sdj-57th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
FIFTY-SEVENTH DAY
____________
Charleston, W. Va., Wednesday, March 10, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Larry Gamble, Marlinton
Presbyterian Church, Marlinton, West Virginia. Kayla Massie, a
student at Shady Spring High School, Shady Spring, West Virginia,
proceeded in the singing of "The Star-Spangled Banner".
Pending the reading of the Journal of Tuesday, March 9, 2010,
On motion of Senator Bowman, 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 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. Senate Bill No. 214, Updating certain terms in Corporation Net Income Tax Act.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 215, Creating offense of
assaulting volunteer firefighters and emergency service employees.
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. Senate Bill No. 216, Updating terms in Personal Income
Tax Act.
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. 336, Authorizing Division
of Wildlife Resources recover possession or restitution value of
certain animals.
On motion of Senator Chafin, 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:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5a. Forfeiture by person causing injury or death of game or
protected species of animal; additional replacement
costs for antlered deer; forfeiture procedures and
costs.
(a) Any person who is convicted of violating any a criminal
law of this state and the violation causes or that results in the
injury, or death or destruction of game, as defined in section two,
article one of this chapter, or a protected species of animal, in
addition to any other penalty to which he or she is subject, shall
forfeit the cost of replacing such the game or protected species of
animal to the state. For such purpose, replacement values for game
and protected species of animals are as follows:
(1) For each game fish or each fish of a protected species
taken illegally other than by pollution kill, $10 for each pound
and any fraction thereof;
(2) For each bear or elk, $500;
(3) For each deer or raven, $200;
(4) For each wild turkey, hawk or owl, $100;
(5) For each beaver, otter or mink, $25;
(6) For each muskrat, raccoon, skunk or fox, $15;
(7) For each rabbit, squirrel, opossum, duck, quail, woodcock,
grouse or pheasant, $10;
(8) For each wild boar, $200;
(9) For each bald eagle, $5,000;
(10) For each golden eagle, $5,000; and
(11) For any other game or protected species of animal, $100.
(b) In addition to the replacement value for deer in
subsection (a)(3), the following cost shall also be forfeited to
the state by any person who is convicted of violating any criminal
law of this state and the violation causes the injury or death of
antlered deer:
(1) For any deer in which the inside spread of the main beams
of the antlers measured at the widest point equals 14 inches or
greater but less than 16 inches, $1,000;
(2) For any deer in which the inside spread of the main beams
of the antlers measured at the widest point equals 16 inches or
greater but less than 18 inches, $1,500;
(3) For any deer in which the inside spread of the main beams
of the antlers measured at the widest point equals 18 inches or
greater but less than 20 inches, $2,000; and
(4) For any deer in which the inside spread of the main beams
of the antlers measured at the widest point equals 20 inches or
greater, $2,500.
(5) Any person convicted of a second or subsequent violation
of any criminal law of this state which violation causes the injury or death of antlered deer is subject to double the authorized range
of cost to be forfeited.
(c) The court upon convicting such person shall order him Upon
conviction, the court shall order the person to forfeit to the
state the proper amount based on the values set forth herein for
amount set forth in this section for the injury or death of the
game or protected species of animal the injury, death or
destruction of which he caused or which resulted from his criminal
act. If two or more defendants are convicted for the same
violation causing, or resulting in, the injury, or death or
destruction of game or protected species of animal, the forfeiture
shall be declared against them jointly and equally paid by each
person in an equal amount. The forfeiture shall be paid by the
person so convicted and ordered to pay the forfeiture within the
time prescribed by the court, but not exceeding not to exceed sixty
days. In each instance, the court shall pay such the forfeiture to
the state Treasury where it shall be credited to the Division of
Natural Resources to be deposited into the License Fund- Wildlife
Resources (3200) and used only for the replacement, habitat
management or enforcement programs for injured, or killed or
destroyed game or protected species of animal.
§20-2-7. Hunting, trapping or fishing on lands of another; damages
and restitution.
(a) It is unlawful for any person to shoot, hunt, fish or trap
upon the fenced, enclosed or posted lands of another person; or to
peel trees or timber, build fires or do any other act in connection
with shooting, hunting, fishing or trapping on such lands without
written permission in his or her possession from the owner, tenant
or agent of the owner.
(b) Any person who hunts, traps or fishes on land without the
permission of the owner, tenant or agent of the owner is guilty of
a misdemeanor and liable to the owner or person suffering damage
for all costs and damages for: (1) Killing or injuring any
domestic animal, or fowl, or private game farm animal; (2) cutting,
destroying or damaging any bars, gates or fence or any part of the
property; or (3) leaving open any bars or gates resulting in damage
to the property.
(c) Restitution of the value of the property or animals
injured, damaged or destroyed shall be required upon conviction
pursuant to sections four and five, article eleven-a, chapter
sixty-one of this code. The restitution ordered for private game
farm animals shall be equivalent to or greater than the replacement
values for deer listed in section five-a in this article.
(c) (d) The owner, tenant or agent of the owner may arrest a
person violating this section and immediately take him or her
before a magistrate. The owner, tenant or agent of the owner is vested with the powers and rights of a conservation officer for
these purposes. The officers charged with the enforcement of the
provisions of this chapter shall enforce the provisions of this
section if requested to do so by the owner, tenant or agent of the
owner, but not otherwise.
(d) (e) The provisions of subsections (b) and (c)(d) of this
section related to criminal penalties and being subject to arrest
are inapplicable to a person whose dog, without the person's
direction or encouragement, travels onto the fenced, enclosed or
posted land of another in pursuit of an animal or wild bird:
Provided, That the pursuit does not result in the taking of game
from the fenced, enclosed or posted land and does not result in the
killing of domestic animals or fowl or other damage to or on the
fenced, enclosed or posted land.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 336--A Bill to amend and
reenact §20-2-5a and §20-2-7 of the Code of West Virginia, 1931, as
amended, all relating to forfeiture and restitution by persons
causing injury or death to game, protected species of animal or
private game farm animals; adding additional replacement value for
antlered deer based upon antler spread; increasing the forfeiture amount for illegally taken game fish or fish of a protected
species; clarifying forfeiture procedures and costs; and ordering
restitution for private game farm animals.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 336, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 336) 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 the House of Delegates amendments to, and the passage as amended, of
Eng. Senate Bill No. 339, Correcting invalid code reference
related to voter registration list.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 345, Requiring
telecommunications tax study.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Senate Bill No. 388, Specifying number of members on
municipal planning commissions and zoning boards.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page six, section three, lines three through six, by
striking out the words "A municipal board of zoning appeals in a
Class IV town or village shall have three members to be appointed
by the governing body of the municipality." and inserting in lieu
thereof the following: A municipal board of zoning appeals in a
Class IV town or village shall have not less than three nor more than five members to be appointed by the governing body of the
municipality.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 388, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 388) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 445, Extending time Fairmont City Council can meet.
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. 461, Relating to administration of sales
and use tax.
On motion of Senator Chafin, 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:
Eng. Senate Bill No. 461--A Bill to amend and reenact §11-15B-
2, §11-15B-2a, §11-15B-11, §11-15B-17, §11-15B-25, §11-15B-26 and
§11-15B-32 of the Code of West Virginia, 1931, as amended, all
relating to the administration of sales and use tax generally;
striking certain definitions; incorporating changes made by the
governing board in reference to the agreement; adding a
classification for registration of seller making no sales in state;
defining "advertising and promotional direct mail" and "other
direct mail"; providing duties of purchasers and sellers of direct
mail; directing the tax commissioner to provide notice and
simplified electronic returns; allowing for electronic payment of
taxes due; identifying required filers; providing for the loss of exemption for failing to file; adopting a standardized transmission
process; authorizing the tax commissioner to establish liability
amount of taxes; and providing new effective dates.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 461, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 461) 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 passage, to take effect July 1,
2010, of
Eng. Senate Bill No. 464, Clarifying Division of Personnel
functions.
A message from The Clerk of the House of Delegates announced
that that body had receded from its amendments, and the passage, as
now amended, with its House of Delegates amended title, and
requested the concurrence of the Senate in the House of Delegates
amendment, as to
Eng. Senate Bill No. 604, Extending mental hygiene procedures'
sunset provision.
On motion of Senator Chafin, 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:
Eng. Senate Bill No. 604--A Bill to amend and reenact §27-5-11
of the Code of West Virginia, 1931, as amended, relating to
extending the termination date of the modified mental hygiene
procedures pilot project by two years.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 604, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 604) 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 passage of
Eng. Com. Sub. for Senate Bill No. 656, Relating to special
rates for energy-intensive industrial electric power consumers.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 21, Requesting DOH name
bridge in Kanawha County "Private First Class Charles M. Conner
Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 24, Requesting DOH name bridge in Boone County "Private First Class Edward C. Miller
Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 26, Requesting DOH name
bridge in Kanawha County "Private First Class Vernon L. Dillard
Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 30, Requesting DOH name
bridge in Wyoming County "Hubert Cline Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 35, Requesting DOH name
bridge in Mingo County "Virgil and Marcella Faye Marcum Memorial
Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 36, Requesting DOH name
bridge in Boone County "Kevin Lee Ball Memorial Bridge".
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, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 4133, Clarifying the
requirements to practice marriage and family therapy.
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. 4171, Relating to criminogenic risk and
needs assessments.
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. 38--Requesting the Division of
Highways to name the Jennie
'
s Creek Bridge, numbered 50-52-49.92,
in Wayne County the
"
Ralph L. Dawson Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 72--Requesting the Division of
Highways name bridge number 6-60-15.00, over the CSX Railroad at
Cyrus Creek Road, located on Route 60 in Cabell County, the "Glenn
Holton Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
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. 80--Requesting the Joint
Committee on Government and Finance to conduct a study on the need
for setting standards for assignment of school athletic directors.
Referred to the Committee on Education; and then 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. 82--Requesting the Division of
Highways to name the bridge on County Rt. 9 near Rosedale in
Braxton County, bridge number 4-9-11.22, as the "P.F.C. Daniel F.
Tallman Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
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. 83--Requesting the Division of
Highways to name the bridge on County Rt. 40 near Herold in Braxton County, bridge number 04-40-8.80, as the "Carmel M. Johnson
Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Kessler, 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. 4016, Strengthening the
Ethics Act financial disclosure filing requirements.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4016) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with an amendment from the Committee on the Judiciary pending.
Senator Kessler, 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. 4541, Authorizing circuit
court judges and magistrates to utilize county or municipal jails
to detain persons charged with a crime up to ninety-six hours, or,
to confine persons convicted of a crime for not more than fourteen
days.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4541) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
House Concurrent Resolution No. 43, The "Perdue Brothers
Memorial Bridge WWII Vets Walter, Riley, James, Norman, Omer,
Earl".
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
House Concurrent Resolution No. 66, Commemorating the passing
of CW4 Brent Cole, patriot, pilot, husband, father, soldier, proud
West Virginian and true American hero.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
At the request of Senator Sypolt, unanimous consent being granted, the resolution (H. C. R. No. 66) 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.
Thereafter, at the request of Senator Williams, and by
unanimous consent, the remarks by Senator Sypolt regarding the
adoption of House Concurrent Resolution No. 66 were ordered printed
in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the sixth order of business.
Senators Jenkins, Palumbo, McCabe, Foster, Wells, Unger, Yost,
Kessler, Plymale and Stollings offered the following resolution:
Senate Concurrent Resolution No. 65--
Requesting the Joint
Committee on Government and Finance to study the different types
and funding methods of renewable energy technology funds operated
by other states and the feasibility and viability of establishing
a state dedicated fund to promote renewable energy technologies in
West Virginia, and to consider and evaluate different methods of funding a renewable energy technology fund in West Virginia.
Whereas, West Virginia is one of the largest energy producers
and exporters in the United States, a state which, in addition to
fossil fuel reserves, has a vast amount of renewable energy
resources that, if effectively captured and developed, is capable
of creating greater opportunities and substantial wealth in West
Virginia's energy economy; and
Whereas, Twenty states, including the neighboring states of
Maryland, Pennsylvania and Ohio, have dedicated funds to promote
renewable energy technologies; and
Whereas, Through 2006, state-level initiatives have resulted
in over three hundred large-scale renewable energy installations,
totaling over three thousand five hundred megawatts, while also
providing incentives to residential and small business customers
for installations of tens of thousands of small-scale renewable
energy generation technologies, including, for example, to over
four thousand solar installations in New Jersey alone; and
Whereas, West Virginia's economy could benefit from joining
other states that are supporting renewable energy projects by
establishing a dedicated, long-term funding source; and
Whereas, West Virginia currently lacks comprehensive
strategies and mechanisms to attract, leverage, and administer
resources and financing renewable energy development; and
Whereas, There currently exists limited infrastructure and
collective knowledge to harness West Virginia's untapped renewable
energy resources in wind, biomass, hydropower, solar, biofuels and
other renewable energy resources; and
Whereas, There are preexisting, but dormant, industrial assets
in West Virginia that could be profitably utilized by the wind
industry manufacturing sector, as has been accomplished in
neighboring Pennsylvania; and
Whereas, West Virginia, with the third highest wind capacity
in the eastern United States, has a potential three thousand
megawatts of available wind power, the fastest growing segment of
electricity generation in the country, under a federal goal of
increasing wind generation eightfold over the next twenty years;
and
Whereas, West Virginia has nearly four million tons of timber
industry residue readily available each year for energy usage that
could make, at a minimum, seven hundred megawatts each year, but we
lack comprehensive plans and incentives to utilize that renewable
resource that would increase economic growth and timber and energy
sector jobs; and
Whereas, West Virginia has at least one thousand megawatts of
additional hydropower available, but no comprehensive plan to
exploit that resource in a way that maximizes economic growth and energy sector jobs; and
Whereas, West Virginia already has a state mandate under its
Alternative and Renewable Energy Portfolio Standard to produce
twenty-five percent of its energy from alternative and renewable
sources, thereby expanding and creating renewable energy capacity
in the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the different types and funding methods of
renewable energy technology funds operated by other states and the
feasibility and viability of establishing a state dedicated fund to
promote renewable energy technologies in West Virginia, and to
consider and evaluate different methods of funding a renewable
energy technology fund in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senator Sypolt offered the following resolution:
Senate Concurrent Resolution No. 66--
Requesting the Joint
Committee on Government and Finance to study the economic impact on
the citizens of West Virginia by applying the rule of capture to
oil and gas drillers in the development of shallow wells.
Whereas, The rule of capture permits a driller to produce oil
and gas that lies beneath neighboring properties without gaining
the permission of those neighboring landowners; and
Whereas, The rule of capture permits a driller to produce oil
and gas that lies beneath neighboring properties without paying
royalties to those neighboring property owners; and
Whereas, Where rule of capture is applied and a neighboring
property owner drills his or her own well, there is an additional
capital expense and impact on the surface of the land; and
Whereas, Where the rule of capture is applied and more than
one well is drilled to produce the oil or gas, a lesser amount of
oil or gas in totality may actually be recovered; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the economic impact on the citizens of West
Virginia by applying the rule of capture to oil and gas drillers in
the development of shallow wells; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senator Sypolt offered the following resolution:
Senate Concurrent Resolution No. 67--
Requesting the Joint
Committee on Government and Finance to study the feasibility and
economic advantages of commercializing interstate rest stops.
Whereas, The many rest stops along the interstate highways in
West Virginia are being underutilized; and
Whereas, The many rest stops along the interstate highways
offer both the state and the traveler opportunities not met
elsewhere; and
Whereas, In 2008, California, Oregon and Washington submitted
a proposal to the Department of Transportation to commercialize
those state's rest areas as a tool for increasing state revenues;
and
Whereas, Providing travelers with immediate access to such
services as alternative fuels could also serve as a leader to
explore other untapped markets and satisfy other needs; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility and economic advantages of
commercializing interstate rest stops; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Chafin and Wells offered the following resolution:
Senate Resolution No. 52--Honoring General Louis L. Wilson,
Jr., native West Virginian and retired four-star general of the
United States Air Force.
Whereas, General Louis L. Wilson, Jr. was born in Huntington, West Virginia, in the year 1919; and
Whereas, In 1937, General Louis L. Wilson, Jr. graduated from
high school in Hurricane, West Virginia, and then attended
Greenbriar Military School in Lewisburg, West Virginia; and
Whereas, After a year's service with the 11th Infantry, United
States Army, General Louis L. Wilson, Jr. entered the United States
Military Academy at West Point, New York, in 1939, and graduated in
January of 1943, with a commission as a second lieutenant and also
completed flying school; and
Whereas, During World War II, General Louis L. Wilson, Jr. had
flown 114 combat missions and was commander of the 367th Fighter
Squadron; and
Whereas, During his distinguished military career, General
Louis L. Wilson, Jr. served his country in a variety of capacities
including as a B-29 and B-36 squadron commander, as the deputy
director of personnel for the Eighth Air Force Headquarters in Fort
Worth, Texas, as director of operations for the 380th Bombardment
Wing at Plattsburgh Air Force Base, New York, as director of plans
for the Eighth Air Force headquarters at Westover Air Force Base in
Massachusetts, as commander of the 4081st Strategic Wing at Ernest
Harmon Air Base in Newfoundland and as chief of the plans division
at Strategic Air Command headquarters at Offutt Air Force Base in
Nebraska; and
Whereas, In September 1971, General Louis L. Wilson, Jr. was
appointed the inspector general of the United States Air Force and
assumed duties as vice commander in chief for the United States Air
Forces in Europe; and
Whereas, In July 1974, General Louis L. Wilson, Jr. was
appointed as the commander in chief for the Pacific Air Forces,
with headquarters at Hickam Air Force Base, Hawaii; and
Whereas, General Louis L. Wilson, Jr. was promoted to rank of
general July 1, 1974, the highest rank achievable in the United
States Air Force; and
Whereas, General Louis L. Wilson, Jr.'s decorations and awards
include the Distinguished Service Medal with oak leaf cluster,
Legion of Merit with oak leaf cluster, Distinguished Flying Cross,
Air Medal with 18 oak leaf clusters, Army Commendation Medal,
Presidential Unit Citation Emblem with two oak leaf clusters and
French Croix de Guerre; and
Whereas, General Louis L. Wilson, Jr. was a command pilot and
wears the Master Missileman Badge; and
Whereas, General Louis L. Wilson, Jr. retired on May 31, 1977,
after one of the most decorated military careers in American
history and continues to enjoy his retirement to this day;
therefore, be it
Resolved by the Senate:
That the Senate hereby honors General Louis L. Wilson, Jr.,
native West Virginian and retired four-star general of the United
States Air Force; and, be it
Further Resolved, That the Senate expresses its sincere
gratitude to General Louis L. Wilson, Jr. for his dedicated service
to his state and country; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of the resolution to General Louis L. Wilson, Jr.
Which, under the rules, lies over one day.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 68 (originating in the
Committee on Transportation and Infrastructure)--
Requesting the
Joint Committee on Government and Finance to study and examine
alternative "green" road and highway paving processes and
construction.
Whereas,
There are emerging technologies and techniques with
respect to paving and road construction that could better protect
the environment and more economical; and
Whereas, In other states, "green" highways have been of great
benefit to environment since they are built with permeable
materials that provide superior watershed-driven stormwater
management and the leaching of metals and toxins into streams and
rivers can be prevented; and
Whereas, Landfill usage can be favorably reduced as
construction involves recycled materials and by using cutting-edge
technologies in design, critical habitats and ecosystems are
protected from the encroachment of highway infrastructure; and
Whereas, The numerous potholes and rough roads that afflict
many of West Virginia's roads due to the harsh winters and the
constant freezing and thawing of snow and ice on the roads could be
a thing of the past as researchers at Northwestern University are
currently studying how to apply nanotechnology to concrete, thus
making it less porous; and
Whereas, Recently a revolutionary "green" technology was used
in western New York, known to the industry as low emission asphalt,
that used sequential mixing process that requires up to fifty
percent less energy to produce and greatly reduces pollution; and
Whereas, These are just two of the example of emerging
technologies and construction processes that could result in
savings to both the taxpayers and the environment; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study and examine alternative "green" road and highway
paving processes and construction; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
John R. Unger II,
Chair.
On motion of Senator Unger, the resolution (S. C. R. No. 68)
contained in the foregoing report from the Committee on
Transportation and Infrastructure was then referred to the
Committee on Rules.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 69 (originating in the
Committee on Transportation and Infrastructure)--
Requesting the
Joint Committee on Government and Finance to study the number,
mileage, conditions and fiscal burden of roads in the State of West
Virginia that are not eligible for federal matching dollars and
alternative funding sources for road design, construction and
maintenance.
Whereas,
Secondary roads in West Virginia need to be
adequately maintained for the safety of drivers; and
Whereas, The money and resources to maintain and clear these
roads come from solely state and local budgets which is a
significant burden on funds; and
Whereas, Additional funding may be identified to fund
secondary road repair, construction, maintenance and operation; and
Whereas, The repair, construction, maintenance and operation
of secondary roads is important for the safety of drivers but also
important in attracting business to the State of West Virginia;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the number, mileage, conditions and fiscal
burden of roads in the State of West Virginia that are not eligible
for federal matching dollars and alternative funding sources for
road design, construction and maintenance; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
John R. Unger II,
Chair.
On motion of Senator Unger, the resolution (S. C. R. No. 69)
contained in the foregoing report from the Committee on
Transportation and Infrastructure was then referred to the
Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 29, Requesting DOH name
bridge at Cyrus Creek Road, Cabell County, "Glenn Holton Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
Senate Concurrent Resolution No. 33, Requesting DOH name
bridge over Peters Creek, Nicholas County, "Homer J. Summers
Memorial Bridge".
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. 42, Requesting DOH name
bridge in Mingo County "Bobby Lee Jarrell Memorial Bridge".
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. 43, Requesting DOH name
bridge in Lincoln County "Private Brunty Willis Memorial Bridge".
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. 44, Requesting DOH name
bridge in Logan County "G. R. 'Bob' Johnson Memorial Bridge".
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. 49, Requesting DOH name
bridge in Mercer County "Isabella Freeman Memorial Bridge".
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. 50, Requesting DOH name
bridge in Wayne County "Corporal Samuel R. Drown Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
Senate Concurrent Resolution No. 60, Expressing will of
Legislature reaffirming sister-state relationship with Taiwan.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
Senate Concurrent Resolution No. 61, Urging EPA not veto
Spruce Mine permit.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Energy,
Industry and Mining.
House Concurrent Resolution No. 58, Designating the annual
observance of the week following Labor Day as Labor History Week.
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. House Bill No. 4026, Relating to higher education capital
facilities generally.
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: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 4026) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. House Bill No. 4026--A Bill to repeal §18-23-1, §18-23-2,
§18-23-3, §18-23-4, §18-23-5, §18-23-13, §18-23-14, §18-23-15, §18-
23-18, §18-23-22, §18-23-23 and §18-23-24 of the Code of West
Virginia, 1931, as amended; to repeal §18B-14-1, §18B-14-2, §18B-
14-3, §18B-14-4, §18B-14-5, §18B-14-5a, §18B-14-6 and §18B-14-7 of
said code; to amend and reenact §5-6-4a of said code; to amend and
reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-4 of
said code; to amend and reenact §18B-2B-6 of said code; to amend
and reenact §18B-4-6 of said code; to amend and reenact §18B-5-4 of
said code; to amend and reenact §18B-10-8 of said code; and to
amend said code by adding thereto a new article, designated §18B-
19-1, §18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5, §18B-19-6, §18B-
19-7, §18B-19-8, §18B-19-9, §18B-19-10, §18B-19-11, §18B-19-12,
§18B-19-13, §18B-19-14, §18B-19-15, §18B-19-16, §18B-19-17 and
§18B-19-18, all relating to higher education capital facilities
generally; repealing certain specific duties of governing boards of
higher education institutions; eliminating condemnation rights of
those boards; eliminating execution of contracts and deeds by those
boards; eliminating certain obligation concerning capital
construction and repair duties; eliminating the authority of certain state institutions from selling certain properties and
lease-back provisions; replacing those duties that are being
repealed with similar responsibilities; setting forth certain
specific responsibilities of the Higher Education Policy Commission
and the Council for Community and Technical College Education;
reviewing tuition and fee increases; reviewing and approving
capital project planning, financing, management and maintenance;
permitting the acquisition, sale, transfer, exchange, lease,
conveyance and condemnation of real property; permitting the
construction and operation of capital facilities; permitting the
collection and use of certain capital fees; establishing in the
State Treasury a capital maintenance fund for each state
institution of higher education; setting forth legislative findings
and intent; defining terms; requiring rulemaking; providing for
system facilities institution and facilities planning; designating
Marshall Community and Technical College as Mountwest Community and
Technical College; making certain technical corrections; and
deleting certain obsolete language.
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. 4035, Relating to electronic
filing of tax returns and electronic funds transfers in payment of
taxes.
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: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 4035) 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. 4187, Continuing the current
hazardous waste management fee until 2015.
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: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 4187) 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. 4299, Providing that
nonstate retired employees who have worked for their last nonstate
employer for less than five years are responsible for their entire
premium cost.
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: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 4299) 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. 4312, Relating to the Tax Procedure and
Administration Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4312) 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. 4335, Relating to the business registration tax.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 4335) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4335--A Bill to amend and
reenact §11-12-5 of the Code of West Virginia, 1931, as amended,
relating to the business registration tax generally; specifying the
business registration tax and business registration certificate are
subject to certain exemptions; and specifying that the tax is
imposed for each and every issuance, reissuance or reinstatement of
a business registration certificate.
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. 4352, Authorizing the West
Virginia Supreme Court of Appeals to create a Business Court
Division within certain circuit court districts.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Tuesday, March 9, 2010, for
further amendments to be received on third reading, was reported by
the Clerk.
There being no further amendments offered,
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4352), as amended on yesterday, Tuesday, March 9, 2010, was then
read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Eng. Com. Sub. for H. B. No. 4352
) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 273, Authorizing DEP
promulgate legislative rules.
On motion of Senator Chafin, 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:
On page thirteen, section one, after line two hundred thirty-
eight, by inserting a new subsection (q), to read as follows:
(q) The legislative rule filed in the state register on the
twenty-first day of April, two thousand nine, authorized under the
authority of section two, article six, chapter twenty-two, of this
code, modified by the Department of Environmental Protection to
meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January,
two thousand ten, relating to the Department of Environmental
Protection (oil and gas wells and other wells, 35 CSR 4), is
authorized with the following amendment:
On page twenty-five, subdivision 16.4.d., by striking out the
words "except those pits and impoundments authorized by this
Office, based on soil analysis from the operator, to be suitable to
prevent seepage or leakage.";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 273--A Bill to amend and
reenact article 3, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the Department of Environmental Protection;
legislative mandate or authorization for the promulgation of
certain legislative rules
by various executive or administrative
agencies of the state
; authorizing certain of the agencies to
promulgate certain legislative rules in the form that the rules
were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-
Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making Review
Committee and as amended by the Legislature;
authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to solid waste management; authorizing the Department
of Environmental Protection to promulgate a legislative rule
relating to the covered electronic devices takeback program
;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to hazardous waste
management systems;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to ambient air
quality standards;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to permits for
construction and major modification of major stationary sources of
air pollution for the prevention of significant deterioration;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards of performance
for new stationary sources
; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to permits for construction and major modification of major
stationary sources of air pollution which cause or contribute to
nonattainment;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and
disposal facilities;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to acid rain
provisions and permits;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to emission
standards for hazardous air pollutants
;
authorizing the Department
of Environmental Protection to promulgate a legislative rule
relating to the National Pollutant Discharge Elimination System
(NPDES) Program
; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to
requirements governing groundwater standards;
authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to water pollution control permit fee schedules;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the WV/NPDES rules for
coal mining facilities;
authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to monitoring
wells;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to monitoring well design
standards; and authorizing the Department of Environmental
Protection to promulgate a
legislative rule relating to oil and-
gas wells and other wells.
On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendments to the bill (Eng. Com. Sub. for S.
B. No. 273) and requested the House of Delegates to recede
therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 213, Budget Bill.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
Engrossed Committee Substitute for Senate Bill No. 213 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
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. 213) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--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 S. B. No. 213) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2485, Allowing pharmacy interns to vend
pseudoephedrine and other chemical precursors of methamphetamine.
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. 4038, Imposing a statutory
lien on fire insurance proceeds in the event of a total loss to
real property.
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. 4081, Authorizing the
Department of Military Affairs and Public Safety to promulgate
legislative rules.
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:
On page six, section four, line ten, after the word
"facility'" by adding a semicolon and the following:
On page five, after the section caption "§170-2-5.
Penalties." by inserting a new subsection 5.1, to read as follows:
5.1. Penalty Amount. The director shall impose a civil
penalty on the industrial facility if he or she determines that the industrial facility failed to comply with the reporting or
communications and access requirements in this rule. In no case
shall the total penalty for all violations exceed $100,000 for an
emergency event.;
And renumbering the remaining subsections.
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4081) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--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. 4081) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--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. 4081) 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. 4110, Authorizing the
Department of Commerce to promulgate legislative rules.
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:
On page five, section three, line nineteen, by striking out
"3.8.5." and inserting in lieu thereof "3.8.4.".
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4110) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--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. 4110) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--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. 4110) 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. 4155, Permitting revenues allocated to volunteer and part time fire departments to be used
for Workers' Compensation premiums and length of service awards.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 4166, Expanding the age for
firefighters over thirty-five years of age for persons already
employed by another paid fire department.
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:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-17. Form of application; age and residency requirements;
exceptions.
The Firemen's Civil Service Commission in each municipality
shall require individuals applying for admission to any competitive
examination provided for under the civil service provisions of this article or under the rules of the commission to file in its office,
within a reasonable time prior to the proposed examination, a
formal application in which the applicant shall state under oath or
affirmation:
(1) His or her full name, residence and post-office address;
(2) His or her United States citizenship, age and the place
and date of his or her birth;
(3) His or her state of health, and his or her physical
capacity for the public service;
(4) His or her business and employments and residences for at
least three previous years; and
(5) Any other information as may reasonably be required,
touching upon the applicant's qualifications and fitness for the
public service.
Blank forms for the applications shall be furnished by the
commission, without charge, to all individuals requesting the same.
The commission may require, in connection with the application,
certificates of citizens, physicians and others, having pertinent
knowledge concerning the applicant, as the good of the service may
require.
No application for original or subsequent appointment shall be
received if the individual applying is less than eighteen years of
age or more than thirty-five years of age, unless the applicant is presently employed by another paid fire department, at the date of
his or her application: Provided, That any applicant over the age
of thirty five who is presently employed by another paid fire
department shall be required to participate in the pension and
relief fund established by section sixteen, article twenty-two,
chapter eight of the code: Provided, however, That in the event
any applicant formerly served upon the paid fire department of the
municipality to which he or she makes application, for a period of
more than one year, and resigned from the department at a time when
there were no charges of misconduct or other misfeasance pending
against the applicant, within a period of two years next preceding
the date of his or her application, and at the time of his or her
application resides within the corporate limits of the municipality
in which the paid fire department to which he or she seeks
appointment by reinstatement is located, then the individual shall
be eligible for appointment by reinstatement in the discretion of
the Firemen's Civil Service Commission, even though the applicant
shall be over the age of thirty-five years, and the applicant,
providing his or her former term of service so justifies, may be
appointed by reinstatement to the paid fire department without a
competitive examination, but the applicant shall undergo a medical
examination; and if the individual shall be so appointed by
reinstatement to the paid fire department, he or she shall be the lowest in rank in the department next above the probationers of the
department. Individuals who seek subsequent employment by another
paid fire department or who seek reinstatement with their original
department shall not be entitled to seniority considerations,
including department rank.
Any applicant for original appointment must have been a
resident for one year, during some period of time prior to the date
of his or her application, of the municipality in which he or she
seeks to become a member of the paid fire department: Provided,
That if the commission determines it necessary it may consider for
original appointment applicants who are not residents of the
municipality but who have been residents of the county in which the
municipality or any portion of the territory thereof is located for
a period of at least one year.
The bill (Eng. Com. Sub. for H. B. No. 4166), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4166) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--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. 4166) 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. 4166--A Bill to amend and
reenact §8-15-17 of the Code of West Virginia, 1931, as amended,
relating to paid firefighters who seek subsequent employment with
other paid fire departments; requiring applicants over the age of thirty-five who seek subsequent employment to participate in a
certain pension plan; and certifying subsequent hiring or
reinstatement effects on seniority considerations.
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. 4167, Creating a special
revenue fund, known as the Department of Health and Human Resources
Safety and Treatment 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. 4211, Providing supplemental
funding for providing alternative programs for limited English
proficient students.
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. 4260, Relating to insurance
adjusters.
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. 4306, Relating to public
school support computation of local share.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §18-9A-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-2. Definitions.
For the purpose of this article:
(a) "State board" means the West Virginia Board of Education.
(b) "County board" or "board" means a county board of
education.
(c) "Professional salaries" means the state legally mandated
salaries of the professional educators as provided in article four,
chapter eighteen-a of this code.
(d) "Professional educator" shall be synonymous with and shall
have the same meaning as "teacher" as defined in section one,
article one of this chapter, and includes technology integration
specialists.
(e) "Professional instructional personnel" means a
professional educator whose regular duty is as that of a classroom
teacher, librarian, attendance director or school psychologist. A
professional educator having both instructional and administrative or other duties shall be included as professional instructional
personnel for that ratio of the school day for which he or she is
assigned and serves on a regular full-time basis in appropriate
instruction, library, attendance, or psychologist duties.
(f) "Professional student support personnel" means a "teacher"
as defined in section one, article one of this chapter who is
assigned and serves on a regular full-time basis as a counselor or
as a school nurse with a bachelor's degree and who is licensed by
the West Virginia Board of Examiners for Registered Professional
Nurses. For all purposes except for the determination of the
allowance for professional educators pursuant to section four of
this article, professional student support personnel are
professional educators.
(g) "Service personnel salaries" means the state legally
mandated salaries for service personnel as provided in section
eight-a, article four, chapter eighteen-a of this code.
(h) "Service personnel" means all personnel as provided in
section eight, article four, chapter eighteen-a of this code. For
the purpose of computations under this article of ratios of service
personnel to net enrollment, a service employee shall be counted as
that number found by dividing his or her number of employment days
in a fiscal year by two hundred: Provided, That the computation
for any service person employed for three and one-half hours or less per day as provided in section eight-a, article four, chapter
eighteen-a of this code shall be calculated as one-half an
employment day.
(i) "Net enrollment" means the number of pupils enrolled in
special education programs, kindergarten programs and grades one to
twelve, inclusive, of the public schools of the county. Net
enrollment further shall include:
(1) Adults enrolled in regular secondary vocational programs
existing as of the effective date of this section, subject to the
following:
(A) Net enrollment includes no more than one thousand of those
adults counted on the basis of full-time equivalency and
apportioned annually to each county in proportion to the adults
participating in regular secondary vocational programs in the prior
year counted on the basis of full-time equivalency; and
(B) Net enrollment does not include any adult charged tuition
or special fees beyond that required of the regular secondary
vocational student;
(2) Students enrolled in early childhood education programs as
provided in section forty-four, article five of this chapter,
counted on the basis of full-time equivalency;
(3) No pupil shall be counted more than once by reason of
transfer within the county or from another county within the state, and no pupil shall be counted who attends school in this state from
another state;
(4) The enrollment shall be modified to the equivalent of the
instructional term and in accordance with the eligibility
requirements and rules established by the state board; and
(5) For the purposes of determining the county's basic
foundation program, only, for any county whose net enrollment as
determined under all other provisions of this definition is less
than one thousand four hundred, the net enrollment of the county
shall be increased by an amount to be determined in accordance with
the following:
(A) Divide the state's lowest county student population
density by the county's actual student population density;
(B) Multiply the amount derived from the calculation in
paragraph (A) of this subdivision by the difference between one
thousand four hundred and the county's actual net enrollment;
(C) If the increase in net enrollment as determined under this
subdivision plus the county's net enrollment as determined under
all other provisions of this subsection is greater than one
thousand four hundred, the increase in net enrollment shall be
reduced so that the total does not exceed one thousand four
hundred; and
(D) During the 2008-2009 interim period and every three interim periods thereafter, the Legislative Oversight Commission on
Education Accountability shall review the provisions of this
subdivision to determine whether or not they properly address the
needs of counties with low enrollment and a sparse population
density.
(j) "Sparse-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is less than five.
(k) "Low-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or
greater than five but less than ten.
(l) "Medium-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or
greater than ten but less than twenty.
(m) "High-density county" means a county whose ratio of net
enrollment, excluding any increase in the net enrollment of
counties pursuant to subdivision (5) of the definition of net
enrollment, to the square miles of the county is equal to or greater than twenty.
(n) "Levies for general current expense purposes" means
ninety-four ninety percent of the levy rate for county boards of
education calculated or set by the Legislature pursuant to the
provisions of section six-f, article eight, chapter eleven of this
code: Provided, That beginning July 1, 2008, "levies for general
current expense purposes" means ninety percent of the levy rate for
county boards of education calculated or set by the Legislature
pursuant to the provisions of section six-f, article eight, chapter
eleven of this code: Provided, however, That effective July 1, 2010
2013, the definitions definition set forth in this subsection are
is subject to the provisions of section two-a of this article.
(o) "Technology integration specialist" means a professional
educator who has expertise in the technology field and is assigned
as a resource teacher to provide information and guidance to
classroom teachers on the integration of technology into the
curriculum.
(p) "State aid eligible personnel" means all professional
educators and service personnel employed by a county board in
positions that are eligible to be funded under this article and
whose salaries are not funded by a specific funding source such as
a federal or state grant, donation, contribution or other specific
funding source not listed.
The bill (Eng. Com. Sub. for H. B. No. 4306), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4306) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--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. 4306) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4306--A Bill
to amend and
reenact §18-9A-2 of the Code of West Virginia, 1931, as amended,
relating to changing the effective date for making the definition
of "levies for general current expense purposes" subject to another
section of code for the purpose of making the effective dates in
both sections consistent.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question,
the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--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. 4306) takes effect July 1, 2010.
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. 4359, Requiring local labor
for public construction projects.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4416, Declaring certain claims against the
state and its agencies to be moral obligations of the state and
directing payments thereof.
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. 4436, Providing discretion
to schools that make AYP to use assessments and adopting
instructional strategies and programs that promote student
learning.
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 and adopted:
On page three, section five, lines fourteen through eighteen,
by striking out all of paragraph (C) and inserting in lieu thereof
a new paragraph (C), to read as follows:
"(C) A system of accountability for continuous improvement defined by high quality standards for schools and school systems
articulated by a rule promulgated by the state board and outlined
in subsection (c) of this section that will build capacity in
schools and districts to meet rigorous outcomes that assure student
performance and progress toward obtaining the knowledge and skills
intrinsic to a high quality education rather than monitoring for
compliance with specific laws and regulations; and";
On page forty-one, section five, line seven hundred forty-six,
by striking out the word "may" and inserting in lieu thereof the
word "shall";
And,
On page fifty-six, section six, line forty, by striking out
the words "a primary" and inserting in lieu thereof the word "the".
The following amendment to the bill (Eng. Com. Sub. for H. B.
No. 4436), from the Committee on Education, was next reported by
the Clerk:
On page fifty-seven, section six, after line fifty, by
inserting the following:
School curriculum teams may request waivers of non-state
mandated tests listed in their county board policies. Based on the
school's accreditation status, pursuant to section five, article
two-e of this chapter, the board may accept or reject the school
curriculum teams' waiver request. Waivers are if effect for one year only. School curriculum teams may resubmit the same or
additional waiver requests the following year.
The question being on the adoption of the Education committee
amendment to the bill.
At the request of Senator Plymale, as chair of the Committee
on Education, and by unanimous consent, the Education committee
amendment to the bill was withdrawn.
The following amendment to the bill
(Eng. Com. Sub. for H. B.
No. 4436)
, from the Committee on Education, was next reported by
the Clerk and adopted:
On page fifty-eight, section six, line sixty-nine, after the
word "independently." by striking out the remainder of the section.
On motion of Senator Plymale, the following amendment to the
bill (Eng. Com. Sub. for H. B. No. 4436) was next reported by the
Clerk and adopted:
On page fifty-seven, section six, after line fifty, by
inserting the following:
School curriculum teams may request waivers of non-state
mandated tests listed in their county board policies. The
determination of whether to grant the request shall be based on the
school's accreditation status. Waivers are in effect for one year
only. School curriculum teams may resubmit the same or additional
waiver requests the following year.
The bill (Eng. Com. Sub. for H. B. No. 4436), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4436) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--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. 4436) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4436--A Bill
to amend and
reenact §18-2E-5 and §18-5A-6 of the Code of West Virginia, 1931,
as amended, relating to promoting student achievement; revising
accountability finding; clarifying optional usage of certain
testing or assessment instruments; publishing and making such
instruments available to curriculum teams and teacher
collaborations; making exclusions from accreditation and
evaluations for failure to use or exercise of discretion in using
certain assessments, strategies and programs; adding circumstance
to definition of low performing school; providing for state system
of support for low performing schools and modifying process and
time lines for improvement; requiring schools and school systems to
work collaboratively with state system of support in certain
circumstances; requiring school curriculum teams to review certain
non required tests and assessments and providing it discretion to
determine usage; authorizing team to request waiver of state and
county requirements to use certain assessments, instructional
strategies or programs; updating waivers for instructional resources; providing for optional adoption by schools of process
for teacher collaboration to replace or in addition to school
curriculum team; and providing for membership, mission and
structure.
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. 4457, Relating to the access
to and protection of cemeteries.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Energy, Industry and Mining, were reported by the Clerk, considered
simultaneously, and adopted:
On page twenty-one, section one, lines thirty through thirty-
two, by striking out subdivision (2) in its entirety;
And renumbering the remaining subdivision;
And,
On page twenty-five, section seven, line eight, by striking
out the words "using GPS technology".
The bill, as amended, was then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: Fanning--1.
Absent: Oliverio--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4457) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: Fanning--1.
Absent: Oliverio--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. 4457) passed with its title.
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. 4512, Relating to school bus
operators.
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 thirteen, section eight, line two hundred twenty-one,
by striking out the word "Director" and inserting in lieu thereof
the word "director";
On page twenty-two, section eight, lines three hundred eighty-
one through three hundred eighty-seven, by striking out all of
subdivision (75) and inserting in lieu thereof a new subdivision
(75), to read as follows:
"(75) 'School bus supervisor' means a qualified person:
(A) Employed to assist in selecting school bus operators and
routing and scheduling school buses, operate a bus when needed,
relay instructions to bus operators, plan emergency routing of
buses and promote good relationships with parents, students, bus
operators and other employees; and
(B) Certified to operate a bus or previously certified to
operate a bus;"
;
On page twenty-four, section eight, line four hundred twenty-four, by striking out the word "must" and inserting in lieu thereof
the word "shall";
On page twenty-four, section eight, line four hundred twenty-
six, by striking out the words "of education";
On page twenty-four, section eight, line four hundred twenty-
nine, after the word "mechanic" by striking out the comma and
inserting in lieu thereof the word "or";
On pages thirty through forty-three, by striking out all of
section eight-a;
And,
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §18A-4-8, §18A-4-8b and §18A-4-8e of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
.
At the request of Senator Helmick, and by unanimous consent,
the bill (Eng. Com. Sub. for H. B. No. 4512), as just amended, was
advanced to third reading with the right for further amendments to
be considered on that reading.
Eng. Com. Sub. for House Bill No. 4534, Increasing the
criminal penalty for failing to stop and render aid after a motor
vehicle accident; Erin's Law.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Kessler, 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 Kessler, 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 4. CRASHES.
§17C-4-1.
Crashes involving death or personal injuries; Erin's
Law.
(a) The driver of any vehicle involved in an accident a crash
resulting in injury to or death of any person shall immediately
stop the vehicle at the scene of the accident crash or as close
thereto to the scene as possible but shall then forthwith and
return to and shall remain at the scene of the accident crash until
he or she has complied with the requirements of section three of
this article: Provided, That the driver may leave the scene of the
accident crash as may reasonably be necessary for the purpose of
rendering assistance to an injured person as required by said
section three. Every such stop shall be made without obstructing
traffic more than is necessary.
(b) Any person knowingly violating the provisions of subsection (a) of this section after being involved in an accident
a crash resulting in the death of any person is guilty of a felony
and, upon conviction thereof, shall be punished by confinement in
a correctional facility for a mandatory term of not less than one
year and fined by not more than $5,000 or imprisoned in a
correctional facility for not less than one year nor more than five
years, or both fined and confined.
(c) Any person knowingly violating the provisions of
subsection (a) of this section after being involved in an accident
a crash resulting in physical injury to any person is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by
confinement in a county or regional jail for not more than one
year, or fined not more than $1,000, or both.
(d) The commissioner shall revoke the license or permit to
drive or operating privilege to drive and of any resident or
nonresident operating privilege of any person convicted pursuant to
the provisions of this section for a period of one year from the
date of conviction or the date of release from incarceration,
whichever is later.
(e) This section may be known and cited as "Erin's Law".
The bill (Eng. Com. Sub. for H. B. No. 4534), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4534) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--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. 4534) passed.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, and by unanimous consent, the unreported
Judiciary committee amendment to the title of the bill was
withdrawn.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4534--A Bill to amend and
reenact §17C-4-1 of the Code of West Virginia, 1931, as amended,
relating to increasing the criminal penalty for failing to stop and
render aid after a motor vehicle crash; clarifying intent
requirement; extending suspension period; and naming the code
section "Erin's Law".
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. 4652, Establishing a school
calendar committee for each county.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Plymale, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. House Bill No. 4669, Granting exceptions to certain
statutes to innovation zone plans approved by state board.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and
proceeded to the tenth order of business.
Eng. Com. Sub. for House Bill No. 2503, Requiring licensed
tattoo artist to inform patrons, prior to performing the tattoo
procedure, of the potential problems that a tattoo may cause in
relation to the reading of magnetic resonance imaging.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Guills and Oliverio--2.
The bill (Eng. Com. Sub. for H. B. No. 2503) was then read a
second time.
The following amendment to the bill, from the Committee on
Health and Human Resources, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 38. TATTOO STUDIO BUSINESS.
§16-38-3. Operation standards.
(a) Records. --
(1) Proper records of tattoos administered shall be maintained
for each patron by the holder of the studio registration;
(2) A record shall be prepared for each patron prior to any
procedure being performed and shall include the patron's name and
signature, address, age, date tattooed, design of the tattoo,
location of the tattoo on the patron's body and the name of the
tattoo artist who performed the work;
(3) Record entries shall be in ink or indelible pencil and
shall be available for examination by the inspecting authorities
provided in section six of this article;
(4) Before tattoo administration, the owner or tattoo artist
shall discuss with the patron the risks involved in the tattoo requested, including the potential that a tattoo may interfere with
the clinical reading of a magnetic resonance imaging study, should
the patron intending to be tattooed ever encounter a medical need
for such a study. The owner shall provide the patron with written
information regarding the possible complications that may arise
from receiving a tattoo. The written information shall be prepared
by the Department of Health and Human Resources. Receipt of the
information shall be acknowledged in writing by the patron. The
owner or tattoo artist shall also keep and maintain the
acknowledgment as part of the patron's record pursuant to the
provisions of subdivision (5) of this subsection.
(5) All records required by this section shall be kept on file
for five years by the holder of the studio registration for the
studio in which the tattoo was performed.
(b) Consent. -
(1) Prior written consent for tattooing of minors shall be
obtained from one parent or guardian;
(2) All written consents shall be kept on file for five years
by the holder of the studio registration for the tattoo studio in
which the tattoo was performed;
(3) The person receiving the tattoo shall attest to the fact
that he or she is not intoxicated or under the influence of drugs
or alcohol.
(c) Tattooing procedures. -
(1) Printed instructions on the care of the skin after
tattooing shall be given to each patron as a precaution to prevent
infection;
(2) A copy of the printed instructions shall be posted in a
conspicuous place, clearly visible to the person being tattooed;
(3) Each tattoo artist shall wear a clean outer garment, i.e.,
apron, smock, T-shirt, etc.;
(4) Tattoo artists who are experiencing diarrhea, vomiting,
fever, rash, productive cough, jaundice, draining or open skin
infections such as boils which could be indicative of more serious
conditions such as, but not limited to, impetigo, scabies,
hepatitis-b, HIV or AIDS shall refrain from tattooing activities
until such time as they are no longer experiencing or exhibiting
the aforementioned symptoms;
(5) Before working on each patron, the fingernails and hands
of the tattoo artist shall be thoroughly washed and scrubbed with
hot running water, antibacterial soap and an individual hand brush
that is clean and in good repair;
(6) The tattoo artist's hands shall be air blown dried or
dried by a single-use towel. In addition, disposable latex
examination gloves shall be worn during the tattoo process. The
gloves shall be changed each time there is an interruption in the tattoo application, the gloves become torn or punctured or whenever
their ability to function as a barrier is compromised;
(7) Only sterilized or single-use, disposable razors shall be
used to shave the area to be tattooed;
(8) Immediately prior to beginning the tattoo procedure, the
affected skin area shall be treated with an antibacterial solution;
(9) If an acetate stencil is used by a tattoo artist for
transferring the design to the skin, the acetate stencil shall be
thoroughly cleaned and rinsed in a germicidal solution for at least
20 minutes and then dried with sterile gauze or dried in the air on
a sanitized surface after each use;
(10) If a paper stencil is used by a tattoo artist for
transferring the design to the skin, the paper stencil shall be
single-use and disposable;
(11) If the design is drawn directly onto the skin, the design
shall be applied with a single-use article only.
(d) Dyes or pigments. -
(1) Only nontoxic sterile dyes or pigments shall be used and
shall be prepared in sterilized or disposable single-use containers
for each patron;
(2) After tattooing, the unused dye or pigment in the
single-use containers shall be discarded along with the container;
(3) All dyes or pigments used in tattooing shall be from professional suppliers specifically providing dyes or pigments for
the tattooing of human skin.
(e) Sterilization of needles. -
(1) A set of individual, sterilized needles shall be used for
each patron;
(2) No less than twenty-four sets of sterilized needles and
tubes shall be on hand for the entire day or night operation.
Unused sterilized instruments shall be resterilized at intervals of
no more than six months from the date of the last sterilization;
(3) Used, nondisposable instruments shall be kept in a
separate, puncture resistant container until brush scrubbed in hot
water and soap and then sterilized by autoclaving;
(4) If used instruments are ultrasonically cleaned prior to
being placed in the used instrument container, they shall be
ultrasonically cleaned and then rinsed under running hot water
prior to being placed in the used instrument container;
(5) The ultrasonic unit shall be sanitized daily with a
germicidal solution;
(6) If used instruments are not ultrasonically cleaned prior
to being placed in the used instrument container, they shall be
kept in a germicidal or soap solution until brush scrubbed in hot
water and soap and then sterilized by autoclaving;
(7) All nondisposable instruments, including the needle tubes, shall be sterilized and shall be handled and stored in such a
manner as to prevent contamination. Instruments to be sterilized
shall be sealed in bags made specifically for the purpose of
autoclave sterilization and shall include the date of
sterilization. If nontransparent sterilization bags are utilized,
the bag shall also list the contents;
(8) Autoclave sterilization bags, with a color code indicator
which changes color upon proper steam sterilization, shall be
utilized during the autoclave sterilization process;
(9) Instruments shall be placed in the autoclave in such a
manner as to allow live steam to circulate around them;
(10) No rusty, defective or faulty instruments shall be kept
in the studio.
(f) Aftercare of tattoo. -
The completed tattoo shall be washed with a single-use towel
saturated with an antibacterial solution.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2503) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Guills and Oliverio--2.
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. 2503) 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. 2503--A Bill to amend and
reenact §16-38-3 of the code of West Virginia, 1931, as amended,
relating to requiring licensed tattoo artists to inform patrons,
prior to performing the tattoo procedure, of the potential problems
that a tattoo may cause in relation to the clinical reading of
magnetic resonance imaging studies; requiring the Department of
Health and Human Resources to prepare written forms thereto;
requiring an acknowledgment by the patron and specifying record
keeping requirements.
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. 2663, Expanding the power of
municipal parking authority officers.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. House Bill No. 3110, Renaming conservation officers to be
natural resources police officers.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Guills and Oliverio--2.
The bill (Eng. H. B. No. 3110) was then read a second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §15-2-12, §15-10-3, §15-10A-2, §17-24A-1, §17-24A-2, §17A-3-23, §17C-4-16, §17C-5-4, §18B-10-7, §19-20A-7, §20-1-13,
§20-2-5, §20-2-7, §20-2-15, §20-2-16, §20-2-22, §20-2-22a, §20-2-
56a, §20-2-57a, §20-7-1, §20-7-1a, §20-7-1b, §20-7-1c, §20-7-1d,
§20-7-1e, §20-7-1f, §20-7-2, §20-7-3, §20-7-4, §20-7-12b, §22-15A-
19, §29-2A-11a, §29-3-12, §30-29-1 and §36-8A-1 of the Code of West
Virginia, 1931, as amended, all be amended and reenacted to read as
follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-12. Mission of the State Police; powers of superintendent,
officers and members; patrol of turnpike.
(a) The West Virginia State Police shall have the mission of
statewide enforcement of criminal and traffic laws with emphasis on
providing basic enforcement and citizen protection from criminal
depredation throughout the state and maintaining the safety of the
state's public streets, roads and highways.
(b) The superintendent and each of the officers and members of
the division are hereby empowered:
(1) To make arrests anywhere within the state of any persons
charged with the violation of any law of this state, or of the
United States, and when a witness to the perpetration of any
offense or crime, or to the violation of any law of this state, or
of the United States, to make arrests without warrant; to arrest and detain any persons suspected of the commission of any felony or
misdemeanor whenever a complaint is made and a warrant is issued
thereon for the arrest, and the person arrested shall be
immediately brought before the proper tribunal for examination and
trial in the county where the offense for which the arrest has been
made was committed;
(2) To serve criminal process issued by any court or
magistrate anywhere within this state:
Provided, That they may not
serve civil process; and
(3) To cooperate with local authorities in detecting crime and
in apprehending any person or persons engaged in or suspected of
the commission of any crime, misdemeanor or offense against the law
of this state, or of the United States, or of any ordinance of any
municipality in this state; and to take affidavits in connection
with any application to the Division of Highways, Division of Motor
Vehicles and of West Virginia State Police for any license, permit
or certificate that may be lawfully issued by these divisions of
state government.
(c) Members of the West Virginia State Police are hereby
designated as
forest patrolmen and game and fish wardens natural
resources police officers throughout the state to do and perform
any duties and exercise any powers of
forest patrolmen and game and
fish wardens natural resources police officers, and may apprehend and bring before any court or magistrate having jurisdiction of
these matters, anyone violating any of the provisions of chapters
twenty, sixty and sixty-one of this code. The West Virginia State
Police is at any time subject to the call of the West Virginia
Alcohol Beverage Control Commissioner to aid in apprehending any
person violating any of the provisions of chapter sixty of this
code. They shall serve and execute warrants for the arrest of any
person and warrants for the search of any premises issued by any
properly constituted authority, and shall exercise all of the
powers conferred by law upon a sheriff. They may not serve any
civil process or exercise any of the powers of
such an officer in
civil matters.
(d) Any member of the West Virginia State Police knowing or
having reason to believe that any person has violated the law may
make complaint in writing before any court or officer having
jurisdiction and procure a warrant for the offender, execute the
warrant and bring the person before the proper tribunal having
jurisdiction. The member shall make return on all warrants to the
tribunals and his or her official title shall be "member of the
West Virginia State Police". Members of the West Virginia State
Police may execute any summons or process issued by any tribunal
having jurisdiction requiring the attendance of any person as a
witness before the tribunal and make return thereon as provided by law. Any return by a member of the West Virginia State Police
showing the manner of executing the warrant or process has the same
force and effect as if made by a sheriff.
(e) Each member of the West Virginia State Police, when called
by the sheriff of any county, or when directed by the Governor by
proclamation, has full power and authority within the county, or
within the territory defined by the Governor, to direct and command
absolutely the assistance of any sheriff, deputy sheriff, chief of
police, policeman,
game and fish warden natural resources police
officer and peace officer of the state, or of any county or
municipality therein, or of any able-bodied citizen of the United
States, to assist and aid in accomplishing the purposes expressed
in this article. When called, any officer or person is, during the
time his or her assistance is required, for all purposes a member
of the West Virginia State Police and subject to all the provisions
of this article.
(f) The superintendent may also assign members of the division
to perform police duties on any turnpike or toll road, or any
section of any turnpike or toll road, operated by the West Virginia
Parkways, Economic Development and Tourism Authority:
Provided,
That the authority shall reimburse the West Virginia State Police
for salaries paid to the members and shall either pay directly or
reimburse the division for all other expenses of the group of members in accordance with actual or estimated costs determined by
the superintendent.
(g) The West Virginia State Police may develop proposals for
a comprehensive county or multicounty plan on the implementation of
an enhanced emergency service telephone system and may cause a
public meeting on the proposals, all as set forth in section six-a,
article six, chapter twenty-four of this code.
(h) By the first day of July, one thousand nine hundred
ninety-three, the superintendent shall establish a network to
implement reports of the disappearance of children by local
law-enforcement agencies to local school division superintendents
and the State Registrar of Vital Statistics. The network shall be
designed to establish cooperative arrangements between local
law-enforcement agencies and local school divisions concerning
reports of missing children and notices to law-enforcement agencies
of requests for copies of the cumulative records and birth
certificates of missing children. The network shall also establish
a mechanism for reporting the identities of all missing children to
the State Registrar of Vital Statistics.
(i) The superintendent may at his or her discretion and upon
the written request of the West Virginia Alcohol Beverage Control
Commissioner assist the commissioner in the coordination and
enforcement of article sixteen, chapter eleven of this code and chapter sixty of this code.
(j) Notwithstanding the provisions of article one-a, chapter
twenty of this code, the superintendent of the West Virginia State
Police may sell any surplus real property to which the West
Virginia State Police or its predecessors retain title, and deposit
the net proceeds into a special revenue account to be utilized for
the purchase of additional real property and for repairs to or
construction of detachment offices or other facilities required by
the West Virginia State Police. There is hereby created a special
revolving fund in the State Treasury which shall be designated as
the "surplus real property proceeds fund". The fund shall consist
of all money received from the sale of surplus real property owned
by the West Virginia State Police. Moneys deposited in the fund
shall only be available for expenditure upon appropriation by the
Legislature:
Provided, That amounts collected which are found from
time to time to exceed the funds needed for the purposes set forth
in this subsection may be transferred to other accounts or funds
and redesignated for other purposes by appropriation of the
Legislature.
(k) Notwithstanding any other provision of this code, the
agency for surplus property is hereby empowered to transfer funds
generated from the sale of vehicles, other equipment and
commodities belonging to the West Virginia State Police to a special revenue account within the West Virginia State Police
entitled the West Virginia State Police surplus transfer account.
Moneys deposited in the fund shall only be available for
expenditure upon appropriation by the Legislature:
Provided, That
amounts collected which are found from time to time to exceed the
funds needed for the purposes set forth in this subsection may be
transferred to other accounts or funds and redesignated for other
purposes by appropriation of the Legislature. Any funds
transferred to this account may be utilized by the superintendent
to defray the cost of normal operating needs of the division.
(l) If the State Police or any other law-enforcement agency in
this state receives a report that a person who has Alzheimer's
disease and related dementia is missing, the State Police or any
other law-enforcement agency shall immediately open an
investigation for the purpose of determining the whereabouts of
that missing person. Any policy of the State Police or any other
law-enforcement agency relating to a waiting period prior to
initiation of an investigation of a missing person shall not apply
in the case of a person who has Alzheimer's disease or other
related dementia of the type referred to in this subsection.
(m) Notwithstanding any provision of this code to the
contrary, effective on and after the first day of July, two
thousand seven, the expenses and salaries paid to the members of the West Virginia State Police for the monitoring and enforcement
duties defined in chapter seventeen-c of this code may not be paid
from the state road fund or subject to reimbursement from the
Division of Motor Vehicles but shall be subject to appropriation by
the Legislature.
ARTICLE 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.
§15-10-3. Definitions.
For purposes of this article only, and unless a different
meaning plainly is required:
(1) "Criminal justice enforcement personnel" means those
persons within the state criminal justice system who are actually
employed as members of the Division of Public Safety, members of
the Division of Protective Services,
state conservation officers
natural resources police officers, chiefs of police and police of
incorporated municipalities, and county sheriffs and their
deputies, and whose primary duties are the investigation of crime
and the apprehension of criminals.
(2) "Head of a law-enforcement agency" means the
Superintendent of the Division of Public Safety, the director of
the Division of Protective Services, the chief
conservation officer
natural resources police officer of the Division of Natural
Resources, a chief of police of an incorporated municipality or a
county sheriff.
(3) "State or local law-enforcement officer" means any duly
authorized member of a law-enforcement agency who is authorized to
maintain public peace and order, prevent and detect crime, make
arrests and enforce the laws of the state or any county or
municipality thereof, other than parking ordinances, and includes
those persons employed as campus police officers at state
institutions of higher education in accordance with the provisions
of section five, article four, chapter eighteen-b of this code,
although those institutions may not be considered law-enforcement
agencies. The term also includes those persons employed as rangers
by the Hatfield-McCoy regional recreation authority in accordance
with the provisions of section six, article fourteen, chapter
twenty of this code, although the authority may not be considered
a law-enforcement agency.
(4) "Head of campus police" means the superintendent or
administrative head of state or local law-enforcement officers
employed as campus police officers at state institutions of higher
education in accordance with the provisions of section five,
article four, chapter eighteen-b of this code.
(5) "Head of the rangers of the Hatfield-McCoy regional
recreation authority" means the superintendent or administrative
head of state or local law-enforcement officers employed as rangers
by the Hatfield-McCoy regional recreation authority in accordance with the provisions of section six, article fourteen, chapter
twenty of this code.
ARTICLE 10A. LAW-ENFORCEMENT REEMPLOYMENT ACT.
§15-10A-2. Reemployment of law-enforcement officers.
(a) Notwithstanding any provision of this code to the
contrary, any honorably retired law-enforcement officer may, at the
discretion of the head of a law-enforcement agency, be reemployed
subject to the provisions of this article:
Provided, That a
retired law-enforcement officer employed pursuant to this article
must be certified pursuant to article twenty-nine, chapter thirty.
(b) Any person reemployed pursuant to the provisions of this
article shall:
(1) Receive the same compensation as a regularly enlisted
officer of the same rank;
(2) Receive credit for all years of service accrued prior to
their retirement, as well as service rendered after the date of
their reemployment;
(3) Exercise the same authority as a regularly enlisted
officer of the law-enforcement agency;
(4) Wear the same uniform and insignia;
(5) Be subject to the same oath;
(6) Execute the same bond; and
(7) Exercise the same powers and be subject to the same limitations as a regularly enlisted officer of the law-enforcement
agency.
(c) A person reemployed pursuant to the provisions of this
article is ineligible for promotion or reclassification of any type
nor eligible for appointment to a temporary rank.
(d) A person reemployed pursuant to the provisions of this
article may be employed for a period not to exceed two years from
the date on which he or she is hired.
(e) As used in this article:
(1) "Law-enforcement officer" or "officer" means: (A) Any
sheriff and any deputy sheriff of any county; (B) any member of a
police department in any municipality as defined in section two,
article one, chapter eight of this code; and (C) any
conservation
officer natural resources police officer of the Division of Natural
Resources; and
(2) "Head of a law-enforcement agency" means the chief of
police of an incorporated municipality; a county sheriff, or the
chief
conservation officer natural resources police officer of the
Division of Natural Resources.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 24A. DISPOSAL OF ABANDONED MOTOR VEHICLES, JUNKED MOTOR
VEHICLES, AND ABANDONED OR INOPERATIVE HOUSEHOLD APPLIANCES.
§17-24A-1. Definitions.
Unless the context clearly indicates a different meaning, as
used in this article:
(1) "Commissioner" means the commissioner of the Division of
Highways or his or her designee.
(2) "Abandoned household appliance" means a refrigerator,
freezer, range, stove, automatic dishwasher, clothes washer,
clothes dryer, trash compactor, television set, radio, air
conditioning unit, commode, bed springs, mattress or other
furniture, fixtures or appliances to which no person claims
ownership and which is not in an enclosed building, a licensed
salvage yard or the actual possession of a demolisher.
(3) "Abandoned motor vehicle" means any motor vehicle, or
major part thereof, which is inoperative and which has been
abandoned on public property for any period of time over five days,
other than in an enclosed building or in a licensed salvage yard or
at the business establishment of a demolisher; or any motor
vehicle, or major part thereof, which has remained on private
property without consent of the owner or person in control of the
property for any period of time over five days; or any motor
vehicle, or major part thereof, which is unattended, discarded,
deserted and unlicensed and is not in an enclosed building, a
licensed salvage yard or the actual possession of a demolisher:
Provided, That a motor vehicle, or major part thereof, shall not be considered an abandoned motor vehicle if: (a) The owner of the
motor vehicle is storing the motor vehicle on the owner's property;
(b) the motor vehicle is being stored for the purpose of using its
parts on other motor vehicles owned by the owner; (c) the owner
owns other motor vehicles similar to the motor vehicle being
stored; and (d) the owner is a business licensed to do business in
the state of West Virginia and not in the primary business of
offering motor vehicles or parts thereof for sale.
(4) "Demolisher" means any person licensed by the commissioner
of the Division of Highways whose business, to any extent or
degree, is to convert a motor vehicle or any part thereof or an
inoperative household appliance into processed scrap or scrap metal
or into saleable parts or otherwise to wreck or dismantle vehicles
or appliances.
(5) "Enclosed building" means a structure surrounded by walls
or one continuous wall and having a roof enclosing the entire
structure and includes a permanent appendage thereto.
(6) "Enforcement agency" means any of the following or any
combination of the following:
(a) Public law-enforcement officers of this state, including
conservation officers natural resources police officers;
(b) Public law-enforcement officers of any county, city or
town within this state; and
(c) The Commissioner of the Division of Highways, his or her
duly authorized agents and employees.
(7) "Inoperative household appliance" means a refrigerator,
freezer, range, stove, automatic dishwasher, clothes washer,
clothes dryer, trash compactor, television set, radio, air
conditioning unit, commode, bed springs, mattress or other
furniture, fixture or appliance which by reason of mechanical or
physical defects can no longer be used for its intended purpose and
which is either not serving a functional purpose or use or is not
in an enclosed building, a licensed salvage yard or the actual
possession of a demolisher.
(8) "Junked motor vehicle" means a motor vehicle, or any part
thereof which: (a) Is discarded, wrecked, ruined, scrapped or
dismantled; (b) cannot pass the state inspection required by
article sixteen, chapter seventeen-c of this code; and (c) is
either not serving a functional purpose or use or is not in an
enclosed building, a licensed salvage yard or the actual possession
of a demolisher:
Provided, That a motor vehicle, or major part
thereof, shall not be considered a junked motor vehicle if: (a)
The owner of the motor vehicle is storing the motor vehicle on the
owner's property; (b) the motor vehicle is being stored for the
purpose of using its parts on other motor vehicles owned by the
owner; (c) the owner owns other motor vehicles similar to the motor vehicle being stored; and (d) the owner is a business licensed to
do business in the state of West Virginia and not in the primary
business of offering motor vehicles or parts thereof for sale.
(9) "Licensed salvage yard" means a salvage yard licensed
under article twenty-three of this chapter.
(10) "Motor vehicle" means a vehicle which is or was
self-propelled, including, but not limited to, automobiles, trucks,
buses and motorcycles.
(11) "Person" means a natural person, corporation, firm,
partnership, association or society and the plural as well as the
singular.
§17-24A-2. Abandonment of motor vehicle prohibited; inoperative
household appliances prohibited in certain places; penalty.
(a) No person shall, within this state, abandon a motor
vehicle or major part thereof upon the right-of-way of any public
highway, upon any other public property or upon any private
property without the consent of the owner or person in control of
the property, or upon property owned or controlled by that person,
unless it be at a licensed salvage yard or at the business
establishment of a demolisher, or a business licensed to do
business in the state of West Virginia and not in the primary
business of offering motor vehicles or parts thereof for sale. Any
person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced
and fined as set forth below.
(b) No person shall, within this state, place or abandon any
inoperative household appliance upon the right-of-way of any public
highway or upon any other public property; nor shall any person,
within this state, place or abandon any inoperative household
appliance upon any private property unless it be at a licensed
salvage yard, solid waste facility, other business authorized to
accept
such solid waste or at the business establishment of a
demolisher. Any person who violates any provision of this section
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be sentenced and fined as set forth below.
(c) Any person who is guilty of a misdemeanor as described in
this section and the abandoned motor vehicle, junked motor vehicle,
or inoperative household appliance does not exceed one hundred
pounds in weight or twenty-seven cubic feet in size is subject to
a fine of not less than fifty dollars nor more than one thousand
dollars or, in the discretion of the court, sentenced to perform
community service by cleaning up litter from any public highway,
road, street, alley or any other public park or public property or
waters of the state, as designated by the court, for not less than
eight nor more than sixteen hours, or both.
(d) Any person who is guilty of a misdemeanor as described in this section and the abandoned motor vehicle, junked motor vehicle
or inoperative household appliance is greater than one hundred
pounds in weight or twenty-seven cubic feet in size, but less than
five hundred pounds in weight or two hundred sixteen cubic feet, is
subject to a fine of not less than five hundred dollars nor more
than two thousand dollars or, in the discretion of the court, may
be sentenced to perform community service by cleaning up litter
from any public highway, road, street, alley or any other public
park or public property or waters of the state, as designated by
the court, for not less than sixteen nor more than thirty-two
hours, or both.
(e) Any person who is guilty of a misdemeanor as described in
this section and the abandoned motor vehicle, junked motor vehicle
or inoperative household appliance is greater than five hundred
pounds in weight or two hundred sixteen cubic feet in size is
subject to a fine not less than twenty-five hundred dollars or not
more than twenty-five thousand dollars or confinement in a county
or regional jail for not more than one year, or both. In addition,
the violator may be guilty of creating or contributing to an open
dump as defined in section two, article fifteen, chapter twenty-two
of this code and subject to the enforcement provisions of section
fifteen of said article.
(f) Any person convicted of a second or subsequent violation of this section is subject to double the authorized range of fines
and community service for the subsection violated.
(g) The sentence of litter cleanup shall be verified by
conservation officers natural resources police officers from the
Division of Natural Resources or environmental inspectors from the
division Department of Environmental Protection. Any defendant
receiving the sentence of litter cleanup shall provide within a
time to be set by the court written acknowledgment from a
conservation officer natural resources police officer or
environmental inspector that the sentence has been completed and
the litter has been disposed of lawfully.
(h) Any person who has been found by the court to have
willfully failed to comply with the terms of a litter cleanup
sentence imposed by the court pursuant to this section is subject
to, at the discretion of the court, double the amount of the
original fines and community service penalties.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§|17A-3-23. Registration plates to state, county, municipal and
other governmental vehicles; use for undercover activities.
(a) Any motor vehicle designed to carry passengers, owned or leased by the State of West Virginia, or any of its departments,
bureaus, commissions or institutions, except vehicles used by the
Governor, Treasurer, three vehicles per elected office of the board
of Public Works, vehicles operated by the State Police, not to
exceed five vehicles operated by the office of the Secretary of
Military Affairs and Public Safety, not to exceed five vehicles
operated by the Division of Homeland Security and Emergency
Management, vehicles operated by
conservation officers natural
resources police officers of the Division of Natural Resources, not
to exceed ten vehicles operated by the arson investigators of the
office of State Fire Marshal, not to exceed two vehicles operated
by the Division of Protective Services, not to exceed sixteen
vehicles operated by inspectors of the office of the Alcohol
Beverage Control Commissioner and vehicles operated by probation
officers employed under the Supreme Court of Appeals may not be
operated or driven by any person unless it has displayed and
attached to the front thereof, in the same manner as regular motor
vehicle registration plates are attached, a plate of the same size
as the regular registration plate, with white lettering on a green
background bearing the words "West Virginia" in one line and the
words "State Car" in another line and the lettering for the words
"State Car" shall be of sufficient size to be plainly readable from
a distance of one hundred feet during daylight.
The vehicle shall also have attached to the rear a plate
bearing a number and any other words and figures as the
Commissioner of Motor Vehicles shall prescribe. The rear plate
shall also be green with the number in white.
(b) On registration plates issued to vehicles owned by
counties, the color shall be white on red with the word "County" on
top of the plate and the words "West Virginia" on the bottom. On
any registration plates issued to a city or municipality, the color
shall be white on blue with the word "City" on top and the words
"West Virginia" on the bottom:
Provided, That after the
thirty-first day of December, two thousand six, registration plates
issued to a city or municipality law-enforcement department shall
include blue lettering on a white background with the word "West
Virginia" on top of the plate and shall be further designed by the
commissioner to include a law-enforcement shield together with
other insignia or lettering sufficient to identify the motor
vehicle as a municipal law-enforcement department motor vehicle.
The colors may not be reversed and shall be of reflectorized
material. The registration plates issued to counties,
municipalities and other governmental agencies authorized to
receive colored plates hereunder shall be affixed to both the front
and rear of the vehicles. Every municipality shall provide the
commissioner with a list of law-enforcement vehicles operated by the law-enforcement department of the municipality, unless
otherwise provided in this section, and a fee of ten dollars for
each vehicle submitted by the first day of July, two thousand six.
(c) Registration plates issued to vehicles operated by county
sheriffs shall be designed by the commissioner in cooperation with
the sheriffs' association with the word "Sheriff" on top of the
plate and the words "West Virginia" on the bottom. The plate shall
contain a gold shield representing the sheriff's star and a number
assigned to that plate by the commissioner. Every county sheriff
shall provide the commissioner with a list of vehicles operated by
the sheriff, unless otherwise provided in this section, and a fee
of ten dollars for each vehicle submitted by the first day of July,
two thousand two.
(d) The commissioner is authorized to designate the colors and
design of any other registration plates that are issued without
charge to any other agency in accordance with the motor vehicle
laws.
(e) Upon application, the commissioner is authorized to issue
a maximum of five Class A license plates per applicant to be used
by county sheriffs and municipalities on law-enforcement vehicles
while engaged in undercover investigations.
(f) The commissioner is authorized to issue an unlimited
number of license plates per applicant to authorized drug and violent crime task forces in the State of West Virginia when the
chairperson of the control group of a drug and violent crime task
force signs a written affidavit stating that the vehicle or
vehicles for which the plates are being requested will be used only
for official undercover work conducted by a drug and violent crime
task force.
(g) The commissioner is authorized to issue twenty Class A
license plates to the Criminal Investigation Division of the
Department of Revenue for use by its investigators.
(h) The commissioner may issue a maximum of ten Class A
license plates to the Division of Natural Resources for use by
conservation officers
natural resources police officers. The
commissioner shall designate the color and design of the
registration plates to be displayed on the front and the rear of
all other state-owned vehicles owned by the Division of Natural
Resources and operated by
conservation officers
natural resources
police officers.
(i) The commissioner is authorized to issue an unlimited
number of Class A license plates to the Commission on Special
Investigations for state-owned vehicles used for official
undercover work conducted by the Commission on Special
Investigations. The commissioner is authorized to issue a maximum
of two Class A plates to the Division of Protective Services for state-owned vehicles used by the Division of Protective Services in
fulfilling its mission.
(j) No other registration plate may be issued for, or attached
to, any state-owned vehicle.
(k) The Commissioner of Motor Vehicles shall have a sufficient
number of both front and rear plates produced to attach to all
state-owned cars. The numbered registration plates for the
vehicles shall start with the number "five hundred" and the
commissioner shall issue consecutive numbers for all state-owned
cars.
(l) It is the duty of each office, department, bureau,
commission or institution furnished any vehicle to have plates as
described herein affixed thereto prior to the operation of the
vehicle by any official or employee.
(m) The commissioner may issue special registration plates for
motor vehicles titled in the name of the Division of Public Transit
or in the name of a public transit authority as defined in this
subsection and operated by a public transit authority or a public
transit provider to transport persons in the public interest. For
purposes of this subsection, "public transit authority" means an
urban mass transportation authority created pursuant to the
provisions of article twenty-seven, chapter eight of this code or
a nonprofit entity exempt from federal and state income taxes under the Internal Revenue Code and whose purpose is to provide mass
transportation to the public at large. The special registration
plate shall be designed by the commissioner and shall display the
words "public transit" or words or letters of similar effect to
indicate the public purpose of the use of the vehicle. The special
registration plate shall be issued without charge.
(n) Any person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than fifty dollars nor more than one hundred
dollars. Magistrates have concurrent jurisdiction with circuit
courts for the enforcement of this section.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 4. ACCIDENTS.
§17C-4-16. Accidents involving state and municipal property;
reports to be provided.
Whenever a report of a motor vehicle accident prepared by a
member of the West Virginia State Police,
conservation officer
natural resources police officer of the Division of Natural
Resources, a member of a county sheriff's department or a municipal
police officer, in the regular course of their duties, indicates
that as a result of
such the accident damage has occurred to any
bridge, sign, guardrail or other property, exclusive of licensed
motor vehicles, a copy of
such the report shall, in the case of
such property belonging to the Division of Highways, be provided to
the Commissioner of the Division of Highways, and, in the case of
such property belonging to a municipality, be provided to the mayor
of that municipality. The copies of
such the reports shall be
provided to the commissioner or mayor, as applicable, without cost
to them.
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-4. Implied consent to test; administration at direction of
law-enforcement officer; designation of type of test;
definition of law-enforcement officer.
(a) Any person who drives a motor vehicle in this state is
deemed to have given his or her consent by the operation of the
motor vehicle to a preliminary breath analysis and a secondary
chemical test of either his or her blood, breath or urine for the
purposes of determining the alcoholic content of his or her blood.
(b) A preliminary breath analysis may be administered in
accordance with the provisions of section five of this article
whenever a law-enforcement officer has reasonable cause to believe
a person has committed an offense prohibited by section two of this
article or by an ordinance of a municipality of this state which
has the same elements as an offense described in section two of
this article.
(c) A secondary test of blood, breath or urine is incidental to a lawful arrest and is to be administered at the direction of
the arresting law-enforcement officer having reasonable grounds to
believe the person has committed an offense prohibited by section
two of this article or by an ordinance of a municipality of this
state which has the same elements as an offense described in
section two of this article.
(d) The law-enforcement agency that employs the
law-enforcement officer shall designate which type of secondary
test is to be administered:
Provided, That if the test designated
is a blood test and the person arrested refuses to submit to the
blood test, then the law-enforcement officer making the arrest
shall designate either a breath or urine test to be administered.
Notwithstanding the provisions of section seven of this article,
the refusal to submit to a blood test only may not result in the
revocation of the arrested person's license to operate a motor
vehicle in this state.
(e) Any person to whom a preliminary breath test is
administered who is then arrested shall be given a written
statement advising him or her that his or her refusal to submit to
the secondary chemical test pursuant to subsection (d) of this
section, will result in the revocation of his or her license to
operate a motor vehicle in this state for a period of at least one
year and up to life.
(f) Any law-enforcement officer who has been properly trained
in the administration of any secondary chemical test authorized by
this article, including, but not limited to, certification by the
Division of Health in the operation of any equipment required for
the collection and analysis of a breath sample, may conduct the
test at any location in the county wherein the arrest is made:
Provided, That the law-enforcement officer may conduct the test at
the nearest available properly functioning secondary chemical
testing device located outside the county in which the arrest was
made, if (i) there is no properly functioning secondary chemical
testing device located within the county the arrest was made or
(ii) there is no magistrate available within the county the arrest
was made for the arraignment of the person arrested. A
law-enforcement officer who is directing that a secondary chemical
test be conducted has the authority to transport the person
arrested to where the secondary chemical testing device is located.
(g) If the arresting officer lacks proper training in the
administration of a secondary chemical test, then any other
law-enforcement officer who has received training in the
administration of the secondary chemical test to be administered
may, upon the request of the arresting law-enforcement officer and
in his or her presence, conduct the secondary test. The results of
a test conducted pursuant to this subsection may be used in evidence to the same extent and in the same manner as if the test
had been conducted by the arresting law-enforcement officer.
(h) Only the person actually administering or conducting a
test conducted pursuant to this article is competent to testify as
to the results and the veracity of the test.
(i) For the purpose of this article, the term "law-enforcement
officer" or "police officer" means: (1) Any member of the West
Virginia State Police; (2) any sheriff and any deputy sheriff of
any county; (3) any member of a police department in any
municipality as defined in section two, article one, chapter eight
of this code; (4) any
conservation officer natural resources police
officer of the Division of Natural Resources; and (5) any special
police officer appointed by the Governor pursuant to the provisions
of section forty-one, article three, chapter sixty-one of this code
who has completed the course of instruction at a law-enforcement
training academy as provided for under the provisions of section
nine, article twenty-nine, chapter thirty of this code.
(j) A law-enforcement officer who has reasonable cause to
believe that person has committed an offense prohibited by section
eighteen, article seven, chapter twenty of this code, relating to
the operation of a motorboat, jet ski or other motorized vessel,
shall follow the provisions of this section in administering, or
causing to be administered, a preliminary breath analysis and the secondary chemical test of the accused person's blood, breath or
urine for the purpose of determining alcohol content of his or her
blood.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-7. Tuition and fee waivers for children and spouses of
officers, firefighters, National Guard personnel, reserve
personnel and active military duty personnel killed in the
line of duty.
(a) Each state institution of higher education shall waive
tuition and fees for any person who is the child or spouse of an
individual who:
(1) Was employed or serving as:
(A) A law-enforcement officer as defined in section one,
article twenty-nine, chapter thirty of this code;
(B) A correctional officer at a state penal institution;
(C) A parole officer;
(D) A probation officer;
(E) A
conservation officer natural resources police officer;
or
(F) A registered firefighter; and
(2) Was killed in the line of duty while:
(A) Employed by the state or any political subdivision of the
state; or
(B) A member of a volunteer fire department serving a
political subdivision of this state.
(b) Each state institution of higher education shall waive
tuition and fees for any person who is the child or spouse of:
(1) A National Guard member or a member of a reserve component
of the armed forces of the United States who is a resident of this
state and is killed in the line of duty. The member is considered
to have been killed in the line of duty if death resulted from
performing a duty required by his or her orders or commander while
in an official duty status, other than on federal active duty,
authorized under federal or state law; or
(2) A person on federal or state active military duty who is
a resident of this state and is killed in the line of duty. The
person is considered to have been killed in the line of duty if
death resulted from performance of a duty required by his or her
orders or commander while in an official duty status.
(c) Any waiver granted pursuant to this section is subject to
the following:
(1) The recipient may attend any undergraduate course if
classroom space is available;
(2) The recipient has applied and been admitted to the institution;
(3) The recipient has applied for and submitted the Free
Application for Federal Student Aid;
(4) The recipient has exhausted all other sources of student
financial assistance dedicated solely to tuition and fees that
exceed other grant assistance that are available to him or her,
excluding student loans;
(5) Waiver renewal is contingent upon the recipient continuing
to meet the academic progress standards established by the
institution.
(d) The state institution of higher education may require the
person to pay:
(1) Special fees, including any laboratory fees, if the fees
are required of all other students taking a single course or that
particular course; and
(2) Parking fees.
(e) The governing boards may promulgate rules:
(1) For determining the availability of classroom space;
(2) As each considers necessary to implement this section; and
(3) Regarding requirements for attendance, which may not
exceed the requirements for other students.
(f) The governing boards may extend to persons attending
courses and classes under this section any rights, privileges or benefits extended to other students which it considers appropriate.
CHAPTER 19. AGRICULTURE.
ARTICLE 20A. VACCINATION OF DOGS AND CATS FOR RABIES.
§19-20A-7. Enforcement of article.
The enforcement of the provisions of this article shall be in
the hands of the sheriff of each county, any of his deputies,
constables,
conservation commission officers, commonly known as
game wardens natural resources police officers, and, if deemed
necessary, there shall be a special officer to be appointed by the
county commission, who is authorized, empowered, and directed to
inspect rabies, pick up dogs and cats and dispose of dogs which are
not taxable or not vaccinated according to this article. The
sheriff of each county can have one or more sittings, if deemed
necessary, in each district of the county, at which he shall be
present or have present one of his deputies or the special officer
above provided for, to take charge of all delinquent dogs and cats
and homeless dogs and cats that are not vaccinated. The assessor
of each county, or one of his deputies, shall accompany the
veterinarian, doctor, or the one who administers the vaccine in
these sittings for the purpose of collecting taxes on dogs. All
dogs which are not vaccinated and for which taxes are unpaid shall
become the responsibility of the sheriff to catch and dispose of as
is provided by law.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
20-1-13.
Law enforcement and legal services.
The director shall select and designate a competent and
qualified person to be
department law-enforcement officer the chief
natural resources police officer, who shall have the title of
chief
conservation officer colonel and
who shall be responsible for the
prompt, orderly and effective enforcement of all of the provisions
of this chapter. Under the supervision of the director and subject
to personnel qualifications and requirements otherwise prescribed
in this chapter, the
chief conservation officer chief natural
resources police officer shall be responsible for the selection,
training, assignment, distribution and discipline of
conservation
officers natural resources police officers and the effective
discharge of their duties in carrying out the law-enforcement
policies, practices and programs of the
department division in
compliance with the provisions of article seven of this chapter and
other controlling laws. Except as otherwise provided in this
chapter,
he or she and his or her conservation officers natural
resources police officers are hereby authorized to enter into and
upon private lands and waters to investigate complaints and reports
of conditions, conduct, practices and activities considered to be
adverse to and violative of the provisions of this chapter and to execute writs and warrants and make arrests thereupon.
The attorney general and his or her assistants and the
prosecuting attorneys of the several counties shall render to the
director, without additional compensation,
such the legal services
as the director may require of them in the discharge of his or her
duties and the execution of his or her powers under and his or her
enforcement of the provisions of this chapter. The director, in an
emergency and with prior approval of the attorney general, may
employ an attorney to act in proceedings wherein criminal charges
are brought against personnel of the department because of action
in line of duty. For
such the attorney services, a reasonable sum,
not exceeding two thousand five hundred dollars, may be expended by
the director in any one case.
The director, if he or she deems the action necessary, may
request the attorney general to appoint an assistant attorney
general, who shall perform, under the supervision and direction of
the attorney general, the duties as may be required of him or her
by the director. The attorney general, in pursuance of the
request, may select and appoint an assistant attorney general to
serve at the will and pleasure of the attorney general, and the
assistant shall receive a salary to be paid out of any funds made
available for that purpose by the Legislature to the department.
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5. Unlawful methods of hunting and fishing and other
unlawful acts.
Except as authorized by the director, it is unlawful at any
time for any person to:
(1) Shoot at or to shoot any wild bird or animal unless it is
plainly visible to him or her;
(2) Dig out, cut out or smoke out, or in any manner take or
attempt to take, any live wild animal or wild bird out of its den
or place of refuge except as may be authorized by rules promulgated
by the director or by law;
(3) Make use of, or take advantage of, any artificial light in
hunting, locating, attracting, taking, trapping or killing any wild
bird or wild animal, or to attempt to do so, while having in his or
her possession or subject to his or her control, or for any person
accompanying him or her to have in his or her possession or subject
to his or her control, any firearm, whether cased or uncased, bow,
arrow, or both, or other implement or device suitable for taking,
killing or trapping a wild bird or animal:
Provided, That it is
lawful to hunt or take raccoon, opossum or skunk by the use of
artificial light subject to the restrictions set forth in this
subdivision:
Provided, however, That it is lawful to hunt or take
coyotes by the use of amber- or red-colored artificial light
subject to the restrictions set forth in this subdivision. No person is guilty of a violation of this subdivision merely because
he or she looks for, looks at, attracts or makes motionless a wild
bird or wild animal with or by the use of an artificial light,
unless at the time he or she has in his or her possession a
firearm, whether cased or uncased, bow, arrow, or both, or other
implement or device suitable for taking, killing or trapping a wild
bird or wild animal, or unless the artificial light (other than the
head lamps of an automobile or other land conveyance) is attached
to, a part of or used from within or upon an automobile or other
land conveyance.
Any person violating the provisions of this subdivision is
guilty of a misdemeanor and, upon conviction thereof, shall for
each offense be fined not less than one hundred dollars nor more
than five hundred dollars and shall be imprisoned in jail for not
less than ten days nor more than one hundred days;
(4) Hunt for, take, kill, wound or shoot at wild animals or
wild birds from an airplane, or other airborne conveyance, an
automobile, or other land conveyance, or from a motor-driven water
conveyance, except as authorized by rules promulgated by the
director;
(5) Take any beaver or muskrat by any means other than by
trap;
(6) Catch, capture, take or kill by seine, net, bait, trap or snare or like device of any kind any wild turkey, ruffed grouse,
pheasant or quail;
(7) Destroy or attempt to destroy needlessly or willfully the
nest or eggs of any wild bird or have in his or her possession the
nest or eggs unless authorized to do so under rules promulgated by
or under a permit issued by the director;
(8) Except as provided in section six of this article, carry
an uncased or loaded gun in any of the woods of this state except
during the open firearms hunting season for wild animals and
nonmigratory wild birds within any county of the state unless he or
she has in his or her possession a permit in writing issued to him
or her by the director:
Provided, That this section shall not
prohibit hunting or taking of unprotected species of wild animals
and wild birds and migratory wild birds, during the open season, in
the open fields, open water and open marshes of the state;
(9) Have in his or her possession a crossbow with a nocked
bolt, a loaded firearm or a firearm from the magazine of which all
shells and cartridges have not been removed, in or on any vehicle
or conveyance, or its attachments, within the state, except as may
otherwise be provided by law or regulation. Except as hereinafter
provided, between five o'clock postmeridian of one day and seven
o'clock antemeridian, eastern standard time of the day following,
any unloaded firearm or crossbow, being lawfully carried in accordance with the foregoing provisions, shall be so carried only
when in a case or taken apart and securely wrapped. During the
period from the first day of July to the thirtieth day of
September, inclusive, of each year, the foregoing requirements
relative to carrying certain unloaded firearms are permissible only
from eight-thirty o'clock postmeridian to five o'clock
antemeridian, eastern standard time:
Provided, That the time
periods for carrying unloaded and uncased firearms are extended for
one hour after the postmeridian times and one hour before the
antemeridian times established above if a hunter is preparing to or
in the process of transporting or transferring the firearms to or
from a hunting site, campsite, home or other place of abode;
(10) Hunt, catch, take, kill, trap, injure or pursue with
firearms or other implement by which wildlife may be taken after
the hour of five o'clock antemeridian on Sunday on private land
without the written consent of the landowner any wild animals or
wild birds except when a big game season opens on a Monday, the
Sunday prior to that opening day will be closed for any taking of
wild animals or birds after five o'clock antemeridian on that
Sunday:
Provided, That traps previously and legally set may be
tended after the hour of five o'clock antemeridian on Sunday and
the person so doing may carry only a twenty-two caliber firearm for
the purpose of humanely dispatching trapped animals. Any person violating the provisions of this subdivision is guilty of a
misdemeanor and, upon conviction thereof, in addition to any fines
that may be imposed by this or other sections of this code, shall
be subject to a one hundred dollar fine;
(11) Hunt with firearms or long bow while under the influence
of intoxicating liquor;
(12) Hunt, catch, take, kill, injure or pursue a wild animal
or bird with the use of a ferret;
(13) Buy raw furs, pelts or skins of fur-bearing animals
unless licensed to do so;
(14) Catch, take, kill or attempt to catch, take or kill any
fish at any time by any means other than by rod, line and hooks
with natural or artificial lures unless otherwise authorized by law
or rules issued by the Director:
Provided, That snaring of any
species of suckers, carp, fallfish and creek chubs shall at all
times be lawful;
(15) Employ or hire, or induce or persuade, by the use of
money or other things of value, or by any means, any person to
hunt, take, catch or kill any wild animal or wild bird except those
species on which there is no closed season, or to fish for, catch,
take or kill any fish, amphibian or aquatic life which is protected
by the provisions of this chapter or rules of the director or the
sale of which is prohibited;
(16) Hunt, catch, take, kill, capture, pursue, transport,
possess or use any migratory game or nongame birds included in the
terms of conventions between the United States and Great Britain
and between the United States and United Mexican States for the
protection of migratory birds and wild mammals concluded,
respectively, the sixteenth day of August, one thousand nine
hundred sixteen, and the seventh day of February, one thousand nine
hundred thirty-six, except during the time and in the manner and
numbers prescribed by the federal Migratory Bird Treaty Act, 16
U.S.C. §703,
et seq., and regulations made thereunder;
(17) Kill, take, catch or have in his or her possession,
living or dead, any wild bird other than a game bird; or expose for
sale or transport within or without the state any bird except as
aforesaid. No part of the plumage, skin or body of any protected
bird shall be sold or had in possession for sale except mounted or
stuffed plumage, skin, bodies or heads of the birds legally taken
and stuffed or mounted, irrespective of whether the bird was
captured within or without this state, except the English or
European sparrow (passer domesticus), starling (sturnus vulgaris)
and cowbird (molothrus ater), which may not be protected and the
killing thereof at any time is lawful;
(18) Use dynamite or any like explosive or poisonous mixture
placed in any waters of the state for the purpose of killing or taking fish. Any person violating the provisions of this
subdivision is guilty of a felony and, upon conviction thereof,
shall be fined not more than five hundred dollars or imprisoned for
not less than six months nor more than three years, or both fined
and imprisoned;
(19) Have a bow and gun, or have a gun and any arrow or
arrows, in the fields or woods at the same time;
(20) Have a crossbow in the woods or fields or use a crossbow
to hunt for, take or attempt to take any wildlife, unless the
person possesses a Class Y permit;
(21) Take or attempt to take turkey, bear, elk or deer with
any arrow unless the arrow is equipped with a point having at least
two sharp cutting edges measuring in excess of three fourths of an
inch wide;
(22) Take or attempt to take any wildlife with an arrow having
an explosive head or shaft, a poisoned arrow or an arrow which
would affect wildlife by any chemical action;
(23) Shoot an arrow across any public highway or from
aircraft, motor-driven watercraft, motor vehicle or other land
conveyance;
(24) Permit any dog owned by him or her or under his or her
control to chase, pursue or follow upon the track of any wild
animal or wild bird, either day or night, between the first day of May and the fifteenth day of August next following:
Provided, That
dogs may be trained on wild animals and wild birds, except deer and
wild turkeys, and field trials may be held or conducted on the
grounds or lands of the owner or by his or her bona fide tenant or
tenants or upon the grounds or lands of another person with his or
her written permission or on public lands at any time:
Provided,
however, That nonresidents may not train dogs in this state at any
time except during the legal small game hunting season:
Provided,
further, That the person training said dogs does not have firearms
or other implements in his or her possession during the closed
season on wild animals and wild birds, whereby wild animals or wild
birds could be taken or killed;
(25) Conduct or participate in a field trial,
shoot-to-retrieve field trial, water race or wild hunt hereafter
referred to as trial:
Provided, That any person, group of persons,
club or organization may hold the trial at any time of the year
upon obtaining a permit as is provided in section fifty-six of this
article. The person responsible for obtaining the permit shall
prepare and keep an accurate record of the names and addresses of
all persons participating in said trial and make same readily
available for inspection by any
conservation officer natural
resources police officer upon request;
(26) Except as provided in section four of this article, hunt, catch, take, kill or attempt to hunt, catch, take or kill any wild
animal, wild bird or wild fowl except during the open season
established by rule of the director as authorized by subdivision
(6), section seven, article one of this chapter;
(27) Hunting on public lands on Sunday after five o'clock
antemeridian is prohibited; and
(28) Hunt, catch, take, kill, trap, injure or pursue with
firearms or other implement which wildlife can be taken, on private
lands on Sunday after the hour of five o'clock antemeridian:
Provided, That the provisions of this subdivision do not apply in
any county until the county commission of the county holds an
election on the question of whether the provisions of this
subdivision prohibiting hunting on Sunday shall apply within the
county and the voters approve the allowance of hunting on Sunday in
the county. The election is determined by a vote of the resident
voters of the county in which the hunting on Sunday is proposed to
be authorized. The county commission of the county in which Sunday
hunting is proposed shall give notice to the public of the election
by publication of the notice as a Class II-0 legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code and the publication area for the publication shall be
the county in which the election is to be held. The date of the
last publication of the notice shall fall on a date within the period of the fourteen consecutive days next preceding the
election.
On the local option election ballot shall be printed the
following:
Shall hunting on Sunday be authorized in ________ County?
[ ] Yes[ ] No
(Place a cross mark in the square opposite your choice.)
Any local option election to approve or disapprove of the
proposed authorization of Sunday hunting within a county shall be
in accordance with procedures adopted by the commission. The local
option election may be held in conjunction with a primary or
general election or at a special election. Approval shall be by a
majority of the voters casting votes on the question of approval or
disapproval of Sunday hunting at the election.
If a majority votes against allowing Sunday hunting, no
election on the issue may be held for a period of one hundred four
weeks. If a majority votes "yes", no election reconsidering the
action may be held for a period of five years. A local option
election may thereafter be held if a written petition of qualified
voters residing within the county equal to at least five percent of
the number of persons who were registered to vote in the next
preceding general election is received by the county commission of
the county in which Sunday hunting is authorized. The petition may be in any number of counterparts. The election shall take place at
the next primary or general election scheduled more than ninety
days following receipt by the county commission of the petition
required by this subsection:
Provided, That the issue may not be
placed on the ballot until all statutory notice requirements have
been met. No local law or regulation providing any penalty,
disability, restriction, regulation or prohibition of Sunday
hunting may be enacted and the provisions of this article preempt
all regulations, rules, ordinances and laws of any county or
municipality in conflict with this subdivision.
(29) Hunt or conduct hunts for a fee where the hunter is not
physically present in the same location as the wildlife being
hunted within West Virginia.
§20-2-7. Hunting, trapping or fishing on lands of another; damages
and compensation.
(a) It is unlawful for any person to shoot, hunt, fish or trap
upon the fenced, enclosed or posted lands of another person; or to
peel trees or timber, build fires or do any other act in connection
with shooting, hunting, fishing or trapping on
such the lands
without written permission in his or her possession from the owner,
tenant or agent of the owner.
(b) Any person who hunts, traps or fishes on land without the
permission of the owner, tenant or agent of the owner is guilty of a misdemeanor and liable to the owner or person suffering damage
for all costs and damages for: (1) Killing or injuring any
domestic animal or fowl; (2) cutting, destroying or damaging any
bars, gates or fence or any part of the property; or (3) leaving
open any bars or gates resulting in damage to the property.
(c) The owner, tenant or agent of the owner may arrest a
person violating this section and immediately take him or her
before a magistrate. The owner, tenant or agent of the owner is
vested with the powers and rights of a
conservation officer natural
resources police officer for these purposes. The officers charged
with the enforcement of the provisions of this chapter shall
enforce the provisions of this section if requested to do so by the
owner, tenant or agent of the owner, but not otherwise.
(d) The provisions of subsections (b) and (c) of this section
related to criminal penalties and being subject to arrest are
inapplicable to a person whose dog, without the person's direction
or encouragement, travels onto the fenced, enclosed or posted land
of another in pursuit of an animal or wild bird:
Provided, That
the pursuit does not result in the taking of game from the fenced,
enclosed or posted land and does not result in the killing of
domestic animals or fowl or other damage to or on the fenced,
enclosed or posted land.
§20-2-15. Permit to kill deer or other wildlife causing damage to cultivated crops, trees, commercial nurseries, homeowners'
shrubbery and vegetable gardens; weapon restrictions.
(a) Whenever it shall be found that deer or other wildlife are
causing damage to cultivated crops, fruit trees, commercial
nurseries, homeowners' trees, shrubbery or vegetable gardens, the
owner or lessee of the lands on which
such damage is done may
report
such the finding to the
conservation officer natural
resources police officer or biologist of the county in which
such
the lands are located or to the director. The director shall then
investigate the reported damage and if found substantial, shall
issue a permit to the owner or lessee to kill one or more deer or
other wildlife in the manner prescribed by the director.
(b) In addition to the foregoing, the director shall establish
procedures for the issuance of permits or other authorization
necessary to control deer or other wildlife causing property
damage.
(c) All persons attempting to kill deer or other wildlife
pursuant to this section are subject to the same minimum caliber
restrictions and other firearm restrictions and the same minimum
bow poundage and other bow and arrow restrictions that apply when
hunting the same animal species during the regular hunting seasons.
§20-2-16. Dogs chasing deer.
No person shall permit his dog to hunt or chase deer. A
conservation officer natural resources police officer shall take
into possession any dog known to have hunted or chased deer and the
director shall advertise that
such the dog is in his
or her
possession, giving a description of the dog and stating the
circumstances under which it was taken.
Such The notice shall be
published as a Class I legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and
the publication area for
such the publication shall be the county.
He shall hold the dog for a period of ten days after the date of
the publication. If, within ten days, the owner does not claim the
dog, the director shall destroy it. In this event the cost of
keeping and advertising shall be paid by the director. If, within
ten days, the owner claims the dog, he may repossess it on the
payment of costs of advertising and the cost of keep, not exceeding
fifty cents per day. A
conservation officer natural resources
police officer, or any officer or employee of the director
authorized to enforce the provisions of this section, after a bona
fide but unsuccessful effort to capture dogs detected chasing or
pursuing deer, may kill
such the dogs.
§20-2-22. Tagging, removing, transporting and reporting bear,
bobcat, deer, wild boar and wild turkey.
(a) Each person killing a bear, bobcat, deer, wild boar or
wild turkey found in a wild state shall either attach a completed game tag to the animal or remain with the animal and have upon his
or her person a completed game tag before removing the carcass in
any manner from where it was killed.
(b) While transporting the carcass of a bear, bobcat, deer,
wild boar or wild turkey from where it was killed, each person
shall either attach a completed game tag to the animal or have upon
his or her person a completed game tag.
(c) Upon arriving at a residence, camp, hunting lodge, vehicle
or vessel each person shall attach a game tag to the killed bear,
bobcat, deer, wild boar or wild turkey. The game tag shall remain
on the carcass until it is retagged by a
conservation officer
natural resources police officer or an official checking station.
(d) If a person who does not possess a game tag kills a bear,
bobcat, deer, wild boar or wild turkey, he or she shall make a tag.
The tag shall bear the name, address and, if applicable, the
license number of the hunter and the time, date and county of
killing.
(e) The carcass of a wild turkey shall be delivered to a
conservation officer natural resources police officer or an
official checking station for checking and retagging before it is
either skinned or transported beyond the boundaries of the county
adjacent to that in which the kill was made.
(f) The fresh skin and head or carcass of the deer shall be delivered to a
conservation officer natural resources police
officer or an official checking station for checking and retagging
before it is transported beyond the boundaries of the county
adjacent to that in which the kill was made.
(g) A person who kills a bear shall treat the carcass and
remains in accordance with the provisions of section twenty-two-a
of this article.
(h) For each violation of this section a person is subject to
the penalties provided in this article.
§20-2-22a. Hunting, tagging and reporting bear; procedures
applicable to property destruction by bear; penalties.
(a) A person in any county of this state may not hunt,
capture, or kill any bear, or have in his or her possession any
bear or bear parts, except during the hunting season for bear and
in the manner designated by rules promulgated by the Division of
Natural Resources and as provided in this section. For the
purposes of this section, bear parts include, but are not limited
to, the pelt, gallbladder, skull and claws of bear.
(b) A person who kills a bear shall, within twenty-four hours
after the killing, deliver the bear or fresh skin to a
conservation
officer natural resources police officer or checking station for
tagging. A Division of Natural Resources tag shall be affixed to
it before any part of the bear may be transported more than seventy-five miles from the point of kill. The Division of Natural
Resources tag shall remain on the skin until it is tanned or
mounted. Any bear or bear parts not properly tagged shall be
forfeited to the state for disposal to a charitable institution,
school or as otherwise designated by the Division of Natural
Resources.
(c) It is unlawful:
(1) To hunt bear without a bear damage stamp as prescribed in
section forty-four-b of this article, in addition to a hunting
license as prescribed in this article;
(2) To hunt a bear with:
(A) A shotgun using ammunition loaded with more than one solid
ball;
(B) a rifle of less than twenty-five caliber using rimfire
ammunition; or,
(C) a crossbow;
(3) To kill or attempt to kill any bear through the use of
poison, explosives, snares, steel traps or deadfalls other than as
authorized in this section;
(4) To shoot at or kill:
(A) A bear weighing less than seventy-five pounds live weight
or fifty pounds field dressed weight, after removal of all internal
organs;
(B) Any bear accompanied by a cub; or,
(C) Any bear cub so accompanied, regardless of its weight;
(5) To possess any part of a bear not tagged in accordance
with the provisions of this section;
(6) To enter a state game refuge with firearms for the purpose
of pursuing or killing a bear except under the direct supervision
of division personnel;
(7) To hunt bear with dogs or to cause dogs to chase bear
during seasons other than those designated by the Division of
Natural Resources for the hunting of bear;
(8) To pursue a bear with a pack of dogs other than the pack
used at the beginning of the hunt once the bear is spotted and the
chase has begun;
(9) To possess, harvest, sell or purchase bear parts obtained
from bear killed in violation of this section;
(10) To organize for commercial purposes or to professionally
outfit a bear hunt or to give or receive any consideration
whatsoever or any donation in money, goods or services in
connection with a bear hunt notwithstanding the provisions of
sections twenty-three and twenty-four of this article; or
(11) For any person who is not a resident of this state to
hunt bear with dogs or to use dogs in any fashion for the purpose
of hunting bear in this state except in legally authorized hunts.
(d) The following provisions apply to bear destroying
property:
(1) (A) Any property owner or lessee who has suffered damage
to real or personal property, including loss occasioned by the
death or injury of livestock or the unborn issue of livestock,
caused by an act of a bear may complain to any
conservation officer
natural resources police officer of the Division of Natural
Resources for protection against the bear.
(B) Upon receipt of the complaint, the officer shall
immediately investigate the circumstances of the complaint. If the
officer is unable to personally investigate the complaint, he or
she shall designate a wildlife biologist to investigate on his or
her behalf.
(C) If the complaint is found to be justified, the officer or
designated person may, together with the owner and other residents,
proceed to hunt, destroy or capture the bear that caused the
property damage:
Provided, That only the
conservation officer
natural resources police officer or the wildlife biologist shall
determine whether to destroy or capture the bear and whether to use
dogs to capture or destroy the bear:
Provided, however, That, if
out-of-state dogs are used in the hunt, the owners of the dogs are
the only nonresidents permitted to participate in hunting the bear.
(2) (A) When a property owner has suffered damage to real or personal property as the result of an act by a bear, the owner
shall file a report with the Director of the Division of Natural
Resources. The report shall state whether or not the bear was
hunted and destroyed and, if so, the sex, weight and estimated age
of the bear. The report shall also include an appraisal of the
property damage occasioned by the bear duly signed by three
competent appraisers fixing the value of the property lost.
(B) The report shall be ruled upon and the alleged damages
examined by a commission comprised of the complaining property
owner, an officer of the division and a person to be jointly
selected by the officer and the complaining property owner.
(C) The division shall establish the procedures to be followed
in presenting and deciding claims under this section in accordance
with article three, chapter twenty-nine-a of this code.
(D) All claims shall be paid in the first instance from the
Bear Damage Fund provided in section forty-four-b of this article.
In the event the fund is insufficient to pay all claims determined
by the commission to be just and proper, the remainder due to
owners of lost or destroyed property shall be paid from the special
revenue account of the Division of Natural Resources.
(3) In all cases where the act of the bear complained of by
the property owner is the killing of livestock, the value to be
established is the fair market value of the livestock at the date of death. In cases where the livestock killed is pregnant, the
total value shall be the sum of the values of the mother and the
unborn issue, with the value of the unborn issue to be determined
on the basis of the fair market value of the issue had it been
born.
(e)
Criminal penalties. -- (1) Any person who commits a
violation of the provisions of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than $1,000 nor more than $5,000, which fine is not subject to
suspension by the court, confined in jail not less than thirty nor
more than one hundred days, or both fined and confined. Further,
the person's hunting and fishing licenses shall be suspended for
two years.
(2) Any person who commits a second violation of the
provisions of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $2,000 nor more
than $7,500, which fine is not subject to suspension by the court,
confined in jail not less than thirty days nor more than one year,
or both fined and confined. The person's hunting and fishing
licenses shall be suspended for life.
(3) Any person who commits a third or subsequent violation of
the provisions of this section is guilty of a felony and, upon
conviction thereof, shall be fined not less than $5,000 nor more than $10,000, which fine is not subject to suspension by the court,
imprisoned in a correctional facility not less than one year nor
more than five years, or both fined and imprisoned.
§20-2-56a. Bird dog training permit.
The director may issue a permit to train bird dogs on wild
birds or game birds, provided:
(1) The fee for the permit is ten dollars.
(2) The training shall be on private land containing a minimum
of five acres in a single tract. The permittee must own the land,
lease the land or have written permission of landowner for the
training.
(3) The birds permitted to be used for the training of dogs
are quail and pigeons. The quail must be purchased from a licensed
commercial game farm. Pigeons may be purchased from a licensed
commercial game farm or trapped within the state at any time as
long as the person conducting the trapping is legally licensed to
do so and also holds the appropriate permit. Each trap must be
identified by a waterproof tag attached to the trap that bears the
name, address and telephone number of the trapper.
(4) The permittee must retain the receipt for two years of all
birds purchased from a commercial game farm licensee.
(5) The location where the birds are held and all records
pertaining to the purchase and dates of training may be inspected by a
conservation officer natural resources police officer.
(6) No more than thirty birds may be held by the permittee at
any given time. All birds must have a uniquely numbered leg band
attached. The leg band must remain with the birds until consumption
or until the birds are legally disposed.
(7) Birds held under this permit shall be housed and cared for
in accordance with the requirements of applicable rules.
(8) The use of the birds held under this permit shall include
the release, recapture and/or the shooting of the birds in
conjunction with the training of bird dogs.
(9) The person holding birds in captivity under the authority
of this permit and the person training his or her bird dog must
possess a bird dog training permit.
(10) All other laws and rules governing hunting, trapping,
shooting and training apply.
(11) The director may propose rules for legislative approval
in accordance with article three, chapter twenty-nine-a of this
code, to further restrict bird dog training.
(12) Any person violating any provision of this law is subject
to the penalties prescribed in section nine, article seven, chapter
twenty of this code.
§20-2-57a. Negligent shooting, wounding or killing of another
person while hunting; duty to render aid; criminal violations; suspension of hunting and fishing license; criminal penalties;
administrative penalties.
(a) It is unlawful for any person, while engaged in the act of
hunting, pursuing, taking or killing wild animals or wild birds, to
carelessly or negligently shoot, wound or kill another person.
(b) Anyone who negligently shoots, wounds or injures another
person while hunting, not resulting in serious bodily injury or
death, is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not more than $1000 or confined in jail not more
than six months, or both fined and confined.
(c) Anyone who negligently shoots and injures another person
while hunting, resulting in serious bodily injury or death, is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $2500 or confined in jail for not more than one
year, or both fined and confined.
(d) For purposes of this section, serious bodily injury means
bodily injury which creates a substantial risk of death, which
causes serious or prolonged disfigurement, prolonged impairment of
health or prolonged loss or impairment of the function of any
bodily organ.
(e) (1) Any person who, while hunting, discharges a firearm or
arrow and knows or has reason to know that the discharge has caused
bodily harm to another person shall:
(A) Immediately investigate the extent of the person's
injuries; and
(B) Render immediate reasonable assistance to the injured
person.
(2) As used in this subsection, "reasonable assistance" means
aid appropriate to the circumstances, including by not limited to
obtaining or attempting to obtain assistance from a
conservation or
natural resources police officer, law enforcement officer, 911
dispatchers, emergency medical providers and medical personnel.
(f) Any person who fails to render aid and assistance to an
injured person as required by subsection (e), to an injured party
who has not sustained a serious bodily injury is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than $2,500 and confined in jail for not more than one year, or
both fined and confined.
(g) Any person who fails to render aid as required by
subsection (e) to an injured party who has sustained a serious
bodily injury or dies as a result of their injuries is guilty of a
felony and, upon conviction thereof, shall be fined not more than
$5,000 or imprisoned in a correctional facility for not less than
one year nor more than five years, or both fined and imprisoned.
(h) Any person found guilty of committing a misdemeanor under
this section shall have their hunting and fishing licenses suspended for a period of five years from the date of conviction or
the date of release from confinement, whichever is later.
(i) Any person found guilty of committing a felony offense
under this section shall have their hunting and fishing licenses
suspended for a period of ten years from the date of conviction or
the date of release from incarceration, whichever is later.
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
Part I. Law Enforcement, Procedures and Penalties.
§20-7-1. Chief natural resources police officer; natural resources
police officers; special and emergency natural resources
police officers; subsistence allowance; expenses.
(a) The division's law-enforcement policies, practices and
programs shall be under the immediate supervision and direction of
the division law-enforcement officer selected by the director and
designated as chief
conservation officer natural resources police
officer as provided in section thirteen, article one of this
chapter.
(b) Under the supervision of the director, the chief
conservation officer natural resources police officer shall
organize, develop and maintain law-enforcement practices, means and
methods geared, timed and adjustable to seasonal, emergency and
other needs and requirements of the division's comprehensive
natural resources program. All division personnel detailed and assigned to law-enforcement duties and services under this section
shall be known and designated as
conservation officers natural
resources police officers and shall be under the immediate
supervision and direction of the chief
conservation officer natural
resources police officer. All
conservation officers natural
resources police officers shall be trained, equipped and
conditioned for duty and services wherever and whenever required by
division law-enforcement needs.
(c) The chief
conservation officer natural resources police
officer, acting under supervision of the director, is authorized to
select and appoint emergency
conservation officers natural
resources police officers for a limited period of time for
effective enforcement of the provisions of this chapter when
considered necessary because of emergency or other unusual
circumstances. The emergency
conservation officers natural
resources police officers shall be selected from qualified civil
service personnel of the division, except in emergency situations
and circumstances when the director may designate officers, without
regard to civil service requirements and qualifications, to meet
law-enforcement needs. Emergency
conservation officers natural
resources police officers shall exercise all powers and duties
prescribed in section four of this article for full-time salaried
conservation officers natural resources police officers except the provisions of subdivision (8) of said section.
(d) The chief
conservation officer natural resources police
officer, acting under supervision of the director, is also
authorized to select and appoint as special
conservation officers
natural resources police officers any full-time civil service
employee who is assigned to, and has direct responsibility for
management of, an area owned, leased or under the control of the
division and who has satisfactorily completed a course of training
established and administered by the chief
conservation officer
natural resources police officer, when
such the action is
considered necessary because of law-enforcement needs. The powers
and duties of a special
conservation officer natural resources
police officer, appointed under this provision, is the same within
his or her assigned area as prescribed for full-time salaried
conservation officers natural resources police officers. The
jurisdiction of the person appointed as a special
conservation
officer natural resources police officer, under this provision,
shall be limited to the division area or areas to which he or she
is assigned and directly manages.
(e) The chief
conservation officer natural resources police
officer, acting under supervision of the director, is also
authorized to appoint as special
conservation officers natural
resources police officers any full-time civil service forest fire control personnel who have satisfactorily completed a course of
training established and administered by the chief
conservation
officer natural resources police officer. The jurisdiction of
forest fire control personnel appointed as special
conservation
officers natural resources police officers is limited to the
enforcement of the provisions of article three of this chapter.
(f) The chief
conservation officer natural resources police
officer, with the approval of the director, has the power and
authority to revoke any appointment of an emergency
conservation
officer natural resources police officer or of a special
conservation officer natural resources police officer at any time.
(g) Conservation officers natural resources police officers
are subject to seasonal or other assignment and detail to duty
whenever and wherever required by the functions, services and needs
of the division.
(h) The chief
conservation officer natural resources police
officer shall designate the area of primary residence of each
conservation officer natural resources police officer, including
himself or herself. Since the area of business activity of the
division is actually anywhere within the territorial confines of
the State of West Virginia, actual expenses incurred shall be paid
whenever the duties are performed outside the area of primary
assignment and still within the state.
(i) Conservation officers Natural resources police officers
shall receive, in addition to their base pay salary, a minimum
monthly subsistence allowance for their required telephone service,
dry cleaning or required uniforms, and meal expenses while
performing their regular duties in their area of primary assignment
in the amount of $130 each month. This subsistence allowance does
not apply to special or emergency
conservation officers natural
resources police officers appointed under this section.
(j) After June 30, 2010, all those full time law-enforcement
officers employed by the Division of Natural Resources as
conservation officers shall be titled and known as natural
resources police officers. Wherever in this code the term
"conservation officer," or its plural, it means "natural resources
police officer," or its plural, respectively.
§20-7-1a.
Natural resources police officer salary increase based
on length of service.
(a) Effective the first day of July, two thousand two, each
conservation officer natural resources police officer shall receive
and be entitled to an increase in salary based on length of
service, including that heretofore and hereafter served as a
conservation officer natural resources police officer as follows:
For five years of service with the division, a
conservation officer
natural resources police officer shall receive a salary increase of six hundred dollars per year payable during his or her next three
years of service and a like increase at three-year intervals
thereafter, with these increases to be cumulative. A salary
increase shall be based upon years of service as of the first day
of July of each year and may not be recalculated until the first
day of July of the following year.
Conservation officers in service at the time the amendment to
this section becomes effective shall be given credit for prior
service and shall be paid
such salaries as the same length of
service will entitle them to receive under the provisions hereof.
(b) This section does not apply to special or emergency
conservation officers natural resources police officers appointed
under the authority of section one of this article.
§20-7-1b. Designation of certain federal law-enforcement officers
as special natural resources police officers.
The Legislature finds that it is in the mutual interest of the
department and certain land management agencies of the United
States to cooperate in the enforcement of state statutes and
regulations within and adjacent to units of the National Park
System, National Forests and U.S. Army Corps of Engineers projects
located within the state of West Virginia.
Accordingly, the director of the department of natural
resources may enter into a written agreement with a federal agency providing for the appointment of employees of the federal agency as
special
conservation officers natural resources police officers and
setting forth the terms and conditions within which
such the
federal employees may exercise the powers and duties of special
conservation officers natural resources police officers. The terms
and conditions in the agreement shall grant a special
conservation
officer natural resources police officer appointed pursuant to the
agreement the same powers and duties as prescribed for a full-time
salaried
conservation officer natural resources police officer of
the department, but shall limit a special
conservation officer
natural resources police officer in the exercise of his or her
powers and duties to areas within the boundaries of the federal
units to which
such the officer is assigned in his or her federal
employment and to situations outside the boundaries of
such the
federal units where
such the exercise is for the mutual aid of
conservation officers natural resources police officers as set
forth in the agreement.
Any federal employee whose duties involve the enforcement of
the criminal laws of the United States and who possesses a valid
law-enforcement certification issued by a federal land management
agency which certifies the meeting of requirements at least
equivalent to the law-enforcement officer training requirements
promulgated pursuant to article twenty-nine, chapter thirty of this code, may be certified under the provisions of said article twenty-
nine and appointed as a special
conservation officer natural
resources police officer under the provisions of this section. Any
special
conservation officer natural resources police officer so
appointed may not receive compensation or benefits from the state
or any political subdivisions thereof for the performance of his or
her duties as a special
conservation officer natural resources
police officer.
§20-7-1c. Natural resources police officer, ranks, salary
schedule, base pay, exceptions.
(a) Notwithstanding any provision of this code to the
contrary, the ranks within the law-enforcement section of the
division of natural resources are colonel, lieutenant colonel,
major, captain, lieutenant, sergeant, corporal,
conservation
officer natural resources police officer first class, senior
conservation officer, conservation officer natural resources police
officer, natural resources police officer and
conservation
officer-in-training natural resources police officer-in-training.
Each officer while in uniform shall wear the insignia of rank as
provided by the chief
conservation officer natural resources police
officer.
(b) Beginning on the first day of July, two thousand two, and
continuing thereafter,
conservation officers natural resources police officers shall be paid the minimum annual salaries based on
the following schedule:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Conservation Officer-In-Training Natural Resources
Police Officer In Training (first year until end
of probation)$26,337
Conservation Officer Natural Resources Police Officer
(second year)$29,768
Conservation Officer Natural Resources Police
Officer (third year)$30,140
Senior
Conservation Officer Natural Resources
Police Officer (fourth and fifth year)$30,440
Senior
Conservation Officer Natural Resources
Police Officer First Class (after fifth year)$32,528
Senior
Conservation Officer Natural Resources
Police Officer (after tenth year)$33,104
Senior
Conservation Officer Natural Resources
Police Officer (after fifteenth year)$33,528
Corporal (after sixteenth year)$36,704
Sergeant$40,880
First Sergeant$42,968
Lieutenant$47,144
Captain$49,232
Major$51,320
Lieutenant Colonel$53,408
Colonel
Conservation officers Natural resources police officers in
service at the time the amendment to this section becomes effective
shall be given credit for prior service and shall be paid salaries
as the same length of service will entitle them to receive under
the provisions of this section.
(c) This section does not apply to special or emergency
conservation officers natural resources police officers appointed
under the authority of section one of this article.
(d) Nothing in this section prohibits other pay increases as
provided for under section two, article five, chapter five of this
code:
Provided, That any across-the-board pay increase granted by
the Legislature or the governor will be added to, and reflected in,
the minimum salaries set forth in this section; and that any merit
increases granted to an officer over and above the annual salary
schedule listed in subsection (b) of this section are retained by
an officer when he or she advances from one rank to another.
§20-7-1d. Awarding service revolver upon retirement; disposal of
service weapon when replaced due to routine wear; and
furnishing uniform for burial.
(a) Upon the retirement of any full-time salaried
conservation
officer natural resources police officer, the chief
conservation
officer natural resources police officer shall award to the
retiring
conservation officer natural resources police officer his
or her service revolver, without charge, upon determining:
(1) That the
conservation officer natural resources police
officer is retiring honorably with at least twenty-five years of
recognized law-enforcement service as determined by the chief
conservation officer natural resources police officer; or
(2) That
such conservation officer the natural resources
police officer is retiring with less than twenty-five years of
service based upon a determination that he or she is totally
physically disabled as a result of service with the division.
(b) Notwithstanding the provisions of subsection (a) of this
section, the chief
conservation officer natural resources police
officer shall not award a service revolver to any
conservation
officer natural resources police officer who has been declared
mentally incompetent by a licensed physician or any court of law,
or who, in the opinion of the chief
conservation officer natural
resources police officer, constitutes a danger to any person or the
community.
(c) The disposal of law-enforcement service weapons, when
replaced due to routine wear, shall not fall under the jurisdiction of the agency for surplus property, within the Purchasing Division
of the Department of Administration. The chief
conservation
officer natural resources police officer may offer these surplus
weapons for sale to any active or retired Division of Natural
Resources law-enforcement officer, at fair market value, with the
proceeds from any sales used to offset the cost of the new weapons.
(d) Upon the death of any current or honorably retired
conservation officer natural resources police officer, the chief
conservation officer natural resources police officer shall, upon
request of the deceased officer's family, furnish a full uniform
for burial of the deceased officer.
§20-7-1e. Natural resources police officer performing duties for
private persons; penalty; providing extraordinary law
enforcement or security services by contract.
(a) Any
conservation officer natural resources police officer
who hires himself or herself to any person, firm or corporation to
guard private property, or who demands or receives from any person,
firm or corporation any money or other thing of value as a
consideration for the performance of, or the failure to perform,
his or her duties under the regulations of the chief
conservation
officer natural resources police officer and the provisions of this
section, is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than twenty-five dollars nor more than two hundred dollars, or confined in the county or regional jail for not
more than four months, or both fined and confined.
(b) Notwithstanding any other provision of this section to the
contrary, the chief
conservation officer natural resources police
officer may contract with the public, military or private entities
to provide extraordinary law enforcement or security services by
the Division of Natural Resources when it is determined by the
chief
conservation officer natural resources police officer to be
in the public interest. The chief
conservation officer natural
resources police officer may assign personnel, equipment or
facilities, and the division shall be reimbursed for the wages,
overtime wages, benefits and costs of providing the contract
services as negotiated between the parties. The compensation paid
to
conservation officers natural resources police officers by
virtue of contracts provided in this section shall be paid from a
special account and are excluded from any formulation used to
calculate an employee's benefits. All requests for obtaining
extraordinary law enforcement or security services shall be made to
the chief
conservation officer natural resources police officer in
writing and shall explain the funding source and the authority for
making the request. No officer of the division is required to
accept any assignment made pursuant to this subsection. Every
officer assigned to duty hereunder shall be paid according to the hours and overtime hours actually worked notwithstanding that
officer's status as exempt personnel under the "Federal Labor
Standards Act" or applicable state statutes. Every contract
entered into under this subsection shall contain the provision that
in the event of public disaster or emergency where the reassignment
to official duty of the officer is required, neither the division
nor any of its officers or other personnel are liable for any
damages incurred as the result of the reassignment. Further, any
entity contracting with the Division of Natural Resources under
this section shall also agree as part of that contract to hold
harmless and indemnify the state, Division of Natural Resources and
its personnel from any liability arising out of employment under
that contract.
The director is authorized to propose legislative rules,
subject to approval by the Legislature, in accordance with chapter
twenty-nine-a of this code relating to the implementation of
contracts entered into pursuant to this subsection:
Provided, That
the rules expressly prohibit private employment of officers in
circumstances involving labor disputes.
§20-7-1f. Awarding service revolver to special natural resources
police officers upon retirement; furnishing uniform for
burial.
(a) Upon the retirement of any special
conservation officer natural resources police officer selected and appointed pursuant to
section one of this article, the chief of the officer's section
shall award to the retiring special
conservation officer natural
resources police officer his or her service revolver, without
charge, upon determining:
(1) That the special
conservation officer natural resources
police officer is retiring honorably with at least twenty-five
years of recognized special law-enforcement service as determined
by the chief
conservation officer natural resources police officer;
or
(2) That
such special
conservation officer natural resources
police officer is retiring with less than twenty-five years of
service based upon a determination that he or she is totally
physically disabled as a result of service with the division.
(b) Notwithstanding the provisions of subsection (a) of this
section, the section chief shall not award a service revolver to
any special
conservation officer natural resources police officer
who has been declared mentally incompetent by a licensed physician
or any court of law, or who, in the opinion of the chief
conservation officer natural resources police officer constitutes
a danger to any person or the community.
(c) Upon the death of any current or honorably retired special
conservation officer natural resources police officer, the respective chief shall, upon request of the deceased officer's
family, furnish a full uniform for burial of the deceased officer.
§20-7-2. Qualifications of natural resources police officers;
right of retired officer to receive complete standard uniform;
right of retired officer to acquire uniform; and right of
retired officer to acquire badge.
In addition to civil service qualifications and requirements,
persons selected as
conservation officers natural resources police
officers shall have reached their eighteenth birthday at the time
of appointment, be in good physical condition and of good moral
character, temperate in habits and shall not have been convicted of
a felony. Whenever possible and practicable, preference in
selection of
conservation officers natural resources police
officers shall be given honorably discharged United States military
personnel. Each
conservation officer natural resources police
officer, before entering upon the discharge of his duties, shall
take and subscribe to the oath of office prescribed in article IV,
section 5 of the Constitution of West Virginia, which executed oath
shall be filed with the director.
The director shall prescribe the kind, style and material of
uniforms to be worn by
conservation officers natural resources
police officers. Uniforms and other equipment furnished to the
conservation officers
natural resources police officers shall be and remain the property of the state, except as hereinafter
provided in this section.
A
conservation officer natural resources police officer, upon
honorable retirement, shall be authorized to maintain at his or her
own cost a complete standard uniform from the law-enforcement
agency of which he or she was a member, and shall be issued an
identification card indicating his or her honorable retirement from
the law-enforcement agency. The uniform may be worn by the officer
in retirement only on the following occasions: Police Officer's
Memorial Day, Law Enforcement Appreciation Day, at the funeral of
a law-enforcement officer or during any other police ceremony. The
honorably retired officer is authorized to acquire a badge of the
law-enforcement agency from which he or she is retired with the
word "retired" placed on it.
§20-7-3. Powers and duties of other law officers.
The sheriffs and constables of the several counties of the
state, police officers of any city and members of the department of
public safety shall be vested, within their respective
jurisdictions, with all of the powers and authority of
conservation
officers natural resources police officers without requirement of
any additional oath or bond. Immediately upon making any arrest or
executing any process under provisions of this chapter, each
such
officer shall report thereon to the director.
§20-7-4. Powers and duties of natural resources police officers.
(a)
Conservation officers Natural resources police officers
and other persons authorized to enforce the provisions of this
chapter are under the supervision and direction of the director in
the performance of their duties.
(b)
Conservation officers Natural resources police officers
have statewide jurisdiction and have authority to:
(1) Arrest on sight, without warrant or other court process,
any person or persons committing a criminal offense in violation of
the laws of this state, in the presence of the officer, but no
arrest may be made where any form of administrative procedure is
prescribed by this chapter for the enforcement of the provisions of
this chapter;
(2) Carry
such arms and weapons as may be prescribed by the
director in the course and performance of their duties, but no
license or other authorization shall be required for this
privilege;
(3) Search and examine, in the manner provided by law, any
boat, vehicle, automobile, conveyance, express or railroad car,
fish box, fish bucket or creel, game bag or game coat or other
place in which hunting and fishing paraphernalia, wild animals,
wild birds, fish, amphibians or other forms of aquatic life could
be concealed, packed or conveyed whenever they have reason to believe that they would thereby secure or discover evidence of the
violation of the provisions of this chapter;
(4) Execute and serve a search warrant, notice or other
process of law issued under the authority of this chapter or other
law relating to wildlife, forests, and all other natural resources,
by a magistrate or court having jurisdiction in the same manner,
with the same authority and with the same legal effect as a
sheriff;
(5) Require the operator of any motor vehicle or other
conveyance on or about the public highways or roadways, or in or
near the fields and streams of this state, to stop for the purpose
of allowing the
conservation officers
natural resources police
officers to conduct game-kill surveys;
(6) Summon aid in making arrests or seizures or in executing
warrants, notices or processes, in the same manner as sheriffs;
(7) Enter private lands or waters within the state while
engaged in the performance of their official duties;
(8) Arrest on sight, without warrant or other court process,
subject to the limitations set forth in subdivision (1) of this
section, any person or persons committing a criminal offense in
violation of any law of this state in the presence of the officer
on any state-owned lands and waters and lands and waters under
lease by the Division of Natural Resources and all national forest lands, waters and parks and U.S. Corps of Army Engineers'
properties within the boundaries of the State of West Virginia and,
in addition to the authority conferred in other subdivisions of
this section, execute all arrest warrants on these state and
national lands, waters and parks and U.S. Corps of Army Engineers'
properties, consistent with the provisions of article one, chapter
sixty-two of this code;
(9) Arrest any person who enters upon the land or premises of
another without written permission from the owner of the land or
premises in order to cut, damage or carry away, or cause to be cut,
damaged or carried away, any timber, trees, logs, posts, fruit,
nuts, growing plants or products of any growing plant. Any person
convicted of cutting, damaging or carrying away or causing to be
cut, damaged or carried away any timber, trees, logs, posts,
fruits, nuts, growing plants or products of growing plants is
liable to the owner in the amount of three times the value of the
timber, trees, logs, posts, fruit, nuts, growing plants or products
of any growing plant, in addition to and notwithstanding any other
penalties by law provided by section thirteen, article three,
chapter sixty-one of this code;
(10) Make a complaint in writing before any court or officer
having jurisdiction, and procure and execute the warrant, when the
officer knows or has reason to believe that a person has violated a law of this state. The actions of the
conservation officer
natural resources police officer have the same force and effect as
if made by a sheriff;
(11) Serve and execute warrants for the arrest of any person
and warrants for the search of any premises, buildings, properties
or conveyances issued by a properly constituted authority in the
same manner, with the same authority, and with the same legal
effect, as a sheriff; and
(12) Do all things necessary to carry into effect the
provisions of this chapter.
§20-7-12b. Boating safety education certificate.
(a) Except as otherwise provided in subsection (c) of this
section, beginning on the first day of January, two thousand one,
no person born on or after the thirty-first day of December, one
thousand nine hundred eighty-six, may operate a motorboat or
personal watercraft on any waters of this state without first
having obtained a certificate of boating safety education from this
or any other state, which certificate was obtained by
satisfactorily completing a course of instruction in boating safety
education administered by the United States coast guard auxiliary;
the United States power squadron; the West Virginia Division of
Natural Resources; any person certified to teach the course
administered by West Virginia natural resources boating safety education section personnel; or any person authorized to teach the
course prescribed by the national association of state boating law
administrators in this or any other state.
(b) Any person who is subject to subdivision (a) of this
section shall possess the certificate of boating safety education
when operating a motorboat or personal watercraft on the waters of
this state and shall show the certificate on demand of any West
Virginia
conservation officer natural resources police officers or
other law-enforcement officer authorized to enforce the provisions
of this chapter.
(c) The following persons are exempt from the requirements of
subsection (a) of this section:
(1) A person who is a nonresident of this state and who is
visiting the state for sixty days or less in a motorboat or
personal watercraft from another state if that person:
(A) Is fifteen years of age or older; and
(B) Has been issued a boating safety education certificate by
his or her state of residence in accordance with the criteria
recommended by the national association of state boating law
administration.
(2) A person who is visiting the state for ninety days or less
in a motorboat or personal watercraft from a country other than the
United States;
(3) A person who is operating a motorboat or personal
watercraft in connection with commercial purposes; and
(4) A person who is operating a motorboat or personal
watercraft which was purchased by the person within the previous
forty-five-day period and who has not been previously charged with
a violation of any provision of this chapter involving the use or
registration of a motorboat or personal watercraft.
(d) The division shall issue a certificate of boating safety
education to a person who:
(1) Passes any course prescribed in subsection (a) of this
section; or
(2) Passes a boating safety equivalency examination
administered by persons authorized to administer a boating safety
education course as outlined in subsection (a) of this section.
Upon request, the division shall provide, without charge, boating
safety education materials to persons who plan to take the boating
safety equivalency examination.
(e) No person who owns a motorboat or personal watercraft or
who has charge over a motorboat or personal watercraft may
authorize or knowingly permit it to be operated in violation of
subsection (a) of this section.
(f) The provisions of subsection (a) of this section may only
be enforced as a secondary action when the officer detains an operator of a motorboat or personal watercraft upon probable cause
of a violation of another provision of this code or rules adopted
in accordance with the code. A person may not be taken immediately
to a court or detention facility solely for a violation of
subsection (a) of this section.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
ARTICLE 15A. THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL
ACTION PLAN.
§22-15A-19. Recycling assessment fee; regulated motor carriers;
dedication of proceeds; criminal penalties.
(a)
Imposition. -- A recycling assessment fee is hereby levied
and imposed upon the disposal of solid waste at all solid waste
disposal facilities in this state, to be collected at the rate of
two dollars per ton or part of a ton of solid waste. The fee
imposed by this section is in addition to all other fees levied by
law.
(b)
Collection, return, payment and records. -- The person
disposing of solid waste at the solid waste disposal facility shall
pay the fee imposed by this section, whether or not that person
owns the solid waste, and the fee shall be collected by the
operator of the solid waste facility who shall remit it to the Tax
Commissioner:
(1) The fee imposed by this section accrues at the time the solid waste is delivered to the solid waste disposal facility;
(2) The operator shall remit the fee imposed by this section
to the Tax Commissioner on or before the fifteenth day of the month
next succeeding the month in which the fee accrued. Upon
remittance of the fee, the operator shall file returns on forms and
in the manner as prescribed by the Tax Commissioner;
(3) The operator shall account to the state for all fees
collected under this section and shall hold them in trust for the
state until they are remitted to the Tax Commissioner;
(4) If any operator fails to collect the fee imposed by this
section, he or she is personally liable for the amount that he or
she failed to collect, plus applicable additions to tax, penalties
and interest imposed by article ten, chapter eleven of this code;
(5) Whenever any operator fails to collect, truthfully account
for, remit the fee or file returns with the fee as required in this
section, the Tax Commissioner may serve written notice requiring
the operator to collect the fees which become collectible after
service of the notice, to deposit the fees in a bank approved by
the Tax Commissioner, in a separate account, in trust for and
payable to the Tax Commissioner, and to keep the amount of the fees
in the account until remitted to the Tax Commissioner. The notice
remains in effect until a notice of cancellation is served on the
operator or owner by the Tax Commissioner;
(6) Whenever the owner of a solid waste disposal facility
leases the solid waste facility to an operator, the operator is
primarily liable for collection and remittance of the fee imposed
by this section and the owner is secondarily liable for remittance
of the fee imposed by this section. However, if the operator
fails, in whole or in part, to discharge his or her obligations
under this section, the owner and the operator of the solid waste
facility are jointly and severally responsible and liable for
compliance with the provisions of this section;
(7) If the operator or owner responsible for collecting the
fee imposed by this section is an association or corporation, the
officers of the association or corporation are liable, jointly and
severally, for any default on the part of the association or
corporation, and payment of the fee and any additions to tax,
penalties and interest imposed by article ten, chapter eleven of
this code may be enforced against them and against the association
or corporation which they represent; and
(8) Each person disposing of solid waste at a solid waste
disposal facility and each person required to collect the fee
imposed by this section shall keep complete and accurate records in
the form required by the Tax Commissioner in accordance with the
rules of the Tax Commissioner.
(c)
Regulated motor carriers. -- The fee imposed by this section is a necessary and reasonable cost for motor carriers of
solid waste subject to the jurisdiction of the Public Service
Commission under chapter twenty-four-a of this code.
Notwithstanding any provision of law to the contrary, upon the
filing of a petition by an affected motor carrier, the Public
Service Commission shall, within fourteen days, reflect the cost of
the fee in the motor carrier's rates for solid waste removal
service. In calculating the amount of the fee to the motor
carrier, the Commission shall use the national average of pounds of
waste generated per person per day as determined by the United
States Environmental Protection Agency.
(d)
Definition. -- For purposes of this section, "Solid waste
Disposal Facility" means any approved solid waste facility or open
dump in this state and includes a transfer station when the solid
waste collected at the transfer station is not finally disposed of
at a solid waste facility within this state that collects the fee
imposed by this section.
Nothing in this section authorizes in any way the creation or
operation of or contribution to an open dump.
(e)
Exemptions. -- The following transactions are exempt from
the fee imposed by this section:
(1) Disposal of solid waste at a solid waste facility by the
person who owns, operates or leases the solid waste disposal facility if it is used exclusively to dispose of waste originally
produced by that person in his or her regular business or personal
activities or by persons utilizing the facility on a cost-sharing
or nonprofit basis;
(2) Reuse or recycling of any solid waste; and
(3) Disposal of residential solid waste by an individual not
in the business of hauling or disposing of solid waste on the days
and times designated by the Secretary by rule as exempt from the
fee imposed pursuant to section eleven, article fifteen, chapter
twenty-two of this code.
(f)
Procedure and administration. -- Notwithstanding section
three, article ten, chapter eleven of this code, each and every
provision of the West Virginia Tax Procedure and Administration Act
set forth in article ten, chapter eleven of this code applies to
the fee imposed by this section with like effect as if the act were
applicable only to the fee imposed by this section and were set
forth in extenso in this section.
(g)
Criminal penalties. -- Notwithstanding section two,
article nine, chapter eleven of this code, sections three through
seventeen, article nine, chapter eleven of this code apply to the
fee imposed by this section with like effect as if the sections
were the only fee imposed by this section and were set forth in
extenso in this section.
(h)
Dedication of proceeds. -- The proceeds of the fee
collected pursuant to this section shall be deposited by the Tax
Commissioner, at least monthly, in a special revenue account
designated as the Recycling Assistance Fund which is hereby
continued and transferred to the Department of Environmental
Protection. The Secretary shall allocate the proceeds of the fund
as follows:
(1) Fifty percent of the total proceeds shall be provided in
grants to assist municipalities, counties and other interested
parties in the planning and implementation of recycling programs,
public education programs and recycling market procurement efforts,
established pursuant to this article. The Secretary shall
promulgate rules, in accordance with chapter twenty-nine-a of this
code, containing application procedures, guidelines for
eligibility, reporting requirements and other matters considered
appropriate:
Provided, That persons responsible for collecting,
hauling or disposing of solid waste who do not participate in the
collection and payment of the solid waste assessment fee imposed by
this section in addition to all other fees and taxes levied by law
for solid waste generated in this state which is destined for
disposal, shall not be eligible to receive grants under the
provisions of this article;
(2) Twelve and one-half percent of the total proceeds shall be expended for personal services and benefit expenses of full-time
salaried
conservation officers natural resources police officers;
(3) Twelve and one-half percent of the total proceeds shall be
directly allocated to the solid waste planning fund;
(4) Twelve and one-half percent of the total proceeds shall be
transferred to the solid waste reclamation and environmental
response fund, established pursuant to section eleven, article
fifteen, chapter twenty-two of this code, to be expended by the
Department of Environmental Protection to assist in the funding of
the pollution prevention and open dumps program (PPOD) which
encourages recycling, reuse, waste reduction and clean-up
activities; and
(5) Twelve and one-half percent of the total proceeds shall be
deposited in the hazardous waste emergency response fund
established in article nineteen of this chapter.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 2A. STATE AERONAUTICS COMMISSION.
§29-2A-11a. Implied consent to test; administration at direction
of law-enforcement officer; designation of type of test;
definition of law-enforcement officer.
Any person who operates an aircraft in this state shall be
deemed to have given his or her consent by the operation thereof to
a preliminary breath analysis and a secondary chemical test of either his or her blood, breath or urine for the purposes of
determining the alcoholic content of his or her blood. A
preliminary breath analysis may be administered in accordance with
the provisions of section eleven-b of this article whenever a law-
enforcement officer has reasonable cause to believe a person to
have committed an offense prohibited by section eleven of this
article. A secondary test of blood, breath or urine shall be
incidental to a lawful arrest and shall be administered at the
direction of the arresting law-enforcement officer having
reasonable grounds to believe the person to have committed an
offense prohibited by said section. The law-enforcement agency by
which
such the law-enforcement officer is employed shall designate
which one of the aforesaid secondary tests shall be administered:
Provided, That if the test so designated is a blood test and the
person so arrested refuses to submit to
such the blood test, then
the law-enforcement officer making
such the arrest shall designate
in lieu thereof either a breath or urine test to be administered.
For the purpose of this article, the term "law-enforcement
officer" means and is limited to: (1) Any member of the Division
of Public Safety of this state; (2) any sheriff and any deputy
sheriff of any county; (3) any member of a police department in any
municipality as defined in section two, article one, chapter eight
of this code; and (4) any
conservation officer natural resources police officer of the Division of Natural Resources. If any
municipality or the Division of Natural Resources does not have
available to its law-enforcement officers the testing equipment or
facilities necessary to conduct any secondary test which a law-
enforcement officer may administer under this article, any member
of the West Virginia state police, the sheriff of the county
wherein the arrest is made or any deputy of
such the sheriff or any
municipal law-enforcement officer of another municipality within
the county wherein the arrest is made may, upon the request of
such
the arresting law-enforcement officer and in his or her presence,
conduct
such a secondary test and the results of
such the test may
be used in evidence to the same extent and in the same manner as if
such the test had been conducted by
such the arresting law-
enforcement officer. Only the person actually administering or
conducting
such the test shall be competent to testify as to the
results and the veracity of
such the test.
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-12. Powers and duties of state fire marshal.
(a)
Enforcement of laws. - The state fire marshal and any
other person authorized to enforce the provisions of this article
under the supervision and direction of the state fire marshal has
the authority to enforce all laws of the state having to do with:
(1) Prevention of fire;
(2) The storage, sale and use of any explosive, combustible or
other dangerous article or articles in solid, flammable liquid or
gas form;
(3) The installation and maintenance of equipment of all sorts
intended to extinguish, detect and control fires;
(4) The means and adequacy of exit, in case of fire, from
buildings and all other places in which persons work, live or
congregate, from time to time, for any purpose, except buildings
used wholly as dwelling houses for no more than two families;
(5) The suppression of arson; and
(6) Any other thing necessary to carry into effect the
provisions of this article including, but not limited to,
confiscating any materials, chemicals, items, or personal property
owned, possessed or used in direct violation of the state fire
code.
(b)
Assistance upon request. -- Upon request, the state fire
marshal shall assist any chief of any recognized fire company or
department. Upon the request of any federal law-enforcement
officer, state police officer,
conservation officer natural
resources police officer or any county or municipal law-enforcement
officer, the state fire marshal, any deputy state fire marshal or
assistant state fire marshal employed pursuant to section eleven of
this article and any person deputized pursuant to subsection (j) of this section may assist in the lawful execution of the requesting
officer's official duties:
Provided, That the state fire marshal
or other person authorized to act under this subsection shall at
all times work under the direct supervision of the requesting
officer.
(c)
Enforcement of rules. -- The state fire marshal shall
enforce the rules promulgated by the state fire commission as
authorized by this article.
(d)
Inspections generally. -- The state fire marshal shall
inspect all structures and facilities, other than one- and
two-family dwelling houses, subject to the state fire code and this
article, including, but not limited to, state, county and
municipally owned institutions, all public and private schools,
health care facilities, theaters, churches and other places of
public assembly to determine whether the structures or facilities
are in compliance with the state fire code.
(e)
Right of entry. -- The state fire marshal may, at all
reasonable hours, enter any building or premises, other than
dwelling houses, for the purpose of making an inspection which he
or she may consider necessary under the provisions of this article.
The state fire marshal and any deputy state fire marshal or
assistant state fire marshal approved by the state fire marshal may
enter upon any property, or enter any building, structure or premises, including dwelling houses during construction and prior
to occupancy, for the purpose of ascertaining compliance with the
conditions set forth in any permit or license issued by the office
of the state fire marshal pursuant to subdivision (1), subsection
(a), section twelve-b of this article or of article three-b of this
chapter.
(f)
Investigations. -- The state fire marshal may, at any
time, investigate as to the origin or circumstances of any fire or
explosion or attempt to cause fire or explosion occurring in the
state. The state fire marshal has the authority at all times of
the day or night, in performance of the duties imposed by the
provisions of this article, to investigate where any fires or
explosions or attempt to cause fires or explosions may have
occurred, or which at the time may be burning. Notwithstanding the
above provisions of this subsection, prior to entering any building
or premises for the purposes of
such the investigation, the state
fire marshal shall obtain a proper search warrant:
Provided, That
a search warrant is not necessary where there is permissive waiver
or the state fire marshal is an invitee of the individual having
legal custody and control of the property, building or premises to
be searched.
(g)
Testimony. -- The state fire marshal, in making an
inspection or investigation when in his or her judgment
such the proceedings are necessary, may take the statements or testimony
under oath of all persons who may be cognizant of any facts or have
any knowledge about the matter to be examined and inquired into and
may have the statements or testimony reduced to writing; and shall
transmit a copy of
such the statements or testimony so taken to the
prosecuting attorney for the county wherein the fire or explosion
or attempt to cause a fire or explosion occurred. Notwithstanding
the above, no person may be compelled to testify or give any
such
statement under this subsection.
(h)
Arrests; warrants. -- The state fire marshal, any
full-time deputy fire marshal or any full-time assistant fire
marshal employed by the state fire marshal pursuant to section
eleven of this article is hereby authorized and empowered and any
person deputized pursuant to subsection (j) of this section may be
authorized and empowered by the state fire marshal:
(1) To arrest any person anywhere within the confines of the
state of West Virginia, or have him or her arrested, for any
violation of the arson-related offenses of article three, chapter
sixty-one of this code or of the explosives-related offenses of
article three-e of said chapter:
Provided, That any and all
persons so arrested shall be forthwith brought before the
magistrate or circuit court.
(2) To make complaint in writing before any court or officer having jurisdiction and obtain, serve and execute an arrest warrant
when knowing or having reason to believe that anyone has committed
an offense under any provision of this article, of the
arson-related offenses of article three, chapter sixty-one of this
code or of the explosives-related offenses of article three-e of
said chapter. Proper return shall be made on all arrest warrants
before the tribunal having jurisdiction over
such the violation.
(3) To make complaint in writing before any court or officer
having jurisdiction and obtain, serve and execute a warrant for the
search of any premises that may possess evidence or unlawful
contraband relating to violations of this article, of the
arson-related offenses of article three, chapter sixty-one of this
code or of the explosives-related offenses of article three-e of
said chapter. Proper return shall be made on all search warrants
before the tribunal having jurisdiction over
such the violation.
(i)
Witnesses and oaths. -- The state fire marshal is
empowered and authorized to issue subpoenas and subpoenas duces
tecum to compel the attendance of persons before him to testify in
relation to any matter which is, by the provision of this article,
a subject of inquiry and investigation by the state fire marshal
and cause to be produced before him or her
such papers as he or she
may require in making
such the examination. The state fire marshal
is hereby authorized to administer oaths and affirmations to persons appearing as witnesses before him or her. False swearing
in any matter or proceeding aforesaid shall be considered perjury
and shall be punishable as
such perjury.
(j)
Deputizing members of fire departments in this state. --
The state fire marshal may deputize a member of any fire
department, duly organized and operating in this state, who is
approved by the chief of his or her department and who is properly
qualified to act as his or her assistant for the purpose of making
inspections with the consent of the property owner or the person in
control of the property and
such the investigations as may be
directed by the state fire marshal, and the carrying out of
such
orders as may be prescribed by him or her, to enforce and make
effective the provisions of this article and any and all rules
promulgated by the state fire commission under authority of this
article:
Provided, That in the case of a volunteer fire
department, only the chief thereof or his or her single designated
assistant may be so deputized.
(k)
Written report of examinations. -- The state fire marshal
shall, at the request of the county commission of any county or the
municipal authorities of any incorporated municipality in this
state, make to them a written report of the examination made by him
or her regarding any fire happening within their respective
jurisdictions.
(l)
Report of losses by insurance companies. -- It is the duty
of each fire insurance company or association doing business in
this state, within ten days after the adjustment of any loss
sustained by it that exceeds fifteen hundred dollars, to report to
the state fire marshal information regarding the amount of
insurance, the value of the property insured and the amount of
claim as adjusted. This report is in addition to any
such
information required by the state insurance commissioner. Upon the
request of the owner or insurer of any property destroyed or
injured by fire or explosion, or in which an attempt to cause a
fire or explosion may have occurred, the state fire marshal shall
report in writing to the owner or insurer the result of the
examination regarding the property.
(m)
Issuance of permits and licenses. - The state fire marshal
is authorized to issue permits, documents and licenses in
accordance with the provisions of this article or of article
three-b of this chapter. The state fire marshal may require any
person who applies for a permit to use explosives, other than an
applicant for a license to be a pyrotechnic operator under section
twenty-four of this article, to be fingerprinted and to authorize
the state fire marshal to conduct a criminal records check through
the criminal identification bureau of the West Virginia state
police and a national criminal history check through the federal bureau of investigation. The results of any criminal records or
criminal history check shall be sent to the state fire marshal.
(n)
Issuance of citations for fire and life safety violations.
-- The state fire marshal, any deputy fire marshal and any
assistant fire marshal employed pursuant to section eleven of this
article are hereby authorized, and any person deputized pursuant to
subsection (j) of this section may be authorized by the state fire
marshal to issue citations, in his or her jurisdiction, for fire
and life safety violations of the state fire code and as provided
for by the rules promulgated by the state fire commission in
accordance with article three, chapter twenty-nine-a of this code:
Provided, That a summary report of all citations issued pursuant to
this section by persons deputized under subsection (j) of this
section shall be forwarded monthly to the state fire marshal in
such the form and containing information as he or she may by rule
require, including the violation for which the citation was issued,
the date of issuance, the name of the person issuing the citation
and the person to whom the citation was issued. The state fire
marshal may at any time revoke the authorization of a person
deputized pursuant to subsection (j) of this section to issue
citations, if in the opinion of the state fire marshal, the
exercise of authority by the person is inappropriate.
Violations for which citations may be issued include, but are not limited to:
(1) Overcrowding places of public assembly;
(2) Locked or blocked exits in public areas;
(3) Failure to abate a fire hazard;
(4) Blocking of fire lanes or fire department connections; and
(5) Tampering with, or rendering inoperable except during
necessary maintenance or repairs, on-premise fire-fighting
equipment, fire detection equipment and fire alarm systems.
(o)
Required training; liability coverage. -- No person
deputized pursuant to subsection (j) of this section may be
authorized to issue a citation unless that person has
satisfactorily completed a law-enforcement officer training course
designed specifically for fire marshals. The course shall be
approved by the law-enforcement training subcommittee of the
governor's committee on criminal justice and highway safety and the
state fire commission. In addition, no person deputized pursuant
to subsection (j) of this section may be authorized to issue a
citation until evidence of liability coverage of
such the person
has been provided, in the case of a paid municipal fire department
by the municipality wherein the fire department is located, or in
the case of a volunteer fire department, by the county commission
of the county wherein the fire department is located or by the
municipality served by the volunteer fire department and that evidence of liability coverage has been filed with the state fire
marshal.
(p)
Penalties for violations. -- Any person who violates any
fire and life safety rule of the state fire code is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than one hundred dollars nor more than one thousand dollars or
imprisoned in the county or regional jail not more than ninety
days, or both fined and imprisoned.
Each and every day during which any violation of the
provisions of this article continues after knowledge or official
notice that same is illegal is a separate offense.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
§30-29-1. Definitions.
For the purposes of this article, unless a different meaning
clearly appears in the context:
"Approved law-enforcement training academy" means any training
facility which is approved and authorized to conduct
law-enforcement training as provided in this article;
"Chief executive" means the Superintendent of the State
Police; the chief
conservation officer natural resources police
officer of the Division of Natural Resources; the sheriff of any
West Virginia county; any administrative deputy appointed by the chief
conservation officer natural resources police officer of
the
Division of Natural Resources; or the chief of any West Virginia
municipal law-enforcement agency;
"County" means the fifty-five major political subdivisions of
the state;
"Exempt rank" means any noncommissioned or commissioned rank
of sergeant or above;
"Governor's committee on crime, delinquency and correction" or
"Governor's committee" means the Governor's committee on crime,
delinquency and correction established as a state planning agency
pursuant to section one, article nine, chapter fifteen of this
code;
"Law-enforcement officer" means any duly authorized member of
a law-enforcement agency who is authorized to maintain public peace
and order, prevent and detect crime, make arrests and enforce the
laws of the state or any county or municipality thereof, other than
parking ordinances, and includes those persons employed as campus
police officers at state institutions of higher education in
accordance with the provisions of section five, article four,
chapter eighteen-b of this code, and persons employed by the Public
Service Commission as motor carrier inspectors and weight
enforcement officers charged with enforcing commercial motor
vehicle safety and weight restriction laws although those institutions and agencies may not be considered law-enforcement
agencies. The term also includes those persons employed as rangers
by the Hatfield-McCoy regional recreation authority in accordance
with the provisions of section six, article fourteen, chapter
twenty of this code, although the authority may not be considered
a law-enforcement agency:
Provided, That the subject rangers shall
pay the tuition and costs of training. As used in this article,
the term "law-enforcement officer" does not apply to the chief
executive of any West Virginia law-enforcement agency or any
watchman or special
conservation officer natural resources police
officer;
"Law-enforcement official" means the duly appointed chief
administrator of a designated law-enforcement agency or a duly
authorized designee;
"Municipality" means any incorporated town or city whose
boundaries lie within the geographic boundaries of the state;
"Subcommittee" or "law-enforcement training subcommittee"
means the subcommittee of the Governor's committee on crime,
delinquency and correction created by section two of this article;
and
"West Virginia law-enforcement agency" means any duly
authorized state, county or municipal organization employing one or
more persons whose responsibility is the enforcement of laws of the state or any county or municipality thereof:
Provided, That neither
the Hatfield-McCoy regional recreation authority, the Public
Service Commission nor any state institution of higher education
may be deemed a law-enforcement agency.
CHAPTER 36. ESTATES AND PROPERTY.
ARTICLE 8A. UNCLAIMED STOLEN PROPERTY HELD BY LAW-ENFORCEMENT
AGENCIES.
§36-8A-1. Definitions.
For purposes of this article, unless a different meaning
clearly appears in the context:
(a) "Chief executive" means the superintendent of the state
police; the chief
conservation officer natural resources police
officer of the Division of Natural Resources; the sheriff of any
West Virginia county; or the chief of any West Virginia municipal
law-enforcement agency.
(b) "Item" means any item of unclaimed stolen property or any
group of similar items considered together for purposes of
reporting, donation, sale or destruction under this article.
(c) "Law-enforcement agency" means any duly authorized state,
county or municipal organization of the state of West Virginia
employing one or more persons whose responsibility is the
enforcement of laws of the state or any county or municipality
thereof:
Provided, That neither the Hatfield-McCoy regional recreation authority nor any state institution of higher education
may be deemed a law-enforcement agency.
(d) "Nonprofit organization" means: (i) Any nonprofit
charitable organization; or (ii) any agency of the state of West
Virginia the purpose of which is to provide health, recreational or
educational services to citizens of the state of West Virginia.
(e) "Stolen property" means any tangible personal property,
including cash and coins, which is confiscated by or otherwise
comes into the custody of a law-enforcement agency during the
course of a criminal investigation or the performance of any other
authorized law-enforcement activity, whether or not the property
was or can be proven to have been stolen.
(f) "Treasurer" means the state treasurer or his or her
authorized designee for purposes of the administration of this
article.
(g) "Unclaimed stolen property" is stolen property:
(1) Which has been held by a law-enforcement agency for at
least six months, during which time the rightful owner has not
claimed it;
(2) For which the chief executive determines that there is no
reasonable likelihood of its being returned to its rightful owner;
and
(3) Which the chief executive determines to have no evidentiary value.
On motion of Senator Bowman, the following amendment to the
Government Organization committee amendment to the bill (Eng. H. B.
No. 3110) was reported by the Clerk and adopted:
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §15-2-12 of the code of West Virginia be amended and
reenacted; that §15-10-3 be amended and reenacted; that §15-10A-2
be amended and reenacted; that §17-24A-1 and §17-24A-2 be amended
and reenacted; that §17A-3-23 be amended and reenacted; that §17C-
4-16 be amended and reenacted; that §17C-5-4 be amended and
reenacted; that §18B-10-7 be amended and reenacted; that §19-20A-7
be amended and reenacted; that §20-1-13 be amended and reenacted;
that §20-2-5, §20-2-7, §20-2-15, §20-2-16, §20-2-22, §20-2-22a,
§20-2-56a and §20-2-57a be amended and reenacted; that §20-7-1,
§20-7-1a, §20-7-1b, §20-7-1c, §20-7-1d, §20-7-1e and §20-7-1f, §20-
7-2, §20-7-3, §20-7-4 and §20-7-12b be amended and reenacted; that
§22-15A-19 be amended and reenacted; that §29-2A-11a be amended and
reenacted; that §29-3-12 be amended and reenacted; that §30-29-1 be
amended and reenacted; and that §36-8A-1 be amended and reenacted,
all to read as follows:.
The question now being on the adoption of the Government
Organization committee amendment to the bill, as amended, the same was put and prevailed.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 3110) was then
read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed House Bill No. 3110 pass?"
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--30.
The nays were: Deem and Hall--2.
Absent: Guills and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3110) passed.
At the request of Senator Bowman, as chair of the Committee on
Government Organization, and by unanimous consent, the unreported
Government Organization committee amendment to the title of the
bill was withdrawn.
On motion of Senator Bowman, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. House Bill No. 3110--A Bill to amend and reenact §15-2-
12; to amend and reenact §15-10-3; to amend and reenact §15-10A-2;
to amend and reenact §17-24A-1 and §17-24A-2; to amend and reenact
§17A-3-23; to amend and reenact §17C-4-16; to amend and reenact
§17C-5-4; to amend and reenact §18B-10-7; to amend and reenact §19-
20A-7; to amend and reenact §20-1-13; to amend and reenact §20-2-5,
§20-2-7, §20-2-15, §20-2-16, §20-2-22, §20-2-22a, §20-2-56a and
§20-2-57a; to amend and reenact §20-7-1, §20-7-1a, §20-7-1b, §20-7-
1c, §20-7-1d, §20-7-1e, §20-7-1f, §20-7-2, §20-7-3, §20-7-4 and
§20-7-12b; to amend and reenact §22-15A-19; to amend and reenact
§29-2A-11a; to amend and reenact §29-3-12; to amend and reenact
§30-29-1; and to amend and reenact §36-8A-1 of the Code of West
Virginia, 1931, all relating to renaming conservation officers to
be natural resources police officers.
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. 4034, Authorizing any
municipality to enact by ordinance a vacant property registration
program.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4039, Increasing the number
of persons that may be appointed to the Marshall County Park and Recreation Board.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. House Bill No. 4138, Relating to the practice of medical
imaging and radiation therapy.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4172, Authorizing the
Division of Motor Vehicles to issue special license plates for
members of certain organizations upon approval of the commissioner.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4176, Relating to
credentialing of health care practitioners.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Guills and Oliverio--2.
The bill (Eng. Com. Sub. for H. B. No. 4176) was then read a
second time.
The following amendment to the bill, from the Committee on
Health and Human Resources, was reported by the Clerk and adopted:
On page eighteen, section nine, line five, by striking out the
word "not".
The following amendment to the bill (Eng. Com. Sub. for H. B.
No. 4176), from the Committee on Banking and Insurance, was next
reported by the Clerk and adopted:
On page eighteen, section nine, line five, by striking out
"January 1, 2012" and inserting in lieu thereof "June 1, 2011".
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4176) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Guills and Oliverio--2.
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. 4176) passed.
The following amendment to the title of the bill, from the
Committee on Banking and Insurance, was reported by the Clerk and
adopted:
Eng. Com. Sub. for House Bill No. 4176--A Bill to amend and
reenact §16-1A-1, §16-1A-2, §16-1A-3, §16-1A-4 and §16-1A-5 of the
Code of West Virginia, 1931, as amended, and to amend said code by
adding thereto five new sections, designated §16-1A-6, §16-1A-7,
§16-1A-8, §16-1A-9 and §16-1A-10, all relating to providing for
uniform credentialing for health care practitioners; establishing
a single statewide credentialing verification organization and a
uniform recredentialing calendar; setting forth legislative
findings, defining terms; increasing the membership of the advisory
committee; authorizing the Secretary and Insurance Commissioner to,
no later than July 1, 2015, select and contract with a qualified
credentialing verification organization that will be the sole
source for primary source verification for all credentialing
entities; reviewing operations of the statewide credentialing verification organization; setting forth qualifications for a
credentialing verification organization; giving preference to a
credentialing verification organization organized within this
state; suspending mandatory use of statewide credentialing
verification organization by credentialing entities by the
Secretary and Insurance Commissioner for certain failures of the
statewide credentialing verification organization; setting forth an
application process; providing for the confidentiality of
information and exceptions; setting forth legislative rulemaking
authority; providing for the establishment by rule of penalties;
and granting immunity to credentialing entity for reliance upon
information provided by the statewide credentialing verification
organization.
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. 4194, Codifying the Division
of Criminal Justice Services being incorporated into the Department
of Military Affairs and Public Safety.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4285, Relating to the
licensing of residential mortgage brokers, lenders and loan
originators by the Division of Banking.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. House Bill No. 4373, Eliminating the twelve-month
look-back period for certain children who have had employer
sponsored insurance.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4425, Developing a pilot
program for unlicensed personnel to administer medication in a
nursing home.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Guills and Oliverio--2.
The bill (Eng. Com. Sub. for H. B. No. 4425) was then read a
second time.
The following amendment to the bill, from the Committee on
Health and Human Resources, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-20. Pilot program.
The board shall develop a pilot program for unlicensed
personnel to administer medication in a nursing home including the
development of a training program in cooperation with the West
Virginia Board of Practical Nurses and the West Virginia Health
Care Association. Prior to implementation of the pilot program,
the board shall submit its plans for approval to the Legislative
Oversight Commission for Health and Human Resources Accountability
for its consideration prior to the 2011 Legislative session. The
Board of Nursing shall propose rules for legislative approval in
accordance with the provisions of article three, chapter, twenty-
nine-a of this code effectuate the provisions of this section.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4425) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Guills and Oliverio--2.
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. 4425) 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. 4425--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §30-7-20, relating to the development of a
pilot program for unlicensed persons to administer medications in
a nursing home by the Board of Registered Professional Nurses;
requiring approval by the Legislative Oversight Commission on
Health and Human Resources Accountability prior to implementation
of the pilot; and granting rulemaking authority to the Board of
Registered Professional Nurses to effectuate the provisions of the
pilot project.
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. 4504, Adopting the Uniform
State Military Code of Justice into West Virginia law.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. House Bill No. 4524, Revising the definition of
"all-terrain vehicle" and including a definition for utility
terrain vehicle.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Guills and Oliverio--2.
The bill (Eng. H. B. No. 4524) was then read a second time.
The following amendment to the bill, from the Committee on
Transportation and Infrastructure, was reported by the Clerk and
adopted:
On page thirty, section one, line two hundred ninety, by
striking out the words "or snowmobile" and inserting in lieu
thereof a comma and the words "snowmobile or utility vehicle".
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4524) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Guills and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4524) passed with its title.
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. 4557, Reviewing all of the Department of Health and Human Resources requests for proposals or
change orders valued at over $500,000 prior to their release.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. House Bill No. 4559, Relating to the requirements to be
certified as a registered forester.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4615, Authorizing political
subdivisions to establish risk pools to insure their workers'
compensation risks.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4630, Relating to refunding
of appraisal fees.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Without objection, the Senate returned to the third order of
business.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on March 10, 2010, he had approved
Enr.
Committee Substitute for House Bill No. 4128.
The Senate again proceeded to the fourth order of business.
Senator Tomblin (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. 15, Requesting Joint
Committee on Government and Finance study student performance and
instructional time.
Senate Concurrent Resolution No. 23, Requesting Joint
Committee on Government and Finance study reducing school dropouts.
Senate Concurrent Resolution No. 31, Requesting Joint
Committee on Government and Finance study tourism industry
development.
Senate Concurrent Resolution No. 46, Requesting Joint
Committee on Government and Finance study effects of coal slurry
impoundments and underground injection.
Senate Concurrent Resolution No. 52, Requesting Joint
Committee on Judiciary study child pornography investigative
process.
And,
Senate Concurrent Resolution No. 64, Requesting Joint
Committee on Government and Finance study diversifying state
economy.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 17, Requesting Joint
Committee on Government and Finance study capital improvements'
funding sources for Chesapeake Bay nutrient removal requirements.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
Senator Kessler, 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 Joint Resolution No. 101, Commercial
and Industrial Tangible Personal Property Tax Exemption Amendment
.
And reports the same back without recommendation as to
adoption; but under the original double committee reference first
be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the resolution (Eng. Com. Sub. for H. J. R. No 101)
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.
On motion of Senator Kessler, the resolution was rereferred to
the Committee on the Judiciary.
Senator Kessler, 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. 4018, Establishing that
possession of a mixture or preparation intended for human
consumption containing salvia divinorum is unlawful.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4018) 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 Kessler, 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. 4134, Removing non-utilized
code sections.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 4142, Relating to the board of
sanitarians.
And has amended same.
Eng. Com. Sub. for House Bill No. 4450, Relating to land
surveyors.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4577, Relating to elevator
inspections and classifications of licensure.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Helmick, 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. 4182, Relating to the
emergency medical services retirement system act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, 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. 4207, Making it unlawful to
send obscene, anonymous, harassing and threatening communications
by computer, mobile phone, personal digital assistant or other
mobile device.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4207) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 4247, Providing counties the discretion to
accompany an electronic poll book with a printed poll book.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Government Organization.
Senator Kessler, 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. 4273, Relating to
professional employer organizations.
With an amendment from the Committee on Banking and Insurance
pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 9, 2010;
And reports the same back with the recommendation that it do
pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Eng. House Bill No. 4277, Authorizing the Secretary of the
Department of Environmental Protection to issue National Pollutant
Discharge Elimination System permits.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
At the request of Senator Green, unanimous consent being
granted, the bill (Eng. H. B. No. 4277) contained in the preceding report from the Committee on Energy, Industry and Mining was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on the Judiciary.
Senator Helmick, 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. 4324, Extending the
expiration date of employment of retired teachers beyond the
post-retirement employment limit.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 4339, Relating to collecting
debts through the United States Treasury Offset Program.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Government Organization.
Senator Helmick, 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. 4397, Requiring the
Superintendent of the State Police to implement a plan to increase
the number of troopers.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, 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. 4589, Conforming article three of chapter
three of the Code of West Virginia, to the requirements of the
Military and Overseas Voter Empowerment Act of 2009.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 4589) 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.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Barnes, unanimous consent being
granted, it was ordered that the Journal show had Senator Barnes
been present in the chamber Tuesday, March 2, 2010, he would have
voted "yea" on the passage of Engrossed Committee Substitute for
Committee Substitute for Senate Bill No. 4, Engrossed Senate Bill
No. 169, Engrossed Committee Substitute for Senate Bill No. 185,
Engrossed Committee Substitute for Senate Bill No. 186, Engrossed
Committee Substitute for Committee Substitute for Senate Bill No. 219, Engrossed Senate Bill No. 235, Engrossed Committee Substitute
for Senate Bill No. 238, Engrossed Committee Substitute for Senate
Bill No. 291, Engrossed Committee Substitute for Committee
Substitute for Senate Bill No. 324, Engrossed Senate Bill No. 331,
Engrossed Committee Substitute for Senate Bill No. 337, Engrossed
Committee Substitute for Committee Substitute for Senate Bill No.
365, Engrossed Senate Bill No. 369, Engrossed Committee Substitute
for Committee Substitute for Senate Bill No. 394, Engrossed
Committee Substitute for Senate Bill No. 462, Engrossed Committee
Substitute for Senate Bill No. 478, Engrossed Senate Bill No. 488,
Engrossed Committee Substitute for Senate Bill No. 489, Engrossed
Committee Substitute for Committee Substitute for Senate Bill No.
493, Engrossed Committee Substitute for Senate Bill No. 505,
Engrossed Committee Substitute for Committee Substitute for Senate
Bill No. 518, Engrossed Senate Bill No. 519, Engrossed Senate Bill
No. 527, Engrossed Committee Substitute for Senate Bill No. 538,
Engrossed Committee Substitute for Senate Bill No. 543, Engrossed
Committee Substitute for Senate Bill No. 567, Engrossed Committee
Substitute for Senate Bill No. 587, Engrossed Committee Substitute
for Senate Bill No. 596, Engrossed Committee Substitute for
Committee Substitute for Senate Bill No. 597, Engrossed Committee
Substitute for Senate Bill No. 606, Engrossed Senate Bill No. 612,
Engrossed Committee Substitute for Senate Bill No. 616, Engrossed Committee Substitute for Senate Bill No. 624, Engrossed Committee
Substitute for Senate Bill No. 626, Engrossed Committee Substitute
for Senate Bill No. 631, Engrossed Committee Substitute for Senate
Bill No. 656, Engrossed Senate Bill No. 664, Engrossed Committee
Substitute for Senate Bill No. 690 and Engrossed Senate Bill No.
697 and "nay" on the passage of Engrossed Senate Bill No. 510; and
on Wednesday, March 3, 2010, he would have voted "yea" on the
passage of Engrossed Senate Bill No. 118.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Oliverio.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, March 11, 2010, at 11 a.m.
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