hdj2011-03-10-58
__________*__________
Thursday, March 10, 2011
FIFTY-EIGHTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Wednesday, March 9, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Reordering of the Calendar
Delegate
Boggs
announced that the Committee on Rules had transferred
Com. Sub. for H.
B. 3145, Providing a one-time bonus to certain annuitants of the Public Employees Retirement
System and the State Teachers Retirement System, on unfinished business, House Calendar, to the
Special Calendar and
S. B. 329, Updating provisions of sales and use tax, on first reading, Special
Calendar, to the House Calendar.
At the request of Delegate Boggs, and by unanimous consent, the House proceeded to
Unfinished Business and the consideration of Com. Sub. for H. B. 3145.
Special Calendar
Unfinished Business
Com. Sub. for H. B. 3145, Providing a one-time bonus to certain annuitants of the Public
Employees Retirement System and the State Teachers Retirement System was reported by the Clerk.
The following Senate amendments were reported by the Clerk:
On page one, by striking out everything after the enacting section 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 §5-10-22k; and that said code be amended by adding thereto a new section,
designated §18-7A-26v, 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 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-22k. One-time bonus payment for certain annuitants effective July 1, 2011.
(a) As an additional bonus payment to other retirement allowances provided, a one-time
bonus payment to retirement benefits shall be paid to retirants of the system as provided in
subsection (b) of this section. The one-time bonus payment shall equal $1,200 and shall be paid on
July 27, 2011.
(b) The one-time bonus payment provided by this section applies to any retirant with at least
twenty years of credited service who currently receives an annual retirement annuity of not more than
$7,200. This bonus payment is subject to any applicable limitations under section 415 of the Internal
Revenue Code of 1986, as amended.
(c) The one-time bonus payment provided by this section shall be payable pro rata to any
beneficiaries of a qualifying retirant who currently receive an annuity or other benefit payable by the
system.
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-26v. One-time bonus payment for certain annuitants effective July 1, 2011.
(a) As an additional bonus payment to other retirement allowances provided, a one-time
bonus payment to retirement benefits shall be paid to retirants of the retirement system as provided
in subsection (b) of this section. The one-time bonus payment shall equal $1,200 and shall be paid
on July 27, 2011.
(b) The one-time bonus payment provided in this section applies to any retirant with at least
twenty years of service as a contributing member who currently receives an annual retirement
annuity of not more than $7,200. This one-time bonus payment is subject to any applicable
limitations under section 415 of the Internal Revenue Code of 1986, as amended.
(c) The one-time bonus payment provided by this section shall be payable pro rata to any
beneficiaries of a qualifying retirant who currently receive an annuity or other benefit payable by the
retirement system."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
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. 277), and there were--yeas
85, nays 7, absent and not voting 8, with the nays and absent and not voting being as follows:
Nays: Andes, Ellington, Gearheart, Householder, J. Miller, Nelson and Savilla.
Absent and Not Voting: Ashley, Crosier, Doyle, Fleischauer, Lane, Michael, Moore and
Overington.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3145) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
At the request of Delegate Boggs, and by unanimous consent, the House proceeded to
consideration of bills and resolutions on third reading.
Third Reading
S. J. R. 10, Proposing amendment to Constitution designated Repeal The Two Consecutive
Term Limitation for Sheriffs Amendment; on third reading, coming up in regular order, was read a
third time.
On the adoption of the resolution, the yeas and nays were taken
(Roll No. 278), and there
were--yeas 81, nays 18, absent and not voting 1, with the yeas, nays and absent and not voting being
as follows:
Yeas: Mr. Speaker, Mr. Thompson, and Delegates Anderson, Andes, Ashley, Azinger, Barill,
Barker, Boggs, Brown, Butcher, D. Campbell, T. Campbell, Cann, Canterbury, Caputo, Craig, Ellem,
Ennis, Evans, Ferns, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hartman,
Hatfield, Hunt, Iaquinta, Ireland, Jones, Kominar, Lawrence, Longstreth, Mahan, Manchin,
Manypenny, Marshall, Martin, Miley, C. Miller, Moore, Morgan, Moye, Nelson, O'Neal, Pasdon,
Paxton, Perdue, Perry, Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds,
Romine, Rowan, Savilla, Shaver, Skaff, Smith, Snuffer, Sobonya, Staggers, Stephens, Storch,
Stowers, Sumner, Swartzmiller, Talbott, Varner, Walker, Wells, White and Williams.
Nays: Armstead, Border, Carmichael, Cowles, Doyle, Duke, Ellington, Gearheart,
Householder, Howell, Kump, Lane, Michael, J. Miller, Overington, Rodighiero, Sigler and Walters.
Absent and Not Voting: Crosier.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the resolution (S. J. R. 10) adopted, as follows:
S. J. R. 10 - "Proposing an amendment to the Constitution of the State of West Virginia,
repealing section three, article IX thereof, relating to sheriffs serving more than two consecutive
terms; numbering and designating such proposed amendment; and providing a summarized statement
of the purpose of such proposed amendment."
Resolved by the Legislature of West Virginia, two thirds of the members elected to each
house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State
of West Virginia be submitted to the voters of the state at the next general election to be held in the
year 2012, which proposed amendment is that section three, article IX thereof be repealed
to read
as follows:
ARTICLE IX.
§3. Sheriffs.
A person who has been elected or who has served as a sheriff during all or any part of two
consecutive terms shall be ineligible for the office of sheriff during any part of the term immediately
following the second of the two consecutive terms. The person holding the office of sheriff when
this section is ratified shall not be prevented from holding the office of sheriff during the term
immediately following the term his is serving.
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 "Repeal The Two Consecutive Term Limitation for
Sheriffs Amendment" and the purpose of the proposed amendment is summarized as follows: "To
repeal section three, article IX of the State Constitution which provides that a person who has been
elected or who has served as a sheriff during all or any part of two consecutive terms shall be
ineligible for the office of sheriff during any part of the term immediately following the second of
the two consecutive terms, and that the person holding the office of sheriff when this section is
ratified shall not be prevented from holding the office of sheriff during the term immediately
following the term he is serving."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 93, Relating to escape from custody of Division of Juvenile Services;
on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 279), 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: Crosier and Mahan.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 93) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Mahan announced that she was absent on today when the vote was taken on Roll
No. 279, and that had she been present, she would have voted "Yea" thereon.
Com. Sub. for S. B. 96, Relating generally to certain county officials; 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. 280),
and there were--yeas 84, nays 15, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Armstead, Ellem, Howell, Kump, Lane, C. Miller, Nelson, O'Neal, Overington,
Savilla, Sigler, Snuffer, Sobonya, Sumner and Walters.
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 96) passed.
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken
(Roll No. 281), and there were--yeas 91, nays
8, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Gearheart, Howell, Kump, O'Neal, Savilla, Sigler, Snuffer and Sumner.
Absent and Not Voting: Crosier.
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. 96) takes effect July 1, 2011.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 186, Relating to issuing subpoena to aid in criminal investigations
involving certain crimes against minors; 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. 282),
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: Crosier and Hartman.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 186) 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:
Com. Sub. for S.B. 186 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §62-1G-1 and §62-1G-2, all relating to issuing a
subpoena in aid of criminal investigations involving certain crimes against minors; providing
legislative declaration of necessity; providing definitions; authorizing issuance of a subpoena upon
reasonable suspicion that an electronic communications system or service or remote computing
service has been used in the commission of a criminal offense of a sexual nature against a minor
upon written application therefor by law-enforcement; providing definitions; requiring that certain
information be provided in the subpoena; providing what information is to be disclosed in response
to a subpoena; authorizing a fee for information provided in response to subpoena; providing for
non-disclosure of subpoena or response to subpoena to account holder; and limiting liability of
electronic communication systems or services, remote computing service providers, electronic
service providers and telecommunications carriers."
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. 213, Relating to crimes using computers, telephones and electronic
devices; 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. 283),
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: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 213) 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:
Com. Sub. for S. B. 213 - "A Bill to amend and reenact §61-3C-14a of the Code of West
Virginia, 1931, as amended, and to amend and reenact §61-8-16 of said code, all relating to crimes
using computers, telephones and electronic communications devices; creating offenses for the
unlawful transmission of obscene, anonymous, harassing and threatening communications and data
by mobile phone, personal digital assistant or other electronic communications device; clarifying
provisions pertaining to the unlawful obscene, anonymous, harassing and threatening
communications by traditional voice communication by telephone; creating a felony offense for
certain repeat offenses using a computer, mobile phone or other electronic communications device;
definitions; and establishing criminal penalties."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 222, Relating to Municipal Police Officers and Firefighters Retirement System; 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. 284),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Ireland.
Absent and Not Voting: Crosier and Manchin.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 222) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 328, Relating to issuance, disqualification, suspension and revocation of driver's
licenses; 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. 285),
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: Crosier and L. Phillips.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 328) 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. 328 - "A Bill to amend and reenact §17E-1-3, §17E-1-6, §17E-1-9, §17E-1-10, §17E-1-
11, §17E-1-12, §17E-1-13, §17E-1-17 and §17E-1-20 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §17E-1-14a, all
relating to the issuance, disqualification, suspension and revocation of driver's licenses and privilege
to operate a commercial motor vehicle; adding definitions; creating the offense of operating a
commercial motor vehicle while texting; providing penalties and exceptions; establishing
disqualification penalties for 2
nd, 3
rd or subsequent offenses; providing civil penalties for motor
carriers who require or allow a driver to operate a commercial motor vehicle while texting; providing
that a driver is disqualified from operating a commercial motor vehicle upon conviction for operating a commercial motor vehicle when texting; clarifying that out-of-service orders may pertain to a
driver, commercial motor vehicle or a motor carrier operation; providing that the licensed driver
accompanying a driver holding an instruction permit must be alert and unimpaired; adding additional
certifications to the application and the face of a commercial driver's license; providing for
additional requirements related to maintenance and verification of medical certification status;
including the United Mexican States as an entity that the commissioner is required to provide driving
record information; and prohibiting the division from issuing or renewing a commercial driver's
license to a person who does not possess a valid medical certification status."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 331, Correcting invalid code reference in definition of "eligible taxpayer"; on third
reading, coming up in regular order, with restricted right to amend, was reported by the Clerk.
On motion of Delegate White, the bill was amended on page one, following the enacting
section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-11b. Credit for utility taxpayers with net operating loss carryovers
that existed as of
December 31, 2006.
(a)
General. -- There shall be allowed to every eligible taxpayer a nonrefundable credit
against its primary tax liability imposed under this article for any net operating loss carryovers that
exist as of December 31, 2006.
(b)(1) 'Eligible taxpayer' means any person subject to the business and occupation taxes
prescribed by article thirteen of this chapter and exercising any privilege taxable under section two-o,
article thirteen of this chapter.
(2) 'Eligible taxpayer' also includes
an affiliated group of taxpayers if:
(A) For tax years beginning on or before December 31, 2008, an affiliated group of taxpayers
if the group elects to file a consolidated corporation net income tax return under this article if one or more affiliates included in the affiliated group would qualify as an eligible taxpayer under
subdivision (1) of this subsection;
or
(B) For tax years beginning on or after January 1, 2009, any taxpayer otherwise eligible under
this section that is engaged in a unitary business with one or more other taxpayers and is required
to file a combined report under this article.
(c)
Amount of credit. -- The amount of credit allowed shall be equal to one-quarter percent
of the eligible taxpayer's West Virginia net operating loss carryovers allowed by subsection (d),
section six of this article that
exist existed as of December 31, 2006.
Effective for tax years
beginning on or after January 1, 2009, the credit is an amount equal to the following subtraction:
(1) The product of the amount of net operating loss accrued before January 1, 2007, that is
taken in the current tax year, multiplied by nine percent, minus
(2) The product of the amount of net operating loss accrued before January 1, 2007, that is
taken in the current tax year multiplied by the tax rate for the current year..
(d)
Application of credit. -- The amount of credit allowed shall be taken against the tax
liabilities of the eligible taxpayer under this article as shown on its annual return for the
taxable tax
year in which its net operating loss carryovers are utilized, as provided in subsection (d), section six
of this article. Any credit remaining after application against the eligible taxpayer's tax liabilities
for the current year may be carried forward to subsequent tax years until
used the fifth taxable year
following the tax year when the remaining current balance of the eligible taxpayer's West Virginia
net operating loss carryovers allowed by subsection (d), section six of this article that existed as of
December 3l, 2006, decreased by net operating loss used or applied in each tax year beginning on
or after January 1, 2007, is zero. For purposes of determining the remaining current balance of the
eligible taxpayer's West Virginia net operating loss allowed by subsection (d), section six of this
article that existed as of December 31, 2006, decreased by net operating loss used or applied in each
tax year beginning on or after January 1, 2007 under this section, a first in, first out, net operating
loss usage computation shall apply.".
The bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 286),
and there were--yeas 95, nays 2, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Householder and J. Miller.
Absent and Not Voting: Crosier, Moore and L. Phillips.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 331) passed.
On motion of Delegate White, the title of the bill was amended to read as follows:
S. B. 331 - "A Bill to amend and reenact §11-24-11b of the Code of West Virginia, 1931, as
amended, relating to creating a permanent method for determining the allowance for certain utilities
of tax credits for the remainder of their net operating loss carryovers that existed as of December 31,
2006."
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. 356, Making captive insurance company organized as risk retention
group subject to certain insurance code provisions; on third reading, coming up in regular order, was
read a third time.
At 1:40 p.m., on motion of Delegate Boggs, the House of Delegates recessed until 4:00 p.m.,
and reconvened at that time.
Delegate L. Phillips noted to the Clerk that she was absent on yesterday when the votes were
taken on Roll Nos. 274 through 276, and that had she been present, she would have voted "Yea"
thereon.
* * * * * * *
Afternoon Session
* * * * * * *
Special Calendar
- Third Reading cont. -
The House proceeded to further consideration of
Com. Sub. for S. B. 356.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 287),
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: Crosier, Fragale, Snuffer and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 356) passed.
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken
(Roll No. 288), 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: Crosier, Fragale, Snuffer and Swartzmiller.
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. 356) takes effect July 1, 2011.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Delegate Snuffer noted to the Clerk that he was absent on today when the votes were taken
on Roll Nos. 287 and 288, and that had he been present, he would have voted "Yea" thereon.
Delegate L. Phillips noted to the Clerk that she was absent on yesterday when the votes were
taken on Roll Nos. 285 and 286, and that had she been present, she would have voted "Yea" thereon.
Unanimous consent having been obtained, Delegate Moore addressed the House regarding
H. B. 2161, Creating the Herbert Henderson Office of Minority Affairs, and at the conclusion
thereof, the Speaker asked and obtained unanimous consent that they be included in the Appendix
to the Journal.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Ninth Order of Business for the purpose of considering S. C. R. 32 on Unfinished
Business.
Unfinished Business
S. C. R. 32, Requesting DOH name bridge on U. S. Route 60 in Gauley Bridge "Sgt. Scott
Angel Memorial Bridge"; coming up in regular order, as unfinished business was read by the Clerk.
The question now being on the adoption of the resolution, the yeas and nays were demanded,
which demand was sustained.
The yeas and nays having been ordered, they were taken
(Roll No. 289), 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: Crosier, Fragale and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (S. C. R. 32) adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introducing a resolution.
Resolutions Introduced
Delegates Barker, Poore and Lane offered the following resolution, which was read by the
Clerk as follows:
H. C. R. 155 - "Extending the Committee of Conference relating to consideration of
Com.
Sub. for H. B. 2464, Adding additional requirements to the Ethics Act."
Resolved by the Legislature of West Virginia:
That pursuant to Rule No. 3 of the Joint Rules of the Senate and House of Delegates, the
Committee of Conference is hereby extended for a period of one day for the express purpose of
consideration of matters of disagreement between the two houses as to Com. Sub. for H. B. 2464.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. C. R. 155) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Third Reading
-Continued-
Com. Sub. for S. B. 357, Relating to reporting beaver and river otter taken, tagged and
checked; 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. 290),
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: Crosier, Fragale, Pino and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 357) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 371, Updating list of jurisdictions identified as tax havens; 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. 291),
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: Crosier, Fragale and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 371) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 292), 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: Crosier, Fragale and Swartzmiller.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 371) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 460, Authorizing Division of Forestry establish practices and procedures
to address law-enforcement requirements of division; 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. 293),
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: Crosier, Fragale and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 460) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 492, Relating to maximizing federal funding for state Medicaid
program; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 294),
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: Crosier, Fragale and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 492) passed.
Delegate Boggs moved that the bill take effect July 1, 2011.
On this question, the yeas and nays were taken
(Roll No. 295), and there were--yeas 89, nays 8, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Ellington, Gearheart, Householder, Howell, Kump, J. Miller, Overington and Savilla.
Absent and Not Voting: Crosier, Fragale and Swartzmiller.
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. 492) takes effect July 1, 2011.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for S. B. 495, Relating generally to use of electronic voting systems; 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. 296),
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: Crosier and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 495) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 297), and there were--yeas 97, nays
1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Gearheart.
Absent and Not Voting: Crosier and Moore.
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. 495) 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. 544, Relating to municipal policemen's and firemen's pension and relief
funds; 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. 298),
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: Crosier and Snuffer.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 544) passed.
An amendment to the title of the bill, recommended by the Committee on Finance, was
reported by the Clerk and adopted, amending the title to read as follows:
Com. Sub. for S. B. 544 - "A Bill to amend and reenact §8-22-16 and §8-22-20 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §8-22A-28 of said code, all relating
to municipal policemen's and firemen's pension and relief funds and Municipal Police Officers and
Fire Fighters Retirement System; providing additional method for municipalities to finance
policemen's and firemen's pension and relief funds; authorizing Municipal Pensions Oversight
Board to contract for actuarial services without certain statutory restrictions; requiring certain
information in certain actuarial reports; and extending time to submit plan to extend Social Security
benefits to certain individuals."
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 299), and there were--yeas 97, nays
1, absent and not voting 2, with the nays and absent and not voting being as follows:
Nays: Gearheart.
Absent and Not Voting: Crosier and Snuffer.
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. 544) 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. 592, Requiring schools have crisis response plans; 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. 300),
and there were--yeas 96, nays 3, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Householder, Kump and J. Miller.
Absent and Not Voting: Crosier.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for S. B. 592) 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. 592 - "A Bill to amend and reenact §18-9F-1 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-9F-
9; and to amend and reenact §18-28-2 of said code, all relating to requiring crisis response plans for
all schools; updating legislative findings and intent; requiring the state board in conjunction with the
Division of Homeland Security and Emergency Management promulgate legislative rule by certain
date for school specific crisis response plan establishment, minimum content, safeguards, updating,
filing, informing and training school personnel, release of information to public; procedures for non
public schools; authorizing emergency rule; considerations in developing rule; minimum contents
of rule; requiring plan filing with county boards and certain disposition including public inspection
of redacted copies and notice to parents; and requiring private, parochial and religious schools to
establish, file and update school specific crisis response plan that complies with certain rule
requirements."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
S. B. 612, Exempting certain schools and school districts from certain statutory provisions;
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. 301),
and there were--yeas 97, nays 1, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Gearheart.
Absent and Not Voting: Crosier and Moore.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 612) 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. 612 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §18-5A-3a; and to amend and reenact §18-5B-10 of said code, all relating
to exempting certain schools and school districts from certain statutory provisions pursuant to certain
statutory approval and recommendation processes."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegates Doyle and Fleischauer announced that they were absent on today when the votes
were taken on Roll No. 277, and that had they been present, they would have voted "Yea" thereon.
Delegate Manchin announced that he was absent on today when the vote was taken on Roll
Nos. 284, and that had he been present, he would have voted "Yea" thereon.
Delegate Pino announced that he was absent on today when the vote was taken on Roll No.
290, and that had he been present, he would have voted "Yea" thereon.
Delegate Snuffer announced that he was absent on today when the votes were taken on Roll
Nos. 298 and 299, and that had he been present, he would have voted "Yea" thereon.
At the request of Delegate Boggs, 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. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 65, Requesting the Joint Committee on Government and Finance study the state's
in-home direct care workforce,
H. C. R. 126, Requesting a study on the need for criminal penalties for utilizing computers,
mobile telephones and electronic devices to transmit obscene, anonymous and harassing
communications,
H. C. R. 143, Requesting the Joint Committee on Government and Finance to conduct a
study on combining the state health care programs into a single agency,
H. C. R. 144, Requesting the Joint Committee on Government and Finance study the
feasibility of requiring the West Virginia Department of Health and Human Resources to annually
review rates of its various programs pay to health care providers,
And,
H. C. R. 149, Urging the PSC act to review the condition of the Pruntytown to Mt. Storm
500kV transmission line and order the rebuilding and reconductoring of that transmission line as
soon as is practical,
And reports the same back with the recommendation that they each be adopted.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 407, Incorporating federal health insurance reforms into insurance code,
And,
Com. Sub. for S. B. 408, Creating WV Health Benefit Exchange Act,
And reports the same back, with amendments, with the recommendation that they each do
pass, as amended.
Delegate Boggs asked unanimous consent that the bills (Com. Sub. for S. B. 407 and Com.
Sub. for S. B. 408) each be taken up for immediate consideration, read a first time and ordered to
second reading, which consent was not given, objections being heard
On motion of Delegate Boggs, the bills (Com. Sub. for S. B. 407 and Com. Sub. for S. B.
408) were then each taken up for immediate consideration, read a first time and ordered to second
reading
Delegate Lane asked to be shown in the Journal as having voted "Nay" on the previous
action on Com. Sub. for S. B. 407 and Com. Sub. for S. B. for S. B. 408.
On motion for leave, a resolution was introduced (Originating in the Committee on Rules and
reported with the recommendation that it be adopted,) which was read by its title, as follows:
By Mr. Speaker, Mr. Thompson:
H. R. 39 - "Amending the Rules of the House of Delegates, by adding thereto a new Rule,
designated House Rule 101a, establishing a Bill Reading Docket and setting forth procedures
therefor."
Resolved by the House of Delegates:
That the Rules of the House of Delegates be hereby amended, by adding thereto a new Rule,
designated House Rule 101a, to read as follows:
Bill Reading Docket and Procedures Therefor
101a. Upon motion of any member, on any legislative day or the day preceding, the House
may, by a vote of a majority of those present, establish a period of time known as "Bill Reading
Docket". Such motion shall state each bill to be read, the time and order for such bill reading docket
to commence and to conclude, and may provide for the recess of the House for not more than one
legislative day, during which reading of the docket no motion, except a motion to cease the reading
of the bills, by two-thirds vote of those elected, shall be heard. A quorum shall not be required during
the reading of the docket. Any and all members requesting that a bill be read shall be present at all
times in the Chamber during its reading.
All bills read on the bill reading docket shall be considered as having been fully and distinctly
read.
After the Reading Docket shall have been completed, or the reading of the bills shall cease
upon motion, the House shall revert to its Daily Order of Business, and the bills on the Reading
Docket may then be taken up as the House may determine.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
S. B. 616, Relating to post-employment benefits generally,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
At the respective requests of Delegate Boggs, and by unanimous consent, the bill (S. B. 616) was taken up for immediate consideration, read a first time and ordered to second reading.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
S. B. 436, Continuing personal income tax adjustment to gross income of certain retirees,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Boggs, and by unanimous consent, the bill (S. B. 436)
was taken up for immediate consideration, read a first time and ordered to second reading.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
Com. Sub. for S. B. 373, Requiring School Building Authority allocate and expend certain
moneys for vocational programs at comprehensive middle schools,
And,
Com. Sub. for S. B. 424, Creating Natural Gas Horizontal Well Control Act,
And reports the same back, with amendment, with the recommendation that they each do
pass, as amended.
At the respective requests of Delegate Boggs, and by unanimous consent, the bills (Com.
Sub. for S. B. 373 and Com. Sub. for S. B. 424) were taken up for immediate consideration, read a
first time and ordered to second reading.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
Com. Sub. for S.B. 373, Requiring School Building Authority allocate and expend certain
moneys for vocational programs at comprehensive middle schools,
And,
Com. Sub. for S.B. 424, Creating Natural Gas Horizontal Well Control Act,
And reports the same back, with amendment, with the recommendation that they each do pass, as amended.
At the respective requests of Delegate Boggs, and by unanimous consent, the bill (Com. Sub.
for S. B. 373) was taken up for immediate consideration, read a first time and ordered to second
reading.
Second Reading
Com. Sub. for S. B. 112, Authorizing Department of Administration 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 six, section one, line fifty-one, after the word "using", by
striking out the remainder of the sentence and inserting in lieu thereof the words "the Fleet
Management Office designated form".
The bill was then ordered to third reading.
Com. Sub. for S. B. 121, Authorizing DEP promulgate legislative rules; on second reading,
coming up in regular order, was read a second time and ordered to third reading.
Com. Sub. for S. B. 177, Authorizing Department of Revenue 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 four, following the enacting section by striking out the
remainder of the bill and inserting in lieu there of the following:
"ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF REVENUE TO
PROMULGATE LEGISLATIVE RULES.
§64-7-1. State Tax Department.
(a) The legislative rule filed in the state register on July 28, 2010, authorized under the
authority of section ten, article thirteen-aa, chapter eleven of this code, modified by the State Tax
Department to meet the objections of the Legislative Rule-Making Review Committee and refiled
in the state register on November 5, 2010, relating to the State Tax Department (commercial patent
incentives tax credit, 110 CSR 13Q), is authorized.
(b) The legislative rule filed in the state register on July 26, 2010, authorized under the authority of section five-s, article ten, chapter eleven of this code, relating to the State Tax
Department (exchange of information agreement between the State Tax Department and the West
Virginia Lottery, 110 CSR 50E), is authorized.
(c) The legislative rule filed in the state register on July 26, 2010, authorized under the
authority of section five-s, article ten, chapter eleven of this code, modified by the State Tax
Department to meet the objections of the Legislative Rule-Making Review Committee and refiled
in the state register on November 5, 2010, relating to the State Tax Department (exchange of
information agreement between the State Tax Department and the Office of the State Fire Marshal,
110 CSR 50F), is authorized.
§64-7-2. Insurance Commissioner.
(a) The legislative rule filed in the state register on July 27, 2010, authorized under the
authority of section three, article two, chapter thirty-three of this code, modified by the Insurance
Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled
in the state register on September 28, 2010, relating to the Insurance Commissioner (credit life
insurance, credit accident and sickness insurance and credit unemployment insurance, 114 CSR 6),
is authorized with the following amendment:
On pages one and two, section 2, by striking out all of section 2. and inserting in lieu thereof
a new section 2. to read as follows:
"
§114-6-2. Definitions.
(1) '"Commissioner'" means the West Virginia Insurance Commissioner.
(2) '"Credit Accident and Sickness Insurance'" means insurance on a debtor to provide
indemnity for payments becoming due on a specific loan or other credit transaction while the debtor
is disabled as defined in the policy.
(3) '"Credit Life Insurance'" means insurance on the life of a debtor pursuant to or in
connection with a specific loan or other credit transaction.
(4) '"Credit unemployment insurance'" means insurance on a debtor to provide indemnity
for payments becoming due on a specific loan or other credit transaction while the debtor is
unemployed as defined in the policy.
(5) '"Creditor'" means the lender of money or vendor or lesser goods, services, or property,
rights or privileges, for which payment is arranged through a credit transaction, or any successor to
the right, title or interest of any such lender, vendor, or lessor, and an affiliate, associate or subsidiary
of them or any director, officer, or employee of any of them or any other person in any way
associated with any of them.
(6) '"Debtor'" means a borrower of money or purchaser or lessee of goods, services,
property, rights or privileges for which payment is arranged through a credit transaction.
'"Indebtedness'" means the total amount payable by a debtor to a creditor in connection with a loan
or other credit transaction.
(7) '"Indebtedness'" means the total amount payable by a debtor to a creditor in connection
with a loan or other credit transaction."
(b) The legislative rule filed in the state register on July 29, 2010, authorized under the
authority of section ten, article two, chapter thirty-three of this code, relating to the Insurance
Commissioner (suitability in annuity transactions, 114 CSR 11B), is authorized.
(c) The legislative rule filed in the state register on July 27, 2010, authorized under the
authority of section three, article two, chapter thirty-three of this code, modified by the Insurance
Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled
in the state register on October 20, 2010, relating to the Insurance Commissioner (insurance
adjusters, 114 CSR 25), is authorized with the following amendments:
On page two, subsection 3.1., by striking out all of subsection 3.1. and inserting in lieu
thereof a new subsection 3.1. to read as follows:
"3.1. No person shall in West Virginia act as or hold himself to be an adjuster unless licensed
by the Commissioner. As used in the rule, the term "person" shall not include those persons located
in an office of an insurer outside the State of West Virginia who adjust claims solely by telephone,
fax, United States Mail and electronic mail and who do not physically enter the State of West
Virginia in the course of adjusting such claims.";
And,
On page four, subdivision 3.2.j., by striking out all of subdivision 3.2.j. and renumbering the remaining subdivisions.
(d) The legislative rule filed in the state register on July 29, 2010, authorized under the
authority of section three, article two, chapter thirty-three of this code, modified by the Insurance
Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled
in the state register on September 28, 2010, relating to the Insurance Commissioner (long-term care
insurance, 114 CSR 32), is authorized with the following amendments:
On page 51, paragraph 29.4.c.1., by striking out all of paragraph 29.4.c.1. and inserting in lieu
thereof a new paragraph 29.4.c.1. to read as follows:
"29.4.c.1. Within five (5) business days of receiving a written request for independent
review, the insurer shall choose an independent review organization approved or certified by the
state. The insurer shall vary its selection of authorized independent review organizations on a
rotating basis.";
On page fifty-two, paragraph 29.4.c.6., by striking out the word "8," and inserting in lieu
thereof the word "3,";
And,
On page fifty-six, subsection 30.6., by striking out all of subsection 30.6.
(e) The legislative rule filed in the state register on July 27, 2010, authorized under the
authority of section three, article two, chapter thirty-three of this code, relating to the Insurance
Commissioner (actuarial opinion and memorandum, 114 CSR 41), is authorized.
(f) The legislative rule filed in the state register on July 27, 2010, authorized under the
authority of section three, article two, chapter thirty-three of this code, modified by the Insurance
Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled
in the state register on December 1, 2010, relating to the Insurance Commissioner (property and
casualty actuarial opinions, 114 CSR 41A), is authorized.
(g) The legislative rule filed in the state register on July 27, 2010, authorized under the
authority of section three, article two, chapter thirty-three of this code, relating to the Insurance
Commissioner (credit personal property, 114 CSR 61), is authorized.
(h) The legislative rule filed in the state register on July 27, 2010, authorized under the authority of section three, article two, chapter thirty-three of this code, modified by the Insurance
Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled
in the state register on December 1, 2010, relating to the Insurance Commissioner (self-insurance
pools for political subdivisions, 114 CSR 65), is authorized with the following amendment:
On pages ten and eleven, subsection 8.1., by striking out all of subsection 8.1. and inserting
in lieu thereof a new subsection 8.1. to read as follows:
"8.1. To the extent not inconsistent with this rule, each workers' compensation pool is subject
to the requirements of
West Virginia Code §§33-2-21 and 33-2-22 and
West Virginia Code Chapter
Twenty-Three and the rules promulgated thereunder, including but not limited to the payment of
surcharges pursuant to
West Virginia Code §§23-2C-3(f)(2) and 23-2C-3(f)(3)(B) and
West Virginia
Code St. R. Section 85-6-1
et seq.; the record retention requirements of
West Virginia Code St. R.
Section 85-18-13; and the data requirements of
West Virginia Code St. R. Section 85-2-1
et. seq.:
Provided, That such a pool is subject to
West Virginia Code St. R. Section 85-18-1
et seq.; as if the
pool was a single self-insured employer:
Provided, however, That no provision of Chapter Twenty-
Three of this code or any rule promulgated thereunder requiring participation in the self-insured
guarantee risk pool and the self-insured security risk pool, or providing for industrial council
approval of self-insured status, termination of self-insured status or approval of security, shall
apply."
(i) The legislative rule filed in the state register on July 27, 2010, authorized under the
authority of section three, article two, chapter thirty-three of this code, relating to the Insurance
Commissioner (valuation of life insurance companies, 114 CSR 68), is authorized.
(j) The legislative rule filed in the state register on July 27, 2010, authorized under the
authority of section three, article two, chapter thirty-three of this code, relating to the Insurance
Commissioner (recognition of preferred mortality tables for use in determining minimum reserve
liabilities, 114 CSR 69A), is authorized.
(k) The legislative rule filed in the state register on July 27, 2010, authorized under the
authority of section three, article two, chapter thirty-three of this code, relating to the Insurance
Commissioner (professional employer organizations, 114 CSR 85), is authorized.
(l) The legislative rule filed in the state register on July 27, 2010, authorized under the
authority of section three, article two, chapter thirty-three of this code, relating to the Insurance
Commissioner (health maintenance organization point of service option, 114 CSR 91), is authorized.
§64-7-3. Racing Commission.
(a) The legislative rule filed in the state register on July 27, 2010, authorized under the
authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing
Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled
in the state register on January 20, 2011, relating to the Racing Commission (thoroughbred racing,
178 CSR 1), is authorized with the following amendments:
On page forty-two, subdivision 26.4.q., by striking out subdivision 26.4.q. in its entirety and
inserting in lieu thereof a new subdivision 26.4.q. to read as follows:
"26.4.q. No trainer shall move or permit to be moved any horse or horses under his or her
custody, care or control into the association's grounds without permission from the association's
racing secretary or his or her designee. No trainer shall move or permit to be moved any horse or
horses under his or her custody, care or control out of the association's grounds without first signing
out the horse on a form prescribed by the association and made available at the stable gate:
Provided,
That for all horses stabled on the association grounds, permission is required from the association's
racing secretary or his or her designee at the time of removal if the horse is entered to race or may
be entered to race at another racetrack during a period of seven (7) days following the day of its
removal from the association's grounds. No trainer shall move or permit to be moved any horse or
horses under his or her custody, care or control into the association's grounds without presenting a
current negative Coggins test for equine infectious anemia (EIA).";
On page fifty-six, subdivision 42.3.a., by striking out the words "eighteen (118)" and
inserting in lieu thereof the words "sixteen (116)";
And,
On page sixty-nine, subdivision 48.2.d., by striking out subdivision 48.2.d. in its entirety and
inserting in lieu thereof a new subdivision 48.2.d. to read as follows:
"48.2.d. Practicing veterinarians shall not have contact with an entered horse on a race day except for the administration of furosemide (lasix®) under the guidelines set forth in subsection
49.7. of this rule unless approved by a Racing Commission veterinarian. If approval to have contact
with an entered horse on race day for purposes other than the administration of furosemide (lasix®)
is obtained from a Racing Commission veterinarian, or if reasonable efforts are made to contact a
Racing Commission veterinarian and he or she is unavailable, a practicing veterinarian may have
contact with the horse for purposes other than the administration of furosemide (lasix®):
Provided,
That the practicing veterinarian shall complete a form prescribed by the Racing Commission
notifying the Racing Commission veterinarian of the contact. Such form shall be provided to the
Racing Commission veterinarian one hour before post time."
(b) The legislative rule filed in the state register on July 30, 2010, authorized under the
authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing
Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled
in the state register on January 20, 2011, relating to the Racin g Commission (greyhound racing, 178
CSR 2), is authorized.
(c) The legislative rule filed in the state register on July 16, 2010, authorized under the
authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing
Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled
in the state register on January 20, 2011, relating to the Racing Commission (pari-mutuel wagering,
178 CSR 5), is authorized, with the following amendment:
On page two, subsection 2.21, line 5, by striking out the word "totalizator" and inserting in
lieu thereof the word "totalisator".
§64-7-4. Alcohol Beverage Control Commission.
(a) The legislative rule filed in the state register on November 20, 2009, authorized under the
authority of section six, article three-a, chapter sixty of this code, modified by the Alcohol Beverage
Control Commission to meet the objections of the Legislative Rule-making Review Committee and
refiled in the state register on January 20, 2011, relating to the Alcohol Beverage Commission
(licensed retailer operations, 175 CSR 1), is authorized with the following amendment:
On pages seven and eight, paragraph 4.1.a.3., by striking out all of paragraph 4.1.a.3. and inserting in lieu thereof a new paragraph 4.1.a.3. to read as follows:
"4.1.a.3. Column 2 - "Unit Size." The product bottle size is listed in metric measurement.
Metric Conversion Table
Metric Size
Converted to Ounces
50 ml.
1.7 oz.
200 ml.
6.8 oz.
375 ml.
12.7 oz.
500 ml.
16.9 oz.
750 ml.
25.4 oz.
1. Liter
33.8 oz.
1.75 Liter
59.2 oz."
(b) The legislative rule filed in the state register on February 22, 2010, authorized under the
authority of section six, article three-a, chapter sixty of this code, modified by the Alcohol Beverage
Control Commission to meet the objections of the Legislative Rule-making Review Committee and
refiled in the state register on January 19, 2011, relating to the Alcohol Beverage Commission
(licensing of retail outlets, 175 CSR 5), is authorized."
The bill was then ordered to third reading.
Com. Sub. for S. B. 195, Relating to requirements to serve as magistrate; 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. 219, Relating to maintaining solvency of Unemployment Compensation
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 two, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following:
"That §21A-8-1 and §21A-8-10 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; and to amend said code by adding thereto a new section, designated §21A-8-16, all to read as follows:
ARTICLE 8. UNEMPLOYMENT COMPENSATION FUND.
§21A-8-1. Establishment.
There is hereby established as a special fund, separate and apart from all public moneys or
funds of the state, an Unemployment Compensation Fund. The fund shall consist of:
(1) All payments collected under this chapter.
(2) Interest earned upon money in the fund.
(3) Property or securities acquired through the use of the fund.
(4) Earnings of such property or securities.
(5) Amounts transferred from the Employment Security Special Administration Fund.
(6) Any moneys loaned to the fund pursuant to section sixteen of this article.
(6) (7) Any moneys received from the federal unemployment account in the Unemployment
Trust Fund in accordance with Title XII of the Social Security Act, as amended.
All money in the funds shall be mingled and undivided.
Any interest required to be paid on advances under Title XII of the Social Security Act, as
amended, shall be paid by the date on which such interest is due. No interest shall be paid directly
or indirectly from amounts in the Unemployment Compensation Trust Fund.
§21A-8-10. Withdrawals.
Except as provided in section thirteen of this article, money shall be requisitioned from this
state's account in the unemployment trust fund solely for the payment of benefits
and repayment of
any loans outstanding from the Revenue Center Construction Fund as provided in section sixteen
of this article. The commissioner may requisition from the unemployment trust fund such amounts,
not exceeding the amount of the account, as
he the commissioner determines to be necessary for the
payment of benefits for a reasonable future period
or to repay a loan outstanding from the Revenue
Center Construction Fund as provided in section sixteen of this article.
Upon receipt of the money
he the commissioner shall deposit it in the benefit account.
§21A-8-16. Loans to Unemployment Compensation Fund from Revenue Center Construction
Fund.
(a) Notwithstanding any provision of this code to the contrary and subject to the provisions
of this section, the Governor is hereby authorized, by executive order, after first notifying the
presiding officers of both houses of the Legislature in writing, to borrow funds from the Revenue
Center Construction Fund created by chapter nineteen, acts of the Legislature, first extraordinary
session, two thousand six, for deposit into the Unemployment Compensation Fund, created in section
one of this article, to be expended in accordance with this code. The amount of funds borrowed and
outstanding under this section may not exceed $20 million at any one time, or the amount the
Governor determines is necessary to adequately sustain the balance in the Unemployment
Compensation Fund at a minimum of $20 million, whichever is less.
(b) Notwithstanding the provisions of subsection (a) of this section, the Governor may not
borrow funds from the Revenue Center Construction Fund unless the Executive Director of
Workforce West Virginia has projected that the balance in the state's Unemployment Compensation
Fund will be less than $20 million at any time during the next thirty days.
(c) Any funds borrowed pursuant to this subsection shall be repaid from funds on deposit in
the Unemployment Trust Fund in excess of $20 million or from other funds legally available for such
purpose, without interest, and redeposited to the credit of the Revenue Center Construction Fund
within one-hundred-eighty days of their withdrawal.
(d) No amounts may be borrowed pursuant to the provisions of this section after September
1, 2011."
The bill was then ordered to third reading.
Com. Sub. for S. B. 228, Creating Local Solution Dropout Prevention and Recovery Act;
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 two, 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 §18-5B-11; and that §18-8-3 and §18-8-6 of said code be amended and reenacted, all to read as follows:
ARTICLE 5B. SCHOOL INNOVATION ZONES ACT.
§18-5B-11. Local Solution Dropout Prevention and Recovery Innovation Zone Act.
(a) Legislative findings, intent and purpose.
The Legislature finds that:
(1) High school graduation is an essential milestone for all West Virginia students and
impacts the future success of the individual, community and state;
(2) There are significant correlations between educational attainment and labor market
outcomes, greater labor force participation rate, increased employment rates, improved health, and
decreased levels of poverty and crime. The negative impact on these linkages is most evident in the
absence of high school completion;
(3)Dropping out of school is a process, not an event, with factors building and compounding
over time;
(4)Students at risk of not completing high school can be identified as early as sixth grade
using the indicators of attendance, behavior and course failures. Therefore, a comprehensive
graduation plan must include a comprehensive systemic approach that emphasizes early
interventions;
(5) Research identifies a number of effective strategies for engaging students that have the
most positive impact on improving high school graduation rates. Some of these strategies are
school-community collaboration, safe learning environments, family engagement, early literacy
development, mentoring and tutoring services, service learning opportunities, alternative and
nontraditional schooling, offering multiple pathways and settings for attaining high school diplomas,
after-school opportunities, individualized instruction and career and technical education;
(6) Schools cannot solve the dropout problem alone. Research shows when educators,
parents, elected officials, business leaders, faith-based leaders, human service personnel, judicial
personnel and civic leaders collectively work together they are often able to find innovative solutions to address school and community problems; and
(7) Increasing high school graduation rates is an important factor in preparing a college and
career-ready citizenry. Higher education institutions, including community and technical colleges,
are essential partners in creating local and statewide solutions.
(b) Therefore, the intent of the Legislature is to provide a separate category of innovation
zones designated 'Local Solution Dropout Prevention and Recovery Innovation Zones' intended to
achieve the following purposes:
(1) Provide for the establishment of Local Solution Dropout Prevention and Recovery
Innovation Zones to increase graduation rates and reduce the number of dropouts from West Virginia
schools;
(2) Provide schools and communities with opportunities for greater collaboration to plan and
implement systemic approaches that include evidence-based solutions for increasing graduation rates
and reducing the number of dropouts;
(3) Provide a testing ground for innovative graduation programs, incentives and approaches
to reducing the number of dropouts;
(4) Provide information regarding the effects of specific innovations, collaborations and
policies on graduation rates and dropout prevention and recovery; and
(5) Document educational strategies that increase graduation rates, prevent dropouts and
enhance student success.
(c) Local Solution Dropout Prevention and Recovery Innovation Zones.
A school, a group of schools or a school district may be designated as a Local Solution
Dropout Prevention and Recovery Innovation Zone in accordance with the provisions of this article,
subject to the provisions of this section. The state board shall propose rules for legislative
promulgation, including an emergency rule if necessary, in accordance with article three-b chapter
twenty-nine of this code to implement the provisions of this section. All provisions of this article
apply to Local Solution Dropout Prevention and Recovery Innovation Zones, including but not limited to, the designation, application, approval, waiver of statutes, policies, rule and
interpretations, employee approval, employee transfers, progress reviews, reports and revocations,
and job postings, subject to the following:
(1) For purposes of this section, a 'school, a group of schools or a school district' means a
high school, a group of schools comprised of a high school and any of the elementary and middle
schools whose students will attend the high school, or a school district whose graduation rate in the
year in which an application is made is less than ninety percent based on the latest available school
year data published by the Department of Education;
(2) The contents of the application for designation as a Local Solution Dropout Prevention
and Recovery Innovation Zone must include a description of the dropout prevention and recovery
strategies and that the school, group of schools or school district plans to implement if designated
as a Local Solution Dropout Prevention and Recovery Innovation Zone, and any other information
the state board requires. The application also shall include a list of all county and state board rules,
policies and interpretations, and all statutes, if any, identified as prohibiting or constraining the
implementation of the plan, including an explanation of the specific exceptions to the rules, policies
and interpretations and statutes required for plan implementation. A school, a group of schools, or
school district may not request an exception nor may an exception be granted from any of the
following:
(i) An assessment program administered by the West Virginia Department of Education;
(ii) Any provision of law or policy required by the No Child Left Behind Act of 2001, Public
Law No. 107-110 or other federal law; and
(iii) Section seven, article two and sections seven-a, seven-b, eight and eight-b, article four,
chapter eighteen-a of this code, except as provided in section eight of this article;
(3) The factors to be considered by the state board when evaluating an application shall
include, but are not limited to, the following:
(A) Meaningful involvement of community organizations as outlined in the dropout
prevention and recovery plan and evidenced by letters of support;
(B) The level of commitment and support of staff, parents, students, the county board of
education, the local school improvement council and the school's business partners as determined
in accordance with this article apply to become a Local Solutions Dropout Prevention and Recovery
Innovation Zone;
(C) The potential for an applicant to be successful in building community awareness of the
high school dropout problem and developing and implementing its dropout prevention and recovery
plan; and
(D) Implementation of the statewide system of easily identifiable early warning indicators
of students at risk of not completing high school developed by the state board in accordance with
section six, article eight of this chapter, known as The High School Graduation Improvement Act,
along with a plan of interventions to increase the number of students earning a high school diploma;
(4) The rule shall provide standards for the state board to review applications for designation
as a Local Solutions Dropout Prevention and Recovery Innovation Zones;
(5) The application for designation as a Local Solutions Dropout Prevention and Recovery
Innovation Zone under this section is subject to approval in accordance with sections five and six
of this article. In addition to those approval stages, the application, if approved by the school
employees, shall be presented to the local school improvement council for approval prior to
submission to county superintendent and board. Approval by the local school improvement council
is obtain when at least eighty percent of the local school improvement council members present and
voting after a quorum is established vote in favor of the application; and
(6) Upon approval by the state board and state superintendent of the application, all
exceptions to county and state board rules, policies and interpretations listed within the plan are
granted. The applicant school, group of schools or school district shall proceed to implement the
plan as set forth in the approved application and no further plan submissions or approval are
required, except that if an innovation zone plan, or a part thereof, may not be implemented unless
an exception to a statute is granted by Act of the Legislature, the state board and state superintendent
may approve the plan, or the part thereof, only upon the condition that the Legislature acts to grant the exception as provided in this article.
(d) Local solutions dropout prevention and recovery fund.
There is hereby created in the State Treasury a special revenue fund to be known as the
'Local Solutions Dropout Prevention and Recovery Fund.' The fund shall consist of all moneys
received from whatever source to further the purpose of this article. The fund shall be administered
by the state board solely for the purposes of this section. Any moneys remaining in the fund at the
close of a fiscal year shall be carried forward for use in the next fiscal year. Fund balances shall be
invested with the state's consolidated investment fund and any and all interest earnings on these
investments shall be used solely for the purposes that moneys deposited in the fund may be used
pursuant to this section.
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-3. Employment of county director of school attendance andassistants; qualifications;
salary and traveling expenses; removal.
(a) The county board of education of every county, not later than August 1, of each year, shall
employ the equivalent of a full-time county director of school attendance if such county has a net
enrollment of more than four thousand pupils, at least a half-time director of school attendance if
such county has a net enrollment equal to or less than four thousand pupils and such assistant
attendance directors as deemed necessary. All persons to be employed as attendance directors shall
have the written recommendation of the county superintendent.
(b) The county board of education may establish special and professional qualifications for
attendance directors and assistants as are deemed expedient and proper and are consistent with
regulations of the state Board of Education relating thereto
: Provided, That if the position of
attendance director has been posted and no fully certified applicant applies, the county may employ
a person who holds a professional administrative certificate and meets the special and professional
qualifications established by the county board as attendance director and that person shall not be
required to obtain attendance director certification.
(c) The attendance director or assistant director shall be paid a monthly salary as fixed by the county board. The attendance director or assistant director shall prepare attendance reports, and such
other reports as the county superintendent may request.
(d) The county board of education shall reimburse the attendance directors or assistant
directors for their necessary traveling expenses upon presentation of a monthly, itemized, sworn
statement approved by the county superintendent.
§18-8-6. The High School Graduation Improvement Act.
(a) This section is known and may be cited as 'The High School Graduation Improvement
Act.'
(b) The Legislature makes the following findings:
(1) West Virginia has a dire need to implement a comprehensive approach to addressing the
high school drop-out crisis, and to develop policies and strategies that successfully assist at-risk
students to stay in school, earn a high school diploma, and ultimately become productively
contributing members of society;
(2) The current demands for a highly skilled workforce require a high school diploma at the
very minimum;
(3) The state has several dynamic programs that are capable of actively engaging students in
learning, providing students with a sense of relevancy in academics, and motivating students to
succeed in school and ultimately earn a high school diploma;
(4) Raising the compulsory school attendance age alone will neither increase the graduation
rate nor decrease the drop-out rate. It is imperative that the state shift the focus from merely
compelling students to attend school to instead providing vibrant and engaging programs that allow
students to recognize the value of a high school diploma or workforce credential and inspire students
to graduate from high school, especially those students who are at risk of dropping out of school;
(5) Investing financially in this focus shift will result in the need for fewer resources to be
committed to enforcing compulsory attendance laws and fewer incidents of disruptive student
behavior;
(6) Absenteeism is proven to be the highest predictor of course failure. Truant students face
low self-confidence in their ability to succeed in school because their absences cause them to fall
behind their classmates, and the students find dropping out easier than catching up;
(7) There is a strong relationship between truancy and dropping out of high school. Frequent
absences are one of the most common indicators that a student is disengaging from the learning
process and likely to drop out of school early. Intervention after fewer absences is likely to have a
positive impact on a student's persistence to graduation;
(8) Students cite many reasons for dropping out of school, some of which include engaging
in drug culture, lack of positive influence, role model or parental involvement, absence of boundaries
and direction, lack of a positive home environment, peer pressure, and poor community expectations;
(9) Dropping out of school has a profound negative impact on an individual's future,
resulting in limited job choices, substantially lower wages and less earned over a life-time than high
school graduates, and a greater likelihood of depending on public assistance and engaging in criminal
activity;
(10) Career-technical education is a dynamic system in West Virginia which offers numerous
concentrations that provide students with industry-recognized credentials, while also preparing them
for post-secondary education;
(11) All career-technical education students in the state have an opportunity to earn free
college credit through the Earn a Degree-Graduate Early (EDGE) program;
(12) The current high school graduation rate for secondary career-technical education
completers is significantly higher than the state graduation rate;
(13) Students involved in career-technical education learn a marketable skill, are likely to
find jobs, and become prepared for post-secondary education;
(14) A significant number of students who could benefit from participating in a career-
technical program are denied access due to a number of factors, such as dropping out of high school
prior to enrolling in career-technical education, requirements that students repeat academic courses that they have failed, and scheduling conflicts with the high schools;
(15) There has been a dramatic change over the years from vocational education, which was
very basic and lacked high level skills, to the career-technical programs of today which are computer
based, require national tests and certification, and often result in jobs with high salaries;
(16) West Virginia's employers and technical education job placement rates show that the
state needs graduates with technical skills to compete in the current and future job markets;
(17) The job placement rate for students graduating from career-technical programs statewide
is greater than ninety-five percent;
(18) Among the reasons students cite for dropping out of school are feelings of hopelessness
when they have failed classes and can not recover credits in order to graduate;
(19) The state offers full-day programs consisting of credit recovery, hands on experiences
in career-technical programs and basic education, which are valuable resources for re-engaging
students who have dropped out of school, or have a potential for or are at risk of dropping out;
(20) A student is significantly more likely to graduate from high school if he or she completes
four units of training in technical education;
(21) Learning is increased and retained at a higher level if the content is taught through a
relevant and applied experience, and students who are able to experience academics through real life
projects have a higher probability of mastering the appropriate concepts;
(22) Programs such as 'GED Option' and 'Techademics' are valuable resources for providing
relevant and applied experience for students;
(23) The Techademics programs administered by the department of education has embedded
math competencies in career-technical program curricula whereby students simultaneously earn
credit for mastery of math competencies and career-technical courses;
(24) Students would greatly benefit if West Virginia were designated as a 'GED Option'
state. Currently a student is ineligible to take the General Educational Development (GED) exam
if he or she is enrolled in school, which requires the student to drop out of high school in order to participate in a GED preparation program or take the exam, even if the student desires to remain
enrolled;
(25) A GED Option state designation by the American Council on Education would allow
students in this state to remain enrolled in school and continue acquiring academic and career-
technical credits while pursuing a GED diploma. The GED Option would be blended with the West
Virginia virtual schools or a career-technical education pathway. Upon completion, rather than being
a dropout, the student would have a GED diploma and a certification in the chosen career-technical
or virtual school pathway;
(26) The Mountaineer Challenge Academy is a positive option for students at risk of
dropping out of school, as it provides students with structure, stability, and a focus on positive
change, all in an environment where negative influences and distractions can be left behind;
(27) Students attending the Mountaineer Challenge Academy would greatly benefit if the
GED Option were implemented at the Academy;
(28) The Health Sciences and Technology Academy (HSTA) program prepares rural,
minority and economically disadvantaged students for college and careers in the health sciences, and
demonstrates tremendous success in its high percentage of students who graduate from high school
and participate in post-secondary education.
(29) The West Virginia GEAR UP (Gaining Early Awareness and Readiness for
Undergraduate Programs) program is aimed at increasing the academic performance and rigorous
preparation of students, increasing the number of high-poverty, at-risk students who are prepared to
enter and succeed in post-secondary education, and increasing the high school graduation rate;
(30) The GEAR UP program successfully aids students in planning, applying and paying for
education and training beyond high school;
(31) Each dropout involved in drugs or crime or dependent on public assistance creates a
huge fiscal burden on society;
(32) The intense treatment and individual monitoring provided through the state's juvenile drug courts have proven to be highly effective in treating drug addictions, and rehabilitating drug
addicted youth and improving their educational outcomes;
(33) Services provided by juvenile drug courts include substance abuse treatment,
intervention, assessment, juvenile and family counseling, heavy supervision by probation officers
including school-based probation officers who provide early intervention and diversion services, and
addressing some of the underlying reasons why students are not successful in school;
(34) School participation and attendance are required for students participating in juvenile
drug courts, and along with academic progress are closely monitored by the courts;
(35) Juvenile drug courts are an important strategy to improve substance abuse treatment
outcomes, and serve to save the state significant cost on incarceration of the juveniles, along with
the future costs to society of individuals who remain substance abusers;
(36) Juvenile drug courts produce greater cost benefits than other strategies that address
criminal activity related to substance abuse and addiction that bring individuals into the criminal
justice system;
(37) Funding for the increased number of students enrolled in school during the 2010-2011
school year due to the compulsory school attendance age increase established by this act will not be
reflected in the state aid formula allocation until the 2011-2012 school year, which will require
additional funds to be provided to county boards for the 2010-2011 school year to accommodate the
increased enrollment;
(38) The state will benefit both fiscally and through improved quality of life if scarce state
resources are targeted toward programs that result in providing a competitive advantage as adults for
those students who are at risk of dropping out of school;
(39) Funds invested toward education and ensuring that students complete high school pay
tremendous dividends through the moneys saved on incarceration, unemployment and
underemployment as those students reach adulthood;
and
(40) Increasing the compulsory school attendance age will have little effect in aiding students to complete high school if additional resources, both fiscal and programmatic, are not dedicated to
supporting student achievement, providing real-life relevancy in curriculum, and engaging students
in learning, particularly for those students who have become so disengaged from school and learning
that they are at risk of dropping out of school
; and
(41) Schools cannot solve the dropout problem alone. Research shows when educators,
parents, elected officials, business leaders, faith-based leaders, human service personnel, judicial
personnel and civic leaders collectively work together they are often able to find innovative solutions
to address school and community problems. (c) The Legislature intends as follows:
(1) The state will continue to explore diverse instructional delivery strategies to accommodate
various learning styles and will focus on a state-wide dropout intervention and prevention program
to provide support for students having academic difficulty;
(2) A general credit recovery program shall be implemented statewide, including delivery
through West Virginia virtual schools;
(3) The state board will continue to improve the way career-technical education is offered,
including expansion of the Techademics program;
(4) Up to five additional juvenile drug courts shall be established by January 1, 2012;
(5) The state will invest additional state funds and other resources in strategies and programs
that engage disconnected and discouraged students in a positive learning environment as a critical
first step to ensuring that students persist and graduate;
and
(6) County boards will develop plans to demonstrate how they will use available funds to
implement the intent of this section
; and
(7) The state board shall develop a statewide system in electronic format that will provide
schools with easily identifiable early warning indicators of students at risk of not graduating from
high school. The system shall be delivered through the uniform integrated regional computer
information system (commonly known as the West Virginia Education Information System) and
shall at a minimum incorporate data on the attendance, academic performance and disciplinary infractions of individual students. The state board shall require implementation of the system in
Local Solution Dropout Prevention and Recovery Innovation Zones along with a plan of
interventions to increase the number of students earning a high school diploma, and may utilize the
zones as a pilot test of the system.
(d) Each county board shall include in its alternative education program plan required by
section six, article two, of this chapter a plan to improve student retention and increase the
graduation rate in the county. The plan is subject to approval of the state board, and shall include
strategies the county board will implement to achieve the following goals:
(1) Increasing the graduation rate for the county;
(2) Identifying at the earliest age possible those students who are at risk of dropping out of
school prior to graduation; and
(3) Providing additional options for delivering to at-risk students academic credentials and
career-technical training if appropriate or desired by the student. The options may include such
programs as Techademics, Earn a Degree-Graduate Early (EDGE), Health Sciences and Technology
Academy (HSTA), Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR
UP), truancy diversion, early intervention, dropout prevention, prevention resource officers, GED
option, credit recovery, alternative learning environments, or any other program or strategy approved
by the state board.
(e) As soon as is practicable the state superintendent or his or her designee shall pursue
designation of West Virginia as a 'GED Option' state by the American Council on Education. If so
designated, the state board shall:
(1) Develop and implement a program whereby a student may pursue a GED diploma while
remaining enrolled in high school; and
(2) Ensure that the GED Option is offered to students attending the Mountaineer Challenge
Academy.
(f) The state board shall continue to expand:
(1) The Techademics program to include each major academic subject and increase the
academic credit available through the program to students; and
(2) The Health Sciences and Technology Academy to ensure that the program is available
for any school containing any of the grade levels of eligible students.
(g) The state board shall ensure that the dropout information required by section twenty-four,
article one-b, chapter fifteen of this code is provided annually to the Mountaineer Challenge
Academy.
(h) Some career and technical education programs only
except accept students in certain
upper high school grade levels due to lack of capacity to accept the students in the lower high school
grade levels. This can be detrimental to efforts to keep students identified as at risk of dropping out
of school prior to graduation in school. Therefore, those career and technical education programs
that
only limit enrollment to students in certain upper high school grade levels
to enroll may make
exceptions for those at risk students and enroll any of those at risk students who are in grades nine
and above."
The bill was then ordered to third reading.
Com. Sub. for S. B. 241, Relating to Division of Tourism and Tourism Commission; 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 and inserting in lieu thereof the following:
"That §5B-1-1a and §5B-1-2 of the Code of West Virginia, 1931, as amended, be amended
and reenacted; that §5B-2-8 and §5B-2-9 of said code be amended and reenacted; that said code be
amended by adding thereto a new section designated §5B-2-8a; and that §5F-2-1 of said code be
amended and reenacted, all to read as follows:
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 5B. DEPARTMENT OF COMMERCE.
§5B-1-1a. Marketing and Communications Office.
(a) There is
hereby created continued in the Department of Commerce the Marketing and
Communications Office. The office is created to provide marketing and communications goods and
services to other state agencies, departments, units of state or local government or other entity or
person.
(b) The office is authorized to charge for goods and services it provides to other state
agencies. The Secretary of the Department of Commerce shall approve a fee schedule determining
the amounts that may be charged for goods and services provided by the office to other state
agencies.
At the discretion of and with the approval of the Secretary of the Department of
Commerce, the office may also sell partnerships, sponsorships or advertising in its publications,
events or promotions to help offset the cost of producing and distributing its products and services.
(c) All moneys collected shall be deposited in a special account in the State Treasury to be
known as the Department of Commerce Marketing and Communications Operating Fund.
Expenditures from the fund shall be for the operation of the office and are not authorized from
collections but are to be made only in accordance with appropriation by the Legislature and in
accordance with the provisions of article two, chapter eleven-b of this code.
Provided, That for the
fiscal year ending June 30, 2008, expenditures are authorized from collections and shall be expended
at the discretion of the Secretary of the Department of Commerce rather than pursuant to
appropriation by the Legislature.
(d) Any balance remaining at the end of any fiscal year shall not revert to the General
Revenue Fund, but shall remain in the fund for expenditures in accordance with the purposes set
forth in this section.
(e) The Department of Commerce shall develop and maintain a system of annual or more
frequent performance measures useful in gauging the efficiency and effectiveness of the office's
marketing and communications activities. The measures shall also reflect the office's efficiency and
effectiveness with respect to commercially available marketing and communications services and
any private sector benchmarks which might be identified or created. For the purposes of this section, 'performance measures' means income, output, quality, self-sufficiency and outcome metrics.
(f)
Beginning On January 1
2008, and annually every year thereafter, of each year the
Secretary of the Department of Commerce shall report to the Joint Committee on Government and
Finance, the Joint Standing Committee on Finance and the Joint Commission on Economic
Development on the performance of the office. This report is to include a statement of the
performance measurements for the office developed by the Secretary of the Department of
Commerce and an analysis of the office's performance.
(g) Pursuant to the provisions of article ten, chapter four of this code, the Marketing and
Communications Office shall continue to exist until July 1, 2010, unless sooner terminated,
continued or reestablished.
§5B-1-2. Agencies, boards, commissions, divisions and offices comprising the Department of
Commerce.
The Department of Commerce consists of the following agencies, boards, commissions,
divisions and offices, including all of the allied, advisory, affiliated or related entities, which are
incorporated in and administered as part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which
includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter
twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter
twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter
twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health,
Safety and Training for purposes of administrative support and liaison with the Office of the
Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter
twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this
code;
(3) The West Virginia Development Office
which includes the Division of Tourism and the
Tourism Commission, provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article
one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this
code;
(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis;
and
(8) Division of Energy provided in article
one two-f, chapter
five-h five-b of this code;
and
(9) Division of Tourism and the Tourism Commission provided in article two, chapter five-b
of this code.
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE AND THE DIVISION OF
TOURISM
.
§5B-2-8. Division of Tourism and Tourism Commission continued; members, appointment
and expenses.
(a) There is hereby
created continued within the
West Virginia Development Office Department of Commerce the Division of Tourism and an independent Tourism Commission, which
is a body corporate and politic, constituting a public corporation and government instrumentality.
The commission consists of thirteen members:
(b) Prior to July 1, 2011, the Governor, by and with the advice and consent of the Senate,
shall appoint to the Tourism Commission three members from the private sector to represent
participants in the state's tourism industry, one for a term of four years, one for a term of three years
and one for a term of two years.
(c) Commencing July 1, 2011, the Tourism Commission shall consist of the following fifteen
members with staggered terms:
(1)
Nine Twelve members
to be appointed by the Governor, with the advice and consent of
the Senate, representing participants in the state's tourism industry.
At least seven Ten of the
members shall be from the private sector
. Of the nine members so appointed, one shall
represent
be a director employed by a convention and visitors bureau and
another one shall be a member of
a convention and visitors bureau. In making the appointments the Governor may select from a list
provided by the West Virginia Hospitality and Travel Association of qualified applicants. Of the
nine twelve members so appointed, no
more less than three shall be from each congressional district
within the state and shall be appointed to provide the broadest geographic distribution which is
feasible;
(2) One member to be appointed by the Governor from the membership of the Council for
Community and Economic Development created pursuant to the provisions of section two of this
article;
(3) (2) One member to be appointed by the Governor to represent public sector nonstate
participants in the tourism industry within the state;
(4) (3) The Secretary of Transportation or his or her designee, ex officio; and
(5) (4) The Director of the Division of Natural Resources or his or her designee, ex officio.
(b) (d) Each member appointed by the Governor shall serve staggered terms of four years. Any member whose term has expired shall serve until his or her successor has been appointed. Any
person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be
eligible for reappointment. In cases of vacancy in the office of member, such vacancy shall be filled
by the Governor in the same manner as the original appointment.
(c) (e) Members of the commission shall not be entitled to compensation for services
performed as members. A majority of these members shall constitute a quorum for the purpose of
conducting business. The Governor shall appoint a chair of the commission for a term to run
concurrent with the term of the office of the member appointed to be the chair. The chair is eligible
for successive terms in that position.
§5B-2-8a. Commissioner of Tourism.
(a) The Division of Tourism is under the direction and charge of the Commissioner of
Tourism.
(b) The commissioner shall be appointed by the Governor: Provided, That the person serving
as commissioner at the time of the enactment of this section in 2011, shall continue to serve in that
capacity at the will and pleasure of the Governor. The commissioner's salary shall be set the
Governor. The commissioner shall be a competent person, having executive ability and knowledge
of publicity, advertising and tourist promotion.
(c) In addition to other duties required of the division by other provisions of this code, the
division shall:
(1) Coordinate media events to promote a positive image of West Virginia and new
investment in the tourist industry;
(2) Provide comprehensive strategic planning services to existing tourism enterprises;
(3) Promote attractions of West Virginia in other states; and
(4) Distribute West Virginia informational publications and manage the West Virginia
Welcome Centers.
§5B-2-9. Powers and duties of tourism commission.
(a) The commission shall develop a comprehensive tourism promotion and development
strategy for West Virginia. 'Comprehensive tourism promotion and development strategy' means
a plan that outlines strategies and activities designed to continue, diversify or expand the tourism
base of the state as a whole; create tourism jobs; develop a highly skilled tourism work force;
facilitate business access to capital for tourism; advertise and market the resources offered by the
state with respect to tourism promotion and development; facilitate cooperation among local,
regional and private tourism enterprises; improve infrastructure on a state, regional and community
level in order to facilitate tourism development; improve the tourism business climate generally; and
leverage funding from sources other than the state, including local, federal and private sources.
(b) In developing its strategies, the commission shall consider the following:
(1) Improvement and expansion of existing tourism marketing and promotion activities;
(2) Promotion of cooperation among municipalities, counties, and the West Virginia
infrastructure and jobs development council in funding physical infrastructure to enhance the
potential for tourism development.
(c) The tourism commission shall have the power and duty:
(1) To acquire for the state in the name of the commission by purchase, lease or agreement,
or accept or reject for the state, in the name of the commission, gifts, donations, contributions,
bequests or devises of money, security or property, both real and personal, and any interest in such
property, to effectuate or support the purposes of this article;
(2) To make recommendations to the Governor and the Legislature of any legislation deemed
necessary to facilitate the carrying out of any of the foregoing powers and duties and to exercise any
other power that may be necessary or proper for the orderly conduct of the business of the
commission and the effective discharge of the duties of the commission;
(3) To cooperate and assist in the production of motion pictures and television and other
communications;
(4) To purchase advertising time or space in or upon any medium generally engaged or employed for said purpose to advertise and market the resources of the state or to inform the public
at large or any specifically targeted group or industry about the benefits of living in, investing in,
producing in, buying from, contracting with, or in any other way related to, the state of West Virginia
or any business, industry, agency, institution or other entity therein:
Provided, That of any funds
appropriated and allocated for purposes of advertising and marketing expenses for the promotion and
development of tourism, not less than twenty percent of the funds shall be expended with the
approval of the Director of the Division of Natural Resources to advertise, promote and market state
parks, state forests, state recreation areas and wildlife recreational resources;
(5) To promote and disseminate information related to the attractions of the state through the
operation of the state's telemarketing initiative, which telemarketing initiative shall include a
centralized reservation and information system for state parks and recreational facilities; and
(6) To take such additional actions as may be necessary to carry out the duties and programs
described in this article.
(d) The commission shall submit a report annually to the
council for community and
economic development Secretary of Commerce, the Governor and the Legislature about the
development of the tourism industry in the state and the necessary funding required by the state to
continue the development of the tourism industry.
(e) The
executive director of the West Virginia development office Commissioner of the
Division of Tourism shall assist the commission in the performance of its powers and duties and the
executive director commissioner is hereby authorized in providing this assistance to employ
necessary personnel, contract with professional or technical experts or consultants and to purchase
or contract for the necessary equipment or supplies.
(f) The commission shall promulgate legislative rules pursuant to the provisions of chapter
twenty-nine-a of this code to carry out its purposes and programs, to include generally the programs
available, the procedure and eligibility of applications relating to assistance under such programs and
the staff structure necessary to support such programs, which structure shall include the
qualifications for a professional staff person qualified by reason of exceptional training and experience in the field of advertising to supervise the advertising and promotion functions of the
commission, and shall further include provision for the management of West Virginia welcome
centers. The commission is further authorized to promulgate procedural rules pursuant to said
chapter to include instructions and forms for applications relating to assistance.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE
BRANCH OF STATE GOVERNMENT.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Administration:
(1) Building Commission provided in article six, chapter five of this code;
(2) Public Employees Insurance Agency provided in article sixteen, chapter five of this code;
(3) Governor's Mansion Advisory Committee provided in article five, chapter five-a of this
code;
(4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this
code;
(5) West Virginia Public Employees Grievance Board provided in article three, chapter six-c
of this code;
(6) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine
of this code;
(7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;
(8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;
(9) Division of Personnel provided in article six, chapter twenty-nine of this code;
(10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;
(11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this
code; and
(12) Real Estate Division provided in article ten, chapter five-a of this code.
(b) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Commerce:
(1) Division of Labor provided in article one, chapter twenty-one of this code, which
includes:
(A) Occupational Safety and Health Review Commission provided in article three-a, chapter
twenty-one of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter
twenty-one of this code;
(2) Office of Miners' Health, Safety and Training provided in article one, chapter
twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health,
Safety and Training for purposes of administrative support and liaison with the office of the
Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review
Committee provided in article six, chapter twenty-two-a of this code;
(B) Board of Miner Training, Education and Certification provided in article seven, chapter
twenty-two-a of this code; and
(C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this
code;
(3) The West Virginia Development Office
which includes the Division of Tourism and the
Tourism Commission provided in article two, chapter five-b of this code;
(4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;
(5) Division of Forestry provided in article one-a, chapter nineteen of this code;
(6) Geological and Economic Survey provided in article two, chapter twenty-nine of this
code; and
(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment
Services Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis;
and
(8) Division of Energy provided in article two-f, chapter five-b of this code;
and
(9) Division of Tourism and the Tourism Commission provided in article two, chapter five-b
of this code.
(c) The Economic Development Authority provided in article fifteen, chapter thirty-one of
this code is continued as an independent agency within the executive branch.
(d) The Water Development Authority and
the Water Development Authority Board provided
in article one, chapter twenty-two-c of this code is continued as an independent agency within the
executive branch.
(e) The following agencies and boards, including all of the allied, advisory and affiliated
entities, are transferred to the Department of Environmental Protection for purposes of administrative
support and liaison with the office of the Governor:
(1) Air Quality Board provided in article two, chapter twenty-two-b of this code;
(2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this
code;
(3) Environmental Quality Board, or its successor board, provided in article three, chapter
twenty-two-b of this code;
(4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;
(5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c
of this code;
(6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this
code; and
(7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of
this code.
(f) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Education and the Arts:
(1) Library Commission provided in article one, chapter ten of this code;
(2) Educational Broadcasting Authority provided in article five, chapter ten of this code;
(3) (2) Division of Culture and History provided in article one, chapter twenty-nine of this
code;
and
(4) (3) Division of Rehabilitation Services provided in
section two, article ten-a, chapter
eighteen of this code.
(g)
The Educational Broadcasting Authority provided in article five, chapter ten of this code,
is part of the Department of Education and the Arts for purposes of administrative support and
liaison with the office of the Governor.
(h) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Health and Human Resources:
(1) Human Rights Commission provided in article eleven, chapter five of this code;
(2) Division of Human Services provided in article two, chapter nine of this code;
(3) Bureau for Public Health provided in article one, chapter sixteen of this code;
(4) Office of Emergency Medical Services and
Emergency Medical Service Advisory Council
provided in article four-c, chapter sixteen of this code;
(5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;
(6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this
code;
(7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and
(8) The Child Support Enforcement Division provided in chapter forty-eight of this code.
(h) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Military Affairs and Public Safety:
(1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;
(2) Armory Board provided in article six, chapter fifteen of this code;
(3) Military Awards Board provided in article one-g, chapter fifteen of this code;
(4) West Virginia State Police provided in article two, chapter fifteen of this code;
(5) Division of Homeland Security and Emergency Management and Disaster Recovery
Board provided in article five, chapter fifteen of this code and Emergency Response Commission
provided in article five-a of said chapter;
(6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;
(7) Division of Justice and Community Services provided in article nine-a, chapter fifteen
of this code;
(8) Division of Corrections provided in chapter twenty-five of this code;
(9) Fire Commission provided in article three, chapter twenty-nine of this code;
(10) Regional Jail and Correctional Facility Authority provided in article twenty, chapter
thirty-one of this code;
(11) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code.
and
(12) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter
nine-a of this code.
(i) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered
as a part of the Department of Revenue:
(1) Tax Division provided in
article one, chapter eleven of this code;
(2) Racing Commission provided in article twenty-three, chapter nineteen of this code;
(3) Lottery Commission and position of Lottery Director provided in article twenty-two,
chapter twenty-nine of this code;
(4)
Agency of Insurance Commissioner provided in article two, chapter thirty-three of this
code;
(5)
Office of West Virginia Alcohol Beverage Control Commissioner provided in article
sixteen, chapter eleven of this code and article two, chapter sixty of this code;
(6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a
of this code;
(7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;
(8) Division of Banking provided in article two, chapter thirty-one-a of this code;
(9) The State Budget Office provided in article two of this chapter;
(10) The Municipal Bond Commission provided in article three, chapter thirteen of this code;
(11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code; and
(12) The State Athletic Commission provided in article five-a, chapter twenty-nine of this
code.
(j) The following agencies and boards, including all of the allied, advisory, affiliated or
related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:
(1) Division of Highways provided in article two-a, chapter seventeen of this code;
(2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a,
chapter seventeen of this code;
(3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;
(4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this
code;
(5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;
(6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and
(7)
Public Port Authority provided in article sixteen-b, chapter seventeen of this code.
(k) The Veterans' Council provided in article one, chapter nine-a of this code, including all
of the allied, advisory, affiliated or related entities and funds associated with it is, incorporated in
and administered as part of the Department of Veteran's Assistance.
(k) (l) Except for powers, authority and duties that have been delegated to the secretaries of
the departments by the provisions of section two of this article, the position of administrator and the
powers, authority and duties of each administrator and agency are not affected by the enactment of
this chapter.
(l) (m) Except for powers, authority and duties that have been delegated to the secretaries of
the departments by the provisions of section two of this article, the existence, powers, authority and
duties of boards and the membership, terms and qualifications of members of the boards are not
affected by the enactment of this chapter. All boards that are appellate bodies or are independent
decision makers shall not have their appellate or independent decision-making status affected by the
enactment of this chapter.
(m) (n) Any department previously transferred to and incorporated in a department by prior
enactment of this section means a division of the appropriate department. Wherever reference is
made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any
reference to a division of a department so transferred and incorporated means a section of the
appropriate division of the department.
(n) (o) When an agency, board or commission is transferred under a bureau or agency other
than a department headed by a secretary pursuant to this section, that transfer is solely for purposes
of administrative support and liaison with the office of the Governor, a department secretary or a
bureau. Nothing in this section extends the powers of department secretaries under section two of
this article to any person other than a department secretary and nothing limits or abridges the
statutory powers and duties of statutory commissioners or officers pursuant to this code."
The bill was then ordered to third reading.
Com. Sub. for S. B. 242, Dedicating portion of coal severance tax to county of origin; 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 two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following:
"
ARTICLE 13A. SEVERANCE AND BUSINESS PRIVILEGE TAX ACT.
§11-13A-5a.
Dedication of five percent of severance tax for benefit of counties of origin; phase
in period; expenditures of funds; dedication of ten percent of oil and gas
severance tax for benefit of counties and municipalities; distribution of
major portion of such dedicated tax to oil and gas producing counties;
distribution of minor portion of such dedicated tax to all counties and
municipalities; reports; rules; special funds in the office of State Treasurer;
methods and formulae for distribution of such dedicated tax; expenditure
of funds by counties and municipalities for public purposes; and requiring
special county and municipal budgets and reports thereon.
(a) (1) Effective July 1, 2011, one percent of the tax attributable to the severance of coal
imposed by section three of this article is dedicated for the use and benefit of counties from which those taxes were generated and shall be distributed to each county as provided in this subsection.
Effective July 1, 2012, two percent of the tax attributable to the severance of coal imposed by section
three of this article is dedicated for the use and benefit of counties from which those taxes were
generated and shall be distributed to each county as provided in this subsection. Effective July 1,
2013, three percent of the tax attributable to the severance of coal imposed by section three of this
article is dedicated for the use and benefit of counties from which those taxes were generated and
shall be distributed to each county as provided in this subsection. Effective July 1, 2014, four
percent of the tax attributable to the severance of coal imposed by section three of this article is
dedicated for the use and benefit of counties from which those taxes were generated and shall be
distributed to each county as provided in this subsection. Effective July 1, 2015, and each year
thereafter, five percent of the tax attributable to the severance of coal imposed by section three of
this article is dedicated for the use and benefit of counties from which those taxes were generated
and shall be distributed to each county as provided in this subsection.
(2) For purposes of this subsection, the tax attributable to the severance of coal imposed by
section three of this article does not include the thirty-five one hundredths of one percent additional
severance tax on coal imposed by the state for the benefit of counties and municipalities as provided
in section six of this article.
(3) The percentage authorized in this subsection shall be deposited into a special fund known
as the 'County Severance Revenue Fund' which is hereby established in the State Treasury, and from
that fund shall be distributed by the State Treasurer from time to time as the moneys in the fund
become available, in the manner specified in this subsection to the various counties of this state in
which the coal upon which the tax imposed by section three of this article is imposed was located
at the time it was removed from the ground. The moneys shall be distributed to the county
commissions and used only for:
(A) Projects through economic development authorities and redevelopment authorities;
(B) Infrastructure;
(C) Job creation;
(D) Road repair;
(E) Public health systems; and
(F) As pledge to the payment of bond indebtedness for projects related to paragraphs (A)
through (E) of this subdivision.
(4) The amount to which a county is entitled from the county severance revenue fund - shall
be determined by: (1) Dividing the total amount of moneys in the fund then available for distribution
by the total number of tons of coal mined in this state during the preceding quarter; and (2)
multiplying the quotient thus obtained by the number of tons of coal removed from the ground in the
county during the preceding quarter.
(5)(A) No distribution made to a county under this subsection may be deposited into the
county's General Revenue Fund. The county commission of each county receiving a distribution
under this subsection shall establish a special account to be known as the '(name of county) five
percent Special Coal Severance Account' into which all distributions made under this subsection
shall be deposited and thereafter expended by the county commission as provided by this subsection.
(B) On or before October 1, 2012, and October 1 of each year thereafter, the county
commission of each county receiving a distribution of funds under this subsection shall report to the
Legislature on the use made of those funds during the next preceding fiscal year.
(a) (b) Effective July 1, 1996, five percent of the tax attributable to the severance of oil and
gas imposed by section three-a of this article is
hereby dedicated for the use and benefit of counties
and municipalities within this state and shall be distributed to the counties and municipalities as
provided in this section. Effective
the July 1, 1997, and thereafter, ten percent of the tax attributable
to the severance of oil and gas imposed by section three-a of this article is
hereby dedicated for the
use and benefit of counties and municipalities within this state and shall be distributed to the
counties and municipalities as provided in this section.
(b) (c) Seventy-five percent of this dedicated tax shall be distributed by the State Treasurer
in the manner specified in this section to the various counties of this state in which the oil and gas
upon which this additional tax is imposed was located at the time it was removed from the ground. Those counties are referred to in this section as the 'oil and gas producing counties'. The remaining
twenty-five percent of the net proceeds of this additional tax on oil and gas shall be distributed
among all the counties and municipalities of this state in the manner specified in this section.
(c) (d) The Tax Commissioner is hereby granted plenary power and authority to promulgate
reasonable rules requiring the furnishing by oil and gas producers of
such additional information as
may be necessary to compute the allocation required under the provisions of subsection
(f) (g) of this
section. The Tax Commissioner is also
hereby granted plenary power and authority to promulgate
such other reasonable rules as may be necessary to implement the provisions of this section.
(d) (e) In order to provide a procedure for the distribution of seventy-five percent of the
dedicated tax on oil and gas to the oil and gas producing counties, the special fund known as the 'Oil
and Gas County Revenue Fund' established in the State Treasurer's office by chapter two hundred
forty-two, Acts of the Legislature, regular session, 1995, as amended and reenacted in the subsequent
act of the Legislature, is
hereby continued. In order to provide a procedure for the distribution of the
remaining twenty-five percent of the dedicated tax on oil and gas to all counties and municipalities
of the state, without regard to oil and gas having been produced in those counties or municipalities,
the special fund known as the 'All Counties and Municipalities Revenue Fund' established in the
State Treasurer's office by chapter two hundred forty-two, Acts of the Legislature, regular session,
1995, as amended and reenacted in the subsequent Act of the Legislature, is
hereby redesignated as
the 'All Counties and Municipalities Oil and Gas Revenue Fund' and is hereby continued.
Seventy-five percent of the dedicated tax on oil and gas shall be deposited in the 'Oil and Gas
County Revenue Fund' and twenty-five percent of the dedicated tax on oil and gas shall be deposited
in the 'All Counties and Municipalities Oil and Gas Revenue Fund,' from time to time, as the
proceeds are received by the Tax Commissioner. The moneys in the funds shall be distributed to the
respective counties and municipalities entitled to the moneys in the manner set forth in subsection
(e) (f) of this section.
(e) (f) The moneys in the 'Oil and Gas County Revenue Fund' and the moneys in the 'All
Counties and Municipalities Oil and Gas Revenue Fund' shall be allocated among and distributed annually to the counties and municipalities entitled to the moneys by the State Treasurer in the
manner specified in this section. On or before each distribution date, the State Treasurer shall
determine the total amount of moneys in each fund which will be available for distribution to the
respective counties and municipalities entitled to the moneys on that distribution date. The amount
to which an oil and gas producing county is entitled from the 'Oil and Gas County Revenue Fund'
shall be determined in accordance with subsection
(f) (g) of this section, and the amount to which
every county and municipality shall be entitled from the 'All Counties and Municipalities Oil and
Gas Revenue Fund' shall be determined in accordance with subsection
(g) (h) of this section. After
determining, as set forth in subsections
(f) and (g) (g) and (h) of this section, the amount each county
and municipality is entitled to receive from the respective fund or funds, a warrant of the State
Auditor for the sum due to the county or municipality shall issue and a check drawn thereon making
payment of the sum shall thereafter be distributed to the county or municipality.
(f) (g) The amount to which an oil and gas producing county is entitled from the 'Oil and Gas
County Revenue Fund' shall be determined by:
(1) In the case of moneys derived from tax on the severance of gas:
(A) Dividing the total amount of moneys in the fund derived from tax on the severance of
gas then available for distribution by the total volume of cubic feet of gas extracted in this state
during the preceding year; and
(B) Multiplying the quotient thus obtained by the number of cubic feet of gas taken from the
ground in the county during the preceding year; and
(2) In the case of moneys derived from tax on the severance of oil:
(A) Dividing the total amount of moneys in the fund derived from tax on the severance of
oil then available for distribution by the total number of barrels of oil extracted in this state during
the preceding year; and
(B) Multiplying the quotient thus obtained by the number of barrels of oil taken from the
ground in the county during the preceding year.
(g) (h) The amount to which each county and municipality is entitled from the 'All Counties
and Municipalities Oil and Gas Revenue Fund' shall be determined in accordance with the
provisions of this subsection. For purposes of this subsection 'population' means the population as
determined by the most recent decennial census taken under the authority of the United States:
(1) The Treasurer shall first apportion the total amount of moneys available in the all counties
and municipalities oil and gas revenue fund by multiplying the total amount in the fund by the
percentage which the population of each county bears to the total population of the state. The
amount thus apportioned for each county is the county's 'base share'.
(2) Each county's base share shall then be subdivided into two portions. One portion is
determined by multiplying the base share by that percentage which the total population of all
unincorporated areas within the county bears to the total population of the county, and the other
portion is determined by multiplying the base share by that percentage which the total population of
all municipalities within the county bears to the total population of the county. The former portion
shall be paid to the county and the latter portion shall be the 'municipalities' portion' of the county's
base share. The percentage of the latter portion to which each municipality in the county is entitled
shall be determined by multiplying the total of the latter portion by the percentage which the
population of each municipality within the county bears to the total population of all municipalities
within the county.
(h) (i) Moneys distributed to any county or municipality under the provisions of this section,
from either or both special funds, shall be deposited in the county or municipal general fund and may
be expended by the county commission or governing body of the municipality for such purposes as
the county commission or governing body shall determine to be in the best interest of its respective
county or municipality:
Provided, That in counties with population in excess of two hundred
thousand, at least seventy-five percent of the funds received from the Oil and Gas County Revenue
Fund shall be apportioned to and expended within the oil and gas producing area or areas of the
county, the oil and gas producing areas of each county to be determined generally by the State Tax
Commissioner:
Provided, however, That the moneys distributed to any county or municipality under the provisions of this section shall not be budgeted for personal services in an amount to exceed one-
fourth of the total amount of the moneys.
(i) (j) On or before March 28, 1997, and each March 28
thereafter, each county commission
or governing body of a municipality receiving any such moneys shall submit to the Tax
Commissioner on forms provided by the Tax Commissioner a special budget, detailing how the
moneys are to be spent during the subsequent fiscal year. The budget shall be followed in expending
the moneys unless a subsequent budget is approved by the State Tax Commissioner. All unexpended
balances remaining in the county or municipality general fund at the close of a fiscal year shall
remain in the general fund and may be expended by the county or municipality without restriction.
(j) (k) On or before December 15, 1996, and each December 15 thereafter, the Tax
Commissioner shall deliver to the Clerk of the Senate and the Clerk of the House of Delegates a
consolidated report of the budgets, created by subsection
(i) (j) of this section, for all county
commissions and municipalities as of July 15 of the current year.
(k) (l) The State Tax Commissioner shall retain for the benefit of the state from the dedicated
tax attributable to the severance of oil and gas the amount of $35,000 annually as a fee for the
administration of the additional tax by the Tax Commissioner."
The bill was then ordered to third reading.
Com. Sub. for S. B. 253, Amending insurance code with respect to holding companies; 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 sixty-three, section six-a, lines 20 through 30, by striking out
the provisions of subsection "(b)" in its entirety, and renumbering the remainder of the section
accordingly.
On motion of Delegate Miley, the bill was amended on page forty, section four, line thirty-
one, immediately following the word "commissioner", by striking out the words "and the national
association of insurance commissioners".
The bill was then ordered to third reading.
Com. Sub. for S. B. 461, Providing criminal penalty for violating restraining order entered
upon conviction for stalking or harassment; on second reading, coming up in regular order, was read
a second time and ordered to third reading.
Com. Sub. for S. B. 484, Relating to management agreements of Higher Education Policy
Commission; 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, 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 §18B-1E-1, §18B-1E-2, §18B-1E-3, §18B-1E-4, §18B-1E-5, §18B-1E-6, §18B-
1E-7, §18B-1E-8 and §18B-1E-9, all to read as follows:
ARTICLE 1E. MANAGEMENT AGREEMENTS FOR THE HIGHER EDUCATION
POLICY COMMISSION.
§18B-1E-1. Legislative findings and purpose.
(a) The Legislature finds that economic development in West Virginia depends in part on
collaborations developed between higher education and businesses and industry, particularly in the
advancement of new and emerging technologies. It is in the best interests of the citizens of the state
to implement programs which promote this research and contribute to the general economic welfare.
(b) The Legislature further finds that the transfer of property to the Commission to establish
the West Virginia Education, Research and Technology Park created a new and unprecedented
opportunity to promote research and development in the state. An efficiently managed Technology
Park will encourage private sector participation in and support for research and economic
development and will facilitate collaboration among the commission, the doctoral institutions and
their research corporations.
(c) It is the responsibility of the commission to ensure that the day to day operations of the Technology Park are carried out effectively and efficiently in order to provide the greatest investment
return to the people of West Virginia. To this end the Legislature finds that a mechanism is needed
to simplify and expedite property management and purchasing of equipment, material and personal
services.
(d) Therefore, the purpose of this article is to provide the commission with the authority
necessary to carry out its responsibilities related to the operation of the Technology Park. The
commission is authorized to enter into agreements and other contractual relationships with an
affiliated corporation in order to achieve maximum efficiency in managing the Technology Park.
§18B-1E-2. Definitions.
The following words used in this article have the meanings ascribed to them in this section
unless the context clearly indicates a different meaning:
(a) 'Affiliated corporation' or 'corporation' means a corporation which meets the essential
criteria prescribed in section three of this article and whose purpose is to provide management
services to the commission in carrying out the day to day operations of the Technology Park;
(b) 'Agreement' means an agreement or contractual relationship entered into between the
commission and an affiliated corporation pursuant to the provisions of this article;
(c) 'Board of directors' means the governing body of a corporation created pursuant to
section three of this article;
(d) 'Doctoral institution' means Marshall University or West Virginia University;
(e) 'Executive director' means the chief executive officer of an affiliated corporation
employed pursuant to section five of this article;
(f) 'Potential membership' means the total number of members who comprise the board of
directors when all membership seats are filled;
(g) 'Private sector member' means a director of an affiliated corporation who is not an
employee of the commission nor of any entity bearing a direct or indirect relationship to the
commission;
(h) 'Research corporation' means a corporation established with respect to Marshall
University or West Virginia University pursuant to section three, article twelve of this chapter; and
(i) 'Technology Park' means the state-owned West Virginia Education, Research and
Technology Park affiliated with the commission.
§18B-1E-3. Commission authorized to contract with corporation; corporation to meet
essential criteria; corporation membership and organization; financial
requirements.
(a) The commission is authorized to enter into agreements and any other contractual
relationships with an affiliated corporation formed as set forth in this article.
(b) The affiliated corporation shall meet the following essential criteria:
(1)
Corporation status. -- The corporation is organized as a non-profit, non-stock
corporation under the general corporation laws of the state exclusively for charitable, educational
or scientific purposes within the meaning of section 501(c) of the Internal Revenue Code of 1986,
as amended.
(2)
Corporation membership, meetings, officers. --
(A) Members of the board of directors of the affiliated corporation serve terms as prescribed
in the bylaws of the corporation and are selected by the commission in consultation with the
chancellor. The commission shall make all appointments to the board of directors by majority vote
of its members and shall include the individual votes as a part of the minute record.
(B) Private sector members shall constitute a majority of the potential membership of the
board of directors. Vacancies shall be filled in such a way that the majority status of private sector
membership is maintained.
(C) By July 1, 2011, and at least biennially thereafter, the board of directors shall elect a chair
from among its members.
§18B-1E-4. Powers and duties of board of directors and corporation.
(a) The primary responsibility of the corporation is to manage the day to day operations of the Technology Park through collaboration agreements with the commission. To that end, the board
of directors has the following powers and duties:
(1) To employ an executive director subject to the provisions of section five of this article;
(2) To approve employment of other staff recommended by the executive director as being
necessary and appropriate to carry out the purposes of this article and subject to agreements with the
commission;
(3) To serve as fiscal agent and provide additional services, including, but not limited to,
property management, human resources management, and purchasing;
(4) To meet as a governing body. A corporation created under this article is exempt from the
provisions of section three, article nine-a, chapter six of this code and from the provisions of article
one, chapter twenty-nine-b of this code;
(5) To receive, purchase, hold, lease, use, sell and dispose of real and personal property of
all classes, subject to the provisions of subdivision (8) of this subsection and section eight of this
article;
(6) To receive from any source whatsoever grants to be expended in accomplishing the
objectives of this article;
(7) To receive from any source whatsoever aid or contributions of money, property or other
things of value to be held, used and applied only for the purposes for which the aid or contributions
may be made;
(8) To accept and expend any gift, grant, contribution, bequest, endowment or other money
for the purposes of this article. Any transfer of endowment or other assets by the commission to the
corporation or by the corporation to the commission for management shall be formalized in a
memorandum of agreement to assure, at a minimum, that any restrictions governing the future
disposition of funds are preserved. The commission may not transfer ownership of the Technology
Park property to the corporation;
(9) To make, amend and repeal bylaws, rules and its governing documents consistent with the provisions of this article to effectuate the purpose and scope of the corporation;
(10) To alter the purpose or scope of the corporation; and
(11) To delegate the exercise of any of its powers except for the power to approve budgets
to the executive director, subject to the directions and limitations contained in its governing
documents.
(b) In addition to the powers and duties provided for in this section and any other powers and
duties that may be assigned to it by law or agreement, the corporation has other powers and duties
necessary to accomplish the objectives of this article or as provided by law.
§18B-1E-5. Appointment of executive director; qualifications.
(a) The commission shall set the qualifications for the position of executive director and shall
conduct a thorough search for qualified candidates. A qualified candidate is one who meets at least
the following criteria:
(1) Possesses a broad understanding of the relationship between public and private sector
research and the need for cooperation and collaboration among the commission and the research
corporations;
(2) Holds at least a bachelor's degree in a field related to the duties and responsibilities of
the position of executive director;
(3) Demonstrates strong communication skills and the ability to work with all types of
businesses and industry, government agencies and higher education institutions; and
(4) Possesses other skills, qualifications or attributes as the commission considers appropriate
or desirable.
(b) The commission shall select the executive director for the corporation and may not
delegate this duty to the chancellor. The executive director may have dual appointment with the
commission, but may not be a corporation director.
(1) The commission shall appoint the executive director by majority vote of its members and
shall include the vote as a part of the minute record.
(2) The executive director shall inform the board of directors and the commission annually
of his or her employment status with any other institution, agency or organization.
(c) The day to day operations of the corporation are under the control and supervision of the
executive director. With the approval of the board of directors the executive director may employ
staff as necessary to carry out the corporation's purposes as set forth in this article.
§18B-1E-6. Agreements; required provisions.
(a) The commission may enter into agreements or other contractual relationships with a
corporation that meets the conditions set forth in section three of this article. Any agreement shall
specify that the corporation is accountable to the commission for the efficient operations of the
Technology Park.
(b) On the effective date of the agreement, the corporation becomes the fiscal agent for
operations of the Technology Park on behalf of the commission pursuant to terms of the agreement.
(c) If an agreement is terminated, the funds, contributions or grants paid or held by the
corporation and not encumbered or committed prior to termination shall be distributed as provided
for in the agreement.
(d) If made part of the agreement, the corporation may use services of both corporation
employees and personnel of the commission. The corporation may pay the costs incurred by the
commission, including personnel funded on grants and contracts, fringe benefits of personnel funded
on grants and contracts, administrative support costs and other costs which may require
reimbursement. The corporation may include as costs any applicable overhead and fringe benefit
assessments necessary to recover the costs expended by the commission, pursuant to the terms of the
agreement, and the commission may be reimbursed for expenses incurred by it pursuant to the
agreement.
§18B-1E-7. Audits required; financial reports; conflicts of interest.
(a) The financial statements of the corporation shall be audited annually by an independent
certified public accountant or firm. Within thirty days of completion, the financial audit report shall be presented to the corporation's board of directors for approval, after which a copy of the financial
audit and required statements shall be submitted to the commission.
(b) Notwithstanding any other provision of this code to the contrary, any officer or employee
of the commission, who is not the executive director of the corporation, may hold an appointment
as a member and as an officer of the corporation board of directors.
§18B-1E-8. No waiver of sovereign immunity; not obligation of the state.
(a) Nothing contained in this article waives or abrogates in any way the sovereign immunity
of the state or deprives the commission or any officer or employee of the commission of sovereign
immunity.
(b) Obligations of the board of directors or the corporation do not constitute debts or
obligations of the commission or the state.
§18B-1E-9. Legislative findings and intent; memorandum of agreement required; terms and
conditions; reports.
(a) The Legislature finds that the Technology Park is a diversified, multi-tenant research,
development and commercialization park focused on energy, chemicals and other sciences and
technologies for the advancement of education and economic development in West Virginia. The
areas of primary research and development include energy, chemicals and materials, and
biotechnology. It is the intent of the Legislature to provide the commission with the tools needed
to manage the Technology Park and facilitate the translation of state investment dollars in higher
education and research into business and economic growth that will provide tangible benefits for the
citizens of the state.
(b) To achieve the goals set forth in this section, it is essential that the commission include
in its research and development efforts the talents and expertise available at the doctoral institutions
and their research corporations. Therefore, by July 1, 2011, the commission shall enter into a
memorandum of agreement with the research corporations to delineate the role each party will play
in furthering the goals of research and economic development as set forth in this article. The
agreement shall focus on collaboration and cooperation among the commission and the two research corporations.
(1) The agreement is not effective until all parties have agreed to the included terms and
conditions.
(2) The commission shall file a report, including a copy of the completed agreement and any
relevant documents, with the Joint Committee on Government and Finance and the Legislative
Oversight Commission on Education Accountability by July 15, 2011.
(3) The agreement may be amended by mutual consent of the parties. Within fifteen days
of the date a new agreement is signed, the commission shall file a report as provided in subdivision
(2) of this subsection."
The bill was then ordered to third reading.
S. B. 546, Relating to municipal police and firefighter pensions; 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 five, section eighteen-a, line seventy, following the word "and",
by striking out the word "article" and inserting in lieu thereof the word "
chapter".
The bill was then ordered to third reading.
Com. Sub. for S. B. 550, Relating generally to gaming at licensed racetracks and historic
resort hotels; on second reading, coming up in regular order, was read a second time, advanced to
third reading with an amendment pending, and the rule was suspended to permit the offering and
consideration of the amendment that reading.
S. B. 563, Authorizing municipalities to create deferred retirement option plans for certain
employees; 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 six, section twenty-five-a, line eighty-seven, following the word
"design", by changing the period to a colon and inserting the following "
Provided, That if the
employee is terminated for cause during the participation period, the member may terminate participation with thirty days notice and the deferred accumulation balance shall be paid without
interest according to the DROP design".
And,
On page six, section twenty-five-a, line one hundred six, following the word "accumulates"
and the period, by inserting "
During the period of time the member continues to work beyond the
end of the DROP participation period with the consent of the employer, the employer shall continue
to make regular contributions to the employee's pension and relief fund.".
The bill was then ordered to third reading.
S. B. 581, Changing beginning date for early voting; allowing Saturday early voting; 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 section, by striking out the
remainder of the bill and inserting in lieu thereof the following language:
"
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-3. Early voting in person.
(a) The voting period for early in-person voting is to be conducted during regular business
hours beginning on the
twentieth thirteenth day before the election and continuing through the third
day before the election.
For any election held on a Tuesday, the Additionally, early
voting period
for in-person voting is to be available from 9:00 a.m. to 5:00 p.m. on
the two Saturdays
prior to the
election during the early voting period.
(b) Any person desiring to vote during the period of early in-person voting shall, upon
entering the election room, clearly state his or her name and residence to the official or representative
designated to supervise and conduct absentee voting. If that person is found to be duly registered
as a voter in the precinct of his or her residence, he or she
shall be is required to sign his or her name
in the space marked 'signature of voter' on the pollbook. If the voter is unable to sign his or her
name due to illiteracy or physical disability, the person assisting the voter and witnessing the mark of the voter shall sign his or her name in the space provided. No ballot may be given to the person
until he or she signs his or her name on the pollbook.
(c) When the voter's signature or mark is properly on the pollbook, two qualified
representatives of the official designated to supervise and conduct absentee voting shall sign their
names in the places indicated on the back of the official ballot.
(d) If the official designated to supervise and conduct absentee voting determines that the
voter is not properly registered in the precinct where he or she resides, the clerk or his or her
representative shall challenge the voter's absentee ballot as provided in this article.
(e) The official designated to supervise and conduct absentee voting shall provide each
person voting an absentee ballot in person the following items to be printed as prescribed by the
Secretary of State:
(1) In counties using paper ballots, one of each type of official absentee ballot the voter is
eligible to vote, prepared according to law;
(2) In counties using punch card systems, one of each type of official absentee ballot the voter
is eligible to vote, prepared according to law, and a gray secrecy envelope;
(3) In counties using optical scan systems, one of each type of official absentee ballot the
voter is eligible to vote, prepared according to law, and a secrecy sleeve; or
(4) For direct recording election systems, access to the voting equipment in the voting booth.
(f) The voter shall enter the voting booth alone and there mark the ballot:
Provided, That the
voter may have assistance in voting according to the provisions of section four of this article. After
the voter has voted the ballot or ballots, the absentee voter shall: Place the ballot or ballots in the
gray secrecy envelope and return the ballot or ballots to the official designated to supervise and
conduct the absentee voting:
Provided, however, That in direct recording election systems, once the
voter has cast his or her ballot, the voter shall exit the polling place.
(g) Upon receipt of the voted ballot, representatives of the official designated to supervise
and conduct the absentee voting shall:
(1) Remove the ballot stub;
(2) Place punch card ballots and paper ballots into one envelope which shall not have any
marks except the precinct number and seal the envelope;
and
(3) Place ballots for all voting systems into a ballot box that is secured by two locks with a
key to one lock kept by the president of the county commission and a key to the other lock kept by
the county clerk.
(4) Due to the reenactment of this section by the Legislature in the two thousand three regular
session removing authorization for early in-person voting on the Monday prior to a Tuesday election,
to assure notice to all persons that voted on the Monday before the Tuesday election day of the two
thousand two general election are made aware of this change, the clerk of each county shall, for the
primary election of the year two thousand four, include along with the sample ballots published in
local newspapers as required by this chapter a notice to voters that Monday in-person voting will no
longer be available."
The bill was then ordered to third reading.
S. B. 608, Increasing fees for services and documents issued by DMV; 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 thirty, following line thirteen, by inserting a new section to read
as follows:
"
ARTICLE 6D. DAILY PASSENGER RENTAL CAR BUSINESS.
§17A-6D-16. Vehicle license cost recovery fee charged by daily passenger rental car company.
(a) As used in this section:
(1) 'Vehicle license costs' means the costs incurred by a daily passenger rental car company
for licensing, titling, registration, property tax, plating, and inspecting rental motor vehicles; and
(2) 'Vehicle license cost recovery free' means a charge on a vehicle rental transaction
originating within this state that is separately stated on the rental agreement to recover vehicle license costs.
(b) Method for vehicle cost recovery.
(1) If a daily passenger car rental company includes a vehicle license cost recovery free as
a separately stated charge in a rental transaction, the amount of the fee shall represent the company's
good-faith estimate of the daily passenger rental car daily charge to recover its actual total annual
vehicle license costs.
(2) If the total amount of the vehicle license cost recovery fees collected by a daily passenger
rental car company under this section in any calendar year exceeds the company's actual vehicle
license costs, the daily passenger car rental company shall:
(A) Retain the excess amount; and
(B) Adjust the vehicle cost recovery fee for the following calendar year by a corresponding
amount.
(c) Nothing in this section shall prevent a daily passenger car rental company from including,
or making adjustments during the calendar year to, separately stated surcharges, fees, or charges in
the rental agreement, which may include but are not limited to vehicle license cost recovery fees,
airport access fees, airport concession fees, consolidated facility charges, and all applicable taxes."
On page thirty-one, section three, line eight, following the words "this class", by striking out
"
are is $28.50:" and inserting in lieu thereof "
is $45.00."
On page thirty-one, section three, beginning on line nine, by striking out the following:
"(A) $38.50 for declared gross weights less than 4001 pounds; and
(B) $58.50 for declared gross weights of 4001 pounds to 8000 pounds."
On page sixty-one, section two, line nine, following the words "
five dollars", by striking out
"
$10" and inserting in lieu thereof "
$5".
On page sixty-one, section two, line nine, following the words "for each abstract" and the
period, by inserting the following:
"
For calendar year 2012, the commissioner shall collect $7.50 for each abstract. Beginning
January 1, 2013, the commissioner shall collect $10 for each abstract: Provided, That an auto insurer
domiciled the state of West Virginia shall pay no more than $10 for each abstract, including any
administrative fee arising from the transaction."
And,
On page two, following the enacting clause, by striking out the enacting section of the bill
and inserting in lieu thereof the following:
"That §17A-2-13 of the Code of West Virginia, 1931, as amended, be amended and
reenacted; that §17A-3-4 of said code be amended and reenacted; that §17A-4-1 and §17A-4-10 of
said code be amended and reenacted; that §17A-4A-10 of said code be amended and reenacted; that
§17A-10-3, §17A-10-10 and §17A-10-11 of said code be amended and reenacted; that §17B-2-1,
§17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-8 and §17B-2-11 of said code be amended and reenacted;
that §17D-2-2 of said code be amended and reenacted, and that said code by amended by adding
thereto a new section, designated §17A-6D-16, all to read as follows" and a colon.
On motion of Delegate White, the bill was amended on page three, following the enacting
section, by inserting a new section to read as follows:
"
§17-3-1. What constitutes fund; payments into fund; use of money in fund.
There shall be a state road fund, which shall consist of the proceeds of all state license taxes
imposed upon automobiles or other motor or steam driven vehicles; the registration fees imposed
upon all owners, chauffeurs, operators and dealers in automobiles or other motor driven vehicles;
all sums of money which may be donated to such fund; all proceeds derived from the sale of state
bonds issued pursuant to any resolution or act of the Legislature carrying into effect the "Better
Roads Amendment" to the Constitution of this state, adopted in November, 1964, except that the
proceeds from the sale of these bonds shall be kept in a separate and distinct account in the state road
fund; all proceeds from the sale of state bonds issued pursuant to any resolution or act of the
Legislature carrying into effect the "Safe Roads Amendment of 1996" to the Constitution of this
state, adopted in the November, 1996, except that the proceeds from the sale of these bonds shall be kept in a separate and distinct account in the state road fund; all moneys and funds appropriated to
it by the Legislature; and all moneys allotted or appropriated by the federal government to this state
for road construction and maintenance pursuant to any act of the Congress of the United States; the
proceeds of all taxes imposed upon and collected from any person, firm or corporation and of all
taxes or charges imposed upon and collected from any county, district or municipality for the benefit
of the fund; the proceeds of all judgments, decrees or awards recovered and collected from any
person, firm or corporation for damages done to, or sustained by, any of the state roads or parts
thereof; all moneys recovered or received by reason of the violation of any contract respecting the
building, construction or maintenance of any state road; all penalties and forfeitures imposed,
recovered or received by reason thereof; and any and all other moneys and funds appropriated to,
imposed and collected for the benefit of such fund, or collected by virtue of any statute and payable
to such fund:
Provided, That notwithstanding any provisions of this code to the contrary, 50¢ of
every license fee paid pursuant to the provisions of subdivision (2), subsection (a), section eight,
article two, chapter seventeen-b of this code shall be paid to the special fund established pursuant
to the provisions of subsection (a), section twelve, article two, chapter three of this code.
When any money is collected from any of the sources aforesaid, it shall be paid into the State
Treasury by the officer whose duty it is to collect and account for the same, and credited to the state
road fund, and shall be used only for the purposes named in this chapter, which are: (a) To pay the
principal and interest due on all state bonds issued for the benefit of said fund, and set aside and
appropriated for that purpose; (b) to pay the expenses of the administration of the road department;
and (c) to pay the cost of maintenance, construction, reconstruction and improvement of all state
roads
. : Provided, that, notwithstanding any provision of this code to the contrary, all revenue
generated from the increased fees authorized in chapters seventeen-a, seventeen-b and seventeen-d
during the 2011 Regular Session of the Legislature shall be expended for construction and
maintenance of roads and bridges on secondary roads: Provided, however, that the revenue generated
by said fee increases shall not be utilized to supplant or otherwise replace any other funds for
secondary roads."
And,
By striking out the enacting section of the bill and inserting in lieu thereof the following:
"That §17-3-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
that §17A-2-13 of said code be amended and reenacted; that §17A-3-4 of said code be amended and
reenacted; that §17A-4-1 and §17A-4-10 of said code be amended and reenacted; that §17A-4A-10
of said code be amended and reenacted; that §17A-10-3, §17A-10-10 and §17A-10-11 of said code
be amended and reenacted; that §17B-2-1, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-8 and §17B-2-
11 of said code be amended and reenacted; that §17D-2-2 of said code be amended and reenacted,
and that said code by amended by adding thereto a new section, designated §17A-6D-16, all to read
as follows" and a semi-colon.
The bill was then ordered to third reading.
S. B. 614, Permitting specific law-enforcement officials access to certain confidential
pharmaceutical information; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was
reported by the Clerk and adopted, amending the bill on page two, section five, line eight, following
the word "as", by striking out the words "a member" and inserting in lieu thereof the word
"members".
On page three, section five, line thirty, following the word "prescribe", by inserting "or
dispense".
On page four, line thirty-four, following the word "patient", by adding a colon and the
following:
"
Provided, That the small team established in subsection (b) is authorized to query the
database to comply with subsection (b).
On page four, section five, line forty-two, following the word "communicating", by inserting
the words "with appropriate law enforcement agencies as determined by the small team established
in subsection (b) of this section" and a comma.
On page four, section five, line forty-three, following the word "or", by striking out the word "by" and inserting in lieu thereof, the word "with".
On page four, section five, line forty-five, following the word "patients" and the period by
inserting the following:
"Only in those cases in which there is reasonable suspicion to believe a breach of
professional or occupational standards may have occurred, the team established in subsection (b)
shall notify the appropriate professional licensing agency with jurisdiction over prescribers or
dispensers and shall provide prescription monitoring information required by the small team
established in subsection (b) of this section."
On page five, section five, line seventy-one, following the word "Care", by striking out the
comma and inserting the word "and".
On page five, section five, line seventy-three, following the word "Family", by striking out
the word "Practice".
On page five, section five, line seventy-three following the word "Physicians", by striking
out the following "and a representative of a controlled substance wholesaler chosen by the Board of
Pharmacy".
On page six, section five, line seventy-eight, following the word "for", by striking out the
word "both".
On page six, section five, line seventy eight, following the word "patients", by deleting the
words "and health care professionals".
On page six, section five, line eighty, following the word "section" and the period, by
deleting the subsection (C) in its entirety and relettering subsection (D).
On page six, section five, line eighty-nine, by striking out subsection (b) and inserting in lieu
thereof the following:
"(b) The Board of Pharmacy shall create a small team of individuals consisting of two law
enforcement personnel representing the federally affiliated drug task forces, two physicians with
specialties which require extensive use of controlled substances, and a pharmacist who is knowledgeable about the use and abuse of controlled substances. The team 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. This team shall query the
database and make determinations on a case-by-case basis on specific unusual prescribing patterns
indicated by outliers in the system that could determine a need for further action by law enforcement
or the licensing board which has jurisdiction over the prescribers or dispensers under consideration.
The number of cases identified shall be determined by the small team based on a number that can
be adequately reviewed by the team."
On page seven, section five, line one hundred five, following the word "for, by striking out
the word "both".
On page seven, section five, line one hundred five, following the word "patients", by deleting
the words "and health care professionals".
On page nine, section five, line one hundred forty-two, following the word "to", by deleting
the word "requirea" and replacing in lieu thereof the word "require".
The bill was then ordered to third reading.
Com. Sub. for H. B. 2012, Budget Bill, making appropriations of public money out of the
treasury in accordance with section fifty-one, article six of the Constitution; on second reading,
coming up in regular order, with an amendment pending was read a second time, advanced to third
reading and the rule was suspended to permit the offering and consideration of the amendment on
that reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
S. B. 35, Increasing nonfamily adoption tax credit,
S. B. 192, Protecting consumers from price gouging and unfair pricing practices,
Com. Sub. for S. B. 245, Relating to protection of Chesapeake Bay Watershed,
S. B. 285, Extending time frame practitioners must write prescriptions on official
tamper-resistant paper,
S. B. 329, Updating provisions of sales and use tax,
Com. Sub. for S. B. 330, Relating to higher education personnel generally,
Com. Sub. for S. B. 335, Authorizing certain municipalities regulate taxis and taxi stands
by ordinance,
Com. Sub. for S. B. 344, Relating to special method for appraising qualified capital
additions to manufacturing facilities,
S. B. 366, Relating to Underground Storage Tank Administrative Fund,
S. B. 375, Authorizing Higher Education Policy Commission collect and disseminate
information concerning higher education institutions,
S. B. 376, Permitting unit owners' associations institute legal action to collect dues,
Com. Sub. for S. B. 391, Relating to community voting locations generally,
S. B. 428, Increasing fees charged by clerk of circuit court for medical professional liability
actions,
S. B. 435, Amending insurance code with respect to surplus lines insurance,
Com. Sub. for S. B. 439, Clarifying that filing of manufactured housing complaint with state
regulatory board is prerequisite for lawsuit,
Com. Sub. for S. B. 472, Relating to portable electronics insurance,
Com. Sub. for S. B. 474, Relating to manufacturer's liability for prescription drug warning
or instruction,
Com. Sub. for S. B. 488, Revising HIV testing statute to conform with most recent
recommendations from CDC,
Com. Sub. for S. B. 532, Relating to fraud and abuse in Medicaid program,
Com. Sub. for S. B. 560, Relating to confidentiality of Health Care Authority's rate-setting model,
Com. Sub. for S. B. 570, Creating Volunteer for Nonprofit Youth Organizations Act ,
And,
H. B. 3272, Making supplementary appropriations to various agencies.
Delegate Hartman announced that he was absent on today when the votes were taken on Roll
Nos. 282, and that had he been present, he would have voted "Yea" thereon.
Messages from the Senate
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. 2479, Relating to dental anesthesia.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On pages twenty-eight and twenty-nine, section eight, by striking out all of subsection (b) and
inserting in lieu thereof a new subsection (b), to read as follows:
"(b) A dentist utilizing a licensed dentist who holds a current anesthesia permit issued by the
Board shall have his or her office inspected to the level of the permit held by the anesthesia permit
holder. The office is only approved at that level when the anesthesia permit holder is present and
shall have the number of qualified monitors present as required by this article."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
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. 302), 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: Crosier.
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. 2479) 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. 2818, Increasing the allowable expense that may be paid for the
clean-up of real property damage by a meth lab.
On motion of Delegate Boggs, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by striking out everything after the enacting section and inserting in lieu thereof
the following:
"
ARTICLE 2A. COMPENSATION AWARDS TO VICTIMS OF CRIMES.
§14-2A-3. Definitions.
As used in this article, the term:
(a) 'Claimant' means any of the following persons, whether residents or nonresidents of this
state, who claim an award of compensation under this article:
(1) A victim, except the term 'victim' does not include a nonresident of this state where the
criminally injurious act did not occur in this state;
(2) A dependent, spouse or minor child of a deceased victim or,
in the event that the if the
deceased victim is a minor, the parents, legal guardians and siblings of the victim;
(3) A third person, other than a collateral source, who legally assumes or voluntarily pays the
obligations of a victim or
of a dependent of a victim which a victim's dependent when the
obligations are incurred as a result of the criminally injurious conduct that is the subject of the claim;
(4) A person who is authorized to act on behalf of a victim, dependent or a third person who is not a collateral source including, but not limited to, assignees, persons holding power of attorney
or
other persons others who hold authority to make or submit claims in place of or on behalf of a
victim, a dependent or third person who is not a collateral source and
in the event that if the victim,
dependent or third person who is not a collateral source is a minor or other legally incompetent
person,
the their duly qualified fiduciary;
of the minor;
(5) A person who is a secondary victim in need of mental health counseling due to the
person's exposure to the crime committed
An award to a secondary victim whose award may not
exceed $1,000; and
(6) A person who owns real property damaged by the operation of a methamphetamine
laboratory without the knowledge or consent of the owner of the real property.
(b) 'Collateral source' means a source of benefits or advantages for economic loss otherwise
compensable that the victim or claimant has received or that is readily available to him or her from
any of the following sources:
(1) The offender, including
any restitution received from the offender pursuant to an order
by a court
of law sentencing the offender or placing him or her on probation following a conviction
in a criminal case arising from the criminally injurious act for which a claim for compensation is
made;
(2) The government of the United States or
any of its agencies, a state or
any of its political
subdivisions or an instrumentality of two or more states;
(3) Social Security, Medicare and Medicaid;
(4) State-required, temporary, nonoccupational disability insurance
or other disability
insurance;
(5) Workers' compensation;
(6) Wage continuation programs of
any an employer;
(7) Proceeds of a contract of insurance payable to the victim or claimant for loss that was
sustained because of the criminally injurious conduct;
(8) A contract providing prepaid hospital and other health care services or benefits for
disability; and
(9) That portion of the proceeds of all contracts of insurance payable to the claimant on
account of the death of the victim which exceeds $25,000.
(c) 'Criminally injurious conduct' means conduct that occurs or is attempted in this state, or
in any state not having a victim compensation program, which
by its nature poses a substantial threat
of personal injury or death and is punishable by fine,
or imprisonment or death or would be so
punishable but for
the fact that the person engaging in the conduct lacked capacity a finding by a
court of competent jurisdiction that the person committing the crime lacked capacity. Criminally
injurious conduct also includes criminally injurious conduct committed outside of the United States
against a resident of this state. Criminally injurious conduct does not include conduct arising out
of the ownership, maintenance or use of a motor vehicle
except when unless the person engaging in
the conduct intended to cause personal injury or death or
when the person engaging in the conduct
committed negligent homicide, driving under the influence of alcohol, controlled substances or
drugs,
reckless driving or when the person leaves leaving the scene of the accident
or reckless
driving.
(d) 'Dependent' means an individual who received over half of his or her support from the
victim. For the purpose of
determining whether an individual received over half of his or her support
from the victim, making this determination there shall be taken into account the amount of support
received from the victim as compared to the entire amount of support
which the individual received
from all sources including
support which the individual himself or herself supplied. self-support.
The term 'support' includes, but is not limited to, food, shelter, clothing, medical and dental care and
education. The term 'dependent' includes a child of the victim born after his or her death.
(e) 'Economic loss' means economic detriment consisting only of allowable expense, work
loss and replacement services loss. If criminally injurious conduct causes death, economic loss
includes a dependent's economic loss and a dependent's replacement services loss. Noneconomic
detriment is not economic loss, however, economic loss may be caused by pain and suffering or physical impairment. For purposes of this article, the term 'economic loss' includes a lost
scholarship as defined in this section.
(f) (1) 'Allowable expense' means reasonable charges incurred or to be incurred for
reasonably needed products, services and accommodations, including those for medical care, mental
health counseling, prosthetic devices, eye glasses, dentures, rehabilitation and other remedial
treatment and care.
(f) 'Allowable expense' includes the following:
(1) Reasonable charges incurred or to be incurred for reasonably needed products, services
and accommodations including those for medical care, mental health counseling, prosthetic devices,
eye glasses, dentures, rehabilitation and other remedial treatment and care but does not include that
portion of a charge for a room in a hospital, clinic, convalescent home, nursing home or other
institution engaged in providing nursing care and related services which is in excess of a reasonable
and customary charge for semiprivate accommodations unless accommodations other than
semiprivate accommodations are medically required;
(2)
Allowable expense includes A total charge not in excess of
$7,000 $10,000 for expenses
in any way related to funerals, cremations and burials;
It does not include that portion of a charge
for a room in a hospital, clinic, convalescent home, nursing home or any other institution engaged
in providing nursing care and related services in excess of a reasonable and customary charge for
semiprivate accommodations unless accommodations other than semiprivate accommodations are
medically required.
(3) Allowable expense also includes:
(A) (3) A charge, not to exceed
five thousand dollars $10,000, for cleanup of real property
damaged by a methamphetamine laboratory or a charge not to exceed $1,000 for any other crime
scene cleanup;
(B) (4) Victim relocation costs not to exceed $2,000;
(C) (5) Reasonable travel expenses not to exceed $1,000 for a claimant to attend court proceedings
that are conducted for the prosecution of the offender;
(D) (6) Reasonable travel expenses for a claimant to return a person who is a minor or
incapacitated adult who has been unlawfully removed from this state to another state or country if
the removal constitutes a crime under the laws of this state
Reasonable travel expenses to another
state for that purpose may not exceed $2,000 and reasonable travel expenses for that purpose to
another county may not exceed $3,000; and which may not exceed $2,000 for expenses to another
state or $3,000 to another country; and
(E) (7) Reasonable travel expenses for the transportation of a victim to and from a medical
facility.
(g) 'Work loss' means loss of income from work that the injured person would have
performed if he or she had not been injured and expenses reasonably incurred or to be incurred by
him or her to obtain services in lieu of those he or she would have performed for income.
'Work
loss' is reduced by
any income from substitute work actually performed or to be performed by him
or her or by income he or she would have earned in available appropriate substitute work that he or
she was capable of performing but unreasonably failed to undertake. 'Work loss' also includes loss
of income from work by the parent or legal guardian of a minor victim who must miss work to take
care of the minor victim.
(h) 'Replacement services loss' means expenses reasonably incurred or to be incurred in
obtaining ordinary and necessary services in lieu of those the injured person would have performed
not for income but for the benefit of himself or herself or his or her family if he or she had not been
injured.
'Replacement services loss' does not include services an injured person would have
performed to generate income.
(i) 'Dependent's economic loss' means loss after a victim's death of contributions or things
of economic value to his or her dependents
not including but does not include services they would
have received from the victim if he or she had not suffered the fatal injury.
less expenses of the
dependents avoided by reason of the victim's death. This amount is reduced by expenses avoided
by the dependent due to the victim's death.
(j) 'Dependent's replacement service loss' means loss reasonably incurred or to be incurred
by dependents after a victim's death in obtaining ordinary and necessary services in lieu of those the
victim would have performed for their benefit if he or she had not suffered the fatal injury.
less
expenses of the dependents avoided by reason of the victim's death and not This amount is reduced
by expenses avoided due to the victim's death but which are not already subtracted in calculating
a
dependent's economic loss.
(k) 'Victim' means
the following:
(1) A person who suffers personal injury or death as a result of any one of the following:
(1) (A) Criminally injurious conduct;
(2) (B) The good faith effort of the person to prevent criminally injurious conduct;
or
(3) (C) The good faith effort of the person to apprehend a person that the injured person has
observed engaging in criminally injurious conduct or who the injured person has reasonable cause
to believe has engaged in criminally injurious conduct immediately prior to the attempted
apprehension.
'Victim' includes the owner of real property damaged by the operation of a
methamphetamine laboratory.
(2) The owner of real property damaged by the operation of a methamphetamine laboratory
which operation was without his or her knowledge or consent.
(l) 'Contributory misconduct' means any conduct of the claimant or of the victim through
whom the claimant claims an award that is unlawful or intentionally tortious and that, without regard
to the conduct's proximity in time or space to the criminally injurious conduct, has
a causal
relationship to the criminally injurious conduct that is the basis of the claim and
shall also include
includes the voluntary intoxication of the claimant, either by the consumption of alcohol or the use
of any controlled substance, when the intoxication has a causal connection or relationship to the
injury sustained.
(m) 'Lost scholarship' means a scholarship, academic award, stipend or other monetary
scholastic assistance which had been awarded or conferred upon a victim in conjunction with a post-secondary school educational program and which the victim is unable to receive or use, in whole or
in part, due to injuries received from criminally injurious conduct."
And,
By amending the title of the bill to read as follows:
Com. Sub. for H. B. 2818 - ""A Bill to amend and reenact §14-2A-3 of the Code of West
Virginia, 1931, as amended, relating to increasing the allowable expense under the Crime Victims
Award Program; increasing the amount that may be paid for the clean-up of real property damage
by a methamphetamine laboratory; increasing allowable reimbursement for funeral expenses; and
making technical revisions."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendment.
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. 303), and there were--yeas
98, nays 1, absent and not voting 1, with the nays and absent and not voting being as follows:
Nays: Walker.
Absent and Not Voting: Crosier.
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. 2818) 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. 2876, Expanding eligibility for subsidies to enrollees in the model
health plan.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate, with amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 32, The "Ensign Melvin G. Livesay Memorial Bridge".
On motion of Delegate Boggs, the resolution was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, in the first Resolved clause, by striking out "13-3-0.41" and inserting in lieu
thereof "13-3-0.01".
And,
By amending the title of the resolution to read as follows:
H. C. R. 32 - "Requesting the Division of Highways to name the new bridge in Alderson,
West Virginia on Route 3, bridge number 13-3-0.01, as the "Ensign Melvin G. Livesay Memorial
Bridge."
On motion of Delegate Boggs, the House of Delegates concurred in the Senate amendments.
The question before the House being the adoption of the resolution, the same was put and
prevailed.
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 the adoption by the Senate, without amendment, of a
concurrent resolution of the House of Delegates as follows:
H. C. R. 86,
The "PFC Roger Lee Byus Memorial Bridge".
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. 90, The "Campbell Memorial Bridge".
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, to take effect from passage, of
Com. Sub. for S. B. 282, Continuing Highway Design-Build Pilot Program.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
S. B. 617 - "A Bill making a supplementary appropriation of federal funds from the balance
of moneys remaining unappropriated for the fiscal year ending June 30, 2011, to the Department of
Education and the Arts - Department of Education and the Arts - Office of the Secretary, fund 8841,
fiscal year 2011, organization 0431, and to the Department of Health and Human Resources -
Division of Health - West Virginia Safe Drinking Water Treatment, fund 8824, fiscal year 2011,
organization 0506, by supplementing and amending the appropriations for the fiscal year ending June
30, 2011."
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
S. B. 618 - "A Bill supplementing, amending, decreasing and increasing items of the existing
appropriations from the State Road Fund to the Department of Transportation - Division of
Highways, fund 9017, fiscal year 2011, organization 0803, and to the Department of Transportation -
Office of Administrative Hearings, fund 9027, fiscal year 2011, organization 0808, for the fiscal year
ending June 30, 2011."
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
S. B. 619 - "A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending June 30, 2011, to the Department of Military
Affairs and Public Safety - West Virginia Division of Corrections - Parolee Supervision Fees, fund
6362, fiscal year 2011, organization 0608, to the Department of Military Affairs and Public Safety -
West Virginia State Police - Motor Vehicle Inspection Fund, fund 6501, fiscal year 2011,
organization 0612, to the Department of Revenue - Office of the Secretary - State Debt Reduction
Fund, fund 7007, fiscal year 2011, organization 0701, and to the Department of Transportation -
Public Port Authority - Special Railroad and Intermodal Enhancement Fund, fund 8254, fiscal year
2011, organization 0806, all supplementing and amending the appropriation for the fiscal year ending
June 30, 2011."
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 53 - "Requesting the Division of Highways to name bridge number 30-3/5-3.01, in
Mingo County, the 'Brittany Nicole Dentro Memorial Bridge'."
Whereas, Brittany Nicole Dentro was born at Williamson Memorial Hospital in 1991, the
daughter of Tony and Ginger Dentro; and
Whereas, Brittany Nicole Dentro lived in Lenore, West Virginia, where she attended Lenore
from Kindergarten through the 8
th grade and played softball, basketball and was a cheerleader; and
Whereas, Brittany Nicole Dentro attended Logan High School, where she participated in
many activities, including coaching the Tug Valley Midget League cheerleading team; and
Whereas, Brittany Nicole Dentro loved spending time with her sisters, Alisha and Heather;
and
Whereas, Brittany Nicole Dentro was diagnosed with juvenile diabetes at the age of 8; and
Whereas, Brittany Nicole Dentro attended a diabetes camp in Wheeling and Charleston,
West Virginia, Camp Kno-Koma, where she eventually became a counselor to help others with other young children diagnosed with diabetes; and
Whereas, Brittany Nicole Dentro enjoyed helping her grandfather operate his convenience
store and helping her grandmother with patients in the ICU at Williamson Memorial Hospital; and
Whereas, Brittany Nicole Dentro would have graduated from Logan High School in May
2009, and was planning to attend Marshall University, where she was accepted in the nursing
program and planned on becoming a registered nurse; and
Whereas, Sadly, Brittany Nicole Dentro passed on April 20, 2009, bringing to an end a
young, precious life that was filled with compassion and love for others and unlimited potential; and
Whereas, Brittany Nicole Dentro left behind a host of family and friends all of whom will
miss her dearly; and
Whereas, It is fitting, to name this bridge as a memorial to the life of Brittany Nicole
Dentro; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 30-
3/5-3.01, in Mingo County, the "Brittany Nicole Dentro Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Brittany Nicole Dentro Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and the family of Brittany Nicole
Dentro.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 54 - "Requesting the Joint Committee on Government and Finance to study the
scope of practice of health care professions and the need for the establishment of a commission to make independent recommendations to the Legislature on scope of practice issues."
Whereas, This Legislature is committed to availability, access and affordability of patients
to high quality health care services by licensed health care professionals; and
Whereas, There is a demonstrated need to examine the scope of practice expansion
proposals that are proposed for legislative consideration and those currently in statute; and
Whereas, The regulation of health care professions is designed to protect the public and
enhance patient access to competent health care delivery services; and
Whereas, Health care is an evolving, dynamic system and changes in the scope of practice
are inherent in health care delivery; and
Whereas, Scope of practice issues for health care delivery is often a complex and
contentious process; and
Whereas, Changes to the scope of practice should recognize the established history of the
practiced scope within health care professions, a recognition of the education and training received
by a particular health care discipline, evidence supporting the need for a change to the scope of
practice and the appropriate regulatory environment; and
Whereas, The interim study would provide an opportunity for a professional licensure
discussion by and between health care regulatory boards, education and training institutions, citizens,
advocates, patients, health care professionals, and lawmakers; and
Whereas, The interim study would also allow the opportunity to discuss any appropriate
expansion of the scope of practice for various health care boards or modification to current statutory
provisions; and
Whereas, The interim study would compare national minimum requirements for health care
professionals; and
Whereas, The interim study would examine educational comparisons of health care
professionals; and
Whereas, The interim study would address the didactic and clinical training and continuing
education of health professionals; and
Whereas, the interim study would review the supervised educational experience and practice
for health care professionals; and
Whereas, The interim study would evaluate the statutory and regulatory requirements of
health care professionals in other states; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the scope
of practice of health care professions and the need for the establishment of a commission to make
independent recommendations to the Legislature on scope of practice issues; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2012, 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.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 57 - "Requesting the Joint Committee on Government and Finance study the
implementation of a standardized highway signage program to direct visitors to unique, tourist-
oriented businesses in rural West Virginia.
Whereas, Economic impact from direct travel spending in West Virginia totaled $4.38
billion in 2008; and
Whereas, In 2008, travel spending directly supported 44,000 jobs in West Virginia; and
Whereas, Millions of travel-related dollars are generated annually in every West Virginia
county (from $1.3 million to $729.3 million); and
Whereas, West Virginia's landscape, culture and history present a tourism development
opportunity in every county; and
Whereas, West Virginia tourism generated 14 million overnight visitors and 40 million day-
trip visitors in 2008; and
Whereas, West Virginia is situated within a day's drive of a large proportion of the United
States population; and
Whereas, The tourism industry serves as West Virginia's front-line representatives to the
traveling public; and
Whereas, Outdoor recreation pursuits in West Virginia far outpace the national average; and
Whereas, Cultural and heritage tourism pursuits outpace the national average; and
Whereas, Tourism attractions and activities positively contribute to the quality of life for
West Virginians; and
Whereas, Tourism attractions and activities therefore attract businesses to West Virginia;
and
Whereas, Unique, tourist-oriented businesses located in rural areas of West Virginia provide
cultural, historical, recreational, agricultural, educational, entertainment or commercial activities,
services and products to the general public; and
Whereas, Many of these rural, unique, tourist-oriented businesses derive a majority of their
income from highway users residing outside the immediate area of the business; and
Whereas, Visitors to West Virginia would benefit from a standardized highway signage
program specifically designed for tourism to direct visitors to rural, unique, tourist-oriented
businesses and those businesses would benefit the same; and
Whereas, Because the continuing growth and development of West Virginia's rural tourism
economy is of major concern to all our citizens, it is in the best interest of the State of West Virginia to implement a plan to develop a standardized highway signage program to direct visitors to rural,
unique, tourist-oriented businesses; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
implementation of a standardized highway signage program to direct visitors to unique, tourist-
oriented businesses in rural West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular
session of the Legislature, 2012, 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.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and request the concurrence of the House of Delegates in the passage, of
S. C. R. 58 - "Requesting the Joint Committee on Government and Finance to study the
advisability of establishing an Economic Diversification Permanent Fund using revenue collected
from mineral severance taxes."
Whereas, A severance tax permanent fund can convert depleting natural resources into a
source of support for sustainable economic diversification for West Virginia communities today and
in the future; and
Whereas, In its bond rating process, Moody's Investor Services recently identified West
Virginia's above average concentration of economic in the natural resource industry as a weakness;
and
Whereas, As severance tax permanent fund can help to regulate the fluctuations of West
Virginia's natural resource economy's boom-bust cycle; and
Whereas, Other natural resource-rich states including New Mexico, Wyoming, Colorado,
Alaska and Montana successfully enacted legislation in the 1970s and 1980s to establish severance
tax permanent funds; and
Whereas, These states have created funds with principle endowments ranging in size from
more than $37 billion in Alaska to approximately $800 million in Montana; and
Whereas, Through investment of these funds according to the "prudent investor rule" has
earned investment income available for growing the fund and inflation-proofing it; and
Whereas, The above-named states have also used investment earnings from such permanent
severance tax trust funds to finance state education, infrastructure repair, dividend payments to
taxpayers, economic development, and general fund expenditures; and
Whereas, The principle of severance tax permanent funds represents a state asset that could
potentially strengthen West Virginia's bond rating; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the
advisability of establishing an Economic Diversification Permanent Fund using revenue collected
from mineral severance taxes; 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.
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. 2498, Relating to the practice of dentistry.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its
amendments, and requested the House to agree to the appointment of a Committee of Conference
of three from each house on the disagreeing votes of the two houses
Com. Sub. for H. B. 2532, Zipline Responsibility Act.
On motion of Delegate Boggs, the House of Delegates agreed to the appointment of a
Committee of Conference of three from each house on the disagreeing votes of the two houses.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Laird, Wills and Hall.
Whereupon,
The Speaker appointed as conferees on the part of the House of Delegates the following:
Delegates Fleischauer, Frazier and Hamilton.
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. 2550, Interstate Compact on Educational Opportunity for Military
Children.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had refused to recede from its
amendments, and requested the House to agree to the appointment of a Committee of Conference
of three from each house on the disagreeing votes of the two houses
Com. Sub. for H. B. 2555, Establishing the offense of operating a motor vehicle while
sending, reading or receiving a text message.
The message further announced that the President of the Senate had appointed as conferees
on the part of the Senate the following:
Senators Browning, Klempa and K. Facemyer.
On motion of Delegate Boggs, the House of Delegates insisted on its disagreement to the
Senate amendments.
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. 2863, Providing for the costs of disability physical and/or mental
examinations approved by the Consolidated Public Retirement Board under the West Virginia State
Police plan.
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 S. B. 2949, Providing definitions of "low income" for purposes of property
tax relief programs.
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. 3075, Increasing the time period in the hold-harmless provision when distributing state
aid to local health departments.
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 3094, Requiring the Secretary of the Department of Health and Human
Services to use existing department funds to develop a program to compensate employees for
personal property loss.
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
Com. Sub. for S. B. 235, Revising County Economic Opportunity Development District Act,
Com. Sub. for S. B. 295, Authorizing DHHR promulgate legislative rules,
And,
S. B. 514, Authorizing legislative rule for Higher Education Policy Commission regarding
authorization of degree-granting institutions.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 38 - "Requesting the Joint Committee on Government and Finance to study the
needs, challenges and issues facing West Virginians with Alzheimer's disease and their families for
the purpose of making recommendations on how the State of West Virginia can better assist them
in getting the care, research, support and treatment they deserve."
Whereas, According to the national Alzheimer's Association, there are currently 5.3 million
Americans and forty-eight thousand West Virginians with Alzheimer's disease; and
Whereas, The greatest risk factor for developing Alzheimer's is age and according to the
US Census Bureau in 2008 West Virginia had the third highest median age in the nation; and
Whereas, Alzheimer's is the sixth leading cause of death in this country, yet according to
the West Virginia Bureau for Public Health Statistics it is the fifth leading cause of death in West
Virginia; and
Whereas, West Virginia's rate for mortality from dementia is eleven percent higher than the
national average; and
Whereas, Alzheimer's is increasingly viewed as having a vascular basis and subject to the
same risk factors as stroke and cardiovascular illness such as smoking, high cholesterol, obesity and
diabetes. According to the Behavioral Risk Factor Surveillance System, in 2008 West Virginia
ranked first in the nation in the prevalence of smoking and diabetes; and
Whereas, Between 1998 and 2007 the rate of hospital discharges in West Virginia with
dementia as a principle diagnosis increased twenty-nine percent; and
Whereas, The Alzheimer's Association estimates there are more than one hundred thousand
family members caring for a loved one with Alzheimer's in West Virginia; and
Whereas, Biomedical research is an investment in the future economic diversity of our state;
and
Whereas, West Virginia is home to a world-class Research Institute dedicated to finding
a cure for Alzheimer's disease; and
Whereas, One proven way to collect information about the number of people in West
Virginia with Alzheimer's disease and related dementia is through a population-based disease
registry, West Virginia Alzheimer's Disease Registry; and
Whereas, West Virginia physicians should receive the best evidence-based continuing
medical education related to screening, diagnosing and treating patients with Alzheimer's disease and
related dementia; and
Whereas, The Alzheimer's Association is currently working with stakeholders throughout
West Virginia to develop a long-term plan to address Alzheimer's disease in West Virginia; and
Whereas, The State of West Virginia is committed to developing a long-term plan to
address Alzheimer's disease and in enhancing services and support to provide assistance to
individuals with Alzheimer's disease and their families in getting the care, research, support and
treatment they need; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the needs,
challenges and issues facing West Virginians with Alzheimer's disease and their families for the
purpose of making recommendations on how the State of West Virginia can better assist them in
getting the care, research, support and treatment they deserve; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Legislature, on the first day of the regular session, 2012, on its findings, conclusions and
recommendations together with drafts of any legislation 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.
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. C. R. 43 - Requesting DOH erect sign under community of Caldwell sign on Route 60 at
mile marker 165 east and at mile marker 166 west bound, in Greenbrier County, "Home of Chan
Whitt Jr.".
Messages from
the Executive
Mr. Speaker, Mr. Thompson, presented a communication from the Chief Executive, advising
that on March 9, 2011, he approved
Com. Sub. for H. B. 2613 and
S. B. 507.
Resolutions Introduced
Delegate Poore offered the following resolution, which was read by its title and referred to
the Committee on Rules:
H. C. R. 150 - "Requesting the Joint Committee on Government and Finance to conduct a
study relating to bullying in the public schools of West Virginia."
Whereas, Bullying in schools is as old as any problem that plagues schools and bullying
incidents leave victims traumatized and scarred for many years while the culprits gain more
confidence to continue with their anti-social and destructive behaviors; and
Whereas, Physical abuse and taunting that result from bullying in schools also has an
exclusionary effect that prevents its victims from fully participating in the classroom and school
events; and
Whereas, Bullying creates an atmosphere of apprehension, fear and intimidation that
prevents students from reaching their full potential later in life as productive workers, spouses and
parents; and
Whereas, Although most victims of bullying in schools are too meek to take matters into
their own hands, a few of them can be pushed to certain critical limits such as the shooting incidents
in the 1999 Columbine High School Massacre have raised speculations that bullying in schools can
lead to dire consequences; and
Whereas, As a study showed that sixty percent of identified bullies during their grades six
though nine eventually got involved in at least one criminal conviction by age twenty-four, it's
clearly a problem that builds to later consequences, and something has to be done to prevent it, to
stop bullies as early as possible; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study bullying
in public schools, including, but not limited to, study what anti-bullying programs and policies that
currently exist in this and other states, which schools in West Virginia have "alternative" schooling
available to them, the types of counseling available in the schools of this and other states that can be used to counsel bullies, their victims and their respective parents and any current programs
available to public teachers assisting them in identifying bullying behaviors and their consequences;
and, be it
Further Resolved, That the committee is to consult with the State Department of Education,
the West Virginia Board of Education, the Department of Health and Human Services, the county
boards of education, teachers and administrators; and, be it
Further Resolved, That the committee shall report to the Legislature its findings, conclusions
and recommendations, together with drafts of any legislation necessary to effectuate its
recommendations no later than January 1, 2012; and, be it
Further Resolved, That the expenses necessary to conduct the study and to prepare
appropriate reports, recommendations and proposed legislation be paid from legislative
appropriations to the Joint Committee on Government and Finance.
Delegates Williams, Hamilton, Rowan, Duke, Moye, Butcher, D. Campbell, Craig, Ferro,
Manypenny, Pino and D. Poling offered the following resolution, which was read by its title and
referred to the Committee on Rules:
H. C. R. 151 - "Requesting the Joint Committee on Government and Finance study the the
creation of an Elder and Vulnerable Adult Victims Trust Fund."
Whereas, Legislation has been introduced that would prevent a person who has taken the
life or committed felony abuse of a decedent incapacitated adult from receiving an inheritance from
that individual; and
Whereas, If there are no other heirs-at-law, beneficiaries, or joint tenants of the decedent,
the forfeited interest could be transferred to the state and directed to the Elder and Vulnerable Adult
Victims Trust Fund, a special revenue fund in the Office of the State Treasurer that may be
established by the Legislature; and
Whereas, Funds from the Elder and Vulnerable Adult Victims Trust Fund could be used
for programs that provide: (1) advocacy, crisis counseling, financial guardianship and similar services to victims of elder or vulnerable adult abuse, neglect or financial exploitation; (2) law
enforcement, prosecution or court-based programs that enhance case investigations, prosecutions or
victim assistance in criminal cases involving elder or vulnerable adult abuse, neglect or financial
exploitation; (3) programs that develop and implement public education and awareness campaigns
on elder or vulnerable adult abuse, neglect or financial exploitation; and (4) research initiatives that
provide greater insight into elder and vulnerable adult abuse, neglect or financial exploitation and
guidance on best practices for intervention and prevention strategies; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study
on the creation of an Elder and Vulnerable Adult Victims Trust Fund; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the
Legislature, on the first day of the regular session, 2012 on its findings, conclusions and
recommendations together with drafts of any legislation 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 Perdue, Mr. Speaker, Mr. Thompson, and Delegate Kominar offered the following
resolution, which was read by its title and referred to the Committee on Rules:
H. C. R. 152 - "Requesting the Division of Highways to name a stretch of highway on State
Route 35 from State Route 152 at Missouri Branch to Tank Hollow, in Wayne County, the 'Crum
Brothers Memorial Highway'."
Whereas, Nelon, John, Hubert and Hobert Crum are brothers, all of whom fought for their
country in World War II; and
Whereas, Nelon Crum was born February 8, 1917, entered the service on December 9,
1942, and served in the Pacific Theater fighting against the Japanese; and
Whereas, John Crum was born October 15, 1914, and enter the service on March 25, 1942
and served in the Pacific Theater until January 26, 1946; and
Whereas, Hubert and Hobert Crum were twins, born on May 29, 1923, and entered the
service on April 15, 1943, and fought in the European Theater fighting the Germans; and
Whereas, Nelon, John, Hubert and Hobert Crum all returned home after the war to lead
productive lives, become family men and help their neighbors when in need; and
Whereas, While Nelon, John and Hubert have passed on, Hobert continues to serve his
community; and
Whereas, Hobert Crum served as Chairman of the Cabwaylingo Forest Foundation for five
years; and
Whereas, Hobert Crum voluntarily built three of the Forest Picnic Shelters and a basketball
court; and
Whereas, The Crum brothers have built many burial caskets for families who could not
afford them and aided in digging more than 100 graves; and
Whereas, It is fitting and proper, for their dedicated public service to their country, state and
community, that this highway be named to memorialize the lives of the Crum brothers; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name a stretch of highway
on State Route 35 from State Route 152 at Missouri Branch to Tank Hollow, in Wayne County, the
"Crum Brothers Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the highway as the "Crum Brothers Memorial Highway"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation and Hobert Crum.
Delegates Kominar and White offered the following resolution, which was read by its title
and referred to the Committee on Rules:
H. C. R. 153 - "Requesting the Division of Highways name bridge number 30-52-17.40,
located in Mingo County, the 'GMGC Bobby Lee Jarrell United States Navy Memorial Bridge'."
Whereas, Bobby Lee Jarrell was born August 16, 1935, in Purtain Mines, West Virginia;
and
Whereas, Bobby Lee Jarrell graduated from Burch High School in 1953, and immediately
enlisted in the United States Navy; and
Whereas, Bobby Lee Jarrell had a distinguished 22 year career in the Navy, which took him
all over the world to place such as Antarctica, Vietnam and Korea; and
Whereas, Bobby Lee Jarrell served as a Chief Gunner's Mate and was awarded the Navy
Commendation and Navy Achievement Medals, the Combat Action ribbon, the Navy Unit
Commendation and Good Conduct (five awards), National Defense Service, Anarctic Service,
Vietnam Service (two stars), Vietnam Campaign, Navy Expert Rifleman and Navy Expert Pistol
Shot Medals; and
Whereas, Bobby Lee Jarrell returned to Mingo County after his Navy retirement where he
served as the Manager of Maintenance for Mingo County Schools until his retirement in 1999; and
Whereas, Bobby Lee Jarrell was married to his beloved wife Betty, with whom he shared
the joy of having their sons Michael and Ricky and their daughter Cheryl; and
Whereas, Sadly, Bobby Lee Jarrell passed away at his home on May 10, 2009, leaving
behind a host of family and friends, and a grateful country; and
Whereas, It is fitting, to honor the memory of Bobby Lee Jarrell, who served his country
and community honorably, by naming bridge number 30-52-17.40, located in Mingo County, the
"GMGC Bobby Lee Jarrell United States Navy Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 30-52-
17.40, located in Mingo County, the "GMGC Bobby Lee Jarrell United States Navy Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "GMGC Bobby Lee Jarrell United States Navy Memorial
Bridge"; and, be it
Delegates Perdue and Mr. Speaker, Mr. Thompson offered the following resolution, which
was read by its title and referred to the Committee on Rules:
H. C. R. 154 - "Requesting that bridge number 50-17-0.05 on County Route 17 near Wayne
in Wayne County, West Virginia, be named the "Staff Sergeant Sidney H. Blankenship Memorial
Bridge."
Whereas, Sidney H. Blankenship was born on June 4, 1939, in East Lynn and passed away
on December 22, 2010; and
Whereas, Sidney H. Blankenship enlisted in the United States Marine Corps and attained
the rank of staff sergeant before receiving an honorable disability discharge; and
Whereas, Sidney H. Blankenship was awarded the Silver Star, the Bronze Star, three Purple
Hearts, the National Defense Service Medal, the Vietnam Service Medal with one Star and the
Vietnam Campaign Medal; and
Whereas, Sidney H. Blankenship was awarded the Silver Star for his bravery with the 2
nd
Infantry Division on February 26, 1968, in Vietnam, where despite receiving two gunshot wounds
and a hand grenade blast that wounded his hip and leg, he organized and encouraged an effective
defense to a four hour attack and successfully called in a medical evacuation for himself and his
wounded comrades; and
Whereas, Sidney H. Blankenship was a member of the VFW Post 1064, the American
Legion Post 177 and a Life Member of the Disabled American Veterans; and
Whereas, Sidney H. Blankenship served his country and his state with outstanding honor
and memorable distinction; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 50-17-0.05 on
County Route 17 near Wayne in Wayne County, West Virginia the "Staff Sergeant Sidney H.
Blankenship 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 "Staff Sergeant Sidney H. Blankenship 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, the Ceredo-Kenova American Legion,
Post 93, his loving wife of forty-nine years, Rebbie Craft Blankenship; his daughter, Marsha Ann
Poff and her husband, Glen Poff; his four sisters, Lillian Lowe, Irene Artrip and her husband, Paul
Artrip, Gladys Sue Dierdorff and her husband, Don Dierdorff, Sylvia Luther and her husband, Jim
Luther; his three brothers, Hiram Blankenship, Jr. and his wife, Mary Blankenship, Ellis Blankenship
and Willis Blankenship; a special granddaughter who was his pride and joy, Cassandra "Cassie"
Poff; and a very special friend and caregiver, Cindy Petticrew.
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution
to the Secretary of the Department of Transportation and the family of Bobby Lee Jarrell.
Mr. Speaker, Mr. Thompson, and Delegates Boggs, T. Campbell, Ferns, Ferro, Fragale,
Manypenny, Pethtel, Swartzmiller, Varner and White offered the following resolution, which was
read by the Clerk as follows:
H. R. 38 - "Recognizing the West Virginia Directors of Senior and Community Services for
receiving the 2011 National Institute of Senior Centers State Association of the Year Award
(NISC)."
Whereas, NISC operates as an important facet of the National Council on Aging which
exists to develop programming and secure federal funding for aging programs nationwide; and
Whereas, This association is viewed as a major player in terms of senior programs and
services in West Virginia; and
Whereas, There are directors in every portion of the state who give selflessly each and every
day and this award is an acknowledgment of their tireless service; and
Whereas, The criteria for receiving the award includes advocacy efforts, enhancing
professional senior center leadership at local, state and national levels, developing resources to
improve and strengthen the range and quality of programs and services in senior centers and the
enhancing of senior center images; and
Whereas, The Chairman of NISC, Mr. David S. Taylor, says the West Virginia Directors
of Senior and Community Services is one of the best associations in the country; therefore, be it
Resolved by the House of Delegates:
That the House of Delegates hereby recognizes the West Virginia Directors of Senior and
Community Services for receiving the 2011 National Institute of Senior Centers State Association
of the Year Award; and, be it
Further Resolved, That the House of Delegates extends its sincere appreciation to the West
Virginia Directors of Senior and Community Services for their outstanding service to the seniors of
West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the appropriate representatives of the West Virginia Directors of Senior and
Community Services.
At the request of Delegate Boggs, and by unanimous consent, the resolution (H. R. 38) was
taken up for immediate consideration, reported by the Clerk and adopted.
Mr. Speaker, Mr. Thompson, Barill, Barker, Boggs, Brown, Butcher, D. Campbell, T.
Campbell, Canterbury, Caputo, Doyle, Ellem, Ennis, Ferns, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hamilton, Hatfield, Hunt, Iaquinta, Jones, Kominar, Longstreth, Mahan,
Manchin, Manypenny, Marshall, Martin, Miley, Moore, Morgan, Moye, Paxton, Perdue, Perry,
Pethtel, L. Phillips, R. Phillips, Pino, D. Poling, M. Poling, Poore, Reynolds, Rodighiero, Shaver,
Skaff, Staggers, Stephens, Storch, Stowers, Swartzmiller, Talbott, Varner, Walker, Wells, White and
Williams offered the following resolution, which was read by its title and referred to the Committee
on Rules:
H. R. 40 - "Expressing the will of the House of Delegates in supporting the Wisconsin state
employees, the employees of the University of Wisconsin System, teachers K thru 12, the University
of Wisconsin Hospitals and Clinics Authority, and the home care and child health care providers that
will be affected by legislation introduced by Wisconsin Governor Scott Walker."
Whereas, Madison, Wisconsin has become the site of enormous demonstrations in
opposition to Governor Walker's legislation, which is an unfortunate proposal that would be
detrimental to thousands of hard-working Wisconsin citizens employed by their municipalities,
public schools and universities providing educational opportunity and vital services; and
Whereas, Public employees are instrumental to the operations of state, local and municipal
governments by providing a tireless work ethic and long hours for below average salaries; and
Whereas, Public employees are the workforce that provides public services to the general
public and are not always recognized for their contributions to society in general; and
Whereas, From services related to education, care for the elderly and the physical and
mentally impaired, child protective services, the judicial system, veterans' benefits, police and fire
protection, to public health, public employees are the driving force for these services; therefore, be
it
Resolved by the House of Delegates:
That the West Virginia House of Delegates supports the Wisconsin state employees, the
employees of the University of Wisconsin System, teachers K thru 12, the University of Wisconsin Hospitals and Clinics Authority, and the home care and child health care providers that will be
affected by legislation introduced by Wisconsin Governor Scott Walker; and, be it
Further Resolved, That the West Virginia House of Delegates acknowledges, despite these
hard economic times, the great value and worth of municipal, public school, university, and state
employees; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to Council 24 of the American Federation of State, County and Municipal Employees in
Madison, Wisconsin, to Wisconsin Governor Scott Walker, to the President and Speaker of the
Wisconsin Legislature and to all labor unions in West Virginia.
Petitions
Delegates Overington, J. Miller, Cowles, Householder and Duke presented a petition on
behalf of their constituents from the Eastern Panhandle, in support for a call for a "Single Issue"
Balance Federal Budget Amendment Convention; which was referred to the Committee on the
Judiciary.
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. 10, Designating March 30 annually "West Virginia Vietnam Veterans Recognition
Day",
S. C. R. 11, Authorizing placement of statue of Honorable Francis Harrison Pierpont in
Independence Hall in Wheeling,
S. C. R. 16, Requesting DOH name WV 54, from intersection with CR 54/4 to intersection
with WV 16, "C.C. 'Sonnie' Phillips Bypass",
S. C. R. 20, Requesting DOH name bridge at I-64, Exit 11, near 16th Street and Hal Greer
Boulevard, "Jeffrey P. Ball Memorial Bridge",
S. C. R. 21, Requesting DOH name bridge on I-79, spanning WV 114, "Hodges Brothers
Bridge",
S. C. R. 24, Requesting DOH name bridge in Monongalia County "Joseph C. Bartolo
Memorial Bridge",
S. C. R. 28, Requesting DOH name intersection of Stoney Ridge and King Coal Highway
in Mercer County "Christine West Interchange",
S. C. R. 29
, Requesting DOH name King Coal Highway Interchange, at intersection of U.S.
Route 52 and U. S. Route 460 in Mercer County "The K. A. Ammar, Jr. Interchange",
S. C. R. 37, Urging WV Delegation to Congress oppose any action by Congress or President
to reduce funding for Community Service Block Grants,
S. C. R. 39, Requesting DOH name WV 20 between Cowen and Webster and Nicholas
County lines "Chief Samuel 'Ed' Plummer Memorial Highway",
H. C. R. 45, Conducting a study on the educational and communication barriers facing
children in West Virginia who are deaf or hard of hearing and their families,
H. C. R. 54, Requesting a study on the feasibility and potential effectiveness of justice
reinvestment strategies as a mechanism to better direct our expenditures in criminal justice to help
prevent crimes, not merely to punish them,
H. C. R. 66, Requesting a study regarding the various learning disabilities that affect many
students in West Virginia,
H. C. R. 80, Requesting the Joint Committee on Government and Finance study requiring
the Consolidated Public Retirement Board to deduct from monthly benefits to retirees sums to pay
retiree association dues,
H. C. R. 81, The "Eli 'Rimfire' Hamrick Trail",
H. C. R. 94, Supporting the "Honor and Remember" Flag as an official emblem of the
service and sacrifice by the brave men and women who have given their lives in the line of duty,
H. C. R. 97, Requesting a broad study of budgeting, including budget formats, approached,
processes, procedures and controls,
H. C. R. 98, Recognizing the Mighty Wurlitzer Pipe Organ in the Keith-Albee Theatre as
the Official Theatre Pipe Organ in the State,
H. C. R. 100, Requesting the Joint Committee on Government and Finance to study the need
for legislation to clarify the law relating to the right of disposition of a deceased person's remains,
H. C. R. 115, Supporting raising the pay of state mine inspectors to federal levels,
H. C. R. 116, The "Honorary and Memorial Firefighters Bridge",
H. C. R. 118, Requesting a feasibility study for a proposed multi-county ATV trail system
in Central West Virginia,
H. C. R. 120, Requesting a study on the effect of transferring supervisory and jurisdictional
responsibilities of all or part of Coopers Rock State Forest,
H. C. R. 127, The "Staff Sergeant Chester Arthur Winchell Memorial Bridge",
H. C. R. 137, Requesting the Division of Highways erect signs stating "Lewisburg, Coolest
Small Town U. S. A., 2011",
H. R. 25, Recognizing the importance of the annual Marshall-WVU football game and urging
continuation of the series,
And,
H. R. 27, Expressing the sense of the Legislature that designating the annual observance of
September 17, Constitution Day, also be declared "Robert C. Byrd Remembrance Day".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein on those requiring the same.
Delegate Savilla requested that the Journal record him as having voted "Nay" on the
adoption of H. R. 25 and H. R. 27.
At the request of Delegate Boggs, and by unanimous consent, leave of absence for the day
was granted Delegate Crosier.
At 6:43 p.m., the House of Delegates adjourned until 11:00 a.m., Friday, March 11, 2011.
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