__________*__________
Wednesday, February 27, 2008
FIFTIETH 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 26, 2008, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 65 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §18-2-35a, relating to establishment of the school
uniforms incentive plan pilot program; providing funding for certain public elementary schools
which adopt and implement school uniform policies; directing how funds may be spent; and
requiring progress report to the Legislative Oversight Commission on Education Accountability";
which was referred to the Committee on Education then Finance.
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. 101 - "A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as
amended, relating to providing an exemption from property taxation for property used by nonprofit
corporations for providing electricity to residents of this state"; which was referred to the Committee
on Finance.
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. 142 - "A Bill to amend and reenact §5-1-16a of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated
§61-11-26, all relating to expungement of certain criminal records generally; changing time frames
for petitions for expungement after gubernatorial pardons; authorizing expungement of certain
criminal convictions committed between the ages of eighteen and twenty-six; exceptions; and
establishing procedures"; 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 and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 227 - "A Bill to amend and reenact §18-7A-3, §18-7A-13, §18-7A-14,
§18-7A-28c and §18-7A-34 of the Code of West Virginia, 1931, as amended, all relating to the State
Teachers' Retirement System; defining terms; clarifying when membership ceases in the State
Teachers' Retirement System; providing for correction of errors; permitting rollovers of any dollar
amount; and permitting subsequent loans to members"; which was referred to the Committee on
Finance.
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. 280 - "A Bill to amend and reenact §8-13B-3, §8-13B-5, §8-13B-7,
§8-13B-11 and §8-13B-14 of the Code of West Virginia, 1931, as amended, all relating to modifying
the Downtown Redevelopment Act and specifying additional expenditures from the Downtown
Redevelopment District Fund"; which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 287 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §18B-18A-1, §18B-18A-2, §18B-18A-3, §18B-18A-4,
§18B-18A-5, §18B-18A-6, §18B-18A-7, §18B-18A-8, §18B-18A-9, §18B-18A-10, §18B-18A-11
and §18B-18A-12, all relating to public higher education; research; establishing the West Virginia
Research Trust Fund; legislative findings; defining terms; creating special account in the State
Treasury; providing for allocation of moneys; authorizing Marshall University and West Virginia
University to establish directed research endowments; providing requirements for and administration
of directed research endowments; authorizing use of investment earnings; prohibiting expenditure
of principal in directed research endowments; providing criteria and restrictions for qualified private
donations and qualified private donation pledges; establishing eligible uses of directed research
endowment proceeds; requiring directed research endowment plans; establishing criteria and
procedures for distribution of matching moneys from the West Virginia Research Trust Fund and
providing for reallocation of moneys under certain conditions; requiring participating institutions to
return unmatched moneys to the trust fund under certain circumstances; authorizing distribution of
certain moneys to state colleges; directing and authorizing Higher Education Policy Commission to
promulgate rules; and requiring annual reports"; which was referred to the Committee on Finance.
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. 297 - "A Bill to amend and reenact §18-9D-2, §18-9D-6, §18-9D-8, §18-9D-13 and
§18-9D-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto
a new section, designated §18-9D-4b; and to amend and reenact §29-22-18a of said code, all relating
generally to the School Building Authority; modifying definitions and qualifications of construction
projects and major improvement projects; authorizing the School Building Authority to issue bonds
by using moneys deposited in the Excess Lottery School Building Debt Service Fund from the State
Excess Lottery Fund; providing that moneys from the State Excess Lottery Fund are deposited into
the Excess Lottery School Building Debt Service Fund; and clarifying the powers of the authority
in issuing bonds"; which was referred to the Committee on Finance.
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. 323 - "A Bill to amend and reenact §8-20-10 of the Code of West
Virginia, 1931, as amended; to amend and reenact §16-13-16 and §16-13-23a of said code; and to
amend and reenact §16-13A-9 of said code, all relating to the establishment and operation of
stormwater systems; authorizing municipalities to set rates, charges and fees for stormwater services;
providing that water service may be terminated for nonpayment of stormwater service fees;
authorizing municipalities to adopt ordinances or regulations to allow issuance of orders, entry on
property, setting fines and penalties for violation of stormwater law; establishing requirements for
notice of violations; authorizing municipality to correct violations and collect cost from violator; and
providing that the owner, occupant or tenant of real property is deemed to be served by a stormwater
system under certain circumstances"; 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 and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 476 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-6, relating to allowing state eligible employees
hired prior to the first day of July, two thousand one, to be paid for unused sick leave days in excess
of fifty days once per year; creating the State Employee Sick Leave Fund; naming the State Auditor
as administrator of the fund; and authorizing rulemaking to implement the provisions of this
section"; which was referred to the Committee on Finance.
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. 503 - "A Bill to amend and reenact §22-1-6 of the Code of West Virginia, 1931, as
amended, relating to authorizing the Secretary of the Department of Environmental Protection to
require solid waste facility permit applicants and specified others connected with applicants and
permittees to furnish fingerprints for the purpose of conducting state and federal criminal history
checks"; 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
Com. Sub. for S. B. 507 - "A Bill to amend and reenact §3-1-20, §3-1-22, §3-1-29, §3-1-34
and §3-1-41 of the Code of West Virginia, 1931, as amended, all relating to general provisions and
definitions for elections; requiring cards of instructions to voters to include notice as to effect of
voting provisional ballot and right to request location of correct precinct; requiring posting of cards
of instruction at voting places; requiring board of ballot commissioners to provide election officials
with a list of county precincts and a voter registration list; eliminating provisions requiring election
official trainees to be volunteers receiving credits for high school diploma and to be appointed by
county commission or municipality where the election is held; clarifying that prohibition against
using counting board in special elections is discretionary with the county commission; requiring poll
clerk to notify prospective voter of effect of voting provisional ballot and of correct precinct in which to vote; and updating language relating to signatures to reflect use of electronic poll books and other
electronic devices"; 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 and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 536 - "A Bill to amend and reenact §17A-3-23 of the Code of West
Virginia, 1931, as amended, relating to exempting vehicles operated by probation officers under the
Supreme Court of Appeals from registration requirements for state cars"; 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. 541 - "A Bill to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as
amended, relating to extending the personal income tax adjustment to the gross income of certain
retirees receiving pensions from defined pension plans that terminated and are being paid a reduced
maximum benefit guarantee"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 564 - "A Bill to amend and reenact §18-19-2 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §18B-10-5 and §18B-10-6 of said code, all
relating to waivers of higher education tuition and fees; clarifying eligibility requirements for certain
applicants; changing method of calculating limits on waivers of tuition and fees; and exempting
tuition and fee waivers granted to higher education employees, spouses and dependents and all
tuition and fee waivers authorized by statute from calculation of limits on percentage of tuition and
fee waivers granted by state institutions of higher education"; which was referred to the Committee on Education then Finance.
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. 567 - "A Bill to amend and reenact §17F-1-1, §17F-1-3, §17F-1-7 and
§17F-1-9 of the Code of West Virginia, 1931, as amended, all relating to the regulation of all-terrain
vehicles; prohibiting operation on paved roads; and providing for regulation of all-terrain vehicles
by local government authorities"; which was referred to the Committee on Roads and Transportation
then Government Organization.
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
Com. Sub. for S. B. 593 - "A Bill to amend and reenact §18-9A-11 of the Code of West
Virginia, 1931, as amended, relating to school finance; computation of local share; limit on certain
library funding obligations; and transfer of a library funding obligation to an excess levy"; which was
referred to the Committee on Education then Finance.
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. 600 - "A Bill to amend and reenact §5-11-2, §5-11-3, §5-11-4, §5-11-8,
§5-11-9 and §5-11-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact
§5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful discriminatory
practices generally; prohibiting discrimination based upon age or sexual orientation in housing; and
defining 'sexual orientation' and 'age'; and exempting certain religious organizations and nonprofit
organizations from sexual orientation proscriptions based upon religious beliefs or tenets"; 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 and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 611 - "A Bill to amend and reenact §18A-3-1a and §18A-3-3 of the
Code of West Virginia, 1931, as amended, all relating to certification of professional educators;
alternative programs for the education of teachers; increasing the minimum age to qualify for an
alternative program teacher certificate; collaboration with a research and doctoral degree-granting
public institution of higher education in this state; removing required minimum number of hours of
course work for alternative routes to certification; requiring state board rule for the approval and
operation of alternative education programs for certified teachers to obtain an additional
endorsement; and modifying one of the requirements for renewing a professional or first class
certificate based upon a bachelor's degree"; which was referred to the Committee on Education.
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. 634 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §15-1J-1, §15-1J-2, §15-1J-3, §15-1J-4 and §15-1J-5,
all relating to establishing the West Virginia Military Authority; providing for the receipt of federal
and state funds by the West Virginia National Guard; developing and administering security
programs; and hiring of employees"; which was referred to the Committee on Finance.
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. 653 - "A Bill to amend and reenact §33-6-5a of the Code of West Virginia, 1931, as
amended, relating to application requirements for life and accident and sickness insurance"; 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. 654 - "A Bill finding and declaring certain claims against the state and its agencies to
be moral obligations of the state; and directing the Auditor to issue warrants for the payment
thereof"; which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 667 - "A Bill to amend and reenact §8-22-16, §8-22-17, §8-22-19, §8-
22-20, §8-22-20a, §8-22-22, §8-22-22a, §8-22-23a, §8-22-25, §8-22-26a and §8-22-27 of the Code
of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections,
designated §8-22-18a, §8-22-18b and §8-22-19b; and to amend and reenact §33-3-14d and §33-3-33
of said code, all relating to municipal policemen's and firemen's pension and relief funds; amending
calculation of overtime for compensation and average adjusted salary for new employees; requiring
additional duties of fund trustees; creating the West Virginia Municipal Pensions Oversight Board;
specifying powers, duties, liabilities and compensation of oversight board members; requiring
reporting on local pension funds' investment returns; creating the West Virginia Municipal Pensions
Security Fund; transferring certain duties from the State Treasurer to the oversight board and
providing for efficient transition; requiring municipal contributions on a monthly basis; requiring
deposits of certain revenues within five days of receipt; increasing employee contributions to the
pension and relief funds for new employees to nine and one-half percent of salary and permitting
voluntary, irrevocable increases over two years for existing active members; requiring increased
volunteer contributions to receive certain insurance premium tax revenues; setting times for deposits;
requiring certain payments by electronic funds transfer; providing for education, notice and
agreement to increase member contributions over two years; reducing time to qualify for insurance premium tax revenues from three years to eighteen months; providing for annual actuarial report,
for periodic review of the actuarial process and for periodic actuarial audit; setting minimum
standards for annual municipality contributions to pension funds; establishing target funding ratios
of eighty, ninety and one hundred percent of unfunded liabilities; requiring municipal contributions
based on demographic and investment experience; eliminating alternative funding method; defining
terms; providing for contract actuary; requiring report; authorizing local pension boards of trustees
to investment with the state Investment Management Board and Board of Treasury Investments;
requiring compliance with the Uniform Prudent Investor Act; amending authorized investments;
requiring reporting of municipal board's investment policy; requiring reporting of fees and
transactions costs; providing for disability examinations; restricting access by examining physician
to prior disability examination reports; requiring completion of investigation of charge and
implementation of disciplinary action by board of trustees prior to consideration of disability
retirement; authorizing light-duty work at discretion of the municipality and the employee; requiring
reports on disability retirements; providing for vesting after ten years; clarifying supplemental
benefits; defining solvency; clarifying military service credit; reallocating revenues from the
additional fire and casualty insurance premium tax and returning surcharge on fire and casualty
insurance policies to one percent to benefit municipal policemen's and firemen's pensions and relief
funds; providing for deposits into Municipal Pensions Security Fund and for transfer of duties to
Municipal Pensions Oversight Board; providing for interest; requiring information sharing;
establishing minimum standards for employer contributions to plans funded at one hundred ten
percent or more; restricting premium tax revenue to plans funded less than one hundred ten percent
of accrued liability; providing for disbursement by Insurance Commissioner; providing for interest;
providing for retention and investment of certain funds from insurance policy surcharge for five
years for the benefit of municipal policemen's and firemen's pension and relief funds; setting
requirements to qualify for insurance premium surcharge proceeds; providing for distribution; and
setting dates"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 671 - "A Bill to amend and reenact §14-2-8 of the Code of West Virginia, 1931, as
amended, relating to increasing the compensation of the presiding judge of the Court of Claims";
which was referred to the Committee on Finance.
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
Com. Sub. for S. B. 682 - "A Bill to amend and reenact §18B-10-8 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §29-22-18 of said code, all relating to creating
a special revenue fund known as the Community and Technical College Capital Improvement Fund;
providing for depositing funds pledged to repay principal, interest and/or redemption premium on
certain bonds authorized by the commission for community and technical college capital
improvements; and allocating five million dollars to the Higher Education Policy Commission
Community and Technical College Capital Improvement Fund for community and technical college
education capital improvements"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008,
and requested the concurrence of the House of Delegates in the passage, of
Com. Sub. for S. B. 686 - "A Bill to amend and reenact §31-15A-7 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated
§31-15A-7a and §31-15A-10a, all relating to the West Virginia Infrastructure and Jobs Development
Council; providing for the planning, construction and expansion of new or existing water, sewer and
gas lines or facilities and other infrastructure concomitant to the construction of the new roads
projects; providing a tax credit for contributions for planning, construction or expansion of new or existing water and sewer lines; and providing a tax credit for contributing to the completion of
projects recommended by the council and roads associated with such projects"; which was referred
to the Committee on Finance.
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. 697 - "A Bill to amend and reenact §17C-5B-1 of the Code of West Virginia, 1931, as
amended, relating to blood tests for drivers and adult pedestrians killed in motor vehicle accidents;
and authorizing the Chief Medical Examiner to determine qualifications for persons who may obtain
samples and conduct blood tests in order to facilitate full testing"; 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
Com. Sub. for S. B. 699 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §4-11B-1, §4-11B-2, §4-11B-3 and §4-11B-4, all relating
to the establishment of the OxyContin Asset Forfeiture Fund; making legislative findings; providing
that moneys in the fund be appropriated by the Legislature; limiting expenditures; and requiring
annual reports"; which was referred to the Committee on Finance.
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. 704 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §33-13C-1, §33-13C-2, §33-13C-3, §33-13C-4, §33-13C-
5, §33-13C-6, §33-13C-7, §33-13C-8, §33-13C-9, §33-13C-10, §33-13C-11, §33-13C-12, §33-13C-
13, §33-13C-14, §33-13C-15, §33-13C-16, §33-13C-17 and §33-13C-18, all relating to viatical settlements of life insurance policies between life insurance policyholders and third parties;
providing for licensing of viatical settlement providers and brokers; requiring payment of fees;
authorizing proposal of and promulgation of rules, including emergency rules; and providing civil
and criminal penalties for violations."
At the respective requests of Delegate DeLong, and by unanimous consent, reference of the
bill (Com. Sub. for S. B. 704) to a committee was dispensed with, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
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
Com. Sub. for S. B. 720 - "A Bill to amend and reenact §30-6-3 and §30-6-22 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §61-12-9 of said code, all relating
to specifically including the surviving spouse and a designated individual previously chosen by the
deceased as a person who may designate the manner of disposition of a deceased person's body; and
establishing an order of precedence among persons as to disposition of remains"; 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 and requested the concurrence
of the House of Delegates in the passage, of
S. B. 722 - "A Bill to amend and reenact §30-5-3, §30-5-14 and §30-5-21 of the Code of
West Virginia, 1931, as amended, all relating to regulation by the Board of Pharmacy of ambulatory
health care facilities and free clinics who dispense pharmaceuticals"; which was referred to the
Committee on Health and Human Resources then Government Organization.
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. 750 - "A Bill to amend and reenact §33-12-8 of the Code of West
Virginia, 1931, as amended, relating to continuing education credits for active annual membership
in professional organizations or associations for an individual insurance producer"; which was
referred to the Committee on Banking and Insurance then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2008,
and requested the concurrence of the House of Delegates in the passage, of
S. B. 769 - "A Bill to amend and reenact §11B-2-15 of the Code of West Virginia, 1931, as
amended, relating to continuing the permissible annual appropriation of Public Employees Insurance
Reserve Fund moneys for the Bureau for Medical Services of the Department of Health and Human
Resources"; which was referred to the Committee on Finance.
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. 779 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §7-18-15, relating to limitations on expending hotel occupancy tax
proceeds"; which was referred to the Committee on Government Organization then Finance.
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. 780 - "A Bill to amend and reenact §6C-2-1, §6C-2-2, §6C-2-3 and §6C-2-4 of the
Code of West Virginia, 1931, as amended, all relating to the West Virginia Public Employees
Grievance Procedure; clarifying definitions, general provisions and grievance proceedings; defining
'conference' and 'level one hearing'; increasing time to hold a level one hearing; deleting mediation-
arbitration; adding private arbitration; clarifying level three hearing; and making technical
corrections"; which was referred to the Committee on Government Organization 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. 782 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto
a new article, designated §11-6H-1, §11-6H-2, §11-6H-3, §11-6H-4, §11-6H-5 and §11-6H-6, all
relating to a special method of valuation of manufacturing inventory property; providing definitions;
providing the methodology for valuation of manufacturing inventory property; stating that the initial
determination of valuation is to be made by the county assessor; authorizing the protest and appeal
of the assessor's decision; and stating the effective date of the article"; which was referred to the
Committee on Finance.
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. 784 - "A Bill to amend and reenact §7-1-1 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §7-1-1a, all relating
to reforming, altering or modifying county government as authorized in section thirteen, article IX
of the West Virginia Constitution; establishing requirements for reforming, altering or modifying
county commission; and providing for alternative forms of county government"; which was referred
to the Committee on th 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. 785 - "A Bill to amend and reenact §11-16-19 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §49-1-4 of said code, all relating to changing the use of
alcoholic beverages by minors from a status offense to a juvenile delinquent offense"; which was
referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of a joint resolution, which was read by its title and
referred to the Committee on Constitutional Revision then Finance as follows:
S. J. R. 12 - "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 personal property in the form of
manufacturing inventory; authorizing the exemption from ad valorem taxation of other tangible
personal property; numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment."
Resolutions Introduced
Mr. Speaker, Mr. Thompson, and Delegates Burdiss, Long, Frederick and Browning offered
the following resolution, which was read by the Clerk:
H. R. 28 - "Commemorating the life of Charles E. 'Tate' Lohr, former member of the House
of Delegates from Mercer County."
Whereas, Charles E. "Tate" Lohr was born on April 30, 1916, in Moundsville, West
Virginia, son of the late Charles Wilson Lohr and Florence Geneva Guthrie Lohr. He received his
education in the public schools and was a graduate of West Virginia University.
Tate Lohr was married on July 19, 1939, to Mary Elizabeth "Sis" Crumpecker, and they were
the parents of two children-Charles E. II and Mary Elizabeth. His beloved wife preceded him in
death, as did an infant daughter, Patricia Lohr, and a brother, John W. Lohr.
Tate Lohr is survived by his son, Charles E. "Chuck" Lohr, Jr., and his wife Brenda of
Princeton; his daughter, Molly Lohr Robinette and her husband Larry of Bramwell; seven
grandchildren, Amy Gaffney, Dr. Ched Lohr, Chelsey Bourgeois, Jason Robinette, Jamie Robinette,
Amanda Hatfield and Caleb Robinette; a great-grandson, Eric Bourgeois; and a brother, Neil Lohr
of Princeton.
A businessman and coowner of Princeton Pharmacy and Bluewell Pharmacy in Mercer
County, Tate Lohr was an active and good citizen of Mercer County and of the State of West
Virginia, serving nine and one-half terms in the West Virginia House of Delegates from 1960 thru
1976, including service on the Banking and Insurance, Education, Finance, Rules, Legislative Rule
Making Committees.Tate Lohr was influential in bringing outdoor recreation opportunities to the
citizens of Mercer County, and today the Tate Lohr Fish Hatchery and the Tate Lohr Wildlife
Management Area in Mercer County bear his name.
A member of the First United Methodist Church in Princeton, he was the founder of the
M.I.B.C. Sunday School Class, Past Exalted Ruler of the Princeton Elks Lodge No. 1459, and a
member of the Mercer Anglers Club.
Charles E. "Tate" Lohr was a community leader and public servant who helped improve the
lives of his fellow Mercer County citizens, and after long and productive years, "Tate" Lohr departed
this earthly life on December 25, 2007, at the age of ninety-one, and his passing should not go
unnoticed by this House; therefore, be it
Resolved by the House of Delegates:
That regret is hereby expressed by the members of the House of Delegates at the passing of
Charles E. "Tate" Lohr, former member of the House of Delegates from Mercer County; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this
resolution to the surviving family members of Charles E. "Tate" Lohr.
At the respective request of Delegate DeLong, and by unanimous consent, reference of the
resolution (H. R. 28) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were reported
by the Clerk and adopted.
H. C. R. 33, Requesting that the Joint Committee on Government and Finance authorize the
study of an increase in the prevalence of coal workers' pneumoconiosis,
H. C. R. 61, Requesting the Joint Committee on Government and Finance to study the
development of an intermodal transportation facility to promote economic development in Southern
West Virginia,
H. C. R. 63, Requesting the Joint Committee on Government and Finance to study
sustainable funding methods to develop creative communities prepared to embrace opportunities in
the new economy,
And,
H. C. R. 72, Requesting the Joint Committee on Government and Finance to study existing
autism services.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Third Reading
H. B. 2930, Providing that an applicant for a farm use exemption certificate may not be
required to appear before any assessor for renewal; 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. 217),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Craig and Frederick.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2930) 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. 3065, Relating to making false reports of child abuse, sexual abuse and domestic violence; on third reading, coming up in regular order, with an amendment pending, was
reported by the Clerk.
On motion of Delegate Webster, the bill was amended on page six, section two hundred and
nine, line seventy-three, by striking out the word "five" and inserting in lieu thereof the word "three".
On page eight, section three hundred one-a, line seven, by striking out the word "section" and
inserting in lieu thereof the word "subsection".
On page eight, section three hundred one-a, line eight, by striking out the words "section
nine" and the comma and inserting in lieu thereof "sections two and nine of".
And,
On page eight, section three hundred one-a, line twelve, by striking the words "section nine"
and the comma.
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 218),
and there were--yeas 85, nays 13, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Brown, Campbell, Canterbury, Fragale, Guthrie, Hartman, Hatfield, Higgins, Klempa,
Mahan, Perdue, Schoen and Wells.
Absent And Not Voting: Craig and Frederick.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3065) 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. 4047, Prohibiting the use of cell phone and text-messaging devices
while operating a motor vehicle except when using a hands-free device or in the case of an
emergency; 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. 219), and there were--yeas 56, nays 42, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Anderson, Andes, Armstead, Ashley, Blair, Border, Browning, Carmichael, Cowles,
Duke, Eldridge, Ellem, Ellis, Hartman, Higgins, Hutchins, Ireland, Lane, Long, Michael, C. Miller,
J. Miller, Moye, Overington, Palumbo, Reynolds, Rodighiero, Romine, Schoen, Shaver, Sobonya,
Spencer, Staggers, Stalnaker, Stemple, Stephens, Sumner, Tabb, Tansill, Walters, Williams and
Wysong.
Absent And Not Voting: Craig and Frederick.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4047) 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. 4126, Prohibiting the Commissioner of Culture and History from
merging the archives library and the lending library; on third reading, coming up in regular order,
was reported by the Clerk.
At the request of Delegate DeLong, and by unanimous consent, further consideration of the
bill (Com. Sub. for H. B. 4126) was deferred.
Com. Sub. for H. B. 4304, Revised Anatomical Gift Act; on third reading, coming up in
regular order, with an amendment pending, was reported by the Clerk.
Delegate Kessler moved to amend the bill on page seventeen, section seven, line seventeen,
following the period, by inserting the following subsection:
"(4) The Division of Motor Vehicles shall establish a process for persons receiving driver's
licenses or identification cards to make one of two choices regarding organ donations. (1) that he
or she does want to be an organ donor; (2) that he or she does not want to be an organ donor. The
division shall as part of its record keeping process for organ procurement, retain this information for
each licensee, and provide this information to the procurement organization, upon proper request."
On the adoption of the amendment, Delegate Kessler demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 220), and there were--yeas
34, nays 64, absent and not voting 2, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Barker, Blair, Border, Burdiss, Canterbury, Carmichael, Duke,
Eldridge, Ellis, Evans, Gall, Hamilton, Higgins, Iaquinta, Ireland, Kessler, Lane, Longstreth, Miley,
C. Miller, J. Miller, Moye, Reynolds, Rodighiero, Romine, Rowan, Schadler, Schoen, Shaver,
Stephens, Sumner and Walters.
Absent And Not Voting: Craig and Frederick.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 221),
and there were--yeas 89, nays 9, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Barker, Evans, Kessler, Lane, Porter, Romine, Schadler, Schoen and Walters.
Absent And Not Voting: Craig and Frederick.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4304) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Stalnaker noted to the Clerk that he was absent on yesterday when the votes were
taken on Roll Nos. 199 through 216, and that had he been present, he would have voted "Yea" on
Roll Nos. 199 through 202, "Nay" on Roll No. 203, "Yea" on Roll Nos. 204 through 209, "Nay"
on Roll Nos. 210 and 211, and "Yea" on Roll Nos. 212 through 216.
At 12:52 p.m., on motion of Delegate DeLong, the House of Delegates recessed until 2:30 p.m., and reconvened at that time.
* * * * * * * *
Afternoon Session
* * * * * * * *
Reordering of the Calendar
Delegate DeLong announced that the Committee on Rules had transferred
Com. Sub. for
4126, on third reading, Special Calendar, to the House Calendar.
Third Reading
(Continued)
Com. Sub. for H. B. 4307, Relating to bona fide residents wholly or solely owning
greyhounds; on third reading, coming up in regular order, with an amendment pending, was reported
by the Clerk.
On motion of Delegates Webster, Varner and DeLong, the bill was amended on page ten,
section ten, line one hundred fifty-three, immediately following the word "an", by striking the words
"occupational permit" and inserting in lieu thereof the words "appropriate license from the West
Virginia Racing Commission".
On page eleven, section ten, line one hundred sixty-nine, following the word "Commission",
by striking out the words "and the West Virginia registered greyhound owners and breeders
association".
And,
On page thirteen, section ten, line two hundred nine, immediately following the word "start"
by striking out the colon and inserting in lieu thereof a period, and by striking out the language which
follows immediately thereafter, beginning with the word "Provided" on line two hundred four and
continuing through the word "start" on line two hundred and thirteen, and a period.
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 222), and there were--yeas 88, nays 8, absent and not voting 4, with the nays and absent and not voting
being as follows:
Nays: Border, Brown, Canterbury, Duke, Kessler, C. Miller, Sumner and Tansill.
Absent and Not Voting: Craig, Frederick, Longstreth and Schoen.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4307) 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. 4381, Relating to an assigned risk plan and guaranty association
account for workers' compensation insurance; 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. 223),
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: Craig, Ennis, Frederick and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4381) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4568, Requiring accident and sickness insurance providers and HMO's to cover the
treatment of Lyme disease; on third reading, coming up in regular order, was, on motion of Delegate
DeLong, laid over one day.
H. B. 4618, Viatical Settlements Act; on third reading, coming up in regular order, was, on
motion of Delegate DeLong, laid upon the table.
Com. Sub. for H. B. 4636, Making changes to workers' compensation insurance; 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. 224),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Kessler.
Absent and Not Voting: Craig, Frederick and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4636) 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. 4643, Establishing an Office of Minority Business Development within
the West Virginia Development Office; 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. 225),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4643) 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. 4476, Public-Private Transportation Facilities Act; on third reading,
coming up in regular order, was reported by the Clerk.
Delegate Fleischauer asked and obtained unanimous consent that the rule be suspended to
permit the offering and consideration of an amendment to the bill on third reading.
Delegate Fleischauer moved to amend the bill on page twenty-five, section nine, line fifty-
nine, after the word "facility" by changing the period to a colon and inserting the following:
" Provided, That the comprehensive agreement shall contain a mechanism for relief to low-
income users from all or a portion of the user fees applicable to the qualified transportation facility."
The question being the adoption of the amendment, the same was put and did not prevail.
Delegate DeLong requested that the Clerk record him as having voted "Yea" thereon.
Having been engrossed, the bill was then read a third time.
Delegates Armstead and Browning requested to be excused from voting on the passage of
Com. Sub. for H. B. 4476 under the provisions of House Rule 49.
The Speaker refused to excuse the Members from voting, stating that they were members of
a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 226),
and there were--yeas 70, nays 27, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Armstead, Blair, Border, Cann, Cowles, Doyle, Duke, Guthrie, Hartman, Iaquinta,
Ireland, Kessler, Lane, Michael, C. Miller, J. Miller, Overington, Romine, Schadler, Shaver,
Sobonya, Sumner, Tabb, Tansill, Walters, Williams and Wysong.
Absent and Not Voting: Craig, Frederick and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4476) 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. 4664, Clarifying the purpose of the Purchasing Division; on third
reading, coming up in regular order, was reported by the Clerk.
Delegate Morgan asked and obtained unanimous consent that the rule be suspended to permit
the offering and consideration of an amendment to the bill on third reading.
On motion of Delegate Morgan, the bill was amended on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §5A-3-27 of the Code of West Virginia, 1931, as amended, be repealed; and that §5A-
3-1, §5A-3-11, §5A-3-11a, §5A-3-12 and §5A-3-45 of said code be amended and reenacted, all to
read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-1. Division created; purpose; director; applicability of article; continuation.
There is hereby created (a) The Purchasing Division of the Department of Administration is
continued for the purpose of establishing centralized offices to provide purchasing, and travel and
leasing services to the various state agencies. No person shall may be appointed director of the
Purchasing Division unless that person is, at the time of appointment, a graduate of an accredited
college or university and shall have has spent a minimum of ten of the fifteen years immediately
preceding his or her appointment employed in an executive capacity in purchasing for any unit of
government or for any business, commercial or industrial enterprise. The provisions of this article
shall apply to all of the spending units of state government, except as is otherwise provided by this
article or by law.: Provided, That
(b) The provisions of this article shall do not apply to the legislative branch unless otherwise
provided or the Legislature or either house thereof requests the director to render specific services
under the provisions of this chapter, nor to purchases of stock made by the Alcohol Beverage Control
Commissioner, nor to purchases of textbooks for the state Board of Education.
§5A-3-11. Purchasing in open market on competitive bids; debarment; bids to be based on
written
specifications; period for alteration or withdrawal of bids; awards to
lowest responsible bidder; uniform bids; record of bids; requirements of
vendors to pay taxes, fees and debts; and exception.
(a) The director may make a purchase of commodities, printing, and services of twenty-five
thousand dollars or less in amount in the open market, but the purchase shall, wherever possible, be
based on at least three competitive bids, and shall include the cost of maintenance and expected life of the commodities if the director determines there are nationally accepted industry standards for the
commodities being purchased.
(b) The director may authorize spending units to purchase commodities, printing and services
in the amount of two thousand five hundred dollars or less in the open market without competitive
bids: Provided, That the cost of maintenance and expected life of the commodities must be taken
into consideration if the director determines there are nationally accepted industry standards for the
commodities being.
(c) Bids shall be based on the written standard specifications promulgated and adopted in
accordance with the provisions of section five of this article in the advertised bid request and may
not be altered or withdrawn after the appointed hour for the opening of the bids.
(d) A vendor who has been debarred pursuant to the provisions of sections thirty-three-a
through thirty-three-f, article three, chapter five-a of this code, may not bid on or be awarded a
contract under this section.
(e) All open market orders, purchases based on advertised bid requests or contracts made by
the director or by a state department shall be awarded to the lowest responsible bidder or bidders,
taking into consideration the qualities of the commodities or services to be supplied, their conformity
with specifications, their suitability to the requirements of the government, the delivery terms and,
if the director determines there are nationally accepted industry standards, cost of maintenance and
the expected life of the commodities: Provided, That state bids on school buses shall be accepted
from all bidders who shall then be awarded contracts if they meet the state board's "Minimum
Standards for Design and Equipment of School Buses." County boards of education may select from
those bidders who have been awarded contracts and shall pay the difference between the state aid
formula amount and the actual cost of bus replacement. Any or all bids may be rejected.
(f) If all bids received on a pending contract are for the same unit price or total amount, the
director has the authority to reject all bids, and to purchase the required commodities, printing and
services in the open market, if the price paid in the open market does not exceed the bid prices.
(g) The bid must be received by the Purchasing Division prior to the specified date and time
of the bid opening. The failure to deliver or the nonreceipt of the bid by the Purchasing Division
prior to the appointed date and hour shall result in the rejection of the bid. The vendor is solely
responsible for the receipt of bid by the Purchasing Division prior to the appointed date and hour of
the bid opening. All bids will be opened publicly by two or more persons from the Purchasing
Division. Vendors will be given notice of the day, time and place of the public bid opening. Bids
may be viewed immediately after being opened.
(h) After the award of the order or contract, the director, or someone appointed by him or her
for that purpose, shall indicate upon the successful bid that it was the successful bid. Thereafter, the
copy of each bid in the possession of the director shall be maintained as a public record, shall be
open to public inspection in the office of the director and may not be destroyed without the written
consent of the Legislative Auditor.
§5A-3-11a. Negotiation when all bids exceed available funds budget in requisition.
(a) Spending units shall include the maximum budgeted amount available for each purchase
in a requisition submitted to the Purchasing Division. No person may disclose this maximum
budgeted amount to any vendor prior to the award of a contract. If all bids submitted pursuant to a
solicitation exceed the funds available for the purchase, and the director determines in writing that
there are no additional funds available from any source to permit an award to the responsive and
responsible bidder and the best interest of the state will not permit the delay attendant to a
resolicitation under revised specifications or for revised quantities, then a negotiated award may be
made as set forth in this section.
(1) If the director determines in writing that there is only one responsive and responsible
bidder, he or she may negotiate the price for a noncompetitive award or the specifications for a
noncompetitive award based solely on the original purpose of the solicitation.
(2) If the Purchasing Division solicits bids with a request for quotation and there is more than
one bidder, the director may negotiate with bidders determined in writing to be responsive and responsible, based on criteria contained in the bid invitation: Provided, That the director must
negotiate first with the lowest bidder. If the director does not award the bid to the lowest bidder, he
or she may close negotiations with that bidder and enter into negotiations with the next lowest
bidder, and may continue to do so in like manner with the remaining responsive and responsible
bidders. The director may not extend an offer to any bidder that is not first extended to the prior
bidders in order of rank.
(3) If the Purchasing Division solicits bids utilizing a best value procurement, as set forth in
section ten-b of this section, and there is more than one bidder, the director may negotiate with
bidders determined in writing to be responsive and responsible, based on criteria contained in the
bid invitation: Provided, That the director must negotiate first with the highest scoring bidder. If
the director does not award the bid to the highest scoring bidder, he or she may close negotiations
with that bidder and enter into negotiations with the next highest scoring bidder, and may continue
to do so in like manner with the remaining responsive and responsible bidders. The director may
not extend an offer to any bidder that is not first extended to the prior bidders in order of rank.
(b) After negotiations occur pursuant to subsection (a) of this section, if the director
determines that more than fifteen percent of the value of the bid must be renegotiated by revising the
specifications of the original solicitation, only a resolicitation may be initiated or the solicitation may
be withdrawn.
(c) The director may not renegotiate with any bidder after closing negotiations with that
bidder and entering into negotiations with the next bidder.
§5A-3-12. Prequalification disclosure and payment of annual fee by vendors required; form
and contents; register of vendors; false affidavits, etc.; penalties.
(a) The director shall may not accept any bid received from any vendor unless the vendor has
paid the annual fee specified in section four of this article and has filed with the director an affidavit
of the vendor or the affidavit of a member of the vendor's firm, or, if the vendor is a corporation, the
affidavit of an officer, director or managing agent, of such the corporation, disclosing the following information:
(1) If the vendor is an individual, his or her name and residence city and state of residence
and business address, and, if he or she has associates or partners sharing in his business, their names
and residence city and state of residence and business addresses;
(2) If the vendor is a firm, the name and residence city and state of residence and business
address of each member, partner or associate of the firm;
(3) If the vendor is a corporation created under the laws of this state or authorized to do
business in this state, the name and business address of the corporation; the names and residence city
and state of residence and business addresses of the president, vice president, secretary, treasurer and
general manager, if any, of the corporation; and the names and residence city and state of residence
and business addresses of each stockholder of the corporation owning or holding at least ten percent
of the capital stock thereof;
(4) A statement of whether the vendor is acting as agent for some other individual, firm or
corporation, and if so, a statement of the principal authorizing such the representation shall be
attached to the affidavit or whether the vendor is doing business as another entity;
(5) The vendor's latest Dun & Bradstreet rating, if there is any such rating as to such the
vendor; and
(6) A list of one or more banking institutions to serve as references for such the vendor.
(b) Whenever a change occurs in the information heretofore submitted as required, such the
change shall be reported immediately in the same manner as required in the original disclosure
affidavit.
(c) The affidavit and information so received by the director shall be kept in a register of
vendors which shall be a public record and open to public inspection during regular business hours
in the director's office and made readily available to the public at such time.
(d) The director may waive the above requirements in the case of any corporation listed on
any nationally recognized stock exchange and in the case of any vendor who or which is the sole source for the commodity in question.
(e) Any person who makes such an affidavit falsely or who shall knowingly file or cause
knowingly files or causes to be filed with the director, an affidavit containing a false statement of
a material fact or omitting any material fact, shall be is guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not more than one thousand dollars, and, in the discretion of the
court, confined in jail not more than one year. In any such case, An individual so convicted of a
misdemeanor under this subsection shall be adjudged forever incapable of holding any may never
hold an office of honor, trust or profit in this state, or of serving serve as a juror.
§5A-3-45. Disposition of surplus state property; semiannual report; application of proceeds
from sale.
(a) The state agency for surplus property has the exclusive power and authority to make
disposition of commodities or expendable commodities now owned or in the future acquired by the
state when the commodities are or become obsolete or unusable or are not being used or should be
replaced.
(b) The agency shall determine what commodities or expendable commodities should be
disposed of and make disposition in the manner which will be most advantageous to the state. The
disposition may include:
(1) Transferring the particular commodities or expendable commodities between
departments;
(2) Selling the commodities to county commissions, county boards of education,
municipalities, public service districts, county building commissions, airport authorities, parks and
recreation commissions, nonprofit domestic corporations qualified as tax exempt under Section
501(c)(3) of the Internal Revenue Code of 1986, as amended, or volunteer fire departments in this
state when the volunteer fire departments have been held exempt from taxation under Section 501(c)
of the Internal Revenue Code;
(3) Trading in the commodities as a part payment on the purchase of new commodities;(4) Cannibalizing the commodities pursuant to procedures established under subsection (g)
of this section;
(5) Properly disposing of the commodities as waste;
(6) Selling the commodities to the general public at the posted price or to the highest bidder
by means of public auctions or sealed bids, after having first advertised the time, terms and place of
the sale as a Class II legal advertisement in compliance with the provisions of article three, chapter
fifty-nine of this code. The publication area for the publication is the county in which the sale is to
be conducted. The sale may also be advertised in other advertising media that the agency considers
advisable. The agency may sell to the highest bidder or to any one or more of the highest bidders,
if there is more than one, or, if the best interest of the state will be served, reject all bids; or
(7) Selling the commodities to the highest bidder by means of an Internet auction site
approved by the director, as set forth in an emergency rule pursuant to the provisions of chapter
twenty-nine-a of this code.
(c) Upon the sale to the general public or transfer of commodities or expendable commodities
between departments, or upon the sale of commodities or expendable commodities to an eligible
organization, the agency shall set the price to be paid by the receiving eligible organization, with due
consideration given to current market prices.
(d) The agency may sell expendable, obsolete or unused motor vehicles owned by the state
to an eligible organization, other than volunteer fire departments. In addition, the agency may sell
expendable, obsolete or unused motor vehicles owned by the state with a gross weight in excess of
four thousand pounds to an eligible volunteer fire department. The agency, with due consideration
given to current market prices, shall set the price to be paid by the receiving eligible organization for
motor vehicles sold pursuant to this provision: Provided, That the sale price of any motor vehicle
sold to an eligible organization may not be less than the "average loan" value, as published in the
most recent available eastern edition of the National Automobile Dealer's Association (N.A.D.A.)
Official Used Car Guide, if the value is available, unless the fair market value of the vehicle is less than the N.A.D.A. 'average loan' value, in which case the vehicle may be sold for less than the
'average loan' value. The fair market value shall be based on a thorough inspection of the vehicle
by an employee of the agency who shall consider the mileage of the vehicle and the condition of the
body, engine and tires as indicators of its fair market value. If no fair market value is available, the
agency shall set the price to be paid by the receiving eligible organization with due consideration
given to current market prices. The duly authorized representative of the eligible organization, for
whom the motor vehicle or other similar surplus equipment is purchased or otherwise obtained, shall
cause ownership and proper title to the motor vehicle to be vested only in the official name of the
authorized governing body for whom the purchase or transfer was made. The ownership or title, or
both, shall remain in the possession of that governing body and be nontransferable for a period of
not less than one year from the date of the purchase or transfer. Resale or transfer of ownership of
the motor vehicle or equipment prior to an elapsed period of one year may be made only by reason
of certified unserviceability.
(e) The agency shall report to the Legislative Auditor, semiannually, all sales of commodities
or expendable commodities made during the preceding six months to eligible organizations. The
report shall include a description of the commodities sold, the price paid by the eligible organization
which received the commodities and to whom each commodity was sold.
(f) The proceeds of the sales or transfers shall be deposited in the State Treasury to the credit
on a pro rata basis of the fund or funds out of which the purchase of the particular commodities or
expendable commodities was made: Provided, That the agency may charge and assess fees
reasonably related to the costs of care and handling with respect to the transfer, warehousing, sale
and distribution of state property disposed of or sold pursuant to the provisions of this section.
(g)(1) For purposes of this section, 'cannibalization' means the removal of parts from one
commodity to use in the creation or repair of another commodity.
(2) The director of the Purchasing Division shall propose for promulgation legislative rules
to establish procedures that permit the cannibalization of a commodity when it is in the best interests of the state. The procedures shall require the approval of the director prior to the cannibalization of
the commodity under such circumstances as the procedures may prescribe.
(3) (A) Under circumstances prescribed by the procedures, state agencies shall be required
to submit a form, in writing or electronically, that, at a minimum, elicits the following information
for the commodity the agency is requesting to cannibalize: (i) The commodity identification number;
(ii) The commodity's acquisition date; (iii) The commodity's acquisition cost; (iv) A description of
the commodity; (v) Whether the commodity is operable and, if so, how well it operates; (vi) How
the agency will dispose of the remaining parts of the commodity; and (vii) Who will cannibalize the
commodity and how the person is qualified to remove and reinstall the parts.
(B) If the agency has immediate plans to use the cannibalized parts, the form shall elicit the
following information for the commodity or commodities that will receive the cannibalized part or
parts: (i) The commodity identification number; (ii) The commodity's acquisition date; (iii) The
commodity's acquisition cost; (iv) A description of the commodity; (v) Whether the commodity is
operable; (vi) Whether the part restores the commodity to an operable condition; and (vii) The cost
of the parts and labor to restore the commodity to an operable condition without cannibalization.
(C) If the agency intends to retain the cannibalized parts for future use, it shall provide
information justifying its request.
(D) The procedures shall provide for the disposal of the residual components of cannibalized
property.
(h) (1) The director of the Purchasing Division shall propose for promulgation legislative
rules to establish procedures that allow state agencies to dispose of commodities in a landfill, or by
other lawful means of waste disposal, if the value of the commodity is less than the benefit that may
be realized by the state by disposing of the commodity using another method authorized in this
section. The procedures shall specify circumstances where the state agency for surplus property shall
inspect the condition of the commodity prior to authorizing the disposal and those circumstances
when the inspection is not necessary prior to the authorization.(2) Whenever a state agency requests permission to dispose of a commodity in a landfill, or
by other lawful means of waste disposal, the state agency for surplus property has the right to take
possession of the commodity and to dispose of the commodity using any other method authorized
in this section.
(3) If the state agency for surplus property determines, within fifteen days of receiving a
commodity, that disposing of the commodity in a landfill or by other lawful means of waste disposal
would be more beneficial to the state than disposing of the commodity using any other method
authorized in this section, the cost of the disposal is the responsibility of the agency from which it
received the commodity."
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 227),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4664) passed.
On motion of Delegate Morgan, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 4464 -"A Bill to repeal §5A-3-27 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §5A-3-1, §5A-3-11, §5A-3-11a, §5A-3-12 and §5A-3-45 of
said Code, all relating to the Purchasing Division of the Department of Administration; omitting
antiquated language; revising specifications on which bids shall be based; removing requirement that
Director determine in writing that no funds above budgeted amount exist to award bid; requiring city
and state of residence and business addresses for vendors; and allowing the state agency for surplus
property to sell commodities to the public."
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. 4665, Herbert Henderson Office of Minority Affairs; on third reading,
coming up in regular order, with an amendment pending, was reported by the Clerk.
An amendment, recommended by the Committee on Finance, was reported by the Clerk and
adopted, amending the bill on page one, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following:
"That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
article, designated §5-26-1 and §5-26-2, all to read as follows:
ARTICLE 26. HERBERT HENDERSON OFFICE OF MINORITY AFFAIRS.
§5-26-1. Establishment of Herbert Henderson Office of Minority Affairs.
(a) There is hereby created and established in the office of the Governor the Herbert
Henderson Office of Minority Affairs. The office shall:
(1) Provide a forum for discussion of issues that affect the state's minorities;
(2) Identify and promote best practices in the provision of programs and services to
minorities;
(3) Review information and research that can inform state policy as to the delivery of
programs and services to minorities;
(4) Make recommendations in areas of policy and allocation of resources;
(5) Pursuant to appropriation of the Legislature, award grants, loans and loan guaranties for
minority affairs programs and activities in this state; and
(6) Provide recommendations to the Governor and the Legislature regarding the most
appropriate means to provide programs and services to support minority groups in the state.
(b) The office shall report to the Governor and the Joint Committee on Government and
Finance in January, two thousand nine, and each year thereafter. The report may include, but is not
limited to, finding and recommendations regarding:
(1) The extent to which programs and services for minorities are available in the state, and
to which funding for providing those programs and services is available;
(2) The most appropriate means for the planning, delivery and evaluation of existing and
needed programs and services for minority groups in the manner that best promotes diversity and
regional, cultural and ethnic sensitivity;
(3) Recommendations for the coordination of programs and services to minority groups
throughout the state, and with those of other states and the federal government;
(4) Identifications of governmental and private agencies, offices, departments or other entities
in existence or recommended for creation that would, alone or in concert, most effectively improve
the delivery of programs and services to minority groups throughout the state;
(5) Recommendations for changes to law that would facilitate the achievement of the
objectives of the office; and
(6) Such other matters as the office may determine appropriate to its purposes.
(c) The Governor shall appoint an executive director of the office to carry out its work and
to oversee staff adequate to fulfill its functions, and shall provide funding and offices for those
purposes.
§5-26-2. Minority Affairs Fund created; purpose.
(a) There is hereby created in the state treasury a special revenue fund to be known as the
'Minority Affairs Fund' which shall consist of all gifts, grants, bequests, transfers, appropriations
or other donations or payments which may be received by the Herbert Henderson Office of Minority
Affairs from any governmental entity or unit or any person, firm, foundation, or corporation for the
purposes of this article, and all interest or other return earned from investment of the fund.
Expenditures from the fund shall be made by the Executive Director of the Herbert Henderson Office
of Minority Affairs to provide matching funds to obtain federal funds for the delivery of programs
and services to minorities in this state, to award grants, loans and loan guaranties for minority affairs
programs and activities, and for performance of the duties of the office prescribed in this article.
Expenditures from the fund shall be for the purposes set forth in this article and are not authorized
from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the
fulfillment of the provisions of article two, chapter eleven-b of this code."
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 228)
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4665) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for H. B. 4665 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §5-26-1 and §5-26-2, all relating to the creation of the
Herbert Henderson Office of Minority Affairs; establishing the powers and duties of the office;
providing for an executive director, staff and office; requiring annual reports to the Governor and
the Joint Committee on Government and Finance; and creating a Minority Affairs Fund."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4684, Amending the West Virginia Film Industry Investment Act' on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 229),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4684) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 230), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4684) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 4692, Permitting depositories of state, county, municipal and other
public moneys to pool securities; 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. 231),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 4692) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4708, Authorizing use of citations in lieu of arrest warrants for certain offenses; 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. 232),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 4708) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 4712, Supplementary appropriation to the Department of Transportation-Division of
Motor Vehicles; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 233),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4712) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 234), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4712) 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.
H. B. 4713, Expiring funds to the balance of the Department of Health and Human
Resources, Health Care Authority; on third reading, coming up in regular order, was read a third
time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 235),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 4713) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 236), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4713) 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.
H. B. 4714, Supplementary appropriation to the Department of Commerce, Department of
Education and the Arts-Division of Rehabilitation Services, Department of Military Affairs and
Public Safety-Fire Marshal; 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. 237),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4714) passed.
Delegate DeLong moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 238), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent and Not Voting: Craig, Frederick and Longstreth.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4714) 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.
Leaves of Absence
At the request of Delegate DeLong, and by unanimous consent, leaves of absence for the day
were granted Delegates Craig and Frederick.
At 3:54 p.m., the House of Delegates adjourned until 11:00 a.m., Thursday, February 28,
2008.