sdj-57th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FIFTY-SEVENTH DAY
____________
Charleston, W. Va., Wednesday, March 9, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by the Reverend Brian O'Donnell, S. J.,
Executive Secretary, Catholic Conference of West Virginia,
Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, March 8, 2011,
On motion of Senator Edgell, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 282, Continuing Highway
Design-Build Pilot Program.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 2D. HIGHWAY DESIGN-BUILD PILOT PROGRAM.
§17-2D-2. Highway Design-Build Pilot Program.
(a) Notwithstanding any provision of this code to the
contrary, the Commissioner of the West Virginia Division of
Highways may continue with the pilot program to expedite the
construction of no more than ten special projects
after the
effective date of the amendment to this article in the regular
session of 2011, in addition to the three projects authorized by
prior enactment of this section, by combining the design and
construction elements of a highway or bridge project into a single
contract.
(b) A design-build project may not be let to contract after
June 30,
2011 2013. The Division of Highways may expend no more
than
$50 $75 million in each of the
three two years remaining in
the pilot program
for an after the effective date of the amendment
to this article in the regular session of 2011: Provided, That if
any of the $75 million is unused in the first year, the remaining
amount may be applied to the following year's amount: Provided,
however, That the total aggregate
total of amount to be expended
after the effective date of the amendment to this article in the
regular session of 2011 may not exceed $150 million.
(c) A design-build project may be let to contract only in
accordance with the commissioner's established policies and
procedures concerning design-build projects.
(d) After June 30,
2011, no 2013, projects may
not be let
under the provisions of this article unless the West Virginia
Legislature either approves additional projects or makes the
program permanent.
(e) Projects receiving special funding above the regular
federal core funding
including any Competitive Surface
Transportation Grants received as a result of the American Recovery
and Reinvestment Act of 2009, may utilize the pilot program, but
shall not be included in the total number of projects or
expenditure limits provided by subsections (a) and (b) of this
section.
(f) Effective after the effective date of the amendment to
this article in the regular session of 2011, no consultant engineer
who prepares preliminary plans, planning reports or other project
development products for a project pursuant to the provisions of
this section may participate in the construction of that project.
§17-2D-5. Report to the Legislature.
On or before December 1,
2011 2013, the commissioner shall
prepare and submit to the Joint Standing Committee on Government
Organization a report evaluating the experience of the Division of
Highways with each project, including whether the division realized
any cost or time savings, the number and cost of change orders, the
quality of work performed, the number of bids received and other issues the commissioner considers appropriate.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 282--A Bill to amend and
reenact §17-2D-2 and §17-2D-5 of the Code of West Virginia, 1931,
as amended, all relating to the Highway Design-Build Pilot Program;
continuing the Highway Design-Build Pilot Program for two years;
increasing the annual amounts which may be expended on design-build
projects; authorizing additional projects after the effective date
of this amendment; and providing that consultant engineers involved
in the preliminary planning of a design-build project may not
participate in the construction of that project.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 282, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 282) passed with its House of
Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 282) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect July 1,
2011, of
Eng. Senate Bill No. 413, Changing title of Racing
Commission's racing secretary.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 60, Requesting DOH name 35th
Street bridge in Charleston "Kaufman Memorial 35th Street Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 2525, Relating to the
practice of social work.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect July 1, 2011, of
Eng. House Bill No. 2871, Relating to brownfield economic
development districts.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the appointment of a committee of
conference of five from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 2879, Providing a one-time,
nonbase building, supplemental salary increase for all eligible
state employees.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates T. Campbell, M. Poling, Fleischauer, Anderson and
Ellem.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 128--Including West Virginia
Route 80 in Mingo County as a Blue Star Memorial Highway.
Referred to the Committee on Transportation and
Infrastructure.
Executive Communications
Senator Kessler (Acting President) laid before the Senate the
following proclamation from His Excellency, the Governor, extending
this current legislative session until and including the fifteenth
day of March, two thousand eleven, which was received and read by
the Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
A P R O C L A M A T I O N
By the Governor
WHEREAS, The Constitution of West Virginia delineates the
respective powers, duties and responsibilities of the three
separate branches of government; and
WHEREAS, Article VI, Section 22 of the Constitution of West
Virginia provides that this regular session of the Legislature not
exceed sixty calendar days computed from and including the second
Wednesday of January; and
WHEREAS, Pursuant to Article VI, Section 22 of the
Constitution of West Virginia, the 2011 regular session of the
Legislature concludes on March 12, 2011; and
WHEREAS, Article VI, Section 51 of the Constitution of West
Virginia sets forth the legal authority of the Governor and the
Legislature relating to the preparation and enactment of the Budget Bill; and
WHEREAS, Subsection D of said section requires the Governor to
issue a proclamation to extend the regular session of the
Legislature if the Budget Bill shall not have been fully acted upon
by the Legislature three days before the expiration of its regular
session;
WHEREAS, The Legislature has not finally acted upon the Budget
Bill three days before the expiration of this current regular
session of the State Legislature.
NOW, THEREFORE, I, EARL RAY TOMBLIN, by virtue of the
authority vested in me as the Governor of the State of West
Virginia, do hereby issue the following proclamation, in accordance
with Article VI, Section 51, Subsection D(8) of the Constitution of
West Virginia, extending this regular session of the State
Legislature for consideration of the Budget Bill for a period not
to exceed three days beyond the conclusion of this regular session,
including any extension thereof, under the provisions of Article
VI, Section 22 of the Constitution of West Virginia; but no matters
other than the Budget Bill and a provision for the cost of said
extended session shall be considered during this extension of the
session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, on this the ninth day of March, in the year of our
Lord, Two Thousand Eleven, and in
the One Hundred Forty-Eighth year
of the State.
EARL RAY TOMBLIN,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
The Senate proceeded to the fourth order of business.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2096, Relating to arts,
entertainment and enterprise districts.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2096) contained in
the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on Finance, with
amendments from the Committee on Government Organization pending.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2732, West Virginia Public
Campaign Financing Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2732) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with amendments from
the Committee on the Judiciary pending.
The Senate proceeded to the sixth order of business.
Senators Kessler (Acting President), Unger, Browning, Foster,
Stollings, McCabe, Yost and Klempa offered the following resolution:
Senate Concurrent Resolution No. 62--Requesting the Joint
Committee on Government and Finance to authorize the Joint Interim
Committee on Economic Development to study efficient mineral
development by cotenancy and unitization.
Whereas, West Virginia has been blessed with ample supplies of
natural resources; and
Whereas, The production of natural resources has been a
foundation of the state's economy, domestic energy and National
Security and is the largest contributor to West Virginia's Gross
Domestic Product (GDP); and
Whereas, The efficient and safe production of natural
resources makes West Virginia an integral supplier of the most
commonly used fuel sources in electric generation and home and
industrial heating in the US; and
Whereas, The state's natural resource industries employ
thousands of state residents, pay hundreds of millions of dollars
in wages and state business taxes; and
Whereas, Recent shale gas discovery and development has
resulted in significant economic opportunity for West Virginia; and
Whereas, The efficient production of natural resources is
critical to maintain West Virginia's role as a major supplier of
this nation's energy needs; and
Whereas, West Virginia is one of only three states that
requires the consent of all partial mineral interests before
natural resource production can commence; and
Whereas, This limited legal principal creates a deleterious
effect on the rights of majority mineral owners in West Virginia
and results in the inefficient development and waste of West
Virginia' s natural resources; and
Whereas, The West Virginia Legislature finds that efficient
and equitable mineral development is a cornerstone of the state's
economy; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance authorize
the Joint Interim Committee on Economic Development to study
efficient mineral development by cotenancy and unitization; and, be
it
Further Resolved, That the Joint Interim Committee on Economic
Development report to the Joint Committee on Government and Finance
prior to 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.
Which, under the rules, lies over one day.
Senators Chafin, Fanning, Stollings and Yost offered the
following resolution:
Senate Concurrent Resolution No. 63--Requesting the Division
of Highways to name bridge number 30-6-0.52, in Mingo County, the "Reverend Arnold and Nell Mollette Memorial Bridge".
Whereas, The Reverend Arnold Mollette served the Lord for more
than 55 years as pastor of the Red Jacket Community Church in Red
Jacket, West Virginia; and
Whereas, The Reverend Arnold Mollette was a charter member of
the Red Jacket Kiwanis Club, having held various offices over the
years; and
Whereas, The Reverend Arnold Mollette taught school for more
than 25 years, becoming one of the first guidance counselors in the
history of Mingo County at Matewan High School; and
Whereas, The Reverend Arnold Mollette was also a charter
member of the Magnolia Ministerial Association, serving I several
capacities; and
Whereas, The Reverend Arnold Mollette served two terms on the
Board of Trustees of the South Williamson Appalachian Regional
Hospital; and
Whereas, The Reverend Arnold Mollette was married to his
beloved Nell, who also made many contributions to the community;
and
Whereas, Nell Mollette was a teacher for more than 40 years in
the public school system at Red Jacket Junior High and Grade
School; and
Whereas, Nell Mollette was a member and leader of the Matewan
Woman's Club and charter member and officer of the RJCC WOTC; and
Whereas, It is fitting, to honor the Reverend Arnold Mollette
and his wife Nell by naming this bridge as a memorial to their lives; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name bridge number 30-6-0.52, in Mingo County, the "Reverend
Arnold and Nell Mollette 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 "Reverend Arnold and Nell Mollette 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 the Reverend
Arnold and Nell Mollette.
Which, under the rules, lies over one day.
Senators Miller, Wills, Laird, Helmick, Fanning, Unger,
Jenkins, Tucker, Browning, Foster, Stollings, McCabe, Kessler
(Acting President), Plymale, Minard, Williams and Yost offered the
following resolution:
Senate Resolution No. 48--Memorializing the life of the
Honorable Ralph Dale Williams, former member of the West Virginia
Senate and dedicated public servant.
Whereas, Ralph Dale Williams was born February 16, 1928, in
Trout, West Virginia, son of the late John Dorsey and Verna Susan
Viers Williams; and
Whereas, Ralph Dale Williams graduated from Rainelle High
School in 1946, and from Marshall College in Huntington in 1950, with a bachelor of science degree in accounting; and
Whereas, Ralph Dale Williams, following his dedicated military
service during the Korean War as a corporal in the Army Finance
Corps, returned to Greenbrier County, where he invested his life
into the service of others; and
Whereas, Ralph Dale Williams began as a loan officer at the
East Rainelle Finance Company, then started his own accounting
business in 1959, and also became a State Farm Insurance Agent with
over 52 years of Good Neighbor Service; and
Whereas, Ralph Dale Williams was elected to the West Virginia
Senate in 1970, and represented the 11th Senatorial District for 16
years, in which time he served as Chairman of the Finance
Committee, Natural Resources Committee, Education Committee,
Chairman of the Committee on Military, Chairman of Insurance &
Corporations, Chairman of Banking & Insurance, and Chairman of
Legislature Rule-Making Committee; and
Whereas, Ralph Dale Williams was a faithful member of Sewell
Valley Baptist Church and supporter of Rainelle Christian Academy;
and
Whereas, Ralph Dale Williams participated in a myriad of civic
organizations including as a member of Rainelle Lions Club for 55
years and past district governor of the Lions Clubs International,
representing District 29-N, member of Midland Trail Masonic Lodge
166 for 49 years; and
Whereas, Ralph Dale Williams was Chairman of the board of
directors of the Rainelle Medical Center, Chairman of the board of directors of First State Bank & Trust, member of the West Virginia
Port Authority, Chairman of the Greenbrier Valley Airport Authority
for 26 years, member of the West Virginia Osteopathic Medical
Review Board, and received an honorary doctorate degree from the
West Virginia Osteopathic School of Medicine, President of Western
Greenbrier Development Corporation, President of Greenbrier Woods
Corporation, President of Community Aide Inc., member of the
Greenbrier Historical Society, lobbyist for West Virginia
Architects & Engineers, founding Chairman of the West Virginia
State Farm Agents PAC; and
Whereas, Ralph Dale Williams was awarded the Leonard Jarrett
and a Melvin Jones Fellow awards, was named the Western and
Greenbrier Area Chamber of Commerce Man of the Year 1973, and
Western Greenbrier Area Chamber of Commerce Citizen of the Year
1977; and
Whereas, Ralph Dale Williams was an avid outdoorsman and loved
spending quality time with his loving family, hunting and fishing
at the family camp on Anthony Creek in the Monongahela National
Forest; and
Whereas, Ralph D. Williams was married to his beloved wife of
54 years, Evelyn, with whom he shared the joy of having three sons,
Alan Dale Schoolcraft-Williams, Mark Kevin Williams and wife,
Michelle, and Barry Lee Williams and wife, Robin; and daughter,
Myra Dawn and husband, Danny Vestal, all of Rainelle; five
grandchildren, Matthew and his wife, Samantha, Krista, Jordan,
Joyce Ann "J.J." Schoolcraft-Williams II and Garrett Vestal; and one great-granddaughter, Kayleigh; and
Whereas, Sadly, the Honorable Ralph Dale Williams passed away
on February 7, 2011, bringing an end to a long and productive life
of dedication and commitment to his community and state; therefore,
be it
Resolved by the Senate:
That this Senate hereby memorializes the life of the Honorable
Ralph Dale Williams, former member of the West Virginia Senate and
dedicated public servant; and, be it
Further Resolved, That the Senate extends its sincere sympathy
at the passing of the Honorable Ralph Dale Williams; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of the Honorable Ralph Dale
Williams.
At the request of Senator Miller, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Miller, and by unanimous
consent, the remarks by Senator Fanning regarding the adoption of
Senate Resolution No. 48 were ordered printed in the Appendix to
the Journal.
At the request of Senator Unger, and by unanimous consent, the
Senate returned to the fourth order of business.
Senator Kessler (Acting President), from the Committee on
Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 38, Requesting Joint
Committee on Government and Finance study needs, challenges and
issues facing West Virginians with Alzheimer's.
And,
Senate Concurrent Resolution No. 44, Requesting Joint
Committee on Government and Finance study utility services.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair ex officio.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Concurrent Resolution No. 64 (originating in the
Committee on Economic Development)--Requesting the Joint Committee
on Government and Finance study legislation that would encourage
the development of small businesses throughout the state.
Whereas, Small businesses are an integral part of the West
Virginia economy; and
Whereas, Ninety-seven percent of the state's companies are
small businesses; and
Whereas, Small businesses employ more than 300,000 West
Virginians; and
Whereas, The West Virginia Small Business Development Center has created 3,777 jobs in this state from October 2009 to March
2011 which has resulted in investment in this state of $24,441,823;
and
Whereas, Small businesses that develop and grow in West
Virginia are likely to remain in West Virginia if such small
businesses are able to reach their full potential; and
Whereas, Fostering an environment where small businesses can
grow and thrive is in the best interest of West Virginia; and
Whereas, West Virginia is in dire need of legislation aimed at
encouraging the growth of small businesses throughout the state;
and
Whereas, A careful review of potential incentives and current
regulations is necessary in order to determine the measures
necessary to develop a better environment for small businesses;
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 of potential legislation that would
encourage the development of small business throughout the state;
and, be it
Further Resolved, That it is necessary for any committee
appointed to study such legislation be authorized to meet more than
once a month and be provided with adequate staff in order to
accomplish its goals; 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 fund the necessary staff, to prepare a report and to
draft necessary legislation be paid from legislative appropriations
to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the resolution (S. C. R. No. 64) contained in the
preceding report from the Committee on Economic Development was
taken up for immediate consideration.
On motion of Senator Browning, the resolution was referred to
the Committee on Rules.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 65 (originating in the
Committee on Government Organization)--Requesting a study on the
creation of a Fiscal and Policy Division under the Joint Committee
on Government and Finance.
Whereas, The Legislature, in order to function as a coequal
branch of government, seeks to emphasize the need to obtain
accurate information regarding the fiscal impact and policy
implications of proposed legislation; and
Whereas, In order to obtain fiscal information on proposed
legislation, the legislature is, at present, dependent upon
executive branch agencies and affected interest groups; and
Whereas, Establishing a Fiscal and Policy Division under the
Joint Committee on Government and Finance would assist legislators
in obtaining an unbiased and comprehensive fiscal note on proposed
legislation; and
Whereas, A Fiscal and Policy Division under the legislative
branch of government would advance taxpayer confidence in the
operations of state government; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the need to create a Fiscal and Policy Division
under the Joint Committee on Government and Finance; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is requested to study the fiscal impact of the
establishment of a Fiscal and Policy Division under the legislative
branch of 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 and draft necessary legislation be paid from
legislative appropriations to the Joint Committee on Government and
Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the resolution (S. C. R. No. 65) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration.
On motion of Senator Snyder, the resolution was referred to
the Committee on Rules.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 66 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance study the implementation of
comprehensive, standardized procedures by the West Virginia
Department of Environmental Protection for environmental sampling
and the educating, training, assessment and certification of those collecting the environmental samples.
Whereas, The West Virginia Department of Environmental
Protection issues and monitors thousands of permits and orders and
takes other actions related to the protection of West Virginia's
natural environment; and
Whereas, Tens of thousands of environmental samples are
collected and analyzed and the data submitted to the West Virginia
Department of Environmental Protection for use by the Department in
fulfilling its duties; and
Whereas, Many different entities, both public and private,
perform environmental sampling and submit their data to the West
Virginia Department of Environmental Protection; and
Whereas, Those entities perform environmental sampling through
various methods and instruments and in differing quantities and
qualities; and
Whereas, Those entities employ and utilize environmental
sample collectors that have received varying levels of education
and training; and
Whereas, There are limited standard procedures for: the
collecting, measuring and analyzing of field samples; the
submission of data; the use of field measurement instruments used
in environmental sampling; and the educating, training, assessment
and certification of environmental sample collectors; and
Whereas, The West Virginia Department of Environmental
Protection, and the entities it regulates, would benefit from
comprehensive, standardized procedures for environmental sampling to ensure that the highest quality and accurate environmental
samples and data are collected and used; and
Whereas, The protection of West Virginia's natural environment
is of major concern to all our citizens, it is in the best interest
of the State of West Virginia to implement comprehensive,
standardized procedures for environmental sampling and the
educating, training, assessment and certification of those
collecting samples; 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 comprehensive,
standardized procedures by the West Virginia Department of
Environmental Protection for environmental sampling and the
educating, training, assessment and certification of those
collecting the environmental samples; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the resolution (S. C. R. No. 66) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration.
On motion of Senator Snyder, the resolution was referred to
the Committee on Rules.
Senator Kessler (Acting President), from the Committee on
Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Resolution No. 49 (originating in the Committee on
Rules)--Authorizing the Senate Committee on Confirmations to meet
and be paid during interims between regular sessions of the
Eightieth Legislature.
Whereas, Section one, article one, chapter four of the Code of
West Virginia, 1931, as amended, provides that either house of the
Legislature may, by resolution, direct any select committee unique
to that house or any standing committee of that house and created
by it by rule, motion or resolution to meet between regular
sessions of the Legislature; and
Whereas, The West Virginia Senate is vested with the
authority, under sections eight and nine, article VII of the
Constitution of West Virginia, to advise and consent to certain
gubernatorial nominations and certain other nominations as determined by law; and
Whereas, The Committee on Confirmations is a standing
committee of the Senate with authority to make recommendations and
report to the Senate with respect to such nominations; therefore,
be it
Resolved by the Senate:
That the Senate hereby authorizes its Committee on
Confirmations to meet and be paid during interims between regular
sessions of the Eightieth Legislature; and, be it
Further Resolved, That the Committee on Confirmations is
hereby authorized to meet at times subject to the approval of the
presiding officer of the Senate; and, be it
Further Resolved, That the purpose of any such meetings would
relate to gathering of information regarding prospective matters
involving duties of the Senate related to advice and consent as to
nominations; and, be it
Further Resolved, That members of such committee are hereby
authorized by the Senate Committee on Rules to receive payment of
travel and interim expenses and other compensation as provided by
law.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator K. Facemyer, unanimous consent being granted, the Senate returned to the consideration of
Senate Resolution No. 48, Memorializing life of Honorable
Ralph Dale Williams.
On motion of Senator Helmick, the Senate reconsidered its
action by which in earlier proceedings today it adopted Senate
Resolution No. 48.
The vote thereon having been reconsidered,
The question again being on the adoption of the resolution,
and on this question, Senator Helmick demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of those present and voting having voted in the
affirmative, the Acting President declared the resolution (S. R.
No. 48) adopted.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 53, Requesting DOH name
bridge number 30-3/5-3.01, in Mingo County, "Brittany Nicole Dentro
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 54, Requesting Joint
Committee on Government and Finance study scope of practice of
health care professions.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 57, Requesting Joint
Committee on Government and Finance study implementation of highway
signage program to direct visitors to tourist-oriented businesses.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 58, Requesting Joint
Committee on Government and Finance study advisability of
establishing Economic Diversification Permanent Fund using mineral
severance taxes.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
House Concurrent Resolution No. 32, The "Ensign Melvin G.
Livesay Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:
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 striking out the title and substituting therefor a new
title, to read as follows:
House Concurrent Resolution No. 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".
The question being on the adoption of the resolution (H. C. R.
No. 32), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
House Concurrent Resolution No. 86, The "PFC Roger Lee Byus
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 90, The "Campbell Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 617, Making supplementary appropriation
of federal funds to Department of Education and Arts and DHHR.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 617) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 617) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 618, Making appropriation from State Road
Fund to DOT.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 618) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. 618) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 619, Making supplementary appropriation
of unappropriated moneys to various accounts.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 619) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 619) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2520, Relating to centers
for housing young adult offenders.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for H. B. No. 2520) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill (Eng. Com. Sub. for H. B. No. 2520) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence in the changed
effective date.
Eng. Com. Sub. for House Bill No. 2555, Establishing the
offense of operating a motor vehicle while sending, reading or
receiving a text message.
On third reading, coming up in regular order, with the
unreported Judiciary committee amendment pending, and with the
right having been granted on yesterday, Tuesday, March 8, 2011, for
other amendments to be received on third reading, was reported by
the Clerk.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §17B-2-3a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §17C-14-15, all to read as
follows:
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-3a. Graduated driver's license.
(a) Any person under the age of eighteen may not operate a
motor vehicle unless he or she has obtained a graduated driver's
license in accordance with the three-level graduated driver's license system described in the following provisions.
(b) Any person under the age of twenty-one, regardless of
class or level of licensure, who operates a motor vehicle with any
measurable alcohol in his or her system is subject to the
provisions of section two, article five, chapter seventeen-c of
this code and section two, article five-a of said chapter. Any
person under the age of eighteen, regardless of class or licensure
level, is subject to the mandatory school attendance and
satisfactory academic progress provisions of section eleven,
article eight, chapter eighteen of this code.
(c)
Level one instruction permit. -- An applicant who is
fifteen years or older meeting all other requirements prescribed in
this code may be issued a level one instruction permit.
(1)
Eligibility. -- The division shall not issue a level one
instruction permit unless the applicant:
(A) Presents a completed application, as prescribed by the
provisions of section six of this article, and which is accompanied
by a writing, duly acknowledged, consenting to the issuance of the
graduated driver's license and executed by a parent or guardian
entitled to custody of the applicant;
(B) Presents a certified copy of a birth certificate issued by
a state or other governmental entity responsible for vital records
unexpired, or a valid passport issued by the United States
government evidencing that the applicant meets the minimum age
requirement and is of verifiable identity;
(C) Passes the vision and written knowledge examination and completes the driving under the influence awareness program, as
prescribed in section seven of this article;
(D) Presents a driver's eligibility certificate or otherwise
shows compliance with the provisions of section eleven, article
eight, chapter eighteen of this code; and
(E) Pays a fee of $5, which shall permit the applicant two
attempts at the written knowledge test.
(2)
Terms and conditions of instruction permit. -- A level one
instruction permit issued under the provisions of this section is
valid until thirty days after the date the applicant attains the
age of eighteen and is not renewable. However, any permit holder
who allows his or her permit to expire prior to successfully
passing the road skills portion of the driver examination, and who
has not committed any offense which requires the suspension,
revocation or cancellation of the instruction permit, may reapply
for a new instruction permit under the provisions of section six of
this article. The division shall immediately revoke the permit
upon receipt of a second conviction for a moving violation of
traffic regulations and laws of the road or violation of the terms
and conditions of a level one instruction permit, which convictions
have become final unless a greater penalty is required by this
section or any other provision of this code. Any person whose
instruction permit has been revoked is disqualified from retesting
for a period of ninety days. However, after the expiration of
ninety days, the person may retest if otherwise eligible. In
addition to all other provisions of this code for which a driver's license may be restricted, suspended, revoked or canceled, the
holder of a level one instruction permit may only operate a motor
vehicle under the following conditions:
(A) Under the direct supervision of a licensed driver, twenty-
one years of age or older, or a driver's education or driving
school instructor who is acting in an official capacity as an
instructor, who is fully alert and unimpaired, and the only other
occupant of the front seat. The vehicle may be operated with no
more than two additional passengers, unless the passengers are
family members;
(B) Between the hours of five a.m. and ten p.m.;
(C) All occupants must use safety belts in accordance with the
provisions of section forty-nine, article fifteen, chapter
seventeen-c of this code;
(D) Without any measurable blood alcohol content, in
accordance with the provisions of subsection (h), section two,
article five, chapter seventeen-c of this code; and
(E) Maintains current school enrollment and is making
satisfactory academic progress or otherwise shows compliance with
the provisions of section eleven, article eight, chapter eighteen
of this code.
(F) A holder of a level one instruction permit who is under
the age of eighteen years shall be prohibited from using a wireless
communication device while operating a motor vehicle, unless the
use of the wireless communication device is for contacting a 9-1-1
system
: Provided, That the holder of a level one instruction permit who is under the age of eighteen years may not contact a 9-1-1
system by means of texting as that term is defined in subdivision
three, subsection (d), section fifteen, article fourteen, chapter
seventeen-c of this code: Provided, however, That texting as that
term is defined in subdivision three, subsection (d), section
fifteen, article fourteen, chapter seventeen-c of this code by the
holder of a level one instruction permit who is under the age of
eighteen years shall be a primary offense. A person violating the
provisions of this paragraph is guilty of a misdemeanor and, upon
conviction thereof, shall for the first offense be fined $25; for
a second offense be fined $50; and for a third or subsequent
offense be fined $75.
(d)
Level two intermediate driver's license. -- An applicant
sixteen years of age or older, meeting all other requirements of
the code, may be issued a level two intermediate driver's license.
(1)
Eligibility. -- The division shall not issue a level two
intermediate driver's license unless the applicant:
(A) Presents a completed application as prescribed in section
six of this article;
(B) Has held the level one instruction permit conviction-free
for the one hundred eighty days immediately preceding the date of
application for a level two intermediate license;
(C) Has completed either a driver's education course approved
by the state Department of Education or fifty hours of behind-the-
wheel driving experience, including a minimum of ten hours of
nighttime driving, certified by a parent or legal guardian or other responsible adult over the age of twenty-one as indicated on the
form prescribed by the division:
Provided, That nothing in this
paragraph shall be construed to require any school or any county
board of education to provide any particular number of driver's
education courses or to provide driver's education training to any
student;
(D) Presents a driver's eligibility certificate or otherwise
shows compliance with the provisions of section eleven, article
eight, chapter eighteen of this code;
(E) Passes the road skills examination as prescribed by
section seven of this article; and
(F) Pays a fee of $5.
(2)
Terms and conditions of a level two intermediate driver's
license. -- A level two intermediate driver's license issued under
the provisions of this section shall expire thirty days after the
applicant attains the age of eighteen, or until the licensee
qualifies for a level three full Class E license, whichever comes
first. In addition to all other provisions of this code for which
a driver's license may be restricted, suspended, revoked or
canceled, the holder of a level two intermediate driver's license
may only operate a motor vehicle under the following conditions:
(A) Unsupervised between the hours of five a.m. and ten p.m.;
(B) Only under the direct supervision of a licensed driver,
age twenty-one years or older, between the hours of ten p.m. and
five a.m. except when the licensee is going to or returning from:
(i) Lawful employment;
(ii) A school-sanctioned activity;
(iii) A religious event; or
(iv) An emergency situation that requires the licensee to
operate a motor vehicle to prevent bodily injury or death of
another;
(C) All occupants shall use safety belts in accordance with
the provisions of section forty-nine, article fifteen, chapter
seventeen-c of this code;
(D) For the first six months after issuance of a level two
intermediate driver's license, the licensee may not operate a motor
vehicle carrying any passengers less than twenty years old, unless
these passengers are family members of the licensee; for the second
six months after issuance of a level two intermediate driver's
license, the licensee may not operate a motor vehicle carrying more
than one passenger less than twenty years old, unless these
passengers are family members of the licensee;
(E) Without any measurable blood alcohol content in accordance
with the provisions of subsection (h), section two, article five,
chapter seventeen-c of this code;
(F) Maintains current school enrollment and is making
satisfactory academic progress or otherwise shows compliance with
the provisions of section eleven, article eight, chapter eighteen
of this code;
(G) A holder of a level two intermediate driver's license who
is under the age of eighteen years shall be prohibited from using
a wireless communication device while operating a motor vehicle, unless the use of the wireless communication device is for
contacting a 9-1-1 system
: Provided, That the holder of a level one
instruction permit who is under the age of eighteen years may not
contact a 9-1-1 system by means of texting as that term is defined
in subdivision three, subsection (d), section fifteen, article
fourteen, chapter seventeen-c of this code: Provided, however,
That texting as that term is defined in subdivision three,
subsection (d), section fifteen, article fourteen, chapter
seventeen-c of this code by the holder of a level one instruction
permit who is under the age of eighteen years shall be a primary
offense. A person violating the provisions of this paragraph is
guilty of a misdemeanor and, upon conviction thereof, shall for the
first offense be fined $25; for a second offense be fined $50; and
for a third or subsequent offense be fined $75.
(H) Upon the first conviction for a moving traffic violation
or a violation of paragraph (A), (B), (C), (D) or (G), subdivision
(1), subsection (d) of this section of the terms and conditions of
a level two intermediate driver's license, the licensee shall
enroll in an approved driver improvement program unless a greater
penalty is required by this section or by any other provision of
this code; and
At the discretion of the commissioner, completion of an
approved driver improvement program may be used to negate the
effect of a minor traffic violation as defined by the commissioner
against the one year conviction-free driving criteria for early
eligibility for a level three driver's license and may also negate the effect of one minor traffic violation for purposes of avoiding
a second conviction under paragraph (I) of this subdivision; and
(I) Upon the second conviction for a moving traffic violation
or a violation of the terms and conditions of the level two
intermediate driver's license, the licensee's privilege to operate
a motor vehicle shall be revoked or suspended for the applicable
statutory period or until the licensee's eighteenth birthday,
whichever is longer unless a greater penalty is required by this
section or any other provision of this code. Any person whose
driver's license has been revoked as a level two intermediate
driver, upon reaching the age of eighteen years and if otherwise
eligible may reapply for an instruction permit, then a driver's
license in accordance with the provisions of sections five, six and
seven of this article.
(e)
Level three, full Class E license. -- The level three
license is valid until thirty days after the date the licensee
attains his or her twenty-first birthday. Unless otherwise
provided in this section or any other section of this code, the
holder of a level three full Class E license is subject to the same
terms and conditions as the holder of a regular Class E driver's
license.
A level two intermediate licensee whose privilege to operate
a motor vehicle has not been suspended, revoked or otherwise
canceled and who meets all other requirements of the code may be
issued a level three full Class E license without further
examination or road skills testing if the licensee:
(1) Has reached the age of seventeen years; and
(A) Presents a completed application as prescribed by the
provisions of section six of this article;
(B) Has held the level two intermediate license conviction
free for the twelve-month period immediately preceding the date of
the application;
(C) Has completed any driver improvement program required
under paragraph (G), subdivision (2), subsection (d) of this
section; and
(D) Pays a fee of $2.50 for each year the license is valid.
An additional fee of $.50 shall be collected to be deposited in the
Combined Voter Registration and Driver's Licensing Fund established
in section twelve, article two, chapter three of this code;
(E) Presents a driver's eligibility certificate or otherwise
shows compliance with the provisions of section eleven, article
eight, chapter eighteen of this code; or
(2) Reaches the age of eighteen years; and
(A) Presents a completed application as prescribed by the
provisions of section six of this article; and
(B) Pays a fee of $2.50 for each year the license is valid.
An additional fee of $.50 shall be collected to be deposited in the
Combined Voter Registration and Driver's Licensing Fund established
in section twelve, article two, chapter three of this code.
(f) A person violating the provisions of the terms and
conditions of a level one or level two intermediate driver's
license is guilty of a misdemeanor and, upon conviction thereof, shall for the first offense be fined $25; for a second offense be
fined $50; and for a third or subsequent offense be fined $75.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-15. Writing, sending or reading a text message by means
of an electronic communications device while
driving unlawful; definitions; exceptions;
penalties.
(a) Except as provided in subdivision (b) of this section, a
person may not drive or operate a motor vehicle on a public street
or highway while texting.
(b) The provisions of this section do not apply to any person
under the age of eighteen with a level one or level two graduated
driver's license who operates a motor vehicle pursuant to section
three-a, article two, chapter seventeen-b of this code.
(c) As used in this section:
(1) "Driving" or "operating a motor vehicle" means operating
a motor vehicle, with the motor running, including while
temporarily stationary because of traffic, a traffic control
device, or other momentary delays, but does not include operating
a motor vehicle when the driver moved the vehicle to the side of,
or off, a highway and halted in a location where the vehicle can
safely remain stationary;
(2) "Electronic communication device" includes but is not
limited to, a cellular telephone; personal digital assistant;
pager; computer; or any other device used to input, write, send, receive or read text. For the purposes of this section, an
"electronic communication device" does not include:
(A) Voice radios, mobile radios, land mobile radios,
commercial mobile radios or two-way radios with the capability to
transmit and receive voice transmissions utilizing a "push to talk"
or "press to transmit" function; or
(B) Other voice radios used by a law-enforcement officer, an
emergency services provider, an employee or agent of public safety
organizations, first responders, Amateur Radio Operators(HAM)
licensed by the Federal Communications Commission and school bus
operators;
(B) Fleet management system or dispatching devices
(3) "Texting" means manually entering alphanumeric text into,
or reading text from, an electronic communication device, and
includes, but is not limited to, short message service, e-mailing,
instant messaging, a command or request to access a World Wide Web
page, or engaging in any other form of electronic text retrieval or
entry, for present or future communication. For purposes of this
section, "texting" does not include the following actions:
(A) Reading, selecting or entering a telephone number, an
extension number, or voicemail retrieval codes and commands into an
electronic device for the purpose of initiating or receiving a
phone call or using voice commands to initiate or receive a
telephone call;
(B) Inputting, selecting, or reading information on a global
positioning system or navigation system; or
(C) Using a device capable of performing multiple functions,
including smart phones, citizens band radios, music players, for a
purpose that is not otherwise prohibited in this section.
(e) Any person who violates the provisions of subsection (a)
of this section is guilty of a misdemeanor and, upon conviction
thereof, shall for a first offense be fined $100; for a second
offense be fined $200; and for a third or subsequent offense be
fined $400. No court costs or other fees shall be assessed for a
violation of subsection (a).
(f) Notwithstanding any other provision of this code to the
contrary, points may not be entered on any driver's record
maintained by the Division of Motor Vehicles as a result of a
violation of this section.
(g) This traffic offense shall be a primary offense for
citation.
On motion of Senator Browning, the following amendments to the
Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B.
No. 2555) were next reported by the Clerk and considered
simultaneously:
On page fourteen, after section fifteen by adding a new
section, designated section forty-nine, to read as follows:
ARTICLE 15. EQUIPMENT.
§17C-15-49. Operation of vehicles with safety belts; exception;
penalty; civil actions; educational program by West
Virginia State Police.
(a) Effective September 1,
one thousand nine hundred ninety-three 2011, a person may not operate a passenger vehicle on a
public street or highway of this state unless the person, any
passenger in the back seat under eighteen years of age and any
passenger in the front seat of
such the passenger vehicle is
restrained by a safety belt meeting applicable federal motor
vehicle safety standards. For the purposes of this section, the
term "passenger vehicle" means a motor vehicle which is designed
for transporting ten passengers or less, including the driver,
except that
such the term does not include a motorcycle, a trailer
or any motor vehicle which is not required on the date of the
enactment of this section under a federal motor vehicle safety
standard to be equipped with a belt system. The provisions of this
section
shall apply to all passenger vehicles manufactured after
January 1, 1967, and being 1968 models and newer.
(b) The required use of safety belts as provided
herein in
this section does not apply to a duly appointed or contracted rural
mail carrier of the United States Postal Service who is actually
making mail deliveries or to a passenger or operator with a
physically disabling condition whose physical disability would
prevent appropriate restraint in
such the safety belt if the
condition is duly certified by a physician who
shall state states
the nature of the disability as well as the reason
such the
restraint is inappropriate. The Division of Motor Vehicles shall
adopt propose rules
for legislative approval, in accordance with
the provisions of chapter twenty-nine-a of this code, to establish
a method to certify the physical disability and to require use of an alternative restraint system where feasible or to waive the
requirement for the use of any restraint system.
(c) Any person who violates the provisions of this section
shall be fined
not more than twenty-five No court costs or other
fees shall $15. Court costs or other fees may not be assessed for
a violation of this section.
Enforcement of this section shall be
accomplished only as a secondary action when a driver of a
passenger vehicle has been detained for probable cause of violating
another section of this code.
(d) A violation of this section is not admissible as evidence
of negligence or contributory negligence or comparative negligence
in any civil action or proceeding for damages and
shall is not
be
admissible in mitigation of damages:
Provided, That the court may,
upon motion of the defendant, conduct an in camera hearing to
determine whether an injured party's failure to wear a safety belt
was a proximate cause of the injuries complained of. Upon
such a
finding by the court, the court may then, in a jury trial, by
special interrogatory to the jury, determine: (1) That the injured
party failed to wear a safety belt; and (2) that the failure to
wear the safety belt constituted a failure to mitigate damages.
The trier of fact may reduce the injured party's recovery for
medical damages by an amount not to exceed five percent
thereof of
the medical damages. In the event the plaintiff stipulates to the
reduction of five percent of medical damages, the court shall make
the calculations and the issue of mitigation of damages for failure
to wear a safety belt
shall may not be presented to the jury. In all cases, the actual computation of the dollar amount reduction
shall be determined by the court.
(e) Notwithstanding any other provision of this code to the
contrary, no points may be entered on any driver's record
maintained by the Division of Motor Vehicles as a result of a
violation of this section.
(f)
Commencing the first day of July, one thousand nine
hundred ninety-three The Governor's Highway Safety Program, in
cooperation with the
division of public safety West Virginia State
Police and any other state departments or agencies and with county
and municipal law-enforcement agencies, shall initiate and conduct
an educational program designed to encourage compliance with safety
belt usage laws. This program shall be focused on the
effectiveness of safety belts, the monetary savings and the other
benefits to the public from usage of safety belts and the
requirements and penalties specified in this law.
(g) Nothing contained in this section
shall be construed to
abrogate or alter abrogates or alters the provisions of section
forty-six of this article relating to the mandatory use of child
passenger safety devices.;
And,
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §17B-2-3a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §17C-14-15; and that §17C-15-49 of said code be amended and reenacted, all to read as follows:.
At the request of Senator Boley, unanimous consent being
granted, further consideration of the bill (Eng. Com. Sub. for H.
B. No. 2555) and Senator Browning's pending amendments to the
Judiciary committee amendment was deferred until the conclusion of
bills on today's second reading calendar.
Eng. Com. Sub. for House Bill No. 2818, Increasing the
allowable expense that may be paid for the clean-up of real
property damage by a meth lab.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Prior to the call of the roll, Senator Fanning moved to be
excused from voting on any matter under rule number forty-three of
the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
Excused from voting: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for H. B. No. 2818) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 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.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2876, Expanding eligibility
for subsidies to enrollees in the model health plan.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for H. B. No. 2876) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2971, Relating to the definition of the
term "durable medical equipment".
On third reading, coming up in regular order, with the right
having been granted on yesterday, Tuesday, March 8, 2011, for
amendments to be received on third reading, was reported by the
Clerk.
On motions of Senators Prezioso and Unger, the following
amendment to the bill was reported by the Clerk and adopted:
By striking everything after the enacting clause and inserting
in lieu thereof the following:
That §11-15-3a and §11-15-9i of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.
§11-15-3a. Rate of tax on food and food ingredients intended for
human consumption; reductions of tax beginning July
1, 2008 and January 1, 2012.
(a)
Rate of tax on food and food ingredients. --
Notwithstanding any provision of this article or article fifteen-a
of this chapter to the contrary, the rate of tax on sales,
purchases and uses of food and food ingredients intended for human
consumption after
the thirty-first day of December, two thousand
five, shall be five percent of its sales price, as defined in
section two, article fifteen-b of this chapter: Provided, That the
rate of tax on sales, purchases and uses of food and food ingredients, as defined in said section, that is intended for human
consumption after the thirtieth day of June, two thousand seven,
shall be four percent of its sales price, as defined in said
section: Provided, however, That the rate of tax on sales,
purchases and uses of food and food ingredients as defined in said
section that is intended for human consumption after the thirtieth
day of June, two thousand eight June 30, 2008, shall be three
percent of its sales price, as defined in
said section
two, article
fifteen-b of this chapter: Provided, That the rate of tax on sales,
purchases and uses of food and food ingredients as defined in said
section that is intended for human consumption after December 31,
2011, shall be two percent of its sales price, as defined in said
section.
(b)
Calculation of tax on fractional parts of a dollar. -- The
tax computation under this section shall be carried to the third
decimal place and the tax rounded up to the next whole cent
whenever the third decimal place is greater than four and rounded
down to the lower whole cent whenever the third decimal place is
four or less. The seller may elect to compute the tax due on a
transaction on a per item basis or on an invoice basis provided the
method used is consistently used during the reporting period.
(c)
Federal food stamp and women, infants and children
programs, other exemptions. -- Nothing in this section shall affect
application of the exemption from tax provided in section nine of
this article for food purchased by an eligible person using food
stamps, electronic benefits transfer cards or vouchers issued by or pursuant to authorization of the United States Department of
Agriculture to individuals participating in the federal food stamp
program, by whatever name called, or the women, infants and
children (WIC) program, or application of any other exemption from
tax set forth in this article or article fifteen-a of this chapter.
§11-15-9i. Exempt drugs, durable medical equipment, mobility
enhancing equipment and prosthetic devices.
(a) Notwithstanding any provision of this article, article
fifteen-a or article fifteen-b of this chapter, the purchase by a
health care provider of drugs, durable medical
goods equipment,
mobility enhancing equipment and prosthetic devices, all as defined
in section two, article fifteen-b of this chapter, to be dispensed
upon prescription and intended for use in the diagnosis, cure,
mitigation, treatment or prevention of injury or disease are exempt
from the tax imposed by this article.
(b) For purposes of this exemption, "health care provider"
means any person licensed to prescribe drugs, durable medical
goods
equipment, mobility enhancing equipment and prosthetic devices
intended for use in the diagnosis, cure, mitigation, treatment or
prevention of injury or disease. For purposes of this section, the
term "health care provider" includes any hospital, medical clinic,
nursing home or provider of inpatient hospital services and any
provider of outpatient hospital services, physician services,
nursing services, ambulance services, surgical services or
veterinary services:
Provided, That the amendment to this
subsection enacted during the 2009 regular legislative session shall be effective on or after July 1, 2009.
(c)
This section shall be effective July 1, 2007. The term
"durable medical goods" as used in this article means "durable
medical equipment" as defined in section two, article fifteen-b of
this chapter.
Having been engrossed, the bill (Eng. H. B. No. 2971) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2971) passed.
On motions of Senators Prezioso and Unger, the following
amendment to the title of the bill was reported by the Clerk and
adopted:
Eng. House Bill No. 2971--A Bill to amend and reenact §11-15-
3a and §11-15-9i of the Code of West Virginia, 1931, as amended,
all relating to the consumers sales and service tax generally;
reducing the consumers sales and service tax on sales, purchases
and uses of food and food ingredients intended for human consumption on a date certain; and defining the term "durable
medical equipment".
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2971) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Eng. House Bill No. 2345, Changing the membership of the PEIA
Financial Board.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Plymale, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for House Bill No. 2498, Relating to the
practice of dentistry.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2550, Interstate Compact on
Educational Opportunity for Military Children.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2663, Relating to public
service commissioners presiding at hearings.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §11-13-3f of the Code of West Virginia, 1931, as amended
be amended and reenacted; that §11-13F-1 be amended and reenacted;
that §11-24-11 be amended and reenacted; that §24-1-3 and §24-1-4
be amended and reenacted; that §24-2A-2 be amended and reenacted;
that §24-3-2 be amended and reenacted; and that said code be
amended by adding thereto a new section, designated §24-2A-5, all
to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 13. BUSINESS AND OCCUPATION TAX.
§11-13-3f. Tax credit for reducing electric and natural gas
utility rates for low-income residential customers;
regulations.
(a) There shall be allowed as a credit against the tax imposed
by this article, the cost of providing electric or natural gas or
water utility service, or both any combination of electric, natural
gas or water utility services, at reduced rates to qualified low-
income residential customers which has not been reimbursed by any
other means.
(b) The tax commissioner may prescribe such regulations as may
be necessary to carry out the purposes of this section, of article
thirteen-f of this chapter and of section eleven, article twenty-
four of this chapter.
ARTICLE 13F. BUSINESS AND OCCUPATION TAX CREDIT FOR REDUCING
ELECTRIC,
NATURAL GAS AND WATER UTILITY RATES FOR
LOW-INCOME RESIDENTIAL CUSTOMERS.
§11-13F-1. Legislative purpose.
In order to reimburse public utilities for the revenue
deficiencies which that they incur in
providing special reduced
electric and natural gas utility rates to low-income residential
customers in accordance with the provisions of article two-a of
chapter twenty-four, there is hereby provided a business and
occupation tax credit for reducing electric and natural gas, and
water utility rates for low-income residential customers.
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-11. Credit for reducing electric,
natural gas and water
utility rates for low-income residential customers.
(a) General. -- A credit shall be allowed against the primary
tax liability of an eligible taxpayer under this article for the cost of providing electric or natural gas or water utility service,
or both any combination of electric, natural gas or water utility
services, at special reduced rates to qualified low-income
residential customers which has not been reimbursed by any other
means.
(b) Definitions. -- For purposes of this section, the term:
(1) "Eligible taxpayer" means a utility which has provided
electric or natural gas or water utility service, or both any
combination of electric, natural gas or water utility services, to
qualified low-income residential customers at special reduced
rates.
(2) "Cost of providing electric or natural gas or water
utility service, or both any combination of electric, natural gas
or water utility services, at special reduced rates" means the
amount certified by the public service commission under the
provisions of section three, article two-a, chapter twenty-four of
this code, as the revenue deficiency incurred by a public utility
in providing special reduced rates for electric or natural gas or
water utility service, or both any combination of electric, natural
gas or water utility services, as required by section one, article
two-a, chapter twenty-four of this code.
(3) "Special reduced rates" means the rates ordered by the
public service commission under the authority of sections one, and
five article two-a, chapter twenty-four of this code.
(4) "Qualified low-income residential customers" means those
utility customers eligible to receive electric or natural gas or water utility service, or both any combination of electric, natural
gas or water utility services, under special reduced rates.
(c) Amount of credit. -- The amount of the credit available to
any eligible taxpayer shall be equal to its cost of providing
electric or natural gas service, or both, at special reduced rates
to qualified residential customers, less any reimbursement of said
cost which the taxpayer has received through any other means.
(d) When credit may be taken. -- An eligible taxpayer may
claim a credit allowed under this section on its annual return for
the taxable year in which it receives certification of the amount
of its revenue deficiency from the public service commission.
Notwithstanding the provisions of section sixteen of this article
to the contrary, no credit may be claimed on any declaration of
estimated tax filed for such taxable year prior to the first day of
July of such taxable year. Such credit may be claimed on a
declaration or amended declaration filed on or after that date but
only if the amount certified will not be recovered by application
of the business and occupation tax credit allowed by section three-
f, article thirteen of this chapter. In such event, only that
amount not recovered by that credit may be considered or taken as
a credit when estimating the tax due under this article. In no
event may the eligible taxpayer recover more than one hundred
percent of its revenue deficiency as certified by the public
service commission.
(e) Application of credit. -- The credit allowable by this
section for a taxable year is not subject to the fifty percent limitation specified in section nine of this article.
Notwithstanding the provisions of section four, article
thirteen-f of this chapter, any unused credit may be carried over
and applied against business and occupation taxes in the manner
specified in section five, article thirteen-f of this chapter.
(f) Copy of certification order. -- A copy of a certification
order from the public service commission shall be attached to any
annual return under this article on which a credit allowed by this
section is taken.
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-11. Credit for reducing electric natural gas and water
utility rates for low-income residential customers.
(a) General. -- A credit shall be allowed against the primary
tax liability of an eligible taxpayer under this article for the
cost of providing electric or natural gas or water utility service,
or both any combination of electric, natural gas or water utility
services, at special reduced rates to qualified low-income
residential customers which has not been reimbursed by any other
means.
(b) Definitions. -- For purposes of this section, the term:
(1) "Eligible taxpayer" means a utility which has provided
electric or natural gas or water utility service, or both any
combination of electric, natural gas or water utility services, to
qualified low-income residential customers at special reduced
rates.
(2) "Cost of providing electric or natural gas or water
utility service, or both any combination of electric, natural gas
or water utility services, at special reduced rates" means the
amount certified by the public service commission under the
provisions of section three, article two-a, chapter twenty-four of
this code, as the revenue deficiency incurred by a public utility
in providing special reduced rates for electric or natural gas or
water utility service, or both any combination of electric, natural
gas or water utility services, as required by section one, article
two-a, chapter twenty-four of this code.
(3) "Special reduced rates" means the rates ordered by the
public service commission under the authority of section one,
article two-a, chapter twenty-four of this code.
(4) "Qualified low-income residential customers" means those
utility customers eligible to receive electric or natural gas or
water utility service, or both any combination of electric, natural
gas or water utility services, under special reduced rates.
(c) Amount of credit. -- The amount of the credit available to
any eligible taxpayer shall be equal to its cost of providing
electric or natural gas or water utility service, or both any
combination of electric, natural gas or water utility services, at
special reduced rates to qualified residential customers, less any
reimbursement of said cost which the taxpayer has received through
any other means.
(d) When credit may be taken. -- An eligible taxpayer may claim a credit allowed under this section on its annual return for
the taxable year in which it receives certification of the amount
of its revenue deficiency from the public service commission.
Notwithstanding the provisions of section sixteen of this article
to the contrary, no credit may be claimed on any declaration of
estimated tax filed for such taxable year prior to the first day of
July of such taxable year. Such credit may be claimed on a
declaration or amended declaration filed on or after that date but
only if the amount certified will not be recovered by application
of the business and occupation tax credit allowed by section three-
f, article thirteen of this chapter. In such event, only that
amount not recovered by that credit may be considered or taken as
a credit when estimating the tax due under this article. In no
event may the eligible taxpayer recover more than one hundred
percent of its revenue deficiency as certified by the public
service commission.
(e) Application of credit. -- The credit allowable by this
section for a taxable year is not subject to the fifty percent
limitation specified in section nine of this article.
Notwithstanding the provisions of section four, article thirteen-f
of this chapter, any unused credit may be carried over and applied
against business and occupation taxes in the manner specified in
section five, article thirteen-f of this chapter.
(f) Copy of certification order. -- A copy of a certification
order from the public service commission shall be attached to any
annual return under this article on which a credit allowed by this section is taken.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 1. GENERAL PROVISIONS.
§24-1-3. Commission continued; membership; chairman; compensation;
quorum.
(a) The Public Service Commission of West Virginia is
continued and directed as provided by this chapter, chapter twenty-
four-a, chapter twenty-four-b and chapter twenty-four-d of this
code. After having conducted a performance audit through its joint
committee on government operations, pursuant to section nine,
article ten, chapter four of this code, the Legislature hereby
finds and declares that the Public Service Commission should be
continued and reestablished. Accordingly, notwithstanding the
provisions of section five, article ten, chapter four of this code,
the Public Service Commission shall continue to exist until July 1,
two thousand three. The Public Service Commission may sue and be
sued by that name.
(b) The Public Service Commission shall consist of three
members who shall be appointed by the Governor, with the advice and
consent of the Senate. The commissioners shall be citizens and
residents of this state and at least one of them shall be duly
licensed to practice law in West Virginia, with not less than ten
years' actual work experience in the legal profession as a member
of a State Bar.
(c) No more than two of the commissioners shall be members of the same political party.
(d) Each commissioner shall, before entering upon the duties
of his or her office, take and subscribe to the oath provided by
section five, article IV of the Constitution of this state. The
oath shall be filed in the office of the Secretary of State.
(e) The Governor shall designate one of the commissioners to
serve as chairman at the Governor's will and pleasure. The
chairman shall be the chief administrative officer of the
commission. The Governor may remove any commissioner only for
incompetency, neglect of duty, gross immorality, malfeasance in
office or violation of subsection (c) subsections (g) and (h) of
this section.
(b) (f) The unexpired terms of members of the Public Service
Commission at the time this subsection becomes effective are
continued. Upon expiration of the terms, appointments are for
terms of six years, except that an appointment to fill a vacancy is
for the unexpired term only. The commissioners whose terms are
terminated by the provisions of this subsection are eligible for
reappointment.
(c) (g) No person while in the employ of, or holding any
official relation to, any public utility subject to the provisions
of this chapter or holding any stocks or bonds of a public utility
subject to the provisions of this chapter or who is pecuniarily
interested in a public utility subject to the provisions of this
chapter may serve as a member of the commission or as an employee of the commission.
(h) Nor may any commissioner be a candidate for or hold public
office or be a member of any political committee while acting as a
commissioner; nor may any commissioner or employee of the
commission receive any pass, free transportation or other thing of
value, either directly or indirectly, from any public utility or
motor carrier subject to the provisions of this chapter. In case
any of the commissioners becomes a candidate for any public office
or a member of any political committee, the Governor shall remove
him or her from office and shall appoint a new commissioner to fill
the vacancy created.
(d) (i) The salaries of members of the Public Service
Commission and the manner in which they are paid established by the
prior enactment of this section are continued. Effective July 1,
2001, The annual salary of each commissioner provided in section
two-a, article seven, chapter six of this code shall be paid in
monthly installments from the special funds in the percentages that
follow:
(1) From the Public Service Commission Fund collected under
the provisions of section six, article three of this chapter,
eighty percent;
(2) From the Public Service Commission Motor Carrier Fund
collected under the provisions of section six, article six, chapter
twenty-four-a of this code, seventeen percent; and
(3) From the Public Service Commission Gas Pipeline Safety Fund collected under the provisions of section three, article five,
chapter twenty-four-b of this code, three percent.
(j) In addition to the salary provided for all commissioners
in section two-a, article seven, chapter six of this code, the
chairman of the commission shall receive $5,000 per annum to be
paid in monthly installments from the Public Service Commission
Fund collected under the provisions of section six, article three
of this chapter.
(k) On a matter requiring a public hearing on a public utility
by the commissioners of the Public Service Commission, at least one
commissioner must be present before that hearing may be conducted.
§24-1-4. Appointment, duties and compensation of secretary and
other employees; hearings generally; public comment;
outside employment by certain employees prohibited.
The commission shall appoint a secretary and such other
employees as may be necessary to carry out the provisions of this
chapter and shall fix their respective salaries or compensations.
It shall be the duty of the secretary to keep a full and true
record of all proceedings, acts, orders and judgments of the
commission, to issue all necessary process, returns and notices, to
keep all books, maps, documents and papers ordered filed by the
commission, and all orders made by the commission or approved and
confirmed by it and ordered to be filed; and he shall be
responsible to the commission for the safe custody and preservation
of all such documents in his office. He may administer oaths in all parts of the state, so far as the exercise of such power is
properly incidental to the performance of his duty or that of the
commission.
The commission may designate such of its employees as it deems
necessary to hold hearings, held or required by this chapter, and
to take evidence at such hearings, which employees are hereby
empowered to subpoena witnesses, administer oaths, take testimony,
require the production of documentary evidence and exercise such
other powers and perform such other duties as may be delegated to
them and required by the commission, in any proceeding or
examination instituted or conducted by the commission under this
chapter, at any designated place of hearing within the state. The
Commission shall provide a web site to accept comments from West
Virginia residents regarding any matter under the auspices of the
Commission or before the commission. The Commission staff shall
report to the full commission all comments and suggestions received
through the web site.
Any commissioner or person employed by the commission other
than on a part-time basis shall devote full time to the performance
of his duties as such commissioner or employee during the regular
working hours as set by the commission.
ARTICLE 2A. REDUCED RATES FOR LOW-INCOME RESIDENTIAL CUSTOMERS OF
ELECTRICITY AND GAS.
§24-2A-2. Recovery of revenue deficiencies.
In order to provide the special reduced rates mandated by sections one and five of this article and still maintain the
integrity of the earnings of the utilities offering service under
these rates, the commission shall each year, beginning in the year
one thousand nine hundred eighty-four, determine, upon application
by any affected utility, that utility's revenue deficiency
resulting from the special reduced rates. Upon determining any
utility's revenue deficiency, the commission shall issue an order
certifying the amount of that deficiency. Certified revenue
deficiencies shall be recovered by the affected utilities as
follows:
(1) A utility's certified revenue deficiency, if any,
resulting from the special reduced rates shall be allowed as a tax
credit against the liability of the utility pursuant to the
provisions of article thirteen-f of chapter eleven of this code.
(2) After allowance of a tax credit pursuant to the provisions
of article thirteen-f of chapter eleven, a utility's remaining
revenue deficiency, if any, resulting from the special reduced
rates, shall be allowed as a tax credit against the liability of
the utility pursuant to the provisions of section eleven, article
twenty-four of chapter eleven.
§24-2A-5. Special rates for certain water utility customers
.
(a) The commission may authorize a privately owned water
utility to voluntarily implement a rate design featuring reduced
rates and charges for service for residential utility customers,
sixty years of age or older, receiving:
(1) Social Security Supplemental Security Income (SSI);
(2) Temporary Assistance for Needy Families (TANF);
(3) Temporary Assistance for Needy Families-Unemployed Parent
Program (TANF-UP);or
(4) Assistance from the Supplemental Nutrition Assistance
Program (SNAP).
(b) The special reduced rate offered by each water utility to
its eligible customers shall be a percentage less, which shall be
approved by the commission, than the rate that would be applicable
to such customers if they were not receiving any of the four forms
of assistance that confer eligibility for the special reduced rates
approved by the commission: Provided, That such rate reduction
shall not exceed twenty percent of the rate that would be otherwise
applicable.
(c) Before any individual may qualify to receive the special
reduced rates, the following requirements must be met:
(1) The special reduced rates may apply only to current
customers or to those persons who subsequently become customers in
their own right. If an SSI, TANF-UP or SNAP recipient is living in
a household that is served under the name of a person who is not an
SSI, TANF, TANF-UP or SNAP recipient, that service may not be
changed or have been changed subsequent to July 1 , 2011, to the
name of the SSI, TANF, TANF-UP or SNAP recipient in order to
qualify for service under the special reduced rates.
(2) The burden of proving eligibility for the special reduced rates shall be on the customer requesting such rates. The
Department of Health and Human Resources shall establish by rules
procedures:
(A) To inform persons receiving any of the four forms of
assistance that confer eligibility for the special reduced rates
about the availability of the special reduced rates;
(B) To assist applicants for the special reduced rates in
proving their eligibility therefor; and
(C) To assist water utilities offering the special reduced
rates in determining on a continuing basis the eligibility therefor
of persons receiving or applying for such rates.
The commission shall establish rules and procedures for the
application for and provision of service under the special reduced
rates and for the determination and certification of revenue
deficiencies resulting from the special reduced rates.
(3) In order to provide each eligible residential utility
customer the special reduced rates, each utility providing the
special reduced rates shall credit against amounts otherwise owed
by each customer an amount equal to the difference between the
total amount that each customer was actually billed during the
previous month and the total amount that each customer would have
been entitled to be billed under the special reduced rates. Each
credit shall be fully reflected on the first bill issued to each
customer after approval of each customer's application for the
special reduced rates, except in cases where the interval between the approval and the issuance of the next bill is so short that it
is administratively impracticable to do so, in which case, such
credits shall be fully reflected on the second bill issued to each
customer after approval of that customer's application. If the
interval between the approval and the issuance of the next bill is
fifteen days or more, it may not be deemed administratively
impracticable to reflect the credit on the customer's first bill.
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO
REGULATIONS OF COMMISSION.
§24-3-2. Discrimination prohibited.
No public utility subject to the provisions of this chapter
shall, directly or indirectly, by any special rate, rebate,
drawback or other device or method, charge, demand, collect or
receive from any person, firm or corporation, a greater or less
compensation, for any service rendered or to be rendered, than it
charges, demands, collects, or receives from any other person, firm
or corporation for doing a like and contemporaneous service under
the same or substantially similar circumstances and conditions.
It shall be unlawful for any public utility subject to the
provisions of this chapter to make or give any undue or
unreasonable preference or advantage to any particular person,
company, firm, corporation or locality, or any particular character
of traffic or service, in any respect whatsoever, or to subject any
particular person, firm, corporation, company or locality, or any
particular character of traffic or service, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
Nothing in this section shall be construed to prevent the
commission from:
(a) Authorizing or requiring any rate design consistent with
the purposes and policies set forth in article two-a of this
chapter; or
(b) Authorizing a private water utility to voluntarily
implement a rate design featuring reduced rates and charges for
service to qualifying low-income residential customers.
At the request of Senator Chafin, and by unanimous consent,
the bill (Eng. Com. Sub. for H. B. No. 2663), as amended, was
advanced to third reading with the right for further amendments to
be considered on that reading.
Eng. Com. Sub. for House Bill No. 2745, Providing that certain
information provided by insurance companies to the Insurance
Commissioner is confidential.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §33-4-14 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding thereto a new article, designated §33-4A-1, §33-4A-2, §33-4A-3,
§33-4A-4, §33-4A-5, §33-4A-6, §33-4A-7 and §33-4A-8, all to read as
follows:
ARTICLE 4. GENERAL PROVISIONS.
§33-4-14. Financial statement filings; annual and quarterly
statements; required format; foreign insurers;
agents of the commissioner.
(a) Each licensed insurer shall annually on or before March 1,
unless the time is extended by the commissioner for good cause
shown, file with the commissioner a true statement of its financial
condition, transactions and affairs as of the preceding December
31. Such statement shall be on the appropriate National
Association of Insurance Commissioners annual statement blank;
shall be prepared in accordance with the National Association of
Insurance Commissioners annual statement instructions handbook; and
shall follow the accounting practices and procedures prescribed by
the National Association of Insurance Commissioners accounting
practices and procedures manual as amended: Provided, That each
licensed insurer shall also file true statements of financial
condition on a more frequent basis if the commissioner so orders.
The commissioner shall establish the frequency, due date and form
acceptable to him or her for such filings: Provided, however, That
the statement of an alien insurer shall relate only to its
transactions and affairs in the United States unless the
commissioner requires otherwise.
(b) Each domestic insurer shall also file with the
commissioner a true quarterly statement of its financial condition,
transactions and affairs as of March 31, June 30, and September 30,
of each year. Quarterly statements shall be due forty-five days
after the end of each quarter. All quarterly statements shall be
submitted on the appropriate National Association of Insurance
Commissioners quarterly statement blank; shall be prepared in
accordance with the National Association of Insurance Commissioners
quarterly statement instructions; and shall follow the accounting
practices and procedures prescribed by the National Association of
Insurance Commissioners accounting practices and procedures manual,
as amended. The commissioner may subject any licensed insurer to
the requirements of this section whenever the commissioner deems it
necessary.
(c) The commissioner may require that all or part of the
information contained in the annual statement blank and the
quarterly statement blanks be submitted to the department in a
computer-readable form compatible with the electronic data
processing system of the department.
(d) Each domestic, foreign and alien insurer, organization or
corporation who that is subject to the requirements of this section
shall annually, on or before March 1 each year, and forty-five days
after the end of the first, second and third calendar quarters,
file with the National Association of Insurance Commissioners a
copy of its annual statement convention blank and the quarterly
statement blanks, along with such additional filings as prescribed by the commissioner and shall pay the fee established by the
National Association of Insurance Commissioners for filing, review
or processing of the information. The information filed with the
National Association of Insurance Commissioners shall be in the
same format and scope as that required by the commissioner and
shall include the signed jurat page and any other required
information. Any amendments and addenda to the annual statement
filing and quarterly statement filings subsequently filed with the
commissioner shall also be filed with the National Association of
Insurance Commissioners.
(e) Foreign insurers that are domiciled in a state which has
a law substantially similar to subsection (a) of this section shall
be deemed in compliance with this section.
(f) In the absence of actual malice, members of the National
Association of Insurance Commissioners, their duly authorized
committees, subcommittees and task forces, their delegates,
National Association of Insurance Commissioners employees and all
others charged with the responsibility of collecting, reviewing,
analyzing and disseminating the information developed from the
filing of the annual statement convention blanks and the quarterly
statement blanks shall be acting as agents of the commissioner
under the authority of this article and shall not be subject to
civil liability for libel, slander or any other cause of action by
virtue of their collection, review, and analysis or dissemination
of the data and information collected from the filings required
hereunder.
(g)(1) All financial analysis ratios and examination synopses
concerning insurance companies that are submitted to the department
commissioner by the National Association of Insurance Commissioners
insurance regulatory information system, are confidential and may
not be disclosed by the department and all actuarial reports, work
papers and actuarial summaries submitted by insurers in conjunction
with their annual financial statements is confidential by law and
privileged. These documents are not subject to disclosure pursuant
to chapter twenty-nine-b of this code, are not subject to subpoena
and are not subject to discovery or admissible as evidence in any
private civil action: Provided, That nothing in this section may
be construed to limit the ability of parties in a civil action to
discover such information from insurers under the Rules of Civil
Procedure.
(2) This subsection shall not be construed to limit the
commissioner's authority to release the documents to the Actuarial
Board for Counseling and Discipline (ABCD), so long as the material
is required for the purpose of professional disciplinary
proceedings and the ABCD establishes procedures satisfactory to the
commissioner for preserving the confidentiality of the documents;
nor shall this section be construed to limit the commissioner's
authority to use the documents, materials or other information in
furtherance of any regulatory or legal action brought as part of
the commissioner's official duties.
(3) Neither the commissioner nor any person who received
documents, materials or other information while acting under the authority of the commissioner shall be permitted or required to
testify in any private civil action concerning any confidential
documents, materials or information subject to subdivision (1) of
this subsection.
(4) In order to assist in the performance of the
commissioner's duties, the commissioner:
(A) May share documents, materials or other information,
including the confidential and privileged documents, materials or
information subject to subdivision (1) of this subsection with
other state, federal and international regulatory agencies, and
with state, federal and international law enforcement authorities,
provided that the recipient agrees to maintain the confidentiality
and privileged status of the document, material or other
information and has the legal authority to maintain
confidentiality; and,
(B) May receive documents, materials or information, including
otherwise confidential and privileged documents, materials or
information, from the National Association of Insurance
Commissioners and its affiliates and subsidiaries, and from
regulatory and law enforcement officials of other foreign or
domestic jurisdictions, and shall maintain as confidential or
privileged any document, material or information received with
notice or the understanding that it is confidential or privileged
under the laws of the jurisdiction that is the source of the
document, material or information.
(h) The commissioner may suspend, revoke or refuse to renew
the certificate of authority of any insurer failing to file its
annual statement or the quarterly statement blanks, or any other
statement of financial condition required by this section, when due
or within any extension of time which the commissioner, for good
cause, may have granted.
(i) Any variance to the requirements of this section shall
require the express authorization of the commissioner.
(j) The commissioner shall promulgate legislative propose
rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code to effectuate the
requirements of this article.
ARTICLE 4A. ALL-PAYER CLAIMS DATABASE.
§33-4A-1. Definitions.
(a) "All-payer claims database" or "APCD" means the program
authorized by this article that collects, retains, uses and
discloses information concerning the claims and administrative
expenses of health care payers.
(b) "Chair" means the chairperson of the West Virginia Health
Care Authority.
(c) "Commissioner" means the West Virginia Insurance
Commissioner.
(d) "Data" means the data elements from enrollment and
eligibility files, specified types of claims, and reference files for date elements not maintained in formats consistent with
national coding standards.
(e) "Health care payer" means any entity that pays or
administers the payment of health insurance claims or medical
claims under workers' compensation insurance to providers in this
state, including workers' compensation insurers; accident and
sickness insurers; nonprofit hospital service corporations, medical
service corporations and dental service organizations; nonprofit
health service corporations; prepaid limited health service
organizations; health maintenance organizations; and government
payers, including but not limited to Medicaid, Medicare and the
public employees insurance agency; the term also includes any
third-party administrator including any pharmacy benefit manager,
that administers a fully-funded or self-funded plan:
A "health insurance claim" does not include:
(1) Any claim paid under an individual or group policy
providing coverage only for accident, or disability income
insurance or any combination thereof; coverage issued as a
supplement to liability insurance; liability insurance, including
general liability insurance and automobile liability; credit-only
insurance; coverage for on-site medical clinics; other similar
insurance coverage, which may be specified by rule, under which
benefits for medical care are secondary or incidental to other
insurance benefits; or
(2) Any of the following if provided under a separate policy, certificate, or contract of insurance: Limited scope dental or
vision benefits: benefits for long-term care, nursing home care,
home health care, community-based care, or any combination
thereof; coverage for only a specified disease or illness; or
hospital indemnity or other fixed indemnity insurance.
"Health insurance claims" shall only include information from
Medicare supplemental policies if the same information is obtained
with respect to Medicare.
(f) "Personal identifiers" means information relating to an
individual member or insured that identifies, or can be used to
identify, locate or contact a particular individual member or
insured, including but not limited to the individual's name, street
address, social security number, e-mail address and telephone
number.
(g) "Secretary" means the Secretary of the West Virginia
Department of Health and Human Services.
(h) "Third-party administrator" has the same meaning ascribed
to it in section two, article forty-six of this chapter.
§33-4A-2. Establishment and development of an all-payer claims
database.
(a) The secretary, commissioner and chair, collectively
referred to herein as the "MOU parties", shall enter into a
memorandum of understanding to develop an all-payer claims database
program.
(b) The memorandum of understanding shall, at a minimum:
(1) Provide that the commissioner will have primary
responsibility for the collection of the data in order to
facilitate the efficient administration of state oversight, the
secretary will have primary responsibility for the retention of
data supplied to the state under its health care oversight
function, and the chair will have primary responsibility for the
dissemination of the data;
(2) Delineate the MOU parties' roles, describe the process to
develop legislative rules required by this article, establish
communication processes and a coordination plan, and address vendor
relationship management;
(3) Provide for the development of a plan for the financial
stability of the APCD, including provision for funding by the MOU
parties' agencies; and
(4) Provide for the use of the hospital discharge data
collected by the West Virginia Health Care Authority as a tool in
the validation of APCD reports.
§33-4A-3. Powers of the commissioner, secretary and chair;
exemption from purchasing rules.
(a) The MOU parties may:
(1) Accept gifts, bequests, grants or other funds dedicated to
the furtherance of the goals of the APCD;
(2) Select a vendor to handle data collection and processing
and such other tasks as deemed appropriate;
(3) Enter into agreements with other states to perform joint
administrative operations, share information and assist in the
development of multistate efforts to further the goals of this
article: Provided, That any such agreements must include adequate
protections with respect to the confidentiality of the information
to be shared and comply with all state and federal laws and
regulations;
(4) Enter into memoranda of understanding with other
governmental agencies to carry out any of its functions, including
contracts with other states to perform joint administrative
functions;
(5) Attempt to ensure that the requirements with respect to
the reporting of data be standardized so as to minimize the expense
to parties subject to similar requirements in other jurisdictions;
(6) Enter into voluntary agreements to obtain data from payers
not subject to mandatory reporting under this article; and
(7) Exempt a payer for class of payers from the requirements
of this article for cause.
(b) Contracts for professional services for the development
and operation of the APCD are not subject to the provisions of
article three, chapter five-a of this code relating to the
Purchasing Division of the Department of Administration. The award
of such contracts shall be subject to a competitive process
established by the MOU parties.
(c) The MOU parties shall make an annual report to the Governor, which shall also be filed with the Joint Committee on
Government and Finance, summarizing the activities of the APCD in
the preceding calendar year.
§33-4A-4. Data subject to this article.
(a) All health care payers shall submit data to the
commissioner or an entity designated by the commissioner at such
times and in a form specified in rule. Any health care payer that
the commissioner determines paid or administered the payment of
health insurance claims in this state for policies on fewer than
500 covered lives in the previous calendar year is exempt from the
requirements of this article.
(b) Data submitted in accordance with this article shall be
considered confidential by law and privileged, are exempt from
disclosure pursuant to chapter twenty-nine-b of this code, are not
open to public inspection, are not subject to subpoena, are not
subject to discovery or admissible in evidence in any criminal,
private civil or administrative action, are not subject to
production pursuant to court order, and shall only be used and
disclosed pursuant to law and legislative rules promulgated
pursuant to this article.
(c)(1) Data submitted to and retained by the APCD shall be
available as a resource for the MOU parties to continuously review
health care utilization, expenditures and performance in West
Virginia and to enhance the ability of consumers to make informed
and cost-effective health care decisions.
(2) Data submitted to and retained by the APCD may, in
accordance with this article and the legislative rules promulgated
pursuant to this article, also be available as a resource for
insurers, researchers, employers, providers, purchasers of health
care, consumers, and state agencies.
(d) Notwithstanding any other provision of law to the
contrary, the APCD shall not disclose any data that contain
personal identifiers. The MOU parties, in accordance with
procedures and standards set forth in legislative rule, may approve
access to other data elements not prohibited from disclosure by the
APCD, as well as synthetic or created unique identifiers, for use
by researchers, including government agencies, with
established protocols for safeguarding confidential or privileged
information. The MOU parties' use of the data shall not constitute
a disclosure.
§33-4A-5. User fees; waiver.
Reasonable user fees may be set in the manner established in
legislative rule, for the right to access and use the data
available from the APCD. The chair may reduce or waive the fee if
he or she determines that the user is unable to pay the scheduled
fees and that the user has a viable plan to use the data or
information in research of general value to the public health.
§33-4A-6. Enforcement; injunctive relief.
In the event of any violation of this article or any rule
adopted thereunder, the commissioner, secretary or chair may seek to enjoin a further violation in the circuit court of Kanawha
County. Injunctive relief ordered pursuant to this section may be
in addition to any other remedies and enforcement actions available
to the commissioner under this chapter.
§33-4A-7. Special revenue account created.
(a) There is hereby created a special revenue account in the
State Treasury, designated the West Virginia All-Payer Claims
Database Fund, which shall be an interest-bearing account and may
be invested in the manner permitted by article six, chapter twelve
of this code, with the interest income a proper credit to the fund
and which shall not revert to the general revenue, unless otherwise
designated in law. The fund shall be overseen by the commissioner,
secretary and chair, shall be administered by the commissioner, and
shall be used to pay all proper costs incurred in implementing the
provisions of this article.
(b) The following funds shall be paid into this account:
(1) Penalties imposed on health care payers pursuant to this
article and rules promulgated hereunder;
(2) Funds received from the federal government;
(3) Appropriations from the Legislature; and
(4) All other payments, gifts, grants, bequests or income from
any source.
§33-4A-8. Rule-making authority.
To effectuate the provisions of this article, the MOU parties may propose joint rules for legislative approval in accordance with
the provisions of article three, chapter twenty-nine-a of this code
as necessary to implement this article. No actions to collect data
or assess fees pursuant to this article may be undertaken until
rules promulgated hereunder are made effective. Such rules may
include, but are not limited to, the following:
(a) Procedures for the collection, retention, use and
disclosure of data from the APCD, including procedures and
safeguards to protect the privacy, integrity, confidentiality and
availability of any data;
(b) Penalties against health care payers for violation of
rules governing the submission of data, including a schedule of
fines for failure to file data or to pay assessments;
(c) Fees payable by users of the data and the process for a
waiver or reduction of user fees. Any such fees shall be
established at a level that, when considered together with other
available funding sources, is deemed necessary to sustain the
operation of the APCD;
(d) A proposed time frame for the creation of the database;
(e) Criteria for determining whether data collected, beyond
the listed personal identifiers, is confidential clinical,
confidential financial data or privileged medical information, and
procedures to give affected providers and health care payers notice
and opportunity to comment in response to requests for information
that may be considered confidential or privileged;
(f) Penalties, including fines and other administrative
sanctions, that may be imposed by the commissioner for a health
care payer's failure to comply with requirements of this article
and rules adopted hereunder; and
(g) Establishment of advisory boards to provide advice to the
MOU parties with respect to the various functions of the APCD.
The bill (Eng. Com. Sub. for H. B. No. 2745), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2752, Increasing the maximum
age for persons applying for appointment for the police force in a
Class I or Class II city from thirty-five to forty years.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
"
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS,
AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS
AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE
AND PARKING LOT OR PARKING BUILDING POLICE
OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE
DEPARTMENTS.
§8-14-12. Form of application; age and residency requirements; exceptions.
(a) The policemen's civil service commission in each Class I
and Class II city shall require individuals a person applying for
admission to any competitive examination provided for under the
civil service provisions of this article or under the commission's
rules and regulations of said commission to file in its office,
within a reasonable time prior to the proposed examination, a
formal application in which the applicant shall state under oath or
affirmation:
(1) His The applicant's full name, residence and post-office
address;
(2) His The applicant's United States citizenship, age and the
place and date of his the applicant's birth;
(3) His The applicant's state of health and his the
applicant's physical capacity for the public service;
(4) His The applicant's business and employments and
residences for at least three previous years; and
(5) Such Other information as may reasonably be required,
touching upon the applicant's qualifications and fitness for the
public service.
(b) Blank forms for such Applications shall be furnished by
the commission, without charge. to all individuals requesting the
same. The commission may require, in connection with such the
application, such the certificates of citizens, physicians and
others, having pertinent knowledge concerning the applicant, as the good of the service may require.
(c) No application Notwithstanding the provisions of article
five, chapter eleven of this code, a person may not submit an
application for original appointment shall be received if the
individual applying person is less than eighteen years of age or
more than thirty-five forty years of age at the date of his the
individual's application: Provided, That in the event any
(d) Notwithstanding the requirements established in this
section,
if an applicant formerly served upon the paid police
department of the city to which he or she makes application, for a
period of more than his or her probationary period, and resigned
from the department at a time when there were no charges of
misconduct or other misfeasance pending against such the applicant,
within a period of two years next preceding the date of his or her
application, and at the time of his or her application resides
within the corporate limits of the city in which the paid police
department to which he the individual seeks appointment by
reinstatement is located, then such the individual shall be
eligible for appointment by reinstatement in the discretion of the
policemen's civil service commission. even though such The
applicant shall be may be over the age of thirty-five forty years.
and such The applicant, providing his or her former term of service
so justifies, may be appointed by reinstatement to the paid police
department without a competitive examination, but such the
applicant shall undergo a medical examination. and if such
individual shall be so appointed by reinstatement to the paid police department, he The applicant shall be the lowest in rank in
the department next above the probationers of the department.
Any applicant for original appointment must have been a
resident for one year, during some period of time prior to the date
of his application, of the city in which he seeks to become a
member of the paid police department: Provided, That if the
commission deems it necessary it may consider for original
appointment or for reinstatement under the preceding proviso of
this section, applicants who are not residents of the city but who
have been residents of the county in which the city or any portion
of the territory thereof is located for a period of at least one
year.
The bill (Eng. Com. Sub. for H. B. No. 2752), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2757, Providing for
evaluation of professional personnel in the public schools.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 2. SCHOOL PERSONNEL.
§18A-2-2. Employment of teachers; contracts; continuing contract status; how terminated; dismissal for lack of need;
released time; failure of teacher to perform contract
or violation thereof; written notice bonus for
teachers and professional personnel.
(a) Before entering upon their duties, all teachers shall
execute a contract with their county boards, which shall state the
salary to be paid and shall be in the form prescribed by the state
superintendent. Each contract shall be signed by the teacher and
by the president and secretary of the county board and shall be
filed, together with the certificate of the teacher, by the
secretary of the office of the county board: Provided, That when
necessary to facilitate the employment of employable professional
personnel and prospective and recent graduates of teacher education
programs who have not yet attained certification, the contract may
be signed upon the condition that the certificate is issued to the
employee prior to the beginning of the employment term in which the
employee enters upon his or her duties.
(b) Each teacher's contract, under this section, shall be
designated as a probationary or continuing contract. A
probationary teacher's contract shall be for a term of not less
than one nor more than three years, one of which shall be for
completion of a beginning teacher internship pursuant to the
provisions of section two-b, article three of this chapter, if
applicable. If, after three years of such employment, the teacher
who holds a professional certificate, based on at least a
bachelor's degree, has met the qualifications for a bachelor's degree and the county board enter into a new contract of
employment, it shall be a continuing contract, subject to the
following:
(1) Any teacher holding a valid certificate with less than a
bachelor's degree who is employed in a county beyond the three-year
probationary period shall upon qualifying for the professional
certificate based upon a bachelor's degree, if reemployed, be
granted continuing contract status; and
(2) A teacher holding continuing contract status with one
county shall be granted continuing contract status with any other
county upon completion of one year of acceptable employment if the
employment is during the next succeeding school year or immediately
following an approved leave of absence extending no more than one
year.
(c) The continuing contract of any teacher shall remain in
full force and effect except as modified by mutual consent of the
school board and the teacher, unless and until terminated, subject
to the following:
(1) A continuing contract may not be terminated except:
(A) By a majority vote of the full membership of the county
board on or before February 1 May 1 of the then current year, after
written notice, served upon the teacher, return receipt requested,
stating cause or causes and an opportunity to be heard at a meeting
of the board prior to the board's action on the termination issue;
or
(B) By written resignation of the teacher on or before
February 1 May 1 to initiate termination of a continuing contract;
(2) The termination shall take effect at the close of the
school year in which the contract is terminated;
(3) The contract may be terminated at any time by mutual
consent of the school board and the teacher;
(4) This section does not affect the powers of the school
board to suspend or dismiss a principal or teacher pursuant to
section eight of this article;
(5) A continuing contract for any teacher holding a
certificate valid for more than one year and in full force and
effect during the school year 1984-1985 shall remain in full force
and effect;
(6) A continuing contract does not operate to prevent a
teacher's dismissal based upon the lack of need for the teacher's
services pursuant to the provisions of law relating to the
allocation to teachers and pupil-teacher ratios. The written
notification of teachers being considered for dismissal for lack of
need shall be limited to only those teachers whose consideration
for dismissal is based upon known or expected circumstances which
will require dismissal for lack of need. An employee who was not
provided notice and an opportunity for a hearing pursuant to this
subsection may not be included on the list. In case of dismissal
for lack of need, a dismissed teacher shall be placed upon a
preferred list in the order of their length of service with that board. No teacher may be employed by the board until each
qualified teacher upon the preferred list, in order, has been
offered the opportunity for reemployment in a position for which he
or she is qualified, not including a teacher who has accepted a
teaching position elsewhere. The reemployment shall be upon a
teacher's preexisting continuing contract and has the same effect
as though the contract had been suspended during the time the
teacher was not employed.
(d) In the assignment of position or duties of a teacher
under a continuing contract, the board may provide for released
time of a teacher for any special professional or governmental
assignment without jeopardizing the contractual rights of the
teacher or any other rights, privileges or benefits under the
provisions of this chapter. Released time shall be provided for
any professional educator while serving as a member of the
Legislature during any duly constituted session of that body and
its interim and statutory committees and commissions without
jeopardizing his or her contractual rights or any other rights,
privileges, benefits or accrual of experience for placement on the
state minimum salary schedule in the following school year under
the provisions of this chapter, board policy and law.
(e) Any teacher who fails to fulfill his or her contract with
the board, unless prevented from doing so by personal illness or
other just cause or unless released from his or her contract by the
board, or who violates any lawful provision of the contract, is
disqualified to teach in any other public school in the state for a period of the next ensuing school year and the state Department
of Education or board may hold all papers and credentials of the
teacher on file for a period of one year for the violation:
Provided, That marriage of a teacher is not considered a failure to
fulfill, or violation of, the contract.
(f) Any classroom teacher, as defined in section one, article
one of this chapter, who desires to resign employment with a county
board or request a leave of absence, the resignation or leave of
absence to become effective on or before July 15 of the same year
and after completion of the employment term, may do so at any time
during the school year by written notification of the resignation
or leave of absence and any notification received by a county board
shall automatically extend the teacher's public employee insurance
coverage until August 31 of the same year.
(g) (1) A classroom teacher who gives written notice to the
county board on or before December 1 of the school year of his or
her retirement from employment with the board at the conclusion of
the school year shall be paid $500 from the Early Notification of
Retirement line item established for the Department of Education
for this purpose, subject to appropriation by the Legislature. If
the appropriations to the Department of Education for this purpose
are insufficient to compensate all applicable teachers, the
Department of Education shall request a supplemental appropriation
in an amount sufficient to compensate all such those teachers
giving the written notice. Additionally, if funds are still
insufficient to compensate all applicable teachers, the priority of payment is for teachers who give written notice the earliest. This
payment shall not be counted as part of the final average salary
for the purpose of calculating retirement.
(2) The position of a classroom teacher providing written
notice of retirement pursuant to this subsection may be considered
vacant and the county board may immediately post the position as an
opening to be filled at the conclusion of the school year. If a
teacher has been hired to fill the position of a retiring classroom
teacher prior to the start of the next school year, the retiring
classroom teacher is disqualified from continuing his or her
employment in that position. However, the retiring classroom
teacher may be permitted to continue his or her employment in that
position and forfeit the early retirement notification payment if,
after giving notice of retirement in accordance with this
subsection, he or she becomes subject to a significant unforeseen
financial hardship, including a hardship caused by the death or
illness of an immediate family member or loss of employment of a
spouse. Other significant unforeseen financial hardships shall be
determined by the county superintendent on a case-by-case basis.
This subsection does not prohibit a county school board from
eliminating the position of a retiring classroom teacher.
§18A-2-6. Continuing contract status for service personnel;
termination.
(a) After three years of acceptable employment, each service
personnel employee person who enters into a new contract of employment with the board shall be granted continuing contract
status: Provided, That a service personnel employee person holding
continuing contract status with one county shall be granted
continuing contract status with any other county upon completion of
one year of acceptable employment if such the employment is during
the next succeeding school year or immediately following an
approved leave of absence extending no more than one year. The
continuing contract of any such the employee shall remain in full
force and effect except as modified by mutual consent of the school
board and the employee, unless and until terminated with written
notice, stating cause or causes, to the employee, by a majority
vote of the full membership of the board before February May 1 of
the then current year, or by written resignation of the employee on
or before that date. The affected employee has the right of a
hearing before the board, if requested, before final action is
taken by the board upon the termination of such his or her
employment.
(b) Those employees who have completed three years of
acceptable employment as of the effective date of this legislation
shall be granted continuing contract status.
§18A-2-7. Assignment, transfer, promotion, demotion, suspension
and recommendation of dismissal of school personnel
by superintendent; preliminary notice of transfer;
hearing on the transfer; proof required.
(a) The superintendent, subject only to approval of the board, may assign, transfer, promote, demote or suspend school personnel
and recommend their dismissal pursuant to provisions of this
chapter. However, an employee shall be notified in writing by the
superintendent on or before February April 1 if he or she is being
considered for transfer or to be transferred. Only those employees
whose consideration for transfer or intended transfer is based upon
known or expected circumstances which will require the transfer of
employees shall be considered for transfer or intended for transfer
and the notification shall be limited to only those employees. Any
teacher or employee who desires to protest the proposed transfer
may request in writing a statement of the reasons for the proposed
transfer. The statement of reasons shall be delivered to the
teacher or employee within ten days of the receipt of the request.
Within ten days of the receipt of the statement of the reasons, the
teacher or employee may make written demand upon the superintendent
for a hearing on the proposed transfer before the county board. of
education The hearing on the proposed transfer shall be held on or
before March May 15. At the hearing, the reasons for the proposed
transfer must be shown.
(b) The superintendent at a meeting of the board on or before
March May 15 shall furnish in writing to the board a list of
teachers and other employees to be considered for transfer and
subsequent assignment for the next ensuing school year. An
employee who was not provided notice and an opportunity for a
hearing pursuant to subsection (a) of this section may not be
included on the list. All other teachers and employees not so listed shall be considered as reassigned to the positions or jobs
held at the time of this meeting. The list of those recommended
for transfer shall be included in the minute record of the meeting
and all those so listed shall be notified in writing, which notice
shall be delivered in writing, by certified mail, return receipt
requested, to the persons' last known addresses within ten days
following the board meeting, of their having been so recommended
for transfer and subsequent assignment and the reasons therefor.
(c) The superintendent's authority to suspend school personnel
shall be temporary only pending a hearing upon charges filed by the
superintendent with the board of Education and the period of
suspension may not exceed thirty days unless extended by order of
the board.
(d) The provisions of this section respecting hearing upon
notice of transfer is not applicable in emergency situations where
the school building becomes damaged or destroyed through an
unforeseeable act and which act necessitates a transfer of the
school personnel because of the aforementioned condition of the
building.
§18A-2-8a. Notice to probationary personnel of rehiring or
nonrehiring; hearing.
(a) The superintendent at a meeting of the board on or before
March 15 May 30 of each year shall provide in writing to the board
a list of all probationary teachers that he or she recommends to be
rehired for the next ensuing school year. The board shall act upon the superintendent's recommendations at that meeting in accordance
with section one of this article. The board at this same meeting
also shall also act upon the retention of other probationary
employees as provided in sections two and five of this article.
Any such probationary teacher or other probationary employee who is
not rehired by the board at that meeting shall be notified in
writing, by certified mail, return receipt requested, to such the
persons' last known addresses within ten days following said the
board meeting, of their not having been rehired or not having been
recommended for rehiring.
(b) Any probationary teacher who receives notice that he or
she has not been recommended for rehiring or other probationary
employee who has not been reemployed may within ten days after
receiving the written notice request a statement of the reasons for
not having been rehired and may request a hearing before the board.
The hearing shall be held at the next regularly scheduled county
board of education meeting or a special meeting of the board called
within thirty days of the request for hearing. At the hearing, the
reasons for the nonrehiring must be shown.
§18A-2-12. Performance evaluations of school personnel;
professional personnel evaluation process.
(a) The Legislature finds that all personnel should be
evaluated annually, but there are many methods of evaluating and
the types of evaluations can be different.
(a) (b) The state board shall adopt
of education in the evaluation of the employment
performance of personnel employed by the board. If necessary, the
state board shall promulgate an emergency rule to implement the
provisions of this section.
(b) (c) The system adopted by the state board for evaluating
the employment performance of professional personnel shall be in
accordance with the provisions of this section.
(c) (d) For purposes of this section, "professional
personnel", "professional" or "professionals", means professional
personnel as defined in section one, article one of this chapter.
(d) (e) In developing the professional personnel performance
evaluation system, and amendments thereto, the state board shall
consult with the Center for Professional Development created in
article three-a of this chapter. The center shall participate
actively with the state board in developing written standards for
evaluation which clearly specify satisfactory performance and the
criteria to be used to determine whether the performance of each
professional meets such those standards.
(e) (f) The performance evaluation system shall contain, but
shall not be limited to, the following information:
(1) The professional personnel positions to be evaluated, at
least including classroom teachers, principals, county superintendents and any other professional personnel to be
evaluated, whether they be teachers professional educators, other
professional employees or substitute teachers; administrators,
principals or others
(2) The frequency and duration of the evaluations which shall
be on a regular at least an annual basis and of such frequency and
duration as to insure the collection of a sufficient amount of data
from which reliable conclusions and findings may be drawn;
Provided, That for school personnel with five or more years of
experience, who have not received an unsatisfactory rating,
evaluations shall be conducted no more than once every three years
unless the principal determines an evaluation for a particular
school employee is needed more frequently: Provided, however, That
for classroom teachers with five or more years of experience who
have not received an unsatisfactory rating, an evaluation shall be
conducted or professional growth and development plan required only
when the principal determines it to be necessary for a particular
classroom teacher, or when a classroom teacher exercises the option
of being evaluated at more frequent intervals;
(3) The processes for evaluating teachers, professional
support personnel and athletic coaches shall be as follows:
(A) Teachers in their first or second year of employment shall
be evaluated two times per year. Each evaluation shall include a
minimum of two observations of thirty minutes duration each;
(B) Teachers in their third year of employment shall have one evaluation per year including two observations of thirty minutes
duration each;
(C) Additional observations and evaluations may be scheduled
for teachers in their first, second or third year at the discretion
of the principal to address deficiencies or at the discretion of
the teacher to improve on results from a previous unsatisfactory
evaluation;
(D) Teachers in their fourth or subsequent year of employment
who have not received an unsatisfactory evaluation rating during
any of the previous three years shall be evaluated in accordance
with paragraphs (A) and (C) of this subdivision, in accordance with
paragraphs (B) and (C) of this subdivision or using a professional
growth and development plan method of evaluation. The professional
growth and development plan method of evaluation may include, but
is not limited to, the following:
(i) Obtaining additional certification;
(ii) Obtaining an advanced degree;
(iii) Increasing student achievement;
(iv) Completing leadership training;
(v) Chairing of a school committee such as a local school
improvement council, faculty senate or school curriculum team; and
(vi) Serving as a mentor teacher.
The teacher and principal or assistant principal, as
applicable, shall mutually agree to one of the three evaluation options. If the professional growth and development plan method of
evaluation is agreed to, the teacher and principal or assistant
principal, as applicable, shall mutually agree on what the
professional growth and development plan is to include;
(E) The principal or assistant principal and the teacher shall
hold a meeting after the evaluation is concluded to discuss the
evaluation. The principal or assistant principal shall record the
names of the teachers evaluated by him or her whose performance he
or she determines to be satisfactory and for whom no further
evaluative measures are required. The principal or assistant
principal also shall make record of any walk-through evaluations he
or she conducts;
(F) Teachers in their fourth or subsequent year of employment
who have received an unsatisfactory evaluation rating during any of
the previous three years shall be evaluated using the processes
specified in paragraphs (B) and (C) of this subdivision and as may
be provided in a written improvement plan to address unsatisfactory
performance;
(G) For any teacher that is employed at a different school
that is under a different principal than the teacher was under the
previous year, that teacher shall be evaluated during the first
year of employment at the school in accordance with paragraphs (A)
and (C) regardless of the number of years previously employed in
another school. Any teacher that is employed at a school that is
given low-performing accreditation status pursuant to section five, article two-e, chapter eighteen of this code, is not subject to the
evaluation requirement set forth in this paragraph;
(H) The evaluation of professional support personnel and
athletic coaches shall be conducted under a similar process;
(I) Each person evaluated under the provisions of this
subdivision shall be provided written results of their evaluation;
and
(J) Any school that is receiving a federal School Improvement
Grant and any employees assigned to the school are exempt from any
requirement of this subdivision that conflicts with any conditions
for receiving that grant.
(3) (4) The evaluation shall serve the following purposes:
(A) Serve as a basis for the improvement of the performance of
the personnel in their assigned duties;
(B) Provide an indicator of satisfactory performance for
individual professionals;
(C) Serve as documentation for a dismissal on the grounds of
unsatisfactory performance; and
(D) Serve as a basis for programs to increase the professional
growth and development of professional personnel;
(4) (5) The standards for satisfactory performance for
professional personnel and the criteria to be used to determine
whether the performance of each professional meets such those
standards and other criteria for evaluation for each professional position evaluated. Effective July 1, 2003 and thereafter,
professional personnel, as appropriate, shall demonstrate
competency in the knowledge and implementation of the technology
standards adopted by the state board. If a professional fails to
demonstrate competency, in the knowledge and implementation of
these standards, he or she will be subject to an improvement plan
to correct the deficiencies; and
(5) (6) Provisions for a written improvement plan to address
unsatisfactory performance, which shall be specific as to what
improvements, if any, are needed in the performance of the
professional and shall clearly set forth recommendations for
improvements, including recommendations for additional education
and training during the professional's recertification process.
(f) (g) A professional whose performance is considered to be
unsatisfactory shall be given notice of deficiencies. A
remediation plan to correct deficiencies shall be developed by the
employing county board of education and the professional. The
professional shall be given a reasonable period of time for
remediation of the deficiencies and shall receive a statement of
the resources and assistance available for the purposes of
correcting the deficiencies.
(g) (h) No person may evaluate professional personnel for the
purposes of this section unless the person has an administrative
certificate issued by the state superintendent and has successfully
completed education and training in evaluation skills through the center for professional development, or equivalent education
training approved by the state board, which will enable the person
to make fair, professional, and credible evaluations of the
personnel whom the person is responsible for evaluating. After
July 1, 1994, No person may be issued an administrative certificate
or have an administrative certificate renewed unless the state
board determines that the person has successfully completed
education and training in evaluation skills through the center for
professional development, or equivalent education and training
approved by the state board.
(h) (i) Any professional whose performance evaluation includes
a written improvement plan to address unsatisfactory performance
shall be given an opportunity to improve his or her performance
through the implementation of the plan. If the next performance
evaluation shows that the professional is now performing
satisfactorily, no further action may be taken concerning the
original performance evaluation. If the evaluation shows that the
professional is still not performing satisfactorily, the evaluator
either shall make additional recommendations for improvement or may
recommend the dismissal of the professional in accordance with the
provisions of section eight of this article.
(i) (j) Lesson plans are intended to serve as a daily guide
for teachers and substitutes for the orderly presentation of the
curriculum. Lesson plans may not be used as a substitute for
observations by an administrator in the performance evaluation
process. A classroom teacher, as defined in section one, article one of this chapter, may not be required to post his or her lesson
plans on the Internet or otherwise make them available to students
and parents or to include in his or her lesson plans any of the
following:
(1) Teach and reteach strategies;
(2) Write to learn activities;
(3) Cultural diversity;
(4) Color coding; or
(5) Any other similar items which are not required to serve as
a guide to the teacher or substitute for daily instruction. and
(j) (k) The Legislature finds that classroom teachers must be
free of unnecessary paper work so that they can focus their time on
instruction. Therefore, classroom teachers may not be required to
keep records or logs of routine contacts with parents or guardians.
(k) (l) Nothing in this section may be construed to prohibit
classroom teachers from voluntarily posting material on the
Internet.
§18A-2-12a. Statement of policy and practice for the county
boards and school personnel to minimize possible
disagreement and misunderstanding.
(a) The Legislature makes the following findings:
(1) The effective and efficient operation of the public
schools depends upon the development of harmonious and cooperative
relationships between county boards and school personnel;
(2) Each group has a fundamental role to perform in the
educational program and each has certain separate, distinct and
clearly defined areas of responsibility as provided in chapters
eighteen and eighteen-a of this code; and
(3) There are instances, particularly involving questions of
wages, salaries and conditions of work, that are subject to
disagreement and misunderstanding between county boards and school
personnel and may not be so clearly set forth.
(b) The purpose of this section is to establish a statement of
policy and practice for the county boards and school personnel, as
follows, in order to minimize possible disagreement and
misunderstanding:
(1) County boards, subject to the provisions of this chapter,
chapter eighteen of this code and the policies and rules of the
state board, are responsible for the management of the schools
within their respective counties. The powers and responsibilities
of county boards in setting policy and in providing management are
broad, but not absolute;
(2) The school personnel shares the responsibility for putting
into effect the policies and practices approved by the county board
that employs them and the school personnel also have certain rights
and responsibilities as provided in statute, and in their
contracts;
(3) School personnel are entitled to meet together, form
associations and work in concert to improve their circumstances and the circumstances of the schools;
(4) County boards and school personnel can most effectively
discharge their total responsibilities to the public and to each
other by establishing clear and open lines of communication.
School personnel should be encouraged to make suggestions,
proposals and recommendations through appropriate channels to the
county board. Decisions of the county board concerning the
suggestions, proposals and recommendations should be communicated
to the school personnel clearly and openly;
(5) Official meetings of county boards are public meetings.
School personnel are free to attend the meetings without fear of
reprisal and should be encouraged to attend;
(6) All school personnel are entitled to know how well they
are fulfilling their responsibilities and should be offered the
opportunity of open and honest evaluations of their performance on
a regular basis and in accordance with the provisions of section
twelve of this article. All school personnel are entitled to
opportunities to improve their job performance prior to the
termination or transfer of their services. Decisions concerning
the promotion, demotion, transfer or termination of employment of
school personnel, other than those for lack of need or governed by
specific statutory provisions unrelated to performance, should be
based upon the evaluations, and not upon factors extraneous
thereto. All school personnel are entitled to due process in
matters affecting their employment, transfer, demotion or promotion; and
(7) All official and enforceable personnel policies of a
county board must be written and made available to its employees.
The bill (Eng. Com. Sub. for H. B. No. 2757), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2860, Authorizing the
promulgation of rules by the Governor's Committee on Crime,
Delinquency and Correction.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 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.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2885, Allowing a guardian or
conservator to be employed or in an employment contract with a
behavioral health provider.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2936, Changing the date of
the canvassing of votes in a primary election.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2946, Requiring the issuance
of a lawful prescription for dispensing drug products containing
chemical precursors of methamphetamine.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That
§60A-10-5 and §60A-10-8 of the Code of West
Virginia,1931, as amended, be repealed; that §60A-2-210 and §60A-2-
212 of said code be amended and reenacted; that §60A-10-2,§60A-10-
3, §60A-10-4, §60A-10-6, §60A-10-7 and §60A-10-11 of said code be
amended and reenacted, all to read as follows:
ARTICLE 2. STANDARDS AND SCHEDULES.
§60A-2-210. Schedule IV.
(a) Schedule IV shall consist of the drugs and other
substances, by whatever official name, common or usual name,
chemical name, or brand name designated, listed in this section.
(b) Narcotic drugs. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation containing any of the following narcotic drugs, or
their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
(1) Not more than 1 milligram of difenoxin and not less than
25 micrograms of atropine sulfate per dosage unit;
(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-
diphenyl-3-methyl-2-propionoxybutane).
(c) Depressants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of the following
substances, including its salts, isomers and salts of isomers
whenever the existence of such salts, isomers and salts of isomers
is possible within the specific chemical designation:
(1) Alprazolam;
(2) Barbital;
(3) Bromazepam;
(4) Camazepam;
(5) Carisoprodol;
(6) Chloral betaine;
(7) Chloral hydrate;
(8) Chlordiazepoxide;
(9) Clobazam;
(10) Clonazepam;
(11) Clorazepate;
(12) Clotiazepam;
(13) Cloxazolam;
(14) Delorazepam;
(15) Diazepam;
(16) Estazolam;
(17) Ethchlorvynol;
(18) Ethinamate;
(19) Ethyl loflazepate;
(20) Fludiazepam;
(21) Flunitrazepam;
(22) Flurazepam;
(23) Halazepam;
(24) Haloxazolam;
(25) Ketazolam;
(26) Loprazolam;
(27) Lorazepam;
(28) Lormetazepam;
(29) Mebutamate;
(30) Medazepam;
(31) Meprobamate;
(32) Methohexital;
(33) Methylphenobarbital (mephobarbital);
(34) Midazolam;
(35) Nimetazepam;
(36) Nitrazepam;
(37) Nordiazepam;
(38) Oxazepam;
(39) Oxazolam;
(40) Paraldehyde;
(41) Petrichloral;
(42) Phenobarbital;
(43) Pinazepam;
(44) Prazepam;
(45) Quazepam;
(46) Temazepam;
(47) Tetrazepam;
(48) Triazolam;
(49) Zolpidem.
(d) Fenfluramine. Any material, compound, mixture or
preparation which contains any quantity of the following substance,
including its salts, isomers (whether optical, position or
geometric) and salts of such isomers whenever the existence of such
salts, isomers and salts of isomers is possible: Fenfluramine.
(e) Stimulants. Unless specifically excepted or unless listed
in another schedule, any material, compound, mixture or preparation
which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its
salts, isomers and salts of isomers:
(1) Cathine ((+)-norpseudoephedrine);
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(6) Mefenorex;
(7) Pemoline (including organometallic complexes and chelates
thereof);
(8) Phentermine;
(9) Pipradrol;
(10) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(f) Any compound, mixture or preparation containing as an
active ingredient ephedrine, pseudoephedrine or
phenylpropanolamine, their salts or optical isomers, or salts of
optical isomers: Provided, That neither the offenses set forth in
section four hundred one, article four of this chapter, nor the
penalties therein, shall be applicable to ephedrine,
pseudoephedrine or phenylpropanolamine which shall be subject to
the provisions of article ten of this chapter.
(f) (g) Other substances. -- Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture
or preparation which contains any quantity of the following substances, including its salts:
(1) Pentazocine;
(2) Butorphanol.
Amyl nitrite, butyl nitrite, isobutyl nitrite and the other
organic nitrites are controlled substances and no product
containing these compounds as a significant component shall be
possessed, bought or sold other than pursuant to a bona fide
prescription or for industrial or manufacturing purposes.
§60A-2-212. Schedule V.
(a) Schedule V shall consist of the drugs and other
substances, by whatever official name, common or usual name,
chemical name, or brand name designated, listed in this section.
(b) Narcotic drugs. -- Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation containing any of the following narcotic drugs and
their salts, as set forth below:
(1) Buprenorphine.
(c) Narcotic drugs containing nonnarcotic active medicinal
ingredients. Any compound, mixture or preparation containing any
of the following narcotic drugs or their salts calculated as the
free anhydrous base or alkaloid in limited quantities as set forth
below, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound,
mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less
than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters
or per 100 grams;
(6) Not more than 0.5 milligrams of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit.
(d) Stimulants. -- Unless specifically exempted or excluded or
unless listed in another schedule, any material, compound, mixture
or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system,
including its salts, isomers and salts of isomers:
(1) Pyrovalerone.
(e) Any compound, mixture or preparation containing as its
single active ingredient ephedrine, pseudoephedrine or
phenylpropanolamine, their salts or optical isomers, or salts of
optical isomers except products which are for pediatric use
primarily intended for administration to children under the age of twelve: Provided, That neither the offenses set forth in section
four hundred one, article four of this chapter, nor the penalties
therein, shall be applicable to ephedrine, pseudoephedrine or
phenylpropanolamine which shall be subject to the provisions of
article ten of this chapter.
ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.
§60A-10-2. Purpose; findings.
The Legislature finds:
(a) That the illegal production and distribution of
methamphetamine is an increasing problem nationwide and
particularly prevalent in rural states such as West Virginia.
(b) That methamphetamine is a highly addictive drug that can
be manufactured in small and portable laboratories. These
laboratories are operated by individuals who manufacture the drug
in a clandestine and unsafe manner, often resulting in explosions
and fires that can injure not only the individuals involved, but
their families, neighbors, law-enforcement officers and firemen.
(c) That use of methamphetamine can result in fatal kidney and
lung disorders, brain damage, liver damage, blood clots, chronic
depression, hallucinations, violent and aggressive behavior,
malnutrition, disturbed personality development, deficient immune
system and psychosis. Children born to mothers who are abusers of
methamphetamine can be born addicted and suffer birth defects, low
birth weight, tremors, excessive crying, attention deficit disorder
and behavior disorders.
(d) That in addition to the physical consequences to an
individual who uses methamphetamine, usage of the drug also
produces an increase in automobile accidents, explosions and fires,
increased criminal activity, increased medical costs due to
emergency room visits, increases in domestic violence, increased
spread of infectious diseases and a loss in worker productivity.
(e) That environmental damage is another consequence of the
methamphetamine epidemic. Each pound of methamphetamine produced
leaves behind five to six pounds of toxic waste. Chemicals and
byproducts that result from the manufacture of methamphetamine are
often poured into plumbing systems, storm drains or directly onto
the ground. Clean up of methamphetamine laboratories is extremely
resource-intensive, with an average remediation cost of five
thousand dollars.
(f) That in other states which have required a prescription
for those products containing substances that are necessary to the
manufacturing of methamphetamine, there has been a significant
decrease in the number of methamphetamine laboratories found in
those states.
(f) (g) That it is in the best interest of every West
Virginian to develop a viable solution to address the growing
methamphetamine problem in the State of West Virginia. The
Legislature finds that restricting access to over-the-counter drugs
used to facilitate production of methamphetamine is necessary to
protect the public safety of all West Virginians.
(g) (h) That it is further in the best interests of every West
Virginian to create impediments to the manufacture of
methamphetamine by requiring persons purchasing chemicals necessary
to the process to provide identification have a lawful prescription
before purchasing.
§60A-10-3. Definitions.
In this article:
(a) "Board of Pharmacy" or "board" means the West Virginia
Board of Pharmacy established by the provisions of article five,
chapter thirty of this code.
(b) "Designated precursor" means any drug product made subject
to the requirements of this article by the provisions of section
seven of this article.
(c) "Distributor" means any person within this state or
another state, other than a manufacturer or wholesaler, who sells,
delivers, transfers or in any manner furnishes a drug product to
any person who is not the ultimate user or consumer of the product;
(d) "Drug product" means a pharmaceutical product that
contains as an its single active ingredient ephedrine,
pseudoephedrine or phenylpropanolamine or a substance identified on
the supplemental list provided for in section seven of this article
which may be sold without a prescription and which is labeled for
use by a consumer in accordance with the requirements of the laws
and rules of this state and the federal government.
(e) "Ephedrine " means ephedrine, its salts or optical isomers or salts of optical isomers.
(f) "Manufacturer" means any person within this state who
produces, compounds, packages or in any manner initially prepares
for sale or use any drug product or any such person in another
state if they cause the products to be compounded, packaged or
transported into this state.
(g) "Phenylpropanolamine" means phenylpropanolamine, its
salts, optical isomers and salts of optical isomers.
(h) "Pseudoephedrine" means pseudoephedrine, its salts,
optical isomers and salts of optical isomers.
(i) "Precursor" means any substance which may be used along
with other substances as a component in the production and
distribution of illegal methamphetamine.
(j) "Pharmacist" means an individual currently licensed by
this state to engage in the practice of pharmacy and pharmaceutical
pharmacy care as defined in subsection (t), section one-b, article
fifty five, chapter thirty of this code.
(k) "Pharmacy intern" has the same meaning as the term
"intern" as set forth in section one-b, article five, chapter
thirty of this code.
(l) "Pharmacy" means any drugstore, apothecary or place within
this state where drugs are dispensed and sold at retail or display
for sale at retail and pharmaceutical pharmacist care is provided
outside of this state where drugs are dispensed and pharmaceutical
pharmacy care is provided to residents of this state.
(m) "Pharmacy counter" means an area in the pharmacy
restricted to the public where controlled substances are stored and
housed and where controlled substances may only be sold,
transferred or dispensed by a pharmacist or pharmacy technician.
(n) (m) "Pharmacy technician" means a registered technician
who meets the requirements for registration as set forth in article
five, chapter thirty of this code.
(o) "Retail establishment" means any entity or person within
this state who sells, transfers or distributes goods, including
over-the-counter drug products, to an ultimate consumer.
(p) (n) "Schedule V IV" means the schedule of controlled
substances set out in section two hundred twelve section ten,
article two of this chapter.
(q) "Single active ingredient" means those ingredients listed
on a drug product package as the only active ingredient in over-
the-counter medication or identified on the Schedule maintained by
the Board of Pharmacy as being primarily used in the illegal
production and distribution of methamphetamine.
(r) (o) "Superintendent of the State Police" or
"Superintendent" means the Superintendent of the West Virginia
State Police as set forth in section five, article two, chapter
fifteen of this code.
(s) (p) "Wholesaler" means any person within this state or
another state, other than a manufacturer, who sells, transfers or
in any manner furnishes a drug product to any other person in this state for the purpose of being resold.
§60A-10-4. Purchase, receipt, acquisition and possession of
substances to be used as precursor to manufacture of
methamphetamine or another controlled substance;
offenses; exceptions; penalties.
(a) Any person who within any thirty-day period knowingly
purchases, receives or otherwise possesses more than three packages
of a drug product the amount prescribed in a single prescription
containing as its single an active ingredient ephedrine,
pseudoephedrine or phenylpropanolamine or more than nine grams of
ephedrine, pseudoephedrine or phenylpropanolamine in any form shall
be guilty of a misdemeanor and, upon conviction, shall be confined
in a jail for not more than one year, fined not more than $1,000,
or both,
unless the person can provide an order from a person
authorized to prescribe controlled substances explaining why the
multiple prescriptions are medically necessary.
(b) Notwithstanding the provisions of subsection (a) of this
section, any person convicted of a second or subsequent violation
of the provisions of said subsection or a statute or ordinance of
the United States or another state which contains the same
essential elements shall be guilty of a felony and, upon
conviction, shall be confined in a state correctional facility for
not less than one nor more than five years, fined not more than
$25,000, or both.
(c) The provisions of subsection (a) of this section shall not apply to:
(1) Drug products which are for pediatric use primarily
intended for administration to children under the age of twelve;
(2) Drug products which have been determined by the Board of
Pharmacy to be in a form which is unamenable to being used for the
manufacture of methamphetamine;
(3) Persons lawfully possessing drug products in their
capacities as distributors, wholesalers, manufacturers,
pharmacists, pharmacy interns, pharmacy technicians, health care
professionals or persons possessing such drug products pursuant to
a valid prescription.
(d) Notwithstanding any provision of this code to the
contrary, any person who knowingly possesses any amount of
ephedrine, pseudoephedrine, phenylpropanolamine or other designated
precursor with the intent to use it in the manufacture of
methamphetamine or who knowingly possesses a substance containing
ephedrine, pseudoephedrine or phenylpropanolamine or their salts,
optical isomers or salts of optical isomers in a state or form
which is, or has been altered or converted from the state or form
in which these chemicals are, or were, commercially distributed
shall be guilty of a felony and, upon conviction, shall be confined
in a state correctional facility for not less than two nor more
than ten years, fined not more than $25,000, or both.
(e) (1) Any pharmacy, wholesaler, manufacturer or distributor
of drug products containing as their single an active ingredient ephedrine, pseudoephedrine, phenylpropanolamine, their salts or
optical isomers or salts of optical isomers or other designated
precursor shall obtain a registration annually from the State Board
of Pharmacy as described in section six of this article. Any such
pharmacy, wholesaler, manufacturer or distributor shall keep
complete records of all sales and transactions as provided in
section eight of this article. The records shall be gathered and
maintained pursuant to legislative rule promulgated by the Board of
Pharmacy.
(f) It is an affirmative defense to any offense in this
section that the person:
(1) Obtained the drug(s) containing ephedrine, pseudoephedrine
or phenylpropanolamine lawfully;
(2) Possessed no more than nine grams of ephedrine,
pseudoephedrine or phenylpropanolamine in any form; and
(3) Possessed products containing ephedrine, pseudoephedrine
or phenylpropanolamine for legitimate medical purposes for himself,
herself or his or her household and such possession was not for the
manufacture of methamphetamine.
(2) (4) Any drug products possessed without a registration as
provided in this section are subject to forfeiture upon conviction
for a violation of this section.
(3) (5) In addition to any administrative penalties provided
by law, any violation of this subsection is a misdemeanor,
punishable upon conviction by a fine in an amount not more than $10,000.
§60A-10-6. Registration to sell, manufacture or distribute
products; rule-making authority.
The State Board of Pharmacy shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code to require that every
wholesaler, manufacturer or distributor of any drug product
containing as their single an active ingredient ephedrine or
pseudoephedrine or a substance identified on the supplemental list
provided for in section seven of this article shall obtain a
registration and permit issued by the State Board of Pharmacy to
sell, distribute or transfer the product containing as their single
active ingredient ephedrine, pseudoephedrine or
phenylpropanolamine.
§60A-10-7. Restricted products; rule-making authority.
(a) On or before July 1, 2005, The Board of Pharmacy shall
promulgate emergency and legislative rules pursuant to the
provision of article three, chapter twenty-nine-a of this code to
implement a program wherein the Board of Pharmacy shall consult
consults with the Superintendent of the State Police in identifying
drug products which are a designated precursor, in addition to
those that contain as their single an active ingredient ephedrine,
pseudoephedrine or phenylpropanolamine, that are commonly being
used in the production and distribution of methamphetamine. Those
drug products which the Superintendent of the State Police have demonstrated by empirical evidence are commonly used in the
manufacture of methamphetamine shall be added to a supplemental
list and shall be are subject to all of the restrictions of this
article. These The rules established pursuant to this section
shall include;
(1) a process whereby pharmacies are made aware of all drug
products that contain as their single an active ingredient
ephedrine, pseudoephedrine and phenylpropanolamine that will be
listed as a Schedule V IV substance. and must be sold, transferred
or dispensed from behind a pharmacy counter; and
(2) A process whereby pharmacies and retail establishments are
made aware of additional drug products added to Schedule VIII that
are required to be placed behind the pharmacy counter for sale,
transfer or distribution can be periodically reviewed and updated.
Wholesale drug distributors licensed by the Board of Pharmacy and
registered with, and regulated by, the United States Drug
Enforcement Administration are exempt from storage, reporting,
record keeping or physical security control requirements for
products containing ephedrine, pseudoephedrine and
phenylpropanolamine.
(b) At any time after July 1, 2005, the Board of Pharmacy,
upon the recommendation of the superintendent of the State Police,
shall promulgate emergency and legislative rules pursuant to the
provision of article three, chapter twenty-nine-a of this code to
implement an updated supplemental list of products containing the controlled substances ephedrine, pseudoephedrine or
phenylpropanolamine as an active ingredient or any other drug used
as a precursor in the manufacture of methamphetamine, which the
superintendent of the State Police has demonstrated by empirical
evidence is being used in the manufacture of methamphetamine. This
listing process shall comport with the requirements of subsection
(a) of this section.
The Board of Pharmacy may exempt from the
prescription requirements for products containing as an active
ingredient ephedrine, pseudoephedrine or phenylpropanolamine
enacted during the 2011 Regular session of the legislature, any
product which it empirically determines contains such controlled
substances in a compound or form which makes it unable to be used
in the manufacturing of methamphetamine. The Board shall make
pharmacists aware of any products which no longer require a
prescription.
§60A-10-11. Reporting to the Legislative Oversight Commission on
Health and Human Resources Accountability.
On or before the first day of December, two thousand five
eleven, the Superintendent of the West Virginia State Police shall
submit a report including findings, conclusions and
recommendations, together with drafts of any legislation necessary,
to improve the effectiveness of a reduction in illegal
methamphetamine production and distribution to the Legislative
Oversight Commission on Health and Human Resources Accountability
for consideration.
The bill (Eng. Com. Sub. for H. B. No. 2946), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2949, Providing definitions
of "low income" for purposes of property tax relief programs.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 2986, Relating to forest
fire seasons.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Natural Resources, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §20-3-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. FORESTS AND WILDLIFE AREAS.
§20-3-5. Forest fire seasons; prohibited and permissible fires;
burning permits and fees; fire control measures;
criminal and civil penalties.
(a) Forest fire seasons. -- The periods of each year between March 1 and through May 31, inclusive and October 1 and through
December 31, inclusive are hereby designated as forest fire
seasons. No person shall during any such During any fire season,
except between the hours of four o'clock p.m. and seven o'clock
a.m. prevailing time, a person may set on fire or cause to be set
on fire any forest land, or any grass, grain, stubble, slash,
debris, or other inflammable materials only between five o'clock
p.m. and seven o'clock a.m., at which time the fire must be
extinguished. Any fire set during this time shall be extinguished
prior to seven o'clock a.m. prevailing time.
(b) Permissible fires during forest fire seasons. -- Such
prohibition of fires between seven o'clock a.m. and four o'clock
p.m. : prevailing time shall not be construed to include The
following attended fires are permitted without a burning permit
unless there is a burning ban in effect:
(1) Small fires set for the purpose of food preparation, or
providing light or warmth around which all grass, brush, stubble,
or other debris has been removed for a distance of ten feet from
the fire; and
(2)
Burning which may be
Any person who sets or causes to be set any fire permitted by
this section shall not leave such fire unattended for any period of
time.
(c) Burning permits. -- The director or his designated
appointees or employees or her
designee may issue burning permits
authorizing fires prohibited by the preceding paragraph. Such
permits may be granted on such conditions and for such periods of
time as the director deems necessary
and noncompliance
(1) Permit fees. -- Entities required to pay a permit fee are
those engaged in commercial, manufacturing, public utility, mining
and like activities. Agricultural activities are exempt from
paying the permit fee. The permit fee is $125 per site and shall
be deposited into the Division of Forestry Fund (3081) to be used
to administer the provisions of this section. The permit fee covers
the fire season during which it is issued.
(2) Noncompliance with any term condition of the permit shall
be is a violation of this section. Any permit which was obtained
through willful misrepresentation shall be is invalid and violates
this section.
(3) All Permit holders shall take all necessary and adequate
precautions to confine and control any fire permitted by the
authorization; failure fires authorized by the permit. Failure to
take such action shall be is a violation of this section and shall
be is justification for the director or his duly authorized
representative to cancel to revoke the permit.
(d) Fire control. -- When the director considers it necessary
to prevent danger from fire to life or property, he may, with the
prior
(1) With approval of the Governor, the director may prohibit
the starting of and require the extinguishment of any fire in any
area designated by the director, and such action may include any
fire for which a permit has been issued under the preceding
paragraph. In addition, if so deemed necessary, the director may,
with the prior area, including fires permitted by this section.
(2) With approval of the Governor, the director may designate
any forest area as a danger area, and prohibit entry, thereon or
use thereof except for the purposes and on the conditions he
designates and declare conditional uses and prohibited areas of the
forest by proclamation at any time of the year. The director by
proclamation shall establish such areas and designate which fires
are prohibited therein; and if a danger area is established, he
shall announce the purposes for which and conditions under which
entry thereon or use thereof may be made. Action hereunder may be
taken by the director at any time during the year. Notice of any
proclamation hereunder The proclamation shall be furnished to
newspapers, radio stations and television stations which that serve
the designated area designated. The proclamation shall not be
effective until twenty-four hours after it is proclaimed. Any and
shall become effective after twenty-four hours. The proclamation
hereunder shall remain in force remains in effect until the
director, with the approval of the Governor, by order terminates it. The order shall designate the time of termination, and notice
of any such the order shall be furnished to each newspaper, radio
station and television station which that received a copy of the
proclamation. Any person who starts or fails to extinguish a fire
so prohibited or enters or uses a danger area otherwise than
permitted shall be guilty of a violation of this section.
(3) No burning allowed by this section may be done unless
Burning is not permitted by this section until all inflammable
material has been removed from around the material to be burned as
and a safety strip for a distance which insures that the fire will
not escape and which is no less than of at least ten feet is
established to ensure that the fire will not escape. Any person or
his agent or employee who sets or causes to be set any fire at any
time in the use and occupation of any land on which the burning was
being done is in violation of this section if fire escapes beyond
the safety strip and shall be guilty of a misdemeanor.
(e) Criminal and civil penalties. -- A person or entity that
violates this section is guilty of a misdemeanor and, upon
conviction, shall be fined not less than $100 and not more than
$1,000 for each violation. In addition to fines and costs, a
person or entity convicted of a violation of this section shall pay
a $200 civil penalty to the division within sixty days. The civil
penalty shall be collected by the court in which the person is
convicted and forwarded to the division and deposited in the
Division of Forestry Fund (3081) to be used to administer the
provisions of this section.
The bill (Eng. Com. Sub. for H. B. No. 2986), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 3034, Recognizing
outstanding students who are top achievers in scholastic studies.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto two new sections, designated §18-2-38 and §18-2-
39; and that said code be amended by adding thereto a new section,
designated §18-2E-8g, all to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-38. State board to establish high-quality digital learning
program.
(a) The Legislature finds that:
(1) As technology becomes an increasingly integral part of our
society, it has become imperative for West Virginia's students to
have digital media incorporated into their learning curriculums.
Many students use digital media in every aspect of their lives
outside of school, yet our approach to learning is roughly the same
as it was fifty years ago. In order to keep students engaged, we must present information using a format they are familiar with,
such as digital learning;
(2) The traditional approach to learning is resulting in a
great number of West Virginia students dropping out of high school
or graduating unprepared for college or the workforce. This is
evidenced by the high number of students who enter college needing
to take developmental courses;
(3) Finding resources to improve the education system is never
easy. However, a high-quality education system should be viewed as
an investment in the future economy that has a high rate of return.
This return is a skilled workforce to fill high-wage jobs which is
a valuable resource for the state;
(4) Former Governor of West Virginia, Bob Wise, and former
Governor of Florida, Jeb Bush, created the Digital Learning Council
to identify policies that would integrate current and future
technological innovations into public education. The council
included more than one hundred leaders from education, government,
philanthropy, business, technology and think tanks. The council
identified ten elements of high-quality digital learning; and
(5) Digital learning can customize and personalize education
allowing students to learn in their own style and at their own
pace. Digital learning breaks down geographic barriers allowing
every student to enroll in courses they would not otherwise have
access to. Students in the most remote areas can enroll in high-
quality college-prep and career-prep courses taught by a highly qualified teacher through multiple access points.
(b) The provisions of this section are subject to
appropriation by the Legislature and subject to the provision of
adequate professional development for teachers.
(c) The state board shall promulgate a rule in accordance with
article three-b, chapter twenty-nine-a of this code establishing a
high-quality digital learning program in accordance with this
article. The program shall encompass the following ten elements:
(1) Student eligibility: All students are digital learners.
The West Virginia Department of Education shall ensure access to
high quality digital content and on-line courses for all students
enrolled in kindergarten through grade twelve at any time in their
academic career and also to all who are not enrolled in a public
school in grades kindergarten through twelve but are eligible for
enrollment.
(2) Student access: All students have access to high-quality
digital content and on-line courses.
(A) The West Virginia Department of Education only may limit
access to high-quality digital learning based on capacity. Nothing
may restrict access to high-quality digital content and on-line
courses based on arbitrary class-size ratios, arbitrary caps on
enrollment, arbitrary caps on budget or geography.
(B) The West Virginia Department of Education shall require
students to take high-quality on-line college-preparation or
career-preparation courses as a condition to earning a high school diploma.
(3) Personalized learning: All students can customize their
education using digital content through an approved digital
learning provider.
(A) Students may take on-line classes full-time, part-time or
by individual course.
(B) Students may enroll with multiple digital learning
providers and blend online courses with on-site learning.
(C) Students may enroll year round.
(D) Students may earn an unlimited number of credits on-line.
(E) Students may experience hybrid learning which means that
they may learn in an on-line or computer-based environment part of
the day and in a traditional classroom, even one-on-one tutoring
for part of the day.
(4) Advancement: Students progress based on demonstrated
competency.
(A) Advancement shall be based on demonstrated competency and
not on seat-time requirements.
(B) Students shall take assessments when they are ready to
complete the course or unit in order to demonstrate competency.
(5) Content: Digital content, instructional materials and on-
line and blended learning courses are high quality. Digital
content and on-line and blended learning courses shall be aligned
with state standards or internationally benchmarked standards where applicable.
(6) Instruction: Digital instruction and teachers are high
quality.
(A) The Legislature and state board shall develop and provide
alternative certification routes including on-line instruction and
performance-based certification.
(B) An on-line teacher from any state shall meet the Essential
Principles of High Quality Online Teaching developed by the
Southern Regional Education Board.
(C) The state board shall maximize the use of digital
instruction to allow one digital educator to provide instruction
across the state and nation.
(D) Teacher preparation programs are encouraged to offer
targeted digital instruction training and shall adopt digital
instruction training in all teacher preparation programs by the
2012-2013 school year.
(E) A teacher may not teach an on-line or blended learning
course unless that teacher has had professional development or
training to use the technology for teaching an on-line or blended
learning course.
(7) Digital learning providers: All students have access to
multiple high-quality digital learning providers.
(A) The West Virginia Department of Education shall create an
open transparent, expeditious approval process for digital learning providers. In addition to the new process, the already established
instructional materials adoption process or the West Virginia
Virtual School evaluation process for content providers may be
used. Since there is a rigorous evaluation component for content
alignment to state standards, all three methods are exempt from the
procurement requirements set forth in chapter five-a of this code
to meet the critical time lines of providing content to students
and teachers when needed.
(B) Students shall have access to multiple approved digital
learning providers including public, private and nonprofit and all
are treated equally.
(C) All students shall have access to all approved digital
learning providers.
(D) The state board may not require that digital learning
providers be located in this state nor may the state board create
any administrative requirements that would unnecessarily limit
participation of high-quality providers.
(E) The state board shall ensure that easy-to-understand
information about digital learning, including information about
programs, content, courses, tutors and other digital resources, is
provided to students.
(8) Assessment and accountability: Student learning is one
method of evaluating the quality of content and instruction.
(A) The state board shall provide for the administration of
assessments digitally, and shall create a digital formative assessment system.
(B) The state board shall evaluate the quality of content and
courses predominately based on student learning data, and shall
terminate the contracts of digital learning providers and programs
that do not achieve an acceptable level of student learning as
defined by the state board in the rule required by this section.
(C) The state board shall evaluate the effectiveness of
teachers based partly on student learning data.
(D) The Legislature and state board shall hold schools and
digital learning providers accountable for achievement and growth.
(9) Funding: Funding creates incentives for performance,
options and innovation.
(A) The state board shall develop a funding model that pays
digital learning providers in installments that incentivize
completion and achievement.
(B) Digital content may be acquired through funding for
instructional resources. The state board shall ensure that
instructional resources adoption practices do not discourage
digital content. If the state board finds that any part of this
code related to instructional resources adoption discourages
digital content, the state board shall make a recommendation to the
Legislature for amending this code.
(C) The state board shall ensure that state funding allows for
customization of education including choice of digital learning
providers. If the state board finds that any part of this code inhibits customization of education, the state board shall make a
recommendation to the Legislature for amending this code.
(10) Delivery: Infrastructure supports digital learning.
(A) The state board shall ensure that textbooks are being
replaced, when appropriate, with digital content, including
interactive and adaptive multimedia. The state board shall develop
a plan for accomplishing this and report the plan to the
Legislative Oversight Commission on Education Accountability before
December 1, 2011.
(B) The state board shall work with the Legislature and other
entities to ensure that Internet access is available for learning
for public school teachers and students.
(C) The state board shall work with the Legislature and other
entities to ensure that all public school students and teachers
have Internet access devices for learning.
(D) The state board shall maximize purchasing power to
negotiate lower cost licenses and contracts for digital content and
online courses.
(E) The state board shall ensure that local and state data
systems and related applications are updated and robust to inform
longitudinal management decisions, accountability and instruction.
§18-2-39. Middle School Global 21.
(a) The Legislature finds that:
(1) West Virginia students continue to face an achievement gap between themselves and students in other states and
internationally, beginning, in many cases, in middle school. For
example, according to the National Assessment of Educational
Progress (NAEP) report, "The Nation's Report Card: Science 2009,"
West Virginia students' scores are consistent with the national
average in fourth grade, but have dropped into the lower fifteen
states by eighth grade. It is crucial that we find innovative ways
of keeping our middle school students engaged in learning, both to
increase student achievement and to lower high school drop out
rates. One approach to accomplishing these goals is through the
implementation of digital learning in conjunction with career and
technical education;
(2) Career and technical education is closely tied to
successful work force development in West Virginia. According to
the Georgetown University Center on Education and the Workforce, by
2018, forty-nine percent of all jobs in West Virginia will require
some education beyond high school in order to maintain our current
economic productivity. Of those jobs, fifty-eight percent will be
filled by those with certificates or associate's degree. Meeting
this goal necessitates a successful partnership between public and
higher education in order to enhance college and career readiness.
Providing dual enrollment opportunities for high school students in
community and technical college programs will encourage them to
stay in school and stay engaged; furthermore it will create a
viable pipeline towards degrees and certificates, rather than just
compartmentalizing at-risk students;
(3) Blending academics and career and technical education can
raise graduation rates and achievement according to the Southern
Regional Education Board. Combining core learning principles with
applied vocational learning modules and delivering them through
digital learning media should serve that purpose, while also
adhering to the high-quality digital learning elements set forth in
section thirty-eight of this article;
(4) The state board has developed and is seeking funding to
implement an initiative entitled "Middle School Global 21". The
goals identified for this program are to:
(A) Increase student achievement in all core subject areas in
order to enhance career and college readiness; and
(B) Increase student "informed" decisions and establishment of
realistic career goals;
(5) The state board also has identified objectives for the
initiative. These include:
(A) Include authentic, real-world application modules that
enhance career readiness in the core curriculum;
(B) Increase in the amount of time for students to acquire
fundamental skills through access to academic and career resources
twenty-four hours per day and seven days per week;
(C) Engagement of all students in their own learning process
and the documentation of their progression;
(D) Documentation of student mastery and progress through an individual digital student profile system;
(E) Preparation of all students to make informed decisions and
set realistic career goals, as reflected in an Individual Student
Transition Plan that leads to a positive postsecondary outcome;
(F) Increase of successful career technical education
participation, insuring every student has an "informed
destination"; and
(G) Connection of students to post-secondary pathways
including both community and technical and 4-year colleges;
(6) The process identified by the state board to accomplish
the stated goals and objectives includes the following:
(A) Create a functional, digital platform to support the
content delivery and documentation of individual student learning.
This platform validates the student's acquisition of designated
skill sets; provides the student with an individualized portfolio;
and provides parents, students and teachers the ability to quickly
assess the students position on the learning ladder;
(B) Design and/or procure engaging and relevant middle school
career-focused modules that enhance rigorous core courses through
a hands-on project-based curriculum, and transform students' core
courses to have a career focus and a hands-on project-based
curriculum;
(C) Provide students with learning opportunities twenty-four
hours per day and seven days per week through equity of access to
technology;
(D) Connect with community and technical colleges by:
(i) Developing career technical education and community and
technical college concentrations at the secondary level. These
concentrations would be designed so that students could graduate
with an associate degree along with a high school diploma or a
shortened degree granting period;
(ii) Requiring all students to engage in a capstone project in
the eighth grade that would gather evidence that the student is
prepared to be successful in high school;
(iii) Establishing mentoring relationships with community and
technical colleges that would allow community and technical
colleges to appoint student and/or faculty members to serve as
mentors;
(E) Establish a memorandum of understanding with each county
and school to implement all elements of Middle School Global 21 and
establish defined supports. This memorandum of understanding would
include the provision of adult mentors for students; working with
the community to enrich student success such as through tutoring;
the inclusion of physical education, health, wellness, the arts and
world language in the curriculum; and a positive behavior
structure.
(7) The state board is seeking state funding for the
implementation of this Middle School Global 21 initiative. This
includes funding for the development of a digital platform for all
middle schools. Additionally, funding is being sought to pilot schools who sign the memorandum of understanding to implement
additional career modules and to be evaluated.
(b) The state board shall report to the Legislative Oversight
Commission on Education Accountability once every month that the
commission meets on the implementation of this Middle School Global
21 initiative until the initiative is fully implemented.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-8g. Motivating student performance on the WESTEST2;
recognizing outstanding students; and making
results part of permanent record.
(a) The state board shall establish a program to recognize
outstanding students whose scores are in the top ten of all
students in the state in each subject area tested under the
statewide summative assessment known as the WESTEST2 or any
successor tests, in each grade level tested. These students shall
receive recognition as being "All State" students in their
respective scholastic categories and grade levels. The recognition
of students under this program shall be in addition to, but may be
integrated with any other state or county board program for
recognizing the scholastic abilities of students. The state board
shall promulgate a rule in accordance with article three-b, chapter
twenty-nine-a of this code for the implementation of this program
beginning with the 2011 - 2012 school year.
(b) Beginning with the 2011 - 2012 school year, the scores on
the statewide summative assessment known as the WESTEST2 or any successor test shall be made a part of a student's permanent
record.
The bill (Eng. Com. Sub. for H. B. No. 3034), as amended, was
then ordered to third reading.
Eng. House Bill No. 3075, Increasing the time period in the
hold-harmless provision when distributing state aid to local health
departments.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 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.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3126, Requiring a railroad
company to provide pesticide safety information.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:
On page five, section sixteen, lines fifty through sixty-nine,
by striking out all of subsection (d);
And by relettering the remaining subsections;
And,
On page six, section sixteen, lines seventy-four and seventy-
five, by striking out the words "or the Commissioner of Agriculture
of the State of West Virginia".
The bill (Eng. Com. Sub. for H. B. No. 3126), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 3196, Establishing a program
and procedure for certifying medications assistive persons in the
health industry.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Wills, the following amendment to the
bill was reported by the Clerk and adopted:
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 §30-7D-1, §30-7D-2,
§30-7D-3, §30-7D-4, §30-7D-5, §30-7D-6, §30-7D-7, §30-7D-8, §30-7D-
9, §30-7D-10, §30-7D-11, §30-7D-12 and §30-7D-13, all to read as
follows:
ARTICLE 7D. MEDICATION ASSISTIVE PERSONS.
§30-7D-1. Pilot program.
A pilot program is herein developed to monitor the practice of unlicensed personnel administering medication in the nursing home
setting. Monitoring of this pilot program shall be conducted by
the West Virginia Board of Examiners for Registered Professional
Nurses and shall encompass the following:
(1) Signed participation agreements from a minimum of ten
nursing homes licensed in West Virginia that meet participation
requirements as determined by the board. The pilot program will
not progress unless this requirement is met.
(2) After a period of six months of monitoring the
implementation of the pilot program, a report shall be provided to
the Legislative Commission for Health and Human Resources
Accountability.
§30-7D-2. Definitions.
As used in this article:
(1) "Board" means the West Virginia Board of Examiners for
Registered Professional Nurses;
(2) "Designated facility" means a type of facility determined
by the board as an environment in which medication assistive
persons may serve in accordance with the requirements of this
article and rules promulgated by the board;
(3) "Medication assistive person" means a person who is
certified by the board to administer certain nonprescription and
legend drugs in designated facilities;
(4) "Supervision" means the active oversight of patient care services while on the premises of a designated facility in a manner
defined by the board; and
(5) "MA-C" is the designation for a person who is certified as
a medication assistive person.
§30-7D-3. Certificate required.
In order to safeguard life and health, any person serving or
offering to serve as a medication assistive person shall:
(1) Submit evidence that he or she is qualified; and
(2) Be certified as provided in this article.
§30-7D-4. Designated facilities.
(a) The West Virginia Board of Examiners for Registered
Professional Nurses shall designate the types of facilities that
may use medication assistive persons.
(b) (1) Designated facilities may not be required to use
medication assistive persons.
(2) If a designated facility elects to use medication
assistive personnel, the facility shall notify the board in a
manner prescribed by the board.
§30-7D-5. Qualifications.
(a) In order to be certified as a medication assistive person,
an applicant shall submit to the West Virginia Board of Examiners
for Registered Professional Nurses an application and appropriate
fee. During the pilot program, temporary certificates will be
issued. At the completion of the pilot program, if proven successful, qualified individuals holding a temporary certificate
as a medication assistive person meeting requirements for full
certification shall be issued a permanent certificate. The
application shall provide written evidence, verified by oath, that
the applicant:
(1) (A) Is currently listed in good standing on the state's
certified nurse aide registry;
(B) Has maintained registration on the state's certified nurse
aide registry continuously for a minimum of one year;
(C) Has completed at least one continuous year of full-time
experience as a certified nurse aide in this state;
(D) Is currently employed at a designated facility;
(E) Has a high school diploma or the equivalent;
(F) Has successfully completed a literacy and reading
comprehension screening process approved by the board;
(G) Has completed a state and federal criminal background
check in compliance with board requirements;
(H) Has successfully completed a medication assistive person
training course of not less than one hundred hours approved by the
board; and
(I) Has successfully passed an examination on subjects the
board determines; or
(2) (A) Has completed a portion of a nursing education program
equivalent to the medication assistive person training course; and
(B) Passed the medication aide examination.
(b) The board may issue a certification as a medication
assistive person by endorsement to an applicant who has been
licensed or certified as a medication assistive person under the
laws of another state or territory if:
(1) In the opinion of the board, the applicant meets the
qualifications of medication assistive persons in this state; and
(2) The board recommends certification.
(c) Any person holding a certification as a medication
assistive person may use the title "medication aide-certified" and
the abbreviation "MA-C".
§30-7D-6. Scope of work.
(a) (1) A medication assistive person may perform the
delegated nursing function of medication administration and related
tasks in accordance with rules promulgated by the West Virginia
Board of Examiners for Registered Professional Nurses.
(2) A medication assistive person shall perform medication
administration and related tasks only:
(A) At a designated facility; and
(B) Under the supervision of a registered professional nurse.
(3) (A) Medication administration is limited to the
administration of nonprescription and legend drugs ordered by an
authorized prescriber and only by the following methods:
(i) Orally;
(ii) Topically;
(iii) Drops for eye, ear or nose;
(iv) Vaginally;
(v) Rectally;
(vi) Transdermally; and
(vii) Via oral inhaler.
(B) Medication administration by a medication assistive person
may not include controlled substances.
(b) A medication assistive person may not:
(1) Receive, have access to or administer any controlled
substance;
(2) Administer parenteral, enteral, or injectable medications;
(3) Administer any substances by nasogastric, oralgastric or
gastrostomy tubes;
(4) Calculate drug dosages;
(5) Destroy medication;
(6) Receive orders either in writing or verbally for new or
changed medications;
(7) Transcribe orders from the medical record;
(8) Order initial medications;
(9) Evaluate medication error reports;
(10) Perform treatments;
(11) Conduct patient assessments or evaluations; or
(12) Engage in patient teaching activities.
§30-7D-7. Renewal of certifications.
(a) (1) The West Virginia Board of Examiners for Registered
Professional Nurses shall prescribe the procedure for the cyclical
renewal of medication assistive person certifications.
(2) In each case, the board shall provide a notification for
renewal to the medication assistive person at least thirty days
before the expiration date of the certification by United States
Postal Service or by electronic means.
(b) (1) Upon receipt of the renewal application and the fee,
the board shall verify the accuracy of the application.
(2) (A) If the board finds the application to be accurate and
related documents indicate that the applicant remains in good
standing, the board shall issue a certificate of renewal to the
applicant.
(B) As a condition of certification renewal, a medication
assistive person shall be:
(i) Currently listed in good standing on the state's certified
nurse aide registry; and
(ii) Required to satisfactorily complete all continuing
education required in the legislative rules governing the practice
of the MA-C.
(c) The renewal renders the holder of the certificate a legal provider of medication assistive person services for the period
stated in the certificate of renewal.
(d) Any medication assistive person who allows his or her
certification to lapse by failing to renew the certification as
provided in this section may be reinstated by the board on:
(1) Payment of the renewal fee plus a penalty; and
(2) Submission of evidence that the person currently meets the
requirements to serve as a medication assistive person.
(e) Any person providing services as a medication assistive
person during the time his or her certification has lapsed is
considered to be providing services illegally and is subject to the
penalties provided for violations of this article.
§30-7D-8. Disciplinary actions.
(a) The West Virginia Board of Examiners for Registered
Professional Nurses has sole authority to deny, suspend, revoke or
limit any medication assistive person certificate issued by the
board or applied for in accordance with the provisions of this
article or to otherwise discipline a certificate holder upon proof
that the person:
(1) Is or was guilty of fraud or deceit in procuring or
attempting to procure a certificate to practice as a medication
aide certified;
(2) Has been found guilty of or pled guilty or nolo contendere
to a felony, crime of moral turpitude or violation of chapter sixty-one-a of this code;
(3) Is unfit or incompetent by reason of negligence, habits or
other causes;
(4) Is habitually intemperate or is addicted to the use of
habit-forming drugs;
(5) Is mentally incompetent;
(6) Is guilty of unprofessional conduct;
(7) Is practicing or attempting to practice as a medication
aide certified without a certification;
(8) Has had a license, certificate, or registration revoked or
suspended;
(9) Has been placed on probation or under disciplinary order
in any jurisdiction;
(10) Has voluntarily surrendered a license, certification, or
registration and has not been reinstated in any jurisdiction; or
(11) Has willfully or repeatedly violated any of the
provisions of this article.
(b) The board shall refuse to issue or shall revoke the
certificate of any person who would be disqualified from employment
under the provisions of this law or the rules governing the
practice of the medication assistive person.
(c) Proceedings under this section shall be conducted in
accordance with the West Virginia Administrative Procedure Act,
chapter twenty-nine-a of this code.
§30-7D-9. Offenses and penalties.
(a) It shall be a misdemeanor for any person to:
(1) Sell or fraudulently obtain or furnish any medication
assistive person's certificate, renewal or record, or aid or abet
in any such sale or fraud;
(2) Serve as a medication assistive person under cover of any
certificate or record illegally or fraudulently obtained or signed
or issued unlawfully or under fraudulent representation;
(3) Serve as a medication assistive person unless certified by
the West Virginia Board of Examiners for Registered Professional
Nurses;
(4) Use in connection with his or her name any of the
following titles, names, or initials if the user is not properly
certified under this article:
(A) Medication assistive person;
(B) M.A.P.;
(C) Medication aide;
(D) Medication technician;
(E) Certified medication aide;
(F) C.M.A.;
(G) Medication Aide - certified;
(H) MA-C; or
(I) Any other name, title, or initials that would cause a reasonable person to believe the user is certified under this
article;
(5) Serve as a medication assistive person during the time his
or her certification is suspended;
(6) Conduct an education program for the preparation of
medication assistive persons unless the program has been approved
by the board; or
(7) Otherwise violate any provisions of this article.
(b) Any person convicted of any such misdemeanor shall be
punished by a fine of not less than $25 nor more than $250.
§30-7D-10. Injunction.
(a) The Kanawha County circuit court is vested with
jurisdiction and power to enjoin the unlawful provision of
medication assistive person services in any county of the State of
West Virginia in a proceeding initiated by the West Virginia Board
of Examiners for Registered Professional Nurses, any member of the
board, or any citizen in this state.
(b) (1) The issuance of an injunction does not relieve a
person from criminal prosecution for violation of the provisions of
this article.
(2) The remedy of injunction is in addition to liability for
criminal prosecution.
§30-7D-11. Medication Assistive Person Advisory Committee.
(a) (1) The Medication Assistive Person Advisory Committee is created as an advisory committee to the West Virginia Board of
Examiners for Registered Professional Nurses.
(2) The committee shall assist the board in implementing the
provisions of this article regarding medication assistive persons.
(b) The board shall appoint six members who have the following
qualifications:
(1) Two members shall be certified medication assistive
persons;
(2) One member shall be a licensed nursing home administrator
who has worked in that capacity for at least three years;
(3) One member shall be a registered nurse who has been in a
practice using certified nurse aides for at least three years;
(4) One member shall be a lay person representing the
interests of consumers of health care services; and
(5) One member shall be a nursing faculty member of a West
Virginia nursing education program.
(c) Members shall serve three-year terms.
(d) The board may remove any committee member after notice and
hearing for incapacity, incompetence, neglect of duty or
malfeasance in office.
(e) The members of the committee shall serve without
compensation but may receive expense reimbursement in accordance
with applicable law or rule.
§30-7D-12. Applicability of article.
Nothing in this article relieves a nurse from the
responsibility of assessing each patient daily and as needed to
assure public safety and safe medication administration.
§30-7D-13. Rulemaking authority.
The board may promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of the code.
The bill (Eng. Com. Sub. for H. B. No. 3196), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 3204, Creating the West
Virginia Enterprise Resource Planning Board and Executive
Committee.
On second reading, coming
up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Government Organization, were reported by the Clerk, considered
simultaneously, and adopted:
On page eight, section four, lines thirty-seven and thirty-
eight, by striking out all of subdivision (7) and inserting in lieu
thereof a new subdivision (7), to read as follows:
(7) A member who represents public employees, who shall be a
nonvoting member.;
And,
On page ten, section five, after line thirty-two, by adding a new subsection, designated subsection (e), to read as follows:
(e) Nothing in this section limits the power of the
Legislature and its staff under the provisions of chapter four of
this code.
The bill (Eng. Com. Sub. for H. B. No. 3204), as amended, was
then ordered to third reading.
The end of today's second reading calendar having been
reached, the Senate returned to the consideration of
Eng. Com. Sub. for House Bill No. 2555, Establishing the
offense of operating a motor vehicle while sending, reading or
receiving a text message
.
On third reading, coming up in deferred order, with Senator
Browning's amendments to the Judiciary committee amendment to the
bill pending (shown in the Senate Journal of today, pages 35 to 51,
inclusive) was again reported by the Clerk.
The question being on the adoption of Senator Browning's
amendments to the Judiciary committee amendment to the bill, the
same was put and prevailed.
The question now being on the adoption of the Judiciary
committee amendment to the bill, as amended, the same was put and
prevailed.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2555), as amended, was then read a third time and put upon its
passage.
On the passage of the bill,
the yeas were: Beach, Browning,
Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall,
Helmick, Jenkins, Klempa, Laird, McCabe, Miller, Minard, Palumbo,
Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Wills, Yost and Kessler (Acting President)--29.
The nays were: Barnes, Boley, Chafin and Nohe--4.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for H. B. No. 2555) passed.
At the request of Senator
Palumbo
, as chair of the Committee
on
the Judiciary
, and by unanimous consent, the unreported
Judiciary committee amendment to the title of the bill was
withdrawn.
On motion of Senator Browning, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2555--A Bill
to amend and
reenact §17B-2-3a of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated
§17C-14-15; and to amend and reenact §17C-15-49 of said code, all
relating to establishing the primary misdemeanor offense of
operating a motor vehicle while sending or reading a text message;
providing exceptions; providing definitions; providing penalties;
making graduated driver's license provisions consistent with new
offense;
making the offense of failure to wear safety belts a primary offense; and modifying fines.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Eng. Com. Sub. for House Bill No. 2248, Expanding the list of
federal law-enforcement officers who are extended the authority of
state and local law-enforcement officers to enforce the laws of
this state.
Eng. Com. Sub. for House Bill No. 2451, Relating to victim
impact statements.
Eng. Com. Sub. for House Bill No. 2539, Authorizing the West
Virginia State Police to enter into agreements for certain forensic
services with the Marshall University Forensic Science Center.
Eng. Com. Sub. for House Bill No. 2864, All relating to the
creation of a misdemeanor crime of unlawful restraint in the first
and second degree.
Eng. Com. Sub. for House Bill No. 2888, Strengthening of
protections for whistleblowers of unsafe working conditions in
mines.
Eng. House Bill No. 2918, Relating to permanent business
registrations.
Eng. Com. Sub. for House Bill No. 2953, Relating to dedication of coalbed methane severance tax proceeds.
Eng. House Bill No. 2993, Relating to the West Virginia
Commercial Patents Incentives Tax Act.
Eng. Com. Sub. for House Bill No. 3054, Relating to DNA data
collection.
Eng. Com. Sub. for House Bill No. 3105, Providing immunity
from civil or criminal liability for first responders who use
forced entry to a residence.
Eng. House Bill No. 3119, Increasing the expenditure limit on
public service district construction and purchase contracts.
Eng. House Bill No. 3134, Relating to child support
enforcement.
Eng. House Bill No. 3137, Providing for additional
circumstances giving rise to "state 'on' indicators" for purposes
of extended unemployment compensation.
And,
Eng. Com. Sub. for House Bill No. 3163, Relating to workers'
compensation programs of state government entities.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate recessed until 6 p.m.
today.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
Executive Communications
Senator Kessler (Acting President) laid before the Senate the
following communication from His Excellency, the Governor, which
was read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 8, 2011
The Honorable Jeffrey V. Kessler
Acting President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Acting President Kessler:
Pursuant to the provisions of section fourteen, article VII of
the Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for Senate Bill No. 458.
I must object to this Bill because its object is not
adequately expressed in the title. The Bill would alter the
certification and certification renewal process for timbering
operation supervisors; however, the title incorrectly states the
length of the renewal certification.
Unfortunately, because the Bill's proposed title does not
adequately reflect the amendments it purports to make to the West Virginia Code, a reasonable person would not be able to discern the
amendments without reading the entire text of the Bill. For this
reason, I must veto Enrolled Committee Substitute for Senate Bill
No. 458.
Additionally, while not technically deficient, the title also
indicates that certification fees will be increased in the Bill.
The Bill, however, does not increase certification fees as
suggested by the title.
Very truly yours,
Earl Ray Tomblin,
Governor.
Senator Unger moved that in accordance with Section 14,
Article VII of the Constitution of the State of West Virginia, the
Senate proceeded to reconsider
Enr. Com. Sub. for Senate Bill No. 458, Updating Logging
Sediment Control Act.
Heretofore disapproved and returned by His Excellency, the
Governor, with his objections.
The question being on the adoption of Senator Unger's motion
that the Senate reconsider Enrolled Committee Substitute for Senate
Bill No. 458, the same was put and prevailed.
On motion of Senator Laird, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page six, section seven, line nine, after the word
"operation." by inserting the following: The certified logger
shall attend a training program every four years after
certification.;
On page seven, section seven, lines thirty-three through
thirty-seven, by striking out all of subsection (f) and inserting
in lieu thereof a new subsection (f), to read as follows:
(f) The certified logger shall submit a fee of $150 for the
initial certification application and the renewal application every
two years thereafter.;
And,
Enr. Com. Sub. for Senate Bill No. 458--An Act
to amend and
reenact §19-1B-3, §19-1B-4, §19-1B-5, §19-1B-7, §19-1B-11 and §19-
1B-12a of the Code of West Virginia, 1931, as amended, all relating
to updating the Logging Sediment Control Act; increasing licensure
and certification fees; requiring the Division of Forestry to
report certain information to the Tax Commissioner on a monthly
basis; requiring the Director of the Division of Forestry to notify
the Director of the Division of Water and Waste Management of the
Department of Environmental Protection of licensure suspension or
revocation within thirty days; modifying licensure and
certification renewal and application procedures; revising
certification training requirements; permitting the director the
discretion to immediately suspend a timbering operator or
operation, or any part of a timbering operation, in any part of the state; and requiring the Director of the Division of Forestry to
convene a committee to review best management practices every five
years.
The question now being on the passage of the bill, disapproved
by the Governor and amended by the Senate.
On the
passage of the bill, the yeas were: Beach, Boley,
Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Acting
President)--31.
The nays were: None.
Absent: Barnes, Plymale and Tomblin (Mr. President)--3.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Enr.
Com. Sub. for S. B. No. 458) passed with its title, as amended, as
a result of the objections of the Governor.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the fourth order of business.
Senator Miller, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the ninth day of March, 2011, presented to His Excellency, the Governor, for his action, the following bill,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(H. B. No. 2708), Removing a twelve-month limitation for
certain agreements between or among law-enforcement agencies.
Respectfully submitted,
Ron Miller,
Chair, Senate Committee.
Meshea Poore,
Chair, House Committee.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 70, Budget Bill.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 70 (originating in the Committee
on Finance)--A Bill
making appropriations of public money out of
the Treasury in accordance with section fifty-one, article VI of
the Constitution.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 55, Requesting DOH name State
Route 35 from mouth of Sweetwater Branch to Gourd Branch, in Wayne
County, "Perry Brothers Memorial Highway".
And,
Senate Concurrent Resolution No. 56, Requesting DOH name State
Route 35 from State Route 152 at Missouri Branch to Tank Hollow, in
Wayne County, "Crum Brothers Memorial Highway".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Robert D. Beach,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2013, Requiring the West
Virginia Enhanced 911 Council to propose Emergency Medical Dispatch
procedures.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 3, 2011;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2075, Relating to
acquisition of a municipal business license.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Snyder, and by unanimous consent,
the bill (Eng. Com. Sub. for H. B. No. 2075) was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2362, Increasing penalties
for financial exploitation of an elderly person or incapacitated
adult.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2362) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2368, Relating to the
practice of beauty care.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2368) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and
ordered to second reading.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Eng. Com. Sub. for House Bill No. 2437, Requiring study
relating to mandating the utilization of devices that case
underground mining machines to shut-off when methane is detected.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Energy, Industry and Mining.
At the request of Senator Green, and by unanimous consent, the
bill (Eng. Com. Sub. for H. B. No. 2437) was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2505, Adding synthetic
cannabinoids and hallucinogens and stimulants to the Schedule I
list of controlled substances (K2).
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2505) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2517, Allowing Correctional
Industries to directly purchase workers' compensation coverage for
inmates.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 3, 2011;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2521, Eliminating the requirement of serving domestic violence orders by certified mail.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. H. B. No. 2521) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2542, Clarifying
requirements and procedures for access to cemeteries and grave
sites located on private land.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2542) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2639, Authorizing
miscellaneous boards and agencies to promulgate legislative rules.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2639) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2695, Relating to the educational
broadcasting authority.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 3, 2011;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2763, Prohibiting the Executive Director
of Workforce West Virginia from billing a reimbursable employer
under the unemployment compensation law for overpaid amounts of
benefits paid to a claimant.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. H. B. No. 2763) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Eng. Com. Sub. for House Bill No. 2955, Authorizing the
Division of Mining and Reclamation to assess certain fees to coal
mine operators.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Mike Green,
Chair.
At the request of Senator Green, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2955) contained in
the preceding report from the Committee on Energy, Industry and
Mining was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2981, Clarifying payment for
trade certifications and allowing use of tuition assistance for
West Virginia National Guard members enrolled in a doctor of
medicine or osteopathic medicine program.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 3000, Making it lawful to hunt coyotes
with a green colored light.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 7, 2011;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 3004, Relating to the
Greater Huntington Park and Recreation District.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3004) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and
ordered to second reading.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 3028, Expanding the
responsibilities of the Maternal Mortality Review Team.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Government Organizaiton on March 4,
2011;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Herb Snyder,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3185, Allowing county
commissions to waive or reduce impact fees and capital improvement
fees of affordable housing units in their county.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Prezioso, as chair of the Committee on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
At the request of Senator Palumbo, and by unanimous consent,
the bill (Eng. Com. Sub. for H. B. No. 3185) was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3202, Relating to
residential rental security deposits.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3202) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Palumbo, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3225, Expanding the
definition of harassment, intimidation or bullying.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 8, 2011;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Corey Palumbo,
Chair.
On motion of Senator Unger, a leave of absence for the day was
granted Senator Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Unger, the Senate recessed until
tomorrow, Thursday, March 10, 2011, at 11 a.m.
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