to competency by the Fire Marshal and shall be of such composition, character, and so located, discharged or fired so as to be safe in the opinion of the chief of the fire department serving the community or area where such display is to be held.
(f) The permittee shall require a bond from the licensee in a sum not less than $1,000 conditioned on compliance with the provisions of this article and the rules of the Fire Marshal except where the licensee is an insured government entity.
§29-3E-7. Fireworks safety fee; administration, tax crimes, collections, remittances, deposits, distributions, rules.
(a) In addition to the sales tax, a fireworks safety fee of ten percent of all sales is levied on retail sales of consumer fireworks in this state. The fee shall be distributed pursuant to the provisions of this section. The fee computation under this section shall be carried to the third decimal place, and the fee rounded up to the next whole cent whenever the third decimal place is greater than four, and rounded down to the lower whole cent whenever the third decimal place is four or less.
(b) A person who purchases consumer fireworks in a retail transaction shall pay to the retailer the amount of the fee levied by this section, which fee is added to and constitutes a part of the sale price, and is collectible by the retailer who shall account to the state for all fees paid by a purchaser. If the retailer fails to collect the fee, or fails to account to the state for the fees paid by a purchaser, then the retailer is personally liable for the payment of the fee to the state.
(c) A retailer shall remit the to the State Tax Commissioner no later than twenty days after the end of each preceding month all moneys collected for such preceding month, pursuant to the requirements of this section, and shall report such collections on forms and in the manner prescribed by the State Tax Commissioner.
(d) All moneys so remitted, net of refunds and adjustments, shall be paid by the Tax Commissioner into the State General Fund, and the amount thereof shall be distributed and paid quarterly, by the Treasurer, into the funds and to the distributees specified in this subsection.
One hundred percent of fireworks safety fee moneys, net of refunds and adjustments shall be deposited in the West Virginia Veterans Program Fund, established in section eleven-b, article one, chapter nine-a of this code, for expenditure pursuant to the provisions of that section.
(e) Each and every provision of the West Virginia Tax Procedure and Administration Act set forth in article ten, chapter eleven of this code, applies to the fees imposed pursuant to this article, with like effect as if that act were applicable only to the fees imposed by this article and were set forth in extenso in this article.
(f) Each and every provision of the West Virginia Tax Crimes and Penalties Act set forth in article nine, chapter eleven of this code applies to the fees imposed pursuant to this article, with like effect as if that act were applicable only to the fees imposed by this article and were set forth in extenso in this article.
(g) The State Tax Commissioner may make all necessary rules and regulations for the fees to which this article applies as provided in the State Administrative Procedures Act in chapter twenty-nine-a of this code.
(h) Notwithstanding any other provision of this code to the contrary, the State Tax Commissioner may deduct and retain one percent from each payment into the General Fund, as provided in this section, for the benefit of his or her office for general tax administration, from which expenditures are permitted from collections without appropriation by the Legislature.
§29-3E-8. Rule-making authority.
(a) The Fire Marshal may propose emergency rules and shall promulgate legislative rules for promulgation, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:
(1) Adopting by reference the 2006 edition of APA Standard 87-1;
(2) Adopting by reference the most recent edition of NFPA 1123, code for fireworks display;
(3) Adopting by reference the most recent edition of NFPA 1124, code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles;
(4) Adopting by reference the most recent edition of NFPA 1126, standard for the use of pyrotechnics before a proximate audience, as promulgated by the State Fire Commission;
(5) Procedures for the issuance and renewal of a registration, certificate and permit;
(6) A fee schedule;
(7) Establishing insurance or bond requirements;
(8) Establishing additional criteria for the granting of a registration, certificate, or permit under this article; and
(9) Registration of manufacturers, wholesalers and distributors.
§29-3E-9. Exemptions from article.
This article does not prohibit any of the following:
(1) The use of fireworks by railroads or other transportation agencies for signal purposes or illumination;
(2) The use of agricultural and wildlife fireworks;
(3) The sale or use of blank cartridges for a theatrical performance, use by military organizations or signal or ceremonial purposes in athletics or sports; or
(4) The possession, sale, or disposal of fireworks incidental to the public display of fireworks by wholesalers or other persons who have a permit to possess, store, and sell explosives from the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice and the Fire Marshal.
§29-3E-10. Local municipalities’ regulation of consumer fireworks.
This article does not affect the right of the governing body of a municipality to prohibit the use of consumer fireworks within its boundaries.
§29-3E-11. Violations of this article.
(a) A person may not intentionally ignite, discharge or use consumer fireworks or sparkling devices on public property or private property without the express permission of the owner to do so.
(b) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices within or throw the same from a motor vehicle or building.
(c) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices into or at a motor vehicle or building, or at any person or group of people.
(d) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices while the person:
(1) Is under the influence of alcohol;
(2) Is under the influence of any controlled substance;
(3) Is under the influence of any other drug;
(4) Is under the combined influence of alcohol and any controlled substance or any other drug; or
(5) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more by weight.
(e) A person who is less than eighteen years of age may not purchase, nor offer for sale, consumer fireworks: Provided, That a person sixteen years of age or older may purchase, offer for sale and possess sparkling devices and novelties.
§29-3E-12. Criminal penalties.
Any person who violates this article or any rules promulgated pursuant to section eight of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500.
§29-3E-13. Seizures by the Fire Marshal; enforcement of law.
(a) The Fire Marshal shall seize, take, remove and dispose of at public auction or destroy, or cause to be seized, taken or removed and disposed of at public auction, or destroyed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this article or legislative rule.
(b) The West Virginia State Police, sheriffs, municipal police officers and other law-enforcement officers shall assist in the enforcement of this article.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 3E. OFFENSES INVOLVING EXPLOSIVES.
§61-3E-1. Definitions.
As used in this article, unless the context otherwise requires:
(a) "Destructive device" means any bomb, grenade, mine, rocket, missile, pipebomb or similar device containing an explosive, incendiary, explosive gas or expanding gas which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts, either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled.
"Destructive device" does not include a firearm as such is defined in section two, article seven of this chapter, sparkling devices, novelties or model rockets and their components as defined in this section twenty-three, article three, chapter twenty-nine of this code or fireworks as defined in section two, article three-e, chapter twenty-nine of this code, or high power rockets and their components, as defined in this section.
(b) "Explosive material" means any chemical compound, mechanical mixture or device that is commonly used or can be used for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packaging that an ignition by fire, by friction, by concussion, by percussion, by detonator or by any part of the compound or mixture may cause a sudden generation of highly heated gases. These materials include, but are not limited to, powders for blasting, high or low explosives, blasting materials, blasting agents, blasting emulsions, blasting fuses other than electric circuit breakers, detonators, blasting caps and other detonating agents and black or smokeless powders not manufactured or used for lawful sporting purposes. or fireworks defined in section twenty-three, article three, chapter twenty-nine of this code which are not used in violation of this article. Also included are all explosive materials listed annually by the office of the State Fire Marshal and published in the State Register, said publication being hereby mandated.
(c) "High power rocket" means the term as defined in National Fire Protection Association Standard 1127, "Code for High Power Rocketry."
(c) (d) "Hoax bomb" means any device or object that by its design, construction, content or characteristics appears to be, or is represented to be or to contain a destructive device, explosive material or incendiary device as defined in this section, but is, in fact, an inoperative facsimile or imitation of such a destructive device, explosive material or incendiary device.
(d) (e) "Incendiary device" means a container containing gasoline, kerosene, fuel oil, or derivative thereof, or other flammable or combustible material, having a wick or other substance or device which, if set or ignited, is capable of igniting such gasoline, kerosene, fuel oil, or derivative thereof, or other flammable or combustible material: Provided, That no similar device commercially manufactured and used solely for the purpose of illumination shall be deemed to be an incendiary device.
(e) (f) "Legal authority" means that right as expressly stated by statute or law.
(g) "Model rocket" means the term as defined in National Fire Protection Association Standard 1122, "Code for Model Rocketry."
(f) (h) "Person" shall mean means an individual, corporation, company, association, firm, partnership, society or joint stock company.
(g) (i) "Storage magazine" is defined to mean any building or structure, other than an explosives manufacturing building, approved by the legal authority for the storage of explosive materials.
§61-3E-11. Exemptions.
(a) Unless specifically prohibited by any provision of this code or the laws of the United States, nothing in this article shall prohibit prohibits the authorized manufacture, sale, transportation, distribution, use or possession of any explosive material by any person holding a permit for such issued by the office of the State Fire Marshal. Any person performing a lawful activity pursuant to or regulated by the terms of a permit issued by the Division of Environmental Protection, or any office thereof, shall be is exempt from the provisions of this article.
(b) Unless specifically prohibited by any other provision of this code or the laws of the United States, nothing in this section shall prohibit prohibits the authorized manufacture, transportation, distribution, use or possession of any explosive, destructive device or incendiary device by a member of the Armed Forces or law-enforcement officers whenever such persons are acting lawfully and in the line of duty; nor shall it prohibit the manufacture, transportation, distribution, use or possession of any explosive material, destructive device or incendiary device to be used solely for lawful scientific research or lawful educational purposes. Any person engaged in otherwise lawful blasting activities failing to obtain a permit or in possession of an expired permit issued by the office of the State Fire Marshal shall not be construed to be is not in violation of the article.
(c) Nothing contained in this article applies to sparkling devices or novelties or to the sale, purchase, possession, use, transportation or storage of fireworks as regulated in article three-e, chapter twenty-nine of this code.
On motion of Senator Stollings, the following amendment to the Judiciary committee amendment to the bill (Eng. H. B. No. 2646) was reported by the Clerk and adopted:
On page nine, section thirteen-a, line seven, after the word “allowed” by changing the period to a comma and inserting the following proviso: Provided, That if the facility allows smoking then each entrance to the facility shall have posted a sign of no less than eighteen inches by twenty-four inches, which says “DANGER: THIS PREMISES CONTAINS TOBACCO SMOKE.”.
The question now being on the adoption of the Judiciary committee amendment to the bill, as amended, the same was put and prevailed.
The bill (Eng. H. B. No. 2646), as amended, was then ordered to third reading.
Eng. House Bill No. 2663, Creating the Rehabilitation Services Vending Program Fund.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2674, Making home schooled students eligible for a PROMISE scholarship without taking the GED test.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page three, section six, lines thirty-two through thirty-seven, by striking out all of paragraph (A) and inserting in lieu thereof a new paragraph, designated paragraph (A), to read as follows:
“(A) Within two years of graduating from a high completing a secondary education program in a public, private or home school or within two years of acquiring a general equivalency degree if provided instruction in the home or other approved place pursuant to obtaining a high school equivalency certificate as approved by the commission in compliance with subsection (c), section one, article eight, chapter eighteen of this code; or”.
The bill (Eng. Com. Sub. for H. B. No. 2674), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2811, Deleting obsolete provisions regarding the Physicians' Mutual Insurance Company.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2878, Creating a one-stop electronic business portal in West Virginia.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1. GENERAL PROVISIONS.
§31D-1-131. One-stop electronic state business portal.
(a) The Secretary of State shall establish a web-based business portal to facilitate interaction among businesses and governmental agencies in West Virginia. The web-based business portal shall provide a single point-of-entry to state government for businesses based in the state and for businesses looking to establish a presence in the state. The web-based business portal shall:
(1) Provide guidance to users who want to start, operate or expand a business in the state;
(2) Permit e-payments and provide businesses information about transaction statuses in a paperless environment;
(3) Provide business owners with the option to electronically:
(A) Make application, including the payment of fees, for permits and licenses;
(B) Make application, including the payment of fees, for the renewal of permits and licenses;
(C) File annual reports;
(D) Pay unemployment taxes;
(E) Pay sales and use taxes through a link to the web-based portal maintained by the Tax Division of the Department of Revenue for electronic payment; and
(F) Pay any other fees or remittances that the business owners are subject to under state law;
(4) Provide businesses with downloadable access to all editable forms that are necessary for compliance with all reporting and filing requirements with the following agencies:
(A) West Virginia State Tax Department;
(B) Workforce West Virginia;
(C) West Virginia Division of Labor; and
(D) West Virginia Secretary of State;
(5) Provide for the electronic filing of documents by city, county and local governments: Provided, That nothing in this section shall be construed to permit the Secretary of State to receive tax returns, or any other documents required to be filed with the State Tax Commissioner, or to require any taxpayer to file tax returns, or any other documents required to be filed with the State Tax Commissioner, with the Secretary of State. Nor shall the Secretary of State be permitted to receive payments for taxes, including interest, penalties or additions to tax, that are required to be collected by the Tax Commissioner. Notwithstanding the foregoing, the Secretary of State and the Tax Commissioner may develop policies and procedures allowing the Secretary of State to accept applications and renewals, and to collect the appropriate fee, for Business Registration Certificates. Provided, further, That nothing in this section shall be construed as requiring the State Tax Commissioner or the Tax Division of the Department of Revenue to disclose confidential taxpayer information to the Secretary of State.
(b) The Secretary of State shall establish a consolidated call center to be staffed by trained and knowledgeable persons who are able to assist businesses obtain information and services relating to compliance with state law.
(c) The Secretary of State shall:
(1) Develop the requirements of the web-based business portal by August 31, 2015, including but not limited to:
(A) Establishing, through cooperative efforts, the standards and requirements necessary to design, build, implement and maintain the business portal; and
(B) Establishing the standards and requirements necessary for a state or local agency to participate in the business portal;
(2) Coordinate and cooperate with the appropriate entities to facilitate the payment by businesses of any payments or remittances made pursuant to this section, via the web-based business portal; and
(3) Propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article.
The bill (Eng. Com. Sub. for H. B. No. 2878), as amended, was then ordered to third reading.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
On motion of Senator Carmichael, the Senate recessed until 7 p.m. tonight.
Night Session
Upon expiration of the recess, the Senate reconvened.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
Eng. Com. Sub. for House Bill No. 2366, Relating generally to the solicitation of minors.
Eng. Com. Sub. for House Bill No. 2478, Relating to public school finance.
Having been amended and read a third time in earlier proceedings today, and now coming up in deferred order, was again reported by the Clerk.
The question being "Shall Engrossed Committee Substitute for House Bill No. 2366 pass?"
At the request of Senator Carmichael, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Acton as to Engrossed Committee Substitute for House Bill No. 2366 having been concluded, the Senate proceeded to the consideration of
Eng. Com. Sub. for House Bill No. 2793, Relating to exemptions from mandatory school attendance.
Having been amended and read a third time in earlier proceedings today, and now coming up in deferred order, was again reported by the Clerk.
The question being "Shall Engrossed Committee Substitute for House Bill No. 2793 pass?"
On motion of Senator Sypolt, the Senate reconsidered its vote by which in earlier proceedings today it adopted the Education committee amendment on page six, section one, line eighty-three, after the word “year” by inserting the words “and submit the results to the county superintendent”, as amended.
The vote thereon having been reconsidered,
On motion of Senator Sypolt, the Senate reconsidered its vote by which in earlier proceedings today it adopted Senator Takubo’s amendment to the Education committee amendment to the bill by striking out the words “and submit the results to the county superintendent”, and inserting in lieu thereof the words “pursuant to this paragraph. The academic assessment shall be satisfied”.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Takubo’s amendment to the Education committee amendment to the bill (Eng. Com. Sub. for H. B. No. 2793).
Thereafter, at the request of Senator Takubo, and by unanimous consent, Senator Takubo’s amendment to the Education committee amendment to the bill was withdrawn.
The question now being on the adoption of the Education committee amendment to the bill, the same was put and prevailed.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2793), as amended, was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Laird--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2793) passed.
At the request of Senator Sypolt, as chair of the Committee on Education, and by unanimous consent, the unreported Education committee amendment to the title of the bill was withdrawn.
On motion of Senator Sypolt, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2793--A Bill to amend and reenact §18-8-1 of the Code of West Virginia, 1931, as amended, relating to exemptions from mandatory school attendance; restoring historical exemption nomenclature; clarifying that parents and guardians of exempt children may not be prosecuted under §18-8-2; clarifying that exempt children are not status offenders; requiring leave of court and probable cause before petition may be filed to deny home schooling; providing for one-time notice of intent to home school and revising notice contents; removing waiting period; providing for notice of termination; providing for notice when children move between counties; modifying provision pertaining to satisfactory evidence of home instructor’s diploma; removing requirement to outline a plan of instruction; revising requirements and standards for annual assessments and acceptable progress; removing requirement that parents pay costs of assessments not conducted in public schools; requiring parents to retain copies of assessments; and requiring evaluations for learning disabilities when children fail to make acceptable progress.
Senator Carmichael moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Laird--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2793) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 574, Relating to liquor sales by distilleries and mini-distilleries.
On motion of Senator Carmichael, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the title of the bill was reported by the Clerk:
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 574--A Bill to amend and reenact §60-3A-17 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-4-3 and §60-4-3a of said code, all relating to sales of liquor by distilleries and mini-distilleries; providing for fees; reducing percentage of price to be submitted to the alcohol beverage control commissioner; setting a maximum for market zone payments; and raising the production level allowable for mini-distilleries.
On motion of Senator Carmichael, the following amendment to the House of Delegates amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 574--A Bill to amend and reenact §60-3A-17 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-4-3 and §60-4-3a of said code, all relating to sales of liquor by distilleries and mini-distilleries generally; setting fees; reducing buyback price; setting fees to be paid to the Alcohol Beverage Control Commissioner on sales of liquor to customers from a distillery or a mini-distillery for off-premises consumption; providing that no liquor sold by a distillery or mini-distillery should be priced less than the price set by the commissioner; setting a maximum for market zone payments; and raising the production level allowable for mini-distilleries.
On motion of Senator Carmichael, the Senate concurred in the House of Delegates amendment, as amended.
Engrossed Senate Bill No. 574, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso, Carmichael, Facemire, Ferns, Gaunch, D. Hall, M. Hall, Karnes, Kessler, Kirkendoll, Leonhardt, Maynard, Miller, Mullins, Nohe, Palumbo, Plymale, Prezioso, Romano, Snyder, Stollings, Sypolt, Takubo, Trump, Unger, Walters, Williams, Woelfel, Yost and Cole (Mr. President)--33.
The nays were: None.
Absent: Laird--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 574) passed with its Senate amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Executive Communications
The Clerk then presented communications from His Excellency, the Governor, advising that on March 12, 2015, he had approved Enr. Committee Substitute for Senate Bill No. 357, Enr. Committee Substitute for Senate Bill No. 361 and Enr. House Bill No. 2201.
At the request of Senator Maynard, and by unanimous consent, Senator Maynard addressed the Senate regarding the illnesses of several Senate doorkeepers.
Pending announcement of a meeting of the Committee on Rules at the rostrum,
On motion of Senator Carmichael, the Senate recessed until 8 p.m. tonight.
Upon expiration of the recess, the Senate reconvened and proceeded to the fourth order of business.
Senator Cole (Mr. President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 63 (originating in the Committee on Rules)--Urging the Board of Coal Mine Health and Safety to review and assess the provisions of 36 CSR 4 and to develop a series of comprehensive safety regulations governing the movement of mining equipment underground.
Whereas, The Legislature has enacted the Enrolled Committee Substitute for Senate Bill No. 357, titled the Coal Jobs and Safety Act of 2015, during the 2015 Regular Session of the Legislature; and
Whereas, The Legislature has created the Board of Coal Mine Health and Safety; and
Whereas, The Legislature has authorized the Board of Coal Mine Health and Safety to promulgate rules and regulations governing coal mining activities, including rules and regulations governing safety for all mining operations in the State of West Virginia; and
Whereas, The State of West Virginia has the nation’s strongest mine safety laws; and
Whereas, These mine safety laws, forged through collaboration among all interested parties, are the model nationwide; and
Whereas, Enrolled Committee Substitute for Senate Bill No. 357 may abrogate certain provisions of 36 CSR 4 governing the movement of mining equipment underground; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia hereby urges the Board of Coal Mine Health and Safety to review and assess the provisions of 36 CSR 4 and to develop a series of comprehensive safety regulations governing the movement of mining equipment underground; and, be it
Further Resolved, That the Board of Coal Mine Health and Safety, in consultation with the Director of the Office of Miners’ Health, Safety and Training, shall develop and enact these new safety rules and regulations on or before June 2, 2015; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to each member of the Board of Coal Mine Health and Safety and the Director of the Office of Miners’ Health, Safety and Training.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
William P. Cole III,
Chairman, Ex Officio.
At the request of Senator Carmichael, unanimous consent being granted, the resolution (S. C. R. No. 63) contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Cole (Mr. President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Resolution No. 57 (originating in the Committee on Rules)--Authorizing the Senate Committee on Confirmations to meet and be paid during interims between regular sessions of the Eighty-Second Legislature.
Whereas, Section one, article one, chapter four of the Code of West Virginia, 1931, as amended, provides that either house of the Legislature may, by resolution, direct any select committee unique to that house or any standing committee of that house and created by it by rule, motion or resolution to meet between regular sessions of the Legislature; and
Whereas, The West Virginia Senate is vested with the authority, under sections eight and nine, article VII of the Constitution of West Virginia, to advise and consent to certain gubernatorial nominations and certain other nominations as determined by law; and
Whereas, The Committee on Confirmations is a standing committee of the Senate with authority to make recommendations and report to the Senate with respect to such nominations; therefore, be it
Resolved by the Senate:
That the Senate hereby authorizes the Senate Committee on Confirmations to meet and be paid during interims between regular sessions of the Eighty-Second Legislature; and, be it
Further Resolved, That the Committee on Confirmations is hereby authorized to meet at times subject to the approval of the presiding officer of the Senate; and, be it
Further Resolved, That the purpose of any such meetings would relate to gathering of information regarding prospective matters involving duties of the Senate related to advice and consent as to nominations; and, be it
Further Resolved, That members of such committee are hereby authorized by the Senate Committee on Rules to receive payment of travel and interim expenses and other compensation as provided by law.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
William P. Cole III,
Chairman, Ex Officio.
At the request of Senator Carmichael, unanimous consent being granted, the resolution (S. C. R. No. 57) contained in the preceding report from the Committee on Rules was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2266, Relating to the publication requirements of the administration of estates.
With an amendment from the Committee on the Judiciary pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as last amended by the Committee on Finance.
Respectfully submitted,
Mike Hall,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2266) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2571, Creating a fund for pothole repair contributed to by private businesses or entities.
Eng. House Bill No. 2877, Relating to electronic filing of tax returns and electronic funds transfers in payment of taxes.
And,
Eng. Com. Sub. for House Bill No. 3006, Relating to the determination of the adjusted rate established by the Tax Commissioner for the administration of tax deficiencies.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Mike Hall,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2571, Eng. H. B. No. 2877 and Eng. Com. Sub. for H. B. No. 3006) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 2598, Ensuring that teachers of students with disabilities receive complete information about the school's plan for accommodating the child's disabilities.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Dave Sypolt,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. H. B. No. 2598) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2664, Creating "Andrea and Willy's Law"; increasing certain penalties for driving under the influence of alcohol, controlled substances or drugs.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. H. B. No. 2664) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2688, Providing for the unitization of interests in drilling units in connection with all horizontal oil or gas wells.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2688) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com Sub. for House Bill No. 2810, Implementing the West Virginia Property Rescue Initiative to reduce the number of properties posing a threat to public health and safety.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 6, 2015;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Hall,
Chair.
Senator Sypolt, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2840, Providing an alternative plan to make up lost days of instruction.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Dave Sypolt,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2840) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
Senator M. Hall, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2934, Repealing the common core standards.
With an amendment from the Committee on Education pending;
Now on second reading, having been read a first time and referred to the Committee on Finance on March 9, 2015;
And reports the same back with the recommendation that it do pass as amended by the Committee on Education to which the bill was first referred.
Respectfully submitted,
Mike Hall,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator M. Hall.
Thereafter, at the request of Senator Kessler, and by unanimous consent, the remarks by Senator M. Hall were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules and a minority party caucus,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Friday, March 13, 2015, at 11 a.m.
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