hdj2010-02-17-36
__________*__________
Wednesday, February 17, 2010
THIRTY-SIXTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Tuesday, February 16, 2010, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegates Frazier, Wooton and Ellem offered the following resolution, which was read by
its title and referred to the Committee on Rules:
H. C. R. 55 - "Requesting the Joint Committee on Government and Finance to study the efficiency and effectiveness of forensic services of West Virginia and to determine what options may
be available to provide accurate and impartial forensic evidence support services through entities in
addition to, or in lieu of, those services currently provided by the West Virginia State Police Forensic
Laboratories."
Whereas, The efficient, accurate and impartial examination of forensic evidence in
accordance with the highest standards of professionalism is deemed to be an indispensable element
within our criminal justice system; and
Whereas, There currently exists within the State of West Virginia increased concerns about
overcrowding in regional jails, the effects of which may in part be attributed to pretrial delays
resulting from the backlog, delay or other inefficiencies in the processing of forensic evidence by the
West Virginia State Police Forensic Laboratory; and
Whereas, In 2009, the National Research Council of the National Academy of Sciences
completed a research report entitled "Strengthening Forensic Science in the United States: A Path
Forward" and that a portion of the report included a recommendation, among others, that to improve
the scientific basis of forensic science examinations and to maximize independence from or
autonomy within the law-enforcement community, state and local jurisdictions should remove all
public forensic laboratories and facilities from the administrative control of law-enforcement
agencies or prosecutors' office; and
Whereas, There may be some basis for concern about the current capability of the West
Virginia State Police Forensic Laboratory to continue to employ and retain well qualified
professionals responsible for the processing and testing of forensic evidence at their current
laboratory facility; and
Whereas, In more recent years there has been substantial development and expansion of
forensic science programs at certain academic institutions of higher education within the State of
West Virginia who may now be capable of providing or assisting in the delivery of forensic science
support services to law-enforcement agencies throughout 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
delivery of forensic laboratory services for law-enforcement agencies throughout the State of West
Virginia for purposes of determining what options may be available to improve the efficiency and
effectiveness of these essential support services; and, be it
Further Resolved, That scope of this study shall include, but not be limited to, the
examination of certain performance indicators related to the time lines of the processing of evidence
items by the various sections within the West Virginia State Police Forensic Laboratory, the impact
of any backlog in the processing of evidence on the timely adjudication and trial of criminal
defendants by the courts and overcrowding in regional jails, and such other areas related to an
assessment of the implications of the efficiencies in the processing of evidence by the State Police
Forensic Laboratory as may be deemed relevant and appropriate; and, be it
Further Resolved, That an assessment be made of the current forensic laboratory capabilities
existing at Marshall University, West Virginia University or any other institute of higher education
within the State of West Virginia having an accredited forensic science program for purposes of
determining whether any such institution of higher education has the current or future capabilities
to assume, in whole or in part, any of the forensic science testing services now being exclusively
preformed by the West Virginia State Police Forensic Testing Laboratory; and, be it
Further Resolved, That a final report be prepared to include specific recommendations
concerning the improved delivery of forensic science services in the State of West Virginia; and, be
it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature in 2011 on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That 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.
Mr. Speaker, Mr. Thompson, and Delegates Anderson, Andes, Argento, Armstead, Ashley,
Azinger, Barker, Beach, Blair, Boggs, Border, Brown, Butcher, Campbell, Cann, Canterbury,
Caputo, Carmichael, Cowles, Craig, Crosier, Doyle, Duke, Eldridge, Ellem, Ennis, Evans, Ferro,
Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman, Hatfield, Hunt, Hutchins,
Iaquinta, Ireland, Klempa Kominar, Lane, Lawrence, Longstreth, Louisos, Mahan, Manchin,
Manypenny, Marshall, Martin, McGeehan, Michael, Miley, C. Miller, J. Miller, Moore, Morgan,
Moye, Overington, Paxton, Perdue, Perry, Pethtel, Phillips, D. Poling, M. Poling, Poore, Porter,
Reynolds, Rodighiero, Romine, Ross, Rowan, Schadler, Schoen, Shaver, Shook, Shott, Skaff, Smith,
Sobonya, Spencer, Staggers, Stephens, Stowers, Sumner, Susman, Swartzmiller, Talbott, Varner,
D. Walker, T. Walker, Walters, Wells, White, Williams and Wooton offered the following
resolution, which was read by the Clerk as follows:
H. C. R. 56 - "Requesting the Division of Highways place commemorative signs at mile
marker 65.5 of the north and south bound lanes of Interstate 64/Interstate 77 near Mahan in Fayette County and on Route 19 one mile north of its intersection with Route 61 near Oak Hill in Fayette
County indicating that the motorist is crossing the 38
th parallel north in honor of the veterans of the
Korean War and particularly in memory of the thousands who died in the pursuit of freedom for all
mankind."
Whereas, The 38
th parallel north is a circle of latitude that is 38 degrees north of the earth's
equatorial plane; and
Whereas, The 38
th parallel north has been especially important in recent history as the
dividing line between the countries of North and South Korea; and
Whereas, The military struggle fought on the Korean Peninsula began in 1950 with the
invasion of North Korea crossing the 38
th parallel into South Korea; and
Whereas, The 38
th parallel was the place where the cease-fire was called that effectively
ended the Korean War in July, 1953, after more than three years of conflict; and
Whereas, As a fitting tribute to those who fought against communist aggression in Korea,
and especially the thousands who were killed, a sign designating that the motorist is crossing the 38
th
parallel north should be erected on Interstate 64/Interstate 77 at mile marker 65.5 near Mahan in
Fayette County and on Route 19 one mile north of its intersection with Route 61 near Oak Hill in
Fayette County; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways erect a sign at
mile marker 65.5 of the north and south bound lanes of Interstate 64/Interstate 77 near Mahan in
Fayette County and on Route 19 one mile north of its intersection with Route 61 near Oak Hill in
Fayette County designating that the motorist is crossing the 38
th parallel north in honor of the veterans of the Korean War and particularly in memory of the thousands who died in the pursuit of
freedom for all mankind; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the Secretary of the Department of Transportation, the Commissioner of the Division of
Highways, the Korean War Veterans Mountaineer Chapter and the Korean War Veterans Association
of West Virginia.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. C. R. 56) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegates McGeehan, Shott and J. Miller:
H. J. R. 110 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending article six thereof by adding thereto a new section, designated section three-a, relating to
term limitations for legislators; numbering and designating such proposed amendment; and providing
a summarized statement of the purpose of such proposed amendment"; to the Committee on
Constitutional Revision then the Judiciary.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 7, Requesting the Joint Committee on Government and Finance to continue
studying the needs, challenges, and issues facing West Virginia veterans returning from recent
service,
H. C. R. 29, The "Sgt. Chester A. Mollett Memorial Highway",
And,
H. C. R. 47, The "Childhood Cancer Survivor and Memorial Highway",
And reports the same back with the recommendation that they each be adopted.
Chairman Martin, from the Committee on Roads and Transportation, submitted the following
report, which was received:
Your Committee on Roads and Transportation has had under consideration:
H. B. 4356, Allowing a nonresident to have an additional ten days to pay his or her fine
before the magistrate court sends notice to the DMV,
And,
H. B. 4441, Authorizing the President of the Senate and the Speaker of the House of
Delegates to approve a public partnership agreement,
And reports the same back with the recommendation that they each do pass, but that they first
be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 4356 and H. B. 4441)
were each referred to the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4059, Personnel, administrative rule,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bill (H. B. 4059) was referred to
the Committee on the Judiciary.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 4192, Creating the West Virginia Ski Resort Industry Commission,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4192) was referred to
the Committee on Finance.
Chairman Morgan, from the Committee on Government Organization, submitted the
following report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3152, Athletic Trainers Registration Act,
And,
H. B. 4329, Clarifying provisions relating to functions of the Division of Personnel,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended, but that they first be referred to the Committee on the Judiciary.
In accordance with the former direction of the Speaker, the bills (H. B. 3152 and H. B. 4329)
were each referred to the Committee on the Judiciary.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4223, Increasing the safety of school children that use school buses,
And,
H. B. 4464, Uniform Real Property Electronic Recording Act,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended, but that they each first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 4223 and H. B. 4464)
were each referred to the Committee on Finance.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4187, Continuing the current hazardous waste management fee until 2015,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 4187 - "A Bill to amend and reenact §22-18-22 of the Code of West
Virginia, 1931, as amended, relating to extending the termination date of the Hazardous Waste
Management Fund from June 30, 2010 to June 30, 2015,"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 4136, Relating to delinquent land sales by the sheriff,
And reports the same back with the recommendation that it do pass, but that it first be
referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 4136) was referred to
the Committee on Finance.
Chairman Poling, from the Committee on Education, submitted the following report, which
was received:
Your Committee on Education has had under consideration:
H. B. 2542, "Jason Flatt Act of 2010 ",
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on Finance.
In accordance with the former direction of the Speaker, the bill (H. B. 2542) was referred to
the Committee on Finance.
On motion for leave, resolutions were introduced (Originating in the Committee on
Education and reported with the recommendation that they each be adopted), which were read by
their titles, as follows:
By Delegates Shaver, Lawrence, Moye, Pethtel, Shott, Stowers, Sumner, Louisos, D.
Walker, Canterbury, Crosier, Perry, Paxton and Smith:
H. C. R. 57 - "Requesting the Joint Committee on Government and Finance to conduct a
study on improving the efficiency, focus and fairness of the system for holding schools and school systems accountable for preparing students for college and work in the 21
st Century economy."
Whereas, The legislative intent in establishing the Process for Improving Education,
including the Office of Education Performance Audits is, in part, to provide a system for holding
schools and school systems accountable for student performance and progress toward obtaining the
21
st Century knowledge and skills intrinsic in a high quality education, to ensure that education is
delivered in an efficient manner and, further, to provide a method for building the capacity and
improving the efficiency of schools and school systems to improve student performance and progress
including determining areas of strength and exemplary practices of schools and school systems that
contribute to performance and progress and encouraging their emulation in other schools and
systems; and
Whereas, The legislature has enacted other laws intended to encourage local innovation and
decision-making, promote school level leadership and professional development, and increase the
flexibility of schools and school systems to appropriately focus on the instructional and assessment
strategies that best promote the academic performance and progress of their students; and
Whereas, Excessive regulation and monitoring, particularly if applied inconsistently among
schools or systems, which focus on the specific inputs of the education process, such as the
implementation of certain specific processes and strategies for instruction and assessment and the
compliance with rules for certain specific time allocations, resource availability and documentation,
are inefficient and distract attention, energy and focus on the core mission of schools of preparing
students for college and work in the 21
st Century economy; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study on improving the efficiency, focus and fairness of the system for holding schools and school systems
accountable for preparing students for college and work in the 21
st Century economy; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to
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
draft necessary legislation are requested to be paid from legislative appropriations to the Joint
Committee on Government and Finance.
And,
By Delegates M. Poling, Paxton, Fragale, Perry, Shaver, Stowers, D. Walker, Pethtel,
Smith, Lawrence and Moye:
H. C. R. 58 - "Expressing the sense of the Legislature that designating the annual observance
of the week following the Labor Day Holiday as Labor History Week for the State of West Virginia
will increase the awareness and understanding of labor history and the contributions of workers to
the state, nation and world."
Whereas, According to the United States Department of Labor Bureau of Labor Statistics,
in 2008, one hundred twelve thousand West Virginians were represented by unions; and
Whereas, Some of the most significant labor events in the history of the United States
happened in West Virginia and our state has a rich labor history; and
Whereas, The first Monday in September is recognized nationally and in our state as the
Labor Day Holiday; and
Whereas, By designating the week following the Labor Day Holiday as Labor History
Week, students and the public will have the opportunity to learn about labor history, collective
bargaining, labor management relations and the contributions that workers have made to society and
the workplace; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature requests that the week following the Labor Day Holiday be annually
designated and observed as Labor History Week for the State of West Virginia; and, be it
Further Resolved, That in recognition of and to further the purposes of Labor History Week,
each public school is encouraged to provide instruction during Labor History Week on labor history
including the events and timeliness of the development of workers' rights, the contributions of
specific workers, political leaders, workers' rights advocates, unions and union leaders, and labor
management relations and collective bargaining; and, be it
Further Resolved, That school administrators and teachers have flexibility in designing and
implementing labor history instruction on these topics by integrating them into the existing school
curriculum, holding school assemblies, inviting guest speakers or providing other school activities;
and, be it
Further Resolved, That state institutions of higher education are encouraged to conduct and
promote activities that provide education, awareness and understanding of labor history; and, be it
Further Resolved, That recognized resources for information, materials and speakers
regarding labor history that may assist with activities in the observance of Labor History Week
include, but are not limited to:
(1) The West Virginia Labor History Association;
(2) The West Virginia University Extension Service Institute for Labor Studies and Research;
(3) Labor management relations professors at higher education institutions;
(4) West Virginia Humanities Council;
(5) West Virginia Historical Society;
(6) West Virginia Division of Culture and History; and
(7) The West Virginia State American Federation of Labor and Congress of Industrial
Organizations (WV AFL-CIO); and, be it
Further Resolved, That the observance of Labor History Week is not intended to create a
burden, financial or otherwise, for public schools, teachers or state institutions of higher education;
and, be it
Further Resolved, That the Clerk of the House forward one copy each of this resolution to
the Governor, the State Superintendent of Schools and the respective Chancellors of the Higher
Education Policy Commission and the Council for Community and Technical College Education.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 89 - "A Bill to amend and reenact §8-14-6 and §8-14-17 of the Code
of West Virginia, 1931, as amended, all relating to paid police departments; and establishing that
chiefs or deputy chiefs of police are to return to their previously held position within the paid police
department following expiration of term as chief or deputy chief"; which was referred to the
Committee on Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 354 - "A Bill to amend and reenact §17C-4-1, §17C-4-2, §17C-4-3,
§17C-4-5, §17C-4-6, §17C-4-7, §17C-4-8, §17C-4-9, §17C-4-10, §17C-4-11, §17C-4-14, §17C-4-15
and §17C-4-16 of the Code of West Virginia, 1931, as amended, all relating to reporting crashes to
a law-enforcement agency; updating certain terminology; increasing property damage notification
threshold; setting penalties for certain crashes; updating law-enforcement reporting requirements;
and changing responsibility for receiving reports and preparation of reports to the Division of
Highways"; which was referred to the Committee on Roads and Transportation then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 382 - "A Bill to amend and reenact §22-6-22 of the Code of West Virginia, 1931, as
amended, relating to the reporting of certain geologic information obtained incidental to oil and gas
drilling; requiring the filing of reports with the Department of Environmental Protection and the state
Geological and Economic Survey; providing for the delivery of core samples and well cuttings to
the state Geological and Economic Survey; and assuring the confidentiality of reports and other
information provided"; which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 391 - "A Bill to amend and reenact §18-5-1a of the Code of West Virginia, 1931, as
amended, relating to eligibility of members; and training requirements."
At the request of Delegate Boggs, and by unanimous consent, reference of the bill (S. B. 391)
to a committee was dispensed with.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Manchin, Reynolds, Longstreth, Shott, Hatfield, Fleischauer, Doyle,
Stowers and Caputo:
H. B. 4520 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §30-3-19, relating to prohibiting healthcare providers from
discriminating against or refusing treatment of a patient"; to the Committee on Health and Human
Resources then the Judiciary.
By Delegates Varner, Perry, White, Kominar, Cann, Shaver, Perdue, Williams,
Stowers, Hunt and Miley:
H. B. 4521 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-15-9n, relating to creating a sales tax holiday for purchases
of guns and ammunition during the first weekend in October"; to the Committee on Finance.
By Delegates Klempa, Caputo, Miley, Fragale, Ferro, Longstreth, Manchin, Ellem,
Shott and Frazier:
H. B. 4522 - "A Bill to amend and reenact §60-2-15 of the Code of West Virginia, 1931, as
amended, relating to making the Alcohol Beverage Control Commissioner promulgate consistent regulations of advertisements in bars of alcoholic liquors and nonintoxicating beers"; to the
Committee on the Judiciary.
By Delegates Longstreth, T. Walker, Guthrie, Poore and Mahan:
H. B. 4523 - "A Bill to amend and reenact §30-40-7, §30-40-11, §30-40-12 and §30-40-13
of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new
section, designated §30-40-29, all relating to requiring applicants for, and holders of, licenses under
the West Virginia Real Estate License Act to successfully pass criminal history record checks;
granting the West Virginia Real Estate Commission with the authority to perform the criminal
history record checks; requiring the applicants and licensees to cover the costs of performing the
criminal history record checks; and providing rulemaking authority"; to the Committee on
Government Organization then the Judiciary.
By Delegates Martin, Kominar, Reynolds, D. Walker and Morgan:
H. B. 4524 - "A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931,
as amended; to amend and reenact §17A-6-1 of said code; and to amend and reenact §17F-1-9 of
said code, all relating to a revision of the definition of 'all-terrain vehicle' and the inclusion of a
definition for utility terrain vehicle"; to the Committee on Roads and Transportation then
Government Organization.
By Delegates Caputo, Miley, Hunt, Butcher, Craig, Boggs, Mahan, Kominar, Varner,
Hamilton and White:
H. B. 4525 - "A Bill to amend and reenact §22A-1-21 of the Code of West Virginia, 1931,
as amended; to amend and reenact §22A-2A-301, §22A-2A-304 and §22A-2A-310 of said code; to
amend and reenact §22A-6-1, §22A-6-3, §22A-6-4, §22A-6-6 and §22A-6-7 of said code; to amend and reenact §22A-7-4, §22A-7-5 and §22A-7-6 of said code; and to amend and reenact §22A-11-2
and §22A-11-3 of said code, all relating to changing the composition, powers and responsibilities
of the board of Coal Mine Health and Safety"; to the Committee on Government Organization then
the Judiciary.
By Delegates Spencer, Fleischauer, Staggers, Klempa, Hunt, Kominar and Campbell:
H. B. 4526 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §17C-14-15, relating to requiring the removal of ice and snow from
vehicles before operating them on highways; and imposing criminal penalties for failure to do so";
to the Committee on Roads and Transportation then the Judiciary.
Special Calendar
Third Reading
Com. Sub. for H. J. R. 101, Commercial and Industrial Tangible Personal Property Tax
Exemption Amendment; on third reading, coming up in regular order, with an amendment pending
and the further right to amend, was reported by the Clerk.
Delegate Lane moved to amend the resolution on page one, line twenty six, after the word
"finance", by inserting a new section, designated section §1b, to read as follows:
"
§1b. Property tax limitation and homestead exemption amendment of 1982.
Ad valorem property taxation shall be in accordance with this section and other applicable
provisions of this article not inconsistent with this section.
Subsection A -- Value; Rate of Assessment; Exceptions
Notwithstanding any other provisions of this Constitution and except as otherwise provided
in this section, all property subject to ad valorem taxation shall be assessed at sixty percent of its value, as directed to be ascertained in this section, except that the Legislature may from time to time,
by general law agreed to by two thirds of the members elected to each house, establish a higher
percentage for the purposes of this paragraph, which percentage shall be uniform as to all classes of
property defined in section one of this article, but not more than one hundred percent of such value.
Notwithstanding the foregoing, for July 1, 1982, and the first day of July of each year
thereafter until the values may be fixed as a result of the first statewide reappraisal hereinafter
required, assessments shall be made under the provisions of current statutory law, which is hereby
validated for such purpose until and unless amended by the Legislature. Assessment and taxation
in accord with this section shall be deemed to be equal and uniform for all purposes.
Subsection B -- Determination of Value
The Legislature shall provide by general law for periodic statewide reappraisal of all
property, which reappraisal shall be related for all property to a specified base year which, as to each
such reappraisal, shall be uniform for each appraisal for all classes of property and all counties. In
such law, the Legislature shall provide for consideration of: (1) Trends in market values over a fixed
period of years prior to the base year; (2) the location of the property; and (3) such other factors and
methods as it may determine:
Provided, That with respect to reappraisal of all property upon the
base year of 1980, such reappraisals are deemed to be valid and in compliance with this section:
Provided, however, That with respect to farm property, as defined from time to time by the
Legislature by general law, the determination of value shall be according to its fair and reasonable
value for farming purposes, as may be defined by general law.
The results of each statewide appraisal shall upon completion be certified and published and
errors therein may be corrected, all as provided by general law. The first such statewide appraisal shall be completed, certified and published on or before March 31, 1985, for use when directed by
the Legislature.
The Legislature shall further prescribe by general law the manner in which each statewide
reappraisal shall be employed to establish the value of the various separately assessed parcels or
interests in parcels of real property and various items of personal property subject to ad valorem
property taxation, the methods by which increases and reductions in value subsequent to the base
year of each statewide reappraisal shall be ascertained, and require the enforcement thereof.
Subsection C -- General Homestead Exemption
Notwithstanding any other provisions of this Constitution to the contrary, the first
twenty
thirty thousand dollars of assessed valuation of any real property, or of personal property in the form
of a mobile home, used exclusively for residential purposes and occupied by the owner or one of the
owners thereof as his
or her residence who is a citizen of this state and who is sixty-five years of age
or older or is permanently and totally disabled as that term may be defined by the Legislature, shall
be exempt from ad valorem property taxation, subject to such requirements, limitations and
conditions as shall be prescribed by general law.
Provided, That if the owner or owners are citizens of this state whose Federal adjusted gross
income is equal to or less than 200 percent of the Federal poverty level as that term is defined by the
Federal government then such exemption shall be the greater of the first thirty thousand dollars of
assessed valuation of any real property or fifty percent of the average home sale price in the county
where the residence is located for the five years immediately preceding the assessment; and
Provided further, That in no case shall this exemption exceed the average home sale price
in the entire state for the five years immediately preceding the assessment.
Notwithstanding any other provision of this Constitution to the contrary, the Legislature shall
have the authority to provide by general law for an exemption from ad valorem property taxation in
an amount not to exceed the first twenty thousand dollars of value of any real property, or of personal
property in the form of a mobile home, used exclusively for residential purposes and occupied by
the owner or one of the owners thereof as his
or her residence who is a citizen of this state, and who
is under sixty-five years of age and not totally and permanently disabled:
Provided, That upon
enactment of such general law, this exemption shall only apply to such property in any county in
which the property was appraised at its value as of January 1, 1980, or thereafter, as determined by
the Legislature, and this exemption shall be phased in over such period of time not to exceed five
years from the date such property was so appraised, or such longer time as the Legislature may
determine by general law:
Provided, however, That in no event shall any one person and his
or her
spouse, or one homestead be entitled to more than one exemption under these provisions:
Provided
further, That these provisions are subject to such requirements, limitations and conditions as shall
be prescribed by general law.
The Legislature shall have the authority to provide by general law for property tax relief to
citizens of this state who are tenants of residential or farm property.
Subsection D -- Additional Limitations on Value
With respect to the first statewide reappraisal, pursuant to this section, the resulting increase
in value in each and every parcel of land or interest therein and various items of personal property
subject to ad valorem property taxation over and above the previously assessed value shall be
allocated over a period of ten years in equal amounts annually.
The Legislature may by general law also provide for the phasing in of any subsequent statewide reappraisal of property.
Subsection E -- Levies for Free Schools
In equalizing the support of free schools provided by state and local taxes, the Legislature
may require that the local school districts levy all or any portion of the maximum levies allowed
under section one of this article which has been allocated to such local school districts.
Within the limits of the maximum levies permitted for excess levies for schools or better
schools in sections one and ten of this article, the Legislature may, in lieu of the exercise of such
powers by the local school districts as heretofore provided, submit to the voters, by general law, a
statewide excess levy, and if it be approved by the required number of voters, impose such levy,
subject however to all the limitations and requirements for the approval of such levies as in the case
of a district levy. The law submitting the question to the voters shall provide, upon approval of the
levy by the voters, for the assumption of the obligation of any local excess levies for schools then
in force theretofore authorized by the voters of a local taxing unit to the extent of such excess levies
imposed by the state and so as to avoid double taxation of those local districts. The Legislature may
also by general law reserve to the school districts such portions of the power to lay authorized excess
levies as it may deem appropriate to enable local school districts to provide educational services
which are not required to be furnished or supported by the state. If a statewide excess levy for the
support of free schools is approved by the required majority, the revenue from such a statewide
excess levy shall be deposited in the State Treasury and be allocated first for the local obligations
assumed and thereafter for such part of the state effort to support free schools, by appropriation or
as the law submitting the levy to the voters shall require, as the case may be.
The defeat of any such proposed statewide excess levy for school purposes shall not in any way abrogate or impair any local existing excess levy for such purpose nor prevent the adoption of
any future local excess levy for such purpose.
Subsection F -- Implementation
In the event of any inconsistency between any of the provisions of this section and other
provisions of this Constitution, the provisions of this section shall prevail. The Legislature shall
have plenary power to provide by general law for the equitable application of this article and, as to
taxes to be assessed prior to the first statewide reappraisal, to make such laws retroactive to July 1,
1982, or thereafter."
Delegate Boggs arose to a point of order as to the germaneness of the amendment.
The Speaker, following consultation with the Clerk, replied that the fundamental purpose of
the Joint Resolution was to provide a discretionary exemption from ad valorem taxation of tangible
personal property directly used in commercial and industrial businesses, and the fundamental
purpose of the amendment offered was to include increased homestead exemption provisions. Those
distinctions being recited, the Speaker ruled the fundamental purpose of the amendment was not
germane to the fundamental purpose of the bill to which it was offered.
There being no further amendments, and having been engrossed, the resolution was then read
a third time.
On the adoption of the resolution, the yeas and nays were taken
(Roll No. 46), and there
were--yeas 95, nays 1, absent and not voting 4, with the yeas, nays and absent and not voting being
as follows:
Yeas: Anderson, Andes, Armstead, Ashley, Azinger, Beach, Blair, Boggs, Border, Brown,
Butcher, Campbell, Cann, Canterbury, Caputo, Carmichael, Cowles, Craig, Crosier, Doyle, Duke, Eldridge, Ennis, Evans, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton,
Hartman, Hatfield, Hunt, Hutchins, Iaquinta, Ireland, Klempa Kominar, Lane, Lawrence, Longstreth,
Louisos, Manchin, Manypenny, Marshall, Martin, McGeehan, Michael, Miley, C. Miller, J. Miller,
Moore, Morgan, Moye, Overington, Paxton, Perdue, Perry, Pethtel, D. Poling, M. Poling, Poore,
Porter, Reynolds, Rodighiero, Romine, Ross, Rowan, Schadler, Schoen, Shaver, Shook, Shott, Skaff,
Smith, Sobonya, Spencer, Staggers, Stephens, Stowers, Sumner, Susman, Swartzmiller, Talbott,
Varner, D. Walker, T. Walker, Walters, Wells, White, Williams, Wooton and Mr. Speaker, Mr.
Thompson.
Nays: Phillips.
Absent And Not Voting: Argento, Barker, Ellem and Mahan.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the resolution (Com. Sub. for H. J. R. 101) adopted, as follows:
Com. Sub. for H. J. R. 101 - "Proposing an amendment to the Constitution of the State of
West Virginia, amending article X thereof by adding thereto a new section, designated section one-d,
relating to authorizing the exemption from ad valorem taxation of tangible personal property directly
used in commercial and industrial businesses; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of such proposed amendment."
Resolved by the Legislature of West Virginia, two thirds of the members elected to each
house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State
of West Virginia be submitted to the voters of the state at the next general election to be held in the
year two thousand ten, which proposed amendment is that article X thereof be amended by adding thereto a new section, designated section one-d, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§1d. Discretionary exemption from ad valorem taxation of tangible personal property directly
used in commercial and industrial businesses.
Notwithstanding any other provision of this constitution, the Legislature may by law
authorize counties to exempt, by ordinance, tangible personal property directly used in commercial
and industrial businesses, but not in public utility businesses, from ad valorem property tax. The
Legislature may prescribe and limit by law the tangible personal property qualified for such
exemption, and counties may exempt all property so designated by the Legislature, or such
components thereof as the county commission may designate. Any exemption established pursuant
to this section is limited to qualified tangible personal property newly entered on the property tax
rolls as of a prospective date certain and thereafter. Notwithstanding section one, article ten of this
constitution, taxation shall be equal and uniform throughout the county for any county adopting any
exemption pursuant to this section.
Resolved further, That in accordance with the provisions of article eleven, chapter three of
the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered
"Amendment No. 1" and designated as the "Commercial and Industrial Tangible Personal Property
Tax Exemption Amendment" and the purpose of the proposed amendment is summarized as follows:
"The purpose of this amendment is to allow counties to exempt from ad valorem taxation tangible
personal property newly entered on the property tax rolls as of a prospective date certain and
thereafter and directly used in commercial and industrial businesses, but not in public utility
businesses, or such components thereof as the county commission may designate, pursuant to legislative authorization.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4034, Authorizing any municipality to enact by ordinance a vacant
property registration program; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 47),
and there were--yeas 79, nays 17, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Blair, Border, Cowles, Ireland, Lane, Louisos,
McGeehan, C. Miller, J. Miller, Porter, Romine, Schoen, Sobonya and Walters.
Absent And Not Voting: Argento, Barker, Ellem and Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4034) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4143, Relating to emergency medical services; on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 48),
and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Barker, Ellem and Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4143) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4157, Removing outdated sunset language; on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 49),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Argento, Barker, Beach, Ellem and Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4157) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4176, Relating to credentialing of health care practitioners; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 50),
and there were--yeas 86, nays 9, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Fleischauer, Lane, McGeehan, J. Miller, Schoen, Shook and
Walters.
Absent And Not Voting: Argento, Barker, Beach, Ellem and Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4176) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4210, Requiring the Public Employees Insurance Agency Finance
Board to have a quorum of five members present at any public hearing; on third reading, coming up
in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 51),
and there were--yeas 94, nays 1, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Andes.
Absent And Not Voting: Argento, Barker, Beach, Ellem and Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4210) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 52), and there were--yeas 95, nays
none, absent and not voting 5, with the absent and not voting being as follows:
Absent And Not Voting: Argento, Barker, Beach, Ellem and Mahan.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 4210) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 4212, Requiring PSC update railroad walkway safety regulations,
H. B. 4277, Authorizing the Secretary of the Department of Environmental Protection to
issue National Pollutant Discharge Elimination System permits,
Com. Sub. for H. B. 4354, Relating to conditions and arrests in domestic violence matters,
H. B. 4361, Removing provisions prohibiting sharing domestic violence information with
other governments,
And,
H. B. 4416, Declaring certain claims against the state and its agencies to be moral obligations
of the state and directing payments thereof .
At the request of Delegate Boggs, and by unanimous consent, House Rule 69, relating to bills
on the Local Calendar, was suspended and the House proceeded to consideration of
Com. Sub. for
H. B. 2050, Expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority
to include Cabell, Mason and Jackson counties; and increasing the number of members.
Unanimous consent having been obtained, the bill was then taken up for immediate
consideration, read a first time and ordered to second reading.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Argento, Barker, Ellem and Mahan.
Miscellaneous Business
Unanimous consent having been obtained, Delegate Beach delivered certain remarks to the House in which he referenced the recognition bestowed upon the 1
st Battalion, 201
st Field Artillery,
by the United States Department of the Army. He pointed out that the designation as the "First West
Virginia" had been bestowed to mark the oldest unit in the U.S. Army with continuous active service
since the 17
th of February, 1735.
Delegate Moye asked and obtained unanimous consent that the foregoing remarks of
Delegate Beach be printed in the Appendix to the Journal.
At 12:26 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 18,
2010.