__________*__________
Thursday, April 6, 2017
FIFTY-EIGHTH DAY
[MR. SPEAKER, MR. ARMSTEAD, IN THE
CHAIR]
??????????? The House of Delegates met at 9:00
a.m., and was called to order by the Honorable Tim Armstead, Speaker.
??????????? Prayer was offered and the House was
led in recitation of the Pledge of Allegiance.
??????????? The Clerk proceeded to read the
Journal of Wednesday, April 5, 2017, 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 that the Senate had passed, without amendment, a
bill of the House of Delegates as follows:
??????????? Com. Sub. for H.
B. 2006, Increasing the penalties for violating the Whistle-blower Law.
??????????? A message from the Senate, by
The Clerk of the Senate,
announced that the Senate had passed, without amendment, a bill of the House of
Delegates as follows:
??????????? H. B. 2119,
Repealing West Virginia Health Benefit Exchange Act.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with a title amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2319, Relating to candidates or candidate committees for legislative
office disclosing contributions.
??????????? On motion of Delegate Cowles, the House of Delegates concurred
in the following Senate title amendment:
Com. Sub. for H. B. 2319 -?
?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?3-8-15; and to amend said code by adding
thereto a new section, designated ?6B-3-4a, all relating to enhancing
disclosure requirements while the Legislature is in session; requiring timely
disclosure of fund-raising events, including contributions, of candidates or
candidate committees for legislative office while the Legislature is in
session; requiring members of Legislature who are candidates for public office
to disclose existence of fund-raising event and receipt of all contributions
within five business days after event; imposing the same reporting requirements
upon former candidates or candidate committees for legislative office who are
still in office and who use fund-raising event to retire or pay-off debt to
campaign while Legislature in session; clarifying that reporting under this
section does not relieve a candidate or candidate?s committee from regular
reporting requirements; requiring Secretary of State to create a form for
disclosure; requiring the Secretary of State to publish information on the
Secretary of State?s website; authorizing the Secretary of State to establish a
means for electronic filing and disclosure as an alternative; authorizing the
Secretary of State to promulgate legislative and emergency rules; requiring
timely disclosure of certain lobbyist expenditures while the Legislature is in
session; requiring lobbyists to disclose certain expenditures within five
business days after the expenditure; clarifying that reporting under this
section does not relieve a lobbyist from regular reporting requirements; requiring
the Ethics Commission to create a form for disclosure; requiring the Ethics
Commission to publish information on the Ethics Commission?s website;
authorizing the Ethics Commission to establish a means for electronic filing
and disclosure as an alternative; and authorizing the Ethics Commission to
promulgate legislative and emergency rules.?
The
bill, as amended by the Senate, was then put upon its passage.
??????????? On
the passage of the bill, the yeas and nays were taken (Roll No. 396), and there were--yeas 86, nays none, absent and not
voting 14, with the absent and not voting being as follows:
??????????? Absent and Not Voting: Arvon, Deem,
Fluharty, Folk, Hicks, Kessinger, Marcum, Maynard, Nelson, Robinson,
Rodighiero, Rohrbach, Statler and Wilson.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2319) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2373, Authorizing school bus drivers trained in administration of
epinephrine auto-injectors to administer auto-injectors.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate amendments:
On
page one, by striking out everything after the enacting section and inserting
in lieu thereof the following:
?ARTICLE 5. COUNTY BOARD OF
EDUCATION.
?18-5-22c. Providing for
the maintenance and use of epinephrine auto-injectors; administration of
injections; notice; indemnity from liability; rules.
(a)
A public, private, parochial or denominational school located within this state
may possess and maintain at the school a supply of epinephrine auto-injectors
for use in emergency medical care or treatment for an anaphylactic reaction. A
prior diagnosis for a student or school personnel requiring the use of epinephrine
auto-injectors is not necessary to permit the school to stock epinephrine
auto-injectors. Epinephrine auto-injectors shall be maintained by the school in
a secure location which is only accessible by medical personnel and authorized
nonmedical personnel and not by students.
(b)
An allopathic physician licensed to practice pursuant to the provisions of
article three, chapter thirty of this code or an osteopathic physician licensed
to practice pursuant to the provisions of article fourteen, chapter thirty of
this code may prescribe within the course of his or her professional practice
standing orders and protocols for use when necessary by a school which wishes
to maintain epinephrine auto-injector pursuant to the provisions of this
section.
(c)
A school nurse, as set forth in section twenty-two of this article, is
authorized to may administer an epinephrine auto-injector to a
student or school personnel during regular school hours or at a school function
when the school nurse medically believes the individual is experiencing an
anaphylactic reaction. A school nurse may use the school supply of epinephrine
auto-injectors for a student or school personnel authorized to self-administer
that meet the requirements of a prescription on file with the school.
(d)
Nonmedical school personnel who have been trained in the administration of an epinephrine
auto-injector and who have been designated and authorized by the school or
county board to administer the epinephrine auto-injector are authorized to
administer an epinephrine auto-injector to a student or school personnel during
regular school hours or at a school function when the authorized and designated
nonmedical school personnel reasonably believes, based upon their training,
that the individual is experiencing an anaphylactic reaction. Nonmedical school
personnel may use the school supply of epinephrine auto-injectors for a student
or school personnel authorized to self-administer that meet the requirements of
a prescription on file with the school.
(e)
School transportation employees, including bus drivers, who have been trained
in the administration of an epinephrine auto-injector and who have been
designated and authorized by the school or county board to administer an
epinephrine auto-injector may administer an epinephrine auto-injector to a
student or school personnel during transportation to or from a school function
when the school transportation employee reasonably believes, based upon his or
her training, that the individual is experiencing an anaphylactic reaction. A
school transportation employee may use the individual?s personal supply of
epinephrine auto-injectors or the school?s supply of epinephrine auto-injectors
for a student or school personnel authorized to self-administer that meet the
requirements of a prescription on file with the school: Provided, That a school transportation employee shall defer to an
individual possessing a higher degree of medical training or the parent of the
child experiencing an anaphylactic reaction, if either are present at the time
of the reaction; Provided, however,
That the school transportation employee, trained and authorized to administer
epinephrine auto-injectors, is not subject to the terms of section twenty-two
of this article.
(e) (f) Prior notice to
the parents of a student of the administration of the epinephrine auto-injector
is not required. Immediately following the administration of the epinephrine
auto-injector, the school shall provide notice to the parent of a student who
received an auto-injection.
(f) (g) A school nurse,
a trained school transportation employee, or trained and authorized
nonmedical school personnel who administer an epinephrine auto-injection to a
student or to school personnel as provided in this section is immune from
liability for any civil action arising out of an act or omission resulting from
the administration of the epinephrine auto-injection unless the act or omission
was the result of the school nurse, school transportation employee, or trained and authorized nonmedical
school personnel's
gross negligence or willful misconduct.
(g) (h) For the
purposes of this section, all county boards of education may participate in
free or discounted drug programs from pharmaceutical manufacturers to provide
epinephrine auto-injectors to schools in their counties who which
choose to stock auto-injectors.
(h) (i) All county
boards of education are required to collect and compile aggregate data on
incidents of anaphylactic reactions resulting in the administration of school
maintained epinephrine auto-injectors in their county during a school year and
forward the data to the state superintendent of schools. The state
superintendent of schools shall prepare an annual report to be presented to the
Joint Committee on Government and Finance as set forth in article three,
chapter four of this code, by December 31 of each year.
(i) (j) The State Board
of Education, as defined in article two of this chapter, shall consult with the
state health officer, as defined in section four, article three, chapter thirty
of this code, and promulgate rules necessary to effectuate the provisions of
this section in accordance with the provisions of article three-b, chapter
twenty-nine-a of this code. The rules shall provide, at a minimum, for:
(1)
The criteria for selection and minimum requirements of nonmedical school
personnel and school transportation employees who may administer
epinephrine auto-injectors following the necessary training;
(2)
The training requirements necessary for nonmedical school personnel and
school transportation employees to be authorized to administer an
epinephrine auto-injection;
(3)
Training on anaphylaxis and allergy awareness for food service workers in the
school system, if easily available locally;
(4)
Storage requirements for maintaining the epinephrine auto-injectors within the
schools;
(5)
Comprehensive notice requirements to the parents of a student who was
administered a school maintained epinephrine auto-injection including who
administered the injection, the rational for administering the injection, the
approximate time of the injection and any other necessary elements to make the
student?s parents fully aware of the circumstances surrounding the
administration of the injection;
(6)
Any and all necessary documentation to be kept and maintained regarding
receipt, inventory, storage and usage of all epinephrine auto-injectors;
(7)
Detailed reporting requirements for county boards of education on incidents of
use of school maintained epinephrine auto-injectors during a school year; and
(8)
Any other requirements necessary to fully implement this section.?
And,
By
amending the title of the bill to read as follows:
Com. Sub. for H. B. 2373 ? ?A Bill to amend and reenact
?18-5-22c of the Code of West Virginia, 1931, as amended, relating to the
administration of epinephrine auto-injectors by a school nurse, nonmedical
personnel or a school transportation employee to a student or school personnel;
authorizing school transportation employees trained in administration of
epinephrine auto-injectors and designated and authorized by the school or
county board to administer auto-injectors to a student or school personnel
experiencing an anaphylactic reaction and excluding such school transportation
employees from section twenty-two, article five, chapter eighteen of said code;
adding the county board as an entity that can authorize and designate
nonmedical school personnel to administer the epinephrine auto-injector;
establishing that school transportation employees are immune from liability for
administration of an epinephrine auto-injector except in cases of gross
negligence or willful misconduct; and requiring the State Board of Education to
promulgate rules necessary to effectuate the provisions of this section.?
The
bill, as amended by the Senate, was then put upon its passage.
??????????? On
the passage of the bill, the yeas and nays were taken (Roll No. 397), and there were--yeas 86, nays none, absent and not
voting 14, with the absent and not voting being as follows:
??????????? Absent and Not Voting: Arvon, Deem,
Fluharty, Folk, Hicks, Kessinger, Marcum, Maynard, Nelson, Robinson,
Rodighiero, Rohrbach, Statler and Wilson.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2373) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegate, as follows:
??????????? Com. Sub. for H.
B. 2404, Barring persons who are convicted of certain criminal offenses
from acquiring property from their victims.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate amendments:
On
page one, by striking out everything after the enacting section and inserting
in lieu thereof the following:
?CHAPTER 36. ESTATES AND PROPERTY.
ARTICLE
1. CREATION OF ESTATES GENERALLY.
?36-1-20.
When survivorship preserved.
(a)
The preceding section shall Section nineteen of this article does
not apply to any estate which joint tenants have as executors or trustees, nor
to an estate conveyed or devised to persons in their own right, when it
manifestly appears from the tenor of the instrument that it was intended that
the part of the one dying should then belong to the others. Neither shall it
affect the mode of proceeding on any joint judgment or decree in favor of, or
on any contract with, two or more, one of whom dies.
(b)
When the instrument of conveyance or ownership in any estate, whether real
estate or tangible or intangible personal property, links multiple owners
together with the disjunctive ?or,? such ownership shall be held as joint
tenants with the right of survivorship, unless expressly stated otherwise.
(c)
No A person convicted of violating the provisions of section one
or three, article two, chapter sixty-one of this code as a principal, aider and
abettor or accessory before the fact, or convicted of a similar provision of
law of another state or the United States, or who has been convicted of an
offense causing the death of an incapacitated adult set forth in section
twenty-nine-a, article two, chapter sixty-one of this code, as a principal,
aider and abettor or accessory before the fact, or convicted of a similar
provision of law of another state or the United States, may not take
or acquire any real or personal property by survivorship pursuant to this
section when the victim of the criminal offense was a joint holder of title to
the property. The property to which the convicted person so convicted
would otherwise have been entitled shall go to the person or persons who would
have taken the same property if the convicted person so
convicted had predeceased the victim.
(d)
A person who has been convicted of an offense of abuse or neglect of an
incapacitated adult pursuant to section twenty-nine, article two, chapter
sixty-one of this code, a felony offense of financial exploitation of an
elderly person, protected person or an incapacitated adult pursuant to section
twenty-nine?b of that article, or convicted of a similar provision of law of
another state or the United States, may not take or acquire any real or
personal property by survivorship pursuant to this section, when the victim of
the criminal offense is a joint holder of the title to the property. The money
or property which the person would have otherwise have received shall go to the
person or persons who would have taken the money or property if the convicted
person had predeceased the victim. This subsection does not apply if, after the
conviction, the victim of the offense, if competent, executes a recordable
instrument, sworn to, notarized and witnessed by two persons that would be
competent as witnesses to a will of the victim, expresses a specific intent to
allow the person so convicted to retain his or her tenancy in the property with
rights of survivorship.
CHAPTER
42. DESCENT AND DISTRIBUTION.
ARTICLE 4.
GENERAL PROVISIONS.
?42-4-2. Homicide bars acquisition of estate
or insurance money.
No (a) A person who has been convicted
of feloniously killing another, or of conspiracy in the killing of another, shall
may not take or acquire any money or property, real or personal, or
interest therein in the money or property, from the one killed or
conspired against, either by descent and distribution, or by will, or by any
policy or certificate of insurance, or otherwise; but the money or the property
to which the convicted person so convicted would otherwise have
been entitled shall go to the person or persons who would have taken the same
the money or property if the convicted person so convicted
had been dead at the date of the death of the one killed or conspired against,
unless by some rule of law or equity the money or the property would pass to
some other person or persons.
(b)
A person who has been convicted of an offense causing the death of an
incapacitated adult set forth in section twenty-nine-a, article two, chapter
sixty-one of this code, or convicted of a similar provision of law of another
state or the United States, may not take or acquire any money or property, real
or personal, or interest in the money or property, from the victim decedent,
either by descent and distribution, or by will, or by any policy or certificate
of insurance, or otherwise; but the money or the property to which the
convicted person would otherwise have been entitled shall go to the person or
persons who would have taken the money or property if the convicted person had
been dead at the date of the death of the decedent, unless by law the money or
the property would pass to some other person or persons.
(c)
A person who has been convicted of an offense of abuse or neglect of an
incapacitated adult pursuant to section twenty-nine, article two, chapter
sixty-one of this code, a felony offense of financial exploitation of an
elderly person, protected person or incapacitated adult pursuant to section
twenty-nine?b, article two, chapter sixty-one of this code, or convicted of a
similar provision of law of another state or the United States, may not take or
acquire any money or property, real or personal, or any interest in the money
or property, from the victim of the offense, either by descent and
distribution, or by will, or by any policy or certificate of insurance, or
otherwise. The money or the property to which the convicted person would
otherwise have been entitled shall go to the person or persons who would have
taken the money or property if the convicted person had been dead at the date
of the death of the victim, unless by law the money or the property would pass
to some other person or persons. This subsection does not apply if, after the
conviction, the victim of the offense, if competent, executes a recordable
instrument, sworn to, notarized and witnessed by two persons that would be
competent witnesses to a will of the victim, expresses a specific intent to
allow the convicted person to inherit or otherwise receive the money, estate or
other property of the victim of the offense.?
The
bill, as amended by the Senate, was then put upon its passage.
??????????? On
the passage of the bill, the yeas and nays were taken (Roll
No. 398), and there were--yeas 88, nays none, absent and not voting
12, with the absent and not voting being as follows:
??????????? Absent and Not Voting: Arvon, Deem,
Fluharty, Folk, Hicks, Kessinger, Maynard, Nelson, Rodighiero, Rohrbach,
Statler and Wilson.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2404) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by The Clerk of the Senate,
announced that the Senate had passed, without amendment, a bill of the House of
Delegates as follows:
??????????? H. B. 2427,
Requiring agencies listed in the online state phone directory to update certain
employee information.
??????????? A message from the Senate, by The Clerk of the Senate,
announced that the Senate had passed, without amendment, a bill of the House of
Delegates as follows:
??????????? Com. Sub. for H.
B. 2453, Expanding the list of persons the Commissioner of Agriculture may
license to grow or cultivate industrial hemp.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? Com. Sub. for H.
B. 2475, Authorizing the Tax Commissioner to collect tax, interest and
penalties due and owing from payments to vendors and contractors from the
Auditor and other state, county, district or municipal officers and agents.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? H. B. 2548, Relating
to the use of outside speakers by persons licensed to manufacture, sell,
possess for sale, transport or distribute nonintoxicating beer.
??????????? A message from the Senate, by The Clerk of the Senate,
announced that the Senate had passed, without amendment, a bill of the House of
Delegates as follows:
??????????? Com. Sub. for H.
B. 2676, Transferring the Security office under the Division of Culture and
History to the Division of Protective Services.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2721, Removing the cost limitation on projects completed by the Division
of Highways.
??????????? On motion of Delegate Cowles, the House of Delegates refused
to concur in the following Senate amendments and requested the Senate to recede
therefrom.
On
page four, section five, lines seventy-six through seventy-seven, by striking
out the words ?is in excess of $10 million and is contained in the division?s
six-year plan?.
On
page seven, section nine, lines sixty through sixty-one, by striking out all of
subsection (g), ?and by relettering the
remaining subsections.
??????????? On pages seven and eight, section
nine, line sixty-four after the word ?Finance.? by striking out the remainder
of the bill.
And,
By
amending the title of the bill to read as follows:
Com. Sub. for H. B. 2721 ? ?A Bill to amend and reenact ?17-27-5
and ?17-27-9 of the Code of West Virginia, 1931, as amended, all relating to
the public-private transportation facilities act; removing the cost limitation
on projects completed by the Division of Highways; and eliminating the sunset
provision.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2722, Eliminating the financial limitations on utilizing the
design-build program for highway construction.
??????????? On motion of Delegate Cowles, the House of Delegates
refused to concur in the following Senate amendments and requested the Senate
to recede therefrom.
On
page one, section two, lines five through twelve, by striking out all of
subsection (b).
On
page one, section two, line seventeen, after the word ?program? by striking out
the comma and the words ?but shall not be included in expenditure limits
provided by subsection (b) of this section?.
And,
By
amending the title of the bill to read as follows:
Com. Sub. for H. B. 2722 ? ?A Bill to amend and reenact ?17-2D-2
of the Code of West Virginia, 1931, as amended, relating to eliminating the
financial limitations on utilizing the Highway Design-Build Program for highway
construction; and removing obsolete language.?
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? Com. Sub. for H.
B. 2726, Authorizing home incarceration officers to arrest participants for
violating the terms and conditions of his or her supervision with or without a
court order.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2731, Clarifying civil actions heard in circuit court.
??????????? On motion of Delegate Cowles, the House of Delegates
refused to concur in the following Senate amendments and requested the Senate
to recede therefrom.
??????????? On page one, by striking out
everything after the enacting section and inserting in lieu thereof the
following:
ARTICLE
2. CIRCUIT COURTS; CIRCUIT JUDGES.
?51-2-2.
Jurisdiction.
(a)
The circuit court shall have supervision and control of all proceedings before
magistrates, by mandamus, prohibition and certiorari.
(b)
Except in cases confined exclusively by the Constitution to some other
tribunal, the circuit court shall have original and general jurisdiction of all
matters at law where the amount in controversy, excluding interest, exceeds $2,500
$5,000: Provided, That the jurisdictional limit on amounts in
controversy does not apply to real estate installment sales contracts.
(c)
The circuit court shall have original and general jurisdiction in all of the
following matters:
(1)
Habeas corpus;
(2)
Mandamus;
(3)
Quo warranto;
(4)
Prohibition;
(5)
Crimes; and
(6)
Misdemeanors.
(d)
The circuit court shall have original and general jurisdiction in all cases in
equity, including jurisdiction in equity to remove any cloud on the title to
real property, or any part of a cloud, or any estate, right or interest in the
real property, and to determine questions of title with respect to the real
property without requiring allegations or proof of actual possession of the
real property.
(e)
The circuit court shall have appellate jurisdiction in all cases, civil and
criminal, where an appeal, writ of error or supersedeas may be allowed to the
judgment or proceedings of any inferior tribunal.
(f)
The circuit court shall also have any other jurisdiction, whether supervisory,
original, appellate or concurrent, as is or may be prescribed by law.?
And,
By
amending the title of the bill to read as follows:
Com. Sub. for H. B. 2731- ?A Bill to amend and reenact ?51-2-2 of
the code of West Virginia, 1931, as amended, relating to clarifying that only
civil actions with controversial amounts exceeding $5,000 must be heard in
circuit court, except in actions relating to real estate installment sales
contracts or actions confined exclusively by the Constitution to some other
tribunal.?
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had passed,
with amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2734, Authorizing a method for the collection and remittance of property
taxes related to dealers? heavy equipment inventory.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate amendments:
On
page one, section fifteen, in the section caption, by striking out the words
?unit property tax? and inserting in lieu thereof the word ?fees?.
On
page two, section fifteen, line thirty, by striking out the words ?unit
property taxes? and inserting in lieu thereof the word ?fees?.
On
page two, section fifteen, line thirty-five, by striking out the words ?unit
property taxes? and inserting in lieu thereof the word ?fees?.
On
page two, section fifteen, line forty-one, by striking out the words ?unit
property taxes? and inserting in lieu thereof the word ?fees?.
On
page one, by striking out the enacting section and inserting in lieu thereof a
new enacting section, to read as follows:
??That the Code of West Virginia, 1931, as
amended, be amended by adding thereto a new section, designated ?11-5-15, to
read as follows? and a colon.
And,
By
amending the title of the bill to read as follows:
Com. Sub. for H. B. 2734 ? ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated ?11-5-15, all relating to authorizing dealers of heavy equipment rental inventory to collect a fee from renters for the purpose of paying the dealers? property taxes on rental equipment; and establishing requirements for collection and remittance of such rental fees.?
??????????????? The bill, as amended by the Senate, was
then put upon its passage.
??????????????? On the passage of the bill, the yeas and
nays were taken (Roll No. 399), and
there were--yeas 92, nays none, absent and not voting 8, with the absent and
not voting being as follows:
??????????? Absent and Not Voting: Arvon, Deem,
Folk, Kessinger, Maynard, Rodighiero, Statler and Wilson.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (H. B. 2734) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2868, Relating generally to Uniform Unclaimed Property Act.
??????????? On motion of Delegate Cowles, the House of Delegates
refused to concur in the following Senate amendments and requested the Senate
to recede therefrom.
On page one, by striking out everything
after the enacting section and inserting in lieu thereof the following:
ARTICLE
8. UNiFORM UNCLAIMED PROPERTY ACT
?36-8-2.
Presumptions of abandonment.
(a)
Property is presumed abandoned if it is unclaimed by the apparent owner during
the time set forth below for the particular property:
(1)
Traveler?s check, fifteen years after issuance;
(2)
Money order, seven years after issuance;
(3)
Stock or other equity interest in a business association or financial
organization, including a security entitlement under article eight of the
uniform commercial code, five years after the earlier of: (i) The date of the
most recent dividend, stock split or other distribution unclaimed by the
apparent owner; or (ii) the date of the second mailing of a statement of
account or other notification or communication that was returned as
undeliverable or after the holder discontinued mailings, notifications or
communications to the apparent owner;
(4)
Debt of a business association or financial organization, other than a bearer
bond or an original issue discount bond, five years after the date of the most
recent interest payment unclaimed by the apparent owner;
(5)
A noninterest bearing demand, savings or time deposit, including a deposit that
is automatically renewable, five years after the earlier of maturity or the
date of the last indication by the owner of interest in the property; an
interest-bearing demand, savings or time deposit including a deposit that is
automatically renewable, seven years after the earlier of maturity or the date
of the last indication by the owner of interest in the property. A deposit that
is automatically renewable is deemed matured for purposes of this section upon
its initial date of maturity, unless the owner has consented to a renewal at or
about the time of the renewal and the consent is in writing or is evidenced by
a memorandum or other record on file with the holder;
(6)
Money or credits owed to a customer as a result of a retail business
transaction, three years after the obligation accrued;
(7)
Gift certificate, three years after December 31, of the year in which the
certificate was sold, but if redeemable in merchandise only, the amount
abandoned is deemed to be sixty percent of the certificate?s face value;
(8)
Amount owed by an insurer on a life or endowment insurance policy or an annuity
that has matured or terminated, three years after the obligation to pay arose
or, in the case of a policy or annuity payable upon proof of death, three years
after the insured has attained, or would have attained if living, the limiting
age under the mortality table on which the reserve is based: Provided, That the obligations
set forth in this subdivision and the application of subsection (e) of this
section relating to this subdivision are guided by policies, requirements and
interpretations of the Insurance Commissioner pursuant to article thirteen-d,
chapter thirty-three of this code, the Unclaimed Life Insurance Benefits Act: Provided, however, That proceeds paid by
an insurer to the beneficiary with applicable interest are not presumed to have
been abandoned prior to the insurer?s compliance with section two of said
article. The insurer shall remit any unpaid proceeds to the Unclaimed Property
Fund in accordance with subsection (i) of said section: Provided further, That with respect to the amendments to this
subsection passed in 2017, such amendments shall not have any force or effect,
whatsoever, on any litigation pending prior to the effective date of the
amendments;
(9)
Property distributable by a business association or financial organization in a
course of dissolution, one year after the property becomes distributable;
(10)
Property received by a court as proceeds of a class action, and not distributed
pursuant to the judgment, one year after the distribution date;
(11)
Property held by a court, government, governmental subdivision, agency or
instrumentality, one year after the property becomes distributable;
(12)
Wages or other compensation for personal services, one year after the
compensation becomes payable;
(13)
Deposit or refund owed to a subscriber by a utility, two years after the
deposit or refund becomes payable;
(14)
Property in an individual retirement account, defined benefit plan or other
account or plan that is qualified for tax deferral under the income tax laws of
the United States, three years after the earliest of the date of the
distribution or attempted distribution of the property, the date of the
required distribution as stated in the plan or trust agreement governing the
plan, or the date, if determinable by the holder, specified in the income tax
laws of the United States by which distribution of the property must begin in
order to avoid a tax penalty;
(15)
Warrants for payment issued by the State of West Virginia which have not been
presented for payment, within six months of the date of issuance;
(16)
All funds held by a fiduciary, including the state Municipal Bond Commission,
for the payment of a note, bond, debenture or other evidence or indebtedness,
five years after the principal maturity date, or if such note, bond, debenture
or evidence of indebtedness is called for redemption on an earlier date, then
the redemption date, such premium or redemption date to also be applicable to
all interest and premium, if any, attributable to such note, bond, debenture or
other evidence of indebtedness; and
(17)
All other property, five years after the owner?s right to demand the property
or after the obligation to pay or distribute the property arises, whichever
first occurs.
(b)
At the time that an interest is presumed abandoned under subsection (a) of this
section, any other property right accrued or accruing to the owner as a result
of the interest, and not previously presumed abandoned, is also presumed
abandoned.
(c)
Property is unclaimed if, for the applicable period set forth in subsection (a)
of this section, the apparent owner has not communicated in writing or by other
means reflected in a contemporaneous record prepared by or on behalf of the
holder, with the holder concerning the property or the account in which the
property is held, and has not otherwise indicated an interest in the property.
A communication with an owner by a person other than the holder or its
representative who has not in writing identified the property to the owner is
not an indication of interest in the property by the owner.
(d)
An indication of an owner?s interest in property includes:
(1)
The presentment of a check or other instrument of payment of a dividend or
other distribution made with respect to an account or underlying stock or other
interest in a business association or financial organization or, in the case of
a distribution made by electronic or similar means, evidence that the
distribution has been received;
(2)
Owner-directed activity in the account in which the property is held, including
a direction by the owner to increase, decrease or change the amount or type of
property held in the account;
(3)
The making of a deposit to or withdrawal from a bank account; and
(4)
The payment of a premium with respect to a property interest in an insurance
policy; but the application of an automatic premium loan provision or other
nonforfeiture provision contained in an insurance policy does not prevent a
policy from maturing or terminating if the insured has died or the insured or
the beneficiary of the policy has otherwise become entitled to the proceeds
before the depletion of the cash surrender value of a policy by the application
of those provisions.
(e)
Property is payable or distributable for purposes of this article
notwithstanding the owner?s failure to make demand or present an instrument or
document otherwise required to obtain payment.?
And,
By
amending the title of the bill to read as follows:
Com. Sub. for H. B. 2868 ? ?A Bill to amend and reenact ?36-8-2
of the Code of West Virginia, 1931, as amended, relating generally to Uniform
Unclaimed Property Act; clarifying that presumed abandoned property in the form
of amounts owed by an insurer on a life or endowment insurance policy or an
annuity that has matured or terminated, and obligations related thereto, are
guided by policies, requirements and interpretations of the Insurance
Commissioner; and providing that amendments have no force and effect on pending
litigation.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? A message from the Senate, by The Clerk of the Senate,
announced that the Senate had passed, without amendment, a bill of the House of
Delegates as follows:
??????????? Com. Sub. for H.
B. 2898, Authorizing the Joint Committee on Government and Finance to
request and obtain criminal background checks of employees of the Legislature.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? Com. Sub. for H.
B. 2939, Relating to the sale of items in the State Police Academy post
exchange to the public.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2948, Establishing timelines for taking final action on certain permits.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate amendments:
On
pages thirty-one and thirty-two, by striking out all of section ten and
inserting in lieu thereof the following:
?47-1A-10. Sterilization processes; annual permits; fees.
(1) (a) Any
sterilization process used in connection herewith shall be approved by the
commissioner. Every person desiring to operate such sterilization process shall
first obtain a numbered permit from the commissioner and shall not operate such
process unless such permit is kept conspicuously posted in his or her
establishment. The fee for an original permit shall be twenty-five dollars.
Application for such permit shall be accompanied by the specifications for the
sterilization process to be employed by the applicant, in such form as the
commissioner shall require. The commissioner shall take final action upon
all completed permit applications within thirty days of receipt if the
application is uncontested, or within ninety days if the application is contested.
Such permit shall expire one year from date of issue and the fee for annual
renewal of the sterilization permit shall be ten dollars.
(2)
Every application for a sterilization permit to be held in a state other than
West Virginia shall be approved only after personal inspection of the
applicant's sterilizer or disinfector by the commissioner or an authorized
employee of the bedding division of the department. The expenses for such
inspections out of the state shall be paid by the applicant.
(3) (b)
The commissioner may revoke or suspend any permit for violation of the
provisions of this article. Upon notification of such revocation or suspension,
the person to whom the permit was issued, or his or her successor or
assignee, shall forthwith return such permit to the commissioner. For
reissuing a revoked or expired permit, the fee shall be the same as for an
original permit.?
And,
By
amending the title of the bill to read as follows:
Com. Sub. for H. B. 2948 ? ?A Bill to amend and reenact
?17C-17A-7 of the Code of West Virginia, 1931, as amended; to amend and reenact
?19-1A-3a of said code; to amend and reenact ?19-2A-4 of said code; to amend
and reenact ?19-9A-3 of said code; to amend and reenact ?19-12D-7 of said code;
to amend and reenact ?19-15-2 of said code; to amend and reenact ?19-34-6 of
said code; to amend and reenact ?19-35-3 of said code; to amend and reenact
?20-3-5 of said code; to amend and reenact ?20-7A-5 of said code; to amend and
reenact ?21-10-7 of said code; to amend and reenact ?21-12-7 of said code; to
amend and reenact ?21-15-10 of said code; to amend and reenact ?24A-3-3 of said
code; to amend and reenact ?29-3-12 of said code; to amend and reenact ?29-29-4
of said code; to amend and reenact ?47-1A-10 of said code, all relating generally
to the issuance of permits; establishing timelines for taking final action on
certain permits; modifying procedures for the issuance of permits by the Public
Service Commission for activities related to the commercial transportation of
coal; modifying procedures for the issuance of permits by the Division of
Forestry for activities related to growing or dealing ginseng; modifying
procedures for the issuance of permits by the Commissioner of Agriculture to
operate a public market; modifying procedures for the issuance of permits by
the Commissioner of Agriculture to feed garbage to swine; modifying procedures
for the issuance of permits by the Commissioner of Agriculture for activities
related to noxious weeds; modifying procedures for the issuance of permits by
the Commissioner of Agriculture for activities related to the manufacture or
distribution of fertilizer; modifying procedures for the issuance of permits by
the Dangerous Wild Animals Board; modifying procedures for the issuance of
uniform farmers market vendor permits by local health departments; modifying
procedures for the issuance of burning permits by the Director of the Division
of Natural Resources; modifying procedures for the issuance of permits by the
Director of the Division of Natural Resources for the excavation or removal of
archaeological, paleontological, prehistoric and historic features; modifying
procedures for the issuance of permits by the Division of Labor to operate an
amusement ride or attraction, a commercial bungee jumping site, or a zipline or
canopy tour; modifying procedures for the issuance of permits by the Public
Service Commission to operate as a contract carrier by motor vehicle; modifying
procedures for the issuance of permits by the State Fire Marshal; modifying procedures
for the issuance of permits by a nonprofit youth organization; and modifying
permit fees and procedures for the issuance of permits by the Commissioner of
the Division of Labor for activities related to the regulation and control of
bedding and upholstery businesses.?
??????????? The
bill, as amended by the Senate, was then put upon its passage.
??????????? On the passage of the bill, the yeas
and nays were taken (Roll No. 400),
and there were--yeas 92, nays none, absent and not voting 8, with the absent
and not voting being as follows:
??????????? Absent and Not Voting: Arvon, Deem,
Folk, Kessinger, Maynard, Rodighiero, Statler and Wilson.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (H. B. 2948) passed.
??????????? A
message from the Senate, by
??????????? The Clerk of the Senate, announced
that the Senate had passed, without amendment, a bill of the House of Delegates
as follows:
??????????? Com. Sub. for H.
B. 2949, Exempting specified Division of Natural Resources? contracts for
some replacement, repair or design for repairs to facilities from review and
approval requirements.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? H. B. 2963,
Eliminating tax lien waiver requirement for estates of nonresidents.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced concurrence in the
House of Delegates amendment, with a title amendment, and the passage, as amended,
of
??????????? S. B. 256,
Relating to prohibiting aiding and abetting of sexual abuse by school
personnel.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate title amendment.
??????????????? S.
B. 256 ? ?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?18A-4-22, relating to prohibiting aiding and abetting of
sexual abuse by school personnel; prohibiting school personnel, contractors,
agents or employees of any state, regional or local education agency from
assisting school employees, contractors or agents in obtaining a new job with
knowledge, or has probable cause to believe, that the person engaged in sexual
misconduct with a minor or student; clarifying that routine transmission of administrative
and personnel files is permissible; providing exceptions to prohibition on
aiding those individuals from obtaining new jobs; and clarifying the
relationship between prohibition and other statutes, regulations or policies.
??????????? On
passage of the bill, the yeas and nays were taken (Roll No. 401), and there were--yeas 93, nays none, absent and not
voting 7, with the absent and not voting being as follows:
??????????? Absent and Not Voting: Arvon, Deem,
Folk, Maynard, Rodighiero, Statler and Wilson.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 256) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
Resolutions Introduced
??????????? Delegates Hanshaw and Shott offered
the following resolution, which was read by its title and referred to the
Committee on Rules.
H. C. R. 124 ? ?Requesting that the Joint Committee
on Government and Finance study the requirement that any power generation facility
obtain a siting certificate from the State Public Service Commission and review
the current regulatory oversite of siting power generation and transmission
facilities in the state.?
Whereas,
West Virginia is rich in natural resources, such as coal and natural gas,
important to affordable power generation; and
Whereas,
West Virginia hopes to attract a diversified energy portfolio that includes
investment in fossil fuels power generation and renewable energy sources; and
Whereas,
West Virginia is strategically located to capitalize on power generation
investment to be exported and sold into the PJM Regional Transmission
Organization; and
Whereas,
West Virginia potentially stands to generate added revenue and employment
growth from power generation and electric transmission investment in the state;
and
Whereas,
The current regulatory oversite of new and existing power generation facilities
poses potential delays in the siting of new electric power facilities and
transmission infrastructure; and
Whereas,
The Joint Committee on Government and Finance shall assist in this study;
therefore, be it
Resolved by the Legislature of West Virginia:
That the
Joint Committee on Government and Finance is requested to study the existing
requirement that any power generation facility obtain a siting certificate from
the State Public Service Commission, and review commission oversite of the
siting of electric transmission infrastructure; and, be it
Further Resolved, That the
Joint Committee on Government and Finance should study the potential economic
and employment benefits of growth in power generation and transmission
infrastructure to the state; and, be it
Further Resolved, That
the Joint Committee on Government and Finance report to the regular session of
the Legislature, in 2018, on its findings, conclusions and recommendations,
together with any drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That
the expenses necessary to conduct this study, to prepare a report and to draft
necessary legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
??????????? Delegate Marcum offered the
following resolution, which was read by its title and referred to the Committee
on Roads and Transportation then Rules.
??????????? H.
C. R. 125 ? ?
Whereas,
Sergeant Fleming was born on June 9, 1948, to Goodlow and Lora Evans Fleming of
Wilsondale and passed away on August 30, 2013; and
Whereas,
Sergeant Fleming was the ninth child out of eleven. He had three brothers: John
P. Fleming, Ray Fleming, and Sherman Franklin Fleming all of Wilsondale, and
seven sisters: Betty June Shrader of Lineboro, Maryland, Faye Tatro of Tampa,
Florida, Debbie Buskell of Baltimore, Maryland, Mary Davis of Jacksonville,
Florida, Judy Maynard of Avon, Ohio, and Blaze Starr and Berta Gail Browning of
Wilsondale; and
Whereas,
Sergeant Fleming was a lifelong resident of Mingo County and it was there that
he raised a family and made a living as a coal miner. Throughout his life, he
overcame many obstacles, all while maintaining a great attitude. This made him
the man he would eventually become; and
Whereas,
As a young boy, Sergeant Fleming spent his days exploring the very countryside
he would eventually call home. He attended Lowney Grade School near his family
home, and graduated from Lenore High School in 1966. That same year, he
enlisted in the US Army. In the five years he served, he was promoted to the
level of Army Sergeant E-5, served in Vietnam, and eventually received an
honorable discharge. After returning home, he worked for the West Virginia
Department of Highways; and
Whereas,
Sergeant Fleming began working underground in the coal mines in the early to
mid-1970s, when the danger of working underground was at its highest. He worked
for Dehue Mines in Logan until they closed, and then went to work at Rawl Sales
Rocky Hollow for nearly fifteen years until he suddenly became sick while on
vacation with his family. He was diagnosed with transverse myelitis. After
spending months in the hospital, and at a rehabilitation center, he was left
paralyzed from the waist down, and confined to a wheelchair; and
Whereas,
When faced with an obstacle such as this, most people would have given up, but
not Sergeant Fleming. He had to learn how to use his hands again, and how to
sit up again.? He learned how to cook,
clean, do laundry, and be self-sufficient. Eventually, he would mow his own
grass, and the grass of his sister, just to keep busy. He also became active in
modifying facilities to become handicapped accessible. It was very important to
him to be able to get in and out of places without having to ask for
assistance; and
Whereas,
Sergeant Fleming had two daughters, Machelle and Teresa. He loved them dearly.
They married and had children of their own. Machelle had his first grandchild,
Jarrid, in 1991. This gave Sergeant Fleming something to get stronger for, and
something to look forward to. Jarrid was his whole world. He would spend
weekends with Sergeant Fleming, and he would feed him, bathe him, and change
his diaper, all while being confined to a wheelchair; and
Whereas,
Five years later, Machelle had Sergeant Fleming?s second grandchild, Seann
Cameron. He and Sergeant Fleming spent their time fishing, riding four
wheelers, and Sergeant Fleming would point out deer and bear tracks to his
grandson. Some weekends, Sergeant Fleming would keep both boys. That was when
he was at his happiest; and
Whereas,
In August of 1998, Teresa had Sergeant Fleming?s third grandchild, a boy named
Carson. Just as he did with the grandsons before him, Sergeant Fleming loved to
spend time with him, watching him play basketball and talk about trains. He too
would spend the night with Sergeant Fleming, and he would see to it that he was
well taken care of; and
Whereas,
Because of his grandkids, including a fourth, Mackenzie
Taylor, the last years of Sergeant Fleming?s life were his happiest. In
2002, he was the official scorekeeper for his grandson Jarrid?s baseball team,
and never missed a game. He traveled to the away games, as well as the home
games, and treated Jarrid?s teammates as if they were his own. He would buy the
kids drinks, hotdogs, and candy at the games, and they loved him as if he were
their own grandpa. He also spent time with his companion and life partner,
Cathy Perry. They were at their happiest when spending time outdoors and
sharing memories; and
Whereas,
In his last few years, Sergeant Fleming began reflecting on his life. He began
compiling notes and started the process of writing a short story about the life
and times of growing up in the 1950s. He titled it ?Growing Up Lowney.? It
tells the story of when he was young, and going to Lowney Grade School near his
childhood home. He goes into great detail, and tells everything he can remember
of growing up in that area of Mingo County. He typed the story himself, and
surprised his children and grandchildren each with a copy. The seven-page story
is Sergeant Fleming?s legacy. It is a small glimpse into the type of man that
he was. Although confined to a wheelchair for the last twenty-five years of his
life, Sergeant Fleming overcame many obstacles with the love and support of his
family. He overcame them to become a loving father, extraordinary grandfather,
and outstanding member of the community, all with a smile on his face; and
Whereas,
Finally, in 2001, Sergeant Fleming had his first granddaughter. Teresa gave
birth to Mackenzie Grace in July of that year. He loved having a little girl,
but she was just as rough and tough as the boys. They would all play baseball
in the front yard, ride four-wheelers, and go berry picking; and
Whereas,
For these reasons it is fitting and proper that the bridge be named in honor of
Sergeant Fleming. With his short story titled ?Growing Up Lowney,? and the
bridge known as the Lowney Singing Bridge, the irony is clear. Naming this
bridge for him would be a testament to the strong, loving family man that was
taken from us way too soon; therefore, be it
Resolved
by the West Virginia Legislature:
That the
Division of Highways is hereby requested to name bridge number 30-3/5-19.82
(30A268) (37.93753, -82.27931), locally known as Lowney Singing Bridge, carrying County Route
3/5 over West Fork of Twelvepole Creek
in Mingo County, the "US Army SGT Benny Fleming Memorial Bridge?; and, be
it
Further
Resolved, That the Commissioner of the Division of Highways is hereby
requested to erect signs at both ends of the bridge containing bold and
prominent letters proclaiming the bridge the "US Army SGT Benny Fleming
Memorial Bridge"; and, be it
Further
Resolved, That the Clerk of the House of Delegates forward a certified copy of
this resolution to the Secretary of Transportation.
??????????? Delegates Ward, Caputo, Longstreth
and Summers offered the following resolution, which was read by its title and
referred to the Committee on Rules.
H. C. R. 126 ? ?Requesting
the Division of Highways to name bridge number 25-79-140.37 NB & SB
(25A147, 25A148) (39.5047, -80.0708), locally known as Little Creek Road
Overpass, carrying Interstate 79 over County Route 76 in Marion county, the ?Pastor
Robert L. ?Bob? Barker Memorial Bridge?.?
Whereas,
Robert L. Barker was born in Parkersburg, West Virginia, July 20, 1953, and
went to be with the Lord on May 20, 2016; and
Whereas,
Robert L. Barker graduated from South Parkersburg High School and went on to
receive a Bachelor of Arts in Theology from Baptist University of America in
Atlanta, Georgia in 1979; and
Whereas,
Robert L. Barker founded Victory Baptist Church in Fairmont, West Virginia in
1983 and was elected the first pastor of the church; and
Whereas,
Robert L. Barker had a lifelong mission to spread the word of God in his
community and beyond; and
Whereas,
Robert L. Barker spread the word of God through outreach ministry weekly at
local nursing homes and Union Mission in Fairmont, West Virginia; and
Whereas,
Robert L. Barker and Victory Baptist Church supported nearly two-hundred
missionaries around the world to teach God?s word; and
Whereas,
Robert L. Barker was affectionately known as a soul winner in his community;
and
Whereas,
The congregation of Victory Baptist Church would like to memorialize their
beloved pastor; therefore, be it
Resolved by the Legislature of West Virginia:
That the
Division of Highways is hereby requested to name bridge number 25-79-140.37 NB
& SB (25A147, 25A148) (39.5047, -80.0708), locally known as Little Creek
Road Overpass, carrying Interstate 79 over County Route 76 in Marion County,
the ?Pastor Robert L. ?Bob? Barker Memorial Bridge?; and, be it
Further Resolved, That the
Division of Highways is hereby requested to erect signs at both ends of the
bridge containing bold and prominent letters proclaiming the bridge the ?Pastor
Robert L. ?Bob? Barker Memorial Bridge?; and, be it
Further
Resolved, That
the Clerk of the House of Delegates forward a certified copy of this resolution
to the Commissioner of the Division of Highways.
??????????? Delegates Fast and Ambler offered
the following resolution, which was read by its title and referred to the
Committee on Rules.
H. C. R. 128 ? ?Requesting the Joint Committee on
Government and Finance to study the advantages, disadvantages, feasibility and
financial impact of requiring all maintenance and custodial work on state and
county buildings, facilities and equipment to be done under private contract
with private maintenance, physical services and custodial contractors;
including providing for preferences for visually impaired or disabled persons
in the bid requirements, and setting a reasonable implementation period.?
Whereas,
Present economic conditions of the state require that the Legislature examine
alternative methods to maintain or improve service to the public in more
cost-efficient ways; therefore, be it
Resolved by the Legislature of West Virginia:
That the
Joint Committee on Government and Finance study the advantages, disadvantages,
feasibility and financial impact of requiring all maintenance and custodial
work on state and county buildings, facilities and equipment to be done under
private contract with private maintenance, physical services and custodial
contractors; including providing for preferences for visually impaired or
disabled persons in the bid requirements, and setting a reasonable
implementation period; and, be it
Further Resolved, That the
Joint Committee on Government and Finance report to the regular session of the
Legislature, 2018, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That
the expenses necessary to conduct this study, to prepare a report and to draft
necessary legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
Petitions
??????????? Delegate
Sponaugle presented a petition signed by 1,103 of his citizens requesting tax
relief for Veterans; which was referred to the Committee on Finance.
Special Calendar
Unfinished Business
??????????? The following resolutions, coming up
in regular order, as unfinished business, were reported by the Clerk and
adopted:
??????????? S.
C. R. 8, Donnie Adkins Memorial Bridge,
??????????? S. C. R. 11,
USMC Lance Corporal Edwin Russell 'Snook' Danehart Memorial Bridge,
??????????? S. C. R. 13,
US Army CPL James Russell Carter Memorial Road,
??????????? S. C. R. 14,
US Army PVT Oren J. "Junior" Johnson Memorial Bridge,
??????????? Com. Sub. for S. C. R. 15, US Army CPL Herbert "Herb"
Linkous Memorial Bridge,
??????????? S.
C. R. 18, US Marine CPL
Walter Vincent Filipek Memorial Bridge,
??????????? S.
C. R. 21, US Army CPL
Daniel Frederick Mehringer Memorial Bridge,
??????????? Com.
Sub. for S. C. R. 23,
Johnny O'Dell Linville Memorial Bridge,
??????????? S.
C. R. 24, US Army PFC Joe
Messe, Sr., Memorial Bridge,
??????????? And,
??????????? Com.
Sub. for S. C. R. 26,
US Marine Corps SSG Beecher J. Rhoades Memorial Bridge.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? S. C. R. 28,
US Army SPC4 Randall W. Arbogast Memorial Road; coming up in regular order, as
unfinished business, was reported by the Clerk.
??????????? On motion of Delegate Cowles, the
resolution was amended on page one, line one, by striking out the remainder of
the resolution and inserting in lieu thereof the following:
??????????? ?Requesting the Division of Highways
to name a section of U. S. Route 219 from its Intersection with WV State Route
15 at Valley Head, West Virginia, south to the Pocahontas County line in
Randolph County, the ?U. S. Army SPC 4 Randall W. Arbogast Memorial Road.
Whereas, Randall W. Arbogast was
born at Valley Head, West Virginia, on February 12, 1945, the eldest son of the
late Warren Everett Arbogast and Arizona Ware Arbogast. He was a graduate of
Tygarts Valley High School Class of 1964 and was employed by Pioneer Lumber
Company until entering the U. S. Army on September 29, 1965, and was one of
4,000 soldiers assigned to the elements of the 196th Light Infantry Brigade,
the first ?light? infantry brigade in U. S. military history; and
Whereas,
U. S. Army SPC 4 Randall W. Arbogast was the only casualty of the Vietnam War
from the southern Randolph County communities of Valley Head, Mingo and
Monterville, West Virginia and was also the only graduate of Tygarts Valley
High School to lose his life in the Vietnam War; and
Whereas,
Randall served with B Company 4th Battalion 31 Infantry from September 29, 1965
thru February 11, 1967; on his 22nd birthday, February 12, 1967, he was
transferred to B Company 1st Battalion Mechanized 5th Infantry 25th Infantry
Division where he was assigned as an 11C10 Indirect Fire Infantryman M-60
Machine Gunner; and
Whereas,
On May 3, 1967, Randall?s squad was engaged in hostile action with the enemy in
Hau Nghia Province when he was hit with a blast from a white phosphorous
grenade and suffered sixty-eight percent total body burns with forty-seven
percent being third degree burns; Randall was evacuated from the field and on
May 8, 1967, arrived at Brook General Hospital, Fort Sam Houston, Texas, for
treatment of his injuries; and
Whereas,
U. S. Army SPC 4 Randall W. Arbogast died on May 31, 1967, of septicemia due to
burns received in combat in Hau Nghia Province, Vietnam; he was awarded the
Purple Heart, Bronze Star, the Republic of Vietnam Campaign Medal, the Vietnam
Service Medal, the National Defense Medal and the Combat Infantry Badge; his
name is listed on the Vietnam Memorial Wall in Washington, D. C.; and
Whereas,
Randall was survived by two brothers, Stanley and Steve Arbogast, and six
sisters, Lou Arbogast Burkhardt, Leanne Arbogast, Jean Arbogast Hesson, Janice
Arbogast Hadley, Kayleen Arbogast Dunsmoor and Carol Arbogast; and
Whereas,
The death of this brave American soldier and his sacrifice to his country,
state and community should not go unnoticed and the naming of a section of U.
S. Route 219, from its intersection with WV State Route 15 at Valley Head, West
Virginia, south to the Pocahontas County line, the ?U. S. Army SPC 4 Randall W.
Arbogast Memorial Road? in Randolph County would be an appropriate tribute;
therefore, be it
??????????? Resolved
by the Legislature of West Virginia:
That
the Division of Highways is hereby requested to name a section of U. S. Route
219 from its intersection with WV State Route 15 at Valley Head, West Virginia,
south to the Pocahontas County line in Randolph County, the ?U. S. Army SPC 4
Randall W. Arbogast Memorial Road?; and, be it
Further Resolved, That the Division of
Highways is hereby requested to have made and be placed signs identifying the
road as the ?U. S. Army SPC 4 Randall W. Arbogast Memorial Road?; and, be it
??????????? Further
Resolved, That the Clerk of the Senate is hereby directed to forward a
copy of this resolution to the Commissioner of the Division of Highways.?
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
??????????? The following resolutions, coming up
in regular order, as unfinished business, were reported by the Clerk and
adopted:
??????????? S.
C. R. 31, US Navy BT2
Mark Edward Hutchison Memorial Bridge,
??????????? S.
C. R. 39, US Army PFC Kelva
H. Justice Memorial Road,
??????????? S.
C. R. 41, US Army PV2
Mandvial S. "Bunker" Bias Memorial Bridge,
??????????? S.
C. R. 43, Eugene Lee
"Gene" Burner Memorial Bridge,
??????????? And,
??????????? S.
C. R. 45, Home of Anna
Lindquist, 1996 NHSPA Hall of Fame Inductee highway sign.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? H. R. 15,
Supporting the passage of HR 1315 introduced in the United States House of
Representatives to roll back ethanol fuel requirements; coming up in regular
order, as unfinished business, was reported by the Clerk and adopted.
??????????? The following resolutions, coming up
in regular order, as unfinished business, were reported by the Clerk and
adopted:
??????????? H.
C. R. 47, U. S. Army
CPL Wilson B. Lambert, Jr. Memorial Road,
??????????? Com.
Sub. for H. C. R. 53,
US Army Corporal Jerry Lee Noble Memorial Bridge,
??????????? Com.
Sub. for H. C. R. 64,
Gill Brothers World War II Veterans? Memorial Bridge,
??????????? Com.
Sub. for H. C. R. 65,
Hobert G. ?Hobie? Underwood Memorial Bridge,
??????????? Com.
Sub. for H. C. R. 84,
U.S. Army Air Force S/SGT Harold ?Dean? Baker Memorial Bridge,
??????????? Com.
Sub. for H. C. R. 93,
Extending WV Route 93,
??????????? Com.
Sub. for H. C. R. 98,
John H. Reed, Jr. Memorial Bridge,
??????????? And,
??????????? H.
C. R. 118, Craddock
Brothers Bridge.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Third Reading
??????????? Com. Sub. for S. B. 134, Authorizing Bureau of Commerce to promulgate legislative
rules; on third reading, coming up in regular order, was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 402), 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: Deem, Folk,
Rodighiero and Storch.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 134) passed.
??????????? On motion of Delegate Shott, the
title of the bill was amended to read as follows:
??????????? Com. Sub. for S. B. 134 -
?A Bill to amend and reenact ?64-10-1, ?64-10-2 and ?64-10-3 of the Code of
West Virginia, 1931, as amended, all relating to authorizing certain Bureau of
Commerce legislative rules; repealing certain legislative, procedural or
interpretive rules promulgated by certain agencies and boards under the Bureau
of Commerce which are no longer authorized or are obsolete; authorizing the
promulgation of legislative rules by various executive or administrative
agencies of the state; authorizing certain agencies to promulgate certain
legislative rules with various modifications presented to and recommended by
the Legislative Rule-Making Review Committee; authorizing the Division of
Natural Resources to promulgate a legislative rule relating to the point system
for the revocation of hunting ? repeal; authorizing the Division of Natural
Resources to promulgate a legislative rule relating to revocation of hunting
and fishing licenses; authorizing the Division of Natural Resources to
promulgate a legislative rule relating to special waterfowl hunting;
authorizing the Division of Natural Resources to promulgate a legislative rule
relating to the commercial sale of wildlife; authorizing the Division of
Natural Resources to promulgate a legislative rule relating to miscellaneous
permits and licenses; repealing the Division of Natural Resources legislative
rule relating to litter control grant program; authorizing the Office of
Miners? Health, Safety and Training to promulgate a legislative rule relating
to certification, recertification and training of EMT-Miners and the
certification of EMT-M instructors; and authorizing the Board of Coal Mine
Health and Safety to promulgate a legislative rule relating to rules governing
proximity detection systems and haulage safety generally.?
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 403), 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: Deem, Folk,
Rodighiero and Storch.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 134) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com. Sub. for S. B. 240, Creating crime of nonconsensual distribution of sexual
images; on third reading, coming up in regular order, was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 404), and there were--yeas 96, nays none, absent and not voting 4, with
the absent and not voting being as follows:
??????????? Absent and Not Voting: Deem, Folk,
Rodighiero and Storch.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 240) passed.
??????????? On motion of Delegate Shott, the
title of the bill was amended to read as follows:
Com. Sub. for S. B. 240 ? ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated
?61-8-28a, relating to creating the offense of nonconsensual disclosure of
privately taken images of another that show intimate parts of the depicted
person or show the depicted person engaged in sexually explicit conduct;
defining terms; setting forth elements of the crime; providing for criminal
penalties; providing circumstances in which this section does not apply; and
excluding providers of interactive computer services, information services, and
telecommunications services from liability under this section.?
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
Com.
Sub. for S. B. 255,
Relating generally to filling vacancies in elected 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. 405), and there were--yeas
87, nays 10, absent and not voting 3, with the nays and absent and not voting
being as follows:
??????????? Nays: Byrd, Caputo, Fleischauer,
Fluharty, Marcum, Phillips, Pushkin, Robinson, Sponaugle and Thompson.
??????????? Absent and Not Voting: Deem, Folk
and Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 255) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com. Sub. for S. B. 299, Supplementing, amending, decreasing and increasing items
of appropriations from State Road Fund to DOH; on third reading, coming up in
regular order, was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 406), and there were--yeas 97, nays none, absent and not voting 3, with
the absent and not voting being as follows:
??????????? Absent and Not Voting: Deem, Folk
and Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 299) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 407), 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: Deem, Folk
and Rodighiero.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 299) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S. B. 339,
Creating Legislative Coalition on Chronic Pain Management; on third reading,
coming up in regular order, was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 408), and there were--yeas 97, nays none, absent and not voting 3, with
the absent and not voting being as follows:
??????????? Absent and Not Voting: Deem, Folk
and Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 339) passed.
??????????? On motion of Delegate Ellington, the
title of the bill was amended to read as follows:
??????????? S.
B. 339 ? ?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated ?16-52-1, ?16-52-2, ?16-52-3, ?16-52-4 and
?16-52-5, all relating to creating a legislative coalition on chronic pain
management; setting forth findings; setting forth a purpose; providing for
administrative functions of the coalition; setting forth membership of the
coalition; providing for appointments to be made by the President of the
Senate; providing for appointments to be made by the Speaker of the House of
Delegates; setting forth powers of the coalition; setting forth duties of the
coalition; setting forth required reporting; setting forth reporting data
elements; and providing a sunset date.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S. B. 345,
Allowing certain hunting and trapping on private lands on Sundays; 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. 409), and there were--yeas 92, nays 5, absent and not voting 3, with
the nays and absent and not voting being as follows:
??????????? Nays: A. Evans, Fast, Hanshaw,
Sponaugle and Statler.
??????????? Absent and Not Voting: Deem, Folk
and Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 345) passed.
??????????? An amendment to the title of the
bill, recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the title to read as follows:
S. B. 345 ?- ?A Bill to repeal ?20-2-19a of the
Code of West Virginia, 1931, as amended; to amend and reenact ?20-2-5,
?20-2-42g and ?20-2-42h of said code; all relating to hunting; repealing
limitations on trappers on Sundays; eliminating local option election regarding
hunting on Sunday on private land; permitting hunting on Sunday on private
land; clarifying hunting on Sunday on public lands is unlawful; and superseding
ballot measures relating to Sunday hunting that have passed or failed prior to
the effective date of the amendments.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S. B. 360,
Creating Legislative Coalition on Diabetes Management; on third reading, coming
up in regular order, was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 410), and there were--yeas 97, nays none, absent and not voting 3, with
the absent and not voting being as follows:
??????????? Absent and Not Voting: Deem, Folk
and Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 360) passed.
??????????? On motion of Delegate Ellington, the
title of the bill was amended to read as follows:
S. B. 360 ?
?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated ?16-5Z-1, ?16-5Z-2, ?16-5Z-3, ?16-5Z-4 and
?16-5Z-5, all relating to creating the Legislative Coalition on Diabetes
Management; setting forth findings and purpose; providing for administrative
functions of the coalition to be performed by legislative staff; setting forth
membership of the coalition; providing for appointments to be made by the
President of the Senate and the Speaker of the House of Delegates; setting
forth powers and duties of the coalition; setting forth required reporting;
setting forth reporting data elements; requiring state entities to cooperate
with the coalition in its duties; and providing a sunset date.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com. Sub. for S. B. 402, Relating to covenants not to compete between physicians
and hospitals; 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. 411), and there were--yeas 80, nays 18, absent and not voting 2, with
the nays and absent and not voting being as follows:
??????????? Nays: Byrd, Eldridge, E. Evans,
Fast, N. Foster, Hamilton, Hill, Kessinger, Love, Marcum, Martin, McGeehan,
Moore, Paynter, Robinson, Statler, Wagner and Wilson.
??????????? Absent and Not Voting: Folk and
Rodighiero.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 402) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com. Sub. for S. B. 441, Establishing Municipal Home Rule Pilot Program; on third
reading, coming up in regular order, was read a third time.
Delegate Howell requested to be excused
from voting on questions regarding Com. Sub. for S. B. 441 under the provisions
of House Rule 49.
??????????? The Speaker replied that Delegate Howell
exhibits direct personal or pecuniary interest therein and not as a member of a
class of persons, and excused the Gentleman from voting.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 412), and there were--yeas 92, nays 2, excused 1, with the nays and
absent and not voting and excused being as follows:
??????????? Nays: McGeehan and Sobonya.
??????????? Absent and Not Voting: Folk, Hicks,
Rodighiero, Thompson and Williams.
??????????? Excused: Howell.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 441) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S. B. 490,
Clarifying standard of liability for officers of corporation; 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. 413), and there were--yeas 90, nays 6, absent and not voting 4, with
the nays and absent and not voting being as follows:
??????????? Nays: Diserio, Fleischauer, Isner,
Marcum, Pushkin and Pyles.
??????????? Absent and Not Voting: Folk, Hicks,
Rodighiero and Williams.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 490) passed.
??????????? On motion of Delegate Shott, the
title of the bill was amended to read as follows:
S. B. 490 ?
?A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated ?31D-8-842a, relating to the standard of
liability for officers of a corporation; establishing standards of liability
for officers of a corporation; providing an officer is not liable to the corporation
or its shareholders for any decision to take or not to take action or any
failure to take any action as an officer except in specified circumstances;
providing standards a party seeking to hold an officer liable must establish
when seeking money damages; providing standards a party seeking to hold an
officer liable must establish when seeking other legal remedies; and clarifying
that certain actions under different code sections or the United States code
are unaffected.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S. B. 578,
Relating generally to copies of health care records furnished to patients; on
third reading, coming up in regular order, was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 414), and there were--yeas 82, nays 14, absent and not voting 4, with
the nays and absent and not voting being as follows:
??????????? Nays: Barrett, Brewer, Caputo,
Diserio, Eldridge, Ferro, Fleischauer, Fluharty, Love, Marcum, Miley, Pyles,
Sponaugle and Thompson.
??????????? Absent and Not Voting: Folk, Hicks,
Rodighiero and Williams.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 578) passed.
??????????? On motion of Delegate Shott, the
title of the bill was amended to read as follows:
S. B. 578 ? ?A Bill to amend and reenact ?16-29-1
and ?16-29-2 of the Code of West Virginia, 1931, as amended, all relating
generally to copies of health care records; providing that health care records
must be furnished no more than thirty days from the receipt of the request from
a patient, his or her representative, authorized agent, or authorized
representative; stating that electronic copies of health records may be
provided in a downloadable format through a secure web portal; permitting a
personal representative to act in lieu of a patient in certain circumstances; clarifying
that fees shall apply to subpoenaed records; establishing fees for providing
copies of health care records; and providing that the per page fee shall be
adjusted annually according to the consumer price index.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com. Sub. for S. B. 602, Creating uniform system of recording and indexing
fictitious names used by sole proprietors; 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. 415), 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: Folk, Hicks,
Rodighiero and Williams.
??????????? So, a majority of the members present
and voting having voted in the affirmative, the Speaker declared the bill (Com.
Sub. for S. B. 602) passed.
??????????? On motion of Delegate Shott, the
title of the bill was amended to read as follows:
Com. Sub. for S. B. 602 ? ?A Bill to amend and reenact ?47-8-2 and
?47-8-3 of the Code of West Virginia, 1931, as amended, all relating to
registering and indexing of fictitious names used by sole proprietors,
individuals, or general partnerships; striking exemptions; and providing that
the Secretary of State shall keep a searchable database for all persons filing
forms to register and index factious names.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com. Sub. for S. B. 606, Relating to minimum wage and maximum hours for employees;
on third reading, coming up in regular order, was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 416), and there were--yeas 55, nays 43, absent and not voting 2, with
the nays and absent and not voting being as follows:
??????????? Nays: Baldwin, Barrett, Bates,
Boggs, Brewer, Byrd, Canestraro, Caputo, Cooper, Dean, Diserio, Eldridge, A.
Evans, E. Evans, Ferro, Fleischauer, Fluharty, Hamilton, Hicks, Hornbuckle,
Iaquinta, Isner, Lewis, Longstreth, Love, Lovejoy, Lynch, Marcum, Miley, R.
Miller, Moye, Pethtel, Phillips, Pushkin, Pyles, Queen, Rodighiero, Rohrbach,
Rowe, Sponaugle, Thompson, Wagner and Ward.
??????????? Absent and Not Voting: Folk and
Williams.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 606) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S. B. 621,
Providing certain rules inapplicable after county board of education notifies
state board of possible closing or consolidations; on third reading, coming up
in regular order, was read a third time.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 417), and there were--yeas
66, nays 32, absent and not voting 2, with the nays and absent and not voting
being as follows:
??????????? Nays: Baldwin, Byrd, Canestraro,
Caputo, Eldridge, A. Evans, E. Evans, Ferro, Fleischauer, Fluharty, Hamilton,
Hicks, Hornbuckle, Iaquinta, Isner, Kelly, Love, Lynch, Marcum, Miley, R.
Miller, Moye, Pushkin, Pyles, Robinson, Rodighiero, Rowe, Sponaugle, Thompson,
Upson, Wagner and Ward.
??????????? Absent and Not Voting: Folk and
Williams.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 621) passed.
??????????? An amendment to the title of the
bill, recommended by the Committee on Education, was reported by the Clerk and
adopted, amending the title to read as follows:
??????????? S.
B. 621 ? ?A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated ?29A-3B-13, relating to providing that
at any point after a county board of education provides written notice to the
state board that it has taken official action to begin the process of closing
or consolidating a school or schools, any revision or supplementation to
certain rules is applicable to the school closing or consolidation project
described in the county board?s notification to the state board.?
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 418), and there
were--yeas 59, nays 39, absent and not voting 2, with the nays and absent and
not voting being as follows:
??????????? Nays: Baldwin, Bates, Boggs, Brewer,
Byrd, Canestraro, Caputo, Diserio, Eldridge, A. Evans, E. Evans, Fast, Ferro,
Fleischauer, Fluharty, Hamilton, Hicks, Hornbuckle, Iaquinta, Isner, Kelly,
Longstreth, Love, Lovejoy, Lynch, Marcum, Miley, R. Miller, Moye, Pethtel,
Pushkin, Pyles, Robinson, Rodighiero, Rowe, Sponaugle, Thompson, Wagner and
Ward.
??????????? Absent and Not Voting: Folk and
Williams.
??????????? So, two thirds of the members
elected to the House of Delegates not having voted in the affirmative, the
Speaker declared the motion rejected.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com. Sub. for S. B. 631, Prosecuting violations of municipal building code; on
third reading, coming up in regular order, was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 419), and there were--yeas 95, nays 4, absent and not voting 1, with
the nays and absent and not voting being as follows:
??????????? Nays: Eldridge, McGeehan, Sobonya
and Upson.
??????????? Absent and Not Voting: Folk.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 631) passed.
??????????? On motion of Delegate Shott, the
title of the bill was amended to read as follows:
Com. Sub. for S. B. 631 ? ?A Bill to amend and reenact ?8-12-13
and ?8-12-16 of the Code of West Virginia, 1931, as amended, all relating generally
to municipal ordinances and procedures; creating a procedure for misdemeanor
prosecutions of violations of municipal ordinances; defining terms; providing
for the designation of enforcement agencies; providing a procedure for code
enforcement agency officials to enter premises for investigation or inspection
of a structure, dwelling or building; granting plenary power to the governing
body of every municipality to adopt an ordinance providing for the vacating,
closing, removal or demolition of specific dwellings, structures or buildings
by a municipality in the absence of owner agreement or court order with
specific requirements; providing for notice to the owner of the right to apply
to the circuit court for a temporary injunction or other similar relief;
requiring a hearing to be held within twenty days if the owner makes such
application to the circuit court; requiring an owner to pay a bond into court
if the owner seeks a continuance of the hearing seeking a temporary injunction
or other similar relief; allowing for the disbursement of moneys paid into
court by an owner if a court finds that the property is unsafe, unsanitary,
dangerous or detrimental to the public safety or welfare; permitting a
governing body of a municipality to file a lien against the real property for
an amount that reflects all costs incurred by a municipality for repairing,
altering or improving, or of vacating and closing, removing or demolishing any
dwelling or building; permitting a municipality to institute a civil action in
circuit court against a landowner or other responsible party to obtain an order
to take corrective action up to and including demolition of any structure,
dwelling or building that is unsafe, unsanitary, dangerous or detrimental to
the public safety or welfare and permitting a municipality to recover all
reasonable costs and expenses incurred by the municipality with respect to the
property and for reasonable attorney fees and court costs incurred in the
prosecution of the action; providing for service of notices of violations; and
providing for a procedure to prosecute ordinances adopted under the section
pertaining to regulating the repair, alteration, improvement, closing,
demolition, etc., of structures, dwelling or buildings that are unsafe,
unsanitary, dangerous or detrimental to the public safety or welfare.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
Com.
Sub. for S. B. 636,
Authorizing State Fire Commission establish program to address problems facing
VFDs; on third reading, coming up in regular order, was read a third time.
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 420), and there were--yeas
95, nays 3, absent and not voting 2, with the nays and absent and not voting
being as follows:
??????????? Nays: Cowles, Sobonya and White.
??????????? Absent and Not Voting: Folk and
Wilson.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 636) passed.
??????????? S. B. 690,
Authorizing WV State Police impose and collect fees for agencies and entities
using their facilities; 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. 421), and there were--yeas
99, nays none, absent and not voting 1, with the absent and not voting being as
follows:
??????????? Absent and Not Voting: Folk.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 690) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 422), and there
were--yeas 99, nays none, absent and not voting 1, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Folk.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (S. B. 690) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
Second Reading
??????????? S. J. R. 6,
Roads to Prosperity Amendment of 2017; on second reading, coming up in regular
order, was read a second time.
??????????? An
amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the resolution on page one, following the enacting
section, by striking out the reminder of the resolution and inserting in lieu
thereof the following:
?Roads to
Prosperity Amendment of 2017.
(a)
The Legislature shall have power to authorize the issuing and selling of state
bonds not exceeding in the aggregate $1.6 billion. The proceeds of said bonds
are hereby authorized to be issued and sold over a four-year period in the
following amounts:
(1)
July 1, 2017, an amount not to exceed $800 million;
(2)
July 1, 2018, an amount not to exceed $400 million;
(3)
July 1, 2019, an amount not to exceed $200 million; and
(4)
July 1, 2020, an amount not to exceed $200 million.
Any
bonds not issued under the provisions of subdivisions (1) through (3),
inclusive, of this subsection may be carried forward and issued in any
subsequent year before July 1, 2022.
(b)
The proceeds of the bonds shall be used and appropriated for the following
purposes:
(1)
Matching available federal funds for highway and bridge construction in this
state; and
(2)
General highway and secondary road and bridge construction or improvements in
each of the fifty-five counties.
(c)
When a bond issue as aforesaid is authorized, the Legislature shall at the same
time provide for the collection of an annual state tax, as well as certain
fees, which shall be in a sufficient amount to pay the interest on such bonds
and the principal thereof as such may accrue within and not exceeding
twenty-five years, which tax and fees may include, but shall not be limited to:
(1) increases to fees charged by the Division of Motor Vehicles; (2) additional
fees on motor vehicles fueled, in part or entirely, by alternative fuels or
electricity; and (3) increases to the motor fuel excise tax.? Such taxes and fees shall be levied in any
year only to the extent that the moneys in the state road fund irrevocably set
aside and appropriated for and applied to the payment of the interest on and
the principal of said bonds becoming due and payable in such year are
insufficient therefor. Any interest that accrues on the issued bonds prior to
payment shall only be used for the purposes of the bonds.
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 ?Roads to Prosperity Amendment
of 2017? and the purpose of the proposed amendment is summarized as follows:
?To provide for the improvement and construction of safe roads in the state by
the issuance of bonds not to exceed $1.6 billion in the aggregate to be paid
for from the State Road Fund by the collection of annual state taxes and fees,
which may include, but are not limited to: increases in fees charged by the
Division of Motor Vehicles, additional fees charged by the Division of Motor
Vehicles, and increases to the motor fuel excise taxes as provided by the
Legislature by general law.?
??????????? The resolution was ordered to third
reading.
??????????? S.
B. 25, Creating
farm-to-food bank tax credit; on second reading, coming up in regular order,
was read a second time and ordered to third reading.
??????????? S.
B. 27, Relating to
microprocessor permit; on second reading, coming up in regular
order, was, at the request of Delegate Cowles and by unanimous consent, placed
at the foot of the calendar.
??????????? Com.
Sub. for S. B. 40,
Requiring inclusion of protocols for response to after-school emergencies in
school crisis response plans; on second reading, coming up in regular order,
was read a second time.
??????????? An amendment, recommended by the
Committee on Education, 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
section, designated ?18-2-25b, to read as follows:
?18-2-25b. Emergency Action Plans for
Athletics.
(a)
No later than August 1, 2017, the West Virginia Secondary Schools Athletics Commission
shall promulgate rules to establish guidelines for emergency action plans for
athletics, designed to respond to athletic injuries that occur on school
property during school-sponsored athletic events. The rules shall address, at a
minimum:
(1) Protocols
for practices and for games;
(2)
Directives for personnel or equipment which should be available on sports
fields or in school buildings for both girls? and boys? teams; and
(3)
Training needed for school or volunteer personnel on an as-needed basis.
?(b)
All member schools shall submit an emergency action plan for athletics to the
West Virginia Secondary Schools Athletics Commission and their county boards of
education by December 31, 2017:? Provided,
That the county boards shall keep the emergency plan of each school in the
county on file and, unless otherwise provided for, provide a copy of each
school?s emergency action plan for athletics to each local emergency response
agency that has a role in the plan.
(c)
Any person licensed by, or certified or registered in, this state to provide
health care or professional health care services who renders services of a
medical nature to students under this section, who has an agreement with a
county board of education that defines the scope of his or her duties as such,
and for which no remuneration is demanded or received, is not liable for any
civil damages as a result of rendering such services, or as a result of any act
or failure to act in providing or arranging further medical treatment.?
(1)
The limitation of liability only applies if the services are provided in
accordance with acceptable standards of care and the licensed health care
provider is not grossly negligent or does not demonstrate willful
misconduct.?
(2)
Any liability is limited to the applicable limits of the professional liability
insurance provided by the State Board of Risk and Insurance Management in
effect at the time.?
(3)? Nothing in this subsection nullifies the
immunity from civil liability as granted pursuant to section fifteen, article
seven, chapter fifty-five of this code or federal law except to the extent to
which the actions are covered within the applicable limits of the professional
liability insurance provided by the State Board of Risk and Insurance
Management pursuant to this section and in effect at the time.?
??????????? The bill was ordered to third
reading.
??????????? At 11:15 a.m., on motion of Delegate
Cowles, the House of Delegates recessed until 12:30 p.m.
?*
* * * * * *
Afternoon Session
* * * * * * *
The House of Delegates was called to
order by the Honorable Tim Armstead, Speaker.
Special Calendar
Second Reading
-continued-
??????????? Com. Sub. for S. B. 76, Creating WV Second Chance for Employment Act; on second
reading, coming up in regular order, was read a second time, advanced to third
reading and the rule was suspended to permit the offering and consideration of
amendments on that reading.
??????????? Com.
Sub. for S. B. 116,
Authorizing MAPS promulgate legislative rules; on second reading, coming up in
regular order, was read a second time.
??????????? An
amendment, recommended by the Committee on the Judiciary, 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
?64-6-1, ?64-6-2 and ?64-6-3 of the Code of West Virginia, 1931, as amended, be
amended and reenacted, all to read as follows:
ARTICLE 6. AUTHORIZATION FOR DEPARTMENT
OF MILITARY AFFAIRS AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
?64-6-1. Governor?s Committee on Crime,
Delinquency and Correction.
??????????? The legislative rule filed in the
State Register on August 26, 2016, authorized under the authority of section
three, article twenty-nine, chapter thirty of this code, modified by the
Governor?s Committee on Crime, Delinquency and Correction to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the
State Register on December 20, 2016, relating to the Governor?s Committee on
Crime, Delinquency and Correction (law-enforcement training and certification
standards, 149 CSR 02), is authorized with the following amendments:
??????????? On page 10, subdivision 8.2.a., by
striking out each of the two uses of the underlined word ?must? and inserting
in lieu thereof the word ?shall?;
??????????? On page 16, subdivision 14.1.b.,
after the underlined word ?certification? by inserting the word ?holder?;
??????????? And,
??????????? On page 16, subdivision 14.1.b,
after the underlined word ?against? by striking the word ?it? and inserting in
lieu thereof the words ?him or her?.
?64-6-2. State Fire Marshal.
??????????? The legislative rule filed in the
State Register on August 26, 2016, authorized under the authority of section
eight, article three-e, chapter twenty-nine of this code, modified by the State
Fire Marshal to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on December 21, 2016, relating to
the State Fire Marshal (regulation of fireworks and related explosive
materials, 103 CSR 04), is authorized with the following amendments:
??????????? On page 5, subsection 3.44, after
the word ?issued? by deleting the word ?a?;
??????????? On page 6, paragraph 5.1.b.6, by
striking out the following ?Require Manager(s) of any CFRS to complete and pass
a limited online safety training approved by the State Fire Commission. At
least one (1) certificate shall be submitted? and inserting in lieu thereof the
words ?Submit at least one (1) certificate?;
??????????? On page 7, subdivision 5.1.o, by
striking the words ?this article? and inserting in lieu thereof the word ?the
law or this rule?;
??????????? On page 9, subdivision 5.4.a, after
the words ?jurisdiction over? by inserting the word ?the?;
??????????? On page 11, subdivision 8.2.f, by
striking out the words ?Applicants shall be required to provide? and inserting
in lieu thereof the word ?Provide?;
??????????? On page 12, paragraph 8.3.a.2, by
striking out the words ?Pay the required? and inserting in lieu thereof the
word ?A?;
??????????? On page 12, subsection 9.1, after
the words ?engaged in?, by inserting the word ?the?;
??????????? On page 14, paragraph 10.1.a.3,
after the words ?certificate and? by inserting the word ?meets?;
??????????? On page 15, subdivision 11.4.c, by
adding the word ?or? after the semicolon;
??????????? On page 15, subdivision 11.7.a,
after the word ?alcohol? by striking the period and adding a semicolon;
??????????? On page 15, subdivision 11.7.b,
after the word ?substance? by striking the period and adding a semicolon;
??????????? On page 15, subdivision 11.7.c,
after the word ?drug? by striking the period and adding a semicolon;
??????????? On page 15, subdivision 11.7.d,
after the word ?drug? by striking the period and adding a semicolon and the
word ?or?;
??????????? And,
??????????? On page 15, subdivision 11.6.f, by
striking out the subdivision number and inserting in lieu thereof a new
subsection number 11.8.
?64-6-3. Division of Justice and
Community Services.
??????????? The legislature directs the Division
of Justice and Community Services, pursuant to the authority given to the
Division in section ten, article seven, chapter seventeen-b of this code, to
promulgate the legislative rule filed in the State Register by the Division on February
17, 2017, relating to the Division (William R. Laird IV ? second chance
driver?s license program, 224 CSR 1), with the following amendments:
??????????? On page 2, by renumbering
subdivision ?2.1? to ?2.9?;
??????????? And,
??????????? On page 8, by correcting the Code
date from ?1131? to ?1931?.
??????????? The bill was ordered to third
reading.
??????????? S.
B. 174, Exempting
transportation of household goods from PSC jurisdiction; on second reading,
coming up in regular order, was read a second time.
??????????? An
amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the bill on page one, immediately following the
enacting clause, by striking out the remainder of the bill and inserting in
lieu thereof the following:
?That
?24A-1-3 of the Code of West Virginia, 1931, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 1. PURPOSES, DEFINITIONS AND EXEMPTIONS.
??24A-1-3. Exemptions from chapter.
The
provisions of this chapter, except where specifically otherwise provided, do
not apply to:
(1)
Motor vehicles operated exclusively in the transportation of United States mail
or in the transportation of newspapers: Provided, That the vehicles and
their operators are subject to the safety rules promulgated by the commission;
(2)
Motor vehicles owned and operated by the United States of America, the State of
West Virginia or any county, municipality or county board of education, urban
mass transportation authority established and maintained pursuant to article
twenty-seven, chapter eight of this code, or by any of their departments, and
any motor vehicles operated under a contract with a county board of education
exclusively for the transportation of children to and from school or other
legitimate transportation for the schools as the commission may specifically
authorize;
(3)
Motor vehicles used exclusively in the transportation of agricultural or
horticultural products, livestock, poultry and dairy products from the farm or
orchard on which they are raised or produced to markets, processing plants,
packing houses, canneries, railway shipping points and cold storage plants, and
in the transportation of agricultural or horticultural supplies to farms or
orchards where they are to be used: Provided, That the vehicles that are
exempted by this subdivision and are also operated by common carriers by motor
vehicle or contract carriers by motor vehicle, and their operators are subject
to the safety and insurance rules promulgated by the commission;
(4)
Motor vehicles used exclusively in the transportation of human or animal
excreta;
(5)
Motor vehicles used exclusively in ambulance service or duly chartered rescue
squad service;
(6)
Motor vehicles used exclusively for volunteer fire department service;
(7)
Motor vehicles used exclusively in the transportation of coal from mining
operations to loading facilities for further shipment by rail or water
carriers: Provided, That the vehicles and their operators are subject to
the safety rules promulgated by the commission and the vehicles that are
exempted by this subdivision and are also operated by common carriers by motor
vehicle or contract carriers by motor vehicle, and their operators are subject
to the insurance rules promulgated by the commission;
(8)
Motor vehicles used by petroleum commission agents and oil distributors solely
for the transportation of petroleum products and related automotive products
when the transportation is incidental to the business of selling the products: Provided,
That the vehicles and their operators are subject to the safety rules
promulgated by the commission and the vehicles that are exempted by this
subdivision and are also operated by common carriers by motor vehicle or
contract carriers by motor vehicle, and their operators are subject to the
insurance rules promulgated by the commission;
(9)
Motor vehicles owned, leased by or leased to any person and used exclusively
for the transportation of processed source-separated recycled materials
generated by commercial, institutional and industrial customers, transported
free of charge or by a nonprofit recycling cooperative association in
accordance with subdivision (1), subsection (d), section one, article four,
chapter nineteen of this code from the customers to a facility for further processing:
Provided, That the vehicles and their operators shall be subject to the
safety rules promulgated by the commission and the vehicles that are exempted
by this subdivision and are also operated by common carriers by motor vehicle
or contract carriers by motor vehicle, and their operators are subject to the
insurance rules promulgated by the commission;
(10)
Motor vehicles specifically preempted from state economic regulation of
intrastate motor carrier operations by the provisions of 49 U. S. C. ?14501 as
amended by Title I, Section 103 of the federal Interstate Commerce Commission
Termination Act of 1995: Provided, That the vehicles and their operators
are subject to the safety regulations promulgated by the commission and the
vehicles that are exempted by this subdivision and are also operated by common
carriers by motor vehicle or contract carriers by motor vehicle, and their
operators are subject to the insurance rules promulgated by the commission;
(11)
Motor vehicles designated by the West Virginia Bureau of Senior Services for
use and operation by local county aging programs: Provided, That the
vehicles and their operators are subject to the safety rules promulgated by the
commission;
(12)
Motor vehicles designated by the West Virginia Division of Public Transit
operated by organizations that receive federal grants from the Federal Transit
Administration: Provided, That the vehicles and their operators are
subject to the safety and insurance rules promulgated by the commission; and
(13)
Motor vehicles used exclusively in the nonemergency medical transportation of
Medicaid members by community action agencies as designated by the Governor,
including those under contract with any broker authorized by the Bureau for
Medical Services although : Provided,
That these vehicles and their operators shall be subject to the safety
rules promulgated by the commission; and
(14)
Common carriers or contract carriers engaged in the business of transporting
household goods and motor vehicles used exclusively in the transportation of
household goods;?.
??????????? The bill was ordered to third
reading.
??????????? Com.
Sub. for S. B. 187,
Providing for confidentiality of patients? medical records; on second reading,
coming up in regular order, was read a second time.
??????????? An
amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the bill on page one, by striking out everything
after the enacting clause and inserting in lieu thereof the following:
?That
?27-3-1 of the Code of West Virginia, 1931, as amended, be amended and
reenacted to read as follows:
ARTICLE
3. CONFIDENTIALITY.
?27-3-1.
Definition of confidential information; disclosure.
(a)
Communications and information obtained in the course of treatment or
evaluation of any client or patient are confidential information. Such
confidential information includes the fact that a person is or has been a
client or patient, information transmitted by a patient or client or family
thereof for purposes relating to diagnosis or treatment, information
transmitted by persons participating in the accomplishment of the objectives of
diagnosis or treatment, all diagnoses or opinions formed regarding a client?s
or patient?s physical, mental or emotional condition, any advice, instructions
or prescriptions issued in the course of diagnosis or treatment, and any record
or characterization of the matters hereinbefore described. It does not include
information which does not identify a client or patient, information from which
a person acquainted with a client or patient would not recognize such client or
patient and uncoded information from which there is no possible means to
identify a client or patient.
(b)
Confidential information shall not be disclosed, except:
(1)
In a proceeding under section four, article five of this chapter to disclose
the results of an involuntary examination made pursuant to section two, three
or four of said article;
(2)
In a proceeding under article six-a of this chapter to disclose the results of
an involuntary examination made pursuant thereto;
(3)
Pursuant to an order of any court based upon a finding that the information is
sufficiently relevant to a proceeding before the court to outweigh the
importance of maintaining the confidentiality established by this section;
(4)
To provide notice to the federal National Instant Criminal Background Check
System, established pursuant to section 103(d) of the Brady Handgun Violence
Prevention Act, 18 U. S. C. ?922, in accordance with article seven-a, chapter
sixty-one of this code;
(5)
To protect against a clear and substantial danger of imminent injury by a
patient or client to himself, herself or another;
(6)
For treatment or internal review purposes, to staff of the mental health
facility where the patient is being cared for or to other health professionals
involved in treatment of the patient; and
(7)
Without the patient's
consent as provided for under the Privacy Rule of the federal Health Insurance
Portability and Accountability Act of 1996, 45 C.F.R. ?164.506, for thirty days
from the date of admission to a mental health facility if: (i) The provider
makes a good faith effort to obtain consent from the patient or legal
representative prior to disclosure; (ii) the minimum information necessary is
released for a specifically stated purpose; and (iii) prompt notice of the
disclosure, the recipient of the information and the purpose of the disclosure
is given to the patient or legal representative.
(6)
Pursuant to and as provided for under the federal privacy rule of the Health
Insurance Portability and Accountability Act of 1996 in 45 CFR ?164.506; and
(7)
Pursuant to and as provided for under the federal privacy rule of the Health
Insurance Portability and Accountability Act of 1996 in 45 CFR ?164.512:? Provided,
That disclosures made pursuant to 45 CFR ?164.512(e) comply with
subdivision (3) of this subsection.
(8) Upon
execution of a duly executed release in compliance with the Health Insurance
Portability and Accountability Act of 1996.?
The bill was
ordered to third reading.
??????????? Delegate Cowles moved that the
constitutional rule requiring the bill to be fully and distinctly read on three
different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 423), 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: Dean, Folk
and Walters.
??????????? So, four fifths of the members
present having voted in the affirmative, the constitutional rule was dispensed
with.
??????????? The bill was read a third time and
put upon its passage.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 424), and there were--yeas 96, nays 1, absent and not voting 3, with
the nays and absent and not voting being as follows:
??????????? Nays: Love.
??????????? Absent and Not Voting: Dean, Folk
and Walters.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 187) passed.
??????????? On motion of Delegate Shott, the
title of the bill was amended to read as follows:
S. B. 187 - ??A
Bill to amend and reenact ?27-3-1 of the Code of West Virginia, 1931, as
amended, relating generally to confidentiality of medical records for patients?
physical, mental or emotional conditions generally; eliminating disclosure
exception for treatment or internal review purposes; eliminating 30-day
requirement; eliminating requirement that provider make good faith effort to
obtain consent from the patient or legal representative; eliminating
requirement that the minimum information necessary is released for a
specifically stated purpose; eliminating requirement that prompt notice of the
disclosure, the recipient of the information and the purpose of the disclosure
is given to the patient or legal representative; adopting provisions of federal
law which pertain to disclosure of protected health information; and providing
for disclosure upon execution of a duly executed release in compliance with the
Health Insurance Portability and Accountability Act of 1996.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence thereon.
??????????? The bill was ordered to third
reading.
??????????? Com.
Sub. for S. B. 202,
Relating to pawnbrokers generally; on second reading, coming up in regular
order, was read a second time.
??????????? An amendment, recommended by the
Committee on the Judiciary, was reported by the Clerk and adopted, amending the
bill on page two, section two-a, line fourteen, by striking out subsection (b)
in its entirety and inserting a new subsection (b) to read as follows:
??????????? ??(b) During the course of business, a
pawnbroker may not purchase, pawn, receive or exchange a gift card with a
balance that exceeds $100, or is in the aggregate of $300 in a thirty day time
frame, from any one individual.?
??????????? The bill was ordered to third
reading.
??????????? S.
B. 219, Relating to
conspiracy to commit crimes under Uniform Controlled Substances Act; on second
reading, coming up in regular order, was read a second time and ordered to
third reading.
??????????? Com. Sub. for S. B. 220, Relating to offenses and penalties under Uniform
Controlled Substances Act; on second reading, coming up in regular order, was
read a second time, advanced to third reading and the rule was suspended to
permit the offering and consideration of amendments on that reading.
??????????? S.
B. 235, Relating to
motorcycle registration renewal; on second reading, coming up in regular order,
was read a second time.
??????????? An amendment, recommended by the
Committee on the Finance, was reported by the Clerk and adopted, amending the
bill on page two, section three, line twenty-six, following the words ?at least
one year?, by inserting the words ?from the date of registration?
followed by a comma.
??????????? And,
??????????? On page two, section
three, line twenty-seven, following the words ?to the division?, by striking
out the colon and the proviso in its entirety and inserting a period.
??????????? The bill was ordered to third
reading.
??????????? Delegate
Cowles moved that the constitutional rule requiring the bill to be fully and distinctly
read on three different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 425), 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: Dean, Folk,
Walters and Zatezalo.
??????????? So, four fifths of the members
present having voted in the affirmative, the constitutional rule was dispensed
with.
??????????? The bill was read a third time and
put upon its passage.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 426), 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: Dean, Folk,
Walters and Zatezalo.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 235) 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:
??????????? S.
B. 235 - ?A Bill to amend and reenact ?17A-10-3 of the Code of West
Virginia, 1931, as amended, relating to requiring that the registration fee and
any other fees required by this chapter for motorcycles and parking enforcement
vehicles shall be for at least one year.?
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 427), 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: Dean, Folk,
Walters and Zatezalo.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (S. B. 235) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com.
Sub. for S. B. 238,
Increasing tax credits allowed for rehabilitation of certified historic
structures; on second reading, coming up in regular order, was read a second
time.
??????????? 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 the remainder of the bill
in its entirety and inserting in lieu thereof the following:
?That ?11-21-8a and
?11-21-8e of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that ?11-24-23a and ?11-24-23e of said code be amended and
reenacted, all to read as follows:
ARTICLE
21. PERSONAL INCOME TAX.
?11-21-8A.
Credit for qualified rehabilitated buildings investment. A credit against the
tax imposed by the provisions of this article shall be is allowed
as follows:
(a) Certified historic structures. ? For certified historic
structures, the credit is equal to ten percent of qualified
rehabilitation expenditures as defined in Title 26, ?47(c)(2) of the United
States Code, as amended: Provided, That
for qualified rehabilitation expenditures made after June 30, 2018, the credit
allowed by this section is equal to fifteen percent of the qualified
rehabilitation expenditure;? Provided, however, That for qualified
rehabilitation expenditures made after June 30, 2019, the credit allowed by
this section is equal to twenty percent of the qualified rehabilitation
expenditure; Provided further, That
for qualified rehabilitation expenditures made after June 30, 2020, the credit
allowed by this section is equal to twenty-five percent of the qualified
rehabilitation expenditure; And provided
further, That the taxpayer may not be entitled to this credit if the
taxpayer is in arrears in the payment of any tax administered by the Tax
Division or the taxpayer is delinquent in the payment of property taxes on the
property containing the certified historic tax structure when the applicant
begins to claim the credit and throughout the time period within which the
credit is claimed. The Tax Commissioner shall promulgate procedural rules in
accordance with article three, chapter twenty-nine-a of this code that provide
what information must accompany any claim for the tax credit for the
determination that the taxpayer is not in arrears in the payment of any tax
administered by the Tax Division nor is the taxpayer delinquent in the payment
of property taxes on the property containing the certified historic tax
structure.? The Tax Commissioner may also
propose rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code for the administration of
this tax credit and to provide any necessary mechanism to recover credits
claimed by taxpayers that become delinquent in the payment of property taxes on
the property containing the historic structure or become in arrears in the
payment of any tax administered by the Tax Division. This credit is
available for both residential and nonresidential buildings located in this
state, that are reviewed by the West Virginia Division of Culture and History
and designated by the National Park Service, United States Department of the
Interior as certified historic structures, and further defined as a qualified
rehabilitated building, as defined under Title 26, ?47(c)(1) of the United
States Code, as amended.
(b)? No more than $5 million of the tax credits
may be allocated by the Division of Culture and History in any given West
Virginia state fiscal year.? The Division
of Culture and History shall allocate the tax credits in the order the
applications therefor are received.
?11‑21‑8e. Carryback,
carryforward.
(a) Any unused portion of the credit for qualified rehabilitated
buildings investment authorized by section eight‑a of this article which
may not be taken in the taxable year to which the credit applies qualifies for
carryback and carryforward treatment subject to the identical general provisions
under ?39,
Title 26 of the United States Code, as amended: Provided, That the
amount of the credit taken in a taxable year shall in no event exceed the tax
liability due for the taxable year: Provided,
however, That for tax years beginning January 1, 2018, any unused portion
of the credit authorized by section eight-a of this article, may not be carried
back to any prior taxable year; Provided,
further, That for tax years beginning January 1, 2018, any unused portion
of the credit authorized by section eight-a of this article may be carried over
to each of the next five tax years following the unused credit year until used
or forfeited due to lapse of time.
(b) Effective for taxable years beginning on and after January 1,
2001, credits granted to an electing small business corporation (S
corporation), limited partnership, general partnership, limited liability
company or multiple owners of property shall be passed through to the
shareholders, partners, members or owners, either pro rata or pursuant to an
agreement among the shareholders, partners, members or owners documenting an
alternative distribution method. The Tax Commissioner shall promulgate
procedural rules in accordance with article three, chapter twenty‑nine‑a
of this code that provide the method of reporting the alternative method of
distribution authorized by this section.
ARTICLE
24. CORPORATION NET INCOME TAX.
?11-24-23a.
Credit for qualified rehabilitated buildings investment.
(a) A credit against the tax
imposed by the provisions of this article shall be allowed as follows:
Certified
historic structures. ? For certified historic structures, the credit is equal
to ten percent of qualified rehabilitation expenditures as defined in
?47(c)(2), Title 26 of the United States Code, as amended: Provided, That for qualified rehabilitation expenditures
made after June 30, 2018, the credit allowed by this section is equal to
fifteen percent of the qualified rehabilitation expenditure;? Provided,
however, That for qualified rehabilitation expenditures made after June 30,
2019, the credit allowed by this section is equal to twenty percent of the
qualified rehabilitation expenditure; Provided
further, That for qualified rehabilitation expenditures made after June 30,
2020, the credit allowed by this section is equal to twenty-five percent of the
qualified rehabilitation expenditure; And
provided further, That the taxpayer may not be entitled to this credit if
the taxpayer is in arrears in the payment of any tax administered by the Tax
Division or the taxpayer is delinquent in the payment of property taxes on the
property containing the certified historic tax structure when the applicant
begins to claim the credit and throughout the time period within which the credit
is claimed. The Tax Commissioner shall promulgate procedural rules in
accordance with article three, chapter twenty-nine-a of this code that provide
what information must accompany any claim for the tax credit for the
determination that the taxpayer is not in arrears in the payment of any tax
administered by the Tax Division nor is the taxpayer delinquent in the payment
of property taxes on the property containing the certified historic tax
structure.? The Tax Commissioner shall
also propose rules for legislative approval in accordance with the provisions
of article three, chapter twenty-nine-a of this code for the administration of
this tax credit and to provide any necessary mechanism to recover credits
claimed by taxpayers that become delinquent in the payment of property taxes on
the property containing the historic structure or become in arrears in the
payment of any tax administered by the Tax Division. This credit is
available for both residential and nonresidential buildings located in this
state that are reviewed by the West Virginia Division of Culture and History
and designated by the national park service, United States department of the
interior as "certified historic building", and further defined as a ?qualified
rehabilitated building?, as defined under ?47(c)(1), Title 26, of the United
States Code, as amended.
(b)? No more than $5 million of the tax credits
may be allocated by the Division of Culture and History in any given West
Virginia state fiscal year.? The Division
of Culture and History shall allocate the tax credits in the order the
applications therefor are received.
?11-24-23e. Carryback,
carryforward.
Any unused portion of the credit for qualified rehabilitated
buildings investment authorized by section twenty-three-a of this article which
may not be taken in the taxable year to which the credit applies shall qualify
for carryback and carryforward treatment subject to the identical general
provisions under ?39,
Title 26 of the United States Code, as amended: Provided, That the
amount of such credit taken in a taxable year shall in no event exceed the tax
liability due for the taxable year: Provided,
however That for tax years beginning January 1, 2018, any unused portion of
the credit authorized by section twenty-three a of this article, may not be
carried back to any prior taxable year: Provided,
further, That for tax years beginning January 1, 2018, any unused portion
of the credit authorized by section twenty-three-a of this article may be
carried over to each of the next five tax years following the unused credit
year until used or forfeited due to lapse of time.?
??????????? The bill was ordered to third
reading.
??????????? Delegate
Cowles moved that the constitutional rule requiring the bill to be fully and
distinctly read on three different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 428), and there
were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and
not voting being as follows:
??????????? Nays: G. Foster.
??????????? Absent and Not Voting: Folk, Marcum
and Walters.
??????????? So, four fifths of the members
present having voted in the affirmative, the constitutional rule was dispensed
with.
??????????? The bill was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 429), and there were--yeas 90, nays 8, absent and not voting 2, with
the nays and absent and not voting being as follows:
??????????? Nays: Blair, Cowles, G. Foster, N.
Foster, Kessinger, Marcum, Sobonya and Wilson.
??????????? Absent and Not Voting: Folk and
Walters.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 238) 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:
S.
B. 238 ? ?A Bill to amend and reenact ?11-21-8a
and ?11-21-8e of the Code of West Virginia, 1931, as amended; and to amend and
reenact ?11-24-23a and ?11-24-23e of said code,?
all relating to tax credits for qualified rehabilitated buildings
investment; increasing the allowable corporation net income tax credit and
personal income tax credit for qualified rehabilitated buildings investments;
limiting taxpayers eligible for the credits; authorizing Tax Commissioner to
promulgate procedural rules and propose legislative rules; and setting limits
on total aggregate tax credits in a fiscal year and limiting carry forward and
carry back of unused tax credits.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com. Sub. for S. B. 288, Increasing penalty for crime of child abuse causing death
by parent, guardian, custodian or other person; on second reading, coming up in
regular order, was read a second time, advanced to third reading and the rule
was suspended to permit the offering and consideration of amendments on that
reading.
??????????? S. B. 333,
Requiring all DHHR-licensed facilities access WV Controlled Substances
Monitoring Program Database; on second reading, coming up in regular order, was
read a second time.
??????????? An amendment, recommended by the
Committee on the Judiciary, was reported by the Clerk and adopted, amending the
bill on page one, by striking out everything after the enacting clause and
inserting in lieu thereof the following:???
?That ?60A-9-4, ?60A-9-5, and ?60A-9-5a
of the Code of West Virginia, 1931, as amended, be amended and reenacted; and
that said code be amended by adding thereto a new section, designated ?60A-9-9
all to read as follows:
ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.
?60A‑9‑4. Required information.
(a) Whenever a medical services provider dispenses a controlled
substance listed in Schedule II, III or IV as established under the provisions
of article two of this chapter or an opioid antagonist, or whenever a
prescription for the controlled substance or opioid antagonist is filled by: (i)
A pharmacist or pharmacy in this state; (ii) a hospital, or other health care
facility, for outpatient use; or (iii) a pharmacy or pharmacist licensed by the
Board of Pharmacy, but situated outside this state for delivery to a person
residing in this state, the medical services provider, health care facility,
pharmacist or pharmacy shall, in a manner prescribed by rules promulgated by
the board under Board of Pharmacy pursuant to this article,
report the following information, as applicable:
(1) The name, address, pharmacy prescription number and Drug
Enforcement Administration controlled substance registration number of the
dispensing pharmacy or the dispensing physician or dentist;
(2) The full legal name, address and birth date of the person for
whom the prescription is written;
(3) The name, address and Drug Enforcement Administration
controlled substances registration number of the practitioner writing the
prescription;
(4) The name and national drug code number of the Schedule II, III
and IV controlled substance or opioid antagonist dispensed;
(5) The quantity and dosage of the Schedule II, III and IV
controlled substance or opioid antagonist dispensed;
(6) The date the prescription was written and the date filled;
(7) The number of refills, if any, authorized by the prescription;
(8) If the prescription being dispensed is being picked up by
someone other than the patient on behalf of the patient, the first name, last
name and middle initial, address and birth date of the person picking up the
prescription as set forth on the person?s government‑issued photo
identification card shall be retained in either print or electronic form until
such time as otherwise directed by rule promulgated by the board Board
of Pharmacy; and
(9) The source of payment for the controlled substance dispensed.
(b) Whenever a medical services provider treats a patient for an
overdose that has occurred as a result of illicit or prescribed medication, the
medical service provider shall report the full legal name, address and birth date
of the person who is being treated, including any known ancillary evidence of
the overdose.? The Board of Pharmacy
shall coordinate with the Division of Justice and Community Services and the
Office of Drug Control Policy regarding the collection of overdose data.?
(b) (c) The board Board
of Pharmacy may prescribe by rule promulgated under this pursuant
to this article the form to be used in prescribing a Schedule II, III, and
IV substance or opioid antagonist if, in the determination of the board Board
of Pharmacy, the administration of the requirements of this section would
be facilitated.
(c) (d) Products regulated by
the provisions of article ten of this chapter shall be subject to reporting
pursuant to the provisions of this article to the extent set forth in said
article.
(d) (e) Reporting required by
this section is not required for a drug administered directly to a patient by a
practitioner. Reporting is, however, required by this section for a drug
dispensed to a patient by a practitioner. Provided, That the
The quantity dispensed by a prescribing practitioner to his or her own
patient may not exceed an amount adequate to treat the patient for a maximum of
seventy‑two hours with no greater than two 72‑hour cycles dispensed
in any fifteen‑day period of time.
(e) (f) The Board of Pharmacy shall notify a physician
prescribing buprenorphine or buprenorphine/naloxone within sixty days of the
availability of the an abuse deterrent form of buprenorphine or
buprenorphine/naloxone is if approved by the Food and Drug
Administration as provided in FDA Guidance to Industry. Upon receipt of the
notice, a physician may switch their patients using buprenorphine or
buprenorphine/naloxone to the abuse deterrent form of the drug.
?60A‑9‑5. Confidentiality; limited
access to records; period of retention; no civil liability for required
reporting.
(a)(1) The information required by this article to be kept by the board
Board of Pharmacy is confidential and not subject to the provisions of
chapter twenty‑nine‑b of this code or obtainable as discovery in
civil matters absent a court order and is open to inspection only by inspectors
and agents of the board Board of Pharmacy, members of the West
Virginia State Police expressly authorized by the Superintendent of the West
Virginia State Police to have access to the information, authorized agents of
local law‑enforcement agencies as members of a federally affiliated drug
task force, authorized agents of the federal Drug Enforcement Administration,
duly authorized agents of the Bureau for Medical Services, duly authorized
agents of the Office of the Chief Medical Examiner for use in post‑mortem
examinations, duly authorized agents of the Office of Health Facility
Licensure and Certification for use in certification, licensure and regulation
of health facilities, duly authorized agents of licensing boards of
practitioners in this state and other states authorized to prescribe Schedules
II, III and IV controlled substances, prescribing practitioners and pharmacists,
a dean of any medical school or his or her designee located in this state to
access prescriber level data to monitor prescribing practices of faculty
members, prescribers and residents enrolled in a degree program at the school
where he or she serves as dean, a physician reviewer designated by an employer
of medical providers to monitor prescriber level information of prescribing
practices of physicians, advance practice registered nurses or physician
assistant in their employ, and a chief medical officer of a hospital or a
physician designated by the chief executive officer of a hospital who does not
have a chief medical officer, for prescribers who have admitting privileges to
the hospital or prescriber level information, and persons with an
enforceable court order or regulatory agency administrative subpoena. Provided,
That all All law‑enforcement personnel who have access to the
Controlled Substances Monitoring Program database shall be granted access in
accordance with applicable state laws and the board?s legislative Board
of Pharmacy?s rules, shall be certified as a West Virginia law‑enforcement
officer and shall have successfully completed training approved by the board
Board of Pharmacy. All information released by the board Board
of Pharmacy must be related to a specific patient or a specific individual
or entity under investigation by any of the above parties except that
practitioners who prescribe or dispense controlled substances may request
specific data related to their Drug Enforcement Administration controlled
substance registration number or for the purpose of providing treatment to a
patient: Provided, That the West Virginia Controlled Substances
Monitoring Program Database Review Committee established in subsection (b) of
this section is authorized to query the database to comply with said
subsection.
(2) Subject to the provisions of subdivision (1) of this
subsection, the board Board of Pharmacy shall also review the
West Virginia Controlled Substance Monitoring Program database and issue
reports that identify abnormal or unusual practices of patients who exceed
parameters as determined by the advisory committee established in this section.
The board Board of Pharmacy shall communicate with practitioners
and dispensers to more effectively manage the medications of their patients in
the manner recommended by the advisory committee. All other reports produced by
the board Board of Pharmacy shall be kept confidential. The board
Board of Pharmacy shall maintain the information required by this
article for a period of not less than five years. Notwithstanding any other
provisions of this code to the contrary, data obtained under the provisions of
this article may be used for compilation of educational, scholarly or
statistical purposes, and may be shared with the West Virginia Department of
Health and Human Resources for those purposes, as long as the identities of
persons or entities and any personally identifiable information, including
protected health information, contained therein shall be redacted, scrubbed or
otherwise irreversibly destroyed in a manner that will preserve the
confidential nature of the information. No individual or entity required to
report under section four of this article may be subject to a claim for civil
damages or other civil relief for the reporting of information to the board Board
of Pharmacy as required under and in accordance with the provisions of this
article.
(3) The board Board of Pharmacy shall establish an
advisory committee to develop, implement and recommend parameters to be used in
identifying abnormal or unusual usage patterns of patients in this state. This
advisory committee shall:
(A) Consist of the following members: A physician licensed by the
West Virginia Board of Medicine, a dentist licensed by the West Virginia Board
of Dental Examiners, a physician licensed by the West Virginia Board of
Osteopathic Medicine, a licensed physician certified by the American Board of Pain
Medicine, a licensed physician board certified in medical oncology recommended
by the West Virginia State Medical Association, a licensed physician board
certified in palliative care recommended by the West Virginia Center on End of
Life Care, a pharmacist licensed by the West Virginia Board of Pharmacy, a
licensed physician member of the West Virginia Academy of Family Physicians, an
expert in drug diversion and such other members as determined by the board
Board of Pharmacy.
(B) Recommend parameters to identify abnormal or unusual usage
patterns of controlled substances for patients in order to prepare reports as
requested in accordance with subdivision (2), subsection (a) of this section.
(C) Make recommendations for training, research and other areas that
are determined by the committee to have the potential to reduce inappropriate
use of prescription drugs in this state, including, but not limited to,
studying issues related to diversion of controlled substances used for the
management of opioid addiction.
(D) Monitor the ability of medical services providers, health care
facilities, pharmacists and pharmacies to meet the 24-hour reporting
requirement for the Controlled Substances Monitoring Program set forth in
section three of this article, and report on the feasibility of requiring real‑time
reporting.
(E) Establish outreach programs with local law enforcement to
provide education to local law enforcement on the requirements and use of the
Controlled Substances Monitoring Program database established in this article.
(b) The board Board of Pharmacy shall create a West
Virginia Controlled Substances Monitoring Program Database Review Committee of
individuals consisting of two prosecuting attorneys from West Virginia
counties, two physicians with specialties which require extensive use of
controlled substances and a pharmacist who is trained in the use and abuse of
controlled substances. The review committee may determine that an additional
physician who is an expert in the field under investigation be added to the
team when the facts of a case indicate that the additional expertise is
required. The review committee, working independently, may query the database
based on parameters established by the advisory committee. The review committee
may make determinations on a case‑by‑case basis on specific unusual
prescribing or dispensing patterns indicated by outliers in the system or
abnormal or unusual usage patterns of controlled substances by patients which
the review committee has reasonable cause to believe necessitates further
action by law enforcement or the licensing board having jurisdiction over the
practitioners or dispensers under consideration. The licensing board having
jurisdiction over the practitioner or dispenser under consideration shall
report back to the Board of Pharmacy regarding any findings, investigation or
discipline resulting from the findings of the review committee within thirty
days of resolution of any action taken by the licensing board resulting from
the information provided by the Board of Pharmacy. The review committee shall
also review notices provided by the chief medical examiner pursuant to
subsection (h), section ten, article twelve, chapter sixty‑one of this
code and determine on a case‑by‑case basis whether a practitioner
who prescribed or dispensed a controlled substance resulting in or contributing
to the drug overdose may have breached professional or occupational standards
or committed a criminal act when prescribing the controlled substance at issue
to the decedent. Only in those cases in which there is reasonable cause to
believe a breach of professional or occupational standards or a criminal act
may have occurred, the review committee shall notify the appropriate
professional licensing agency having jurisdiction over the applicable
practitioner or dispenser and appropriate law‑enforcement agencies and
provide pertinent information from the database for their consideration. The
number of cases identified shall be determined by the review committee based on
a number that can be adequately reviewed by the review committee. The
information obtained and developed may not be shared except as provided in this
article and is not subject to the provisions of chapter twenty‑nine‑b
of this code or obtainable as discovering in civil matters absent a court
order.
(c) The board Board of Pharmacy is responsible for
establishing and providing administrative support for the advisory committee
and the West Virginia Controlled Substances Monitoring Program Database Review
Committee. The advisory committee and the review committee shall elect a chair
by majority vote. Members of the advisory committee and the review committee
may not be compensated in their capacity as members but shall be reimbursed for
reasonable expenses incurred in the performance of their duties.
(d) The board Board of Pharmacy shall promulgate
rules with advice and consent of the advisory committee, in accordance with the
provisions of article three, chapter twenty‑nine‑a of this code.
The legislative rules must include, but shall not be limited to, the following
matters:
(1) Identifying parameters used in identifying abnormal or unusual
prescribing or dispensing patterns;
(2) Processing parameters and developing reports of abnormal or
unusual prescribing or dispensing patterns for patients, practitioners and dispensers;
(3) Establishing the information to be contained in reports and
the process by which the reports will be generated and disseminated; and
(4) Setting up processes and procedures to ensure that the
privacy, confidentiality, and security of information collected, recorded,
transmitted and maintained by the review committee is not disclosed except as
provided in this section.
(e) Persons or entities with access to the West Virginia
Controlled Substances Monitoring Program database pursuant to this section may,
pursuant to rules promulgated by the board Board of Pharmacy,
delegate appropriate personnel to have access to said database.
(f) Good faith reliance by a practitioner on information contained
in the West Virginia Controlled Substances Monitoring Program database in
prescribing or dispensing or refusing or declining to prescribe or dispense a
Schedule II, III, or IV controlled substance shall constitute an absolute
defense in any civil or criminal action brought due to prescribing or
dispensing or refusing or declining to prescribe or dispense.
(g) A prescribing or dispensing practitioner may notify law
enforcement of a patient who, in the prescribing or dispensing practitioner?s
judgment, may be in violation of section four hundred ten, article four of this
chapter, based on information obtained and reviewed from the controlled
substances monitoring database. A prescribing or dispensing practitioner who
makes a notification pursuant to this subsection is immune from any civil,
administrative or criminal liability that otherwise might be incurred or
imposed because of the notification if the notification is made in good faith.
(h) Nothing in the article may be construed to require a
practitioner to access the West Virginia Controlled Substances Monitoring
Program database except as provided in section five‑a of this article.
(i) The board Board of
Pharmacy shall provide an annual report on the West Virginia Controlled
Substance Monitoring Program to the Legislative Oversight Commission on Health
and Human Resources Accountability with recommendations for needed legislation
no later than January 1 of each year.
?60A-9-5a. Practitioner requirements to access database and conduct
annual search of the database; required rulemaking.
(a) All
practitioners, as that term is defined in section one hundred one, article two
of this chapter who prescribe or dispense Schedule II, III or IV controlled
substances shall register with the West Virginia Controlled Substances
Monitoring Program and obtain and maintain online or other electronic access to
the program database: Provided, That
compliance with the provisions of this subsection must be accomplished within
thirty days of the practitioner obtaining a new license: Provided, however, That no licensing board the Board of
Pharmacy may renew a practitioner?s license without proof that the
practitioner meet the requirements of this subsection.
(b) Upon
initially prescribing or dispensing any pain-relieving controlled substance for
a patient for whom they are providing pain-relieving controlled substances
as part of a course of treatment for chronic, nonmalignant pain but who are not
suffering from a terminal illness and at least annually thereafter should
the practitioner or dispenser continue to treat the patient with controlled
substances, all persons with prescriptive or dispensing authority and in
possession of a valid Drug Enforcement Administration registration
identification number and, who are licensed by the Board of Medicine as set
forth in article three, chapter thirty of this code, the Board of Registered
Professional Nurses as set forth in article seven of said chapter, the Board of
Dental Examiners as set forth in article four of said chapter and the Board of
Osteopathic Medicine as set forth in article fourteen of said chapter shall
access the West Virginia Controlled Substances Monitoring Program database for
information regarding specific patients for whom they are providing
pain-relieving controlled substances as part of a course of treatment for
chronic, nonmalignant pain but who are not suffering from a terminal illness.
The information obtained from accessing the West Virginia Controlled Substances
Monitoring Program database for the patient shall be documented in the
patient?s medical record maintained by a private prescriber or any inpatient
facility licensed pursuant to the provisions of chapter sixteen of this code.
A pain-relieving controlled substance shall be defined as set forth in section
one, article three-a, chapter thirty of this code.
(c) The various boards mentioned in subsection
(b) of this section shall promulgate both emergency and legislative rules
pursuant to the provisions of article three, chapter twenty-nine-a of this code
to effectuate the provisions of this section.
?60A-9-9.? Drugs of concern designation.?
(a)? The
Board of Pharmacy may designate certain drugs as drugs of concern which must be
reported to the database established pursuant to this article. The designation
of a drug of concern shall be reserved for drugs which have a high potential
for abuse.? Whenever
a medical services provider dispenses a drug of concern or whenever a
prescription for a drug of concern is filled by: (i) A pharmacist or pharmacy
in this state; (ii) a hospital, or other health care facility, for outpatient
use; or (iii) a pharmacy or pharmacist licensed by the Board of Pharmacy, but
situated outside this state for delivery to a person residing in this state,
the medical services provider, health care facility, pharmacist or pharmacy
shall, in a manner prescribed by rules promulgated by the Board of Pharmacy
under this article, report the following information, as applicable:
(1) The name, address, pharmacy prescription number and Drug
Enforcement Administration controlled substance registration number of the
dispensing pharmacy or the dispensing physician or dentist;
(2) The full legal name, address and birth date of the person for
whom the prescription is written;
(3) The name, address and Drug Enforcement Administration
controlled substances registration number of the practitioner writing the
prescription;
(4)? The name and national
drug number of the drug of concern dispensed;
(5)? The quantity and dosage
of the drug of concern dispensed;
(6) The date the prescription was written and the date filled;
(7) The number of refills, if any, authorized by the prescription;
(8) If the prescription being dispensed is being picked up by
someone other than the patient on behalf of the patient, the first name, last
name and middle initial, address and birth date of the person picking up the
prescription as set forth on the person?s government‑issued photo
identification card shall be retained in either print or electronic form until
such time as otherwise directed by rule promulgated by the Board of Pharmacy;
and
(9) The source of payment for the drug of concern dispensed.
(b)? The
penalties set forth in section seven of this article shall not apply to drugs
listed as drugs of concern.? Failure to
report may be considered a violation of the practice act of the prescriber and
may result in discipline by the appropriate licensing board.??
(c)? The
Board of Pharmacy may promulgate emergency rules pursuant to the provisions of
section fifteen, article three, chapter twenty-nine-a of this code to
effectuate the provisions of this section.?
The bill was ordered to third reading.
??????????? Com.
Sub. for S. B. 388,
Relating to dangerous weapons; on second reading, coming up in regular order,
was read a second time.
??????????? An amendment, recommended by the
Committee on the Judiciary, was reported by the Clerk and adopted, amending the
bill on page one, immediately following the enacting clause, by striking out
the remainder of the bill and inserting in lieu thereof the following:
??????????? ?That
?61-7-11a and ?61-7-14 of the Code of West Virginia, 1931, as amended, be
amended and reenacted, all to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
?61-7-11a. Possessing
deadly weapons on premises of educational facilities; reports by school
principals; suspension of driver?s license; possessing deadly weapons on
premises housing courts of law and family law courts.
(a) The Legislature finds that the
safety and welfare of the citizens of this state are inextricably dependent
upon assurances of safety for children attending and persons employed by
schools in this state and for persons employed by the judicial department of
this state. It is for the purpose of providing assurances of safety that
subsections (b), (g) and (h) of this section and paragraph (I), subdivision
(2), subsection (b) of this section are enacted as a reasonable regulation
of the manner in which citizens may exercise the rights accorded to them
pursuant to section twenty-two, article three of the Constitution of the State
of West Virginia.
(b) (1) It is unlawful for a person to
possess a firearm or other deadly weapon on a school bus as defined in section
one, article one, chapter seventeen-a of this code, or in or on a public? primary or secondary education building,
structure, facility or grounds including a vocational education building,
structure, facility or grounds where secondary vocational education programs
are conducted or at a school-sponsored function, or in or on a private primary
or secondary education building, structure or facility: Provided, That it shall not be unlawful to possess a firearm or
other deadly weapon on or in a private primary or secondary education building,
structure or facility when such institution has adopted written policies
allowing for possession of firearms on or in the institution?s buildings,
structures or facilities.
(2) This subsection does not apply to:
(A) A law-enforcement officer employed
by a federal, state, county or municipal law- enforcement agency;
(B) Any probation officer appointed
pursuant to section five, article twelve, chapter sixty-two or chapter
forty-nine of this code in the performance of his or her duties;
(C) A retired law-enforcement officer
who:
(i) Is employed by a state, county or
municipal law-enforcement agency;
(ii) Is covered for liability purposes
by his or her employer;
(iii) Is authorized by a county board of
education and the school principal to serve as security for a school;
(iv) Meets all the requirements to carry
a firearm as a qualified retired law-enforcement officer under the
Law-Enforcement Officer Safety Act of 2004, as amended, pursuant to 18 U. S. C.
?926C(c); and
(v) Meets all of the requirements for
handling and using a firearm established by his or her employer and has
qualified with his or her firearm to those requirements;
(D) A person specifically authorized by
the Board of Education of the county or principal of the school where the
property is located to conduct programs with valid educational purposes;
(E) A person who, as otherwise permitted
by the provisions of this article, possesses an unloaded firearm or deadly
weapon in a motor vehicle or leaves an unloaded firearm or deadly weapon in a
locked motor vehicle;
(F) Programs or raffles conducted with
the approval of the county board of education or school which include the
display of unloaded firearms;
(G) The official mascot of West Virginia
University, commonly known as the Mountaineer, acting in his or her official
capacity; or
(H) The official mascot of Parkersburg
South High School, commonly known as the Patriot, acting in his or her official
capacity; or
(I) Any person, twenty-one years old or
older, who has a valid concealed handgun permit may possess a concealed handgun
while in a motor vehicle in a parking lot, traffic circle or other areas of
vehicular ingress or egress to a public school: Provided, That:
(i) when he or she is occupying the
vehicle the person stores the handgun out of view from persons outside the
vehicle; or
(ii) when he or she is not occupying the
vehicle the person stores the handgun out of view from persons outside the
vehicle, the vehicle is locked, and the handgun is in a locked trunk, glove box
or other interior compartment, or in a locked container securely fixed to the
vehicle.
(3) A person violating this subsection
is guilty of a felony and, upon conviction thereof, shall be imprisoned in a
state correctional facility for a definite term of years of not less than two
years nor more than ten years, or fined not more than $5,000, or both fined and
imprisoned.
(c) A school principal subject to the
authority of the State Board of Education who discovers a violation of
subsection (b) of this section shall report the violation as soon as possible
to:
(1) The State Superintendent of Schools.
The State Board of Education shall keep and maintain these reports and may
prescribe rules establishing policy and procedures for making and delivering
the reports as required by this subsection; and
(2) The appropriate local office of the
State Police, county sheriff or municipal police agency.
(d) In addition to the methods of
disposition provided by article five, chapter forty-nine of this code, a court
which adjudicates a person who is fourteen years of age or older as delinquent
for a violation of subsection (b) of this section may order the Division of
Motor Vehicles to suspend a driver?s license or instruction permit issued to
the person for a period of time as the court considers appropriate, not to
extend beyond the person?s nineteenth birthday. If the person has not been
issued a driver?s license or instruction permit by this state, a court may
order the Division of Motor Vehicles to deny the person?s application for a
license or permit for a period of time as the court considers appropriate, not
to extend beyond the person?s nineteenth birthday. A suspension ordered by the
court pursuant to this subsection is effective upon the date of entry of the
order. Where the court orders the suspension of a driver?s license or
instruction permit pursuant to this subsection, the court shall confiscate any
driver?s license or instruction permit in the adjudicated person?s possession
and forward to the Division of Motor Vehicles.
(e)(1) If a person eighteen years of age
or older is convicted of violating subsection (b) of this section and if the
person does not act to appeal the conviction within the time periods described
in subdivision (2) of this subsection, the person?s license or privilege to
operate a motor vehicle in this state shall be revoked in accordance with the
provisions of this section.
(2) The clerk of the court in which the
person is convicted as described in subdivision (1) of this subsection shall
forward to the commissioner a transcript of the judgment of conviction. If the
conviction is the judgment of a magistrate court, the magistrate court clerk
shall forward the transcript when the person convicted has not requested an
appeal within twenty days of the sentencing for the conviction. If the
conviction is the judgment of a circuit court, the circuit clerk shall forward
a transcript of the judgment of conviction when the person convicted has not
filed a notice of intent to file a petition for appeal or writ of error within
thirty days after the judgment was entered.
(3) If, upon examination of the
transcript of the judgment of conviction, the commissioner determines that the
person was convicted as described in subdivision (1) of this subsection, the
commissioner shall make and enter an order revoking the person?s license or
privilege to operate a motor vehicle in this state for a period of one year or,
in the event the person is a student enrolled in a secondary school, for a
period of one year or until the person?s twentieth birthday, whichever is the
greater period. The order shall contain the reasons for the revocation and the
revocation period. The order of suspension shall advise the person that because
of the receipt of the court?s transcript, a presumption exists that the person
named in the order of suspension is the same person named in the transcript.
The commissioner may grant an administrative hearing which substantially
complies with the requirements of the provisions of section two, article
five-a, chapter seventeen-c of this code upon a preliminary showing that a
possibility exists that the person named in the notice of conviction is not the
same person whose license is being suspended. The request for hearing shall be
made within ten days after receipt of a copy of the order of suspension. The
sole purpose of this hearing is for the person requesting the hearing to
present evidence that he or she is not the person named in the notice. If the
commissioner grants an administrative hearing, the commissioner shall stay the
license suspension pending the commissioner?s order resulting from the hearing.
(4) For the purposes of this subsection,
a person is convicted when he or she enters a plea of guilty or is found guilty
by a court or jury.
(f)(1) It is unlawful for a parent,
guardian or custodian of a person less than eighteen years of age who knows
that the person is in violation of subsection (b) of this section or has
reasonable cause to believe that the person?s violation of subsection (b) is
imminent to fail to immediately report his or her knowledge or belief to the
appropriate school or law-enforcement officials.
(2) A person violating this subsection
is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more
than $1,000, or shall be confined in jail not more than one year, or both fined
and confined.
(g)(1) It is unlawful for a person to
possess a firearm or other deadly weapon on the premises of a court of law,
including family courts.
(2) This subsection does not apply to:
(A) A law-enforcement officer acting in
his or her official capacity; and
(B) A person exempted from the
provisions of this subsection by order of record entered by a court with
jurisdiction over the premises or offices.
(3) A person violating this subsection
is guilty of a misdemeanor and, upon conviction thereof, shall be fined not
more than $1,000, or shall be confined in jail not more than one year, or both
fined and confined.
(h)(1) It is unlawful for a person to
possess a firearm or other deadly weapon on the premises of a court of law,
including family courts, with the intent to commit a crime.
(2) A person violating this subsection
is guilty of a felony and, upon conviction thereof, shall be imprisoned in a
state correctional facility for a definite term of years of not less than two
years nor more than ten years, or fined not more than $5,000, or both fined and
imprisoned.
(i) Nothing in this section may be
construed to be in conflict with the provisions of federal law.
?61-7-14. Right of certain persons to limit possession
of firearms on premises
Notwithstanding
the provisions of this article, any owner, lessee or other person charged with
the care, custody and control of real property may prohibit the carrying openly
or concealed concealing of any firearm or deadly weapon on
property under his or her domain: Provided, That for purposes of this
section ?person? means an individual or any entity which may acquire title to
real property.
Any
person carrying or possessing a firearm or other deadly weapon on the property
of another who refuses to temporarily relinquish possession of such the
firearm or other deadly weapon, upon being requested to do so, or to leave such
the premises, while in possession of such the firearm or
other deadly weapon, shall be is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than $1,000 or confined in the
county jail not more than six months, or both: Provided, That the
provisions of this section shall do not apply to those persons
a person as set forth in subsections (3) through (6) of section six
of this code subdivisions (3) through (7), inclusive, subsection (a),
section six of this article while such persons are the person is
acting in an official capacity; and to a person as set forth in subdivisions
(1) through (8), inclusive, subsection (b) of said section, while the
person is acting in his or her official capacity: Provided, however,
That under no circumstances, except as provided for by the provisions of
paragraph (I), subdivision (2), subsection (b), section eleven-a of this
article, may any person possess or carry or cause the possession or
carrying of any firearm or other deadly weapon on the premises of any primary
or secondary educational facility in this state unless such the
person is a law-enforcement officer or he or she has the express written
permission of the county school superintendent.?
The
bill was ordered to third
reading.
??????????? S.
B. 433, Permitting
counties increase excise tax on privilege of transferring real property; on
second reading, coming up in regular order, was read a second time.
??????????? Delegate
Phillips moved to amend the bill on page one, following the enacting section,
by adding the following:
?ARTICLE
6A. POLLUTION CONTROL FACILITIES TAX TREATMENT
?1.
Repeal of section related to wind power projects.
??????????? That
?11-6A-5a of the Code of West Virginia, 1931, as amended, is hereby repealed.?
??????????? And,
??????????? On
page one, by striking out the enacting section and inserting in lieu thereof a
new enacting section, to read as follows:
??????????? ?That
?11-6A-5a of the Code of West Virginia, 1931, as amended, be repealed; and that
?11-22-2 of said code be amended and reenacted, all to read as follows? and a
colon.
Delegate Anderson arose to a point of
order as to the germaneness of the amendment.
??????????? To the point of order, the Speaker
replied that the purpose of the amendment different than the fundamental
purpose of the bill and ruled that the amendment was not germane.
??????????? The bill was ordered to third
reading.
??????????? Com.
Sub. for S. B. 440,
Relating to use of Regional Jail and Correctional Facility Authority funds; on
second reading, coming up in regular order, was read a second time.
??????????? An
amendment, recommended by the Committee on Finance, was reported by the Clerk
and adopted, amending the bill on page one, following the enacting section, by
striking the remainder of the bill in its entirety and inserting in lieu
thereof the following:
?ARTICLE 20.? WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL
FACILITY AUTHORITY.
?31-20-10. Regional Jail
and Correctional Facility Authority funds.
(a)
The Regional Jail and Correctional Facility Authority may create special funds
in the State Treasury to identify various revenue sources and payment of
specific obligations.? These funds may be
used for purposes that include, but are not limited to, the construction,
renovation or repair of specific facilities, cash control, facility maintenance
and the individual operations accounts of facilities operated by the
authority.? The authority may create
other separate accounts within these funds that it determines are necessary for
the efficient operation of the authority.
(b)
Revenues deposited into these funds shall be used to make payments of interest
and shall be pledged as security for bonds, security interests or notes issued
or lease-purchase obligations entered into with another state entity by the
authority pursuant to this article.
(c)
Whenever the authority determines that the balance in these funds is in excess
of the immediate requirements of this article, it may request that the excess
be invested with the West Virginia Board of Treasury Investments until
needed.? In this case, the excess
shall be invested in a manner consistent with the investment of temporary state
funds.? Interest earned Earnings
on any money invested investments pursuant to this section shall
be credited to these funds.
(d)
If the authority determines that moneys held in these funds are in excess of
the amount needed to carry out the purposes of this article, it shall take any
action that is necessary to release the excess and transfer it to the General
Revenue Fund of the State Treasury.
(e)
These funds consist of the following:
(1)
Amounts raised by the authority by the sale of bonds or other borrowing
authorized by this article;
(2)
Moneys collected and deposited in the State Treasury which are specifically
designated by Acts of the Legislature for inclusion in these funds;
(3)
Contributions, grants and gifts from any source, both public and private, which
may be used by the authority for any project or projects;
(4)
All sums paid by the counties pursuant to subsection (h) of this section; and
(5)
All interest earned on investments made by the state from moneys deposited in
these funds.
(f)
The amounts deposited in these funds shall be accounted for and expended in the
following manner:
(1)
Amounts raised by the sale of bonds or other borrowing authorized by this
article shall be deposited in a separate account within these funds and
expended for the purpose of construction, renovation and repair of correctional
facilities, regional jails and juvenile detention and correctional facilities
for which need has been determined by the authority;
(2)
Amounts deposited from all other sources shall be pledged first to the debt
service on any bonded indebtedness, including lease-purchase obligations
entered into by the authority with another state entity or other obligation
incurred by borrowing of the authority;
(3)
After any requirements of debt service have been satisfied, the authority shall
requisition from these funds the amounts that are necessary to provide for
payment of the administrative expenses of this article;
(4)
The authority shall requisition from these funds, after any requirements of
debt service have been satisfied, the amounts that are necessary for the
maintenance and operation of regional jails that are constructed pursuant to
the provisions of this article and shall expend those amounts for that purpose.
These funds shall make an accounting of all amounts received from each county
by virtue of any filing fees, court costs or fines required by law to be
deposited in these funds and amounts from the jail improvement funds of the
various counties.? After the expenses of
administration have been deducted, the amounts expended in the respective
regions from those sources shall be in proportion to the percentage the amount
contributed to these funds by the counties in each region bears to the total
amount received by these funds from those sources;
(5)
Notwithstanding any other provisions of this article, sums paid into these
funds by each county pursuant to subsection (h) of this section for each inmate
shall be placed in a separate account and shall be requisitioned from these
funds to pay for costs incurred at the regional jail facility at which each
inmate was incarcerated; and
(6)
Any amounts deposited in these funds from other sources permitted by this
article shall be expended in the respective regions based on particular needs
to be determined by the authority.
(g)
(1) After a regional jail facility becomes available pursuant to this article
for the incarceration of inmates, each county within the region shall
incarcerate all persons whom the county would have incarcerated in any jail
prior to the availability of the regional jail facility in the regional jail
facility except those whose incarceration in a local jail facility used as a
local holding facility is specified as appropriate under the standards and
procedures developed pursuant to section nine of this article and who the
sheriff or the circuit court elects to incarcerate therein.
(2)
Notwithstanding the provisions of subdivision (1) of this subsection, circuit
and magistrate courts are authorized to:
(A)
Detain persons who have been arrested or charged with a crime, in a county
or municipal jail, specified as appropriate under the standards and
procedures developed pursuant to section nine of this article, for a period not
to exceed ninety-six hours; or
(B)
Commit persons convicted of a crime in a county or municipal jail,
specified as appropriate under the standards and procedures developed pursuant
to section nine of this article, for a period not to exceed fourteen days.
(h)
When inmates are placed in a regional jail facility pursuant to subsection (g)
of this section, the county shall pay into the Regional Jail and Correctional
Facility Authority Fund a cost per day for each incarcerated inmate to be
determined by the Regional Jail and Correctional Facility Authority according
to criteria and by procedures established by legislative rules proposed for
promulgation pursuant to article three, chapter twenty-nine-a of this code and
as established in section ten-a of this article to cover the costs of operating
the regional jail facilities of this state to maintain each inmate. The per
diem costs for incarcerating inmates may not include the cost of construction,
acquisition or renovation of the regional jail facilities: Provided, That each regional jail facility operating in this state
shall keep a record of the date and time that an inmate is incarcerated and a
county may not be charged for a second day of incarceration for an individual
inmate until that inmate has remained incarcerated for more than twenty-four
hours.? After that, in cases of
continuous incarceration, subsequent per diem charges shall be made upon a
county only as subsequent intervals of twenty-four hours pass from the original
time of incarceration.?
The bill was ordered to third reading.
??????????? S.
B. 444, Establishing
Court Advanced Technology Subscription Fund; on second reading, coming up in
regular order, was read a second time.
??????????? An
amendment, recommended by the Committee on Finance, was reported by the Clerk
and adopted, amending the bill on page one, following the enacting section, by
striking the remainder of the bill in its entirety and inserting in lieu
thereof the following:
?ARTICLE
1.? SUPREME COURT OF APPEALS.
?51-1-22.? Court Advanced Technology Subscription Fund
created.
(a)
The? West Virginia Supreme Court of
Appeals may charge fees from subscribers using the court?s advanced technology
systems pursuant to a schedule of fees published pursuant to administrative order
of the Court.? All fees charged shall be
deposited into the state treasury in accordance with the provisions of this
section.? There is created within the
State Treasury a special revenue fund designated the Court Advanced Technology
Subscription Fund to be administered by the West Virginia Supreme Court of
Appeals.
(b)
The fund shall consist of moneys received from subscribers using the court?s
advanced technology systems including, but not limited to, the E-filing system
and the Unified Judicial Application Information System: Provided, That until the E-filing system or any other advanced
technology is mandatory in all fifty-five counties of the state there may be no
subscriber fee or other fee charged for use of the E-filing system beyond the
fees required in counties not yet using the E-filing system or other advanced
technology, so that the costs of the using the Courts in this state are equal
regardless of where a person may use the Courts.
(c)
One half of all moneys collected from subscribers are to be deposited into the
State Treasury and credited to the Court Advanced Technology Subscription Fund
shall be used to pay the costs associated with maintaining and administering
the court?s advanced technology systems.?
One half of all moneys collected from subscribers are to be deposited
into the general revenue fund.
(d)
All moneys collected by the administrator of the Supreme Court of Appeals for
the use of the court?s advanced technology shall be deposited into the Court
Advanced Technology Subscription Fund.?
Expenditures from the fund shall be for the purposes set forth in
subsection (c) of this section and are not authorized from collections but are
to be made only in accordance with appropriation by the Legislature in
accordance with article three, chapter twelve of this code and upon fulfillment
of the requirements of article two, chapter eleven-b of this code:? Provided,
That for the fiscal year ending June 30, 2017, expenditures are authorized from
collections rather than pursuant to appropriation by the Legislature.?
The bill was ordered to third reading.
??????????? Com.
Sub. for S. B. 454,
Providing more efficient collection and submission of state moneys received
from court transactions or court services; on second reading, coming up in
regular order, was read a second time and ordered to third reading.
??????????? Delegate
Cowles moved that the constitutional rule requiring the bill to be fully and
distinctly read on three different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 430), 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: Ellington,
Folk and Walters.
??????????? So, four fifths of the members
present having voted in the affirmative, the constitutional rule was dispensed
with.
??????????? The bill was read a third time and
put upon its passage.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 431), and there were--yeas 98, nays none, absent and not voting 2, with
the absent and not voting being as follows:
??????????? Absent and Not Voting: Folk and
Walters.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 454) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? S.
B. 461, Exempting WV
State Police from state purchasing requirements; on second reading, coming up
in regular order, was read a second time and ordered to third reading.
??????????? Delegate
Cowles moved that the constitutional rule requiring the bill to be fully and
distinctly read on three different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 432), and there
were--yeas 98, nays none, absent and not voting 2, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Folk and
Walters.
??????????? So, four fifths of the members
present having voted in the affirmative, the constitutional rule was dispensed
with.
??????????? The bill was read a third time and
put upon its passage
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 433), and there were--yeas 98, nays none, absent and not voting 2, with
the absent and not voting being as follows:
??????????? Absent and Not Voting: Folk and
Walters.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 461) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com.
Sub. for S. B. 486,
Relating to health care provider taxes; on second reading, coming up in regular
order, was read a second time and ordered to third reading.
??????????? Delegate
Cowles moved that the constitutional rule requiring the bill to be fully and
distinctly read on three different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 434), 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: Folk and
Walters.
??????????? So, four fifths of the members
present having voted in the affirmative, the constitutional rule was dispensed
with.
??????????? The bill was read a third time and
put upon its passage.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 435), and there were--yeas 97, nays 1, absent and not voting 2, with
the nays and absent and not voting being as follows:
??????????? Nays: Marcum.
??????????? Absent and Not Voting: Folk and
Walters.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 486) passed.
??????????? On motion of Delegate Nelson, the
title of the bill was amended to read as follows:??????????
??????????? Com. Sub. for S. B. 486 - ?A Bill to amend and reenact ?11-27-38 of the Code of West
Virginia, 1931, as amended, relating to health care provider taxes; making
conforming amendments consistent with federal law; changing the rate of tax on
eligible acute care hospitals for fiscal year 2018; modifying eligibility
criteria for ?eligible acute care hospital;? removing conditions precedent for
taxation; changing condition precedent for the automatic suspension of
taxation; specifying purposes for which funds may be collected; providing for
distribution of remaining funds at the end of fiscal year; providing for an
effective date; and extending the expiration date for the tax.?
??????????? Delegate Cowles moved that the bill
take effect July 1, 2017.
??????????? On this question, the yeas and nays
were taken (Roll No. 436), 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: Folk and
Walters.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 486) takes effect July 1, 2017.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com.
Sub. for S. B. 515,
Relating to parole requirements for hearings and release; on second reading,
coming up in regular order, was read a second time and ordered to third
reading.
??????????? Com.
Sub. for S. B. 523,
Converting to biweekly pay cycle for state employees; on second reading, coming
up in regular order, was read a second time.
??????????? An
amendment, recommended by the Committee on the Judiciary, was reported by the
Clerk and adopted, amending the bill on page one, after the enacting clause by
striking out everything after the enacting clause and inserting in lieu thereof
the following:
?That
?4‑2A‑2 of the Code of West Virginia, 1931, as amended, be amended
and reenacted; that ?11B‑2‑12 of said code be amended and
reenacted; that ?12‑3‑12a and ?12-3-13b of said code be amended and
reenacted; that ?15‑2‑5 of said code be amended and reenacted; that
?18‑3‑1 of said code be amended and reenacted; that ?20‑1‑5
of said code be amended and reenacted; that ?20‑7‑1 of said code be
amended and reenacted; that ?22C‑1‑4 of said code be amended and
reenacted; that ?24‑1‑3 of said code be amended and reenacted; that
?24A‑6‑6 of said code be amended and reenacted; that ?24B‑5‑2
of said code be amended and reenacted; that ?25‑1‑19 of said code
be amended and reenacted; that ?31‑19‑4 of said code be amended and
reenacted; that ?33‑2‑2 of said code be amended and reenacted; that
?50‑1‑8 and ?50‑1‑9 of said code be amended and
reenacted; that ?51‑7‑3 and ?51‑7‑5 of said code be
amended and reenacted; that ?51‑8‑2 of said code be amended and
reenacted; and that ?62‑12‑5 of said code be amended and reenacted,
all to read as follows:
CHAPTER
4. THE LEGISLATURE.
ARTICLE
2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE LEGISLATURE.
?4‑2A‑2. Basic
compensation for services; proration.
(a)
Beginning in the calendar year 2009 and for each calendar year after that, each
member of the Legislature shall receive as basic compensation for his or her
services the sum of $20,000 per calendar year, to be paid as provided in
subsection (b) of this section. In addition to the basic compensation, members
shall receive the additional compensations as are expressly provided in
sections three, four and five of this article. All other increased amounts or
new amounts in respect to the compensation of members of the Legislature, set
forth in the resolution of the Citizens Legislative Compensation Commission,
dated January 9, 2007, and implemented in sections two, four, six and eight of
this article providing for new amounts or amounts increased to new amounts
greater than those in force and effect on January 1, 2007, become effective for
calendar year 2009 and each calendar year after that: Provided, That
increased amounts or new amounts in respect to the expenses of members of the
Legislature, set forth in said resolution, and implemented in sections six and
eight of this article providing for new amounts or amounts increased to new
amounts greater than those in force and effect on January 1, 2007, become
effective for calendar year 2008 and each calendar year after that.
(b)
The basic compensation is payable as follows:
(1)
In the year 2009, and every fourth year after that:
(A)
Five thousand dollars in each of February, March and April, payable at least
twice a per month; and
(B)
Six hundred twenty‑five dollars in each of January, May, June, July,
August, September, October and November, payable once a at least
twice per month;
(2)
Beginning in 2010, in all years except those described in subdivision (1) of
this subsection:
(A)
Five thousand dollars in each of January, February and March, payable at
least twice a per month; and
(B)
Six hundred twenty‑five dollars in each of April, May, June, July,
August, September, October and November, payable once a at least
twice per month.
(c)
In the event of the death, resignation or removal of a member of the
Legislature and the appointment and qualification of his or her successor, the
compensation provided in this section for the month in which the death,
resignation or removal of the member of the Legislature occurs shall be
prorated between the original member and his or her successor on the basis of
the number of days served, including Saturdays and Sundays in the month.
CHAPTER
11B. DEPARTMENT OF REVENUE.
ARTICLE
2. STATE BUDGET OFFICE.
?11B‑2‑12.
Submission of expenditure schedules; contents; submission of information on
unpaid obligations; copies to Legislative Auditor.
(a)
Prior to the beginning of each fiscal year, the spending officer of a spending
unit shall submit to the secretary a detailed expenditure schedule for the
ensuing fiscal year. The schedule shall be submitted in such form and at such
time as the secretary may require. The schedule shall show:
(1)
A proposed monthly biweekly rate of expenditure for amounts
appropriated for personal services;
(2)
Each and every position budgeted under personal services for the next ensuing
fiscal year, with the monthly biweekly salary or compensation of
each position;
(3)
A proposed quarterly rate of expenditure for amounts appropriated for employee
benefits, current expenses, equipment and repairs and alterations classified by
a uniform system of accounting as called for in section twenty‑five of
this article for each item of every appropriation;
(4)
A proposed yearly plan of expenditure for amounts appropriated for buildings
and lands; and
(5)
A proposed quarterly plan of receipts itemized by type of revenue.
(b)
The secretary may accept a differently itemized expenditure schedule from a
spending unit to which the above itemizations are not applicable.
(c)
The secretary shall consult with and assist spending officers in the
preparation of expenditure schedules.
(d)
Within fifteen days after the end of each month of the fiscal year, the head of
every spending unit shall certify to the Legislative Auditor the status of
obligations and payments of the spending unit for amounts of employee benefits,
including, but not limited to, obligations and payments for social security
withholding and employer matching, public employees? insurance premiums and
public employees? retirement and Teachers Retirement Systems.
(e)
In the event the Legislative Auditor determines from certified reports or from
other sources that any spending unit is not making all payments and transfers
for employee benefits from funds appropriated for that purpose, the Legislative
Auditor shall notify the secretary of administration, Auditor and Treasurer of
the determination and thereafter no funds appropriated to the spending unit
shall be encumbered or expended for the salary or compensation to the head of
the spending unit until the Legislative Auditor determines that the payments or
transfers are being made on a timely basis.
(f)
When a spending officer submits an expenditure schedule to the secretary as
required by this section, the spending officer shall at the same time transmit
a copy thereof to the Legislative Auditor and the Joint Committee on Government
and Finance or its designee. If a spending officer of a spending unit fails to
transmit a copy to the Legislative Auditor on or before the beginning of the
fiscal year, the Legislative Auditor shall notify the secretary, Auditor and
Treasurer of the failure and thereafter no funds appropriated to the spending
unit shall be encumbered or expended until the spending officer thereof has
transmitted a copy to the Legislative Auditor.
CHAPTER
12. PUBLIC MONEYS AND SECURITIES.
ARTICLE
3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
?12‑3‑12a.
Payment of salaries of employees of West Virginia board of regents Higher
Education Policy Commission, Council for Community and Technical College
Education and institutions of higher education in twelve equal monthly
installments over the twenty‑six biweekly pay cycle.
Notwithstanding
the provisions of section twelve of this article, in the event that an employee
of the West Virginia board of regents Higher Education Policy
Commission, Council for Community and Technical College Education or of any
of the institutions which it governs they govern elects to
receive his or her salary in twelve equal monthly installments over
the complete twenty‑six biweekly pay cycle, warrants may be drawn for
the last two such installments in biweekly pay periods covering
the months of July and August following the fiscal year during which such
salary was earned: Provided, That such warrants have been encumbered by said
board of regents the commission, council or institution and the
Budget Office prior to June 30 of said fiscal year.
?12‑3‑13b.
Voluntary deductions by State Auditor from salaries of employees to pay
association dues or fees and to pay supplemental health and life insurance
premiums.
Any
officer or employee of the State of West Virginia may authorize that a
voluntary deduction from his or her net wages be made for the payment of
membership dues or fees to an employee association. Voluntary deductions may
also be authorized by an officer or employee for any supplemental health and
life insurance premium, subject to prior approval by the Auditor. Such
deductions shall be authorized on a form provided by the Auditor of the State
of West Virginia and shall state: (a) The identity of the employee; (b) the
amount and frequency of such deductions; and (c) the identity and address of
the association or insurance company to which such dues shall be paid. Upon
execution of such authorization and its receipt by the office of the Auditor,
such deductions shall be made in the manner specified on the form and remitted
to the designated association or insurance company on the tenth day of each
month: Provided, That voluntary other deductions, as approved and
authorized by the Auditor, may be made in accordance with rules proposed by the
Auditor pursuant to article three, chapter twenty‑nine‑a of this
code: Provided, however, That deductions shall be made either once or
at least twice monthly. at the option of the employee.
Deduction authorizations may be revoked at any time thirty days prior to the
date on which the deduction is regularly made and on a form to be provided by
the office of the State Auditor: Provided further, That nothing in this
section shall interfere with or remove any existing arrangement for dues
deduction between an employer or any political subdivision of the state and its
employees.
CHAPTER
15. PUBLIC SAFETY.
ARTICLE
2. WEST VIRGINIA STATE POLICE.
?15‑2‑5. Career
progression system; salaries; exclusion from wages and hour law, with
supplemental payment; bond; leave time for members called to duty in guard or
reserves.
(a)
The superintendent shall establish within the West Virginia State Police a
system to provide for: The promotion of members to the supervisory ranks of
sergeant, first sergeant, second lieutenant and first lieutenant; the
classification of nonsupervisory members within the field operations force to
the ranks of trooper, senior trooper, trooper first class or corporal; the
classification of members assigned to the forensic laboratory as criminalist I‑VIII;
and the temporary reclassification of members assigned to administrative duties
as administrative support specialist I‑VIII.
(b)
The superintendent may propose legislative rules for promulgation in accordance
with article three, chapter twenty‑nine‑a of this code for the
purpose of ensuring consistency, predictability and independent review of any
system developed under the provisions of this section.
(c)
The superintendent shall provide to each member a written manual governing any
system established under the provisions of this section and specific procedures
shall be identified for the evaluation and testing of members for promotion or reclassification
and the subsequent placement of any members on a promotional eligibility or
reclassification recommendation list.
(d)
Beginning on July 1, 2011, members shall receive annual salaries payable at
least twice per month as follows:
ANNUAL
SALARY SCHEDULE (BASE PAY)
SUPERVISORY
AND NONSUPERVISORY RANKS
Cadet
During Training???????????? $ 2,833 Mo.
??????????????????????????????????????????????????? ??????$ 33,994
Cadet
Trooper After Training????????????? $
3,438 Mo. ??????????????????????????????????????? ??????$ 41,258
Trooper Second Year............................................................................................. 42,266
Trooper Third Year................................................................................................. 42,649
Senior Trooper........................................................................................................ 43,048
Trooper First Class................................................................................................. 43,654
Corporal.................................................................................................................. 44,260
Sergeant................................................................................................................. 48,561
First Sergeant......................................................................................................... 50,712
Second Lieutenant.................................................................................................. 52,862
First Lieutenant....................................................................................................... 55,013
Captain.................................................................................................................... 57,164
Major....................................................................................................................... 59,314
Lieutenant Colonel.................................................................................................. 61,465
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I .............................................................................................................................. 42,266
II ............................................................................................................................. 43,048
III ............................................................................................................................ 43,654
IV ............................................................................................................................ 44,260
V ............................................................................................................................. 48,561
VI ............................................................................................................................ 50,712
VII ........................................................................................................................... 52,862
VIII .......................................................................................................................... 55,013
ANNUAL
SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I .............................................................................................................................. 42,266
II ............................................................................................................................. 43,048
III ............................................................................................................................ 43,654
IV ............................................................................................................................ 44,260
V ............................................................................................................................. 48,561
VI ............................................................................................................................ 50,712
VII ........................................................................................................................... 52,862
VIII .......................................................................................................................... 55,013
Each
member of the West Virginia State Police whose salary is fixed and specified in
this annual salary schedule is entitled to the length of service increases set
forth in subsection (e) of this section and supplemental pay as provided in
subsection (g) of this section.
(e)
Each member of the West Virginia State Police whose salary is fixed and
specified pursuant to this section shall receive, and is entitled to, an
increase in salary over that set forth in subsection (d) of this section for
grade in rank, based on length of service, including that service served before
and after the effective date of this section with the West Virginia State
Police as follows: Beginning on January 1, 2015 and continuing thereafter, at
the end of two years of service with the West Virginia State Police, the member
shall receive a salary increase of $500 to be effective during his or her next
year of service and a like increase at yearly intervals thereafter, with the
increases to be cumulative.
(f)
In applying the salary schedules set forth in this section where salary
increases are provided for length of service, members of the West Virginia
State Police in service at the time the schedules become effective shall be
given credit for prior service and shall be paid the salaries the same length
of service entitles them to receive under the provisions of this section.
(g)
The Legislature finds and declares that because of the unique duties of members
of the West Virginia State Police, it is not appropriate to apply the provisions
of state wage and hour laws to them. Accordingly, members of the West Virginia
State Police are excluded from the provisions of state wage and hour law. This
express exclusion shall not be construed as any indication that the members
were or were not covered by the wage and hour law prior to this exclusion.
In
lieu of any overtime pay they might otherwise have received under the wage and
hour law, and in addition to their salaries and increases for length of
service, members who have completed basic training and who are exempt from
federal Fair Labor Standards Act guidelines may receive supplemental pay as
provided in this section.
The
authority of the superintendent to propose a legislative rule or amendment
thereto for promulgation in accordance with article three, chapter twenty‑nine‑a
of this code to establish the number of hours per month which constitute
the standard work month pay period for the members of the West
Virginia State Police is hereby continued. The rule shall further establish, on
a graduated hourly basis, the criteria for receipt of a portion or all of
supplemental payment when hours are worked in excess of the standard work
month pay period. The superintendent shall certify monthly at
least twice per month to the West Virginia State Police?s payroll officer
the names of those members who have worked in excess of the standard work
month pay period and the amount of their entitlement to supplemental
payment. The supplemental payment may not exceed $400 monthly $200.00
per pay period. The superintendent and civilian employees of the West
Virginia State Police are not eligible for any supplemental payments.
(h)
Each member of the West Virginia State Police, except the superintendent and
civilian employees, shall execute, before entering upon the discharge of his or
her duties, a bond with security in the sum of $5,000 payable to the State of
West Virginia, conditioned upon the faithful performance of his or her duties,
and the bond shall be approved as to form by the Attorney General and as to
sufficiency by the Governor.
(i)
In consideration for compensation paid by the West Virginia State Police to its
members during those members? participation in the West Virginia State Police
Cadet Training Program pursuant to section eight, article twenty‑nine,
chapter thirty of this code, the West Virginia State Police may require of its
members by written agreement entered into with each of them in advance of such
participation in the program that, if a member should voluntarily discontinue
employment any time within one year immediately following completion of the
training program, he or she shall be obligated to pay to the West Virginia
State Police a pro rata portion of such compensation equal to that part of such
year which the member has chosen not to remain in the employ of the West
Virginia State Police.
(j)
Any member of the West Virginia State Police who is called to perform active
duty training or inactive duty training in the National Guard or any reserve
component of the armed forces of the United States annually shall be granted,
upon request, leave time not to exceed thirty calendar days for the purpose of
performing the active duty training or inactive duty training and the time
granted may not be deducted from any leave accumulated as a member of the West
Virginia State Police.
CHAPTER
18. EDUCATION.
ARTICLE
3. STATE SUPERINTENDENT OF SCHOOLS.
?18‑3‑1.
Appointment; qualifications; compensation; traveling expenses; office and
residence; evaluation.
There
shall be appointed by the state board a State Superintendent of Schools who
serves at the will and pleasure of the state board. He or she shall be a person
of good moral character, shall be able to perform the duties listed in this
article and possess such other educational, administrative, experiential and
other qualifications as determined by the State Board of Education. He or she
shall hold at least a master?s degree from a regionally accredited institution
of higher education or equivalent degree as determined by the state board. He
or she shall receive an annual salary set by the state board, to be paid monthly
at least twice per month. The state superintendent also shall receive
necessary traveling expenses incident to the performance of his or her duties
to be paid out of the General School Fund upon warrants of the State Auditor.
The state superintendent shall have his or her office at the state Capitol. The
state board shall report to the Legislative Oversight Commission on Education
Accountability upon request concerning its progress during any hiring process
for a state superintendent.
The
state board annually shall evaluate the performance of the state superintendent
and publicly announce the results of the evaluation.
CHAPTER
20. NATURAL RESOURCES.
ARTICLE
1. ORGANIZATION AND ADMINISTRATION.
?20‑1‑5.
Salary, expenses, oath and bond of director.
The
director shall receive an annual salary as provided in section two‑a,
article seven, chapter six of this code, payable in equal monthly
installments at least twice per month and shall be allowed and paid
necessary expenses incident to the performance of his or her official duties.
Prior to the assumption of the duties of his or her office, he or she shall
take and subscribe to the oath required of public officers by the Constitution
of West Virginia and shall execute a bond, with surety approved by the
Governor, in the penal sum of $10,000, which executed oath and bond shall be
filed in the office of the Secretary of State. Premiums on the bond shall be
paid from division funds.
ARTICLE
7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
?20‑7‑1. Chief
natural resources police officer; natural resources police officers; special
and emergency natural resources police officers; subsistence allowance;
expenses.
(a)
The division?s law‑enforcement policies, practices and programs are under
the immediate supervision and direction of the division law‑enforcement
officer selected by the director and designated as chief natural resources
police officer as provided in section thirteen, article one of this chapter.
(b)
Under the supervision of the director, the chief natural resources police
officer shall organize, develop and maintain law‑enforcement practices,
means and methods geared, timed and adjustable to seasonal, emergency and other
needs and requirements of the division?s comprehensive natural resources
program. All division personnel detailed and assigned to law‑enforcement
duties and services under this section shall be known and designated as natural
resources police officers and are under the immediate supervision and direction
of the chief natural resources police officer except as otherwise provided. All
natural resources police officers shall be trained, equipped and conditioned
for duty and services wherever and whenever required by division law‑enforcement
needs. The chief natural resources police officer may also assign natural
resources police officers to perform law‑enforcement duties on any trail,
grounds, appurtenant facility or other areas accessible to the public within
the Hatfield‑McCoy Recreation Area, under agreement that the Hatfield‑McCoy
Regional Recreation Authority, created pursuant to article fourteen of this
chapter, shall reimburse the division for salaries paid to the officers and
shall either pay directly or reimburse the division for all other expenses of
the officers in accordance with actual or estimated costs determined by the
chief natural resources police officer.
(c)
The chief natural resources police officer, acting under supervision of the
director, is authorized to select and appoint emergency natural resources
police officers for a limited period for effective enforcement of the
provisions of this chapter when considered necessary because of emergency or
other unusual circumstances. The emergency natural resources police officers
shall be selected from qualified civil service personnel of the division,
except in emergency situations and circumstances when the director may
designate officers, without regard to civil service requirements and
qualifications, to meet law‑enforcement needs. Emergency natural
resources police officers shall exercise all powers and duties prescribed in
section four of this article for full‑time salaried natural resources
police officers except the provisions of subdivision (8), subsection (b) of said
section.
(d)
The chief natural resources police officer, acting under supervision of the
director, is also authorized to select and appoint as special natural resources
police officers any full‑time civil service employee who is assigned to,
and has direct responsibility for management of, an area owned, leased or under
the control of the division and who has satisfactorily completed a course of
training established and administered by the chief natural resources police
officer, when the action is considered necessary because of law‑enforcement
needs. The powers and duties of a special natural resources police officer,
appointed under this provision, is the same within his or her assigned area as
prescribed for full‑time salaried natural resources police officers. The
jurisdiction of the person appointed as a special natural resources police
officer, under this provision, shall be limited to the division area or areas
to which he or she is assigned and directly manages.
(e)
The Director of the Division of Forestry is authorized to appoint and revoke
Division of Forestry special natural resources police officers who are full‑time
civil service personnel who have satisfactorily completed a course of training
as required by the Director of the Division of Forestry. The jurisdiction,
powers and duties of Division of Forestry special natural resources police
officers are set forth by the Director of the Division of Forestry pursuant to
article three of this chapter and articles one‑a and one‑b, chapter
nineteen of this code.
(f)
The chief natural resources police officer, with the approval of the director,
has the power and authority to revoke any appointment of an emergency natural
resources police officer or of a special natural resources police officer at
any time.
(g)
Natural resources police officers are subject to seasonal or other assignment
and detail to duty whenever and wherever required by the functions, services
and needs of the division.
(h)
The chief natural resources police officer shall designate the area of primary
residence of each natural resources police officer, including himself or
herself. Since the area of business activity of the division is actually
anywhere within the territorial confines of the State of West Virginia, actual
expenses incurred shall be paid whenever the duties are performed outside the
area of primary assignment and still within the state.
(i)
Natural resources police officers shall receive, in addition to their base pay
salary, a minimum monthly biweekly subsistence allowance for
their required telephone service, dry cleaning or required uniforms, and meal
expenses while performing their regular duties in their area of primary
assignment in the amount of $130 each month $60 per biweekly pay.
This subsistence allowance does not apply to special or emergency natural
resources police officers appointed under this section.
(j)
After June 30, 2010, all those full‑time law‑enforcement officers
employed by the Division of Natural Resources as conservation officers shall be
titled and known as natural resources police officers. Wherever used in this
code the term ?conservation officer?, or its plural, means ?natural resources
police officer?, or its plural, respectively.
(k)
Notwithstanding any provision of this code to the contrary, the provisions of
subdivision (6), subsection c, section twelve, article twenty‑one,
chapter eleven of this code are inapplicable to pensions of natural resources
police officers paid through the Public Employees Retirement System.
CHAPTER
22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
ARTICLE
1. WATER DEVELOPMENT AUTHORITY.
?22C‑1‑4. Water
Development Authority; Water Development Board; organization of authority and
board; appointment of board members; their term of office, compensation and
expenses; Director of Authority; compensation.
(a)
The Water Development Authority is continued. The authority is a governmental
instrumentality of the state and a body corporate. The exercise by the
authority of the powers conferred by this article and the carrying out of its
purposes and duties are essential governmental functions and for a public
purpose.
(b)
The authority is controlled, managed and operated by a seven‑member board
known as the Water Development Board. The Governor or designee, the secretary
of the Department of Environmental Protection or designee and the Commissioner
of the Bureau for Public Health or designee are members ex officio of the
board. Four members are appointed by the Governor, by and with the advice and consent
of the Senate, for six‑year terms, which are staggered in accordance with
the initial appointments under prior enactment of this section. In the event of
a vacancy, appointments are filled in the same manner as the original
appointment for the remainder of the unexpired term. A member continues to
serve until the appointment and qualification of the successor. More than two
appointed board members may not at any one time belong to the same political
party. Appointed board members may be reappointed to serve additional terms.
(c)
All members of the board shall be citizens of the state. Each appointed member
of the board, before entering upon his or her duties, shall comply with the
requirements of article one, chapter six of this code and give bond in the sum
of $25,000 in the manner provided in article two of said chapter. The Governor
may remove any board member for cause as provided in article six of said
chapter.
(d)
The Governor or designee serves as chair. The board annually elects one of its
appointed members as vice chair and appoints a secretary‑treasurer, who
need not be a member of the board. Four members of the board is a quorum and
the affirmative vote of four members is necessary for any action taken by vote
of the board. A vacancy in the membership of the board does not impair the
rights of a quorum by such vote to exercise all the rights and perform all the
duties of the board and the authority. The person appointed as secretary‑treasurer,
including a board member if so appointed, shall give bond in the sum of $50,000
in the manner provided in article two, chapter six of this code.
(e)
The Governor or designee, the Secretary of the Department of Environmental
Protection and the Commissioner of the Bureau for Public Health do not receive
compensation for serving as board members. Each appointed member receives an
annual salary of $12,000, payable in monthly installments at least
twice per month. Each of the seven board members is reimbursed for all
reasonable and necessary expenses actually incurred in the performance of
duties as a member of the board in a manner consistent with guidelines of the
Travel Management Office of the Department of Administration. All expenses
incurred by the board are payable solely from funds of the authority or from
funds appropriated for that purpose by the Legislature. Liability or obligation
is not incurred by the authority beyond the extent to which moneys are
available from funds of the authority or from such appropriations.
(f)
There is a director of the authority appointed by the Governor, with the advice
and consent of the Senate, who serves at the Governor?s will and pleasure. The
director is responsible for managing and administering the daily functions of
the authority and for performing other functions necessary to the effective
operation of the authority. The compensation of the director is fixed annually
by the board.
CHAPTER
24. PUBLIC SERVICE COMMISSION.
ARTICLE
1. GENERAL PROVISIONS.
?24‑1‑3.
Commission continued; membership; chairman; compensation; quorum.
(a)
The Public Service Commission of West Virginia is continued and directed as
provided by this chapter, chapter twenty‑four‑a, chapter twenty‑four‑b
and chapter twenty‑four‑d of this code. The Public Service
Commission may sue and be sued by that name.
(b)
The Public Service Commission shall consist of three members who shall be
appointed by the Governor, with the advice and consent of the Senate. The
commissioners shall be citizens and residents of this state and at least one of
them shall be duly licensed to practice law in West Virginia, with not less
than ten years? actual work experience in the legal profession as a member of a
State Bar.
(c)
No more than two of the commissioners shall be members of the same political
party.
(d)
Each commissioner shall, before entering upon the duties of his or her office,
take and subscribe to the oath provided by section five, article IV of the
Constitution of West Virginia. The oath shall be filed in the office of the
Secretary of State.
(e)
The Governor shall designate one of the commissioners to serve as chairman at
the Governor?s will and pleasure. The chairman shall be the chief
administrative officer of the commission. The Governor may remove any
commissioner only for incompetency, neglect of duty, gross immorality,
malfeasance in office or violation of subsections (g) and (h) of this section.
(f)
Upon expiration of the terms, appointments are for terms of six years, except
that an appointment to fill a vacancy is for the unexpired term only.
(g)
No person while in the employ of, or holding any official relation to, any
public utility subject to the provisions of this chapter or holding any stocks
or bonds of a public utility subject to the provisions of this chapter or who
is pecuniarily interested in a public utility subject to the provisions of this
chapter may serve as a member of the commission or as an employee of the
commission.
(h)
Nor may any commissioner be a candidate for or hold public office or be a
member of any political committee while acting as a commissioner; nor may any
commissioner or employee of the commission receive any pass, free
transportation or other thing of value, either directly or indirectly, from any
public utility or motor carrier subject to the provisions of this chapter. In
case any of the commissioners becomes a candidate for any public office or a
member of any political committee, the Governor shall remove him or her from
office and shall appoint a new commissioner to fill the vacancy created.
(i)
The annual salary of each commissioner provided in section two‑a, article
seven, chapter six of this code shall be paid in monthly installments at
least twice per month from the special funds in the percentages that
follow:
(1)
From the Public Service Commission Fund collected under the provisions of
section six, article three of this chapter, eighty percent;
(2)
From the Public Service Commission Motor Carrier Fund collected under the
provisions of section six, article six, chapter twenty‑four‑a of
this code, seventeen percent; and
(3)
From the Public Service Commission Gas Pipeline Safety Fund collected under the
provisions of section three, article five, chapter twenty‑four‑b of
this code, three percent.
(j)
In addition to the salary provided for all commissioners in section two‑a,
article seven, chapter six of this code, the chairman of the commission shall
receive $5,000 per annum to be paid in monthly installments at least
twice per month from the Public Service Commission Fund collected under the
provisions of section six, article three of this chapter.
CHAPTER
24A. COMMERCIAL MOTOR CARRIERS.
ARTICLE
6. DUTIES AND PRIVILEGES OF MOTOR CARRIERS SUBJECT TO REGULATION OF THE
COMMISSION.
?24A‑6‑6.
Special annual assessment against motor carriers for expenses of administering
chapter; Public Service Commission Motor Carrier Fund.?
In
addition to the license fees, registration fees, or any other taxes required by
law to be collected from motor carriers subject to this chapter, each such
motor carrier shall be subject to, and shall pay to the Public Service
Commission, a special annual assessment for the purpose of paying the salaries,
compensation, costs and expenses of administering and enforcing this chapter.
All proceeds or funds derived from such assessment shall be paid into the State
Treasury and credited to a special fund, designated Public Service Commission
Motor Carrier Fund, to be appropriated as provided by law for the purposes
herein stated. Each member of the commission shall receive a salary in the
amount set forth in section three, article one, chapter twenty‑four of
this code as compensation for the administration of this chapter in addition to
all other salary or compensation otherwise provided by law, to be paid in
monthly installments from said fund at least twice per month. The
special assessment against each motor carrier shall be apportioned upon the
number and capacity of motor vehicles used by said carrier, computed as hereinafter
provided.
(a) For each uniform
identification card ............................................. $
3.00
(b)
Upon each power unit of such carriers of property, in accordance with its
capacity as rated by its manufacturer, in addition to amount of subdivision
(a):
of one ton or less
capacity................................................................... $
9.00
of over one to one and one‑half
tons capacity .................................... 13.50
of over one and one‑half
tons to two tons capacity ............................ 18.00
of over two tons to three
tons capacity ............................................... 22.50
of over three tons to four
tons capacity................................................ 27.00
of over four tons to five
tons capacity .................................................. 31.50
of over five tons to six
tons capacity ................................................... 36.00
of over six tons to seven
tons capacity .............................................. .40.50
of over seven tons to eight
tons capacity ............................................ 45.00
of over eight tons to nine
tons capacity ............................................... 49.50
of over nine tons to ten
tons capacity .................................................. 54.00
of
over ten tons capacity, $54.00 plus $4.50 for each additional ton of capacity
in
excess
of ten tons.
(c)
Upon each trailer and semitrailer of such carriers of property, in accordance
with its capacity as rated by its manufacturer, in an amount of two thirds of
the amount provided for vehicles of its capacity in subdivision (b) of this
section.
(d)
Upon each power unit of such carriers of passengers, in accordance with the
seating capacity thereof, in addition to amount in subdivision (a):
of ten passengers or less .................................................................. $13.50
of eleven to twenty
passengers, inclusive ........................................... 22.50
of twenty‑one to
thirty passengers, inclusive ...................................... 31.50
of thirty‑one to
forty passengers, inclusive .......................................... 45.00
of over forty passengers ...................................................................... 54.00
(e)
The annual assessment of each motor carrier shall be paid on or before July 1
of each year. Additional assessments shall be collected upon the placing in use
of any additional motor vehicle: Provided, That such additional
assessments shall be subject to a reduction in the amounts shown in
subdivisions (b), (c) and (d) of this section corresponding to the unexpired
quarterly periods of the fiscal year, but shall not in any event be less than
one fourth of such amount plus the sum of $3 provided in subdivision (a) of
this section.
(f)
Upon payment by any motor carrier of the assessment provided for, the Public
Service Commission shall advise the Division of Motor Vehicles by notice in
writing that such assessment has been paid, whereupon the Division of Motor
Vehicles may issue motor vehicle license for the vehicles described in said
notice.
(g)
Prior to the beginning of any fiscal year the Public Service Commission, after
taking into consideration any unexpended balance in the Motor Carrier Fund, the
probable receipts to be received in the ensuing fiscal year, and the probable
costs of administering and enforcing this chapter for the ensuing fiscal year,
may fix the assessments provided for in this section for the ensuing fiscal
year in amounts which, in the commission?s judgment, will produce sufficient
revenue to administer and enforce this chapter for said fiscal year: Provided,
That in no event shall such assessments exceed the amounts set up in this
section.
CHAPTER
24B. GAS PIPELINE SAFETY.
ARTICLE
5. EMPLOYEES OF COMMISSION; FUNDING.
?24B‑5‑2.
Compensation to commissioners.
Each
member of the commission shall receive a salary in the amount set forth in
section three, article one, chapter twenty‑four of this code as
compensation for the administration of this chapter in addition to all other
salary or compensation otherwise provided for by law, to be paid in monthly
installments at least twice per month from the Public Service
Commission Pipeline Safety Fund.
CHAPTER
25. DIVISION OF CORRECTIONS.
ARTICLE
1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.
?25‑1‑19.
Reports by state commissioner of public institutions Commissioner of
Corrections and chief officers of institutions to Auditor.
The
state commissioner of public institutions Commissioner of Corrections
shall, from time to time, as may be necessary, make a report to the Auditor,
which shall state the name of each person employed at any of the institutions
named in section three of this article, his or her official designation
and biweekly rate of compensation, per month (or by the day or
week, if employed for less than a month) and out of what funds or
appropriation the same is payable. The chief officer of any such institution,
or other person who may have been appointed for the purpose by the state
commissioner of public institutions Commissioner of Corrections,
shall make out and certify to the Auditor at the end of each month a list of
persons to whom any payments may be due, stating for what purpose due, the
amount due each person, and the fund or appropriation from which payable; one
copy whereof shall be filed in the office of the institution where made, and
one in the office of the state commissioner of public institutions Commissioner
of Corrections. If the Auditor finds such list correct and in accordance
with the reports made to him or her by the state commissioner of
public institutions Commissioner of Corrections, he or she
may pay to the persons entitled thereto the amounts so certified as due each.
CHAPTER
31. CORPORATIONS.
ARTICLE
19. WEST VIRGINIA COMMUNITY INFRASTRUCTURE AUTHORITY.
?31‑19‑4. West
Virginia Community Infrastructure Authority created; West Virginia Community
Infrastructure Board created; organization of Authority and Board; appointment
of board members; their term of office, compensation and expenses; duties and
responsibilities of director and staff of authority.
(a)
There is hereby created the West Virginia Community Infrastructure Authority.
The authority is a governmental instrumentality of the state and a body corporate.
The exercise by the authority of the powers conferred by this article and the
carrying out of its purposes and duties are essential governmental functions
and for a public purpose.
The
authority shall be controlled, managed and operated by the five-member board
known as the West Virginia Community Infrastructure Board, which is hereby
created. The Director of the West Virginia Development Office, or her or his
designee, the Director of the Division of Environmental Protection, or her or
his designee, and the Commissioner of the Division of Highways, or her or his
designee, are members ex officio of the board. The Executive Director of the
West Virginia Development Office, or her or his designee, is the ex officio
chair. Two members of the board shall be representative of the general public,
one of which shall have had experience or a demonstrated interest in local
government. The two members who are not ex officio members of the board shall
be appointed by the Governor, by and with the advice and consent of the Senate,
for initial terms of three and six years, respectively. The successor of each
such appointed member shall be appointed for a term of six years in the same
manner as the original appointments were made, except that any person appointed
to fill a vacancy occurring prior to the expiration of the term for which her
or his predecessor was appointed shall be appointed only for the remainder of
such term. Each board member shall serve until the appointment and
qualification of her or his successor. The two appointed board members shall
not at any one time belong to the same political party. Appointed board members
may be reappointed to serve additional terms, not to exceed two consecutive
full terms. All members of the board shall be citizens of the state. Each
appointed member of the board, before entering upon her or his duties, shall
comply with the requirements of article one, chapter six of this code and give
bond in the sum of $20,000 in the manner provided in article two, chapter six of
this code. The Governor may remove any board member for cause as provided in
article six, chapter six of this code.
Annually
the board shall elect one of its appointed members as chair, and shall appoint
a secretary‑treasurer, who need not be a member of the board. Three
members of the board is a quorum and the affirmative vote of three members is
necessary for any action taken by vote of the board. No vacancy in the
membership of the board impairs the rights of a quorum by such vote to exercise
all the rights and perform all the duties of the board and the authority. The
person appointed as secretary‑treasurer, including a board member if she
or he is so appointed, shall give bond in the sum of $50,000 in the manner
provided in article two, chapter six of this code.
The
Executive Director of the West Virginia Development Office or her or his
designee, the Director of the Division of Environmental Protection or her or
his designee, and the Commissioner of the Division of Highways or her or his
designee, shall not receive any compensation for serving as board members. Each
of the two appointed board members of the board shall receive an annual salary
of $5,000, payable in monthly installments at least twice per month.
Each of the five board members shall be reimbursed for all reasonable and
necessary expenses actually incurred in the performance of her or his duties as
a member of such board. All such expenses incurred by the board are payable
solely from funds of the authority or from funds appropriated for such purpose
by the Legislature and no liability or obligation shall be incurred by the
authority beyond the extent for which moneys are available from funds of the
authority or from such appropriations.
(b)
There shall be a director of the authority appointed by the board who shall
supervise and manage the Community Infrastructure Authority, and the West
Virginia Development Office shall serve as the staff for the authority. Except
as otherwise provided in this section, the duties and responsibilities of the director
and of the staff shall be established by the authority. At the board?s
discretion, it may provide for the position of general counsel, who shall be an
employee of the authority, or for the appointment of special counsel. As the
board deems necessary and desirable, it may at any time elect to change its
decision on the employment or appointment of a counsel.
(c)
The director, or her or his designee, may employ or appoint any staff members
in addition to those provided by the West Virginia Development Office,
including general or special counsel if the position is established by the
board. The number of employees needed, the positions to be filled and their
salaries or wages shall be determined by the director with the approval of the
board, unless the board elects to not require its approval. At any time the
board may elect to change its decision concerning approval of additional staff
hiring and salaries.
(d)
The board shall meet at least quarterly, and more often as it deems necessary.
The director and any other staff member or members as the director deems
expedient shall attend board meetings.
chapter
33.? insurance.
ARTICLE
2. INSURANCE COMMISSIONER.
?33‑2‑2.
Compensation and expenses of commissioner and employees; location of office.
The
commissioner shall receive an annual salary as provided in section two‑a,
article seven, chapter six of this code and actual expenses incurred in the
performance of official business, which compensation shall be in full for all
services. The office of the commissioner shall be maintained in the Capitol or
other suitable place in Charleston. The commissioner may employ such persons
and incur such expenses as may be necessary in the discharge of his or her
duties and shall fix the compensation of such employees, but such compensation
shall not exceed the appropriation therefor. The commissioner may reimburse
employees for reasonable expenses incurred for job‑related training and
educational seminars and courses. All compensation for salaries and expenses of
the commissioner and his or her employees shall be paid monthly at
least twice per month out of the State Treasury by requisition upon the
Auditor, properly certified by the commissioner.
CHAPTER
50. MAGISTRATE COURTS.
ARTICLE
1. COURTS AND OFFICERS.
?50‑1‑8. Magistrate
court clerks; salaries; duties; duties of circuit clerk.
(a)
In each county having three or more magistrates the judge of the circuit court
or the chief judge of the circuit court, if there is more than one judge of the
circuit court, shall appoint a magistrate court clerk. In all other counties
the judge may appoint a magistrate court clerk or may by rule require the
duties of the magistrate court clerk to be performed by the clerk of the
circuit court, in which event the circuit court clerk is entitled to additional
compensation in the amount of $2,500 per year. The magistrate court clerk
serves at the will and pleasure of the circuit judge.
(b)
Magistrate court clerks shall be paid a monthly salary at least twice
per month by the state. Magistrate court clerks serving magistrates who
serve less than seven thousand three hundred in population shall be paid up to
$39,552 per year and magistrate court clerks serving magistrates who serve
seven thousand three hundred or more in population shall be paid up to $44,712
per year: Provided, That after the effective date of this
section, any general salary increase granted to all state employees, whose
salaries are not set by statute, expressed as a percentage increase or an
across‑the‑board increase, may also be granted to magistrate court
clerks. For the purpose of determining the population served by each
magistrate, the number of magistrates authorized for each county shall be
divided into the population of each county. The salary of the magistrate court
clerk shall be established by the judge of the circuit court, or the chief
judge of the circuit court if there is more than one judge of the circuit
court, within the limits set forth in this section.
(c)
In addition to other duties that may be imposed by the provisions of this
chapter or by the rules of the Supreme Court of Appeals or the judge of the
circuit court or the chief judge of the circuit court if there is more than one
judge of the circuit court, it is the duty of the magistrate court clerk to
establish and maintain appropriate dockets and records in a centralized system
for the magistrate court, to assist in the preparation of the reports required
of the court and to carry out on behalf of the magistrates or chief magistrate
if a chief magistrate is appointed, the administrative duties of the court.
(d)
The magistrate court clerk, or if there is no magistrate court clerk in the
county, the clerk of the circuit court, may issue all manner of civil process
and require the enforcement of subpoenas and subpoenas duces tecum in
magistrate court.
(e)
Notwithstanding any provision of this code to the contrary, the amendments made
to this section during the 2013 first extraordinary session are effective upon
passage and are retroactive to January 1, 2013.
(f)
Beginning January 1, 2017, the annual salary of all magistrate court clerks is
$44,720. After the effective date of this section, a general salary increase
granted to state employees, whose salaries are not set by statute, expressed as
a percentage increase or an across‑the‑board increase, may also be
granted to magistrate court clerks.
?50‑1‑9.
Magistrate assistants; salary; duties.
(a)
In each county there shall be one magistrate assistant for each magistrate.
Each magistrate assistant shall be appointed by the magistrate under whose
authority and supervision and at whose will and pleasure he or she shall serve.
The assistant shall not be a member of the immediate family of any magistrate
and shall not have been convicted of a felony or any misdemeanor involving
moral turpitude and shall reside in the State of West Virginia. For the purpose
of this section, ?immediate family? means the relationships of mother, father,
sister, brother, child or spouse.
(b)
A magistrate assistant shall have the duties, clerical or otherwise, assigned
by the magistrate and prescribed by the rules of the Supreme Court of Appeals
or the judge of the circuit court or the chief judge of the circuit court if
there is more than one judge of the circuit court. In addition to these duties,
magistrate assistants shall perform and are accountable to the magistrate court
clerks with respect to the following duties:
(1)
The preparation of summons in civil actions;
(2)
The assignment of civil actions to the various magistrates;
(3)
The collection of all costs, fees, fines, forfeitures and penalties which are
payable to the court;
(4)
The submission of moneys, along with an accounting of the moneys, to
appropriate authorities as provided by law;
(5)
The daily disposition of closed files which are to be located in the magistrate
clerk?s office;
(6)
All duties related to the gathering of information and documents necessary for
the preparation of administrative reports and documents required by the rules
of the Supreme Court of Appeals or the judge of the circuit court or the chief
judge of the circuit court if there is more than one judge of the circuit
court;
(7)
All duties relating to the notification, certification and payment of jurors
serving pursuant to the terms of this chapter; and
(8)
All other duties or responsibilities whereby the magistrate assistant is
accountable to the magistrate court clerk as determined by the magistrate.
(c)
Magistrate assistants shall be paid a monthly salary at least twice
per month by the state. Magistrate assistants serving magistrates who serve
less than seven thousand three hundred in population shall be paid up to
$36,048 per year and magistrate assistants serving magistrates who serve seven
thousand three hundred or more in population shall be paid up to $39,348 per
year: Provided, That after the effective date of this section,
any general salary increase granted to all state employees, whose salaries are
not set by statute, expressed as a percentage increase or an across‑the‑board
increase, may also be granted to magistrate assistants. For the purpose of
determining the population served by each magistrate, the number of magistrates
authorized for each county shall be divided into the population of each county.
The salary of the magistrate assistant shall be established by the magistrate
within the limits set forth in this section.
(d)
Notwithstanding any provision of this code to the contrary, the amendments made
to this section during the 2013 first extraordinary session are effective upon
passage and are retroactive to January 1, 2013.
(e)
Beginning January 1, 2017, the annual salary of all magistrate assistants is
$39,348. After the effective date of this section, a general salary increase
granted to state employees, whose salaries are not set by statute, expressed as
a percentage increase or an across‑the‑board increase, may also be
granted to magistrate assistants.
CHAPTER
51. COURTS AND THEIR OFFICERS.
ARTICLE
7. OFFICIAL REPORTERS.
?51‑7‑3.
Compensation for attending court and taking notes.
The
official reporter shall receive, for his or her services and expenses in
attending the court or judge and in taking the notes provided for in section
two of this article, such salary or other compensation as the court or judge,
in accordance with the rules of the Supreme Court of Appeals, may allow. If
such salary be allowed, it shall be paid monthly at least twice per
month, out of the State Treasury. If no such salary be allowed, such other
compensation and expenses as may be allowed in civil cases shall be certified
by the court or judge to the Auditor and the same shall be paid out of the
State Treasury. Such other compensation and expenses in felony and, misdemeanor
cases shall be certified to the Auditor and paid out of the State Treasury. The
salary or other compensation provided for in this section shall not be deemed
to include the making of typewritten transcripts as provided for in section
four of this article.
?51‑7‑5. Salary
in lieu of all other compensation.
If
neither of the methods of compensation provided for in section three of this
article be adopted, a salary may be allowed in lieu of all other compensation,
which shall be paid monthly at least twice per month, out of the
State Treasury, in such proportions as the court or judge may fix in accordance
with the rules of the Supreme Court of Appeals. All fees for services rendered
by the official reporter in the discharge of his or her duties as such,
when he or she is allowed a salary under the provisions of this section,
may be collected, and shall, when collected by the sheriff or official
reporter, be paid into the State Treasury; and it shall be the duty of such
reporter to make out, sign and deliver to the sheriff a fee bill in every case,
civil or criminal, giving the style thereof and the amount due, and from whom,
which amount may be collected or levied for by the sheriff, and such fee bill
shall have the force and effect of an execution when levied. An official
reporter compensated under the provisions of this section shall collect the
fees mentioned in section four of this article for any transcript of his or
her shorthand notes of the testimony or proceedings furnished by him or
her to any party, and shall pay the same over to the sheriff of the county
in which the services were performed, to be by him or her accounted for
and paid into the State Treasury.
ARTICLE
8. STATE AND COUNTY LAW LIBRARIES; LAW CLERKS.
?51‑8‑2.
Librarian; bond; assistants; compensation.
The
Supreme Court of Appeals, or the judges thereof in vacation, shall appoint a
competent librarian to have immediate custody of the West Virginia Law Library
under the direction of the court. Such librarian shall give bond in a penalty
fixed by the court of not less than two nor more than $5,000, with surety
thereon, to be approved by the court, and conditioned as provided for official
bonds. Such bond shall be deposited for safekeeping with the clerk of the
court. The librarian shall be an officer of the court and shall hold his or
her office and be removable at its pleasure. Vacancies in the office of
librarian occurring during vacation of the court may be filled by appointment
in writing made by the judges of the court, or any three of them. When, in the
opinion of the court, other employees are needed for the proper protection and
use of the library, it may employ such assistants as may be necessary for that
purpose. The salary of the librarian and assistants shall be fixed by the court
and shall be payable in monthly installments paid at least twice per
month.
CHAPTER
62. CRIMINAL PROCEDURE.
ARTICLE
12. PROBATION AND PAROLE.
?62‑12‑5.
Probation officers and assistants.
(a)
Each circuit court, subject to the approval of the Supreme Court of Appeals and
in accordance with its rules, is authorized to appoint one or more probation
officers and clerical assistants.
(b)
The appointment of probation officers and clerical assistants shall be in
writing and entered on the order book of the court by the judge making such
appointment and a copy of said order of appointment shall be delivered to the
Administrative Director of the Supreme Court of Appeals. The order of
appointment shall state the monthly annual salary, fixed by the
judge and approved by the Supreme Court of Appeals, to be paid to the probation
officer or clerical assistants so appointed.
(c)
The salary of probation officers and clerical assistants shall be paid monthly
or semimonthly at least twice per month, as the Supreme Court of
Appeals by rule may direct and they shall be reimbursed for all reasonable and
necessary expenses actually incurred in the line of duty in the field. The
salary and expenses shall be paid by the state from the judicial accounts
thereof. The county commission shall provide adequate office space for the
probation officer and his or her assistants to be approved by the appointing
court. The equipment and supplies as may be needed by the probation officer and
his or her assistants shall be provided by the state and the cost thereof shall
be charged against the judicial accounts of the state.
(d)
No judge may appoint any probation officer, assistant probation officer or
clerical assistant who is related to him or her either by consanguinity or
affinity.
(e)
Subject to the approval of the Supreme Court of Appeals and in accordance with
its rules, a judge of a circuit court whose circuit comprises more than one
county may appoint a probation officer and a clerical assistant in each county
of the circuit or may appoint the same persons to serve in these respective
positions in two or more counties in the circuit.
(f)
Nothing contained in this section alters, modifies, affects or supersedes the
appointment or tenure of any probation officer, medical assistant or
psychiatric assistant appointed by any court under any special act of the
Legislature heretofore enacted, and the salary or compensation of those persons
shall remain as specified in the most recent amendment of any special act until
changed by the court, with approval of the Supreme Court of Appeals, by order
entered of record, and any such salary or compensation shall be paid out of the
State Treasury.
(g)
In order to carry out the supervision responsibilities set forth in section
twenty‑six, article twelve, chapter sixty‑two of this code, the
Administrative Director of the Supreme Court of Appeals, or his or her
designee, in accordance with the court?s procedures, is authorized to hire
multijudicial‑circuit probation officers, to be employed through the
court?s Division of Probation Services. Such officers may also supervise
probationers who are on probation for sexual offences with the approval of the
administrative director of the Supreme Court of Appeals or his or her designee.?
?page ten, section five, line eighty-eight, by
striking out the underlined dollar amount ?$184.62? and inserting in lieu
thereof the following dollar amount ?$200.00?.
??????????? The bill was ordered to third
reading and put upon its passage.
??????????? Delegate
Cowles moved that the constitutional rule requiring the bill to be fully and
distinctly read on three different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 437), 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: Folk and
Walters.
??????????? So, four fifths of the members
present having voted in the affirmative, the constitutional rule was dispensed
with.
??????????? The bill was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 438), 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: Folk and
Walters.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 523) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 439), 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: Folk,
Robinson and Walters.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 523) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com.
Sub. for S. B. 533,
Relating to taxes on wine and intoxicating liquors; on second reading, coming
up in regular order, was read a second time and ordered to third reading.
??????????? Com.
Sub. for S. B. 535,
Reorganizing Division of Tourism; on second reading, coming up in regular
order, was read a second time.
??????????? On motion of Delegates Cowles and
Nelson the bill was amended on page eight, section six, line eleven, by
striking out the remainder of the subsection.??
??????????? The bill was ordered to third
reading.
??????????? S.
B. 547, Modifying fees
paid to Secretary of State; on second reading, coming up in regular order, was
read a second time.
??????????? An amendment, recommended by the
Committee on Finance, was reported by the Clerk and adopted, amending the bill on
page
?(g)?
Any balance in the service fees and collections account established by
this section which exceeds $500,000 as of June 30, 2003, and each year
thereafter, shall be expired to the state fund, General Revenue Fund.
And, on page ten, section two-b, line four,
by striking out ?$3000? and inserting in lieu thereof ?$1000.?
??????????? The bill was ordered to third
reading.
??????????? S.
B. 608, Clarifying
lawful business structures are unaffected by enactment of prohibitory
legislation; on second reading, coming up in regular order, was read a second
time and ordered to third reading.
??????????? Delegate Cowles moved that the
constitutional rule requiring the bill to be fully and distinctly read on three
different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 440), 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: Folk and
Walters.
??????????? So, four fifths of the members
present having voted in the affirmative, the constitutional rule was dispensed
with.
Delegate C. Miller requested to be
excused from voting on the passage of S. B. 608 under the provisions of House
Rule 49.
The Speaker replied that any impact on
the Delegate would be as a member of a class of persons possibly to be affected
by the passage of the bill, and refused to excuse the Member from voting.
??????????? The bill was read a third time and
put upon its passage.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 441), 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: Folk and
Walters.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 608) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 442), and there
were--yeas 98, nays none, absent and not voting 2, with the absent and not
voting being as follows:
??????????? Absent and Not Voting: Folk and
Walters.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (S. B. 608) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? Com.
Sub. for S. B. 622,
Relating generally to tax procedures and administration; on second reading,
coming up in regular order, was read a second time.
??????????? 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 in its entirety and inserting in lieu
thereof the following:
?That ?11-10-12 of the Code of
West Virginia, 1931, as amended, be amended and reenacted; that ?38-10C-2 be
amended and reenacted, all to read as follows:
CHAPTER
11. TAXATION
article
10. tax procedure and administration act.
?11-10-12.
Liens, release; subordination; foreclosure; withdrawal.
(a)
General. ? Any tax, additions to tax, penalties or interest due and
payable under this article or any of the other articles of this chapter to
which this article is applicable is a debt due this state. It is a personal
obligation of the taxpayer and is a lien upon the real and personal property of
the taxpayer.
(b)
Duration of lien. ? The lien created by this section continues until the
liability for the tax, additions to tax, penalties and interest is satisfied or
upon the expiration of ten years from the date the tax, additions to tax,
penalties and interest are due and payable under section eight of this article
or the date the tax return is filed, whichever is later.?
(c)
Recordation. ? The lien created by this section is subject to the
restrictions and conditions embodied in article ten-c, chapter thirty-eight of
this code and any amendment made or which may hereafter be made thereto: Provided,
That the notice of lien shall indicate the date the tax, additions to tax,
penalties and interest are due and payable under section eight of this article
or the date the tax return was filed and the lien expiration date.
(d)
Release or subordination. ? The Tax Commissioner, pursuant to rules
prescribed by him or her, may issue his or her certificate of release of any
lien created pursuant to this section when the debt is adequately secured by
bond or other security. He or she shall issue his or her certificate of release
when the debt secured has been satisfied. The certificate of release shall be
issued in duplicate. One copy shall be forwarded to the taxpayer and the other
copy shall be forwarded to the clerk of the county commission of the county
wherein the lien is recorded. The clerk of the county commission shall record
the release without payment of any fee and the recordation is a release and
full discharge of the lien. The Tax Commissioner may issue his or her
certificate of release of the lien as to all or any part of the property
subject to the lien, or may subordinate the lien to any other lien or interest,
but only if there is paid to the state an amount not less than the value of the
interest of the state in the property, or if the interest of the state in the
property has no value.
(e)
Foreclosure. ? The Tax Commissioner may enforce any lien created and
recorded under this section, against any property subject to the lien by civil
action in the circuit court of the county wherein the property is located, in
order to subject the property to the payment of the tax secured by the lien.
All persons having liens upon or having any interest in the property shall be
made parties to the action. The court may appoint a receiver or commissioner
who shall ascertain and report all liens, claims and interests in and upon the
property, the validity, amount and priority of each. The court shall, after
notice to all parties, proceed to adjudicate all matters involved therein,
shall determine the validity, amount and priorities of all liens, claims and
interests in and upon the property and shall decree a sale of the property by
the sheriff or any commissioner to whom the action is referred, and shall decree
distribution of the proceeds of the sale according to the findings of the court
in respect to the interests of the parties.
(f)
Discharge of lien. ? A sale of property against which the state has a
lien under this section, made pursuant to an instrument creating a lien on the
property or made pursuant to a statutory lien on the property, or made pursuant
to a judicial order to enforce any judgment in any civil action, shall be made
subject to and without disturbing the state tax lien if the state tax lien was
recorded more than thirty days before the sale, unless:
(1)
The Tax Commissioner is made a party to the civil action;
(2)
The Tax Commissioner is given notice of the sale in writing not less than
fifteen days prior to sale; or
(3)
The Tax Commissioner consents to the sale. The notice shall contain the name of
the owner of the property and the Social Security number or federal employer
identification number of the owner.
(g)
Withdrawal of lien. ? Upon the
determination of the
(1)
The Tax
Commissioner or the Tax Commissioner?s designee that may withdraw a
tax lien upon making one or more of the following determinations:
(A) The lien was recorded
prematurely, inadvertently or otherwise erroneously; or
(B)
The taxpayer voluntarily and through due diligence paid the lien, fulfilled a
payment plan agreement, fulfilled the terms of an offer in compromise, timely
provided supporting documentation or paid the lien in good faith.
(2) A withdrawal of the lien
shall be issued in duplicate. One copy shall be forwarded to the taxpayer and
the other copy shall be forwarded to the clerk of the county commission of the
county wherein the lien is recorded. The clerk of the county commission shall
record the withdrawal of lien without payment of any fee.
(h)
Release of lien. ? Subject to such
rules as the Tax Commissioner may prescribe, pursuant to article three, chapter
twenty-nine-a of this code, the Tax Commissioner shall issue a certificate of
release of any lien imposed with respect to any tax or fee administered under this
article not later than sixty days after the day on which the Tax Commissioner
finds that the liability for the amount assessed, together with all interest
and additions to tax in respect thereof, has been fully satisfied: Provided, That subject to such rules as
the Tax Commissioner may prescribe pursuant to article three, chapter
twenty-nine-a of this code, the Tax Commissioner shall withdraw, release or
otherwise terminate any lien imposed with respect to any tax or fee
administered under this article, upon the determining that the lien is
unenforceable, or in accordance with such other criteria as the Tax
Commissioner may prescribe pursuant to rule.
CHAPTER
38. LIENS.
ARTICLE
10C. STATE AND LOCAL TAX LIENS.
?38‑10C‑2. Notices of
liens of state, political subdivisions and municipalities to be filed; indexes;
withdrawal release.
It is the duty of the Tax Commissioner, or the proper officers of
the political subdivisions of the state for its subdivisions and of the proper
officers of the municipalities for the municipalities, having liens, to file a
notice of the liens in the office of the clerk of the county commission of the
county in which the property of the taxpayer against whom the lien is claimed,
is situate, stating in the notice what amount of money is owing to the State of
West Virginia, the political subdivision or the municipality, on account of the
lien from the taxpayer owing the money; and the clerk of the county commission
of the county shall, upon the filing of notice, index the lien in the judgment
or tax lien docket in his or her office as a tax lien against the taxpayer in
favor of the State of West Virginia, the political subdivision or the
municipality. Upon the determination of the Tax Commissioner or the Tax
Commissioner's designee that the lien was recorded prematurely,
inadvertently or otherwise erroneously should be withdrawn, a
withdrawal of the lien shall be issued in duplicate. One copy shall be
forwarded to the taxpayer, and the other copy shall be forwarded to the clerk of
the county commission of the county wherein the lien is recorded. The clerk of
the county commission shall record the withdrawal of lien without payment of
any fee. Upon the satisfaction of the lien, a release of the lien for
recordation shall be signed and delivered to the taxpayer by the proper
officer. The signature of the Tax Commissioner or the Tax Commissioner's
designee on the notice and on the release or withdrawal may be either a
properly acknowledged manual signature or a facsimile signature authenticated
pursuant to the filing of an affidavit and a manual signature with the
Secretary of State in the manner specified in section two, article fourteen,
chapter six of this code. The facsimile signature has the same legal effect as
the manual signature.
All acts or parts of acts inconsistent or in conflict herewith are
hereby repealed.?
??????????? The bill was ordered to third
reading.
??????????? Com.
Sub. for S. B. 630,
Establishing Accessibility and Equity in Public Education Enhancement Act; on
second reading, coming up in regular order, was read a second time.
??????????? Delegate Ellington moved to amend
the bill on page two, after the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following:
??????????? ?That ?18-2-25 of the Code of West
Virginia, 1931, as amended, be amended and reenacted and to amend said code by
adding thereto a new article, designated ?18-5F-1, ?18-5F-2, ?18-5F-3,
?18-5F-4, ?18-5F-5 and ?18-5F-6, all to read as follows:
ARTICLE
2.? STATE BOARD OF EDUCATION.
?18-2-25.? Authority of county boards to regulate
athletic and other extracurricular activities of secondary schools; delegation
of authority to West Virginia Secondary School Activities Commission; authority
of commission; approval of rules and regulations by state board;
incorporation; funds; participation by private and parochial schools and by
home schooled students.
??????????? The county boards of education are
hereby granted and shall exercise the control, supervision and
regulation of all interscholastic athletic events, and other extracurricular
activities of the students in public secondary schools, and of said those
schools of their respective counties.?
The county board of education may delegate such control,
supervision and regulation of interscholastic athletic events and band
activities to the West Virginia Secondary School Activities Commission. which
is hereby established
??????????? The West Virginia Secondary School
Activities Commission shall be is composed of the principals, or
their representatives, of those secondary schools whose county boards of
education have certified in writing to the state superintendent of Schools that
they have elected to delegate the control, supervision and regulation of their
interscholastic athletic events and band activities of the students in the
public secondary schools in their respective counties to said the
commission.? The West Virginia Secondary
School Activities Commission is hereby empowered to may exercise
the control, supervision and regulation of interscholastic athletic events and
band activities of secondary schools, delegated to it pursuant to this
section.? The rules and regulations
of the West Virginia Secondary School Activities Commission shall contain a
provision for a proper review procedure and review board and be promulgated in
accordance with the provisions of chapter twenty-nine-a of this code, but shall
are, in all instances be subject to the prior approval of the
state board.? The West Virginia Secondary
School Activities Commission, may, with the consent of the State Board of
Education, incorporate under the name of ?West Virginia Secondary School
Activities Commission, Inc.,? as a nonprofit, nonstock corporation under the
provisions of chapter thirty-one of this code.?
County boards of education are hereby authorized to may
expend moneys for and pay dues to the West Virginia Secondary School Activities
Commission, and all moneys paid to such the commission, as well
as moneys derived from any contest or other event sponsored by said the
commission, shall be are quasi-public funds as the same are
defined in article five, chapter eighteen, and such the funds of
the commission shall be are subject to an annual audit by the
State Tax Commissioner.
??????????? The West Virginia Secondary School
Activities Commission shall promulgate reasonable rules and regulations
providing for the control, supervision and regulation of the interscholastic
athletic events and other extracurricular activities of such private and
parochial secondary schools as that elect to delegate to such
the commission such control, supervision and regulation, upon the
same terms and conditions, subject to the same regulations and requirements and
upon the payment of the same fees and charges as those provided for public
secondary schools.? Any such private or
parochial secondary school shall receive any monetary or other benefits in the
same manner and in the same proportion as any public secondary school.
??????????? Notwithstanding any other
provision of this section or the commission's
rules, the commission shall consider eligible for participation in
extracurricular activities of secondary schools a student who is receiving home
instruction pursuant to subsection (c), section one, article eight, chapter
eighteen of this code and who:
??????????? (1) Has demonstrated satisfactory
evidence of academic progress for two years in compliance with the provisions
of that subsection; provided that the
student?s average test results are within or above the fourth stanine in all
subject areas;
??????????? (2) Has not reached the age of
nineteen by August 1 of the current school year;
??????????? (3) Is an amateur who receives no
compensation, but participates solely for the educational, physical, mental and
social benefits of the activity;
??????????? (4) Agrees to comply with all
disciplinary rules
and regulations of the West Virginia Secondary Schools Activities Commission
and the county board in which the home-schooled student lives,
applicable to all other athletes and activity participants; and
??????????? (5) Agrees to obey all rules of
the West Virginia Secondary Schools Activities Commission governing awards,
all-star games, parental consents, physical examinations and vaccinations
applicable to all high school athletes.
??????????? Eligibility is limited to
participation in interscholastic programs at the public secondary school
serving the attendance zone in which the student lives. Provided that home school students who leave a member school during
the school year shall be subject to the same transfer protocols that apply to
member-to-member transfers. Reasonable
fees may be charged to the student to cover the costs of participation in
interscholastic programs.
ARTICLE
5F. ACCESSIBILITY AND EQUITY IN PUBLIC EDUCATION ENHANCEMENT Act.
?18-5F-1. Short title.
This
article shall be known and may be cited as the Accessibility and Equity in
Public Education Enhancement Act.
?18-5F-2.? Legislative findings; purpose.
(a)
The Legislature finds and declares that:
(1)
County school districts have called for more local control and flexibility to
meet the education needs of their communities;
(2)
Students, parents and teachers are seeking alternatives to the traditional
classroom delivery of education that better meets the educational needs of
students;
(3)
Public schools should be able to provide a variety of instructional delivery
models;
(4)
The county school districts can enhance education opportunities for students,
using technology;
(5)
Using technology to deliver instruction can provide flexibility and increase
options for instruction;
(6)
Giving county school districts the flexibility to create innovative programs
will provide teachers with new instructional opportunities; and
(7)
This Act is not intended to save money through the reduction of school
personnel positions.
(b)
The purpose of this article is to enhance access and equity in public education
in West Virginia.
?18-5F-3.? Definitions.
For
the purposes of this article, unless a different meaning clearly appears from
the context:
(a)
?Blended program? means a formal education program in which a student learns:
(1)
At least in part through online learning, with some element of student control
over time, place, path or pace;
(2)
At least in part in a supervised setting outside the home; and
(3)
In such a way that the modalities of each student?s learning path within a course
or subject are connected to provide an integrated learning experience;
(b)
?Eligible student? means a student eligible for attendance in public schools in
a school district that provides a virtual instruction program, that is a member
of a multicounty consortium providing a virtual instruction program or that
does not provide a virtual instruction program and is not a member of a
multicounty consortium, but participates through a collaborative agreement
between the school district in which the student is enrolled and a school
district or a multicounty consortium providing a virtual instruction program;
(c)
?Multicounty consortium? means a written arrangement where two or more county
boards act in concert to establish a virtual school that will serve eligible
students; and
(d)
?Virtual instruction program? means a program implemented by a county board or
multicounty consortium that provides a full-time online or blended program of
instruction for students enrolled in any composition of grades kindergarten
through twelve.
?18-5F-4.? County board policy adoption.
(a)
A county board or a multicounty consortium may create a virtual instruction
program for one or more schools serving any composition of grades kindergarten
through twelve by adopting a policy creating the program and after adopting the
policy may contract with virtual school providers.? When there is a multicounty consortium, each
county board in the consortium shall adopt a policy creating the virtual instruction
program.? The virtual instruction program
may begin July 1, 2017, or at any point thereafter: Provided, That, notwithstanding any other provision of this article
to the contrary, no eligible students in grades kindergarten through five may
participate in a virtual instruction program until after the program has been
in operation for one full school year.
(b)
The policy adopted by the county board pursuant to this section shall govern
the virtual instruction program offered by the county board or multicounty
consortium.
(c)
The policy shall be consistent with this article and may offer eligible
students in grades kindergarten through twelve an online pathway for earning a
high school diploma and, at a minimum, shall include the following:
(1)
The scope, instructional model and capacity for the virtual education program;
(2)
Assessment protocol and specific requirements for monitoring performance that
are consistent with section five, article two-e of this chapter;
(3)
A plan for monitoring students receiving virtual instruction in accordance with
pacing and completion of the required virtual coursework; Provided that, virtual instruction that occurs in a public school
classroom must have a teacher, employed by that county, present;
?(4) Qualifications of faculty, which at a
minimum shall include a teaching certificate issued pursuant to article three,
chapter eighteen-a of this code and state board rules; and
(5)
A requirement that any virtual school provider contracted with comply with
state and federal privacy laws.
?18-5F-5.? Compliance with existing state law
(a) An eligible student enrolled in a virtual
instruction program shall:
(1)
Be counted in the net enrollment of the school district in which the student
resides for the purposes of calculating and receiving state aid;
(2)
Be subject to the same state assessment requirements as other students in the
school district; and
(3)
Receive a diploma from the school district, upon completing the same coursework
required of regular public school students in the district.
(b)
An eligible student participating in a virtual instruction program, to the
extent the program as delineated in the county board policy allows or requires
instruction to occur outside of a school building, is not required to comply
with compulsory school attendance requirements set forth in article eight of
this code or any other provision of law or state board rule relating to
attendance.
(c)
Neither the school district, the eligible student nor the parents of the
student participating in a virtual instruction program, to the extent the
program as delineated in the county board policy allows or requires instruction
to occur outside of a school building, may incur any penalty or be held
accountable for the absence of the student from the school building.
(d)
For an eligible student participating in a virtual instruction program, neither
the school district nor the student, to the extent the program as delineated in
the county board policy is a learn at your own pace program, is required to
comply with the instructional term requirement set forth in section forty-five,
article five of this chapter or any other law or state board rule requiring a
student to be receiving instruction for any set time.
(e)
An eligible student participating in a virtual instruction program shall be considered
to be attending the school in the attendance district created by the county
board pursuant to section sixteen, article five of this chapter that the
eligible student resides in unless otherwise transferred to another school
pursuant to that section or any other provision of this code.? The eligible student may participate in any
cocurricular and extracurricular activities of that school, but is subject to
the same participation requirements imposed on a traditional student attending
the school.? If the student transfers
from a traditional school to the virtual model, he or she will be subject to
the West Virginia Secondary Schools Athletic Commission transfer rules.
(f)
A county board is exempt from any provision of law or state board rule that
applies to the traditional delivery of instruction such as requirements
relating to the physical presence of a student, student monitoring and
security, the maximum teacher-pupil ratio set forth in section eighteen-a,
article five of this chapter, instructional time requirements and physical
education requirements to the extent any of the foregoing conflict with the
delivery of the virtual instruction program.
(g)
The virtual instruction program is not subject to online course restrictions
imposed by the state board, state superintendent or the West Virginia
Department of Education.
(h)
Coursework offered through a virtual instruction program shall be aligned to
the appropriate academic standards as required by state law and state board
rule.
(i)
The assessment results of a student shall be included in the assessment results
of the school and the school district in which the student is considered
enrolled pursuant to this section for purposes of accountability.
?18-5F-6.? Report to
Legislative Oversight Commission on Education Accountability.
At the end of
the first year any virtual instruction program is implemented pursuant to this
article, the West Virginia Department of Education, after consulting with the
county board or boards implementing the program, shall report to the
Legislative Oversight Commission on Education Accountability on all aspects of
the program.? The report, at least, shall
include the grade levels of the students the program was offered to; the number
of students who enrolled in the program; the number of students who were
enrolled in the program full-time and number who participated in a blended
program; the number of students who were homeschooled, enrolled in a private
school and enrolled in a public school immediately preceding enrollment in the
virtual instruction program; and how the students performed academically as
compared with students in a traditional classroom setting.
??????????? Delegate Westfall moved to amend the
amendment, on page six, section four, line nineteen, after the word ?coursework?,
by striking out ?Provided that, Virtual
instruction that occurs in a public school classroom must have a teacher,
employed by that county, present? and inserting in lieu thereof the following:
??????????? ?Provided,
That if virtual instruction occurs in a public school classroom then a teacher,
professional personnel, professional educator, or paraprofessional employed by
that county must be present to monitor.?
Delegate Byrd arose to a point of order
as to the germaneness of the strike and insert amendment.
??????????? To
the point of order the Speaker replied, ruling that the amendment was germane
to the fundamental purpose of the bill.
??????????? On
the adoption of the amendment to the amendment, the yeas and nays were demanded, which demand was sustained.
??????????? The
yeas and nays having been ordered, they were taken (Roll No. 443), and
there were--yeas 57, nays 40, absent and not voting 3, with the nays and absent
and not voting being as follows:
??????????? Nays:
Ambler, Anderson, Baldwin, Barrett, Bates, Blair, Boggs, Brewer, Canestraro,
Caputo, Cooper, Diserio, Eldridge, E. Evans, Ferro, Fleischauer, Fluharty,
Hamilton, Harshbarger, Hartman, Hicks, Hornbuckle, Iaquinta, Isner, Longstreth,
Love, Lovejoy, Lynch, Marcum, Maynard, R. Miller, Moye, Pethtel, Pyles,
Rodighiero, Rohrbach, Sponaugle, Thompson, Wagner and Williams.
??????????? Absent
and Not Voting: Arvon, Folk and Walters.
??????????? So,
a majority of the members present and voting having voted in the affirmative,
the amendment to the amendment was adopted.
??????????? On the adoption of the amendment, Delegate
Moye demanded the yeas and nays, which demand was sustained.
??????????? The yeas and nays having been
ordered, they were taken (Roll No. 444),
and there were--yeas 53, nays 44, absent and not voting 3, with the nays and
absent and not voting being as follows:
??????????? Nays: Ambler, Baldwin, Bates, Boggs,
Brewer, Byrd, Canestraro, Caputo, Cooper, Diserio, Eldridge, E. Evans, Ferro,
Fleischauer, Fluharty, Hamilton, Hanshaw, Hartman, Hicks, Hornbuckle, Iaquinta,
Isner, Longstreth, Love, Lovejoy, Lynch, Marcum, Maynard, R. Miller, Moye,
Nelson, Pethtel, Phillips, Pushkin, Pyles, Robinson, Rodighiero, Rohrbach,
Rowe, Sponaugle, Storch, Thompson, Wagner and Williams.
??????????? Absent and Not Voting: Arvon, Folk
and Walters.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the amendment, as amended,
was adopted.
??????????? An
amendment, recommended by the Committee on Education, was reported by the Clerk on page five, section five, line twenty-seven,
after the word ?school?, by inserting the following, ?If a student transfers
from a traditional school to the virtual model, he or she will be subject to
the West Virginia Secondary Schools Athletic Commission transfer rules.?
??????????? Whereupon,
??????????? Delegate
Espinosa asked and obtained unanimous consent that the amendment be withdrawn.
??????????? An
amendment, recommended by the Committee on Education, was reported by the Clerk on page four, section four, line nineteen,
after the word ?coursework?, by inserting the following:
?Provided that, virtual instruction that
occurs in a public school classroom must have a teacher, employed by that
county, present.?
??????????? Whereupon,
??????????? Delegate
Espinosa asked and obtained unanimous consent that the amendment be withdrawn.
??????????? An amendment was reported, offered
by Delegate Westfall amending the bill on page four, section four, line
nineteen, after the word ?coursework?, by inserting the following:
??????????? ?Provided,
That if virtual instruction occurs in a public school classroom then a teacher,
professional personnel, professional educator, or paraprofessional employed by
that county must be present to monitor.?
??????????? Whereupon,
??????????? Delegate
Westfall asked and obtained unanimous consent that the amendment be withdrawn.
??????????? The bill was ordered to third
reading.
??????????? Com. Sub. for S. B. 637, Relating to private club operations requirements; on
second reading, coming up in regular order, was read a second time, advanced to
third reading and the rule was suspended to permit the offering and
consideration of amendments on that reading.
??????????? Com.
Sub. for S. B. 656,
Relating to Student Data Accessibility, Transparency and Accountability Act; on
second reading, coming up in regular order, was read a second time.
??????????? An amendment, recommended by the
Committee on Education, was reported by the Clerk and adopted, amending the
bill on page five, section five-h, line one hundred eight, after the word ?aid?
by striking out the word ?and? and inserting in lieu thereof the word ?or?.
??????????? An amendment recommended by the
Committee on Education, was reported by the Clerk and adopted, amending the
bill on page five, section five-h, line ninety-five, by striking out the
following: ?Except for subparagraph (iv) of this paragraph, the? and inserting
in lieu thereof ?The?.
On
page five, section five-h, line one hundred eight, after the word
?opportunities? by inserting the word ?and?.
On
page five, section five-h, line one hundred thirteen, by striking out the word
?and?.
And
On
page five, section five-h, lines one hundred fourteen through one hundred
seventeen, by striking out sub paragraph (iv).
??????????? An amendment recommended by the
Committee on Education, was reported by the Clerk and adopted, amending the
bill on page five, section five-h, line one hundred five, by striking out the
word ?sixteen? and inserting in lieu thereof ?fifteen?.
And,
On
page five, section five-h, line one hundred six, by striking out the word
?sixteen? and inserting the word ?fifteen?.?
??????????? Delegate
Cowles moved that the constitutional rule requiring the bill to be fully and
distinctly read on three different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 445), and there
were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and
not voting being as follows:
??????????? Nays: Marcum, Sobonya and White.
??????????? Absent and Not Voting: Folk and
Walters.
??????????? So, four fifths of the members
present having voted in the affirmative, the constitutional rule was dispensed
with.
??????????? The bill was read a third time and
put upon its passage.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 446), and there were--yeas 91, nays 7, absent and not voting 2, with
the nays and absent and not voting being as follows:
??????????? Nays: Blair, Hamilton, Martin,
Paynter, Robinson, Rowe and Upson.
??????????? Absent and Not Voting: Folk and
Walters.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 656) passed.
??????????? An amendment to the title of the
bill, recommended by the Committee on Education, was reported by the Clerk and
adopted, amending the title to read as follows:
??????????? Com.
Sub. for S. B. 656 ? ?A bill to
amend and reenact ?18-2-5h of the Code of West Virginia, 1931, as amended,
relating to allowing certain comprehensive statewide student assessment program
vendors to only receive consideration for certain information if they obtain
affirmative written consent solely for providing a student access to
employment, educational scholarships or financial aid, or post-secondary
educational opportunities.?
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S.
B. 658, Establishing
procedure for retitling mobile and manufactured homes; on second reading,
coming up in regular order, was read a second time and ordered to third
reading.
??????????? Delegate
Cowles moved that the constitutional rule requiring the bill to be fully and
distinctly read on three different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 447), 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: Folk and
Walters.
??????????? So, four fifths of the members
present having voted in the affirmative, the constitutional rule was dispensed
with.
??????????? The bill was read a third time.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 448), 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: Folk and
Walters.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 658) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S.
B. 667, Limiting
authority of Attorney General to disclose certain information provided by Tax
Commissioner; on second reading, coming up in regular order, was read a second
time and ordered to third reading.
??????????? Delegate
Cowles moved that the constitutional rule requiring the bill to be fully and
distinctly read on three different days be dispensed with.
??????????? On this question, the yeas and nays
were taken (Roll No. 449), 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: Folk, Queen
and Walters.
??????????? So, four fifths of the members
present having voted in the affirmative, the constitutional rule was dispensed
with.
??????????? The bill was read a third time and
put upon its passage.
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 450), and there were--yeas 80, nays 18, absent and not voting 2, with
the nays and absent and not voting being as follows:
??????????? Nays: Byrd, Canestraro, Caputo,
Diserio, Eldridge, E. Evans, Ferro, Fluharty, Hornbuckle, Isner, Love, Lynch,
Marcum, Miley, Robinson, Rowe, Sponaugle and Williams.
??????????? Absent and Not Voting: Folk and
Walters.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (S. B. 667) passed.
??????????? Delegate Cowles moved that the bill
take effect from its passage.
??????????? On this question, the yeas and nays
were taken (Roll No. 451), and there
were--yeas 73, nays 24, absent and not voting 3, with the nays and absent and
not voting being as follows:
??????????? Nays: Baldwin, Bates, Brewer, Byrd,
Canestraro, Caputo, Diserio, Eldridge, E. Evans, Ferro, Fluharty, Isner, Love,
Lynch, Marcum, Miley, R. Miller, Pushkin, Pyles, Robinson, Rowe, Sponaugle,
Thompson and Williams.
??????????? Absent and Not Voting: Folk, R.
Romine and Walters.
??????????? So, two thirds of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (S. B. 667) takes effect from its passage.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence therein.
??????????? S.
B. 686, Exempting
facilities governed by DHHR that provide direct patient care; on second
reading, coming up in regular order, was read a second time.
??????????? An
amendment, recommended by the Committee on Finance, was reported by the Clerk
and adopted, amending the bill on page one, following the enacting section, by
striking out the remainder of the bill in its entirety, and inserting in lieu
thereof, the following:
ARTICLE
3. PURCHASING DIVISION.
?5A-3-3a. Exemption of
facilities providing direct patient care services that are managed, directed,
controlled and governed by the Secretary of the Department of Health and Human
Resources.
?Notwithstanding
any provisions of sections one or three of this article to the contrary, the
provisions of this article do not apply to facilities
providing direct patient care services that are managed, directed, controlled
and governed by the Secretary of the Department of Health and Human Resources: Provided, That on or before July 1,
2020, the Legislative Auditor shall audit the purchasing procedures of the
facilities described in this subdivision and report the results to the Joint
Committee on Government and Finance on the effects of exempting said facilities
from the provisions of this article, including but not limited to, any realized
cost savings and changes in purchasing policies resulting from such exemption.?
And,
By
striking out the enacting section in its entirety and inserting in lieu thereof
the following:
?That
the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
section, designated ?5A-3-3a to read as follows? and a colon.
The
bill was ordered to third
reading.
??????????? S.
B. 687, Relating
generally to coal mining, safety and environmental protection; on second
reading, coming up in regular order, was read a second time.
??????????? An amendment, recommended by the
Committee on Energy, was reported by the Clerk and adopted, amending the bill on
page forty-two, section three, line twenty-eight, by striking out ?2018? and
inserting ?2017?, and after ?2017?, by striking the remainder of the sentence
and inserting in lieu thereof the following:
?shall
continue to serve for a minimum of three years until June 30, 2020.?
On
page forty-eight, section six, on line three, by striking out ?2018? and
inserting ?2017?, and by striking out the word ?one? and inserting the word
?three?, and after the word ?term?, by inserting ?until June 30, 2020?.
??????????? Delegates Fleischauer and Rowe moved
to amend the bill on page thirty, section seven-b, lines forty-seven and forty-eight,
by reinserting the words ?(i) Supports a balanced aquatic community that is
diverse in species composition? and a semicolon.
??????????? And,
??????????? On page thirty, section seven-b,
line forty-eight, by striking out the ?(i)? and reinserting in lieu thereof
?(ii)?.
??????????? On
the adoption of the amendment, the yeas and nays were demanded, which demand
was sustained.
The
yeas and nays having been ordered, they were taken (Roll No. 452), and there were--yeas 10, nays 89, absent and not
voting 1, with the yeas and absent and not voting being as follows:
Yeas:
Fleischauer, Hornbuckle, Isner, Lynch, Miley, Moore, Pushkin, Pyles, Rowe and
White.
Absent
and Not Voting: Folk.
So,
a majority of the members present and voting not having voted in the
affirmative, the amendment was rejected.
The
bill was ordered to third reading.
??????????? S.
B. 691, Relating to
off-road vehicles; on second reading, coming up in regular order, was read a
second time.
??????????? On motion of Delegate Shott, the
bill was amended on page three, section two, line nine, after the word
?Authority?, by inserting a comma and the words ?or other regional recreation
authorities,? and a comma.
On page three,
section two, line seventeen, after the words ?Off-highway vehicle?, by
inserting a comma and the words ?off-highway recreational vehicle?.
On page three,
section two, line twenty-six, after the word ?Authority?, by inserting the
words ?or other regional recreation authorities? and a comma.
And,
On
page four, section two, line twenty-seven, after subdivision seven, by
inserting a new subdivision, designated subdivision eight, to read as follows:
?(8) Regional recreational
authority? means the Hatfield-McCoy Regional Recreation Authority or any regional
recreation authority established and organized pursuant to the provisions of
article fourteen-a of this chapter; and?.
And renumbering the remaining subdivisions.
The bill was
ordered to third reading.
??????????? S. B. 694,
Expiring funds to unappropriated surplus balance in General Revenue fund to
Department of Administration; on second reading, coming up in regular order,
was read a second time, advanced to third reading and the rule was suspended to
permit the offering and consideration of amendments on that reading.
??????????? Com. Sub. for S. B. 27, Relating to microprocessor permit; on second reading, having
been moved to the foot of the calendar in earlier proceedings, was read a
second time.
??????????? An amendment, recommended by the
Committee on Health and Human Resources, was reported by the Clerk, on page
one, by striking out everything after the enacting section and inserting in
lieu thereof the following:
?ARTICLE 35. FARMERS MARKETS.
?19-35-5. Microprocessor permit.
(a)
Notwithstanding any provision of chapter sixteen of this code or any rules
promulgated pursuant to that chapter to the contrary, a farmer?s market vendor
may apply for a microprocessor permit to sell certain foods at a farmer?s market.
A home, farm, community or commercial kitchen may be used by a microprocessor.
The microprocessor permit is required in addition to the farmer?s market vendor
permit.
(b) A majority
of all produce from a microprocessor?s products shall be from his or her farm
or garden. The microprocessor is required to keep production and food source
records for a period of two years. The food shall be labeled in compliance with
the West Virginia Department of Agriculture labeling standards and provide
information about its content and sources. The label shall include the words
?MADE IN A WV ?KITCHEN ? NOT FOR RESALE/
PROCESSED AND PREPARED WITHOUT STATE INSPECTION? in capital, bold, 10-point
type or larger, with the blank space to state whether the product was made in a
home, farm, community or commercial kitchen. The label shall also include:
(1) The name
and address of the home-based processing operation;
(2) The common
or usual name of the food product;
(3) Product
ingredients that include potential food allergens such as, but not limited to,
milk, eggs, peanuts, tree nuts, wheat and soy;
(4) The date
the product was processed.
(c) A
microprocessor permit is permitted to sell:
(1) Canned
acidified foods, such as pickled products, sauces and salsas. Acidified foods
are low-acid foods to which acid or acid foods are added with a water activity
of greater than .085 and a finished equilibrium of pH 4.6 or below; and
(2) Frozen
fruits and vegetables, which are not permitted to be vacuum-sealed.
(d)
Nonpotentially hazardous foods, and those already exempted, do not require a
microprocessor permit but require registration with the local health
department. These include, but are not limited to:
(1) Breads,
cakes and candies;
(2) Honey,
maple syrup, apple butter and molasses;
(3)
Standardized nondietary jams and jellies;
(4) Fermented
products;
(5) Whole or
chopped tomatoes, tomato sauce and tomato juice having a finished equilibrium
of pH 4.6 or below;
(6) Exempted
condiments; and
(7) Dehydrated
fruits and vegetables.
?(e) To qualify for a microprocessor permit,
the applicant shall:
(1) If the
microprocessor makes acidified foods, they are required to complete either a
training program from the Better Control Process School for acidified foods, an
approved program set up by the West Virginia University Extension Service or an
approved training course approved by the Department of Agriculture;
(2) Pass a
pre-opening inspection conducted by the local health department at the
microprocessor?s kitchen. The local health department may conduct an inspection
during the processing season at the microprocessor?s kitchen if a food born
illness is reported. The local health department shall give the microprocessor
at least forty-eight-hour notice prior to an inspection of a kitchen. The local
health department may suspend operations or recall products for disease
outbreaks, or violations of rules or regulations. Any inspection by a local
health department shall be in compliance with rules promulgated by the West
Virginia Department of Health and Human Resources pursuant to section four of
this article;
(3) In
addition to the pre-opening inspection, the micro-processor must complete an
initial food manufacturing processing inspection by a district sanitarian, a
West Virginia State University or a West Virginia University extension agent.
No additional processing inspections are required unless an incorrect procedure
has been reported or if a new product is introduced for sale;
(4) Possess a
valid food handler?s permit from the local health department, if required;
(5) Use a USDA
or West Virginia University pre-approved and tested recipe; and
(6) Pay an
annual permit fee of not more than $40 to the local health department issuing
the microprocessor permit.
?(f) A person may not offer for sale
microprocessed products over the Internet or interstate;
(g) A person
who purchases a product made by a microproducer shall not resell the product;
(h)
Microprocessors shall not sell more than five thousand units per year in the
aggregate;
(i)? The following prohibitions shall apply to
persons microprocessing food for sale at a nonconsignment farmer?s market
pursuant to a permit granted by the provisions of this section:?
(1) No animals
are permitted in the microprocessor?s kitchen or storage area at any time
during the production, preparation, processing or packing of products;?
?(2)?
Smoking is not permitted in any portion of the microprocessor?s home
which is used for preparation, packaging, storage or handling of food and
related ingredients or equipment while food is being prepared, packaged, stored
or handled.?
??????????? On motion of Delegate C. Miller, the
amendment was amended on page three, section five, line sixty-one, by striking
out the word ?nonconsignment?.
??????????? On motion of Delegate Summers, the
amendment was amended on page one, section five, line nineteen, by striking out
the word ?permit?.
On
page two, section five, by striking out all of subdivisions two and three and
inserting in lieu thereof a new subdivision two, to read as follows:
?(2)
Pass a pre-opening permit inspection conducted by the local health department
at the microprocessor?s kitchen. The local health department may conduct at
least one annual operational inspection during the processing season at the
microprocessor?s kitchen or when warranted.?
The local health department has the right to suspend operations or
recall products for disease outbreaks, or violations of rules or
regulations.? Any inspection by a local
health department shall be in compliance with rules promulgated by the West
Virginia Department of Health and Human Resources pursuant to section four of
this article? followed by a semicolon and, renumbering the remaining subdivisions.
On
page three, section five, line
fifty-six, by striking out the word ?interstate? and inserting in lieu thereof
the words ?in interstate commerce?.
On
page three, section five, line
fifty-nine, by striking out the word ?five? and inserting in lieu thereof the
word ?three?.
The Health and
Human Resources amendment, as amended, was then adopted.
The bill was
ordered to third reading.
??????????? At 4:15 p.m., on motion of Delegate
Cowles, the House of Delegates recessed until 4:30 p.m.
*******
Evening
Session
*************
The House of Delegates was called to
order by the Honorable Tim Armstead, Speaker.
Reordering of the Calendar
??????????? Delegate Cowles announced that the
Committee on Rules had transferred Com. Sub. for S. B. 412, on Second Reading,
House Calendar, to the Special Calendar.
Second Reading
-continued-
??????????? Com.
Sub. for S. B. 412,
Relating to WV Jobs Act reporting requirements; on second reading, coming up in
regular order, was read a second time.
An amendment, recommended by the
Committee on Government Organization, was reported by the Clerk, on page one,
after the enacting clause, by striking out everything after the enacting
section and inserting in lieu thereof the following:
?That ?21-1C-5 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, to read as follows:
CHAPTER 21.
LABOR.
ARTICLE
1C. WEST VIRGINIA JOBS ACT.
?21-1C-5. Applicability and
scope of article; reporting requirements.
(a)
This article applies to expenditures for construction projects by any public
authority for public improvements as defined by this article.
(b)
For public improvement projects let pursuant to this article, the public
authority shall file, or require an employer as defined in section two of this
article to file, with the Division of Labor copies of the waiver certificates
and certified payrolls pursuant to article five-a of this chapter or other
comparable documents that include the number of employees, the county and state
wherein the employees reside and their occupation.?
(c)
The Division of Labor shall compile the information required by this section
and submit it annually to the Joint Committee on Government and Finance by
October 15. The joint committee may forward these reports to the Legislative
Auditor to review and make comments regarding the usefulness of the information
collected and to suggest changes to the division?s method of reporting to
ensure the information collected will prove useful in evaluating the
effectiveness of the provisions of this article.
(d)
Each public authority has the duty to shall implement the
reporting requirements of this article. Every public improvement contract or
subcontract let by a public authority shall contain provisions conforming to
the requirements of this article.
(e)
The Division of Labor is authorized to may establish procedures
for the efficient collection of data, collection of civil penalties prescribed
in section six of this article and transmittal of data to the Joint Committee
on Government and Finance.
(f)
The Division of Labor, or any public authority to any other entity or person may
not disclose any document filed or submitted pursuant to this section that
includes records of actual wages paid to employees that contains any information contained in
such documents pertaining to the wages of any individual to any other entity or
person except to another governmental agency to the extent necessary for that
agency to carry out its statutory functions. Any such document shall be deemed
confidential and proprietary and shall not be considered a public record for
the purposes of article one, chapter twenty-nine-b of this code unless such
wage information is redacted before being disclosed.
(g) Nothing in
this section shall prohibit the release of documents or information regarding
actual wages paid pursuant to a court order from a court of competent
jurisdiction, including but not limited to municipal court, family court,
circuit court, and the West Virginia Supreme Court of Appeals.?
??????????? Delegate G. Foster
moved to amend the amendment
on page one, after the enacting clause by striking out the enacting section and
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
section, designated ?5-22-4; and that ?21-1C-5 of said code be amended and
reenacted, all to read as follows:
CHAPTER
5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND
ATTORNEY GENERAL; BOARD OF Public Works; Miscellaneous Agencies, Commissions,
Offices, Programs, etc.
ARTICLE 22. gOVERNMENT CONSTRUCTION
CONTRACTS.
?5-22-4. Prohibition on requiring submission of wage
records; exception.
(a) A governmental entity that requires a private company, which
has contracted with or is seeking to contract with a governmental entity for a
construction project, to submit any document that includes records of actual
wages paid to employees shall not disclose such document or information
contained therein to any other entity or person except to
another governmental agency to the extent necessary for that agency to carry
out its statutory functions.? Any such
document shall be deemed confidential and proprietary and shall not be
considered a public record for the purposes of article
one, chapter twenty-nine-b of this code.
(b) For the purposes of this section, ?governmental entity? means
the state and its subdivisions or any other entity or person acting on behalf
of the state and its subdivisions.
(c) Nothing in this section shall prohibit the release of
documents or information regarding actual wages paid pursuant to a court order
from a court of competent jurisdiction, including but not limited to municipal
court, family court, circuit court, and the West Virginia Supreme Court of
Appeals.?
CHAPTER
21. LABOR.
ARTICLE 1C. WEST VIRGINIA JOBS
ACT.
?21-1C-5. Applicability and scope of article; reporting requirements.
(a) This
article applies to expenditures for construction projects by any public
authority for public improvements as defined by this article.
(b) For
public improvement projects let pursuant to this article, the public authority
shall file, or require an employer as defined in section two of this article to
file, with the Division of Labor copies of the waiver certificates and
certified payrolls pursuant to article five-a of this chapter or other
comparable documents that include the number of employees, the county and state
wherein the employees reside and their occupation.?
(c) The
Division of Labor shall compile the information required by this section and
submit it annually to the Joint Committee on Government and Finance by October
15. The joint committee may forward these reports to the Legislative Auditor to
review and make comments regarding the usefulness of the information collected
and to suggest changes to the division?s method of reporting to ensure the
information collected will prove useful in evaluating the effectiveness of the
provisions of this article.
(d) Each
public authority has the duty to shall implement the reporting
requirements of this article. Every public improvement contract or subcontract
let by a public authority shall contain provisions conforming to the
requirements of this article.
(e) The
Division of Labor is authorized to may establish procedures for
the efficient collection of data, collection of civil penalties prescribed in
section six of this article and transmittal of data to the Joint Committee on
Government and Finance.
(f) Any document filed or submitted pursuant
to this section that includes records of actual wages paid to employees shall
not be disclosed by the Division of Labor or a public authority to any other
entity or person except
to another governmental agency to the extent necessary for that agency to carry
out its statutory functions.? Any such document
and any information contained therein shall be deemed confidential and
proprietary and shall not be considered a public record for the purposes of
article one, chapter twenty-nine-b of this code.
(g)
Nothing in this section shall prohibit the release of documents or information
regarding actual wages paid pursuant to a court order from a court of competent
jurisdiction, including but not limited to municipal court, family court,
circuit court, and the West Virginia Supreme Court of Appeals.?
??????????? Delegate Walters was addressing the
House when Delegate Hicks arose to a point of order, regarding the content of
the remarks of the Delegate.
The Speaker reminded the Gentleman to
confine his remarks to the matter before the House.
??????????? On
the adoption of the amendment to the amendment, the yeas and nays were demanded
which demand was sustained.
??????????? The yeas and nays having been
ordered, they were taken (Roll No. 453),
and there were--yeas 31, nays 67, absent and not voting 2, with the yeas and
absent and not voting being as follows:
??????????? Yeas: Ambler, Arvon, Atkinson,
Blair, Butler, Cooper, Cowles, Deem, Ellington, Espinosa, Fast, G. Foster, N.
Foster, Harshbarger, Higginbotham, Hollen, Householder, Howell, Kessinger,
Maynard, C. Miller, Moore, O'Neal, Overington, C. Romine, Sobonya, Statler,
Summers, Walters, Wilson and Zatezalo.
??????????? Absent and Not Voting: Folk and
Lane.
??????????? So, a majority of the members
present and voting not having voted in the affirmative, the amendment to the
amendment was rejected.
??????????? Delegates Thompson and Hicks moved
to amend the amendment on page one, by striking out the enacting section and
inserting in lieu the following:
??????????? ?That ?21-1C-2 and ?21-1C-5 of the
Code of West Virginia, 1931, as amended, be amended and reenacted, to read as
follows? and a colon.
??????????? And,
??????????? On line one by inserting the
following:
??21-1C-2. Definitions.
As used in this
article:
(1) The term ?construction
project? means any construction, reconstruction, improvement, enlargement,
painting, decorating or repair of any public improvement let to contract in an
amount equal to or greater than $500,000. The term ?construction project? does
not include temporary or emergency repairs;
(2) (A) The term ?employee?
means any person hired or permitted to perform hourly work for wages by a
person, firm or corporation in the construction industry;
(B) The term ?employee?
does not include:
(i) Bona fide
employees of a public authority or individuals engaged in making temporary or
emergency repairs;
(ii) Bona fide
independent contractors; or
(iii) Salaried
supervisory personnel necessary to assure efficient execution of the employee's
work;
(3) The term ?employer?
means any person, firm or corporation employing one or more employees on any
public improvement and includes all contractors and subcontractors;
(4) The term ?local
labor market? means every county in West Virginia and any county outside of
West Virginia if any portion of that county is within fifty miles of which
shares the border of with West Virginia;
(5) The term ?public
authority? means any officer, board, commission or agency of the State of West
Virginia and its subdivisions, including counties and municipalities. Further,
the economic grant committee, economic development authority, infrastructure
and jobs development council and School Building Authority shall be required to
comply with the provisions of this article for loans, grants or bonds provided
for public improvement construction projects;
(6) The term ?public
improvement? includes the construction of all buildings, roads, highways,
bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks,
airports and all other structures that may be let to contract by a public
authority, excluding improvements funded, in whole or in part, by federal
funds.?
??????????? On the adoption of the amendment to
the amendment, the yeas and nays were demanded, which demand was sustained.
??????????? The yeas and nays having been
ordered, they were taken (Roll No. 454),
and there were--yeas 47, nays 51, absent and not voting 2, with the yeas and
absent and not voting being as follows:
??????????? Yeas: Baldwin, Barrett, Bates,
Boggs, Brewer, Byrd, Canestraro, Capito, Caputo, Diserio, Eldridge, E. Evans,
Ferro, Fleischauer, Hamilton, Hanshaw, Hartman, Hicks, Hornbuckle, Howell,
Iaquinta, Isner, Longstreth, Love, Lovejoy, Lynch, Marcum, Martin, Maynard,
Miley, R. Miller, Moore, Moye, Pethtel, Phillips, Pushkin, Pyles, Robinson,
Rodighiero, Rohrbach, C. Romine, Rowe, Shott, Sponaugle, Thompson, Ward and
Williams.
??????????? Absent and Not Voting: Folk and
Lane.
??????????? So, a majority of the members
present and voting not having voted in the affirmative, the amendment to the
amendment was rejected.
??????????? The amendment recommended by the
Committee on Government Organization was then adopted.
Messages from the Senate
??????????? A message from the Senate, by The Clerk of the Senate,
announced that the Senate had passed, without amendment, a bill of the House of
Delegates as follows:
??????????? Com. Sub. for H.
B. 2195, Relating to requiring comprehensive drug awareness and prevention
program in all public schools.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2329, Prohibiting the production, manufacture or possession of fentanyl.
??????????? On motion of Delegate Cowles, House of Delegates refused
to concur in the following Senate amendments and requested the Senate to recede
therefrom.
?That
?60A-1-101 of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that ?60A-2-204 of said code be amended and reenacted; and that said
code be amended by adding thereto a new section, designated ?60A-4-414, all to
read as follows:
ARTICLE 1. DEFINITIONS.
?60A-1-101. Definitions.
As
used in this act:
(a)
?Administer? means the direct application of a controlled substance whether by
injection, inhalation, ingestion or any other means to the body of a patient or
research subject by:
(1)
A practitioner (or, in his or her presence, by his or her authorized agent); or
(2)
The patient or research subject at the direction and in the presence of the
practitioner.
(b)
?Agent? means an authorized person who acts on behalf of or at the direction of
a manufacturer, distributor or dispenser. It does not include a common or
contract carrier, public warehouseman or employee of the carrier or
warehouseman.
(c)
?Analogue? means a substance that, in relation to a controlled substance, has a
substantially similar chemical structure.
(d)
?Bureau? means the ?Bureau of Narcotics and Dangerous Drugs, United States
Department of Justice? or its successor agency.
(e)
?Controlled substance? means a drug, substance or immediate precursor in
Schedules I through V of article two of this chapter.
(f)
?Counterfeit substance? means a controlled substance which, or the container or
labeling of which, without authorization, bears the trademark, trade name or
other identifying mark, imprint, number or device, or any likeness thereof, of
a manufacturer, distributor or dispenser other than the person who in fact
manufactured, distributed or dispensed the substance.
(g)
?Imitation controlled substance? means: (1) A controlled substance which is
falsely represented to be a different controlled substance; (2) a drug or
substance which is not a controlled substance but which is falsely represented
to be a controlled substance; or (3) a controlled substance or other drug or
substance or a combination thereof which is shaped, sized, colored, marked,
imprinted, numbered, labeled, packaged, distributed or priced so as to cause a
reasonable person to believe that it is a controlled substance.
(h)
?Deliver? or ?delivery? means the actual, constructive or attempted transfer
from one person to another of: (1) A controlled substance, whether or not there
is an agency relationship; (2) a counterfeit substance; or (3) an imitation
controlled substance.
(i)
?Dispense? means to deliver a controlled substance to an ultimate user or
research subject by or pursuant to the lawful order of a practitioner, including
the prescribing, administering, packaging, labeling or compounding necessary to
prepare the substance for that delivery.
(j)
?Dispenser? means a practitioner who dispenses.
(k)
?Distribute? means to deliver, other than by administering or dispensing, a
controlled substance, a counterfeit substance or an imitation controlled
substance.
(l)
?Distributor? means a person who distributes.
(m)
?Drug? means: (1) Substances recognized as drugs in the official ?United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or
official National Formulary?, or any supplement to any of them; (2) substances
intended for use in the diagnosis, cure, mitigation, treatment or prevention of
disease in man or animals; (3) substances (other than food) intended to affect
the structure or any function of the body of man or animals; and (4) substances
intended for use as a component of any article specified in subdivision (1),
(2) or (3) of this subdivision. It does not include devices or their components,
parts or accessories.
(n)
?Fentanyl analog or derivative? means any substance which has a chemical
structure which is substantially similar to the chemical structure of fentanyl,
including any of its salts, isomers, or salts of isomers, including any
chemical compound or mixture. For purposes of this chapter, the term ?fentanyl
derivative or analog? includes any fentanyl analog that is not otherwise
scheduled in this chapter.
(n) (o) ?Immediate
derivative? means a substance which is the principal compound or any analogue
of the parent compound manufactured from a known controlled substance primarily
for use and which has equal or similar pharmacologic activity as the parent
compound which is necessary to prevent, curtail or limit manufacture.
(o) (p) ?Immediate
precursor? means a substance which is the principal compound commonly used or
produced primarily for use and which is an immediate chemical intermediary used
or likely to be used in the manufacture of a controlled substance, the control
of which is necessary to prevent, curtail or limit manufacture.
(p) (q) ?Manufacture?
means the production, preparation, propagation, compounding, conversion or
processing of a controlled substance, either directly or indirectly or by
extraction from substances of natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include the
preparation, compounding, packaging or labeling of a controlled substance:
(1)
By a practitioner as an incident to his or her administering or dispensing of a
controlled substance in the course of his or her professional practice; or
(2)
By a practitioner, or by his or her authorized agent under his or her
supervision, for the purpose of, or as an incident to, research, teaching or
chemical analysis and not for sale.
(q) (r) ?Marijuana?
means all parts of the plant ?Cannabis sativa L.?, whether growing or not; the
seeds thereof; the resin extracted from any part of the plant; and every
compound, manufacture, salt, immediate derivative, mixture or preparation of
the plant, its seeds or resin. It does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the seeds of the
plant, any other compound, manufacture, salt, immediate derivative, mixture or
preparation of the mature stalks (except the resin extracted therefrom), fiber,
oil or cake, or the sterilized seed of the plant which is incapable of
germination.
(r) (s) ?Narcotic drug?
means any of the following, whether produced directly or indirectly by
extraction from substances of vegetable origin or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis:
(1)
Opium and opiate and any salt, compound, immediate derivative or preparation of
opium or opiate.
(2)
Any salt, compound, isomer, immediate derivative or preparation thereof which
is chemically equivalent or identical with any of the substances referred to in
paragraph (1) of this subdivision, but not including the isoquinoline alkaloids
of opium.
(3)
Opium poppy and poppy straw.
(4)
Coca leaves and any salt, compound, immediate derivative or preparation of coca
leaves and any salt, compound, isomer, immediate derivative or preparation
thereof which is chemically equivalent or identical with any of these
substances, but not including decocainized coca leaves or extractions of coca
leaves which do not contain cocaine or ecgonine.
(s) (t) ?Opiate? means
any substance having an addiction-forming or addiction-sustaining liability
similar to morphine or being capable of conversion into a drug having
addiction-forming or addiction-sustaining liability. It does not include,
unless specifically designated as controlled under section two hundred one,
article two of this chapter, the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does not
include its racemic and levorotatory forms.
(t) (u) ?Opium poppy?
means the plant of the species ?Papaver somniferum L.?, except its seeds.
(u) (v) ?Person? means
individual, corporation, government or governmental subdivision or agency,
business trust, estate, trust, partnership or association, or any other legal
entity.
(v) (w) ?Placebo? means
an inert medicament or preparation administered or dispensed for its
psychological effect, to satisfy a patient or research subject or to act as a
control in experimental series.
(w) (x) ?Poppy straw?
means all parts, except the seeds, of the opium poppy after mowing.
(x) (y) ?Practitioner?
means:
(1)
A physician, dentist, veterinarian, scientific investigator or other person
licensed, registered or otherwise permitted to distribute, dispense, conduct
research with respect to, or to administer a controlled substance in the course
of professional practice or research in this state.
(2)
A pharmacy, hospital or other institution licensed, registered or otherwise
permitted to distribute, dispense, conduct research with respect to, or to
administer a controlled substance in the course of professional practice or
research in this state.
(y) (z) ?Production?
includes the manufacture, planting, cultivation, growing or harvesting of a
controlled substance.
(z) (aa) ?State?, when
applied to a part of the United States, includes any state, district,
commonwealth, territory, insular possession thereof and any area subject to the
legal authority of the United States of America.
(aa) (bb) ?Ultimate user?
means a person who lawfully possesses a controlled substance for his or her own
use or for the use of a member of his or her household or for administering to
an animal owned by him or her or by a member of his or her household.
ARTICLE 2. STANDARDS AND
SCHEDULES.
?60A-2-204.
Schedule I.
(a)
Schedule I shall consist of the drugs and other substances, by whatever
official name, common or usual name, chemical name, or brand name designated,
listed in this section.
(b)
Opiates. Unless specifically excepted or unless listed in another schedule, any
of the following opiates, including their isomers, esters, ethers, salts and
salts of isomers, esters and ethers, whenever the existence of such isomers,
esters, ethers and salts is possible within the specific chemical designation
(for purposes of subdivision (34) (35) of this subsection only,
the term isomer includes the optical and geometric isomers):
(1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl) -4-piperidinyl]--phenylacetamide);
(2)
Acetylmethadol;
(3)
Allylprodine;
(4) Alphacetylmethadol (except levoalphacetylmethadol also
known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(5)
Alphameprodine;
(6)
Alphamethadol;
(7)Alpha-methylfentanyl
(N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide;
1-(1-methyl-2-phenylethyl)-4-(?
propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-
4-piperidinyl]--phenylpropanamide);
(9)
Benzethidine;
(10)
Betacetylmethadol;
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl) -4-
piperidinyl]-N-phenylpropanamide);
(12)
Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-
hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
(13)
Betameprodine;
(14)
Betamethadol;
(15)
Betaprodine;
(16)
Clonitazene;
(17)
Dextromoramide;
(18)
Diampromide;
(19)
Diethylthiambutene;
(20)
Difenoxin;
(21)
Dimenoxadol;
(22)
Dimepheptanol;
(23)
Dimethylthiambutene;
(24)
Dioxaphetyl butyrate;
(25)
Dipipanone;
(26)
Ethylmethylthiambutene;
(27)
Etonitazene;
(28)
Etoxeridine;
(29)
Fentanyl analog or derivative, as that term is defined in article one of this
chapter: Provided, That fentanyl
remains a Schedule II substance, as set forth in section two hundred six of
this article;
(29) (30) Furethidine;
(30) (31)
Hydroxypethidine;
(31) (32) Ketobemidone;
(32) (33) Levomoramide;
(33) (34) Levophenacylmorphan;
(34) (35)
3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-
piperidyl]-N-phenylpropanamide);
(35) (36) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl) ethyl-4-
piperidinyl]--phenylpropanamide);
(36) (37) Morpheridine;
(37) (38) MPPP
(1-methyl-4-phenyl-4-propionoxypiperidine);
(38) (39)
Noracymethadol;
(39) (40)
Norlevorphanol;
(40) (41) Normethadone;
(41) (42) Norpipanone;
(42) (43) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-
phenethyl)-4-piperidinyl] propanamide);
(43) (44)
PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) (45) Phenadoxone;
(45) (46) Phenampromide;
(46) (47) Phenomorphan;
(47) (48) Phenoperidine;
(48) (49) Piritramide;
(49) (50) Proheptazine;
(50) (51) Properidine;
(51) (52) Propiram;
(52) (53) Racemoramide;
(53) (54) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl) ethyl-4- piperidinyl]-propanamide);
(54) (55) Tilidine;
(55) (56) Trimeperidine.
(c)
Opium derivatives. -- Unless specifically excepted or unless listed in
another schedule, any of the following opium immediate derivatives, its salts,
isomers and salts of isomers whenever the existence of such salts, isomers and
salts of isomers is possible within the specific chemical designation:
(1)
Acetorphine;
(2)
Acetyldihydrocodeine;
(3)
Benzylmorphine;
(4)
Codeine methylbromide;
(5)
Codeine-N-Oxide;
(6)
Cyprenorphine;
(7)
Desomorphine;
(8)
Dihydromorphine;
(9)
Drotebanol;
(10)
Etorphine (except HCl Salt);
(11)
Heroin;
(12)
Hydromorphinol;
(13)
Methyldesorphine;
(14)
Methyldihydromorphine;
(15)
Morphine methylbromide;
(16)
Morphine methylsulfonate;
(17)
Morphine-N-Oxide;
(18)
Myrophine;
(19)
Nicocodeine;
(20)
Nicomorphine;
(21)
Normorphine;
(22)
Pholcodine;
(23)
Thebacon.
(d)
Hallucinogenic substances. -- Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or preparation,
which contains any quantity of the following hallucinogenic substances, or
which contains any of its salts, isomers and salts of isomers, whenever the
existence of such salts, isomers, and salts of isomers is possible within the
specific chemical designation (for purposes of this subsection only, the term ?isomer?
includes the optical, position and geometric isomers):
(1)
Alpha-ethyltryptamine; some trade or other names: etryptamine; Monase; alpha-ethy-1H-indole-3-ethanamine;
3-(2- aminobutyl) indole; alpha-ET; and AET;
(2)
4-bromo-2, 5-dimethoxy-amphetamine; some trade or other names:
4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo- 2,5-DMA;
(3)
4-Bromo-2,5-dimethoxyphenethylamine; some trade or other names:
2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha- desmethyl DOB; 2C-B,
Nexus;
(4)(A)
N-(2-Methoxybenzyl)-4-bromo-2, 5-dimethoxyphenethylamine. The substance has the
acronym 25B-NBOMe.
(B)
2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25C-NBOMe).
(C)
2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25I-NBOMe)
(5)
2,5-dimethoxyamphetamine; some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA;
(6)
2,5-dimethoxy-4-ethylamphet-amine; some trade or other names: DOET;
(7)
2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name: 2C-T-7);
(8)
4-methoxyamphetamine; some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA;
(9)
5-methoxy-3, 4-methylenedioxy-amphetamine;
(10)
4-methyl-2,5-dimethoxy-amphetamine; some trade and other names:
4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; ?DOM?; and ?STP?;
(11)
3,4-methylenedioxy amphetamine;
(12)
3,4-methylenedioxymethamphetamine (MDMA);
(13)
3,4-methylenedioxy-N-ethylamphetamine (also known as ? ethyl-alpha-methyl-3,4
(methylenedioxy) phenethylamine, N-ethyl MDA, MDE, MDEA);
(14)
N-hydroxy-3,4-methylenedioxyamphetamine (also known as ? hydroxy-alpha-methyl-3,4
(methylenedioxy) phenethylamine, and ? hydroxy MDA);
(15)
3,4,5-trimethoxy amphetamine;
(15)
(16) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(17)
Alpha-methyltryptamine (other name: AMT);
(18)
Bufotenine; some trade and other names:
3-(beta-Dimethylaminoethyl)-5-hydroxyindole;3-(2-dimethylaminoethyl)
-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N- dimethyltryptamine; mappine;
(19)
Diethyltryptamine; sometrade and other names: N, N-Diethyltryptamine; DET;
(20)
Dimethyltryptamine; some trade or other names: DMT;
(21)
5-Methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT);
(22)
Ibogaine; some trade and other names: 7-Ethyl-6, 6 Beta, 7, 8, 9, 10, 12,
13-octahydro-2-methoxy-6, 9-methano-5H- pyrido [1', 2': 1, 2] azepino [5,4-b]
indole; Tabernanthe iboga;
(23)
Lysergic acid diethylamide;
(24)
Marihuana;
(25)
Mescaline;
(26)
Parahexyl-7374; some trade or other names: 3-Hexyl -1-hydroxy-7, 8, 9,
10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b,d] pyran; Synhexyl;
(27)
Peyote; meaning all parts of the plant presently classified botanically as
Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any
extract from any part of such plant, and every compound, manufacture, salts,
immediate derivative, mixture or preparation of such plant, its seeds or
extracts;
(28)
N-ethyl-3-piperidyl benzilate;
(29)
N-methyl-3-piperidyl benzilate;
(30)
Psilocybin;
(31)
Psilocyn;
(32)
Tetrahydrocannabinols; synthetic equivalents of the substances contained in the
plant, or in the resinous extractives of Cannabis, sp. and/or synthetic
substances, immediate derivatives and their isomers with similar chemical
structure and pharmacological activity such as the following:
delta-1
Cis or trans tetrahydrocannabinol, and their optical isomers;
delta-6
Cis or trans tetrahydrocannabinol, and their optical isomers;
delta-3,4
Cis or trans tetrahydrocannabinol, and its optical isomers;
(Since
nomenclature of these substances is not internationally standardized, compounds
of these structures, regardless of numerical designation of atomic positions
covered).
(33)
Ethylamine analog of phencyclidine; some trade or other names:
N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine,
N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
(34)
Pyrrolidine analog of phencyclidine; some trade or other names:
1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
(35)
Thiophene analog of phencyclidine; some trade or other names:
1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine;
TPCP, TCP;
(36)
1[1-(2-thienyl)cyclohexyl]pyrroldine; some other names: TCPy.
(37)
4-methylmethcathinone (Mephedrone);
(38)
3,4-methylenedioxypyrovalerone (MDPV);
(39)
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(40)
2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D)
(41)
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C)
(42)
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I)
(43)
2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2)
(44)
2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4)
(45)
2-(2,5-Dimethoxyphenyl)ethanamine (2C-H)
(46)
2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N)
(47)
2-(2,5-Dimethoxy-
4-(n)-propylphenyl)
ethanamine (2C-P)
(48)
3,4-Methylenedioxy-N-methylcathinone (Methylone)
(49)
(2,5-dimethoxy-4-(n)-propyltghiophenethylamine (2C-T-7, itsoptical isomers,
salts and salts of isomers
(50)
5-methoxy-N, N-dimethyltryptamine some trade or other names:
5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT(5-MeO-DMT)
(51)
Alpha-methyltryptamine (other name: AMT)
(52)
5-methoxy-N ,N-diisopropyltryptamine (other name: 5-MeO-DIPT)
(53)
Synthetic Cannabinoids as follows:
(A)
2-[(1R,3S)-3-hydroxycyclohexyl]-5- (2-methyloctan-2-yl) phenol) {also known as
CP 47,497 and homologues};
(B)
rel-2-[(1S,3R)-3-hydroxycyclohexyl] -5-(2-methylnonan-2-yl) phenol {also known
as CP 47,497-C8 homolog};
(C)
[(6aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,
7,10,10a-tetrahydrobenzo[c]chromen-1-ol)] {also known as HU-210};
(D)
(dexanabinol);
(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo
l[c]chromen-1-ol)
{also known as HU-211};
(E)
1-Pentyl-3-(1-naphthoyl) indole {also known as JWH-018};
(F)
1-Butyl-3-(1-naphthoyl) indole {also known as JWH-073};
(G)
(2-methyl-1-propyl-1H-indol-3-yl)-1-napthalenyl-methanone {also known as
JWH-015};
(H)
(1-hexyl-1H-indol-3-yl)-1-naphthalenyl-methanone {also known as JWH-019};
(I)
[1-[2-(4-morpholinyl) ethyl] -1H-indol-3-yl]-1-naphthalenyl-methanone {also
known as JWH-200};
(J)
1-(1-pentyl-1H-indol-3-yl)-2-(3-hydroxyphenyl)-ethanone {also known as
JWH-250};
(K)
2-((1S,2S,5S)-5-hydroxy-2- (3-hydroxtpropyl)cyclohexyl)
-5-(2-methyloctan-2-yl)phenol {also known as CP 55,940};
(L)
(4-methyl-1-naphthalenyl) (1-pentyl-1H-indol-3-yl) -methanone {also known as
JWH-
122};
(M)
(4-methyl-1-naphthalenyl) (1-pentyl-1H-indol-3-yl) -methanone {also known as
JWH-
398;
(N)
(4-methoxyphenyl) (1-pentyl-1H-indol-3-yl)methanone {also known as RCS-4};
(O)
1-(1-(2-cyclohexylethyl) -1H-indol-3-yl) -2-(2-methoxyphenyl) ethanone {also
known as RCS-8};
(P)
1-pentyl-3-[1-(4-methoxynaphthoyl)] indole (JWH-081);
(Q)
1-(5-fluoropentyl)-3-(1-naphthoyl) indole (AM2201); and
(R)
1-(5-fluoropentyl)-3-(2-iodobenzoyl) indole (AM694).
(54)
Synthetic cannabinoids or any material, compound, mixture or preparation which
contains any quantity of the following substances, including their analogues,
congeners, homologues, isomers, salts and salts of analogues, congeners,
homologues and isomers, as follows:
(A)
CP 47,497 AND homologues, 2-[(1R,3S)-3-Hydroxycyclohexyl]-5-(2-methyloctan-2-
YL) phenol);
(B)
HU-210, [(6AR,10AR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-Methyloctan-2-YL)-6A,7,10,
10A-tetrahydrobenzo[C] chromen-1-OL)];
(C)
HU-211, (dexanabinol,
(6AS,10AS)-9-(hydroxymethyl)-6,6-Dimethyl-3-(2-methyloctan-2-YL)-6A,7,10,10
atetrahydrobenzo [C]chromen-1-OL);
(D)
JWH-018, 1-pentyl-3-(1-naphthoyl) indole;
(E)
JWH-019, 1-hexyl-3-(1-naphthoyl) indole;
(F)
JWH-073, 1-butyl-3-(1-naphthoyl) indole;
(G)
JWH-200, (1-(2-morpholin-4-ylethyl) indol-3-yl)- Naphthalen-1-ylmethanone;
(H)
JWH-250, 1-pentyl-3-(2-methoxyphenylacetyl) indole.]
(55)
Synthetic cannabinoids including any material, compound, mixture or preparation
that is not listed as a controlled substance in Schedule I through V, is not a
federal Food and Drug Administration approved drug or used within legitimate
and approved medical research and which contains any quantity of the following
substances, their salts, isomers, whether optical positional or geometric,
analogues, homologues and salts of isomers, analogues and homologues, unless
specifically exempted, whenever the existence of these salts, isomers,
analogues, homologues and salts of isomers, analogues and homologues if
possible within the specific chemical designation:
(A)
Tetrahydrocannabinols meaning tetrahydrocannabinols which are naturally
contained in a plant of the genus cannabis as well as synthetic equivalents of
the substances contained in the plant or in the resinous extractives of
cannabis or synthetic substances, derivatives and their isomers with analogous
chemical structure and or pharmacological activity such as the following:
(i)
DELTA-1 CIS OR trans tetrahydrocannabinol and their optical isomers.
(ii)
DELTA-6 CIS OR trans tetrahydrocannabinol and their optical isomers.
(iii)
DELTA-3,4 CIS OR their trans tetrahydrocannabinol and their optical isomers.
(B)
Naphthoylindoles or any compound containing a 3-(-1- Napthoyl) indole structure
with substitution at the nitrogen atom of the indole ring whether or not
further substituted in the indole ring to any extent and whether or not
substituted in the naphthyl ring to any extent. This shall include the
following:
(i)
JWH 015;
(ii)
JWH 018;
(iii)
JWH 019;
(iv)
JWH 073;
(v)
JWH 081;
(vi)
JWH 122;
(vii)
JWH 200;
(viii)
JWH 210;
(ix)
JWH 398;
(x)
AM 2201;
(xi)
WIN 55,212.
(56)
Naphylmethylindoles or any compound containing a 1hindol-3-yl-(1-naphthyl)
methane structure with a substition at the nitrogen atom of the indole ring
whether or not further substituted in the indole ring to any extent and whether
or not substituted in the naphthyl ring to any extent. This shall include, but
not be limited to, JWH 175 and JWH 184.
(57)
Naphthoylpyrroles or any compound containing a 3-(1- Naphthoyl) pyrrole
structure with substitution at the nitrogen atom of the pyrrole ring whether or
not further substituted in the pyrrole ring to any extent and whether or not
substituted in the naphthyl ring to any extent. This shall include, but not be
limited to, JWH 147 and JWH 307.
(58)
Naphthylmethylindenes or any compound containing a Naphthylideneindene
structure with substitution at the 3- Position of the indene ring whether or
not further substituted in the indene ring to any extent and whether or not
substituted in the naphthyl ring to any extent. This shall include, but not be
limited to, JWH 176.
(59)
Phenylacetylindoles or any compound containing a 3- Phenylacetylindole
structure with substitution at the nitrogen atom of the indole ring whether or
not further substituted in the indole ring to any extent and whether or not
substituted in the phenyl ring to any extent. This shall include the following:
(A)
RCS-8, SR-18 OR BTM-8;
(B)
JWH 250;
(C)
JWH 203;
(D)
JWH 251;
(E)
JWH 302.
(60)
Cyclohexylphenols or any compound containing a 2-(3- hydroxycyclohexyl) phenol
structure with a substitution at the 5-Position of the phenolic ring whether or
not substituted in the cyclohexyl ring to any extent. This shall include the
following:
(A)
CP 47,497 and its homologues and analogs;
(B)
Cannabicyclohexanol;
(C)
CP 55,940.
(61)
Benzoylindoles or any compound containing a 3-(benzoyl) indole structure with
substitution at the nitrogren atom of the indole ring whether or not further
substituted in the indole ring to any extent and whether or not substituted in
the phenyl ring to any extent. This shall include the following:
(A)
AM 694;
(B)
Pravadoline WIN 48,098;
(C)
RCS 4;
(D)
AM 679.
(62)
[2,3-dihydro-5 methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-DE]-1,
4-benzoxazin-6-YL]-1-napthalenymethanone. This shall include WIN 55,212-2.
(63)
Dibenzopyrans or any compound containing a 11-hydroxydelta
8-tetrahydrocannabinol structure with substitution on the 3-pentyl group. This
shall include HU-210, HU-211, JWH 051 and JWH 133.
(64)
Adamantoylindoles or any compound containing a 3-(-1- Adamantoyl) indole
structure with substitution at the nitrogen atom of the indole ring whether or
not further substituted in the adamantoyl ring system to any extent. This shall
include AM1248.
(65)
Tetramethylcyclopropylindoles or any compound containing A
3-tetramethylcyclopropylindole structure with substitution at the nitrogen atom
of the indole ring whether or not further substituted in the indole ring to any
extent and whether or not substituted in the tetramethylcyclopropyl ring to any
extent. This shall include UR-144 and XLR-11.
(66)
N-(1-Adamantyl)-1-pentyl-1h-indazole-3-carboxamide. This shall include AKB48.
(67)
Any other synthetic chemical compound that is a Cannabinoid receptor type 1
agonist as demonstrated by binding studies and functional assays that is not
listed in Schedules II, III, IV and V, not federal Food and Drug Administration
approved drug or used within legitimate, approved medical research. Since
nomenclature of these substances is not internationally standardized, any
immediate precursor or immediate derivative of these substances shall be
covered.
(68)
Tryptamines:
(A)
5- methoxy- N- methyl-N-isopropyltryptamine (5-MeO-MiPT)
(B)
4-hydroxy-N N-diisopropyltryptamine (4-HO-DiPT)
(C)
4-hydroxy-N-methyl-N-isopropyltryptamine (4-HO-MiPT)
(D)
4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET)
(E)
4-acetoxy-N, N-diisopropyltryptamine (4-AcO-DiPT)
(F)
5-methoxy-α-methyltryptamine (5-MeO-AMT)
(G)
4-methoxy-N, N-Dimethyltryptamine (4-MeO-DMT)
(H)
4-hydroxy Diethyltryptamine (4-HO-DET)
(I)
5- methoxy- N,N- diallyltryptamine (5-MeO-DALT)
(J)
4-acetoxy-N, N-Dimethyltryptamine (4-AcO DMT)
(K)
4-hydroxy Diethyltryptamine (4-HO-DET)
(e)
Depressants. -- Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains any
quantity of the following substances having a depressant effect on the central
nervous system, including its salts, isomers and salts of isomers whenever the
existence of such salts, isomers and salts of isomers is possible within the
specific chemical designation:
(1)
Mecloqualone;
(2)
Methaqualone.
(f)
Stimulants. -- Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains any
quantity of the following substances having a stimulant effect on the central
nervous system, including its salts, isomers and salts of isomers:
(1)
Aminorex; some other names: aminoxaphen; 2-amino-5- phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine;
(2)
Cathinone; some trade or other names: 2-amino-1-phenyl-1- propanone,
alpha-aminopropiophenone, 2-aminopropiophenone and norephedrone;
(3)
Fenethylline;
(4)
Methcathinone, its immediate precursors and immediate derivatives, its salts,
optical isomers and salts of optical isomers; some other names:
(2-(methylamino)-propiophenone; alpha-
(methylamino)propiophenone;
2-(methylamino)-1-phenylpropan-1- one; alpha---methylaminopropiophenone;
monomethylpropion; 3,4-methylenedioxypyrovalerone and/or
mephedrone;3,4-methylenedioxypyrovalerone (MPVD); ephedrone; N-methylcathinone;
methylcathinone; AL-464; AL-422; AL- 463 and UR1432;
(5)
(+-) cis-4-methylaminorex; ((+-) cis-4,5-dihydro-4-methyl-
5-phenyl-2-oxazolamine);
(6)
N-ethylamphetamine;
(7)
N,N-dimethylamphetemine; also known as N,N-alpha- trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine.
(8)
Alpha-pyrrolidinopentiophenone, also known as alpha-PVP, optical isomers, salts
and salts of isomers.
(9)
Substituted amphetamines:
(A)
2-Fluoroamphetamine
(B)
3-Fluoroamphetamine
(C)
4-Fluoroamphetamine
(D)
2-chloroamphetamine
(E)
3-chloroamphetamine
(F)
4-chloroamphetamine
(G)
2-Fluoromethamphetamine
(H)
3-Fluoromethamphetamine
(I)
4-Fluoromethamphetamine
(J)
4-chloromethamphetamine
(g)
Temporary listing of substances subject to emergency scheduling. Any material,
compound, mixture or preparation which contains any quantity of the following
substances:
(1)
N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical
isomers, salts, and salts of isomers.
(2)
N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its
optical isomers, salts and salts of isomers.
(3)
N-benzylpiperazine, also known as BZP.
(h)
The following controlled substances are included in Schedule I:
(1)
Synthetic Cathinones or any compound, except bupropion or compounds listed
under a different schedule, or compounds used within legitimate and approved
medical research, structurally derived from 2- Aminopropan-1-one by
substitution at the 1-position with Monocyclic or fused polycyclic ring
systems, whether or not the compound is further modified in any of the
following ways:
(A)
By substitution in the ring system to any extent with Alkyl, alkylenedioxy,
alkoxy, haloalkyl, hydroxyl or halide Substituents whether or not further
substituted in the ring system by one or more other univalent substituents.
(B)
By substitution at the 3-position with an acyclic alkyl substituent.
(C)
By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl or
methoxybenzyl groups.
(D)
By inclusion of the 2-amino nitrogen atom in a cyclic structure.
(2)
Any other synthetic chemical compound that is a Cannabinoid receptor type 1
agonist as demonstrated by binding studies and functional assays that is not
listed in Schedules II, III, IV and V, not federal Food and Drug Administration
approved drug or used within legitimate, approved medical research.
ARTICLE 4. OFFENSES AND
PENALTIES.
?60A-4-414. Unlawful
production, manufacture or possession of fentanyl, its derivatives, or any
Schedule I substance that is misrepresented.
(a)
Except as authorized by this chapter, it is unlawful for any person to
knowingly or intentionally manufacture, possess, distribute, dispense, or
transport any quantity of fentanyl, or any fentanyl analog or derivative, with
intent to manufacture, distribute, dispense, deliver, administer or use the fentanyl,
or any fentanyl analog or derivative.?
Any person who violates this subsection is guilty of a felony and, upon
conviction thereof, shall be imprisoned in a state correctional facility for a
determinate sentence of not less than two years nor more than twenty years or
fined not more than $10,000, or both imprisoned and fined.
(b)
It is unlawful for any person to knowingly and intentionally sell or distribute
any Schedule I controlled substance while misrepresenting the identity of the
Schedule I controlled substance being sold or distributed as a legitimate
pharmaceutical product.? Any person who
violates this subsection is guilty of a felony and, upon conviction thereof,
shall be imprisoned in a state correctional facility for a determinate sentence
of not less than one year nor more than five years or fined not more than
$2,500, or both imprisoned and fined.
(c)
The offenses created in this section are separate offenses from others in this
chapter.?
And,
By
amending the title to read as follows:
Com. Sub. for H. B. ?2329
? ?A Bill to amend and reenact ?60A-1-101 of the Code of West Virginia, 1931,
as amended; to amend and reenact ?60A-2-204 of said code; and to amend said
code by adding thereto a new section, designated ?60A-4-414, all relating to prohibiting
the unlawful production, manufacture or possession of fentanyl and fentanyl
analogs and derivatives; defining a fentanyl analog or derivative; classifying
a fentanyl analog or derivative as a Schedule I drug; creating a felony offense
and imposing criminal penalties for the unlawful production, manufacture or
possession of fentanyl and fentanyl analogs or derivatives; and creating a
separate felony offense and imposing penalties for misrepresenting the identity
of a Schedule I controlled substance as a legitimate pharmaceutical product.?
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? H. B. 2348,
Eliminating any requirement that class hours of students be consecutive.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2364, Prohibiting electioneering within or near early voting locations
during early voting periods.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate amendment:
?ARTICLE
1. GENERAL PROVISIONS AND DEFINITIONS.
?3-1-37. Restrictions on presence and conduct
at polls.
(a) Except as
otherwise provided in this section, no person, other than the election officers
and voters going to the election room to vote and returning therefrom, may be
or remain within three one hundred feet of the outside entrance
to the building housing the polling place while the polls are open. This
subsection does not apply to persons who reside or conduct business within such
distance of the entrance to the building housing the polling place, while in
the discharge of their legitimate business, or to persons whose business
requires them to pass and repass within three one hundred feet of
such entrance.
(b) A person who
is delivering a voter to a polling place by motor vehicle may drive such
vehicle to a convenient and accessible location to discharge the voter,
notwithstanding that the location is within three one hundred
feet of the outside entrance to the building housing the polling place. Upon
discharging such voter from the vehicle, the person shall remove the vehicle
from within three one hundred feet of the entrance until such
time as the voter is to be transported from the polling place or another voter
delivered: Provided, That vehicles delivering voters who require
assistance by reason of blindness, disability or advanced age may remain within
three one hundred feet of the entrance until such time as the
voter is to be transported from the polling place.
(c) The election
commissions shall limit the number of voters in the election room so as to
preserve order. No person may approach nearer than five feet to any booth or
compartment while the election is being held, except the voters to prepare
their ballots, or the poll clerks when called on by a voter to assist in the
preparation of his or her ballot, and no person, other than election
officers and voters engaged in receiving, preparing and depositing their
ballots, may be permitted to be within five feet of any ballot box, except by
authority of the board of election commissioners, and then only for the purpose
of keeping order and enforcing the law.
(d) Not more than
one person may be permitted to occupy any booth or compartment at one time. No
person may remain in or occupy a booth or compartment longer than may be
necessary to prepare his or her ballot, and in no event longer than five
minutes, except that any person who claims a disability pursuant to section
thirty-four of this article shall have additional time up to ten additional
minutes to prepare his or her ballot. No voter, or person offering to
vote, may hold any conversation or communication with any person other than the
poll clerks or commissioners of election, while in the election room.
(e) The
provisions of this section do not apply to persons rendering assistance to
blind voters as provided in section thirty-four of this article or to any child
fourteen years of age or younger who accompanies a parent, grandparent or legal
guardian who is voting. Any dispute concerning the age of a child accompanying
a parent, grandparent or legal guardian who is voting shall be determined by the
election commissioners.
ARTICLE
9. OFFENSES AND PENALTIES.
?3-9-9. Electioneering
defined; Other unlawful acts at polling places; exceptions;
penalties.
(a)
As used in this section, ?electioneering? means the displaying of signs or
other campaign paraphernalia, the distribution of campaign literature, cards,
or handbills, the soliciting of signatures to any petition, or the solicitation
of votes for or against any bona fide candidate or ballot question in a manner
which expressly advocates the election or defeat of the candidate or expressly
advocates the passage or defeat of the ballot question. ?Electioneering? does
not include exit polling, so long as persons conducting exit polling are not
otherwise engaging in electioneering activities described above, or bumper
stickers or signs affixed to a person's vehicle which is parked within or
passing through a distance of one hundred feet of the entrance to a polling
place while such person is voting or transporting any voter to the polls.
(b) No officer of election may
disclose to any person the name of any candidate for whom a voter has voted. No
officer of election may do any electioneering on election day.
(c) No person may do any
electioneering on election day within any polling place, or within three one
hundred feet of the outside entrance to the building housing the polling place.
No person may do any electioneering in the polling place or within one
hundred feet of the outside entrance of any polling place where early voting is
conducted during the period in which early voting is offered during the hours
while such early voting is actually taking place. Nothing in this subsection
shall prohibit a citizen from doing any electioneering upon his or her own
private property, regardless of distance from the polling place, so long as
that electioneering conforms to other existing laws and ordinances.
(d) No person may apply for or
receive any ballot in any polling place, other than that in which he the
person is entitled to vote, nor may any person examine a ballot which any
voter has prepared for voting, or solicit the voter to show the same, nor ask,
nor make any arrangement, directly or indirectly, with any voter, to vote an
open ballot. No person, except a commissioner of election, may receive from any
voter a ballot prepared by him or her for voting. No voter may receive a
ballot from any person other than one of the poll clerks; nor may any person
other than a poll clerk deliver a ballot to a commissioner of election to be
voted by such commissioner. No voter may deliver any ballot to a commissioner
of election to be voted, except the one he or she receives from the poll
clerk. No voter may place any mark upon his or her ballot, or suffer or
permit any other person to do so, by which it may be afterward identified as
the ballot voted by him or her.
(e) Whoever violates any provision of this section shall be
guilty of a misdemeanor and, on conviction thereof, shall be fined not less
than $100 nor more than $1,000, or confined in jail for not more than one year,
or both fined and confined.?
??????????? The
bill, as amended by the Senate, was then put upon its passage.
??????????? On the passage of the bill, the yeas
and nays were taken (Roll No. 455),
and there were--yeas 95, nays 3, absent and not voting 2, with the nays and
absent and not voting being as follows:
??????????? Nays: Baldwin, Eldridge and Rowe.
??????????? Absent and Not Voting: Folk and
Lane.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2364) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegates, to take effect from
passage, as follows:
??????????? H. B. 2446,
Relating to the requirement that all executive branch agencies maintain a
website that contains specific information.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate amendment:
??????????? On page one, section five, line two, after the word
?information?, by inserting a comma and the words ?if applicable?.
??????????? The bill, as amended by the Senate, was then put upon its
passage.
??????????? On the passage of the bill, the yeas and nays were taken (Roll No. 456), and there were--yeas
74, nays 24, absent and not voting 2, with the nays and absent and not voting
being as follows:
??????????? Nays: Baldwin, Bates, Boggs, Canestraro, Caputo, Diserio,
Eldridge, E. Evans, Fluharty, Hornbuckle, Iaquinta, Isner, Longstreth, Lynch,
Marcum, Miley, R. Miller, Moye, Pushkin, Robinson, Rowe, Sponaugle, Thompson
and Williams.
??????????? Absent and Not Voting: Folk and Lane.
??????????? So, a majority of the members elected to the House of Delegates
having voted in the affirmative, the Speaker declared the bill (H. B. 2446)
passed.
??????????? Delegate Cowles moved that the bill take effect from its
passage.
??????????? On this question, the yeas and nays were taken (Roll No. 457), and there were--yeas
84, nays 14, absent and not voting 2, with the nays and absent and not voting
being as follows:
??????????? Nays: Baldwin, Bates, Canestraro, E. Evans, Fluharty,
Hornbuckle, Iaquinta, Longstreth, Lynch, Marcum, Pushkin, Rowe, Sponaugle and
Williams.
??????????? Absent and Not Voting: Folk and Lane.
??????????? So, two thirds of the members elected to the House of
Delegates having voted in the affirmative, the Speaker declared the bill (H. B.
2446) takes effect from its passage.
??????????? Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with title amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2494, Providing that statewide school report cards are only to be made
available to custodial parents and guardians of students upon request.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate title amendment:
Com.
Sub. for H. B. 2494 ? ?A
Bill to amend and reenact ?18-2E-4 of the Code of West Virginia, 1931, as
amended, relating school, school district and statewide school report cards;
modifying state board duties pertaining to the report cards; modifying
information to be included in the school and school district report cards;
removing requirement for school report cards to mailed directly to the parents;
and requiring school and school district report cards be made easily accessible
on, or through a report card icon or link on, the county board website and provided
in paper form upon request of the parent, guardian or custodian.?
??????????? The bill, as amended by the Senate, was then put upon its
passage.
??????????? On this question the yeas and nays were taken (Roll No. 458), and there were--yeas
97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
??????????? Nays: Upson.
??????????? Absent and Not Voting: Folk and Lane.
??????????? So, a majority of the members present and voting having
voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B.
2494) passed.
??????????? Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? Com. Sub. for H.
B. 2503, Relating to the rulemaking authority for Board of Osteopathic
Medicine.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? Com. Sub. for H.
B. 2603, Relating to municipal policemen?s or firemen?s pension and relief
funds that are funded at one hundred and twenty-five percent or more.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2619, Risk Management and Own Risk and Solvency Assessment Act.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate amendments:
On
page one, by striking out everything after the enacting clause and inserting in
lieu thereof the following:
?That
the Code of West Virginia, 1931, as amended, be amended by adding thereto a new
article, designated 33-40B-1, ?33-40B-2, ?33-40B-3, ?33-40B-4, ?33-40B-5,
?33-40B-6, ?33-40B-7, ?33-40B-8, ?33-40B-9, ?33-40B-10 and ?33-40B-11, all to
read as follows:
ARTICLE
40B. RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT ACT.
?33-40B-1. Purpose and
Scope.
(a)
The purpose of this article is to provide requirements for maintaining a risk
management framework and completing an own risk and solvency assessment (ORSA)
and provide guidance and instructions for filing an ORSA summary report with
the Insurance Commissioner of this state.
(b)
The requirements of this article apply to all insurers domiciled in this state
unless exempt pursuant to section six of this article.
(c)
The Legislature finds and declares that the ORSA summary report shall contain
confidential and sensitive information related to an insurer or insurance
group?s identification of risks material and relevant to the insurer or
insurance group filing the report. This information shall include proprietary
and trade secret information that has the potential for harm and competitive
disadvantage to the insurer or insurance group if the information is made
public. It is the intent of this Legislature that the ORSA summary report shall
be a confidential document filed with the commissioner, that the ORSA summary
report may be shared only as stated herein and to assist the commissioner in
the performance of his or her duties, and that in no event shall the ORSA
summary report be subject to public disclosure.
?33-40B-2. Definitions.
(a)
?Commissioner? means the Insurance Commissioner of the State of West Virginia,
his or her deputies or the insurance department, as appropriate.
(b)
?Insurance group? means, for the purpose of conducting an ORSA, those insurers
and affiliates included within an insurance holding company system as defined
in article twenty-seven of this chapter.
(c)
?Insurer? has the same meaning as set forth in section two, article one of this
chapter, except that it does not include agencies, authorities or
instrumentalities of the United States, its possessions and territories, the
Commonwealth of Puerto Rico, the District of Columbia or a state or political
subdivision of a state.
(d)
?NAIC? means the National Association of Insurance Commissioners.
(e)
?Own risk and solvency assessment? or ?ORSA? means a confidential internal
assessment, appropriate to the nature, scale and complexity of an insurer or
insurance group, conducted by that insurer or insurance group of the material
and relevant risks associated with the insurer or insurance group?s current
business plan and the sufficiency of capital resources to support those risks.
(f)
?ORSA Guidance Manual? means the Own Risk and Solvency Assessment Guidance
Manual developed and adopted by the NAIC and as amended from time to time. A
change in the ORSA Guidance Manual shall be effective on the January 1
following the calendar year in which the changes have been adopted by the NAIC.
(g)
?ORSA summary report? means a confidential high-level summary of an insurer or
insurance group?s ORSA.
?33-40B-3. Risk Management
Framework.
An
insurer shall maintain a risk management framework to assist the insurer with
identifying, assessing, monitoring, managing and reporting on its material and
relevant risks. This requirement may be satisfied if the insurance group of
which the insurer is a member maintains a risk management framework applicable
to the operations of the insurer.
?33-40B-4. ORSA
Requirement.
Subject
to section six of this article, an insurer, or the insurance group of which the
insurer is a member, shall regularly conduct an ORSA consistent with a process
comparable to the ORSA Guidance Manual. The ORSA shall be conducted no less
than annually but also at any time when there are significant changes to the
risk profile of the insurer or the insurance group of which the insurer is a
member.
?33-40B-5. ORSA Summary
Report.
(a)
Upon the commissioner?s request, and no more than once each year, an insurer
shall submit to the commissioner an ORSA summary report or any combination of
reports that together contain the information described in the ORSA Guidance
Manual, applicable to the insurer and/or, the insurance group of which it is a
member. Notwithstanding any request from the commissioner, if the insurer is a
member of an insurance group, the insurer shall submit the report(s) required
by this subsection if the commissioner is the lead state commissioner of the
insurance group as determined by the procedures within the Financial Analysis
Handbook adopted by the NAIC.
(b)
The report(s) shall include a signature of the insurer or insurance group?s
chief risk officer or other executive having responsibility for the oversight
of the insurer?s enterprise risk management process attesting to the best of
his or her belief and knowledge that the insurer applies the enterprise risk management
process described in the ORSA summary report and that a copy of the report has
been provided to the insurer?s board of directors or the appropriate committee
thereof.
(c)
An insurer may comply with subsection (a) of this section by providing the most
recent and substantially similar report(s) provided by the insurer or another
member of an insurance group of which the insurer is a member to the
commissioner of another state or to a supervisor or regulator of a foreign
jurisdiction, if that report provides information that is comparable to the
information described in the ORSA Guidance Manual. Any report in a language
other than English must be accompanied by a translation of that report into the
English language.
?33-40B-6. Exemption.
(a)
An insurer is exempt from the requirements of this article, if
(1)
The insurer has annual direct written and unaffiliated assumed premium,
including international direct and assumed premium but excluding premiums
reinsured with the Federal Crop Insurance Corporation and Federal Flood
Program, less than $500 million; and
(2)
The insurance group of which the insurer is a member has annual direct written
and unaffiliated assumed premium including international direct and assumed
premium, but excluding premiums reinsured with the Federal Crop Insurance
Corporation and Federal Flood Program, less than $1 billion.
(b)
If an insurer qualifies for exemption pursuant to subdivision (1), subsection
(a) of this section, but the insurance group of which the insurer is a member
does not qualify for exemption pursuant to subdivision (2), subsection (a) of
this section, then the ORSA summary report that may be required pursuant to
section five shall include every insurer within the insurance group. This
requirement may be satisfied by the submission of more than one ORSA summary
report for any combination of insurers provided any combination of reports
includes every insurer within the insurance group.
(c)
If an insurer does not qualify for exemption pursuant to subdivision (1), subsection
(a) of this section, but the insurance group of which it is a member qualifies
for exemption pursuant to subdivision (2), subsection (a) of this section, then
the only ORSA summary report that may be required pursuant section five of this
article is the report applicable to that insurer.
(d)
An insurer that does not qualify for exemption pursuant to subsection (a) of
this section may apply to the commissioner for a waiver from the requirements
of this article based upon unique circumstances. In deciding whether to grant
the insurer?s request for waiver, the commissioner may consider the type and
volume of business written, ownership and organizational structure, and any
other factor the commissioner considers relevant to the insurer or insurance
group of which the insurer is a member. If the insurer is part of an insurance
group with insurers domiciled in more than one state, the commissioner shall
coordinate with the lead state commissioner and with the other domiciliary
commissioners in considering whether to grant the insurer?s request for a
waiver.
(e)
Notwithstanding the exemptions stated in this section:
(1)
The commissioner may require that an insurer maintain a risk management
framework, conduct an ORSA and file an ORSA summary report based on unique
circumstances including, but not limited to, the type and volume of business
written, ownership and organizational structure, federal agency requests, and
international supervisor requests; and
(2)
The commissioner may require that an insurer maintain a risk management
framework, conduct an ORSA and file an ORSA summary report if the insurer has
risk-based capital for company action level event as set forth in section
three, article forty of this chapter, meets one or more of the standards of an
insurer considered to be in hazardous financial condition as defined in section
three-a, article thirty-four of this chapter, or otherwise exhibits qualities
of a troubled insurer as determined by the commissioner.
(f)
If an insurer that qualifies for an exemption pursuant to subsection (a) of
this section subsequently no longer qualifies for that exemption due to changes
in premium as reflected in the insurer?s most recent annual statement or in the
most recent annual statements of the insurers within the insurance group of
which the insurer is a member, the insurer has one year following the year the
threshold is exceeded to comply with the requirements of this article.
?33-40B-7. Contents of ORSA
Summary Report.
(a)
The ORSA summary report shall be prepared consistent with the ORSA Guidance
Manual, subject to the requirements of subsection (b) of this section.
Documentation and supporting information shall be maintained and made available
upon examination or upon request of the commissioner.
(b)
The review of the ORSA summary report, and any additional requests for
information, shall be made using similar procedures currently used in the
analysis and examination of multistate or global insurers and insurance groups.
?33-40B-8. Confidentiality.
(a)
Documents, materials or other information, including the ORSA summary report,
in the possession of or control of the Insurance Commissioner that are obtained
by, created by or disclosed to the commissioner or any other person under this
article, is recognized by this state as being proprietary and to contain trade
secrets. All such documents, materials or other information shall be
confidential by law and privileged, shall not be subject to article one,
chapter twenty-nine-b of this code, shall not be subject to subpoena and shall
not be subject to discovery or admissible in evidence in any private civil
action. However, the commissioner may use the documents, materials or other
information in the furtherance of any regulatory or legal action brought as a
part of the commissioner?s official duties. The commissioner shall not
otherwise make the documents, materials or other information public without the
prior written consent of the insurer.
(b)
Neither the commissioner nor any person who received documents, materials or other
ORSA-related information, through examination or otherwise, while acting under
the authority of the commissioner or with whom the documents, materials or
other information are shared pursuant to this article shall be permitted or
required to testify in any private civil action concerning any confidential
documents, materials, or information subject to subsection (a) of this section.
(c)
In order to assist in the performance of the commissioner?s regulatory duties,
the commissioner:
(1)
May, upon request, share documents, materials or other ORSA-related
information, including the confidential and privileged documents, materials or
information subject to subsection (a) of this section, including proprietary
and trade secret documents and materials with other state, federal and
international financial regulatory agencies, including members of any
supervisory college as defined in section six-a, article twenty-seven of this
chapter, with the NAIC and with any third-party consultants designated by the
commissioner: Provided, That the
recipient agrees in writing to maintain the confidentiality and privileged
status of the ORSA-related documents, materials or other information and has
verified in writing the legal authority to maintain confidentiality;
(2)
May receive documents, materials or other ORSA-related information, including
otherwise confidential and privileged documents, materials or information,
including proprietary and trade-secret information or documents, from
regulatory officials of other foreign or domestic jurisdictions, including
members of any supervisory college as defined in section six-a, article
twenty-seven of this chapter, and from the NAIC, and shall maintain as
confidential or privileged any documents, materials or information received with
notice or the understanding that it is confidential or privileged under the
laws of the jurisdiction that is the source of the document, material or
information;
(3)
Shall enter into a written agreement with the NAIC or a third-party consultant
governing sharing and use of information provided pursuant to this article,
consistent with this subsection that shall:
(A)
Specify procedures and protocols regarding the confidentiality and security of
information shared with the NAIC or a third-party consultant pursuant to this
article, including procedures and protocols for sharing by the NAIC with other
state regulators from states in which the insurance group has domiciled
insurers. The agreement shall provide that the recipient agrees in writing to
maintain the confidentiality and privileged status of the ORSA-related
documents, materials or other information and has verified in writing the legal
authority to maintain confidentiality;
(B)
Specify that ownership of information shared with the NAIC or a third-party
consultant pursuant to this article remains with the commissioner and the
NAIC?s or a third-party consultant?s use of the information is subject to the
direction of the commissioner;
(C)
Prohibit the NAIC or third-party consultant from storing the information shared
pursuant to this article in a permanent database after the underlying analysis
is completed;
(D)
Require prompt notice to be given to an insurer whose confidential information
in the possession of the NAIC or a third-party consultant pursuant to this
article is subject to a request or subpoena to the NAIC or a third-party
consultant for disclosure or production;
(E)
Require the NAIC or a third-party consultant to consent to intervention by an
insurer in any judicial or administrative action in which the NAIC or a
third-party consultant may be required to disclose confidential information
about the insurer shared with the NAIC or a third-party consultant pursuant to
this article; and
(F)
If there is an agreement involving a third-party consultant, provide for the
insurer?s written consent.
(d)
The sharing of information and documents by the commissioner pursuant to this
article shall not constitute a delegation of regulatory authority or
rulemaking, and the commissioner is solely responsible for the administration,
execution and enforcement of the provisions of this article.
(e)
No waiver of any applicable privilege or claim of confidentiality in the
documents, proprietary and trade-secret materials or other ORSA-related
information shall occur as a result of disclosure of such ORSA-related
information or documents to the commissioner under this section or as a result
of sharing as authorized in this article.
(f)
Documents, materials or other information in the possession or control of the
NAIC or a third-party consultant pursuant to this article shall be confidential
by law and privileged, shall not be subject to article one, chapter
twenty-nine-b of this code, shall not be subject to subpoena and shall not be
subject to discovery or admissible in evidence in any private civil action.
?33-40B-9. Sanctions.
Any
insurer failing, without just cause, to timely file the ORSA summary report as
required in this article shall, after notice and hearing, pay a penalty of
$2,500 for each day?s delay, to be recovered by the commissioner and the
penalty so recovered shall be paid into the General Revenue Fund of this state.
The maximum penalty under this section is $75,000. The commissioner may reduce
the penalty if the insurer demonstrates to the commissioner that the imposition
of the penalty would constitute a financial hardship to the insurer.
?33-40B-10. Severability.
The provisions
of this article are severable and accordingly, if any part of this article is
adjudged to be unconstitutional or invalid, that determination does not affect
the continuing validity of the remaining provisions of this article.
?33-40B-11. Effective Date.
The
requirements of this article shall become effective on January 1, 2018. The
first filing of the ORSA summary report shall be in 2018 pursuant to section
five of this article.
And,
By
amending the title of the bill to read as follows:
Com. Sub. for H. B. 2619 ? ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated ?33-40B-1,
?33-40B-2, ?33-40B-3, ?33-40B-4, ?33-40B-5, ?33-40B-6, ?33-40B-7, ?33-40B-8,
?33-40B-9, ?33-40B-10 and ?33-40B-11, all relating to insurer risk management
and solvency assessment; setting forth the purpose and scope of the article;
defining terms; setting forth the requirement that insurers must maintain a
risk management framework to assist the insurer with identifying, assessing,
monitoring, managing and reporting on its material and relevant risks; setting
forth and providing requirements for the own risk and assessment summary
report; providing exemptions to the summary report requirements; providing
confidentiality requirements related to the summary report; providing sanctions
for failing to submit the summary report; providing for severability; and
providing the effective date of this article.?
??????????? The
bill, as amended by the Senate, was then put upon its passage.
??????????? On the passage of the bill, the yeas
and nays were taken (Roll No. 459),
and there were--yeas 98, nays none, absent and not voting 2, with the absent
and not voting being as follows:
??????????? Absent and Not Voting: Folk and
Lane.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2619) passed.
??????????? Delegate
Cowles moved that the bill take effect January 1, 2018.
??????????? On this question, the yeas and nays
were taken (Roll No. 460), 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: Folk and
Lane.
??????????? 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. 2619) takes effect January 1, 2018.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates and request concurrence.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? H. B. 2691,
Allowing a person who is qualified by training to be a barber and a
cosmetologist to elect to practice solely as a barber.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? Com. Sub. for H.
B. 2709, Authorizing the City of South Charleston to levy a special
district excise tax.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? Com. Sub. for H.
B. 2792, Requiring the Library Commission to survey the libraries of the
state.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? Com. Sub. for H.
B. 2797, Codifying statutory immunity for government agencies and officials
from actions of third-parties using documents or records.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? H. B. 2833,
Specifying the contents and categories of information for inclusion in annual
reports.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2839, Updating the procedures for legislative review of departments and
licensing boards.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? Com. Sub. for H.
B. 2941, Requiring the Commissioner of the Division of Highways to utilize
the Attorney General for all legal assistance and services.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with a title amendment, a bill of the House of Delegates, as follows:
??????????? Com. Sub. for H.
B. 2961, Relating generally to charitable bingo games and charitable
raffles.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate title amendment:
Com. Sub. for H. B. 2961 ? ?A Bill to amend and reenact ?6-3-1a of the
Code of West Virginia, 1931, as amended; to amend said code by adding thereto
four new sections, designated ?5-3-6, ?7-15-19, ?8-15-28 and ?16-4C-24, all
relating to authorizing certain first responders to carry handguns; authorizing
the Attorney General to authorize investigators employed by the Office of the
Attorney General to carry handguns while engaged in their official duties;
specifying the training required for them to be eligible to carry a handgun;
authorizing sheriffs to authorize reserve deputy sheriffs, and supervising
entities to authorize ambulance crew members, firefighters, rescue squad
members and emergency service personnel to carry handguns while engaged in
their official duties; specifying the training required for them to be eligible
to carry a handgun; and allowing reimbursement for the cost of the training.?
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 461), and there were--yeas 93, nays 4, absent and not voting 3, with
the nays and absent and not voting being as follows:
??????????? Nays: Speaker Armstead, Eldridge,
Marcum and Sobonya.
??????????? Absent and Not Voting: Folk, G.
Foster and Lane.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for H. B. 2961) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, with amendment, a bill of the House of Delegates, as follows:
??????????? H. B. 3037,
Removing the Division of Energy as an independent agency.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate amendments:
On
page one, by striking out everything after the enacting section and inserting
in lieu thereof the following:
CHAPTER 5B. ECONOMIC
DEVELOPMENT ACT OF 1985.
ARTICLE
2F. DIVISION office OF ENERGY.
?5B-2F-2.
Purpose; office of Director for Energy Development; director to be member of
Public Energy Authority; division Office of Energy; office to
develop energy policy and development plan; contents of energy policy and
development plan; and division office to promote energy
initiatives.
(a)
Effective July 1, 2007 2017, the Division of Energy is created
as a state agency under the Department of Commerce. hereby continued,
but shall be designated and known as the Office of Energy, and shall be
organized within the Development Office of the Department of Commerce. All
references throughout this code to the Division of Energy shall be construed to
refer to the Office of Energy. The division office may
receive federal funds. The division shall be administered by a director, who
shall be appointed by the Governor, by and with the advice and consent of the
Senate, and shall continue to serve until his or her successor is appointed and
qualified as provided. The director shall be selected with special preference
and consideration given to his or her training, experience, capacity and
interest in energy policy and development activities.
(b)
Creation of the division The office is intended to provide
leadership for developing energy policies emphasizing the increased efficiency
of energy use, the increased development and production of new and existing
domestic energy sources, the increased awareness of energy use on the
environment and the economy, dependable, efficient and economical statewide
energy systems capable of supporting the needs of the state, increased energy
self-sufficiency where the ratio of indigenous to imported energy use is
increased, reduce the ratio energy consumption to economic activity and
maintain low-cost energy. The energy policies and development plans shall also
provide direction for the private sector.
(c)
The director shall administer the daily operations of the Public Energy Authority
provided under the provisions of chapter five-d of this code. The director
shall also have authority over the Office of Coalfield Community Development,
created by the provisions of article two-a of this chapter, and The
office shall have authority over the energy efficiency program existing
under the West Virginia Development Office. which are hereby
transferred to the division. The director shall effectuate coordination of
these entities relative to the purposes provided in this article.
(d)
The division office shall develop an energy policy and shall
report the same back to the Governor and the Joint Committee on Government and
Finance before December 1, 2007. The energy policy shall be a five-year plan
setting forth the state's energy policies and shall provide a direction for the
private sector. Prior to the expiration of the energy policy, the division
office shall begin review of the policy and submit a revised energy
policy to the Governor and the Joint Committee on Government and Finance six
months before the expiration of the policy.
(e)
The director shall be a member of the Public Energy Authority and as such shall
attend and participate in all official meetings and public hearings conducted
under the auspices of the authority.
(f)
(e) The division office shall prepare and submit an annual
energy development plan to the Governor and the Joint Committee on Government
and Finance on or before December 1 of each year. The development plan shall
relate to the division?s office?s implementation of the energy
policy and the activities of the division office during the
previous year. The development plan shall include any recommended legislation.
The Public Energy Authority, the Office of Coalfield Community Development, the
energy efficiency program, the Department of Environmental Protection and the
Public Service Commission, in addition to their other duties prescribed by this
code, shall assist the division and the director office in the
development of an energy policy and related development plans. The energy
development plan shall set forth the plans for implementing the state's energy
policy and shall provide a direction for the private sector. The energy
development plan shall recognize the powers of the Public Energy Authority as
to development and financing of projects under its jurisdiction and shall make
such recommendations as are reasonable and practicable for the exercise of such
powers.
(g) (f) The division
office shall hold public hearings and meetings with notice to receive
public input regarding proposed energy policies and development plans. The
energy policy and development plans required by subsections (d) and (f) (e)
of this section shall address increased efficiency of energy use, traditional
and alternative energy, water as a resource and a component of energy
production, energy distribution systems, the siting of energy facilities, the
increased development and production of new and existing domestic energy
sources, increased awareness of energy use on the environment and the economy,
energy infrastructure, the development and implementation of renewable, clean,
technically innovative and advanced energy projects in this state. Projects may
include, without limitation, solar and wind energy, low-impact hydro power,
geothermal, biomass, landfill gas, fuel cells, renewable hydrogen fuel
technologies, waste coal, coal mine methane, coal gasification to ultraclean
fuels, solid waste to fuel grade ethanol and coal liquefaction technologies.
(h) (g) The division
office may propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code designed to
implement an energy policy and development plan in accordance with the
provisions of this chapter.
(i) (h) The energy
policy and development plans required by subsections (d) and (f) (e)
of this section shall identify and report on the energy infrastructure in this
state and include without limitation energy infrastructure related to
protecting the state's essential data, information systems and critical
government services in times of emergency, inoperativeness or disaster. In
consultation with the Director of the Division of Homeland Security and
Emergency Management, the director of the division office shall
encourage the development of energy infrastructure and strategic resources that
will ensure the continuity of governmental operations in situations of
emergency, inoperativeness or disaster.
(j) (i) In preparing or
revising the energy policy and development plan, the division office
may rely upon internal staff reports or the advice of outside advisors or
consultants and may procure such services with the consent of the Secretary of
Commerce. The division office may also involve national, state
and local government leadership and energy experts.
(k) (j) The division
office shall prepare an energy use database, including without
limitation, end-use applications and infrastructure needs for different classes
of energy users including residential, commercial and industrial users, data
regarding the interdependencies and sources of electricity, oil, coal, water
and gas infrastructure, data regarding energy use of schools and state-owned
facilities and collect data on the impact of the energy policy and development
plan on the decisions and strategies of energy users of the state.
(l) (k) The division
office shall promote collaboration between the state's universities and
colleges, private industry and nonprofit organizations to encourage energy
research and leverage available federal energy research and development
resources.
(m) (l) The division
office shall promote initiatives to enhance the nation's energy security
through research and development directed at transforming the state's energy
resources into the resources that fuel the nation.
(n)
The Performance Evaluation and Research Division of the Legislative Auditor's
office shall perform an agency review of the Division of Energy in 2010 as part
of its review of the Department of Commerce as set forth in article four,
chapter ten of this code.
(o) (m) The division
office shall work with the President of the United States and his or her
administration to develop a plan that would allow West Virginia to become the
leader in transitioning the United States to a new energy future.
(p) (n) The division
office is to determine the best way for West Virginia to utilize its
resources and any federal funding to develop the technologies that are
necessary for such a transition.
(q) (o) The division
office is to clearly articulate West Virginia's position on an energy solution
for the United States that encompasses clean coal, natural gas, transtech
energy technologies and renewable energy technologies.
(r) (p) The division
office shall develop and distribute an informational program and
policies that emphasize the importance of West Virginia energy resources and
their positive impact on the eastern seaboard and the nation.
(s) (q) The division
office shall monitor legal challenges to the energy industries in the
state and submit a report quarterly to the Joint Committee on Government and
Finance. The report shall contain information relating to any litigation that
challenges any statute that could affect the production, distribution and
utilization of natural resources of the state.
CHAPTER
5D. PUBLIC ENERGY AUTHORITY ACT.
ARTICLE
1. PUBLIC ENERGY AUTHORITY OF THE STATE OF WEST VIRGINIA.
?5D-1-4.
West Virginia Public Energy Authority continued; West Virginia Public Energy
Board continued; organization of authority and board; appointment of board
members; term, compensation and expenses; director of authority; appointment.
(a)
The West Virginia Public Energy Authority is continued. The authority is a
governmental instrumentality of the state and a body corporate. The exercise by
the authority of the powers conferred by this article and the carrying out of
its purposes and duties are essential governmental functions and for a public
purpose.
(b)
The authority shall be controlled, managed and operated by a seven-member board
known as the West Virginia Public Energy Authority Board, which is continued.
The seven members include the Director of the Division of Energy Secretary
of the Department of Commerce or designee; the Secretary of the Department
of Environmental Protection or designee; the Director of the Economic
Development Authority or designee; and four members representing the general
public. The public members are appointed by the Governor, by and with the
advice and consent of the Senate, for terms of one, two, three and four years,
respectively.
(c)
On June 30, 2007, the terms of all appointed members shall expire. Not later
than July 1, 2007, the Governor shall appoint the public members required in
subsection (b) of this section to assume the duties of the office immediately,
pending the advice and consent of the Senate.
(d)
The successor of each appointed member is appointed for a four-year term. A
vacancy is filled by appointment by the Governor in the same manner as the
original appointment. A member appointed to fill a vacancy serves for the
remainder of the unexpired term. Each board member serves until a successor is
appointed.
(e)
No more than three of the public members may at any one time belong to the same
political party. No more than two public members may be employed by or
associated with any industry the authority is empowered to affect. One member shall
be a person with significant experience in the advocacy of environmental
protection. Board members may be reappointed to serve additional terms.
(f)
All members of the board shall be citizens of the state. Before engaging in
their duties, each member of the board shall comply with the requirements of
article one, chapter six of this code and give bond in the sum of $25,000 in
the manner provided in article two of said chapter. The Governor may remove any
board member as provided in section four, article six of said chapter.
(g)
The Director of the Division of Energy shall serve Secretary of the
Department of Commerce or his or her designee shall serve as chair. The
board annually elects one of its members as vice chair and appoints a
secretary-treasurer who need not be a member of the board.
(h)
Four members of the board constitute a quorum and the affirmative vote of the
majority of members present at any meeting is necessary for any action taken by
vote of the board. A vacancy in the membership of the board does not impair the
rights of a quorum by such vote to exercise all the rights and perform all the
duties of the board and the authority.
(i)
The person appointed as secretary-treasurer, including a board member if so
appointed, shall give bond in the sum of $50,000 in the manner provided in
article two, chapter six of this code.
(j)
Each public member shall be reimbursed for reasonable expenses incurred in the
discharge of official duties. All expenses incurred by the board shall be paid
in a manner consistent with guidelines of the Travel Management Office of the
Department of Administration and are payable solely from funds of the authority
or from funds appropriated for such purpose by the Legislature. Liability or
obligation is not incurred by the authority beyond the extent to which moneys
are available from funds of the authority or from such appropriations.
(k)
In addition to such other duties and responsibilities as may be prescribed in
this code, the Director of the Division Office of Energy is
responsible for managing and administering the daily functions of the authority
and for performing all other functions necessary to the effective operation of
the authority.?
And,
By
amending the title of the bill to read as follows:
H. B. 3037 ? ?A Bill to amend and reenact ?5B-2F-2
of the Code of West Virginia, 1931, as amended; and to amend and reenact
?5D-1-4 of said code, all relating to the Division of Energy generally;
providing that the division be continued, but shall be designated and known as
the Office of Energy, and shall be organized within the Development Office of
the Department of Commerce; modifying requirements and duties; modifying composition
of the West Virginia Public Energy Authority Board; and designating the
Secretary of Commerce or his or her designee as the chair of the West Virginia
Public Energy Authority Board.?
??????????? The
bill, as amended by the Senate, was then put upon its passage.
??????????? On the passage of the bill, the yeas
and nays were taken (Roll No. 462),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and
absent and not voting being as follows:
??????????? Nays: Eldridge.
??????????? Absent and Not Voting: Folk and
Lane.
??????????? So, a majority of the members
elected to the House of Delegates having voted in the affirmative, the Speaker
declared the bill (H. B. 3037) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced that the Senate had
passed, without amendment, a bill of the House of Delegates as follows:
??????????? H. B. 3053,
Relating to motor vehicle lighting.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced the adoption by the
Senate, without amendment, of a concurrent resolution of the House of Delegates
as follows:
??????????? H. C. R. 15, Requesting Congress to fully support
the National Park Service?s recommendations to extend the Lewis and Clark
National Historic Trail to include additional sites along the Expedition?s
Eastern Legacy.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced concurrence in the
House of Delegates amendment, with a title amendment, and the passage, as
amended, of
??????????? Com. Sub. for S.
B. 4, Allowing licensed professionals donate time to care of indigent and
needy in clinical setting.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate title amendment:
??????????????? Com.
Sub. for S. B. 4 ? ?A
Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a
new section, designated ?30-1-21; to amend and reenact ?30-3-10a of the Code of
West Virginia, 1931, as amended; to amend and reenact ?30-3E-14; to amend and
reenact ?30-4-15 of said code; to amend and reenact ?30-5-17 of said code; to
amend and reenact ?30-7-6a of said code; to amend said code by adding thereto a
new section, designated ?30-7-6b; to amend said code by adding thereto a new
section, designated ?30-7A-6a; to amend and reenact ?30-8-16 of said code; to
amend and reenact ?30-14-12b of said code; to amend said code by adding thereto
a new section, designated ?30-16-7a; to amend and reenact ?30-20-13 of said
code; to amend and reenact ?30-21-17 of said code; and to amend and reenact
?30-28-8a of said code, all relating to allowing professionals to donate time
to the care of indigent and needy; permitting persons who hold an unrestricted
license, certificate, registration or permit granted by another state or
jurisdiction to serve as a volunteer without compensation for a charitable
function for a period not to exceed ten days; permitting specific professionals
who are actively practicing and whose license is in good standing to donate
their expertise for the care and treatment of indigent and needy patients under
an arrangement with a clinic organized, in whole or in part, for the delivery
of health care services without charge to the patient and providing that such
services may be performed in either the professional?s office or in the
clinical setting; and providing for special volunteer license for advance
practice registered nurses, licensed practical nurses and chiropractors.?
??????????? The question being on the passage of
the bill, the yeas and nays were taken (Roll
No. 463), and there were--yeas 98, nays none, absent and not voting 2, with
the absent and not voting being as follows:
??????????? Absent and Not Voting: Folk and
Lane.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 4) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced concurrence in the
House of Delegates amendment, with amendment, and the passage, as amended, of
??????????? Com. Sub. for S.
B. 386, Creating WV Medical Cannabis Act.
??????????? On motion of Delegate Cowles, the House of Delegates
concurred in the following Senate amendment:
On
page five, section one, subsection (a), subdivision (32), by striking out the
word ?A? and inserting in lieu thereof the words ?means a?.
On
page twenty-three, section three, subsection (d), subdivision (5), by striking
out the word ?Bureau? and inserting in lieu thereof the word ?departments?.
On
page forty-one, section two, by striking out the words ?promulgate rules? and
inserting in lieu thereof the words ?propose rules for legislative promulgation
pursuant to the provisions of article three, chapter twenty-nine-a of this code?.
On
page fifty-three, section two, by striking out all of subsections (a) and (b)
and inserting in lieu thereof the following:
(a)
Financial interests-- A public
official, or an immediate family member thereof, shall not intentionally or
knowingly hold a financial interest in a medical cannabis organization or in a
holding company, affiliate, intermediary or subsidiary thereof, while the
individual is a public official and for one year following termination of the
individual's status as a public official.
?(b) Employment--No
public official, or an immediate family member thereof, shall be employed by a
medical cannabis organization or by any holding company, affiliate,
intermediary or subsidiary thereof, while the individual is a public official
and for one year following termination of the individual's status as a public
official.
?(c) For purposes of this section, ?public
official? and ?immediate family? shall have the same definitions as those
phrases are defined in section three, article one, chapter six-b of this code.
On
page fifty-four, section five, by striking out the word ?Bureau? and inserting
in lieu thereof the word ?Department?.
On
page fifty-five, section six, subdivision (1), by striking out the words
?Bureau of Human Services? and inserting in lieu thereof the words ?Department
of Health and Human Resources?.
And,
On
page fifty-five, section six, subdivision (2), by striking out the words
?Bureau of Human Services? and inserting in lieu thereof the words ?Department
of Health and Human Resources?.
??????????? And,
??????????? By amending the title of the bill to read as follows:
Com. Sub. for S. B. 386 ? ?A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated
?16-8A-1, ?16-8A-2, ?16-8A-3, ?16-8A-4, ?16-8A-5, ?16-8A-6, ?16-8A-7, ?16-8A-8,
?16-8A-9, ?16-8A-10, ?16-8A-11, ?16-8A-12, ?16-8A-13, ?16-8A-14, ?16-8A-15,
?16-8A-16, and ?16-8A-17, all relating to creating the West Virginia Medical
Cannabis Act; defining terms; creating the West Virginia Medical Cannabis
Commission; setting forth members of the West Virginia Medical Cannabis
Commission; setting forth responsibilities for the West Virginia Medical
Cannabis Commission; creating a special revenue account known as the West
Virginia Medical Cannabis Commission Fund; requiring a portion of any profit to
be spend for specific programs; detailing the fund?s revenue sources and
disbursements; detailing requirements of the commission to implement the provisions
of the act; setting requirements for becoming a certifying physician;
authorizing the commission to approve physician applications for certain
medical conditions; requiring reporting to the Controlled Substances monitoring
database; setting out conditions for which cannabis may be used; requiring
certain annual reports to the Governor and Legislature; authorizing the
commission to license medical cannabis growers and grower agents that meet
certain requirements; setting forth certain parameters for licensed growers and
grower agents; requiring a certain percentage of licenses be granted to persons
in veterans agriculture programs; providing an exception for a qualifying
patient to grow a specified amount without a license; authorizing the
commission to license dispensaries and register dispensary agents; setting
forth certain requirements for dispensaries and dispensary agents setting an
initial limit on number of medical cannabis growers and dispensaries;
authorizing commission to license the number of growers and dispensaries
sufficient to meet demand as of July 1, 2020; authorizing the commission to
license medical cannabis processors and register processor agents; authorizing
testing laboratories; stating requirements for the commission?s registration of
independent laboratories; requiring the State Police and commission to enter a
memorandum of understanding for criminal records checks and setting forth basic
requirements; providing that certain persons licensed, registered and
authorized under the act may not be subject to arrest, prosecution or any civil
or administrative penalty, including a civil penalty or disciplinary action by
a professional licensing board, or be denied any right or privilege, for the
medical use of cannabis; creating a new criminal offense of distributing,
possessing, manufacturing or using cannabis that has been diverted from an
authorized medicinal use; specifically stating conduct related to cannabis that
is not protected by the provisions of the act; authorizing state employees to
recover certain counsel fees; empowering the Governor to suspend implementation
of the act if the Governor determines certain federal action may occur;
authorizing promulgation of emergency rules and the proposal of legislative
rules for approval by the Legislature; and establishing effective dates.?
??????????? The
question being on the passage of the bill, the yeas and nays were taken (Roll No. 464), and there were--yeas
74, nays 24, absent and not voting 2, with the nays and absent and not voting
being as follows:
??????????? Nays: Speaker Armstead, Arvon,
Butler, Cooper, Criss, Deem, A. Evans, Fast, G. Foster, N. Foster, Frich,
Gearheart, Hollen, Kessinger, Lewis, Martin, O'Neal, Rohrbach, C. Romine, R.
Romine, Rowan, Sobonya, Summers and Sypolt.
??????????? Absent and Not Voting: Folk and
Lane.
??????????? So, a majority of the members
present and voting having voted in the affirmative, the Speaker declared the
bill (Com. Sub. for S. B. 386) passed.
??????????? Ordered,
That the Clerk of the House communicate to the Senate the action of the House
of Delegates.
??????????? A message from the Senate, by
??????????? The Clerk of the Senate, announced concurrence in the
amendment of the House of Delegates and the passage, as amended, of
??????????? S. B. 493,
Providing increase in compensation for conservation officers.
??????????? Com. Sub. for H.
B. 2948, Establishing timelines for taking final action on certain permits,
still being in possession of the Clerk, was taken up for further consideration.
??????????? On motion of Delegate Shott, the title of the bill was
amended to read as follows:
Com. Sub. for H. B. 2948 ? ?A Bill to amend and reenact
?17C-17A-7 of the Code of West Virginia, 1931, as amended; to amend and reenact
?19-1A-3a of said code; to amend and reenact ?19-2A-4 of said code; to amend
and reenact ?19-9A-3 of said code; to amend and reenact ?19-12D-7 of said code;
to amend and reenact ?19-15-2 of said code; to amend and reenact ?19-34-6 of
said code; to amend and reenact ?19-35-3 of said code; to amend and reenact
?20-3-5 of said code; to amend and reenact ?20-7A-5 of said code; to amend and
reenact ?21-10-7 of said code; to amend and reenact ?21-12-7 of said code; to
amend and reenact ?21-15-10 of said code; to amend and reenact ?24A-3-3 of said
code; to amend and reenact ?29-3-12 of said code; to amend and reenact ?29-29-4
of said code; to amend and reenact ?47-1A-10 of said code, all relating
generally to the issuance of permits; establishing timelines for taking final
action on certain permits; modifying procedures for the issuance of permits by
the Public Service Commission for activities related to the commercial
transportation of coal; modifying procedures for the issuance of permits by the
Division of Forestry for activities related to growing or dealing ginseng;
modifying procedures for the issuance of permits by the Commissioner of Agriculture
to operate a public market; modifying procedures for the issuance of permits by
the Commissioner of Agriculture to feed garbage to swine; modifying procedures
for the issuance of permits by the Commissioner of Agriculture for activities
related to noxious weeds; modifying procedures for the issuance of permits by
the Commissioner of Agriculture for activities related to the manufacture or
distribution of fertilizer; modifying procedures for the issuance of permits by
the Dangerous Wild Animals Board; modifying procedures for the issuance of
uniform farmers market vendor permits by local health departments; modifying
procedures for the issuance of burning permits by the Director of the Division
of Forestry; modifying procedures for the issuance of permits by the Director
of the Division of Natural Resources for the excavation or removal of
archaeological, paleontological, prehistoric and historic features; modifying
procedures for the issuance of permits by the Division of Labor to operate an
amusement ride or attraction, a commercial bungee jumping site, or a zipline or
canopy tour; modifying procedures for the issuance of permits by the Public
Service Commission to operate as a contract carrier by motor vehicle; modifying
procedures for the issuance of permits by the State Fire Marshal; modifying
procedures for the issuance of permits by a nonprofit youth organization; and
modifying permit fees and procedures for the issuance of permits by the
Commissioner of the Division of Labor for activities related to the regulation
and control of bedding and upholstery businesses.?
Ordered, That the Clerk of the House
communicate to the Senate the action of the House of Delegates and request
concurrence therein.
At the request of Delegate Cowles and by
unanimous consent, the House of Delegates returned to the Third Order of
Business for the purpose of receiving committee reports.
Committee Reports
Mr.
Speaker, Mr. Armstead, Chair of the Committee on Rules, submitted the following
report, which was received:
Your Committee
on Rules has had under consideration:
Com. Sub. for H. C. R. ?31, Requesting the Joint Committee on
Government and Finance study the possibility of reducing the number of county
boards of education in the state along with other educational reorganization,
Com. Sub. for H. C. R. ?75, Increasing the speed limit on highways to
75 miles per hour?
H. C. R. ?111, Study of the Office of Technology and the
Information Services and Communications Division,
H. C. R. ?112, Study of occupational licensing requirements,
H. C. R. ?113, Study of the Alcohol Beverage Control
Administration,
H. C. R. ?114, Study of the West Virginia Division of
Labor,
H. C. R. ?115, Study of the Board of Examiners for
Registered Professional Nurses and the Board of Examiners for Licensed
Practical Nurses,
H. C. R. ?116, Study of the Real Estate Division within the
Department of Administration,
H. C. R. ?117, Study of the Fleet Management Office and
Travel Management Office,
H. C. R. ?121, Feasibility study for transfer of the Division
of Forestry to the Department of Agriculture,
H. C. R. ?122, Interim study for increase of funding for
West Virginia's Medicaid program,
H. C. R. ?127, Interim study relating to public schools,
And,
H. R. 13, America?s promise to our
retired coal miners and widows and to pass the Miners Protection Act as soon as
possible and provide the full measure of benefits these retirees were promised
and have earned,
And
reports the same back with the recommendation that they each be adopted.
Leaves of Absence
At
the request of Delegate Cowles, and by unanimous consent, leave of absence for
the day was granted Delegate Folk.
Miscellaneous Business
??????????? Delegate Eldridge asked and obtained
unanimous consent that the remarks of Delegate Walters on today regarding the anniversary
of World War I be printed in the Appendix to the Journal and the remarks of
Delegates Love, Phillips, Cooper and Martin regarding S. B. 621 on yesterday,
be printed in the Appendix of the Journal.
??????????? Delegate Caputo asked and obtained
unanimous consent that the remarks of Delegate Lynch regarding his amendment to
S. B. 621 be printed in the Appendix to the Journal.
??????????? Delegate Butler asked and obtained
unanimous consent that the remarks of Delegate Frich, on yesterday, regarding
S. B. 347 be printed in the Appendix to the Journal.
??????????? Delegate Williams asked and obtained
unanimous consent that the debate on the amendment offered to Com. Sub. for S.
B. 412 by Delegate G. Foster be printed in the Appendix to the Journal.
??????????? Delegate Wilson announced that he
was absent on today when the vote was taken on Roll No.420, and that had he
been present, he would have voted ?Yea? thereon.
??????????? Delegate Zatezalo noted to the Clerk
that he was absent on today when the vote was taken on S. B. 235 and had he
been present, he would have voted ?Yea? thereon.
??????????? Delegate Rodighiero noted to the
Clerk that he was absent on today when the votes were taken on S. B. 240, S. B.
345 and S. B. 441, and had he been present, he would have voted ?Yea? thereon.??
At
6:55 p.m., the House of Delegates adjourned until 9:00 a.m., Friday, April 7,
2017.