sdj-58th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
FIFTY-EIGHTH DAY
____________
Charleston, W. Va., Thursday, March 11, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Doug Smailes, Christ Church
Sutton United Methodist, Sutton, West Virginia.
Pending the reading of the Journal of Wednesday, March 10,
2010,
On motion of Senator Oliverio, 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.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, proceeded
to the seventh order of business.
Senate Concurrent Resolution No. 15, Requesting Joint
Committee on Government and Finance study student performance and instructional time.
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. 23, Requesting Joint
Committee on Government and Finance study reducing school dropouts.
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. 29, Requesting DOH name
bridge at Cyrus Creek Road, Cabell County, "Glenn Holton Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Unger, the resolution was recommitted to
the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 31, Requesting Joint
Committee on Government and Finance study tourism industry development.
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. 46, Requesting Joint
Committee on Government and Finance study effects of coal slurry
impoundments and underground injection.
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. 50, Requesting DOH name
bridge in Wayne County "Corporal Samuel R. Drown Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was recommitted to
the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 52, Requesting Joint
Committee on Judiciary study child pornography investigative process.
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. 60, Expressing will of
Legislature reaffirming sister-state relationship with Taiwan.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
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.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the seventh order.
Senate Concurrent Resolution No. 64, Requesting Joint
Committee on Government and Finance study diversifying state economy.
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. 65, Requesting Joint
Committee on Government and Finance study renewable energy
technology funds.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Energy,
Industry and Mining; and then to the Committee on Rules.
Senate Concurrent Resolution No. 66, Requesting Joint
Committee on Government and Finance study economic impact of oil
and gas drillers' capture rule.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Energy,
Industry and Mining; and then to the Committee on Rules.
Senate Concurrent Resolution No. 67, Requesting Joint
Committee on Government and Finance study commercializing
interstate rest stops.
On unfinished business, coming up in regular order, was
reported by the Clerk Transportation and Infrastructure; and then to the Committee on Rules.
Senate Resolution No. 52, Honoring Gen. Louis L. Wilson, Jr.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
House Concurrent Resolution No. 43, The "Perdue Brothers
Memorial Bridge WWII Vets Walter, Riley, James, Norman, Omer,
Earl".
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 one, in the fifth Whereas clause, by striking out the
word "Vets" and inserting in lieu thereof the word "Veterans";
On page two, after the Resolved clause, by striking out the
word "Vets" and inserting in lieu thereof the word "Veterans";
On page two, in the first Further Resolved clause, by striking
out the word "Vets" and inserting in lieu thereof the word
"Veterans";
And,
By striking out the title and substituting therefor a new title, to read as follows:
House Concurrent Resolution No. 43--Requesting the Division of
Highways to name the bridge in Lavalette in Wayne County on Route
152, bridge number 50-152-40.39, as the "Perdue Brothers Memorial
Bridge WWII Veterans Walter, Riley, James, Norman, Omer, Earl".
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.
At the request of Senator Helmick, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate 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, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 42, Revising Municipal Economic
Opportunity Development District Act.
On motion of Senator Chafin, 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:
On page three, section three, lines thirty-three and thirty-four, by striking out the words "all Class I, Class II, Class III
and Class IV cities" and inserting in lieu thereof the words "any
Class I, Class II or Class III city or any Class IV town or
village";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 42--A Bill to amend and reenact §8-38-3,
§8-38-4, §8-38-5, §8-38-7, §8-38-10, §8-38-12, §8-38-15, §8-38-16,
§8-38-17 and §8-38-20 of the Code of West Virginia, 1931, as
amended, all relating to revising the Municipal Economic
Opportunity Development District Act generally; enlarging the types
of municipal corporations that may use sales tax increment
financing to finance certain economic development projects to any
Class I, Class II and Class III city and any Class IV town or
village; including remediation of former coal mining sites as a
permissible development expenditure for a project; changing
standard by which the maximum amounts of reserves that may be
established in the financing of a project are measured; suggesting
that the development office should consider whether the economic
development that a project enables is large enough to require that
it contain mixed use development consisting of a housing component
with at least ten percent of housing units in the district
allocated for affordable housing when determining whether there is a pressing need for the project; defining affordable housing; and
allowing the development office to reduce the minimum amount of
local sales tax revenues that would be deposited into the state's
general revenue fund in certain circumstances.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 42, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 42) passed with its House of Delegates amended title.
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 amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 81, Creating WV Official
Prescription Program Act.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 5W. WEST VIRGINIA OFFICIAL PRESCRIPTION PROGRAM ACT.
§16-5W-1. Short title.
This act shall be known and may be cited as the "West Virginia
Official Prescription Program Act".
§16-5W-2. Legislative findings.
(a) Use of fraudulently obtained prescriptions to illegally
obtain prescription drugs is an epidemic. It has few equals for
sheer size, speed of growth, resistance to deterrence, harm to
people from so many strata of society, and large costs to insurers.
Overdoses, deaths and injuries continue growing at an alarming
rate. More than twenty million Americans-nearly seven percent of
the population-were estimated to abuse prescription drugs in 2007,
based on the National Survey on Drug Use and Health.
(b) Prescription drug diversion drains health insurers
nationally of up to $72.5 billion a year, including up to $24.9 billion annually for private insurers. Estimated losses include
insurance schemes, plus the larger hidden costs of treating
patients who develop serious medical problems from abusing the
addictive narcotics they obtained through the swindles.
(c) Federal law now requires tamper resistant prescriptions
for all Medicaid prescriptions, and various states have taken on
the task of implementing document security programs as part of
their efforts to reduce substantially prescription drug fraud.
(d) The State of New York documented Medicaid savings of $140
million directly tied to its secure issuance prescription program
during the first year after implementation. It is estimated that
the savings resulting from the reduction in prescription drug fraud
will more than pay for the cost of implementing an official secure
state prescription program in West Virginia within a reasonable
period of time following initial implementation.
§16-5W-3. Definitions.
As used in this article:
(1) "Board" means the Board of Pharmacy established in article
five, chapter thirty of this code.
(2) "Dispenser" means a person authorized in this state to
distribute to the ultimate user a substance monitored by the
prescription monitoring program, but does not include:
(A) A licensed hospital pharmacy that distributes such
substances for the purposes of inpatient hospital care or the dispensing of prescriptions for controlled substances at the time
of discharge from such a facility; or
(B) A licensed health care provider who administers such a
substance at the direction of a licensed physician.
(3) "Prescriber" means an individual currently licensed and
authorized by this state to prescribe and administer prescription
drugs in the course of their professional practice. These include,
but are not limited to, allopathic and osteopathic physicians,
physician assistance, optometrists, podiatrists and nurse
practitioners as allowed by law.
(4) "West Virginia Official Prescription Program" means the
program established under section four of this article.
(5) "Program Vendor" means the private contractor or
contractors selected to manage the production and delivery of
official state prescription paper.
(6) "West Virginia Official Prescription" means prescription
paper, which has been authorized by the state for use, and meets
the following criteria:
(A) Prevention of unauthorized copying,
(B) Prevention of erasure or modification,
(C) An ability to prevent counterfeit prescription pads; and
(D) Capable of supporting automated validation through
pharmacy claims processing systems using the official state
prescription control number.
§16-5W-4. Establishment of West Virginia Official Prescription
Program.
(a) The board shall establish and maintain an official
prescription program in the state. The board may contract with a
program vendor or vendors to establish and maintain the official
state prescription program.
(b) The official West Virginia prescription paper shall be
authorized by the board through a program vendor or vendors in
batch quantities, which paper may be serially numbered and unable
to be altered, copied, or counterfeited. Blank prescription paper
shall not be transferable. The official prescription paper shall
be provided to appropriate practitioners and facilities at a fee
established by legislative rule.
(c) Prescription paper may be issued to specific practitioners
marked with a unique number and, if so, shall only be used by that
practitioner. The board shall establish security requirements
concerning the procurement of the official prescription paper which
both the board and the contracted program vendor shall use.
(d) A pharmacist may not fill a written prescription from a
West Virginia practitioner unless issued upon an official state
issued prescription form.
§16-5W-5. Legislative rules.
The board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-nine-a of this code to accomplish the requirements of this article.
The legislative rules shall include, at a minimum:
(1) That on July 1, 2011, every prescription written in West
Virginia by a practitioner shall be written on official West
Virginia tamper-resistant prescription paper.
(2) Contracting requirements for contracting with a program
vendor or vendors including auditing requirements for printing
facilities and standard prescription pad formatting requirements.
(3) Standard format for prescription paper and the development
of identifying markers on prescription paper. These markers shall
be on the front and back of the prescription paper to be used by
practitioners throughout the state.
(4) A means of reporting unauthorized use, theft or
destruction of authorized state prescription paper.
(5) Fees for the distribution of standard format prescription
paper to practitioners and facilities.
§16-5W-6. Exclusions.
The provisions of this article do not apply to:
(a) Oral prescription practices;
(b) Electronic prescription practices;
(c) Out-of-state prescription practices; or
(d) Prescriptions generated within a licensed medical facility
that results in the internal dispensing of prescription drugs to
any patient receiving treatment in that facility where the patient is never in possession of the prescription.
§16-5W-7. Reporting requirements.
Practitioners shall immediately notify the board as prescribed
by legislative rule of the loss, destruction, theft or unauthorized
use of any official state prescription paper issued to them as well
as the failure to receive official state prescription paper within
a reasonable time after ordering them from the board. Upon receipt
of notification, the board shall conduct a thorough investigation
and take any necessary and appropriate action.
§16-5W-8. Limitation of additional record keeping and liability.
(a) Official state prescription paper may include unique
serial numbers for tracking purposes and to decrease potential
fraud. Inclusion of a serial number does not:
(1) Place additional tracking or reporting responsibilities on
a practitioner or pharmacist with the exception of those listed in
section six of this act; or
(2) Affect the liability or responsibility of a practitioner
or a pharmacist.
(b) Use of official West Virginia prescription paper shall
meet all requirements issued by the Center for Medicare and
Medicaid Services for the use of tamper-resistant security
features.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 81, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 81) passed with its title.
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 amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 240, Authorizing Department
of Administration promulgate legislative rules.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On page four, section two, line eight, after the word
"authorized" by changing the period to a comma and adding the
following: with the following amendment:
On page two, subsection 2.15, by striking out said subsection
2.15 in its entirety and inserting in lieu thereof a new subsection
2.15 to read as follows:
2.15. "Vehicle" means any state or agency owned passenger-
type vehicle including but is not limited to sedans, station
wagons, minivans, pickup trucks classified as less than one ton,
sport utility vehicles, or vans used primarily for the
transportation of the driver and no more than 15 passengers.;
On page nine, subsection 10.3, in the first sentence of said
subsection, by striking out the words "Vehicles shall be leased
from the Travel Management Office" and inserting in lieu thereof
the words "The Travel Management Office may lease vehicles to
spending units"; and
On page ten, subsection 10.10, by striking out the words "An
invoice will be issued on a regular basis." and inserting in lieu
thereof the words "The Travel Management Office shall issue regular
invoices to spending units for vehicle leases and services."
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 240, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 240) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 240) 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 amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 365,
Requiring pharmacies provide personnel online access to controlled
substances database.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 365--A Bill
to amend and reenact §60A-9-5 of the Code of West Virginia, 1931,
as amended, relating to the West Virginia Controlled Substances
Monitoring Program database; requiring all prescribers or
dispensers of Schedule II, III or IV controlled substances to have
online access to the West Virginia Controlled Substances Monitoring
Program database; authorizing persons or entities with access to
the database to delegate access to database to others; limiting
liability practitioners for good faith reliance on database;
authorizing the Office of the Chief Medical Examiner access to the
database; clarifying that practitioners have no duty to access database; authorizing rules for delegation of access; and
rulemaking.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 365, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 365) passed with its House of
Delegates amended title.
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 amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 385, Requiring banks provide bond to
secure certain county deposits.
On motion of Senator Chafin, 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:
On page two, section two, lines one through nine by striking
the words "No designation is binding on any county, nor shall any
public money be deposited thereunder in excess of the amount
insured by an agency of the federal government, until the banking
institution designated executes a bond with good and sufficient
sureties, to be accepted and approved by the county commission,
payable to the State of West Virginia, in a sum as the county
commission shall direct, and which may not be less than the maximum
sum that is deposited in the depository at any one time." and
inserting in lieu thereof the following: No designation is binding
on any county, nor shall any public money be deposited thereunder
in excess of the amount insured by an agency of the federal
government, until the banking institution designated executes a
bond with good and sufficient sureties, to be accepted and approved
by the county commission, payable to the State of West Virginia, in
a sum as the county commission shall direct, and which may not be
less than the amount of the deposit that exceeds the amount insured by an agency of the federal government in the depository at any one
time.";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 385--A Bill to amend and reenact §7-6-2
of the Code of West Virginia, 1931, as amended, relating to bond
requirements for county depositories; requiring that a county
depository execute a bond only for the amount of the public money
deposited that exceeds the amount of the deposit insured by an
agency of the federal government.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 385, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S.
B. No. 385) passed with its House of Delegates amended title.
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 of
Eng. Senate Bill No. 390, Clarifying court assesses private
investigative and security services regulations violation
penalties.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 527, Requiring State Rail Authority
establish transportation and local rail service plan.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 584, Relating to Center for Nursing's
data collection policy.
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. Senate Bill No. 595, Extending vesting period for
subdivision and land development plans.
On motion of Senator Chafin, 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 clause and
inserting in lieu thereof the following:
That §8A-4-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §8A-5-12 of said code be amended
and reenacted, all to read as follows:
ARTICLE 4. SUBDIVISION AND LAND DEVELOPMENT ORDINANCE.
§8A-4-2. Contents of subdivision and land development ordinance.
(a) A subdivision and land development ordinance shall include
the following provisions:
(1) A minor subdivision or land development process, including
criteria, requirements and a definition of minor subdivision;
(2) The authority of the planning commission and its staff to
approve a minor subdivision or land development;
(3) A major subdivision or land development process, including
criteria and requirements;
(4) The authority of the planning commission to approve a
major subdivision or land development;
(5) The standards for setback requirements, lot sizes,
streets, sidewalks, walkways, parking, easements, rights-of-way,
drainage, utilities, infrastructure, curbs, gutters, street lights, fire hydrants, storm water management and water and wastewater
facilities;
(6) Standards for flood-prone or subsidence areas;
(7) A review process for subdivision or land development plans
and plats by the planning commission;
(8) An approval process for subdivision or land development
plans and plats by the planning commission, including the authority
to approve subdivision or land development plans and plats with
conditions;
(9) A process to amend final approved subdivision or land
development plans and plats;
(10) A requirement that before development of the land is
commenced, subdivision and land development plans and plats must be
approved by the applicable planning commission, in accordance with
the comprehensive plan, if a comprehensive plan has been adopted;
(11) A requirement that after approval of the subdivision or
land development plat by the planning commission and before the
subdivision or development of the land is commenced, the
subdivision and land development plat shall be recorded in the
office of the clerk of the county commission where a majority of
the land to be developed lies;
(12) A schedule of fees to be charged which are proportioned
to the cost of checking and verifying proposed plats;
(13) The process for granting waivers from the minimum standards of the subdivision and land development ordinance;
(14) Improvement location permit process, including a
requirement that a structure or development of land is prohibited
without an improvement location permit;
(15) The acceptable methods of payment to cover the cost of
the water and sewer service infrastructure, which can include, but
are not limited to, bonds, impact fees, escrow fees and proffers;
(16) The process for cooperating and coordinating with other
governmental agencies affected by the subdivision and land
development and use; and
(17) Penalties for violating the subdivision and land
development ordinance.
(b) A subdivision and land development ordinance may include
the following provisions:
(1) Establishing a board of subdivision and land development
appeals with the same powers, duties and appeals process as set out
for the board of zoning appeals under the provisions of article
eight of this chapter;
(2) Requirements for green space, common areas, public
grounds, walking and cycling paths, recreational trails, parks,
playgrounds and recreational areas;
(3) Encourage the use of renewable energy systems and energy-
conserving building design;
(4) Vested property right, including requirements;
(5) Exemptions of certain types of land development from the
subdivision and land development ordinance requirements, including,
but not limited to, single-family residential structures and farm
structures; and
(6) Any other provisions consistent with the comprehensive
plan the governing body considers necessary.
(c) All requirements, for the vesting of property rights
contained in an ordinance enacted pursuant to this section that
require the performance of any action within a certain time period
for any subdivision or land development plan or plat valid under
West Virginia law and outstanding as of January 1, 2010, shall be
extended until July 1, 2012, or longer as agreed to by the
municipality, county commission or planning commission. The
provisions of this subsection also apply to any requirement that a
use authorized pursuant to a special exception, special use permit,
conditional use permit or other agreement or zoning action be
terminated or ended by a certain date or within a certain number of
years.
ARTICLE 5. SUBDIVISION OR LAND DEVELOPMENT PLAN AND PLAT.
PART I. MINOR SUBDIVISION OR LAND DEVELOPMENT PROCESS.
§8A-5-12. Vested property right.
(a) A vested property right is a right to undertake and
complete the land development. The right is established when the
land development plan and plat is approved by the planning commission and is only applicable under the terms and conditions of
the approved land development plan and plat.
(b) Failure to abide by the terms and conditions of the
approved land development plan and plat will result in forfeiture
of the right.
(c) The vesting period for an approved land development plan
and plat which creates the vested property right is five years from
the approval of the land development plan and plat by the planning
commission.
(d) Without limiting the time when rights might otherwise
vest, a landowner's rights vest in a land use or development plan
and cannot be affected by a subsequent amendment to a zoning
ordinance or action by the planning commission when the landowner:
(1) Obtains or is the beneficiary of a significant affirmative
governmental act which remains in effect allowing development of a
specific project;
(2) Relies in good faith on the significant affirmative
governmental act; and
(3) Incurs extensive obligations or substantial expenses in
diligent pursuit of the specific project in reliance on the
significant affirmative governmental act.
(e) A vested right is a property right, which cannot be taken
without compensation. A court may award damages against the local
government in favor of the landowner for monetary losses incurred by the landowner and court costs and attorneys' fees, resulting
from the local government's bad faith refusal to recognize that the
landowner has obtained vested rights.
(f) Any subdivision or land development plan or plat, whether
recorded or not yet recorded, valid under West Virginia law and
outstanding as of January 1, 2010, shall remain valid until July 1,
2012, or such later date provided for by the terms of the planning
commission or county commission's local ordinance or for a longer
period as agreed to by the planning commission or county
commission. Any other plan or permit associated with the
subdivision or land development plan or plat shall also be extended
for the same time period. Provided, That the land development plan
or plat has received at least preliminary approval by the planning
commission or county commission by March 1, 2010.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 595--A Bill to amend and reenact §8A-4-2
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §8A-5-12 of said code, all relating to subdivisions;
extending the approval term of certain uses and permits associated
with a subdivision plan or plat and extending the vesting period
for a subdivision or land development plan or plat.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 595, as amended by the House of
Delegates, was then put upon its passage.
Prior to the call of the roll, Senator Snyder moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Stollings, Sypolt, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: Unger--1.
Absent: Caruth--1.
Excused from voting: Snyder--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 595) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Stollings,
Sypolt, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: Unger--1.
Absent: Caruth--1.
Excused from voting: Snyder--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 595) 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 amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 618, Relating
to osteopathic physician assistants.
On motion of Senator Chafin, 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:
On page sixteen, section three, line four, before the word
"The" by inserting "(a)";
And,
On page sixteen, section three, after line eleven, by adding
a new subsection, designated subsection (b), to read as follows:
(b) The fees in effect on the effective date of the
reenactment of this section during the regular session of the
Legislature in 2010 will remain in effect until modified by
legislative rule.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 618, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 618) passed with its title.
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 of
Eng. Senate Bill No. 636, Reconstituting Commission to Study
Residential Placement of Children.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 665, Transferring certain
Health Care Authority's duties to Insurance Commissioner.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
Eng. Com. Sub. for Senate Bill No. 665--A Bill to repeal §33-
15B-4 of the Code of West Virginia, 1931, as amended; and to amend
and reenact §33-15B-1, §33-15B-2, §33-15B-3 and §33-15B-5 of said
code, all relating to health care forms; explaining legislative
purpose; defining scope of article; transferring certain duties
regarding uniform forms from the Health Care Authority to the
Insurance Commissioner; adding Department of Health and Human
Resources to advisory committee; authorizing Insurance Commissioner
to propose rules; and prescribing penalties.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Committee Substitute for Senate Bill No. 665, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 665) passed with its House of Delegates
amended title.
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
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 4166, Expanding the age for
firefighters over thirty-five years of age for persons already
employed by another paid fire department.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Jenkins, Foster and Hall.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4459, Increasing the time in
which a dependent may apply for Workers Compensation death benefits
where occupational pneumoconiosis is determined to be a cause of
death.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4670--A Bill making a supplementary
appropriation from the balance of moneys remaining unappropriated
for the fiscal year ending June 30, 2010, to the Department of
Agriculture - Agriculture Fees Fund, fund 1401, fiscal year 2010,
organization 1400, to the Department of Health and Human Resources
- Division of Health - Vital Statistics, fund 5144, fiscal year
2010, organization 0506, to the Department of Health and Human
Resources - Division of Human Services - West Virginia Works Separate State Two-Parent Program Fund, fund 5468, fiscal year
2010, organization 0511, to the Department of Revenue - Racing
Commission - General Administration, fund 7305, fiscal year 2010,
organization 0707, to the Bureau of Senior Services - Community
Based Service Fund, fund 5409, fiscal year 2010, organization 0508,
and to new items of appropriation designated to the Higher
Education Policy Commission - Community and Technical College
Capital Improvement Fund, fund 4908, fiscal year 2010, organization
0442, and to the Higher Education Policy Commission - West Liberty
University - West Liberty University Land Sale Account, fund 4566,
fiscal year 2010, organization 0488, by supplementing and amending
chapter ten, Acts of the Legislature, regular session, 2009, known
as the Budget Bill.
Referred to the Committee on Finance.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, extending
this current legislative session until and including the twentieth
day of March, two thousand ten, 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 the current regular session of the
Legislature shall 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 2010 regular session of the
Legislature concludes on the thirteenth day of March, two thousand
ten, at midnight; 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, Article VI, Section 51 of the
Constitution of West Virginia 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.
NOW, THEREFORE, I, JOE MANCHIN III, GOVERNOR of the State of
West Virginia, do hereby issue this Proclamation, in accordance with Article VI, Section 51, Subsection D(8) of the Constitution of
West Virginia, to extend this regular session of the Legislature
for consideration of the Budget Bill for an additional period not
to exceed seven days; but no matters other than the Budget Bill
shall be considered during this extension of the session, except a
provision for the cost thereof.
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 tenth day
of March, in the year of our
Lord, Two Thousand Ten, and in
the One Hundred Forty-Seventh
year of the State.
JOE MANCHIN III,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
The Senate proceeded to the fourth order of business.
Senator Helmick, 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. 2773, Increasing the
monetary penalties for selling tobacco products to minors.
With amendments from the Committee on the Judiciary pending;
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 9, 2010;
And reports the same back with the recommendation that it do
pass as amended by the Committee on the Judiciary to which the bill
was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4036, Establishing the Judicial Vacancy
Advisory Commission.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 8, 2010;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, 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. 4143, Relating to emergency
medical services.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4143) 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 Helmick, 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. 4188, Anti-Criminal Street
Gang Act.
With amendments from the Committee on the Judiciary pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 9, 2010;
And reports the same back with the recommendation that it do
pass as amended by the Committee on the Judiciary to which the bill
was first referred; and as last amended by the Committee on
Finance.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, 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. 4223, Increasing the safety
of school children that use school buses.
With amendments from the Committee on Education pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4223) 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 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. 4525, Changing the
composition, powers and responsibilities of the board of Coal Mine
Health and Safety.
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 Government Organization.
Respectfully submitted,
Mike Green,
Chair.
At the request of Senator Green, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4525) 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 Government
Organization, with an amendment from the Committee on Energy,
Industry and Mining pending.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 2485, Allowing pharmacy interns to vend pseudoephedrine and other chemical precursors of methamphetamine.
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, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--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. 2485) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 2485--A Bill
to amend and reenact §60A-10-
3, §60A-10-4, §60A-10-5 and §60A-10-8 of the Code of West Virginia,
1931, as amended, all relating to updating who may sell, possess or
otherwise handle pseudoephedrine and other chemical precursors of
methamphetamine
; defining terms; and updating reporting
requirements.
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. 4038, Imposing a statutory
lien on fire insurance proceeds in the event of a total loss to
real property.
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: Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: Barnes and Sypolt--2.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4038) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4155, Permitting revenues
allocated to volunteer and part time fire departments to be used
for Workers' Compensation premiums and length of service awards.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Wednesday, March 10, 2010, for
amendments to be received on third reading, was reported by the Clerk.
On motions of Senators Chafin, Helmick, McCabe and Edgell, the
following amendment to the bill was reported by the Clerk and
adopted:
On page four, section eight-b, lines fifty-eight through
sixty, by striking out all of subdivision (14) and inserting in
lieu thereof a new subdivision (14), to read as follows:
"
(14) Life insurance premiums to provide a benefit not to
exceed $20,000 for firefighters; and
".
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4155), as just amended, was then read a third time and put upon its
passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4155
) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4155--A Bill to amend and
reenact §8-15-8b of the Code of West Virginia, 1931, as amended,
relating to permitting revenues allocated to volunteer and part
time fire departments to be used for Workers' Compensation
premiums, certain life insurance premiums, educational training
supplies and fire prevention promotional materials; and revising
references.
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. 4167, Creating a special
revenue fund, known as the Department of Health and Human Resources
Safety and Treatment Fund.
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, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4167) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4211, Providing supplemental
funding for providing alternative programs for limited English
proficient students.
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, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4211) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4260, Relating to insurance
adjusters.
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, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4260) passed.
The following amendment to the title of the bill, from the
Committee on Banking and Insurance, was reported by the Clerk and
adopted:
Eng. Com. Sub. for House Bill No. 4260--A Bill
to repeal
§33-12B-2 and §33-12B-13 of the Code of West Virginia, 1931, as
amended; to amend and reenact §33-12B-1, §33-12B-3, §33-12B-5,
§33-12B-9, §33-12B-10 and §33-12B-11 of said code; to amend said
code by adding thereto a new section, designated §33-12B-10a, all
relating to licensing of insurance adjusters; providing
definitions; permitting an adjuster to designate a home state;
establishing a new crop adjuster license and its qualifications; revising the requirements for nonresident adjusters; revising
licensing renewal requirements; requiring notification by adjusters
of legal actions taken against them; granting the Insurance
Commissioner the authority to examine the business practices of
persons holding or applying for adjuster licenses; clarifying the
hearing process to be used concerning adverse administrative
actions; providing for placing an adjuster on probation for
violation of the provisions of the chapter or rules; providing for
suspension or revocation of license for failure to pay
administrative penalty; increasing maximum administrative penalty
for violations; and providing for judicial review.
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. 4359, Requiring local labor
for public construction projects.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
House Bill No. 4359 pass?"
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4359) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Thereafter, at the request of Senator Plymale, and by
unanimous consent, the remarks by Senators Kessler and Bowman
regarding the passage of Engrossed Committee Substitute for House
Bill No. 4359 were ordered printed in the Appendix to the Journal.
Eng. House Bill No. 4416, Declaring certain claims against the
state and its agencies to be moral obligations of the state and
directing payments thereof.
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, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--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. 4416) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Caruth--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. 4416) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4512, Relating to school bus
operators.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Wednesday, March 10, 2010, for
further amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Plymale, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page thirteen, section eight, line two hundred twenty-two,
by striking out the word "regularly" and inserting in lieu thereof
the word "exclusively";
And,
On page fourteen, section eight, line two hundred twenty-four,
after the word "subsection" by changing the semicolon to a colon
and inserting the following proviso: "Provided, That nothing in
this paragraph prohibits a person in this position from being
multiclassified;".
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4512), as amended, was then read a third time and put upon its
passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
House Bill No. 4512 pass?"
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Eng. Com. Sub. for H. B. No. 4512
) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4512--A Bill
to amend and
reenact §18A-4-8, §18A-4-8b and §18A-4-8e of the Code of West
Virginia, 1931, as amended, all relating to school service
personnel; limiting assignments of director or coordinator of
services; requiring school bus supervisor to be certified to
operate a bus or previously certified to operate a bus; requiring
supervisor of transportation and multiclassification position that
includes this title first employed after certain date to have five
years of experience working in transportation department and
defining experience; defining itinerant status, assignments,
posting, limit on positions, and exclusions; requiring additional
content of notice of a job vacancy generally and aide
classification category specifically; and modifying test frequency
for recertifying a bus operators.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4512) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senator Plymale regarding the passage of
Engrossed Committee Substitute for House Bill No. 4512 were ordered
printed in the Appendix to the Journal.
Eng. House Bill No. 4669, Granting exceptions to certain
statutes to innovation zone plans approved by state board.
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, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--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. 4669) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the sixth order of business.
Senators Green and Browning offered the following resolution:
Senate Concurrent Resolution No. 70--Requesting that the
Division of Highways name a section of Wyoming County Route 1,
Wyoming County, West Virginia, from mile post 4.62 to mile post
4.84, the "Gary "Beatle" Sutherland Road".
Whereas, Gary L. Sutherland was born on November 11, 1955; and
Whereas, Gary L. Sutherland served as a member of the Peabody
Harris Complex Mine Rescue Team from 1982 through 1986; and
Whereas, Gary L. Sutherland received his Mine Foreman
Certificate from the Office of Miners' Health Safety & Training on
April 5, 1983; and
Whereas, Gary L. Sutherland received numerous safety awards;
and
Whereas, Gary L. Sutherland devoted his life as an underground
track man and crew leader for Peabody Coal Company, Harris #1, from
January of 1976, through November of 2007; and
Whereas, Gary L. Sutherland entered into a new life on
December 14, 2007, leaving behind his wife of 31 years, Patricia A.
Sutherland, two daughters, Angela D. Shorter and Felisha N.
Sutherland, and one granddaughter, Brooke M. Shorter; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name a section of Wyoming County Route 1, Wyoming County, West
Virginia, from mile post 4.62 to mile post 4.84, the "Gary "Beatle"
Sutherland Road"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the road as
the "Gary "Beatle" Sutherland Road"; 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 Gary L.
Sutherland.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration.
The resolution was then referred to the Committee on
Transportation and Infrastructure.
Senator Sypolt offered the following resolution:
Senate Concurrent Resolution No. 71--Requesting the Joint
Committee on Government and Finance to study the economic and
environmental impact of landfills and monofills with respect to
recycling, fees and environmental regulation.
Whereas, Landfills and monofills have an important economic
and environmental impact on communities where they are located; and
Whereas, Issues such as recycling, fees and environmental
regulation greatly impact the sustainability of landfills and
monofills; and
Whereas, There is a need to quantify the impact of recycling,
fees and environmental regulation on landfills and monofills to
determine where changes can be made to enhance the economic and
environmental sustainability of landfills and monofills; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the economic and environmental impact of
landfills and monofills with respect to recycling, fees and
environmental regulation; 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, 2011, 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.
Senator Sypolt offered the following resolution:
Senate Concurrent Resolution No. 72--Requesting the Joint
Committee on Government and Finance to study the economic impact of
industrial traffic with respect to fees and road taxes on the roads
of the state.
Whereas, Industrial traffic has a significant impact on the
roads of this state; and
Whereas, The fees and road taxes applied to industrial traffic
should have a positive economic impact on the state; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the economic impact of industrial traffic with
respect to fees and road taxes on the roads of the state; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and 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.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Unger, 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. 73 (originating in the
Committee on Transportation and Infrastructure)--Requesting the
Joint Committee on Government and Finance study public policy
initiatives that promote the development and implementation of
green building standards, green energy workforce and energy demand-
side management in the public and private sectors, as well as
potential tax credits.
Whereas, President Barack Obama initiated a significant
catalyst to the green energy economy through the commitment of
billions of federal dollars; and
Whereas, West Virginia is one of the largest energy producers and exporters in the United States, a state which, in addition to
fossil fuel reserves, has a vast amount of renewable energy
resources that, if effectively captured and developed, is capable
of creating greater opportunities and substantial wealth in West
Virginia's energy economy, twenty states, including the neighboring
states of Maryland, Pennsylvania and Ohio, have dedicated funds to
promote renewable energy technologies, and West Virginia's economy
may benefit from joining other states that are supporting renewable
energy projects by establishing a dedicated, long-term funding
source; and
Whereas, The creation of further demand for skilled trained
green jobs and products is important to future economic development
in the state; and
Whereas, Educational and training programs within the
community college/vocational-technical system serve as the catalyst
for the development of green jobs; and
Whereas, The development of energy demand-side best practices
will generate savings for both public and private sector
organizations; and
Whereas, Several public sector entities, such as the School
Building Authority and Courthouse Facilities Improvement Authority,
currently possess the capability and programmatic structure
conducive to the development and implementation of energy demand-
side best practices; and
Whereas, The United States Green Building Council has
developed standards known as the Leadership in Energy and
Environmental Design standards; and
Whereas, Further review and determination of the most relevant
and useful green building standards is critical to any energy
demand-side management policy and program; and
Whereas, The availability of credits against certain state
taxes, such as the West Virginia corporation net income tax, the
business franchise tax and the West Virginia personal income tax,
for placing in service certain energy efficient buildings, such as
those buildings that comply with designated requirements of the
federal Energy Star programs, would encourage the construction or
rehabilitation of energy-efficient buildings in this state;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study public policy initiatives that promote the
development and implementation of green building standards, green
energy workforce and energy demand-side management in the public
and private sectors, as well as potential tax credits; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to study the different types and
funding methods of renewable energy technology funds operated by
other states and the feasibility and viability of establishing a state dedicated fund to promote renewable energy technologies in
West Virginia, and to consider and evaluate different methods of
funding a renewable energy technology fund in West Virginia; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance may seek input and information from experts and other
resources appropriate to this study; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and 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; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
John R. Unger II,
Chair.
On motion of Senator Unger, the resolution (S. C. R. No. 73)
contained in the foregoing report from the Committee on
Transportation and Infrastructure was then referred to the
Committee on Rules.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 74 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Education to study the need to provide funding to the athletic
departments of West Virginia high schools and middle schools for
the specific purposes of alleviating the financial burden with
respect to transportation, officials fees, facility upgrades and
durable equipment items.
Whereas, High school and middle school athletics is an
important part of many young West Virginians physical fitness and
the experience of competing in athletics plays an integral role in
many young West Virginians growth as individuals and as a part of
a team; and
Whereas, The athletic departments of West Virginia's middle
schools and high schools are under financial stress; and
Whereas, The State Excess Lottery Revenue Fund has available
funds; and
Whereas, Many schools do not have sufficient funds to provide
team transportation to athletic events, thereby creating the safety
risk of increased vehicles traveling to the events; and
Whereas, Many middle schools and high schools face annual
officials costs of $35,000 or more in order to complete the
schools' athletic events; and
Whereas, Many middle schools and high schools need to make
costly facility upgrades, including but not limited to the addition
of lights on outdoor fields and the repair of fields; and
Whereas, Many durable equipment items are often more costly
than middle schools and high schools are able to afford; and
Whereas, Providing funding for transportation, officials fees,
facility upgrades and certain durable equipment purchase will
create additional jobs in many local communities throughout the
state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Education is hereby requested to
study the need for providing funding from the State Excess Lottery
Revenue Fund to the athletic departments of the state's middle
schools and high schools for the specific focus of transportation,
officials fees, facility upgrades and durable equipment items; and,
be it
Further Resolved, That the study need not address any funds
for salaries, hotels, meals, nondurable equipment or other athletic
department expenses that are not mentioned in the previous
paragraph; and, be it
Further Resolved, That the Joint Committee on Education report
to the regular session of the Legislature in 2011 on its findings,
conclusions and recommendations, together with drafts of any
legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Education.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the resolution (S. C. R. No. 74)
contained in the foregoing report from the Committee on the
Judiciary was then referred to the Committee on Rules.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 75 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on the
Judiciary to study the need to limit the liability of the section
of Parks and Recreation of the Division of Natural Resources and
state park foundations, county parks and recreation commissions,
boards of park and recreation commissioners and owners of land used
for public parks and recreation purposes under an agreement with
any of the foregoing entities.
Whereas, Public parks provide recreational areas for
communities across the State of West Virginia; and
Whereas, Without these recreational areas, there would be far
fewer locations for recreational activity within the state; and
Whereas, There is a strong need in all communities within the
state for recreational areas within which community members can
exercise and enjoy the opportunities that each public park offers;
and
Whereas, During the participation in recreational activities
there always exists the unfortunate possibility of a person
sustaining injury, loss or damage; and
Whereas, Such injury, loss or damage may not be caused by an
agent or employee of the public park; and
Whereas, Any legal liability of public parks emanating from
injury, loss or damage not caused by an agent or employee could
shift the monetary burden from a private person or organization to
the public park and the public at large; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested
to study the need to limit the liability of the section of Parks
and Recreation of the Division of Natural Resources and state park
foundations, county parks and recreation commissions, boards of
park and recreation commissioners and owners of land used for
public parks and recreation purposes under an agreement with any of
the foregoing entities; and, be it
Further Resolved, That the Joint Committee on the Judiciary
report to the regular session of the Legislature in 2011 on its
findings, conclusions and recommendations, together with drafts of
any legislation necessary to effectuate its recommendations; and,
be it
Further Resolved, That expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on the
Judiciary.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the resolution (S. C. R. No. 75)
contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Rules.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 76 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance to undertake the study of Prison and
Regional Jail Overcrowding, with an emphasis on developing
alternative community-based and other supervised programs, services
and facilities, and, where possible, to avoid the overwhelming cost
of constructing additional secure jails and prisons.
Whereas, The Legislature has received the Report of The
Governor's Commission on Overcrowding, submitted June 30, 2009, the
Interim Recommendations by the Compliance Committee of the Supreme
Court of Appeals of West Virginia on Prison Overcrowding, dated
January 10, 2010 and The Report of the West Virginia Law Institute,
dated January 11, 2010, each containing a variety of broad-based
proposals for the reform of our current criminal justice system to
relieve prison overcrowding; and
Whereas, This state has already reached the point of prison
overcrowding, with over 6,300 offenders having been sentenced, and
with over 1,300 of these offenders being held in regional jails
until space becomes available in Division of Corrections
facilities, thus imposing great strain upon our regional jail system; and
Whereas, This state has one of the highest increasing prison
populations in the nation, which continues to grow at a rate of
seven percent annually; and
Whereas, By the end of the year 2012, this state will need
approximately 3,000 additional beds to accommodate the additional
inmates entering our corrections facilities if the status quo of
our criminal justice system remains unchanged; and
Whereas, By the end of the year 2017, it is anticipated that
our current need for additional bed space will double, absent
meaningful reform; and
Whereas, The Division of Corrections has already requested
funding for two major construction projects, the total cost of
which may exceed the sum of $400,000,000; and
Whereas, The Supreme Court of Appeals has forewarned the
Legislative and Executive branches of the possibility of state or
federal judicial intervention in the event prison overcrowding
reaches the level of "unconstitutional deprivation"; and
Whereas, The Division of Corrections has specifically reported
that three-quarters of prison admissions in this state are for non-
violent, property and drug related crimes; and
Whereas, The Division of Corrections has further reported that
approximately 85% of all inmates have some form addiction or
substance abuse problem; and
Whereas, All three of the reports submitted to the Legislature
agree on the aggressive pursuit and development of alternative
sanctions, including expanded probation, early parole, the
expansion of day-reporting and work-release centers, the
acquisition of half-way houses, the expanded use of substance abuse
treatment programs and facilities, shortened lengths of stay, and
the acquisition of special facilities for the geriatric and
mentally ill; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance direct that
a Joint Committee on Prison Overcrowding & Alternative Sanctions be
created, consisting of the Chairman of the Senate Judiciary, or his
or her designee, the Chairman of the House Judiciary Committee, or
his or her designee, The Chairman of the Senate Finance Committee,
or his or her designee, and the Chairman of the House Finance
Committee, or his or her designee; and be it
Further Resolved, That the Joint Committee direct the Division
of Corrections and the Division of Health and Human Services to
jointly participate in the development of specific programs,
facilities, and funding requirements as outlined in the
aforementioned reports, identifying the potential use of existing
state buildings or properties and the availability of federal
resources for these projects and future state funding requirements;
and, be it
Further Resolved, That the Joint Committee shall report to the
regular session of the Legislature in 2011 on its findings,
conclusions and recommendations, together with drafts of any
legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, prepare a report 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,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the resolution (S. C. R. No. 76)
contained in the foregoing report from the Committee on the
Judiciary was then referred to the Committee on Rules.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced
that that body had refused to recede from its amendments, and requested the appointment of a committee of conference of three
from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for Senate Bill No. 273, Authorizing DEP
promulgate legislative rules.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Brown, Fleischauer and Sobonya.
On motion of Senator Chafin, the Senate agreed to the
appointment of a conference committee on the bill.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Minard, Williams and Barnes.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the fifth order of business.
Senator McCabe, from the committee of conference on matters of
disagreement between the two houses, as to
Eng. Senate Bill No. 611, Removing location requirement for
certain higher education offices.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendment of the House to Engrossed Senate
Bill No. 611 having met, after full and free conference, have
agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to
the amendment of the House of Delegates on page thirty-three,
section six, subsection (a), subdivision (17), and that the Senate
and House agree to an amendment as follows:
On page one hundred ninety-one, after the word "center" by
changing the semicolon to a colon and inserting the following
proviso: "Provided, however, That the current employees of WVNET
shall not be moved from Monongalia County without legislative
approval;";
And,
That the Senate agree to the all other amendments of the House
of Delegates to the bill, including the House of Delegates
amendment to the title.
Respectfully submitted,
Brooks F. McCabe, Jr., Chair, Robert H. Plymale, Karen L.
Facemyer, Conferees on the part of the Senate.
Thomas W. Campbell, Chair, Charlene Marshall, William
Anderson, Conferees on the part of the House of Delegates.
On motions of Senator McCabe, severally made, the report of
the committee of conference was taken up for immediate
consideration and adopted.
Engrossed Senate Bill No. 611, as amended by the conference
report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were:
Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D.
Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale,
Snyder, Stollings, Unger, Wells, White, Yost and Tomblin (Mr.
President)--30.
The nays were: Prezioso, Sypolt and Williams--3.
Absent: Oliverio--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 611) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Snyder, Stollings, Unger,
Wells, White, Yost and Tomblin (Mr. President)--30.
The nays were: Prezioso, Sypolt and Williams--3.
Absent: Oliverio--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 611) 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. Com. Sub. for House Bill No. 2663, Expanding the power of
municipal parking authority officers.
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. 4018, Establishing that
possession of a mixture or preparation intended for human
consumption containing salvia divinorum is unlawful.
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. 4034, Authorizing any
municipality to enact by ordinance a vacant property registration
program.
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. 4039, Increasing the number
of persons that may be appointed to the Marshall County Park and
Recreation Board.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4138, Relating to the practice of medical
imaging and radiation therapy.
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. 4172, Authorizing the
Division of Motor Vehicles to issue special license plates for
members of certain organizations upon approval of the commissioner.
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. 4194, Codifying the Division
of Criminal Justice Services being incorporated into the Department
of Military Affairs and Public Safety.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, unanimous consent being
granted, the bill was advanced to third reading with the unreported
Government Organization committee amendment pending and the right
for further amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 4207, Making it unlawful to
send obscene, anonymous, harassing and threatening communications
by computer, mobile phone, personal digital assistant or other
mobile device.
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:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §61-3C-14a of the Code of West Virginia, 1931, as
amended, be amended and reenacted; and that §61-8-16 of said code
be amended and reenacted, all to read as follows:
ARTICLE 3C. WEST VIRGINIA COMPUTER AND MOBILE DEVICES CRIME AND
ABUSE ACT.
§61-3C-14a. Obscene, anonymous, harassing and threatening
communications by computer and mobile devices;
penalty.
(a) It is unlawful for any person, with the intent to harass
or abuse another person to use a computer, mobile phone, personal
digital assistant or other mobile device to:
(1) Make contact with another without disclosing his or her
identity with the intent to harass or abuse;
(2) Make contact with a person after being requested by the
person to desist from contacting them;
(3) Threaten to commit a crime against any person or property;
or
(4) Cause obscene material to be delivered or transmitted to
a specific person after being requested to desist from sending such
material.; or
(5) Cause software, spyware, virus, trojan or similar program
to be installed in the mobile phone, personal digital assistant or
other mobile device of another person without that person's
knowledge or consent which program allows or causes transmission of voice or non-voice content, conversation, text message, electronic
mail or the location of the non-consenting person's computer,
mobile phone or digital assistant or other mobile device at any
particular time. The provisions on the paragraph do not apply to
global positioning system software installed in mobile devices by
the devices manufacture.
(b) (1) For purposes of this section, the "use of a computer,
mobile phone, personal digital assistant or other mobile device"
includes, but is not limited to, the transmission of text messages,
electronic mail, photographs, videos, images or other non-voice
data by means of a computerized communication system, and includes
the transmission of such data to another's computer, e-mail
account, mobile phone, personal digital assistant or other mobile
device.
(2) For purposes of this section, "obscene material" means
material that:
(A) An average person, applying contemporary adult community
standards, would find, taken as a whole, appeals to the prurient
interest, is intended to appeal to the prurient interest, or is
pandered to a prurient interest;
(B) An average person, applying contemporary adult community
standards, would find, depicts or describes, in a patently
offensive way, sexually explicit conduct consisting of an ultimate
sexual act, normal or perverted, actual or simulated, an excretory function, masturbation, lewd exhibition of the genitals or
sadomasochistic sexual abuse; and
(C) A reasonable person would find, taken as a whole, lacks
literary, artistic, political or scientific value.
(b) (c) It is unlawful for any person to knowingly permit a
computer, mobile phone or personal digital assistant or other
mobile device under his or her control to be used for any purpose
prohibited by this section.
(c) (d) Any offense committed under this section may be
determined to have occurred at the place at which the contact
originated or the place at which the contact was received or
intended to be received.
(d) (e) Any person who violates a provision of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $500 or confined in a county or regional jail
not more than six months, or both fined and confined. For a second
or subsequent offense, the person is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than $1,000 or
confined in a county or regional jail for not more than one year,
or both fined and confined. For a third or subsequent offense, the
person is guilty of a felony and, upon conviction thereof, shall be
fined not more than $5,000 or confined in a state correctional
facility for not more than two years, or both fined and confined.
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-16. Obscene, anonymous, harassing, repeated and threatening
telephone calls; penalty.
(a) It shall be unlawful for any person with intent to harass
or abuse another by means of telephone to:
(1) Make any comment, request, suggestion or proposal which is
obscene; or
(2) Make a telephone call, whether or not conversation ensues,
without disclosing his identity and with intent to harass any
person at the called number; or
(3) Make or cause the telephone of another repeatedly or
continuously to ring, with intent to harass any person at the
called number; or
(4) Make repeated telephone calls, during which conversation
ensues, with intent to harass any person at the called number; or
(5) Threaten to commit a crime against any person or property.
(b) It shall be unlawful for any person to knowingly permit
any telephone under his control to be used for any purpose
prohibited by this section.
(c) Any offense committed under this section may be deemed to
have occurred at the place at which the telephone call was made, or
the place at which the telephone call was received.
(d) Any person who violates any provision of this section
shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not more than five hundred dollars, or imprisoned confined in the county a jail not more than six months, or both
fined and imprisoned confined.
On motion of Senator Kessler, the following amendment to the
Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B.
No. 4207) was reported by the Clerk and adopted:
On page two, section fourteen-a, lines three through twelve,
by striking out all of subdivision (5) and inserting in lieu
thereof a new subdivision (5), to read as follows:
(5) Cause software, spyware, a virus, a trojan or similar
programs to be installed in the mobile phone, personal digital
assistant or other mobile device of another person without that
person's knowledge and consent which program allows or causes
transmission of voice or non-voice content, conversation, text
message, electronic mail or the location of the non-consenting
person's computer, mobile phone or digital assistant or other
mobile device at any particular time. The provisions of this
subdivision do not apply to:
(A) Global positioning system software installed in mobile
devices by the device's manufacturer, or
(B) Installation, modification or maintenance of software or
programs by a telecommunications service provider on a mobile,
personal digital assistant, or other mobile device owned or leased
by its customer.
The question now being on the adoption of the Judiciary committee amendment to the bill, as amended, the same was put and
prevailed.
The bill
(Eng. Com. Sub. for H. B. No. 4207)
, as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4273, Relating to
professional employer organizations.
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 46A. PROFESSIONAL EMPLOYER ORGANIZATIONS.
§33-46A-4a. Operation of a PEO without a license; enforcement;
penalties; fraud unit may investigate.
(a)
Any person who operates a PEO without a license issued in
accordance with this article is subject to the all of the
injunctive, criminal, civil and administrative relief and criminal
penalties as provided in article forty-four of this chapter for the
unauthorized transaction of insurance.
(b) In addition to the other investigative authority granted
to the commissioner in this chapter, the insurance fraud unit
created pursuant to the provisions of section eight, article
forty-one of this chapter may investigate suspected violations of this article.
The bill (Eng. Com. Sub. for H. B. No. 4273), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D.
Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4273) was then read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4273) passed.
At the request of Senator Minard, as chair of the Committee on
Banking and Insurance, and by unanimous consent, the unreported
Banking and Insurance committee amendment to the title of the bill
was withdrawn.
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. 4273--A Bill to
amend the
Code of West Virginia, 1931, as amended by adding thereto a new
section, designated §33-46A-4a, all relating to professional
employer organizations; providing that a professional employer
organization operating without a license is subject to the same
enforcement provisions and criminal penalties as unauthorized
insurers; and authorizing insurance fraud unit to conduct
investigations.
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. 4285, Relating to the
licensing of residential mortgage brokers, lenders and loan
originators by the Division of Banking.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4373, Eliminating the twelve-month
look-back period for certain children who have had employer
sponsored insurance.
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. 4504, Adopting the Uniform
State Military Code of Justice into West Virginia law.
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. 4557, Reviewing all of the
Department of Health and Human Resources requests for proposals or
change orders valued at over $500,000 prior to their release.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4559, Relating to the requirements to be
certified as a registered forester.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4589, Conforming article three of chapter
three of the Code of West Virginia, to the requirements of the
Military and Overseas Voter Empowerment Act of 2009.
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 3. VOTING BY ABSENTEES.
§3-3-2. Authority to conduct absentee voting; absentee voting
application; form.
(a) Absentee voting is to be supervised and conducted by the
proper official for the political division in which the election is
held, in conjunction with the ballot commissioners appointed from
each political party, as follows:
(1) For any election held throughout the county, within a
political subdivision or territory other than a municipality, or
within a municipality when the municipal election is conducted in
conjunction with a county election, the clerk of the county
commission; or
(2) The municipal recorder or other officer authorized by
charter or ordinance provisions to conduct absentee voting, for any
election held entirely within the municipality, or in the case of
annexation elections, within the area affected. The terms "clerk"
or "clerk of the county commission" or "official designated to
supervise and conduct absentee voting" used elsewhere in this
article means municipal recorder or other officer in the case of
municipal elections.
(b) A person authorized and desiring to vote a mail-in absentee ballot in any primary, general or special election is to
make application in writing in the proper form to the proper
official as follows:
(1) The completed application is to be on a form prescribed by
the Secretary of State and is to contain the name, date of birth
and political affiliation of the voter, residence address within
the county, the address to which the ballot is to be mailed, the
authorized reason, if any, for which the absentee ballot is
requested and, if the reason is illness or hospitalization, the
name and telephone number of the attending physician, the signature
of the voter to a declaration made under the penalties for false
swearing as provided in section three, article nine of this chapter
that the statements and declarations contained in the application
are true, any additional information which the voter is required to
supply, any affidavit which may be required and an indication as to
whether it is an application for voting in person or by mail; or
(2) For any person authorized to vote an absentee ballot under
the provisions of 42 U. S. C. §1973, et seq., the Uniformed and
Overseas Citizens Absentee Voting Act of 1986, the completed
application may be on the federal postcard application for absentee
ballot form issued under authority of that act, submitted by mail
or electronically; or
(3) For any person unable to obtain the official form for
absentee balloting at a reasonable time before the deadline for an application for an absentee ballot by mail is to be received by the
proper official, the completed application may be in a form set out
by the voter, provided all information required to meet the
provisions of this article is set forth and the application is
signed by the voter requesting the ballot.
§3-3-2b. Special absentee voting list.
(a) Any person who is registered and otherwise qualified to
vote and who is permanently and totally physically disabled and who
is unable to vote in person at the polls in an election may apply
to the official designated to supervise and conduct absentee voting
for placement on the special absentee voting list.
(b) The application is to be on a form prescribed by the
Secretary of State which is to include the voter's name and
signature, residence address, a statement that the voter is
permanently and totally physically disabled and would be unable to
vote in person at the polls in any election, a description of the
nature of that disability, and a statement signed by a physician to
that effect.
(c) Upon receipt of a properly completed application, the
official designated to supervise and conduct absentee voting shall
enter the name on the special absentee voting list, which is to be
maintained in a secure and permanent record. The person's name
will remain active on the list until: (1) The person requests in
writing that his or her name be removed; (2) the person removes his or her residence from the county, is purged from the voter
registration books or otherwise becomes ineligible to vote; (3) a
ballot mailed to the address provided on the application is
returned undeliverable by the United States postal service; or (4)
the death of the person.
(d) The official designated to supervise and conduct absentee
voting shall mail an application for an absentee ballot by mail to
each person active on the special absentee voting list not later
than forty-two forty-six days before each election.
§3-3-5. Voting an absentee ballot by mail or electronically;
penalties.
(a) Upon oral or written request, the official designated to
supervise and conduct absentee voting shall provide to any voter of
the county, in person, by mail, by electronic mail or by facsimile
or electronically the appropriate application for voting absentee
by mail as provided in this article. The voter shall complete and
sign the application in his or her own handwriting or, if the voter
is unable to complete the application because of illiteracy or
physical disability, the person assisting the voter and witnessing
the mark of the voter shall sign his or her name in the space
provided.
(b) Completed applications for voting an absentee ballot by
mail are to be accepted when received by the official designated to
supervise and conduct absentee voting in person, by mail, by electronic mail or by facsimile or electronically within the
following times:
(1) For persons eligible to vote an absentee ballot under the
provisions of subdivision (3), subsection (b), section one of this
article, relating to absent uniformed services and overseas voters,
not earlier than January 1 of an election year or eighty-four days
preceding the election, whichever is earlier, and not later than
the sixth day preceding the election, which application is to, upon
the voter's request, be accepted as an application for the ballots
for all elections in the calendar year; and
(2) For all other persons eligible to vote an absentee ballot
by mail, not earlier than eighty-four days preceding the election
and not later than the sixth day preceding the election.
(c) Upon acceptance of a completed application, the official
designated to supervise and conduct absentee voting shall determine
whether the following requirements have been met:
(1) The application has been completed as required by law;
(2) The applicant is duly registered to vote in the precinct
of his or her residence and, in a primary election, is qualified to
vote the ballot of the political party requested;
(3) The applicant is authorized for the reasons given in the
application to vote an absentee ballot by mail;
(4) The address to which the ballot is to be mailed is an
address outside the county if the voter is applying to vote by mail under the provisions of paragraph (A) or (B), subdivision (2),
subsection (b), section one of this article; or subdivision (3) or
(4) of said subsection;
(5) The applicant is not making his or her first vote after
having registered by postcard registration or, if the applicant is
making his or her first vote after having registered by postcard
registration, the applicant is exempt from these requirements; and
(6) No regular and repeated pattern of applications for an
absentee ballot by mail for the reason of being out of the county
during the entire period of voting in person exists to suggest that
the applicant is no longer a resident of the county.
(d) If the official designated to supervise and conduct
absentee voting determines that the required conditions have been
met, two representatives that are registered to vote with different
political party affiliations shall sign their names in the places
indicated on the back of the official ballot. If the official
designated to supervise and conduct absentee voting determines the
required conditions have not been met, or has evidence that any of
the information contained in the application is not true, the
official shall give notice to the voter that the voter's absentee
ballot will be challenged as provided in this article and shall
enter that challenge.
(e) (1) Within one day after the official designated to
supervise and conduct absentee voting has both the completed application and the ballot, the official shall mail to the voter at
the address given on the application the following items as
required and as prescribed by the Secretary of State:
(A) One of each type of official absentee ballot the voter is
eligible to vote, prepared according to law;
(B) One envelope, unsealed, which may have no marks except the
designation "Absent Voter's Ballot Envelope No. 1" and printed
instructions to the voter;
(C) One postage paid envelope, unsealed, designated "Absent
Voter's Ballot Envelope No. 2";
(D) Instructions for voting absentee by mail;
(E) For electronic systems, a device for marking by
electronically sensible pen or ink, as may be appropriate;
(F) Notice that a list of write-in candidates is available
upon request; and
(G) Any other supplies required for voting in the particular
voting system.
(2) If the voter is an absent uniformed services voter or
overseas voter, as defined by 42 U. S. C. §1973, et seq., the
official designated to supervise and conduct absentee voting may
voluntarily upon request of the voter shall transmit the ballot to
the voter via facsimile or by electronic mail, or electronically
as requested by the voter. If the voter does not designate a
preference for transmittal, the clerk may select either method of transmittal for the ballot. If the ballot is transmitted by
facsimile or by electronic mail electronically pursuant to this
subdivision, the official designated to supervise and conduct
absentee voting shall also transmit via facsimile or by electronic
mail electronically:
(A) A waiver of privacy form, to be promulgated by the
Secretary of State;
(B) Instructions for voting absentee utilizing the Federal
Voting Assistance Program Electronic Transmission System. For the
purposes of this subsection, the "Federal Voting Assistance Program
Electronic Transmission System" is the system established by the
Department of Defense for the explicit purpose of sending and
receiving absentee ballots by military and overseas United States
citizens a federally approved system for voting by mail or
electronically;
(C) Notice that a list of write-in candidates is available
upon request.; and
The official designated to supervise and conduct absentee
voting is not required to mail to the voter the materials listed in
paragraphs (B), (C) and (E), subdivision (1) of this subsection.
(D) Statement of the voter affirming the voter's current name
and address and whether or not he or she received assistance in
voting.
(f) The voter shall mark the ballot alone: Provided, That the voter may have assistance in voting according to the provisions of
section six of this article.
(1) After the voter has voted the ballot or ballots to be
returned by mail, the voter shall:
(A) Place the ballot or ballots in envelope no. 1 and seal
that envelope;
(B) Place the sealed envelope no. 1 in envelope no. 2 and seal
that envelope;
(C) Complete and sign the forms on envelope no. 2; and
(D) Return that envelope to the official designated to
supervise and conduct absentee voting.
(2) If the ballot was transmitted via facsimile or by
electronic mail electronically as provided in subdivision (2),
subsection (e) of this section, the voter shall return the ballot
in the same manner the ballot was received, except that or the
voter may return the ballot by United States mail, along with a
signed privacy waiver form.
(g) Except as provided in subsection (h) of this section,
absentee ballots returned by United States mail or other express
shipping service are to be accepted if:
(1) The ballot is received by the official designated to
supervise and conduct absentee voting no later than the day after
the election; or
(2) The ballot bears a postmark of the United States Postal Service dated no later than election day and the ballot is received
by the official designated to supervise and conduct absentee voting
no later than the hour at which the board of canvassers convenes to
begin the canvass.
(h) Absentee ballots received through the United States mail
from persons eligible to vote an absentee ballot under the
provisions of subdivision (3), subsection (b), section one of this
article, relating to uniform services and overseas voters, are to
be accepted if the ballot is received by the official designated to
supervise and conduct absentee voting no later than the hour at
which the board of canvassers convenes to begin the canvass.
(i) Ballots transmitted via facsimile or by electronic mail
Voted ballots submitted electronically pursuant to subdivision (2),
subsection (f) of this section are to be accepted if the ballot is
received by the official designated to supervise and conduct
absentee voting no later than the close of polls on election day:
Provided, That the Secretary of State's office shall enter into an
agreement with the Federal Voting Assistance Program of the United
States Department of Defense to transmit the ballots to the county
clerks at a time when two individuals of opposite political parties
are available to process the received ballots.
(j) Ballots received after the proper time which cannot be
accepted are to be placed unopened in an envelope marked for the
purpose and kept secure for twenty-two months following the election, after which time they are to be destroyed without being
opened.
(k) Absentee ballots which are hand delivered are to be
accepted if they are received by the official designated to
supervise and conduct absentee voting no later than the day
preceding the election: Provided, That no person may hand deliver
more than two absentee ballots in any election and any person hand
delivering an absentee ballot is required to certify that he or she
has not examined or altered the ballot. Any person who makes a
false certification violates the provisions of article nine of this
chapter and is subject to those provisions.
(l) Upon receipt of the sealed envelope, the official
designated to supervise and conduct absentee voting shall:
(1) Enter onto the envelope any other required information;
(2) Enter the challenge, if any, to the ballot;
(3) Enter the required information into the permanent record
of persons applying for and voting an absentee ballot in person;
and
(4) Place the sealed envelope into a ballot box that is
secured by two locks with a key to one lock kept by the president
of the county commission and a key to the other lock kept by the
county clerk.
(m) Upon receipt of a ballot submitted via facsimile or by
electronic mail electronically pursuant to subdivision (2), subsection (f) of this section, the official designated to
supervise and conduct absentee voting shall place the ballot in an
envelope marked "Absentee by Facsimile or by Electronic Mail
Electronic Means" with the completed waiver: Provided, That no
ballots are to be processed without the presence of two individuals
of opposite political parties.
(n) All ballots received by facsimile or by electronic mail
electronically prior to the close of the polls on election day are
to be tabulated in the manner prescribed for tabulating absentee
ballots submitted by mail to the extent that those procedures are
appropriate for the applicable voting system. The clerk of the
county commission shall keep a record of absentee ballots sent and
received by facsimile or by electronic mail electronically.
§3-3-11. Preparation, number and handling of absent voters'
ballots.
(a) Absent voters' ballots are to be in all respects like
other ballots. Not less than seventy days before the date on which
any primary, general or special election is to be held, unless a
lesser number of days is provided in any specific election law in
which case the lesser number of days applies, the clerks of the
county commissions of the several counties shall estimate and
determine the number of absent voters' ballots of all kinds which
will be required in their respective counties for that election.
The ballots for the election of all officers, or the ratification, acceptance or rejection of any measure, proposition or other public
question to be voted on by the voters, are to be prepared and
printed under the direction of the board of ballot commissioners
constituted as provided in article one of this chapter. The
several county boards of ballot commissioners shall prepare and
have printed, in the number they may determine, absent voters'
ballots that are to be printed under their directions as provided
in this chapter and those ballots are to be delivered to the clerk
of the county commission of the county not less than forty-two
forty-six days before the day of the election at which they are to
be used.
(b) The official designated to supervise and conduct absentee
voting shall be responsible for the mailing, transmitting,
receiving, delivering and otherwise handling of all absent voters'
ballots. He or she shall keep a record, as may be prescribed by
the Secretary of State, of all ballots delivered for the purpose of
absentee voting, as well as all ballots, if any, marked before him
or her and shall deliver to the commissioner of election a
certificate stating the number of ballots delivered, transmitted,
or mailed to absent voters and those marked before him or her, if
any, and the names of the voters to whom those ballots have been
delivered, transmitted, or mailed or by whom they have been marked,
if marked before him or her.
ARTICLE 4. VOTING MACHINES.
§3-4-10. Ballot labels, instructions and other supplies; vacancy
changes; procedure and requirements.
(a) The ballot commissioners of any county in which voting
machines are to be used in any election shall cause to be printed
for use in the election the ballot labels for the voting machines
and paper ballots for absentee voting, voting by persons unable to
use the voting machine and provisional ballots or if an electronic
voting system or direct recording election equipment is to be used
in an election, the ballot commissioners shall comply with
requirements of section eleven, article four-a of this chapter.
The labels shall be clearly printed in black ink on clear white
material in a size that will fit the ballot frames. The paper
ballots shall be printed in compliance with the provisions of this
chapter governing paper ballots.
(b) The heading, the names and arrangement of offices and the
printing and arrangement of names of the candidates for each office
indicated must be placed on the ballot for the primary election as
nearly as possible according to the provisions of sections thirteen
and thirteen-a, article five of this chapter and for the general
election according to the provisions of section two, article six of
this chapter: Provided, That the staggering of the names of
candidates in multicandidate races and the instructions to straight
ticket voters prescribed by section two, article six of this
chapter shall appear on paper ballots but shall not appear on ballot labels for voting machines which mechanically control
crossover voting.
(c) Each question to be voted on must be placed at the end of
the ballot and must be printed according to the provisions of the
laws and rules governing the question.
(d) The ballot labels printed must total in number one and
one-half times the total number of corresponding voting machines to
be used in the several precincts of the county in the election.
All the labels must be delivered to the clerk of the county
commission at least twenty-eight days prior to the day of the
election. The clerk of the county commission shall determine the
number of paper ballots needed for absentee voting and to supply
the precincts for provisional ballots and ballots to be cast by
persons unable to use the voting machine. All required paper
ballots shall be delivered to the clerk of the county commission at
least forty-two forty-six days prior to the day of the election.
(e) When the ballot labels and absentee ballots are delivered,
the clerk of the county commission shall examine them for accuracy,
assure that the appropriate ballots and ballot labels are
designated for each voting precinct and insert one set in each
machine prior to the inspection of the machines as prescribed in
section twelve of this article. The remainder of the ballot labels
for each machine shall be retained by the clerk of the county
commission for use in an emergency.
(f) In addition to all other equipment and supplies required
by the provisions of this article, the ballot commissioners shall
cause to be printed a supply of instruction cards, sample ballots
and facsimile diagrams of the voting machine ballot adequate for
the orderly conduct of the election in each precinct in their
county. In addition, they shall provide appropriate facilities for
the reception and safekeeping of the ballots of absent voters and
of challenged voters and of the "independent" voters who shall, in
primary elections, cast their votes on nonpartisan candidates and
public questions submitted to the voters.
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-13. Form and contents of ballots.
The face of every primary election ballot shall conform as
nearly as practicable to that used at the general election.
(1) The heading of every ballot is to be printed in display
type. The heading is to contain a ballot title, the name of the
county, the state, the words "Primary Election" and the month, day
and year of the election. The ballot title of the political party
ballots is to contain the words "Official Ballot of the (Name)
Party" and the official symbol of the political party may be
included in the heading. The ballot title of any separate paper
ballot or portion of any electronic or voting machine ballot for
the Board of Education is to contain the words "Nonpartisan Ballot
of Election of Members of the ______________ County Board of Education". The districts for which less than two candidates may
be elected and the number of available seats are to be specified
and the names of the candidates are to be printed without reference
to political party affiliation and without designation as to a
particular term of office. Any other ballot or portion of a ballot
on a question is to have a heading which clearly states the purpose
of the election according to the statutory requirements for that
question.
(2) (A) For paper ballots, the heading of the ballot is to be
separated from the rest of the ballot by heavy lines and the
offices shall be arranged in columns with the following headings,
from left to right across the ballot: "National Ticket", "State
Ticket", "County Ticket" and, in a presidential election year,
"National Convention" or, in a nonpresidential election year,
"District Ticket". The columns are to be separated by heavy lines.
Within the columns, the offices are to be arranged in the order
prescribed in section thirteen-a of this article.
(B) For voting machines, electronic voting devices and any
ballot tabulated by electronic means, the offices are to appear in
the same sequence as prescribed in section thirteen-a of this
article and under the same headings as prescribed in subsection (a)
of this section. The number of pages, columns or rows, where
applicable, may be modified to meet the limitations of ballot size
and composition requirements subject to approval by the Secretary of State.
(C) The title of each office is to be separated from preceding
offices or candidates by a line and is to be printed in bold type
no smaller than eight point. Below the office is to be printed the
number of the district, if any, the number of the division, if any,
and the words "Vote for ________" with the number to be nominated
or elected or "Vote For Not More Than ________" in multicandidate
elections. For offices in which there are limitations relating to
the number of candidates which may be nominated, elected or
appointed to or hold office at one time from a political
subdivision within the district or county in which they are
elected, there is to be a clear explanation of the limitation, as
prescribed by the Secretary of State, printed in bold type
immediately preceding the names of the candidates for those offices
on the ballot in every voting system. For counties in which the
number of county commissioners exceeds three and the total number
of members of the county commission is equal to the number of
magisterial districts within the county, the office of county
commission is to be listed separately for each district to be
filled with the name of the magisterial district and the words
"Vote for One" printed below the name of the office: Provided,
That the office title and applicable instructions may span the
width of the ballot so as it is centered among the respective
columns.
(D) The location for indicating the voter's choices on the
ballot is to be clearly shown. For paper ballots, other than those
tabulated electronically, the official primary ballot is to contain
a square formed in dark lines at the left of each name on the
ballot, arranged in a perpendicular column of squares before each
column of names.
(3) (A) The name of every candidate certified by the Secretary
of State or the board of ballot commissioners is to be printed in
capital letters in no smaller than eight point type on the ballot
for the appropriate precincts. Subject to the rules promulgated by
the Secretary of State, the name of each candidate is to appear in
the form set out by the candidate on the certificate of
announcement, but in no case may the name misrepresent the identity
of the candidate nor may the name include any title, position,
rank, degree or nickname implying or inferring any status as a
member of a class or group or affiliation with any system of
belief.
(B) The city of residence of every candidate, the state of
residence of every candidate residing outside the state, the county
of residence of every candidate for an office on the ballot in more
than one county and the magisterial district of residence of every
candidate for an office subject to magisterial district limitations
are to be printed in lower case letters beneath the names of the
candidates.
(C) The arrangement of names within each office must be
determined as prescribed in section thirteen-a of this article.
(D) If the number of candidates for an office exceeds the
space available on a column or ballot page and requires that
candidates for a single office be separated, to the extent
possible, the number of candidates for the office on separate
columns or pages are to be nearly equal and clear instructions
given the voter that the candidates for the office are continued on
the following column or page.
(4) When an insufficient number of candidates has filed for a
party to make the number of nominations allowed for the office or
for the voters to elect sufficient members to the board of
Education or to executive committees, the vacant positions on the
ballot shall be filled with the words "No Candidate Filed":
Provided, That in paper ballot systems which allow for write-ins to
be made directly on the ballot, a blank line shall be placed in any
vacant position in the office of board of education or for election
to any party executive committee. A line shall separate each
candidate from every other candidate for the same office.
Notwithstanding any other provision of this code, if there are
multiple vacant positions on a ballot for one office, the multiple
vacant positions which would otherwise be filled with the words "No
Candidate Filed" may be replaced with a brief detailed description,
approved by the Secretary of State, indicating that there are no candidates listed for the vacant positions.
(5) In presidential election years, the words "For election in
accordance with the plan adopted by the party and filed with the
Secretary of State" is to be printed following the names of all
candidates for delegate to national convention.
(6) All paper ballots are to be printed in black ink on paper
sufficiently thick so that the printing or marking cannot be
discernible from the back: Provided, That no paper ballot voted
pursuant to the provisions of 42 U.S.C. §1973, et seq., the
Uniformed and Overseas Citizens Absentee Voting Act of 1986, or
Federal write-in absentee ballot may be rejected due to paper type,
envelope type, or notarization requirement. Ballot cards and paper
for printing ballots using electronically sensible ink are to meet
minimum requirements of the tabulating systems and are to conform
in size and weight to ensure ease in tabulation.
(7) Ballots are to contain perforated tabs at the top of the
ballots and are to be printed with unique sequential numbers from
one to the highest number representing the total number of ballots
printed. On paper ballots, the ballot is to be bordered by a solid
line at least one sixteenth of an inch wide and the ballot is to be
trimmed to within one-half inch of that border.
(8) On the back of every official ballot or ballot card the
words "Official Ballot" with the name of the county and the date of
the election are to be printed. Beneath the date of the election there are to be two blank lines followed by the words "Poll
Clerks".
(9) The face of sample paper ballots and sample ballot labels
are to be like other official ballots or ballot labels except that
the word "sample" is to be prominently printed across the front of
the ballot in a manner that ensures the names of candidates are not
obscured and the word "sample" may be printed in red ink. No
printing may be placed on the back of the sample.
The bill (Eng. H. B. No. 4589), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D.
Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. H. B. No. 4589) was then
read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4589) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 4589) 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. 4615, Authorizing political
subdivisions to establish risk pools to insure their workers'
compensation risks.
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. 4630, Relating to refunding
of appraisal fees.
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. 4652, Establishing a school
calendar committee for each county.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators Wells, Plymale and Edgell, the
following amendment to the bill was reported by the Clerk and
adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-45a. County school calendar committee; county-wide vote;
implementation in districts served by a multi-
county career and technical education center.
(a) The county superintendent of each county shall create one
county school calendar committee. The committee shall develop multiple school calendar options for presentation to all employees
of the county board for vote. All calendars presented to the
employees for selection shall comply with all applicable sections
of this code, including but not limited to, section forty-five of
this article.
(b) Each county school calendar committee shall consist of at
least seven and no more than eleven members. The committee shall
be comprised of teachers, service personnel, administrators, and
two designees chosen by the county superintendent, at least one of
whom shall be a parent, guardian or custodian of a student enrolled
in the district. The county board employee membership of the
committee shall be proportionally representative of the number of
county board employees in each job category represented on the
committee. Except for the designees chosen by the county
superintendent, members of the committee shall be determined by
election in accordance with the following:
(1) The county superintendent shall determine the number of
member teachers, administrators and service personnel necessary for
proportional representation of those respective classes of
employment in the county;
(2) The county superintendent shall solicit nominations of
teachers and administrators to serve on the committee from the
faculty senates of the schools of the county and of service
personnel to serve on the committee from the service personnel of the county;
(3) Teachers are eligible to vote for the nominated teachers
to fill the teacher positions on the committee, administrators are
eligible to vote for the nominated administrators to fill the
administrator positions on the committee and service personnel are
eligible to vote for the nominated service personnel to fill the
service personnel positions on the committee; and
(4) The superintendent shall prepare and distribute the
ballots and tabulate the votes for membership in the same manner he
or she prepares and distributes the ballots and tabulates the votes
for professional staff development councils and service personnel
staff development councils pursuant to sections eight and nine,
article three, chapter eighteen-a of this code.
(c) The county school calendar committee shall generate at
least three calendar options for presentation to the employees of
the county board for a county-wide vote. The election shall be
administered by the county superintendent. The county
superintendent shall provide a reasonable time period for each
employee to have the opportunity to vote, and shall establish a
clearly stated deadline for the return of the ballots. Voting
shall be conducted by a secret ballot election, and is optional to
each employee. At least two representatives from the committee
shall oversee the counting of returned votes. The calendar option
that receives the highest number of votes returned to the county superintendent is the calendar option selected by the employees in
the district, except as provided in subsection (e) of this section
for the votes of districts served by the same multi-county career
and technical education center.
(d) If the county board or the state board rejects a calendar
selected by the employees in the district, the county school
calendar committee shall generate new calendar options for
consideration of the employees and the process set forth in this
section shall continue until a selected school calendar is approved
by the county board and the state board. The county board shall
approve a school calendar prior to June 1 of each year. If the
state board has delegated approval of school calendars to the state
superintendent pursuant to section forty-five of this article, the
reference in this subsection to the state board rejection and
approval of a school calendar means the state superintendent's
rejection and approval of a school calendar.
(e) For districts that are served by a multi-county career and
technical education center and need to adopt a school calendar that
is uniform to the school calendars of the other districts being
served by the same multi-county career and technical education
center, all of the provisions of this section apply, subject to the
following:
(1) All of the county school calendar committees of the
districts that are served by the same multi-county career and technical education center shall collaborate in generating the
required minimum three calendar options;
(2) The calendar options presented to the employees of a
county board of a district served by a multi-county career and
technical education center for a vote shall be identical to the
calendar options presented to the employees of the other county
boards of districts served by the same multi-county career and
technical education center; and
(3) The county superintendents of the districts served by the
same multi-county career and technical education center shall add
the vote totals for each calendar option from each of the districts
and the calendar option that receives the highest number of the
combined votes
is the calendar option selected by the employees in
all of those districts served by the same multi-county career and
technical education center.
The bill (Eng. Com. Sub. for H. B. No. 4652), as amended, was
then ordered to third reading.
The Senate proceeded to the tenth order of business.
Eng. Com. Sub. for House Bill No. 4134, Removing non-utilized
code sections.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D.
Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (Eng. Com. Sub. for H. B. No. 4134) was then 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:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 8. CAPITOL BUILDING COMMISSION.
§1. Repeal of section relating to the sunset review of the West
Virginia Capitol Building Commission.
That §4-8-6 of the Code of West Virginia, 1931, as amended, be
repealed.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 1D. GOVERNOR'S OFFICE OF FISCAL RISK ANALYSIS AND
MANAGEMENT.
§1 Repeal of section relating to the sunset review of the
Governor's Office of Fiscal Risk Analysis and Management.
That §5-1D-11 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.
§1 Repeal of section relating to the sunset review of the West
Virginia Consolidated Public Retirement Board.
That §5-10D-8 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 11. HUMAN RIGHTS COMMISSION.
§1 Repeal of section relating to the sunset review of the Human
Rights Commission.
That §5-11-21 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 14. WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD-OF-
HEARING.
§1 Repeal of section relating to the sunset review of the
West
Virginia Commission for the Deaf and Hard of Hearing.
That §5-14-12 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§1 Repeal of section relating to the sunset review of the Public
Employees Insurance Agency Finance Board.
That §5-16-4a of the Code of West Virginia, 1931, as amended,
be repealed.
§2 Repeal of section relating to the sunset review of the Public
Employees Insurance Agency.
That §5-16-27 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 16B. WEST VIRGINIA CHILDREN'S HEALTH INSURANCE PROGRAM.
§1 Repeal of section relating to the sunset review of the
Children's Health Insurance Board
.
That §5-16B-4a of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 16C. PRESCRIPTION DRUG COST MANAGEMENT ACT.
§1 Repeal of section relating to the sunset review of the
Prescription Drug Cost Management Act.
That §5-16C-10 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 22A. DESIGN-BUILD PROCUREMENT ACT.
§1 Repeal of section relating to the sunset review of the
Design-
Build Board.
That §5-22A-15 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 26A. WEST VIRGINIA COMMISSION FOR NATIONAL AND COMMUNITY
SERVICE.
§1 Repeal of section relating to the sunset review of the West
Virginia Commission for National and Community Service.
That §5-26A-6 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 28. COMMISSION ON HOLOCAUST EDUCATION.
§1 Repeal of section relating to the sunset review of the West
Virginia Commission on Holocaust Education.
That §5-28-4 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 3. PURCHASING DIVISION.
§1 Repeal of section relating to the sunset review of the Division
of Purchasing.
That §5A-3-57 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.
§1 Repeal of section relating to the sunset review of the Records
Management and Preservation Board.
That §5A-8-15a of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 11. PUBLIC LAND CORPORATION.
§1 Repeal of section relating to the sunset review of the Public
Land Corporation.
That §5A-11-8 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 2. WEST VIRGINIA DEVELOPMENT OFFICE.
§1 Repeal of section relating to the sunset review of the Tourism
Commission.
That §5B-2-13 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 2A. OFFICE OF COALFIELD COMMUNITY DEVELOPMENT.
§1 Repeal of section relating to the sunset review of the Office of
Coalfield Community Development.
That §5B-2A-13 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 2C. WEST VIRGINIA ACADEMY OF SCIENCE AND TECHNOLOGY.
§1 Repeal of section relating to the sunset review of the West
Virginia Academy of Science and Technology.
That §5B-2C-8 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
ARTICLE 2. WEST VIRGINIA CLEAN COAL TECHNOLOGY ACT.
§1 Repeal of section relating to the sunset review of the Council for Clean Coal Technology.
That §5C-2-6 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
ARTICLE 1. PUBLIC ENERGY AUTHORITY OF THE STATE OF WEST VIRGINIA.
§1 Repeal of section relating to the sunset review of the West
Virginia Public Energy Authority Board.
That §5D-1-24 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF
INTEREST; FINANCIAL DISCLOSURE.
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES;
DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC
OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC
AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW
JUDGES.
§1 Repeal of section relating to the sunset review of the West
Virginia Ethics Commission.
That §6B-2-11 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 6C. PUBLIC EMPLOYEES.
ARTICLE 3. WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD.
§1 Repeal of section relating to the sunset review of the West Virginia Public Employees Grievance Board.
That §6C-3-5 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 9A. VETERANS AFFAIRS.
ARTICLE 1. DIVISION OF VETERANS AFFAIRS.
§1. Repeal of section relating to the sunset review of the
Veterans' Council.
That §9A-1-2a of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC
ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN;
EDUCATIONAL BROADCASTING AUTHORITY.
ARTICLE 5. EDUCATIONAL BROADCASTING AUTHORITY.
§1 Repeal of section relating to the sunset review of the West
Virginia Educational Broadcasting Authority.
That §10-5-6 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 11. TAXATION.
ARTICLE 1. SUPERVISION.
§1 Repeal of section relating to the sunset review of the
Department of Tax and Revenue.
That §11-1-8 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 6. WEST VIRGINIA INVESTMENT MANAGEMENT BOARD.
§1 Repeal of section relating to the sunset review of the West
Virginia Investment Management Board.
That §12-6-20 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 6C. WEST VIRGINIA BOARD OF TREASURY INVESTMENTS.
§1 Repeal of section relating to the sunset review of the West
Virginia Board of Treasury Investments.
That §12-6C-20 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§1 Repeal of section relating to the sunset review of the West
Virginia State Police.
That §15-2-50 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 2D. DIVISION OF PROTECTIVE SERVICES.
§1 Repeal of section relating to the sunset review of the Division
of Protective Services.
That §15-2D-6 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 2E. STATE POLICE ACADEMY POST EXCHANGE.
§1 Repeal of section relating to the sunset review of the state
Police Academy Post Exchange.
That §15-2E-8 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§1 Repeal of section relating to the sunset review of the Office of
Health Facility Licensure and Certification.
That §16-1-13a of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 5P. SENIOR SERVICES.
§1 Repeal of section relating to the sunset review of the Bureau of
Senior Services.
That §16-5P-15 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 5Q. THE JAMES "TIGER" MORTON CATASTROPHIC ILLNESS FUND.
§1 Repeal of section relating to the sunset review of the James
"Tiger" Morton Catastrophic Illness Commission.
That §16-5Q-3 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 29B. HEALTH CARE AUTHORITY.
§1 Repeal of section relating to the sunset review of the Health
Care Authority.
That §16-29B-28 of the Code of West Virginia, 1931, as
amended, be repealed.
ARTICLE 41. ORAL HEALTH IMPROVEMENT ACT.
§1 Repeal of section relating to the sunset review of the Oral
Health Program.
That §16-41-7 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§1 Repeal of section relating to the sunset review of the Division
of Highways.
That §17-2A-1a of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 2. DIVISION OF MOTOR VEHICLES.
§1 Repeal of section relating to the sunset review of the Division
of Motor Vehicles.
That §17A-2-24 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS;
SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.
§1 Repeal of section relating to the sunset review of the Motor Vehicle Dealers Advisory Board.
That §17A-6-18b of the Code of West Virginia, 1931, as
amended, be repealed.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 1D. MOTORCYCLE SAFETY EDUCATION.
§1 Repeal of section relating to the sunset review of the
Motorcycle Safety Awareness Board.
That §17B-1D-10 of the Code of West Virginia, 1931, as
amended, be repealed.
CHAPTER 18. EDUCATION.
ARTICLE 2F. INCENTIVES AND RESULTS BASED SCHOLARSHIP PROGRAM.
§1 Repeal of section relating to the sunset review of the Share in
Your Future Commission.
That §18-2F-9 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§1 Repeal of section relating to the sunset review of the School
Building Authority.
That §18-9D-18 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 10C. THE SOUTHERN REGIONAL EDUCATION COMPACT.
§1 Repeal of section relating to the sunset review of West
Virginia's membership in the Southern Regional Education Compact.
That §18-10C-3 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 10L. RON YOST PERSONAL ASSISTANCE SERVICES ACT.
§1 Repeal of section relating to the sunset review of the Ron Yost
Personal Assistance Services Program.
That §18-10L-8 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 3A. CENTER FOR PROFESSIONAL DEVELOPMENT.
§1 Repeal of section relating to the sunset review of the Center
for Professional Development Board.
That §18A-3A-4 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 16. HEALTH CARE EDUCATION.
§1 Repeal of section relating to the sunset review of the Rural
Health Advisory Panel.
That §18B-16-6b of the Code of West Virginia, 1931, as
amended, be repealed.
CHAPTER 19. AGRICULTURE.
ARTICLE 1. DEPARTMENT OF AGRICULTURE.
§1 Repeal of section relating to the sunset review of the Marketing and Development Division of the Department of Agriculture.
That §19-1-3b of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 2B. INSPECTION OF MEAT AND POULTRY.
§1 Repeal of section relating to the sunset review of the Meat and
Poultry Inspection Program.
That §19-2B-1a of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 2F. BEEF INDUSTRY SELF-IMPROVEMENT ASSESSMENT PROGRAM.
§1 Repeal of section relating to the sunset review of the Beef
Industry Self-improvement Assessment Program.
That §19-2F-11 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 23. HORSE AND DOG RACING.
§1 Repeal of section relating to the sunset review of the Racing
Commission.
That §19-23-30 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§1 Repeal of section relating to the sunset review of the United
States Geological Survey Program within the Department of
Natural Resources.
That §20-1-18d of the Code of West Virginia, 1931, as amended,
be repealed.
§2 Repeal of section relating to the sunset review of the Division
of Natural Resources
.
That §20-1-21 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 2. WILDLIFE RESOURCES.
§1 Repeal of section relating to the sunset review of the
Whitewater Commission.
That §20-2-23f of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 5. PARKS AND RECREATION.
§1 Repeal of section relating to the sunset review of the Parks
Section of Division of Natural Resources.
That §20-5-20 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 21. LABOR.
ARTICLE 1. DIVISION OF LABOR.
§1 Repeal of section relating to the sunset review of the
Division
of Labor.
That §21-1-5 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 9. MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS.
§1 Repeal of section relating to the sunset review of the
West
Virginia Board of Manufactured Housing Construction and
Safety.
That §21-9-13 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.
§1 Repeal of section relating to the sunset review of the
West
Virginia Contractor Licensing Board.
That §21-11-19 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
ARTICLE 1. UNEMPLOYMENT COMPENSATION.
§1 Repeal of section relating to the sunset review of the
Division
of Unemployment Compensation.
That §21A-1-9 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 2. THE COMMISSIONER OF THE BUREAU OF EMPLOYMENT PROGRAMS.
§1 Repeal of section relating to the sunset review of the
authority
of Commissioner to administer unemployment compensation.
That §21A-2-9 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
§1 Repeal of section relating to the sunset review of the
Department of Environmental Protection.
That §22-1-4 of the Code of West Virginia, 1931, as amended,
be repealed.
§2 Repeal of section relating to the sunset review of the
Office of
Water Resources.
That §22-1-7a of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 3A. OFFICE OF EXPLOSIVES AND BLASTING.
§1 Repeal of section relating to the sunset review of the
Office of
Explosives and Blasting.
That §22-3A-11 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 15A. THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL
ACTION PLAN.
§1 Repeal of section relating to the sunset review of the
Waste
Tire Remediation Program.
That §22-15A-15 of the Code of West Virginia, 1931, as
amended, be repealed.
ARTICLE 20. ENVIRONMENTAL ADVOCATE.
§1 Repeal of section relating to the sunset review of the
Office of
Environmental Advocate.
That §22-20-2 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 25. ENVIRONMENTAL EXCELLENCE PROGRAM.
§1 Repeal of section relating to the sunset review of the
Environmental Excellence Program.
That §22-25-13 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
ARTICLE 3. ENVIRONMENTAL QUALITY BOARD.
§1 Repeal of section relating to the sunset review of the
Environmental Quality Board.
That §22B-3-5 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES,
COMMISSIONS AND COMPACTS.
ARTICLE 7. ENVIRONMENTAL RESOURCES.
§1 Repeal of section relating to the sunset review of the
Oil and
Gas Inspectors' Examining Board.
That §22C-7-4 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 9. OIL AND GAS CONSERVATION.
§1 Repeal of section relating to the sunset review of the
Oil and
Gas Conservation Commission.
That §22C-9-4a of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 11. INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN.
§1 Repeal of section relating to the sunset review of West
Virginia's membership in the Interstate Commission on the
Potomac River Basin
.
That §22C-11-6 of the Code of West Virginia, 1931, as
amended, be repealed.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 1. GENERAL PROVISIONS.
§1 Repeal of section relating to the sunset review of the Public
Service Commission.
That §24-1-10 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.
§1 Repeal of section relating to the sunset review of the Division
of Corrections.
That §25-1-2 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 1. DIVISION OF CULTURE AND HISTORY.
§1 Repeal of section relating to the sunset review of the Division
of Culture and History.
That §29-1-1b of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 1A. COMMISSION ON UNIFORM STATE LAWS.
§1 Repeal of section relating to the sunset review of the
Interstate Commission on Uniform State Laws.
That §29-1A-5 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 2. GEODETIC AND GEOLOGICAL SURVEY.
§1 Repeal of section relating to the sunset review of the state
Geological and Economic Survey.
That §29-2-10 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§1 Repeal of section relating to the sunset review of the state
Fire Commission.
That §29-3-31 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 6. CIVIL SERVICE SYSTEM.
§1 Repeal of section relating to the sunset review of the Division
of Personnel.
That §29-6-5a of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 12. STATE INSURANCE.
§1 Repeal of section relating to the sunset review of the state
Board of Risk and Insurance Management.
That §29-12-12 of the Code of West Virginia, 1931, as
amended, be repealed.
ARTICLE 18. WEST VIRGINIA STATE RAIL AUTHORITY.
§1 Repeal of section relating to the sunset review of the West
Virginia State Rail Authority.
That §29-18-24 of the Code of West Virginia, 1931, as
amended, be repealed.
ARTICLE 20. WOMEN'S COMMISSION.
§1 Repeal of section relating to the sunset review of the West
Virginia Women's Commission.
That §29-20-7 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 21. PUBLIC DEFENDER SERVICES.
§1 Repeal of section relating to the sunset review of the Public
Defender Services.
That §29-21-3a of the Code of West Virginia, 1931, as
amended, be repealed.
ARTICLE 22. STATE LOTTERY ACT.
§1 Repeal of section relating to the sunset review of the state
Lottery Commission.
That §29-22-26 of the Code of West Virginia, 1931, as amended, be repealed.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§1 Repeal of section relating to the sunset review of the board of
Medicine.
That §30-3-18 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.
§1 Repeal of section relating to the sunset review of the West
Virginia Board of Dental Examiners.
That §30-4-30 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
AND
PHARMACIES.
§1 Repeal of section relating to the sunset review of the West
Virginia Board of Pharmacy.
That §30-5-25 of the Code of West Virginia, 1931, as amended,
be repealed.
§2 Repeal of section relating to the sunset review of the pharmacy
collaborative agreements in community settings.
That §30-5-29 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.
§1 Repeal of section relating to the sunset review of
the board of
Embalmers and Funeral Directors.
That §30-6-32 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§1 Repeal of section relating to the sunset review of
the board of
Examiners for Registered Professional Nurses.
That §30-7-17 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 7A. PRACTICAL NURSES.
§1 Repeal of section relating to the sunset review of the board of
Examiners for Licensed Practical Nurses.
That §30-7A-12 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 7B. CENTER FOR NURSING.
§1 Repeal of section relating to the sunset review of the West
Virginia Center for Nursing.
That §30-7B-10 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 9. ACCOUNTANTS.
§1 Repeal of section relating to the sunset review of the West
Virginia Board of Accountancy.
That §30-9-32 of the Code of West Virginia, 1931, as amended, be repealed.
ARTICLE 12. ARCHITECTS.
§1 Repeal of section relating to the sunset review of the board of
Architects.
That §30-12-15 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 13. ENGINEERS.
§1 Repeal of section relating to the sunset review of the board of
Registration for Professional Engineers.
That §30-13-25 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.
§1 Repeal of section relating to the sunset review of the West
Virginia Board of Osteopathy.
That §30-14-16 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.
§1 Repeal of section relating to the sunset review of the board of
Examiners of Psychologists.
That §30-21-16 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 22. LANDSCAPE ARCHITECTS.
§1 Repeal of section relating to the sunset review of the West Virginia Board of Landscape Architects.
That §30-22-29 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 23. RADIOLOGIC TECHNOLOGISTS.
§1 Repeal of section relating to the sunset review of the West
Virginia Medical Imaging and Radiation Therapy Technology
Board of Examiners.
That §30-23-30 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 30. SOCIAL WORKERS.
§1 Repeal of section relating to the sunset review of the board of
Social Work Examiners.
That §30-30-14 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 32. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.
§1 Repeal of section relating to the sunset review of the West
Virginia Board of Examiners for Speech-language Pathology and
Audiology.
That §30-32-22 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 34. BOARD OF RESPIRATORY CARE PRACTITIONERS.
§1 Repeal of section relating to the sunset review of the board of
Respiratory Care Practitioners.
That §30-34-17 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 35. BOARD OF DIETITIANS.
§1 Repeal of section relating to the sunset review of the board of
Licensed Dietitians.
That §30-35-15 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 36. ACUPUNCTURISTS.
§1 Repeal of section relating to the sunset review of the West
Virginia Acupuncture Board.
That §30-36-20 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 37. MASSAGE THERAPISTS.
§1 Repeal of section relating to the sunset review of the Massage
Therapy Licensure Board.
That §30-37-12 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 38. THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION
ACT.
§1 Repeal of section relating to the sunset review of the Real
Estate Appraiser Licensing and Certification Board
.
That §30-38-19 of the Code of West Virginia, 1931, as amended,
be repealed.
ARTICLE 40. WEST VIRGINIA REAL ESTATE LICENSE ACT.
§1 Repeal of section relating to the sunset review of the West
Virginia Real Estate Commission.
That §30-40-28 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 31. CORPORATIONS.
ARTICLE 16. WEST VIRGINIA STEEL FUTURES PROGRAM.
§1 Repeal of section relating to the sunset review of the West
Virginia Steel Futures Program.
That §31-16-5 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 31A. BANKS AND BANKING.
ARTICLE 3. BOARD OF BANKING AND FINANCIAL INSTITUTIONS.
§1 Repeal of section relating to the sunset review of the West
Virginia Board of Banking and Financial Institutions.
That §31A-3-5 of the Code of West Virginia, 1931, as amended,
be repealed.
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 18. BUREAU FOR CHILD SUPPORT ENFORCEMENT.
§1 Repeal of section relating to the sunset review of the Bureau
for Child Support Enforcement.
That §48-18-134 of the Code of West Virginia, 1931, as
amended, be repealed.
ARTICLE 26. DOMESTIC VIOLENCE ACT.
§1 Repeal of section relating to the sunset review of the Family
Protection Services Board.
That §48-26-1102 of the Code of West Virginia, 1931, as
amended, be repealed.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4134) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4134) 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. 4134--A Bill
to repeal §4-8-
6, of the Code of West Virginia, 1931, as amended; to repeal §5-1D-
11 of said code; to repeal §5-10D-8 of said code; to repeal §5-11-21 of said code; to repeal §5-14-12 of said code; to repeal §5-16-
4a and §5-16-27 of said code; to repeal §5-16B-4a of said code; to
repeal §5-16C-10 of said code; to repeal §5-22A-15 of said code; to
repeal §5-26A-6 of said code; to repeal §5-28-4 of said code; to
repeal §5A-3-57 of said code; to repeal §5A-8-15a of said code; to
repeal §5A-11-8 of said code; to repeal §5B-2-13 of said code; to
repeal §5B-2A-13 of said code; to repeal §5B-2C-8 of said code; to
repeal §5C-2-6 of said code; to repeal §5D-1-24 of said code; to
repeal §6B-2-11 of said code; to repeal §6C-3-5 of said code; to
repeal §9A-1-2a of said code; to repeal §10-5-6 of said code; to
repeal §11-1-8 of said code; to repeal §12-6-20 of said code; to
repeal §12-6C-20 of said code; to repeal §15-2-50 of said code; to
repeal §15-2D-6 of said code; to repeal §15-2E-8 of said code; to
repeal §16-1-13a of said code; to repeal §16-5P-15 of said code; to
repeal §16-5Q-3 of said code; to repeal §16-29B-28 of said code; to
repeal §16-41-7 of said code; to repeal §17-2A-1a of said code; to
repeal §17A-2-24 of said code; to repeal §17A-6-18b of said code;
to repeal §17B-1D-10 of said code; to repeal §18-2F-9 of said code;
to repeal §18-9D-18 of said code; to repeal §18-10C-3 of said code;
to repeal §18-10L-8 of said code; to repeal §18A-3A-4 of said code;
to repeal §18B-16-6b of said code; to repeal §19-1-3b of said code;
to repeal §19-2B-1a of said code; to repeal §19-2F-11 of said code;
to repeal §19-23-30 of said code; to repeal §20-1-18d and §20-1-21
of said code; to repeal §20-2-23f of said code; to repeal §20-5-20 of said code; to repeal §21-1-5 of said code; to repeal §21-9-13 of
said code; to repeal §21-11-19 of said code; to repeal §21A-1-9 of
said code; to repeal §21A-2-9 of said code; to repeal §22-1-4 and
§22-1-7a of said code; to repeal §22-3A-11 of said code; to repeal
§22-15A-15 of said code; to repeal §22-20-2 of said code; to repeal
§22-25-13 of said code; to repeal §22B-3-5 of said code; to repeal
§22C-7-4 of said code; to repeal §22C-9-4a of said code; to repeal
§22C-11-6 of said code; to repeal §24-1-10 of said code; to repeal
§25-1-2 of said code; to repeal §29-1-1b of said code; to repeal
§29-1A-5 of said code; to repeal §29-2-10 of said code; to repeal
§29-3-31 of said code; to repeal §29-6-5a of said code; to repeal
§29-12-12 of said code; to repeal §29-18-24 of said code; to repeal
§29-20-7 of said code; to repeal §29-21-3a of said code; to repeal
§29-22-26 of said code; to repeal §30-3-18 of said code; to repeal
§30-4-30 of said code; to repeal §30-5-25 and §30-5-29 of said
code; to repeal §30-6-32 of said code; to repeal §30-7-17 of said
code; to repeal §30-7A-12 of said code; to repeal §30-7B-10 of said
code; to repeal §30-9-32 of said code; to repeal §30-12-15 of said
code; to repeal §30-13-25 of said code; to repeal §30-14-16 of said
code; to repeal §30-21-16 of said code; to repeal §30-22-29 of said
code; to repeal §30-23-30 of said code; to repeal §30-30-14 of said
code; to repeal §30-32-22 of said code; to repeal §30-34-17 of said
code; to repeal §30-35-15 of said code; to repeal §30-36-20 of said
code; to repeal §30-37-12 of said code; to repeal §30-38-19 of said code; to repeal §30-40-28 of said code; to repeal §31-16-5 of said
code; to repeal §31A-3-5 of said code; to repeal §48-18-134 of said
code; and to repeal §48-26-1102 of said code, all relating to
removing outmoded code sections regarding sunset provisions.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4142, Relating to the board of
sanitarians.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D.
Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (Eng. H. B. No. 4142) was then read a second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
B
y striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §30-17-1, §30-17-2, §30-17-3, §30-17-4, §30-17-5,
§30-17-6, §30-17-7, §30-17-8, §30-17-9, §30-17-10, 30-17-11, §30-
17-12, §30-17-13, §30-17-14, §30-17-15, and §30-17-16 of the Code
of West Virginia, 1931, as amended, be amended and reenacted; and
that said code be amended by adding thereto three new sections,
designated §30-17-17, §30-17-18 and §30-17-19, all to read as
follows:
ARTICLE 17. SANITARIANS.
§30-17-1. Unlawful acts.
It is unlawful for any person to practice or offer to practice
environmental health science and public health sanitation in this
state without being licensed, certified or permitted under the
provisions of this article, or to advertise or use any title or
description tending to convey the impression that the person is a
registered sanitarian, sanitarian or sanitarian-in-training unless
he or she has been duly authorized under the provisions of this
article, and the license, certification or permit has not expired
or been suspended or revoked.
§30-17-2. Applicable law.
The practice of environmental health science and public health
sanitation, and the board are subject to the provisions of article
one of this chapter, the provisions of this article and any rules promulgated hereunder.
§30-17-3. Definitions.
As used in this article, the following words and terms have
the following meanings:
(a) "Board" means the State Board of Sanitarians.
(b) "Bureau" means the Bureau for Public Health.
(c) "Certificate holder" means a person holding a
certification issued by the board.
(d) "Certificate" means a document issued to a sanitarian
under the provisions of this article.
(e) "Environmental health science" means public health science
that includes, but is not limited to, the following bodies of
knowledge: air quality, food quality and protection, hazardous and
toxic substances, consumer product safety, housing, institutional
health and safety, community noise control, radiation protection,
recreational facilities, solid and liquid waste management, vector
control, drinking water quality, milk sanitation and rabies
control.
(f) "License" means a document issued to a registered
sanitarian under the provisions of this article.
(g) "Licensee" means a person holding a license issued by the
board.
(h) "Permit" means a document issued to a sanitarian-in-
training under the provisions of this article.
(i) "Permittee" means a person holding a permit issued by the
board.
(j) "Practice of public health sanitation" means the
consultation, instruction, investigation, inspection or evaluation
by an employee of the bureau, or a municipal or county health
department with the primary purpose of improving or conducting
administration of enforcement of state laws and rules.
(k) "Registered sanitarian" means a person who is licensed by
the board and is uniquely qualified by education, specialized
training, experience and examination to assist in the enforcement
of public health sanitation laws and environmental sanitation
regulations, and to effectively plan, organize, manage, evaluate
and execute one or more of the many diverse disciplines comprising
the field of public health sanitation.
(l) "Sanitarian" means a person who is certified by the board
and is uniquely qualified by education in the arts and sciences,
specialized training and credible field experience to assist in the
enforcement of public health sanitation laws and environmental
sanitation regulations, and to effectively plan, organize, manage,
evaluate and execute one or more of the many diverse disciplines
comprising the field of public health sanitation.
(m) "Sanitarian-in-training" means a person who is permitted
by the board and possesses the necessary educational qualifications
for certificate as a sanitarian, but who has not completed the experience requirements in the fields of public health sanitation
and environmental health science as required for certificate.
§30-17-4. State Board of Sanitarians.
(a) The Board of Registration for Sanitarians is continued and
commencing July 1, 2010, shall be known as the State Board of
Sanitarians. Any member of the board, except one registered
sanitarian, in office on July 1, 2010, may continue to serve until
his or her successor has been appointed and qualified.
(b) Prior to July 1, 2010, the Governor, by and with the
advice and consent of the Senate, shall appoint one certified
sanitarian to replace one registered sanitarian.
(c) Commencing July 1, 2010, the board shall consist of the
following seven voting members with staggered terms and 1 non-
voting member:
(1) The Commissioner of the Bureau of Public Health, or his or
her designee, who is a nonvoting member;
(2) Four members who are registered sanitarians, who are
voting members;
(3) One member who has a certificate as a sanitarian at the
time of the appointment, who is a voting member: Provided, That if
the member becomes a registered sanitarian during his or her
appointment term, then the person may not be reappointed as the
certified sanitarian member, but may be reappointed as a registered
sanitarian member; and
(4) Two citizen members, who are not licensed, certified or
permitted under the provisions of this article, and who do not
perform any services related to the practice of the professions
regulated under the provisions of this article, who are voting
members.
(d) Each voting member must be appointed by the Governor, by
and with the advice and consent of the Senate, and must be a
resident of this state during the appointment term.
(e) The term of each voting board member is five years.
(f) No voting member may serve more than two consecutive full
terms and any voting member having served two full terms may not be
appointed for one year after completion of his or her second full
term. A voting member shall continue to serve until his or her
successor has been appointed and qualified.
(g) Each licensed or certified member shall have been engaged
in the practice of environmental health science or public health
sanitation for at least five years immediately preceding the
appointment.
(h) Each licensed or certified member shall maintain an active
license or certificate with the board during his or her term.
(i) The Governor may remove any voting member from the board
for neglect of duty, incompetency or official misconduct.
(j) A licensed or certified member of the board immediately
and automatically forfeits membership to the board if his or her license or certificate to practice is suspended or revoked.
(k) A voting member of the board immediately and automatically
forfeits membership to the board if he or she is convicted of a
felony under the laws of any jurisdiction or becomes a nonresident
of this state.
(l) The board shall designate one of its members as
chairperson who serves at the will of the board.
(m) Each voting member of the board is entitled to receive
compensation and expense reimbursement in accordance with section
eleven, article one of this chapter.
(n) A majority of the members of the board shall constitute a
quorum.
(o) The board shall hold at least two annual meetings. Other
meetings may be held at the call of the chairperson, or upon the
written request of two members, at such time and place as
designated in the call or request.
(p) Prior to commencing his or her duties as a voting member
of the board, each voting member shall take and subscribe to the
oath required by section five, article four of the Constitution of
this state.
§30-17-5. Powers and duties of the board.
The board has all the powers and duties set forth in article
one of this chapter and also the following powers and duties:
(1) Hold meetings, conduct hearings and administer examinations;
(2) Set the requirements for a license, permit and
certificate;
(3) Establish procedures for submitting, approving and
rejecting applications for a license, permit and certificate;
(4) Determine the qualifications of any applicant for a
license, permit and certificate;
(5) Prepare, conduct, administer and grade written, oral or
written and oral examinations for a license;
(6) Determine the passing grade for the examinations;
(7) Contract with third parties to administer the examinations
required under the provisions of this article;
(8) Maintain records of the examinations the board or a third
party administers, including the number of persons taking the
examination and the pass and fail rate;
(9) Maintain an office, and hire, discharge, establish the job
requirements and fix the compensation of employees and contracted
employees necessary to enforce the provisions of this article;
(10) Define the fees charged under the provisions of this
article;
(11) Issue, renew, deny, suspend, revoke or reinstate a
license, permit and certificate;
(12) Investigate alleged violations of the provisions of this
article, legislative rules, orders and final decisions of the board;
(13) Conduct disciplinary hearings of persons regulated by the
board;
(14) Determine disciplinary action and issue orders;
(15) Institute appropriate legal action for the enforcement of
the provisions of this article;
(16) Maintain an accurate registry of names and addresses of
all persons regulated by the board;
(17) Keep accurate and complete records of its proceedings,
and certify the same as may be necessary and appropriate;
(18) Establish the continuing education requirements for
licensees, permittees and certificate holders;
(19) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article;
(20) Sue and be sued in its official name as an agency of this
state;
(21) Confer with the Attorney General or his or her assistant
in connection with legal matters and questions; and
(22) Take all other actions necessary and proper to effectuate
the purposes of this article.
§30-17-6. Rulemaking.
(a) The board shall propose rules for legislative approval, in
accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article,
including:
(1) Standards and requirements for a license, permit or
certificate;
(2) Procedures for examinations and reexaminations;
(3) Requirements for third parties to prepare and/or
administer examinations and reexaminations;
(4) Educational, experience and training requirements, and the
passing grade on the examination;
(5) Standards for approval of courses;
(6) Procedures for the issuance and renewal of a license,
permit or certificate;
(7) A fee schedule;
(8) The continuing education requirements;
(9) The procedures for denying, suspending, revoking,
reinstating or limiting the practice of a licensee, permittee or
certificate holder;
(10) Requirements for an inactive or revoked license, permit
or certificate; and
(11) Any other rules necessary to effectuate the provisions of
this article.
(b) All of the board's rules in effect on July 1, 2010, shall
remain in effect until they are amended or repealed, and references
to provisions of former enactments of this article are interpreted to mean provisions of this article.
(c) The board is authorized to promulgate emergency rules
pursuant to the provisions of section fifteen, article three,
chapter twenty-nine-a of this code, to set fees for the issuance
and renewal of licenses, certificates and permits for an eighteen
month period commencing July 1, 2010, and ending December 31, 2011.
§30-17-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines,
received by the board shall be deposited in a separate special
revenue fund in the State Treasury designated the "Sanitarians
Operating Fund", which fund is continued. The fund shall be used
by the board for the administration of this article. Except as may
be provided in article one of this chapter, the board shall retain
the amounts in the special revenue account from year to year. No
compensation or expense incurred under this article is a charge
against the General Revenue Fund.
(b) Any amounts received as fines imposed, pursuant to this
article, shall be deposited into the General Revenue Fund of the
State Treasury.
§30-17-8. Qualifications for licensure as a registered sanitarian.
(a) To be eligible to be licensed as a registered sanitarian,
the applicant must:
(1) Be of good moral character;
(2) Have a bachelor's or higher degree from an accredited college or university;
(3) Successfully complete a sanitarian's training course of a
minimum of three hundred hours, as approved by the board;
(4) Have at least two years of experience in the field of
public health sanitation and environmental health science; and
(5) Pass an examination, as required by the board.
(b) An applicant may substitute a successfully completed
master's or higher degree in public health, environmental science,
sanitary science, community hygiene or other science field, as
approved by the board, for one of the required years of experience.
(c) A registration issued by the board prior to July 1, 2010,
shall for all purposes be considered a license issued under this
article: Provided, That a person holding a registration issued
prior to July 1, 2010, must renew pursuant to the provisions of
this article.
§30-17-9. Qualifications for certificate as a sanitarian.
(a) To be eligible to be certified as a sanitarian, the
applicant must:
(1) Be of good moral character;
(2) Have a bachelor's or higher degree from an accredited
college or university;
(3) Successfully complete a sanitarian's training course of a
minimum of three hundred hours, as approved by the board; and
(4) Have at least two years of experience in the field of public health sanitation and environmental health science.
(b) An applicant may substitute a successfully completed
master's or higher degree in public health, environmental science,
sanitary science, community hygiene or other science field as
approved by the board for one of the required years of experience.
(c) A person who is registered as a sanitarian-in-training by
the board and on or before July 1, 2010, has two or more years of
experience in the field of public health sanitation and
environmental health science, as approved by the board, shall for
all purposes be considered certified under this article: Provided,
That such a person must renew pursuant to the provisions of this
article.
§30-17-10. Qualifications for permit as a sanitarian-in-training.
(a) To be eligible to be permitted as a sanitarian-in-
training, the applicant must:
(1) Be of good moral character;
(2) Have a bachelor's or higher degree from an accredited
college or university; and
(3) Successfully complete a sanitarian's training course of a
minimum of three hundred hours within twelve months of being hired
as a sanitarian-in-training.
(b) A person may practice as a sanitarian-in-training for a
period not to exceed three years.
(c) The board may waive the requirements of subdivision (3) of subsection (a) and subsection (b) of this section, for a person who
experiences an undue hardship, as determined by the board.
§30-17-11. Persons exempted from licensure.
The activities and services of qualified members of other
recognized professions practicing environmental health science
consistent with the laws of this state, their training and any code
of ethics of their professions so long as such person does not
represent themselves as a registered sanitarian, sanitarian or
sanitarian-in-training as defined by this article.
§30-17-12. License from another state.
The board may issue a license or a certificate to practice
environmental health science or public health sanitation in this
state, without requiring an examination, to an applicant from
another jurisdiction who:
(1) Is of good moral character;
(2) Holds a valid sanitarian license or other authorization to
practice environmental health science or public health sanitation
in another jurisdiction and meets requirements which are
substantially equivalent to the requirements set forth in this
article;
(3) Is not currently being investigated by a disciplinary
authority of this state or another jurisdiction, does not have
charges pending against his or her license or other authorization
to practice environmental health science or public health sanitation, and has never had a license or other authorization to
practice environmental health science or public health sanitation
revoked;
(4) Has not previously failed an examination for licensure in
this state;
(5) Has paid all the applicable fees;
(6) Completes any additional training as determined by the
board; and
(7) Completes such other action as required by the board.
§30-17-13. Renewal requirements.
(a) The board may issue, renew and charge fees for licenses,
certificates and permits for an eighteen month period commencing
July 1, 2010, and ending December 31, 2011.
(b) Commencing January 1, 2012, and annually or biennially
thereafter, a person regulated by this article shall renew his or
her license, permit or certificate by completing a form prescribed
by the board, paying the applicable fees and submitting any other
information required by the board.
(c) The board shall charge a fee for each renewal of a
license, permit or certificate and may charge a late fee for any
renewal not paid by the due date.
(d) The board shall require as a condition for the renewal of
a license, permit or certificate that each person regulated by this
article complete continuing education.
(e) The board may deny an application for renewal for any
reason which would justify the denial of an original application
for a license, permit or certificate.
§30-17-14. Display of license, permit or certificate.
(a) The board shall prescribe the form for a license, permit
and certificate and may issue a duplicate upon payment of a fee.
(b) Any person, not employed by the bureau or a municipal or
county health department, shall conspicuously display his or her
license, permit or certificate at his or her principal place of
practice.
(c) A person regulated by the board shall carry valid proof of
licensure, permit or certificate on his or her person during the
performance of his or her duties.
§30-17-15. Complaints; investigations; due process procedure;
grounds for disciplinary action.
(a) The board may upon its own motion and shall upon the
written complaint of any person cause an investigation to be made
to determine whether grounds exist for disciplinary action under
this article.
(b) Upon initiation or receipt of the complaint, the board
shall provide a copy of the complaint to the licensee, permittee or
certificate holder.
(c) The board may cause an investigation to be made into the
facts and circumstances giving rise to the complaint.
(d) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee, permittee or certificate holder has violated
this article.
(e) Upon a finding that probable cause exists that the
licensee, permittee or certificate holder has violated this
article, the board may enter into a consent decree or hold a
hearing for the suspension or revocation of the license,
certificate or permit or the imposition of sanctions against the
licensee, permittee or certificate holder. The hearing shall be
held in accordance with the provisions of this article.
(f) Any member of the board or the executive director of the
board may issue subpoenas and subpoenas duces tecum to obtain
testimony and documents to aid in the investigation of allegations
against any person regulated by this article.
(g) Any member of the board or its executive director may sign
a consent decree or other legal document on behalf of the board.
(h) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend or revoke the license, permit or
certificate of, impose probationary conditions upon or take
disciplinary action against, any licensee, permittee or certificate
holder for any of the following reasons:
(1) Obtaining a license, permit or certificate by fraud,
misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral
turpitude;
(3) Being guilty of unprofessional conduct which placed the
public at risk;
(4) Violating this article or lawful order of the board that
placed the public at risk;
(5) Having had a license or other authorization revoked or
suspended, other disciplinary action taken, or an application for
licensure or other authorization denied by the proper authorities
of another jurisdiction, irrespective of intervening appeals and
stays; or
(6) Engaging in any act which has endangered or is likely to
endanger the health, welfare or safety of the public.
(i) For the purposes of subsection (h) of this section,
disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Administrative fine, not to exceed $1,000 per day per
violation;
(4) Mandatory attendance at continuing education seminars or
other training;
(5) Practicing under supervision or other restriction;
(6) Requiring the licensee, permittee or certificate holder to
report to the board for periodic interviews for a specified period of time; or
(7) Other corrective action considered by the board to be
necessary to protect the public, including advising other parties
whose legitimate interests may be at risk.
§30-17-16. Procedures for hearing; right of appeal.
(a) Hearings are governed by the provisions of section eight,
article one of this chapter.
(b) The board may conduct the hearing or elect to have an
administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law
judge, at the conclusion of a hearing he or she shall prepare a
proposed written order containing findings of fact and conclusions
of law. The proposed order may contain proposed disciplinary
actions if the board so directs. The board may accept, reject or
modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the
authority to administer oaths, examine any person under oath and
issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee,
permittee or certificate holder has violated this article, a formal
written decision shall be prepared which contains findings of fact,
conclusions of law and a specific description of the disciplinary
actions imposed.
§30-17-17. Judicial review; appeal to Supreme Court of Appeals.
Any licensee, permittee or certificate holder adversely
affected by a decision of the board entered after a hearing may
obtain judicial review of the decision in accordance with section
four, article five, chapter twenty-nine-a of this code, and may
appeal any ruling resulting from judicial review in accordance with
article six, chapter twenty-nine-a of this code.
§30-17-18. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a licensee,
permittee or certificate holder has knowingly violated this
article, the board may bring its information to the attention of an
appropriate law-enforcement official who may cause criminal
proceedings to be brought.
(b) If a court finds that a person violating this article,
is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $500 nor more than $1,000 or confined in jail
not more than six months, or both fined and confined.
§30-17-19. Single act evidence of practice.
In any action brought or in any proceeding initiated under
this article, evidence of the commission of a single act prohibited
by this article is sufficient to justify a penalty, injunction,
restraining order or conviction without evidence of a general
course of conduct.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4142) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: Edgell--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4142) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
Eng. Com. Sub. for House Bill No. 4142--A Bill
to amend and
reenact §30-17-1, §30-17-2, §30-17-3, §30-17-4, §30-17-5, §30-17-6,
§30-17-7, §30-17-8, §30-17-9, §30-17-10, §30-17-11, §30-17-12, §30-
17-13, §30-17-14, §30-17-15, and §30-17-16 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto three new sections, designated §30-17-17, §30-17-18 and
§30-17-19, all relating to the State Board of Sanitarians;
prohibiting the practice of environmental health science and public health sanitation without a license, certification or permit;
updating definitions; changing the board composition; clarifying
the powers and duties of the board; clarifying rule-making
authority; authorizing emergence rules; continuing a special
revenue account; establishing license, permit and certificate
requirements; providing exemptions from licensure; licensing
requirements for persons licensed in another state; establishing
renewal requirements; requiring display of license, certification
and permit; setting grounds for disciplinary actions; establishing
specific disciplinary actions; providing procedures for
investigation of complaints, judicial review, appeals of decisions,
hearings, notice and civil causes of action; providing criminal
penalties; and providing that a single act is evidence of practice.
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. 4182, Relating to the
emergency medical services retirement system act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (Eng. Com. Sub. for H. B. No. 4182) was then read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
After the enacting section by inserting the following:
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-2a. Restrictions on hiring a retired state employee.
An employee who has retired from a spending unit and who on or
after July 1, 2010 is subsequently hired by a different spending
unit or rehired by his or her former spending unit shall be
considered a new eligible employee, and may not use the employee's
prior service to enhance his or her incremental salary increases
and accrual of annual leave: Provided, That an employee who
retires and is eligible to suspend his or her annuity upon being
rehired as a regular employee on a full-time basis by a
participating employer of the same retirement system, and who again
becomes a contributing member of the retirement system, is not considered a new employee and may use prior service toward
recalculated retirement benefits and to enhance incremental salary
increases and accrual of annual leave.
And,
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That Code of West Virginia, 1931, as amended, be amended by
adding thereto a new section, designated §5-5-2a; and that §16-5V-
2, §16-5V-6, §16-5V-7, §16-5V-8, §16-5V-18, §16-5V-19, §16-5V-20
and §16-5V-21 of said code be amended and reenacted, all to read as
follows:.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4182) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4182) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 4182--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §5-5-2a; and to amend and reenact §16-5V-2,
§16-5V-6, §16-5V-7, §16-5V-8, §16-5V-18, §16-5V-19, §16-5V-20 and
§16-5V-21 of said code, relating to the emergency medical services
retirement system act and the suspension of certain annuities when
a state retirant is rehired by a spending unit on a full-time
basis; modifying definitions; making technical changes; procedures
for the transfer of contributions; clarifying actuarial valuation
period; clarifying employer contribution amount; specifying
procedures for the correction of errors; providing onset date for
receipt of disability benefits; providing for the termination of
disability benefits when a retirant refuses to submit to a medical
examination or provide certification from a physician of continued
disability; and the rehiring of retirants.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4247, Providing counties the discretion to
accompany an electronic poll book with a printed poll book.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4324, Extending the
expiration date of employment of retired teachers beyond the
post-retirement employment limit.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4339, Relating to collecting
debts through the United States Treasury Offset Program.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4397, Requiring the
Superintendent of the State Police to implement a plan to increase
the number of troopers.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D.
Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (Eng. Com. Sub. for H. B. No. 4397) was then read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section three, line nine, by striking out the
words "a minimum number of" and inserting in lieu thereof the words
"up to";
And,
On page two, section three, line ten, by striking out "2014."
and inserting in lieu thereof the following: 2016: Provided, That
the superintendent shall annually report to the Joint Committee on
Government and Finance on the progress of said program.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4397) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4397) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4397--A Bill to amend and
reenact §15-2-3 of the Code of West Virginia, 1931, as amended,
relating to requiring the Superintendent of the State Police to
develop a program to increase the number of troopers up to eight
hundred troopers by July 1, 2016; and requiring the superintendent
to annually report to the Joint Committee on Government and Finance
on the progress of said program.
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. 4450, Relating to land
surveyors.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (Eng. Com. Sub. for H. B. No. 4450) was then read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
B
y striking out everything after the enacting section and
inserting in lieu thereof the following:
CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
ARTICLE 1. LIMITS AND JURISDICTION.
§1-1-5. West Virginia coordinate systems; definition; plane
coordinates, limitations of use; conversion factor for meters
to feet.
(a) The systems of plane coordinates which have been
established by the National Ocean Service/National Geodetic Survey
(formerly the United States Coast and Geodetic Survey) or its
successors for defining and stating the geographic position or
locations of points on the surface of the earth within West
Virginia are to be known and designated as the West Virginia
Coordinate System of 1927 and the West Virginia Coordinate System of 1983.
(b) For the purpose of the use of this system the state is
divided into a North Zone and a South Zone.
The area now included in the following counties is the North
Zone: Barbour, Berkeley, Brooke, Doddridge, Grant, Hampshire,
Hancock, Hardy, Harrison, Jefferson, Marion, Marshall, Mineral,
Monongalia, Morgan, Ohio, Pleasants, Preston, Ritchie, Taylor,
Tucker, Tyler, Wetzel, Wirt and Wood.
The area now included in the following counties is the South
Zone: Boone, Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer,
Greenbrier, Jackson, Kanawha, Lewis, Lincoln, Logan, McDowell,
Mason, Mercer, Mingo, Monroe, Nicholas, Pendleton, Pocahontas,
Putnam, Raleigh, Randolph, Roane, Summers, Upshur, Wayne, Webster
and Wyoming.
(c) As established for use in the North Zone, the West
Virginia Coordinate System of 1927 or the West Virginia Coordinate
System of 1983 shall be named and in any land description in which
it is used it shall be designated the West Virginia Coordinate
System of 1927 North Zone or West Virginia Coordinate System of
1983 North Zone.
As established for use in the South Zone, the West Virginia
Coordinate System of 1927 or the West Virginia Coordinate System of
1983 shall be named and in any land description in which it is used
it shall be designated the West Virginia Coordinate System of 1927 South Zone or West Virginia Coordinate System of 1983 South Zone.
(d) The plane coordinate values for a point on the earth's
surface, used to express the geographic position or location of the
point in the appropriate zone of this system, shall consist of two
distances, expressed in U. S. Survey feet and decimals of a foot
when using the West Virginia Coordinate System of 1927 and
determined in meters and decimals when using the West Virginia
Coordinate System of 1983, but which may be converted to and
expressed in feet and decimals of a foot. One of these distances,
to be known as the x-coordinate, shall give the position in an
east-and-west direction. The other, to be known as the y-
coordinate, shall give the position in a north-and-south direction.
These coordinates shall be made to depend upon and conform to
plane rectangular coordinate values for the monumented points of
the North American Horizontal Geodetic Control Network as published
by the National Ocean Service/National Geodetic Survey (formerly
the United States Coast and Geodetic Survey) or its successors and
whose plane coordinates have been computed on the system defined by
this section. Any such station may be used for establishing a
survey connection to either West Virginia Coordinate System.
(e) For purposes of describing the location of any survey
station or land boundary corner in the State of West Virginia, it
shall be considered a complete, legal and satisfactory description
of the location to give the position of the survey station or land boundary corner on the system of plane coordinates defined in this
section. Nothing contained in this section requires a purchaser or
mortgagee of real property to rely wholly on a land description,
any part of which depends exclusively upon either West Virginia
Coordinate System.
(f) When any tract of land to be defined by a single
description extends from one into the other of the coordinate zones
specified in this section, the position of all points on its
boundaries may refer to either of the two zones. The zone which is
being used specifically shall be named in the description.
(g) (1) For purposes of more precisely defining the West
Virginia Coordinate System of 1927, the following definition by the
United States Coast and Geodetic Survey (now National Ocean
Service/National Geodetic Survey) is adopted:
The West Virginia Coordinate System of 1927 North Zone is a
Lambert conformal conic projection of the Clarke Spheriod of 1866,
having standard parallels at north latitudes 39 degrees and 00
minutes and 40 degrees and 15 minutes, along which parallels the
scale shall be exact. The origin of coordinates is at the
intersection of the meridian 79 degrees 30 minutes west of
Greenwich and the parallel 38 degrees 30 minutes north latitude.
This origin is given the coordinates: x = 2,000,000 feet and y = 0
feet.
The West Virginia Coordinate System of 1927 South Zone is a Lambert conformal conic projection of the Clarke Spheriod of 1866,
having standard parallels at north latitudes 37 degrees 29 minutes
and 38 degrees 53 minutes, along which parallels the scale shall be
exact. The origin of coordinates is at the intersection of the
meridian 81 degrees 00 minutes west of Greenwich and the parallel
37 degrees 00 minutes north latitude. This origin is given the
coordinates: x = 2,000,000 feet and y = 0 feet.
(2) For purposes of more precisely defining the West Virginia
Coordinate System of 1983, the following definition by the National
Ocean Service/National Geodetic Survey is adopted:
The West Virginia Coordinate System of 1983 North Zone is a
Lambert conformal conic projection of the North American Datum of
1983, having standard parallels at north latitudes 39 degrees and
00 minutes and 40 degrees and 15 minutes, along which parallels the
scale shall be exact. The origin of coordinates is at the
intersection of the meridian 79 degrees 30 minutes west of
Greenwich and the parallel 38 degrees 30 minutes north latitude.
This origin is given the coordinates: x = 600,000 meters and y =
0 meters.
The West Virginia Coordinate System of 1983 South Zone is a
Lambert conformal conic projection of the North American Datum of
1983, having standard parallels at north latitudes 37 degrees 29
minutes and 38 degrees 53 minutes, along which parallels the scale
shall be exact. The origin of coordinates is at the intersection of the meridian 81 degrees 00 minutes west of Greenwich and the
parallel 37 degrees 00 minutes north latitude. This origin is
given the coordinates: x = 600,000 meters and y = 0 meters.
(h) No coordinates based on the West Virginia Coordinate
System, purporting to define the position of a point on a land
boundary, may be presented to be recorded in any public records or
deed records unless the point is based on a public or private
monumented horizontal control station established in conformity
with the standards of accuracy and specifications for first order
or better geodetic surveying as prepared and published by the
Federal Geodetic Control Committee of the United States Department
of Commerce. Standards and specifications of the Federal Geodetic
Control Committee or its successor in force on the date of the
survey apply. The publishing of the existing control stations, or
the acceptance with intent to publish the newly established control
stations, by the National Ocean Service/National Geodetic Survey is
evidence of adherence to the Federal Geodetic Control Committee
specifications. The limitations specified in this section may be
modified by a duly authorized state agency to meet local
conditions.
(i) The use of the term "West Virginia Coordinate System of
1927 North or South Zone" or "West Virginia Coordinate System of
1983 North or South Zone" on any map, report or survey or other
document shall be limited to coordinates based on the West Virginia Coordinate System as defined in this section.
(j) A plat and a description of survey must show the basis of
control identified by the following:
(1) The monument name or the point identifier on which the
survey is based;
(2) The order of accuracy of the base monument; and
(3) The coordinate values used to compute the corner
positions.
(k) Nothing in this section prevents the recordation in any
public record of any deed, map, plat, survey, description or of any
other document or writing of whatever nature which would otherwise
constitute a recordable instrument or document even though the same
is not based upon or done in conformity with the West Virginia
Coordinate System established by this section, nor does
nonconformity with the system invalidate any deed, map, plat,
survey, description or other document which is otherwise proper.
(l) For purpose of this section a foot equals a United States
Survey foot. The associated factor of one meter equals 39.37/12
feet shall be used in any conversion necessitated by changing
values from meters to feet.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 2. COUNTY AND DISTRICT BOUNDARIES; CHANGE OF COUNTY SEAT
AND NAMES OF UNINCORPORATED TOWNS AND OF DISTRICTS; COUNTY
SURVEYOR.
§7-2-8. License required for county surveyor.
Each county surveyor of lands first elected or first appointed
after January 1, 2013, pursuant to section 1, article IX of the
West Virginia Constitution, shall be a surveyor licensed pursuant
to article thirteen-a, chapter thirty of this code and such
licensee shall be in good standing.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 13A. LAND SURVEYORS.
§30-13A-1. Unlawful acts.
(a) It is unlawful for any person to practice or offer to
practice surveying in this state without a license issued under the
provisions of this article, or advertise or use any title or
description tending to convey the impression that they are a
surveyor, unless such person has been licensed under the provisions
of this article.
(b) It is unlawful for any firm to practice or offer to
practice surveying in this state without a certificate of
authorization issued under the provisions of this article, or
advertise or use any title or description tending to convey the
impression that it is a surveying firm, unless such firm has been
issued a certificate of authorization under the provisions of this
article.
§30-13A-2. Applicable law.
The practice of surveying and the West Virginia Board of Professional Surveyors are subject to the provisions of article one
of this chapter, the provisions of this article and the board's
rules.
§30-13A-3. Definitions.
As used in this article, the following words and terms have
the following meanings:
(a) "Applicant" means a person making application for a
license or a firm making application for a certificate of
authorization, under the provisions of this article.
(b) "Board" means the West Virginia Board of Professional
Surveyors.
(c) "Boundary survey" means a survey, in which property lines
and corners of a parcel of land have been established by a survey
and a description of survey has been written and a plat has been
prepared for the property.
(d) "Cadastral survey" means a survey representing the
ownership, relative positions and dimensions of land, objects and
estates.
(e) "Certificate holder" means a firm holding a certificate of
authorization issued by the board.
(f) "Certificate of authorization" means a certificate issued
under the provisions of this article to a firm providing surveying
services.
(g) "Construction survey" means the laying of stakes for a construction project.
(h) "Direct supervision" means the responsible licensee is in
direct control of all field and office surveying operations. Direct
control does not necessarily require the actual physical presence
of the responsible licensee at the site of the survey, nor prohibit
the responsible licensee from maintaining simultaneous direct
supervision of more than one survey.
(i) "Endorsee" means a person holding an endorsement to
practice in a specialized field of surveying issued by the board
under the provisions of this article.
(j) "Endorsement" means an authorization, in addition to a
professional surveyor license, to practice in a specialized field
of surveying issued by the board.
(k) "Firm" means any nongovernmental business entity,
including an individual, association, partnership or corporation,
providing surveying services.
(l) "Geodetic control survey" means a survey involving the
precise measurement of points on the earth's surface which form the
framework or control for a large map or project.
(m) "Geographic information system (GIS)" means a system of
hardware, software and procedures designed to support the capture
and management of spatially referenced information.
(n) "Hydrographic survey" means a survey that measures and
determines the topographic features of water bodies and the adjacent land areas, including the width, depth and course of water
bodies and other relative features.
(o) "Inactive" means the status granted by the board to a
licensee or endorsee.
(p) "Land information system (LIS)" means a system of
hardware, software and procedures designed to support the capture
and management of spatially referenced information.
(q) "License" means a surveying license issued under the
provisions of this article.
(r) "Licensee" means a person holding a surveying license
issued under the provisions of this article.
(s) "Metes and bounds" means a description where the land or
the associated effects on the land have been measured by starting
at a known point and describing, in sequence, the lines by
direction and distance forming the boundaries of the land or a
defined area relative to the physical land features, associated
effects or structural improvements on the land.
(t) "Monument" means a permanent marker, either boundary or
nonboundary, used to establish corners or mark boundary lines of a
parcel of land or reference the geospatial relationship of other
objects.
(u) "Mortgage/loan inspection survey" means a survey in which
property lines and corners have not been established.
(v) "Oil or gas well survey" means a survey and plat of a proposed oil or gas well, including the location of the well, the
surface or mineral tract on which the well is located, the physical
features surrounding the well
, all creeks or streams near the
well
and any other identifying characteristics of the land to specify
the location of the
well. An oil or gas well survey must be
performed in accordance with other provisions of this code
affecting oil and gas well surveys.
(w) "Partition survey" means a survey where the boundary lines
of a newly created parcel of land are established and the new
corners are monumented.
(x) "Photogrammetry" means the use of aerial photography,
other imagery and surveying principles to prepare scaled maps or
other survey products reflecting the contours, features and fixed
works of the earth's surface.
(y) "Practice of surveying" means providing professional
surveying services, including consulting, investigating, expert
testimony, evaluating, planning, mapping and surveying.
(z) "Responsible charge" means direct control of surveying
work under the direct supervision of a licensee or person
authorized in another state or country to engage in the practice of
surveying.
(aa) "Retracement survey" means a survey where the boundary
lines and corners of a parcel of land are reestablished from an
existing legal or deed description.
(bb) "Strip" means a description of an area by reference to an
alignment, usually a right-of-way or an easement, stating the
number of feet on each side of the alignment, the relative position
of the alignment, a reference to the measurements and monuments
where the alignment crosses a parcel of land and the source of
title for each parcel of land the alignment crosses.
(cc) "Subdivision" means the division of a lot, tract or
parcel of land into two or more lots, tracts or parcels of land.
(dd)
"Surface mine survey" means a survey of the surface mine
permit area, including the location of the surface mine, the
surface or mineral tracts on which the surface mine is located, the
physical features surrounding the surface mine, all creeks or
streams near the surface mine and any other identifying
characteristics of the land to specify the location of the surface
mine permit area. A surface mine survey must be performed in
accordance with other provisions of this code affecting surface
mine surveys.
(ee) "Survey" or "land survey" means to measure a parcel of
land and ascertain its boundaries, corners and contents or make any
other authoritative measurements.
(ff) "Surveying" or "land surveying" means providing, or
offering to provide, professional services using such sciences as
mathematics, geodesy, and photogrammetry, and involving both:
(1) The making of geometric measurements and gathering related information pertaining to the physical or legal features of the
earth, improvements on the earth, the space above, on or below the
earth; and
(2) Providing, utilizing or developing the same into survey
products such as graphics, data, maps, plans, reports, descriptions
or projects. Professional services include acts of consultation,
investigation, testimony evaluation, expert technical testimony,
planning, mapping, assembling and interpreting gathered
measurements and information related to any one or more of the
following:
(A) Determining by measurement the configuration or contour of
the earth's surface or the position of fixed objects thereon.
(B) Determining by performing geodetic surveys the size and
shape of the earth or the position of any point on the earth.
(C) Determining the position for any survey control monument
or reference point.
(D) Creating, preparing or modifying electronic, computerized
or other data relative to the performance of the activities in the
above-described paragraphs (A) through (C), inclusive, of this
subdivision.
(E) Locating, relocating, establishing, reestablishing or
retracing property lines or boundaries of any tract of land, road,
right-of-way or easement.
(F) Making any survey for the division, subdivision, or consolidation of any tract or tracts of land.
(G) Locating or laying out alignments, positions or elevations
for the construction of fixed works.
(H) Determining, by the use of principles of surveying, the
position for any boundary or nonboundary survey monument or
reference point, or establishing or replacing any such monument or
reference point.
(I) Creating, preparing or modifying electronic or
computerized or other data relative to the performance of the
activities in the above-described paragraphs (E) through (H),
inclusive, of this subdivision.
(3) Any person who engages in surveying, who by verbal claim,
sign, advertisement, letterhead, card or in any other way
represents themselves to be a professional surveyor, or who implies
through the use of some other title that they are able to perform,
or who does perform, any surveying service or work or any other
service designated by the practitioner which is recognized as
surveying, is practicing, or offering to practice, surveying within
the meaning and intent of this article.
(gg) "Surveyor", "professional surveyor" or "land surveyor"
means a person licensed to practice surveying under the provisions
of this article.
(hh) "Surveyor, retired", "professional surveyor, retired" or
"land surveyor, retired" means a licensed surveyor no longer practicing surveying, who has chosen to retire and has been granted
the honorific title of "Professional Surveyor, Retired".
(ii) "Surveyor-in-charge" means a licensee designated by a
firm to oversee the surveying activities and practices of the firm.
(jj) "Surveyor intern" means a person who has passed an
examination covering the fundamentals of land surveying.
(kk) "Underground survey" means a survey that includes the
measurement of underground mine workings and surface features
relevant to the underground mine, the placing of survey points
(spads) for mining direction, the performance of horizontal and
vertical control surveys to determine the contours of a mine, the
horizontal and vertical location of mine features, and the
preparation of maps, reports and documents, including mine progress
maps and mine ventilation maps. An underground mine survey must be
performed in accordance with other provisions of this code
affecting underground mine surveys.
§30-13A-4. Board of Professional Surveyors.
(a) The "West Virginia Board of Professional Surveyors" is
continued. Any member of the board, except the endorsed
underground surveyor member, in office on July 1, 2010, may
continue to serve until his or her successor has been appointed and
qualified.
(b) Prior to July 1, 2010, the Governor, by and with the
advice and consent of the Senate, shall appoint one licensed professional surveyor with at least ten years of experience in land
surveying to replace the endorsed underground surveyor.
(c) Commencing July 1, 2010, the board shall consist of the
following five members with staggered terms:
(1) Three licensed professional surveyors with at least ten
years of experience in land surveying;
(2) One person who has a license in another field of practice
other than surveying and also who has a surveyor license by
examination and has practiced surveying for at least ten years; and
(3) One citizen member who is not regulated under the
provisions of this article and does not perform any services
related to the practice of surveying under the provisions of this
article.
(d) Each licensed member of the board, at the time of his or
her appointment, must have held a license in this state for a
period of not less than three years immediately preceding the
appointment.
(e) Each member must be appointed by the Governor, by and with
the advice and consent of the Senate, and must be a resident of
this state during the appointment term.
(f) The term of each board member is four years.
(g) No member may serve more than two consecutive full terms
and any member having served two full terms may not be appointed
for one year after completion of his or her second full term. A member shall continue to serve until his or her successor has been
appointed and qualified.
(h) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
(i) A licensed member of the board immediately and
automatically forfeits membership to the board if his or her
license to practice is suspended or revoked.
(j) A member of the board immediately and automatically
forfeits membership to the board if he or she is convicted of a
felony under the laws of any jurisdiction or becomes a nonresident
of this state.
(k) The board shall designate one of its members as
chairperson and one member as secretary-treasurer.
(l) Each member of the board is entitled to receive
compensation and expense reimbursement in accordance with section
eleven, article one of this chapter.
(m) A majority of the members of the board shall constitute a
quorum.
(n) The board shall hold at least one annual meeting. Other
meetings shall be held at the call of the chairperson, or upon the
written request of two members, at such time and place as
designated in the call or request.
§30-13A-5. Powers and duties of the board.
The board has all the powers and duties set forth in article one of this chapter and also the following powers and duties:
(1) Hold meetings, conduct hearings and administer
examinations and reexaminations;
(2) Set the requirements for a license, endorsement, surveyor-
in-charge and certificate of authorization;
(3) Establish qualifications for licensure and procedures for
submitting, approving and disapproving applications for a license,
endorsement and certificate of authorization;
(4) Examine the qualifications of any applicant for a license
and endorsement;
(5) Prepare, conduct, administer and grade examinations and
reexaminations required under the provisions of this article;
(6) Determine the passing grade for the examinations and
reexaminations required under the provisions of this article;
(7) Administer, or contract with third parties to administer,
the examinations and reexaminations required under the provisions
of this article;
(8) Maintain records of the examinations and reexaminations
the board or a third party administers, including the number of
persons taking the examination or reexamination and the pass and
fail rate;
(9) Maintain an accurate registry of names and addresses of
all licensees and endorsees;
(10) Maintain an accurate registry of names and addresses of firms holding a certificate of authorization;
(11) Establish the standards for surveys;
(12) Define the fees charged under the provisions of this
article;
(13) Issue, renew, deny, suspend, revoke or reinstate licenses
and endorsements, and discipline such persons;
(14) Issue, renew, deny, suspend, revoke or reinstate
certificates of authorization and discipline such firms;
(15) Establish and implement the continuing education
requirements for licensees and endorsees;
(16) Sue and be sued in its official name as an agency of this
state;
(17) Hire, set the job requirements for, fix the compensation
of and discharge investigators and the employees necessary to
enforce the provisions of this article;
(18) Investigate alleged violations of the provisions of this
article, the rules promulgated hereunder, and orders and final
decisions of the board;
(19) Conduct hearings upon charges calling for discipline of
a licensee, endorsee or certificate holder, or revocation or
suspension of a license, endorsement or certificate of
authorization;
(20) Set disciplinary action and issue orders;
(21) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the
provisions of this article; and
(22) Take all other actions necessary and proper to effectuate
the purposes of this article.
§30-13A-6. Rule-making authority.
(a) The board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code to implement the provisions of this
article, including:
(1) Setting the standards and requirements for licensure,
endorsement, surveyor-in-charge and certificate of authorization;
(2) Setting the procedure for examinations and reexaminations;
(3) Establishing requirements for third parties to administer
examinations and reexaminations;
(4) Establishing procedures for the issuance and renewal of a
license, endorsement and certificate of authorization;
(5) Setting a schedule of fees;
(6) Establishing and implementing requirements for continuing
education for licensees and endorsees;
(7) Evaluating the curriculum, experience and the
instructional hours required for a license and endorsement;
(8) Denying, suspending, revoking, reinstating or limiting the
practice of a licensee, endorsee or certificate holder;
(9) Establishing electronic signature requirements;
(10) Establishing minimum standards for surveys;
(11) Establishing a process to record plats;
(12) Establishing seal and document certification standards;
and
(13) Proposing any other rules or taking other action
necessary to effectuate the provisions of this article.
(b) All rules in effect on July 1, 2010, shall remain in
effect until they are amended, modified, repealed or replaced.
§30-13A-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines,
received by the board shall be deposited in a separate special
revenue fund in the State Treasury designated the "Board of
Professional Surveyors Fund" which fund is continued. The fund
shall be used by the board for the administration of this article.
Except as may be provided in section eleven, article one of this
chapter, the board shall retain the amounts in the special revenue
fund from year to year. No compensation or expense incurred under
this article is a charge against the General Revenue Fund.
(b) Any amounts received as fines imposed pursuant to this
article shall be deposited into the General Revenue Fund of the
State Treasury.
§30-13A-8. Education, experience and examination requirements for
a surveying license.
(a) Before a person may apply for a surveying license, the person must have completed one of the following educational,
experience and examination requirements:
(1) Has a four-year degree or a bachelor degree in surveying
approved by the board, which degree must include a minimum of
thirty hours of surveying or surveying-related courses, has passed
an examination in the fundamentals of land surveying, has two years
or more of experience in surveying in responsible charge, has
passed an examination in the principles and practice of land
surveying and has passed the West Virginia examination;
(2) Has a four-year degree or a bachelor degree, has completed
a minimum of thirty hours of surveying or surveying-related
courses, has passed an examination in the fundamentals of land
surveying, has four years or more of experience in surveying,
including two years of experience in responsible charge under the
direct supervision of a licensee or a person authorized in another
jurisdiction to engage in the practice of surveying, has passed an
examination in the principles and practice of land surveying and
has passed the West Virginia examination; or
(3) Has a two-year degree or an associate degree in surveying
or a related field approved by the board, which degree must include
a minimum of thirty hours of surveying or surveying-related
courses, has passed an examination in the fundamentals of land
surveying, has four years or more of experience in surveying,
including two years of experience in responsible charge under the direct supervision of a licensee or a person authorized in another
state or country to engage in the practice of surveying, has passed
an examination in the principles and practice of land surveying and
has passed the West Virginia examination.
(b) A person graduating from a two-year or four-year approved
surveying degree program with a grade point average of 3.0 or
higher is permitted to take the examination in the fundamentals of
land surveying during his or her final semester.
(c) A person must pass the examination in the fundamentals of
land surveying and complete the work experience before he or she is
allowed to take the examination in the principles and practice of
land surveying and the West Virginia examination.
(d) The examination in the fundamentals of land surveying, the
examination in the principles and practice of land surveying and
the West Virginia examination shall each be held at least once each
year at the time and place determined by the board. A person who
fails to pass all or any part of an examination may apply for
reexamination, as prescribed by the board, and shall furnish
additional information and fees as required by the board.
(e) A person who began the education, experience or
examination requirements and were approved by the board prior to
December 31, 2004, have until December 31, 2012, to complete such
requirements for licensure.
§30-13A-9. Surveying license requirements.
(a) The board shall issue a surveying license to an applicant
who meets the following requirements:
(1) Is of good moral character;
(2) Is at least eighteen years of age;
(3) Is a citizen of the United States or is eligible for
employment in the United States;
(4) Holds a high school diploma or its equivalent;
(5) Has not been convicted of a crime involving moral
turpitude; and
(6) Has completed all of one of the education, experience and
examination requirements set out in section eight of this article.
(b) An application for a surveying license shall be made on
forms provided by the board and include the following:
(1) Name and address of the applicant;
(2) Applicant's education and experience;
(3) Location and date of passage of all the examinations;
(4) Names of five persons for reference, at least three of
whom shall be licensees or persons authorized in another
jurisdiction to engage in the practice of surveying, and who have
knowledge of the applicant's work; and
(5) Any other information the board prescribes.
(c) An applicant shall pay all the applicable fees.
(d) A license to practice surveying issued by the board prior
to July 1, 2010, shall for all purposes be considered a license issued under this article: Provided, That a person holding a
license to practice surveying issued by the board prior to July 1,
2010, must renew the license pursuant to the provisions of this
article.
§30-13A-10. Scope of Practice.
(a) A licensee may measure a parcel of land and ascertain its
boundaries, corners and contents or make any other authoritative
measurements. The practice of surveying can be any of the
following, but not limited to:
(1) The performance of a boundary, cadastral, construction,
geodetic control, hydrographic, land, mortgage/loan inspection, oil
or gas well, partition, photogrammetry, retracement, subdivision or
surface mine survey; or
(2) The location, relocation, establishment, reestablishment,
laying out or retracement of any property line or boundary of any
parcel of land or of any road or utility right-of-way, easement,
strip or alignment or elevation of any fixed works by a licensed
surveyor.
(b) Activities that must be performed under the responsible
charge of a professional surveyor, unless specifically exempted in
subsection (c) of this section, include, but are not limited to,
the following:
(1) The creation of maps and georeferenced databases
representing authoritative locations for boundaries, the location of fixed works, or topography;
(2) Maps and georeferenced databases prepared by any person,
firm, or government agency where that data is provided to the
public as a survey product;
(3) Original data acquisition, or the resolution of conflicts
between multiple data sources, when used for the authoritative
location of features within the following data themes: geodetic
control, orthoimagery, elevation and hydrographic, fixed works,
private and public boundaries, and cadastral information;
(4) Certification of positional accuracy of maps or measured
survey data;
(5) Adjustment or authoritative interpretation of raw survey
data;
(6) Geographic Information System (GIS) - based parcel or
cadastral mapping used for authoritative boundary definition
purposes wherein land title or development rights for individual
parcels are, or may be, affected;
(7) Authoritative interpretation of maps, deeds, or other land
title documents to resolve conflicting data elements;
(8) Acquisition of field data required to authoritatively
position fixed works or cadastral data relative to geodetic
control; and
(9) Analysis, adjustment or transformation of cadastral data
of the parcel layer(s) with respect to the geodetic control layer within a GIS resulting in the affirmation of positional accuracy.
(c) The following items are not included as activities within
the practice of surveying:
(1) The creation of general maps:
(A) Prepared by private firms or government agencies for use
as guides to motorists, boaters, aviators, or pedestrians;
(B) Prepared for publication in a gazetteer or atlas as an
educational tool or reference publication;
(C) Prepared for or by education institutions for use in the
curriculum of any course of study;
(D) Produced by any electronic or print media firm as an
illustrative guide to the geographic location of any event; or
(E) Prepared by laypersons for conversational or illustrative
purposes. This includes advertising material and users guides.
(2) The transcription of previously georeferenced data into a
GIS or LIS by manual or electronic means, and the maintenance
thereof, provided the data are clearly not intended to indicate the
authoritative location of property boundaries, the precise
definition of the shape or contour of the earth, and/or the precise
location of fixed works of humans.
(3) The transcription of public record data, without
modification except for graphical purposes, into a GIS- or LIS-
based cadastre (tax maps and associated records) by manual or
electronic means, and the maintenance of that cadastre, provided the data are clearly not intended to authoritatively represent
property boundaries. This includes tax maps and zoning maps.
(4) The preparation of any document by any federal government
agency that does not define real property boundaries. This includes
civilian and military versions of quadrangle topographic maps,
military maps, satellite imagery, and other such documents.
(5) The incorporation or use of documents or databases
prepared by any federal agency into a GIS/LIS, including but not
limited to federal census and demographic data, quadrangle
topographic maps, and military maps.
(6) Inventory maps and databases created by any organization,
in either hard-copy or electronic form, of physical features,
facilities, or infrastructure that are wholly contained within
properties to which they have rights or for which they have
management responsibility. The distribution of these maps and/or
databases outside the organization must contain appropriate
metadata describing, at a minimum, the accuracy, method of
compilation, data source(s) and date(s), and disclaimers of use
clearly indicating that the data are not intended to be used as a
survey product.
(7) Maps and databases depicting the distribution of natural
resources or phenomena prepared by foresters, geologists, soil
scientists, geophysicists, biologists, archeologists, historians,
or other persons qualified to document such data.
(8) Maps and georeferenced databases depicting physical
features and events prepared by any government agency where the
access to that data is restricted by statute. This includes
georeferenced data generated by law enforcement agencies involving
crime statistics and criminal activities.
§30-13A-11. Exemptions from licensing.
(a) The following persons are exempt from licensure under the
provisions of this article:
(1) Any employee of a person or firm, when such employee is
engaged in the practice of land surveying exclusively for the
person or firm, by which employed, or, if a corporation, its
parents, affiliates or subsidiaries, and such person, firm,
association or corporation does not hold himself, herself or itself
out to the public as being engaged in the business of land
surveying.
(2) Any employee or officer of the United States, this state
or any political subdivision thereof, or their agents, when such
employee is engaged in the practice of land surveying exclusively
for such governmental unit: Provided, That each county surveyor of
lands first elected or first appointed after January 1, 2013,
pursuant to section 1, article IX of the West Virginia
Constitution, shall be a surveyor licensed pursuant to the
provisions of this article and such licensee shall be in good
standing.
(b) The minimum standards for surveys, established by the
board, apply notwithstanding the exemptions provided by this
section.
§30-13A-12. Surveyor intern requirements.
(a) To be recognized as a surveyor intern by the board, a
person must meet the following requirements:
(1) Is of good moral character;
(2) Is at least eighteen years of age;
(3) Is a citizen of the United States or is eligible for
employment in the United States;
(4) Holds a high school diploma or its equivalent;
(5) Has not been convicted of a crime involving moral
turpitude;
(6) Has completed one of the education requirements set out in
section eight of this article; and
(7) Has passed an examination in the fundamentals of land
surveying.
(b) A surveyor intern must pass the principles and practice of
land surveying examination and the West Virginia examination within
ten years of passing the fundamentals of land surveying
examination. If the examinations are not passed within ten years,
then the surveyor intern must retake the fundamentals of land
surveying examination.
§30-13A-13. License
from another state.
The board may issue a license to practice surveying in this
state to an applicant of good moral character who holds a valid
license or other authorization to practice surveying from another
state if the applicant demonstrates that:
(1) He or she or she holds a license or other authorization to
practice surveying in another state which was granted after
completion of educational, experience and examinations requirements
substantially equivalent to those required in this state;
(2) He or she is not currently being investigated by a
disciplinary authority of another state, does not have charges
pending against his or her license or other authorization to
practice surveying and has never had a license or other
authorization to practice surveying revoked;
(3) He or she has not previously failed an examination for
licensure in this state;
(4) He or she has paid all the applicable fees; and
(5) Has completed such other action as required by the board.
§30-13A-14. License, endorsement and certificate of authorization
renewal requirements.
(a) A licensee or endorsee wanting to continue in active
practice shall, annually or biennially, on or before July 1, renew
his or her license or endorsement and pay a renewal fee.
(b) A certificate holder wanting to continue in active
practice shall, annually or biennially, on or before January 1, renew the certificate and pay a renewal fee.
(c) The board shall charge a fee for each a renewal and a late
fee for any renewal not paid by the due date.
(d) The board shall require as a condition of renewal that
each licensee or endorsee complete continuing education.
(e) The board may deny an application for renewal for any
reason which would justify the denial of an original application
for a license, endorsement or certificate of authorization.
(f) The board may authorize the waiving of the renewal fee of
a licensee or endorsee during the period when he or she is on
active duty with any branch of the armed services.
§30-13A-15. Inactive license requirements.
(a) A licensee who does not want to continue in active
practice shall notify the board in writing and be granted inactive
status.
(b) A person granted inactive status shall pay an inactive fee
and is exempt from the continuing education requirements and cannot
practice in this state.
(c) When an inactive licensee wants to return to active
practice, he or she must complete all the continuing education
requirements and pay all the applicable fees as determined by the
board.
§30-13A-16. Delinquent and expired license requirements.
(a) If a license is not renewed when due, then the board shall automatically place the licensee on delinquent status.
(b) The fee for a person on delinquent status shall increase
at a rate, determined by the board, for each month or fraction
thereof that the renewal fee is not paid, up to a maximum of
thirty-six months.
(c) Within thirty-six months of being placed on delinquent
status, if a licensee wants to return to active practice, he or she
must complete all the continuing education requirements and pay all
the applicable fees as determined by the board.
(d) After thirty-six months of being placed on delinquent
status, a license is automatically placed on expired status and
cannot be renewed. A person whose license has expired must reapply
for a new license.
§30-13A-17. Retired license requirements.
(a) A licensee who does not want to continue practicing
surveying and who has chosen to retire shall notify the board in
writing and may be granted retired status.
(b) A person granted retired status shall be given the
honorific title of "Professional Surveyor, Retired" and cannot
practice in this state.
§30-13A-18. Requirements for when a person fails an examination.
(a) Any person failing any of the examinations for surveying
is not permitted to work as a licensed surveyor under the
provisions of this article until the person has passed all the examinations.
(b) A person failing the fundamentals of land surveying
examination may still gain experience as required in section eight
of this article until he or she passes the examination.
(c) A person who has passed the fundamentals of land surveying
examination, but failed the principles and practice examination or
West Virginia examination may only work as a surveyor intern under
the direct supervision of a licensee or a person authorized in
another jurisdiction to engage in the practice of surveying until
he or she passes all of the examinations.
§30-13A-19. Display of license, endorsement and certificate of
authorization.
(a) The board shall prescribe the form for a license,
endorsement and certificate of authorization and may issue a
duplicate license, endorsement and certificate of authorization
upon payment of a fee.
(b) A licensee, endorsee and certificate holder shall
conspicuously display his or her license, endorsement or
certificate of authorization at his or her principal place of
practice.
§30-13A-20. Certificate of authorization requirements.
(a) Each firm practicing surveying in West Virginia shall have
a certificate of authorization.
(b) The board shall issue a certificate of authorization to a firm that:
(1) Practices surveying in West Virginia;
(2) Provides proof that the firm has employed a surveyor-in-
charge;
(3) Has paid all applicable fees; and
(4) Completes such other requirements as specified by the
board.
§30-13A-21. Surveyor-in-charge requirements.
(a) A firm practicing surveying must operate all surveying
activities under the supervision and management of a surveyor-in-
charge who shall be a licensee who is licensed in this state.
(b) The designated surveyor-in-charge is responsible for the
surveying work in this state provided by the firm.
(c) A licensee cannot be designated as a surveyor-in-charge
for more than one firm without approval of the board.
(d) A licensee who performs part-time or consulting surveying
services for a firm cannot be designated as a surveyor-in-charge
for that firm unless the licensee is an officer, a majority
interest holder or owner of the firm.
(e) The responsibilities of a surveyor-in-charge include:
(1) Renewal of the certificate of authorization;
(2) Notification to the board of any change in the surveyor-
in-charge;
(3) Supervising the firm's employees, including licensees, and other personnel providing surveying services in this state; and
(4) Ensuring that the policies of the firm adhere to the
provisions of this article.
(f) The board may authorize a licensee to supervise the work
of an individual that is not an employee of the licensee, nor is
employed by the same firm as the licensee. The potential
supervisor must apply to the board for this authorization.
§30-13A-22.
Complaints; investigations; due process procedure;
grounds for disciplinary action.
(a) The board may upon its own motion based on credible
information, and shall upon the written complaint of any person,
cause an investigation to be made to determine whether grounds
exist for disciplinary action under this article.
(b) Upon initiation or receipt of the complaint, the board
shall provide a copy of the complaint to the licensee or
certificate holder.
(c) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee or certificate holder has violated this article.
(d) Upon a finding that probable cause exists that the
licensee or certificate holder has violated this article, the board
may enter into a consent decree or hold a hearing for the
suspension or revocation of the license or certificate of
authorization or the imposition of sanctions against the licensee or certificate holder. Any hearing shall be held in accordance
with the provisions of this article.
(e) Any member of the board or the executive secretary of the
board may issue subpoenas and subpoenas duces tecum to obtain
testimony and documents to aid in the investigation of allegations
against any person regulated by the article.
(f) Any member of the board or its executive secretary may
sign a consent decree or other legal document on behalf of the
board.
(g) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend, restrict or revoke the license or
certificate of authorization of, or impose probationary conditions
upon or take disciplinary action against, any licensee or
certificate holder for any of the following reasons once a
violation has been proven by a preponderance of the evidence:
(1) Obtaining a license or certificate of authorization by
fraud, misrepresentation or concealment of material facts;
(2) Being convicted of a felony or other crime involving moral
turpitude;
(3) Being guilty of unprofessional conduct which placed the
public at risk;
(4) Intentional violation of a lawful order or legislative
rule of the board;
(5) Having had a license or other authorization to practice revoked or suspended, or other disciplinary action taken by the
proper authorities of another jurisdiction;
(6) Aiding or abetting unlicensed practice; or
(7) Engaging in an act while acting in a professional capacity
which has endangered or is likely to endanger the health, welfare
or safety of the public.
(h) For the purposes of subsection (g) of this section,
disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Restrictions;
(4) Administrative fine, not to exceed $1,000 per day per
violation;
(5) Mandatory attendance at continuing education seminars or
other training;
(6) Practicing under supervision or other restriction; or
(7) Requiring the licensee or certificate holder to report to
the board for periodic interviews for a specified period of time.
(i) In addition to any other sanction imposed, the board may
require a licensee or certificate holder to pay the costs of the
proceeding.
§30-13A-23. Procedures for hearing.
(a) Hearings are governed by the provisions of section eight,
article one of this chapter.
(b) The board may conduct the hearing or elect to have an
administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law
judge, at the conclusion of a hearing he or she shall prepare a
proposed written order containing findings of fact and conclusions
of law. The proposed order may contain proposed disciplinary
actions if the board so directs. The board may accept, reject or
modify the decision of the administrative law judge.
(d) Any member or the executive secretary of the board has the
authority to administer oaths, examine any person under oath and
issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the board determines the licensee or
certificate holder has violated provisions of this article, a
formal written decision shall be prepared which contains findings
of fact, conclusions of law and a specific description of the
disciplinary actions imposed.
§30-13A-24. Judicial review.
Any licensee or certificate holder adversely affected by a
decision of the board entered after a hearing may obtain judicial
review of the decision in accordance with section four, article
five, chapter twenty-nine-a of this code, and may appeal any ruling
resulting from judicial review in accordance with article six,
chapter twenty-nine-a of this code.
§30-13A-25. Criminal proceedings; penalties.
(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a person has
knowingly violated the provisions of this article, the board may
bring its information to the attention of the appropriate law-
enforcement officer who may cause appropriate criminal proceedings
to be brought.
(b) If a court of law finds that a person knowingly violated
this article, any order of the board or any final decision of the
board, then the person is guilty of a misdemeanor and, upon
conviction thereof, shall be fined no less than one hundred dollars
and no more than one thousand dollars for each violation,
confinement in a regional correctional facility for up to thirty
days for each violation, or both fined and confined.
CHAPTER 39. RECORDS AND PAPERS.
ARTICLE 1. AUTHENTICATION AND RECORD OF WRITINGS.
§39-1-2a. Other requirements for admission to record of certain
instruments.
(a) In addition to the other requirements prescribed by law,
no instrument by which the title to real estate or personal
property, or any interest therein or lien thereon, is conveyed,
created, encumbered, assigned or otherwise disposed of, shall be
recorded or admitted to record, or filed by the county clerk unless
the name of the person who, and governmental agency, if any, which,
prepared such instrument appears at the conclusion of such instrument and such name is either printed, typewritten, stamped,
or signed in a legible manner:
Provided, That the recording or
filing of any instrument in violation of the provisions of this
section shall not invalidate or cloud the title passing by or under
such instrument or affect the validity of such instrument in any
respect whatever, and such recorded or filed instrument shall
constitute notice with like effect as if such instrument fully
complied with the provisions of this section. An instrument will
be in compliance with this section if it contains a statement in
the following form: "This instrument was prepared by (name)".
(b) This section does not apply to any instrument executed
prior to the effective date hereof; to any decree, order, judgment
or writ of any court; to any will or death certificate; to any
financing, continuation or termination statement permitted to be
filed under chapter forty-six of this code; or to any instrument
executed or acknowledged outside of this state.
(c) A survey document intended to be used in the transfer of
real property, prepared by a licensed surveyor, and filed with a
county clerk or accepted by a public official of this state shall
have the licensed surveyor's signature and seal or stamp affixed
thereto.
(d) If a survey document, prepared by a licensed surveyor, has
been altered from its original form, it shall not be filed with a
county clerk or accepted by a public official of this state, until the original licensed surveyor has initialed the changes.
(e) A document, plan, map, drawing, exhibit, sketch or
pictorial representation prepared by a person exempted under the
provisions of thirteen-a, chapter thirty of this code, is not
required to have the signature and seal affixed thereto.
(f) A document, plan, map, drawing, exhibit, sketch or
pictorial representation altered by a person not licensed under the
provisions of article thirteen-a, chapter thirty of this code,
shall have the alteration initialed by a surveyor licensed under
the provisions of article thirteen-a, chapter thirty of this code.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4450) was then read a third time and put upon its passage.
Prior to the call of the roll, Senator Sypolt moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: None.
Excused from voting: Sypolt--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4450) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
Eng. Com. Sub. for House Bill No. 4450--A Bill
to repeal §30-
13A-26, §30-13A-27, §30-13A-28, §30-13A-29, §30-13A-30, §30-13A-31,
§30-13A-32, §30-13A-33, §30-13A-34, §30-13A-35, §30-13A-36 and §30-
13A-37 of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto a new section, designated, §1-1-5; to
amend said code by adding thereto a new section, designated, §7-2-
8; to amend and reenact §30-13A-1, §30-13A-2, §30-13A-3, §30-13A-4,
§30-13A-5, §30-13A-6, §30-13A-7, §30-13A-8, §30-13A-9, §30-13A-10,
§30-13A-11, §30-13A-12, §30-13A-13, §30-13A-14, §30-13A-15, §30-
13A-16, §30-13A-17, §30-13A-18, §30-13A-19, §30-13A-20, §30-13A-21,
§30-13A-22, §30-13A-23, §30-13A-24 and §30-13A-25 of said code; and
to amend and reenact §39-1-2a of said code, all relating to
surveys; moving the West Virginia coordinate systems to another
chapter of the code; requiring a license to practice surveying;
requiring a certificate of authorization for a firm to practice
surveying; updating definitions; continuing the Board of
Professional Surveyors; changing the board composition; clarifying the powers and duties of the board; clarifying rule-making
authority; continuing a special revenue account; clarifying the
education and experience requirements for licensure; licensing
requirements; establishing scope of practice; providing exceptions
from licensure; clarifying surveyor intern requirements; licensing
requirements for persons licensed in another state; renewal
requirements; clarifying inactive license requirements; clarifying
procedures for delinquent and expired licenses; clarifying retired
license requirements; clarifying procedures for when a person fails
an examination; requiring display of a license, endorsement and
certification of authorization; clarifying certification of
authorization requirements; clarifying requirements for a surveyor-
in-charge; providing a due process procedure, grounds for
disciplinary action, hearing procedures, judicial review appeals of
decisions and cause for initiation of criminal proceedings;
clarifying criminal penalties; and updating requirements to record
a survey.
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. 4577, Relating to elevator
inspections and classifications of licensure.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D.
Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger,
Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (Eng. Com. Sub. for H. B. No. 4577) was then 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 section and
inserting in lieu thereof the following:
ARTICLE 3C. ELEVATOR SAFETY.
§21-3C-1. Definitions.
(1) "Accessibility equipment" means lifting devices designated
to remove access barriers in public buildings and private
residences for persons with physical challenges, including
residential and limited use/limited application elevators, vertical
platforms, inclined platform lifts and stairway chairlifts.
(1) (2) "Certificate of acceptance" means a certificate issued by the Division of Labor certifying that a newly installed elevator
has been inspected and was found to be installed in compliance with
the safety standards set forth in the American Society of
Mechanical Engineers Safety Code for Elevators and Escalators
(ASME) A17.1-3, "Safety Code for Elevators" and ASME A18.1, "Safety
Code for Platform Lifts and Stairway Chairlifts."
(2) (3) "Certificate of competency" means a certificate issued
by the Division of Labor certifying that an individual is qualified
to inspect elevators.
(3) (4) "Certificate of operation" means a certificate issued
by the Division of Labor certifying that an elevator has been
inspected and is safe for operation.
(4) (5) "Commissioner" means the Commissioner of the Division
of Labor.
(5) (6) "Division" means the Division of Labor.
(6) (7) "Division inspector" means an employee or contractor
of the division who has been examined and issued a certificate of
competency and who only inspects elevators in state owned
buildings.
(7) (8) "Elevator" means all the machinery, construction,
apparatus and equipment used in raising and lowering a car, cage or
platform vertically between permanent rails or guides and includes
all elevators, power dumbwaiters, escalators, gravity elevators and
other lifting or lowering apparatus permanently installed between rails or guides, but does not include hand operated dumbwaiters,
platform lifts for loading docks, manlifts of the platform type
with a platform area not exceeding nine hundred square inches,
construction hoists or other similar temporary lifting or lowering
apparatus.
(8) (9) "Elevator apprentice" means a person who meets the
requirements set forth in legislative rule promulgated pursuant to
this article.
(9) (10) "Elevator mechanic" means a person who possesses an
elevator mechanic's license in accordance with the provisions of
this article and who is engaged in the business of erecting,
constructing, installing, altering, servicing, repairing or
maintaining elevators or related conveyances covered by this
article.
(10) (11) "Freight elevator" means an elevator used for
carrying freight and on which only the operator, by the permission
of the employer, is allowed to ride.
(11) (12) "Inspector" means both a division inspector and a
private inspector.
(12) (13) "License" means a license issued to an elevator
mechanic pursuant to this article.
(13) (14) "Limited use/limited access Private residence
elevator" means a passenger elevator of which use is limited by
size, capacity, rise and speed, and access is limited by its location, by the requirement of a key for its operation or by other
restriction.
(14) (15) "Passenger elevator" means an elevator that is
designed to carry persons to its contract capacity.
(15) (16) "Private inspector" means a person who has been
examined and issued a certificate of competency to inspect
elevators within this state.
§21-3C-2a. Installation prohibited; exemptions; two-way
communication required; key required.
(a) On and after July 1, 2007, no limited use/limited access
private residence elevator may be installed in a nonresidential
settings unless the elevator: setting.
(1) Meets the specifications as set forth in the American
Society of Mechanical Engineers (ASME) Safety Code for Elevators
and Escalators A17.1 5.3 "Safety Code for Elevators";
(2) Has a method of two-way communication between the car and
each floor served by the elevator; and
(3) Is operated automatically.
(b) A limited use/limited access elevator which is in use on
the July 1, 2007, may continue in use so long as the elevator is
inspected annually in accordance with the legislative rule of the
division, and is issued a certificate of operation by the division.
A private residence elevator installed in a nonresidential setting
which was in use on July 1, 2007, may continue in use so long as the elevator:
(1) Meets the specifications as set forth in the American
Society of Mechanical Engineers (ASME) Safety Code for Elevators
and Escalators A17.1 5.3 "Safety Code for Elevators";
(2) Has a method of two-way communication between the car and
each floor served by the elevator;
(3) Is operated automatically; and
(4) Is inspected annually by an inspector and is issued a
certification of operation by the division.
(c) New residential elevators shall undergo an acceptance test
performed by an inspector, and the inspector shall file a report of
the test with the division.
(d) An elevator in a residential property shall be inspected
by an inspector when the residential property is transferred, and
the inspector shall file a report of the inspection with the
division.
§21-3C-10a. License requirements for elevator mechanics;
contractors license
required requirements; supervision of
elevator apprentices required requirements.
(a) On and after January 1, 2010, A person may not engage or
offer to engage in the business of erecting, constructing,
installing, altering, servicing, repairing or maintaining elevators
or related conveyances covered by this article in this state,
unless he or she has a license issued by the Commissioner of Labor in accordance with the provisions of this article.
(b) A person licensed under this article must:
(1) Have in his or her possession a copy of the license issued
pursuant to this article on any job on which he or she is
performing elevator mechanic work; and
(2) Be, or be employed by, a contractor licensed pursuant to
the provisions of article eleven, chapter twenty-one of this code
unless the work is performed by a historic resort hotel's regular
employees, for which the employees are paid regular wages and not
a contract price, on property owned or leased by the historic
resort hotel which is not intended for speculative sale or lease;
(c) To obtain a license a person must:
(1) Complete a four-year apprenticeship program, registered by
the United States Department of Labor, qualifying for a commercial
license;
(2) Complete a two-year apprenticeship program, registered by
the United States Department of Labor, qualifying for an
accessibility license. A person holding an accessibility license
may only perform work on accessibility equipment; or
(3) Complete a certified apprenticeship program, registered by
the United States Department of Labor established at a historic
resort hotel, qualifying for a limited technician license. A
person holding a limited technician license may only perform work
at a historic resort hotel.
(d) For the purposes of section, "historic resort hotel" has
the same meaning ascribed to it in section two, article twenty-
five, chapter twenty-nine of this code.
(c) (e) An elevator apprentice who is enrolled in a four-year
apprenticeship program approved by the commissioner, and who is in
good standing in the program, may work under the supervision of a
licensed elevator mechanic, as follows:
(d) (f) An apprentice who has not successfully completed the
equivalent of at least one year of the program may work only under
the direct supervision of a licensed elevator mechanic who is
present on the premises and available to the apprentice at all
times.
(2) An apprentice who has successfully completed the
equivalent of at least one year of the program may:
(A) Work under the direct supervision of a licensed elevator
mechanic as set forth in subdivision (1) of this subsection; and
(B) Perform the tasks set forth in this paragraph, only if
delegated by and performed under the general supervision of a
licensed elevator mechanic, who must, at a minimum, meet the
apprentice on the job at the beginning of each day to delegate the
specific tasks, and who remains responsible for the delegated
tasks:
(i) Oiling, cleaning, greasing and painting;
(ii) Replacing of combplate teeth;
(iii) Reclamping and fixture maintenance;
(iv) Inspection, cleaning and lubricating of hoistway doors,
car tops, bottoms and pits; and
(v) Observing operation of equipment.
§21-3C-11. Disposition of fees; legislative rules.
(a) The division shall propose rules for legislative approval
in accordance with the provisions of article three, chapter twenty-
nine-a of this code, for the implementation and enforcement of the
provisions of this article, which shall provide:
(1) Standards, qualifications and procedures for submitting
applications, taking examinations, and issuing and renewing
licenses, certificates of competency and certificates of operation
of the three licensure classifications set forth in section ten-a
of this article;
(2) Qualifications and supervision requirements for elevator
apprentices;
(3) Provisions for the granting of licenses without
examination, to applicants who present satisfactory evidence of
having the expertise required to perform work as defined in this
article and who apply for licensure on or before July 1, 2010:
Provided, That if a license issued under the authority of this
subsection subsequently lapses, the applicant may, at the
discretion of the commissioner, be subject to all licensure
requirements, including the examination;
(4) Provisions for the granting of emergency licenses in the
event of an emergency due to disaster, act of God or work stoppage
when the number of persons in the state holding licenses issued
pursuant to this article is insufficient to cope with the
emergency;
(5) Provisions for the granting of temporary licenses in the
event that there are no elevator mechanics available to engage in
the work of an elevator mechanic as defined by this article;
(6) Continuing education requirements;
(7) Reciprocity provisions;
(8) Procedures for investigating complaints and revoking or
suspending licenses, certificates of competency and certificates of
operation, including appeal procedures;
(9) Fees for testing, issuance and renewal of licenses,
certificates of competency and certificates of operation, and other
costs necessary to administer the provisions of this article;
(10) Enforcement procedures; and
(11) Any other rules necessary to effectuate the purposes of
this article.
(b) The rules proposed for promulgation pursuant to subsection
(a) of this section shall establish the amount of any fee
authorized pursuant to the provisions of this article: Provided,
That in no event may the fees established for the issuance of
certificates of operation exceed $50.
(c) All fees collected pursuant to the provisions of this
article shall be deposited in an appropriated special revenue
account hereby created in the State Treasury known as the "Elevator
Safety Fund" and expended for the implementation and enforcement of
this article: Provided, That amounts collected which are found
from time to time to exceed funds needed for the purposes set forth
in this article may be transferred to other accounts or funds and
redesignated for other purposes by appropriation of the
Legislature.
(d) The division may enter into agreements with counties and
municipalities whereby such counties and municipalities be
permitted to retain the inspection fees collected to support the
enforcement activities at the local level.
(e) The commissioner and his or her deputy commissioner or any
compliance officer of the division as authorized by the
commissioner may consult with engineering authorities and
organizations concerned with standard safety codes, rules and
regulations governing the operation, maintenance, servicing,
construction, alteration, installation and the qualifications which
are adequate, reasonable and necessary for the elevator mechanic
and inspector.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4577) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4577) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
Eng. Com. Sub. for House Bill No. 4577--
A Bill to amend and
reenact §21-3C-1, §21-3C-2a, §21-3C-10a and §21-3C-11 of the Code
of West Virginia, 1931, as amended, all relating to elevators;
exempting platform lifts from the definition of elevator;
prohibiting certain elevators from being installed in certain
settings; requiring inspections on certain elevators; creating
different classifications of licensure; and providing rule-making
authority to the division of labor.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4577) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
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
Senate Concurrent Resolution No. 61, Urging EPA not veto
Spruce Mine permit.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Green,
Chair.
Senator Kessler, 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 Joint Resolution No. 101, Commercial
and Industrial Tangible Personal Property Tax Exemption Amendment.
Now on second reading, having been read a first time and
rereferred to the Committee on the Judiciary on March 10, 2010;
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Finance.
Senator Bowman, 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. 3152, Athletic Trainers
Registration Act.
And has amended same.
Eng. Com. Sub. for House Bill No. 4140, Relating to the board of physical therapy.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4201, Creating the Livestock
Care Standards Board.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 3152, 4140 and
4201) contained in the preceding report from the Committee on
Government Organization were each taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4031, Providing flexibility
in the West Virginia public school support plan for funding
regional education service agencies.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. Com. Sub. H. B. No. 4031) contained in the
preceding report from the Committee on Education 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 Education pending.
Senator Helmick, 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. 4130, Creating the West
Virginia Supreme Court of Appeals Public Campaign Financing Pilot
Program.
With amendments from the Committee on the Judiciary pending:
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 8, 2010;
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4130) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, and by unanimous consent, the unreported
Judiciary committee amendment to the bill was withdrawn.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 1A. STATE ELECTION COMMISSION AND SECRETARY OF STATE.
§3-1A-1. Election commission continued; composition; chairperson;
per diem; traveling expense.
The "State Election Commission," heretofore created, is hereby
continued and on and after the effective date of this section shall
be is composed of the Secretary of State, and four persons
appointed by the Governor, by and with the advice and consent of
the Senate. The commission shall from this membership elect a
chairman for a term of two years. Each member of the commission
shall be reimbursed for all reasonable and necessary expenses actually incurred paid the per diem and expense reimbursement
established for the Legislature in section seven, article two-a,
chapter four of this code in the performance of his or her duties
as a member of the commission.
§3-1A-4. Office and meetings of commission.
(a) The office and place of meeting of the commission shall be
is the office of the Secretary of State in the State Capitol. The
commission may also conduct meetings via video, telephone or
Internet conferencing.
(b) The commission shall hold such meetings as may be called
by the chairman, the Governor or the Secretary of State.
§3-1A-5. Powers and duties of commission; legislative rules.
(a) The commission shall have has the power and duty to
approve or disapprove applications for approval of any voting
machine as provided in section seven, article four of this chapter.
(b) The commission also shall serve as a body advisory to the
Secretary of State, and, as such, shall have the following powers
and duties:
(1) To recommend policies and practices pertaining to the
registration of voters and the conduct of elections generally;
(2) To review the work of the office of Secretary of State
pertaining to the duties of that office with respect to elections,
and for this purpose to have access at reasonable times to
pertinent records, books, papers and documents;
(3) To consider and study the election practices of other
jurisdictions, with a view to determining the techniques used in
eliminating fraud in elections and in simplifying election
procedures;
(4) To advise or make recommendations to the Governor relative
to election practices and policy in the state; and
(5) To advise the Secretary of State on carrying out the
duties to which he or she is assigned pursuant to the West Virginia
Supreme Court of Appeals Public Campaign Financing Pilot Program,
established in article twelve of this chapter;
(6) To carry out the duties assigned to the commission by the
West Virginia Supreme Court of Appeals Public Campaign Financing
Pilot Program, established in article twelve of this chapter; and
(5) (7) To keep minutes of the transactions of each meeting of
the commission, which shall be public records and filed with the
Secretary of State.
(c) It shall be is the commission's further duty to prepare
and distribute in its name, within available appropriations and
upon the recommendation of the Secretary of State, nonpartisan
educational material to inform voters of the importance of voting,
to encourage voters to vote, to inform voters of election laws and
procedures, and to inform voters of the effect of any public
question, Constitutional amendment or bond issue that is to be
voted upon by all the voters of the state and that has been authorized to be placed upon the ballot by the Legislature, and
manuals to assist county commissions, ballot commissioners, circuit
and county clerks and other election officials in the proper
performance of their duties in the conduct of elections.
(d) The commission shall promulgate such propose for
promulgation emergency and legislative rules, in accordance with
the provisions of article three, chapter twenty-nine-a of this
code, as may be necessary to standardize and make effective the
administration of the provisions of article eight of this chapter,
and may promulgate such propose for promulgation other rules, in
accordance with the provisions of article three, chapter twenty-
nine-a of this code, relating to the conduct and administration of
elections as the commission may determine determines to be
advisable. All rules required or permitted to be promulgated by
the commission by the provisions of this section shall be submitted
on or before the first day of August, one thousand nine hundred
ninety-five, to the Legislature for review by the legislative rule-
making review committee and approval by the Legislature.
(e) Meetings of the commission conducted for the purpose of
confirming the initial eligibility of individual candidates to
receive public campaign financing under the West Virginia Supreme
Court of Appeals Public Campaign Financing Fund; the authorization
of supplemental distributions from the fund; and the candidate's
ability to receive supplemental distributions pursuant to the provisions of chapter twelve of this article are expressly exempted
from the public notice and public meeting requirements of article
nine-a, chapter six of this code.
ARTICLE 12. WEST VIRGINIA SUPREME COURT OF APPEALS PUBLIC
CAMPAIGN FINANCING PILOT PROGRAM.
§3-12-1. Short title.
This article is known as the "West Virginia Supreme Court of
Appeals Public Campaign Financing Pilot Program." The pilot
program begins with the exploratory period for the 2012 primary
election and continues through the 2012 general election.
§3-12-2. Legislative findings and declarations.
The Legislature finds and declares the following:
(1) Current campaign finance laws permit candidates to spend
unlimited amounts of money raised from private sources;
(2) Current campaign finance laws permit certain independent
parties to raise and spend unlimited amounts of money to influence
the outcome of elections;
(3) Over the last decade, fundraising and campaign
expenditures in elections for a seat on the Supreme Court of
Appeals have dramatically increased in West Virginia;
(4) In 2000, candidates running for a seat on the Supreme
Court of Appeals raised a total of $1.4 million;
(5) In 2004, candidates running for a seat on the Supreme
Court of Appeals raised a total of $2.8 million;
(6) In 2008, candidates running for a seat on the Supreme
Court of Appeals raised a total of $3.3 million;
(7) As spending by candidates and independent parties
increases, so does the perception that contributors and interested
third parties hold too much influence over the judicial process;
(8) The detrimental effects of spending large amounts by
candidates and independent parties are especially problematic in
judicial elections because impartiality is uniquely important to
the integrity and credibility of courts;
(9) An alternative public campaign financing option for
candidates running for a seat on the Supreme Court of Appeals will
ensure the fairness of democratic elections in this state, protect
the Constitutional rights of voters and candidates from the
detrimental effects of increasingly large amounts of money being
raised and spent to influence the outcome of elections, protect the
impartiality and integrity of the judiciary, and strengthen public
confidence in the judiciary; and
(10) Funding the "West Virginia Supreme Court of Appeals
Public Campaign Financing Pilot Program" from a wide range of
revenue sources furthers important state interests in protecting
the integrity of judicial elections and serves to protect the
public interest.
§3-12-3. Definitions.
As used in this article, the following terms and phrases have the following meanings:
(1) "Candidate's committee" means a political committee
established with the approval of or in cooperation with a candidate
or a prospective candidate to explore the possibilities of seeking
a particular office or to support or aid his or her nomination or
election to an office in an election cycle. If a candidate directs
or influences the activities of more than one active committee in
a current campaign, those committees shall be considered one
committee for the purpose of contribution limits.
(2) "Certified candidate" means an individual seeking election
to the West Virginia Supreme Court of Appeals who has been
certified in accordance with section ten of this article as having
met all of the requirements for receiving public campaign financing
from the fund.
(3) "Contribution" means a gift subscription, assessment,
payment for services, dues, advance, donation, pledge, contract,
agreement, forbearance or promise of money or other tangible thing
of value, whether conditional or legally enforceable, or a transfer
of money or other tangible thing of value to a person, made for the
purpose of influencing the nomination, election or defeat of a
candidate. An offer or tender of a contribution is not a
contribution if expressly and unconditionally rejected or returned.
A contribution does not include volunteer personal services
provided without compensation: Provided, That a nonmonetary contribution is to be considered at fair market value for reporting
requirements and contribution limitations.
(4) "Exploratory contribution" means a contribution of no more
than $1,000 made by an individual adult, including a participating
candidate and members of his or her immediate family, during the
exploratory period. Exploratory contributions may not exceed
$20,000 in the aggregate.
(5) "Exploratory period" means the period during which a
participating candidate may raise and spend exploratory
contributions to examine his or her chances of election and to
qualify for public campaign financing under this article. The
exploratory period begins on January 1 the year before the primary
in which the candidate may run for Justice of the Supreme Court of
Appeals and ends on the last Saturday in January of the election
year.
(6) "Financial agent" means any individual acting for and by
himself or herself, or any two or more individuals acting together
or cooperating in a financial way to aid or take part in the
nomination or election of any candidate for public office, or to
aid or promote the success or defeat of any political party at any
election.
(7) "Fund" means the Supreme Court of Appeals Public Campaign
Financing Fund created by section five of this article.
(8) "General election campaign period" means the period beginning the day after the primary election and ending on the day
of the general election.
(9) "Independent expenditure" means an expenditure by a
person:
(A) Expressly advocating the election or defeat of a clearly
identified candidate; and
(B) That is not made in concert or cooperation with or at the
request or suggestion of such candidate, his or her agents, the
candidate's authorized political committee or a political party
committee or its agents.
Supporting or opposing the election of a clearly identified
candidate includes supporting or opposing the candidates of a
political party. An expenditure which does not meet the criteria
for an independent expenditure is considered a contribution.
(10) "Immediate family" or "immediate family members" means
the spouse, parents, step-parents, siblings and children of the
participating candidate.
(11) "Nonparticipating candidate" means a candidate who is:
(A) Seeking election to the Supreme Court of Appeals;
(B) Is neither certified nor attempting to be certified to
receive public campaign financing from the fund; and
(C) Has an opponent who is a participating or certified
candidate.
(12) "Participating candidate" means a candidate who is seeking election to the Supreme Court of Appeals and is attempting
to be certified in accordance with section ten of this article to
receive public campaign financing from the fund.
(13) "Person" means an individual, partnership, committee,
association and any other organization or group of individuals.
(14) "Primary election campaign period" means the period
beginning on the first day of the primary election filing period,
as determined under section seven, article five of this chapter,
and ending on the day of the subsequent primary election.
(15) "Qualifying contribution" means a contribution received
from a West Virginia registered voter of not less than $1 nor more
than $100 in the form of cash, check or money order, made payable
to a participating candidate or the candidate's committee, or in
the form of an electronic payment or debit or credit card payment,
received during the qualifying period.
(16) "Qualifying period" means the period during which
participating candidates may raise and spend qualifying
contributions in order to qualify to receive public campaign
financing.
(A) For candidates seeking nomination on the primary election
ballot, the qualifying period begins on September 1 preceding the
election year and ends on the last Saturday in January of the
election year.
(B) For candidates, other than those nominated during the primary election, seeking to be placed on the general election
ballot, the qualifying period begins on June 1 of the election year
and ends on October 1 of the election year.
§3-12-4. Alternative public campaign financing option.
This article establishes an alternative public campaign
financing option available to candidates for election to the office
of Justice of the West Virginia Supreme Court of Appeals for the
2012 primary and general elections. Candidates electing the
alternative public campaign financing option shall comply with all
other applicable election and campaign laws and rules.
§3-12-5. Supreme Court of Appeals Public Campaign Financing Fund.
There is established in within the State Treasury a special
revenue fund to be known as the "Supreme Court of Appeals Public
Campaign Financing Fund" for the dual purpose of providing public
financing for the election campaigns of certified candidates under
the provisions of this article and of paying the administrative and
enforcement costs of the Secretary of State and State Election
Commission related to this article. All moneys collected under the
provisions of this article shall be deposited in the fund, which
shall be administered by the State Election Commission. Funds may
also be accepted from any gift, grant, bequest, endowment fund or
donation which may be received by the State Election Commission
from any person, firm, foundation or corporation. Any balance,
including accrued interest or other earnings in the fund at the end of any fiscal year do not revert to the General Revenue Fund, but
shall remain in the fund. Expenditures may be made from the fund
only for the purposes set forth in this article and in accordance
with the provisions of article three, chapter twelve of this code
and upon fulfillment of the provisions of article two, chapter
eleven-b of this code.
§3-12-6. Sources of revenue for the fund.
Revenue from the following sources shall be deposited in the
fund:
(1) All exploratory and qualifying contributions in excess of
the established maximums;
(2) Money returned by participating or certified candidates
who fail to comply with the provisions of this article;
(3) Unspent or unobligated moneys allotted to certified
candidates and remaining unspent or unobligated on the date of the
general election for which the money was distributed;
(4) If a certified candidate loses, all remaining unspent or
unobligated moneys after the primary election;
(5) Civil penalties levied by the State Election Commission
against candidates for violations of this article;
(6) Civil penalties levied by the Secretary of State pursuant
to section seven, article eight of this chapter;
(7) Voluntary donations made directly to the fund;
(8) Interest income;
(9) On or before July 1, 2010, and for two successive years
thereafter, the State Auditor shall authorize the transfer of the
amount of $1 million from the Purchasing Card Administration Fund
established in section ten-d, article three, chapter twelve of this
code to the fund created by this article; and
(10) Money appropriated to the fund.
§3-12-7. Declaration of intent.
A candidate desiring to receive campaign financing from the
fund shall first file a declaration of intent before the end of the
qualifying period and prior to collecting any qualifying
contributions. The declaration shall be on a form prescribed by
the State Election Commission and shall contain a statement that
the candidate is qualified to be placed on the ballot, and, if
elected, to hold the office sought and has complied with and will
continue to comply with all requirements of this article, including
contribution and expenditure restrictions. Contributions made
prior to the filing of the declaration of intent are not qualifying
contributions. Any contributions received by a candidate during
any precandidacy period which preceded the exploratory period which
remain unexpended at the time of the declaration of intent shall be
considered exploratory funds and subject to the limits and
provisions of section eight of this article.
§3-12-8. Exploratory period; contributions; expenditures.
(a) A participating candidate or his or her committee may not accept, spend or obligate exploratory contributions exceeding
$20,000 in the aggregate, during the exploratory period. At the
time the participating candidate formally declares his or her
intent to qualify for public campaign financing, in accordance with
section five of this article, any unexpended or undedicated
contributions received during any precandidacy period which
preceded the exploratory period shall be deemed to be exploratory
contributions for that candidate. The maximum individual
exploratory contribution which may be accepted from any person
including immediate family members is $1,000. A participating
candidate may loan, contribute or obligate up to $1,000 of his or
her own money for exploratory purposes. Any exploratory
contributions received by the participating candidate in excess of
$20,000 in the aggregate shall be sent to the Election Commission
for deposit in the fund.
(b) Each exploratory contribution shall be acknowledged by a
written receipt. Receipts for exploratory contributions of $250 or
more during an election cycle shall include the contributor's name,
residence and mailing address, business affiliation and occupation.
Receipts for exploratory contributions of less than $250 shall
include the contributor's name and the amount of the contribution,
and otherwise comport with the disclosure and reporting
requirements of section five-a, article eight of this chapter.
(c) An exploratory contribution from one person may not be made in the name of another person.
(d) At the beginning of each month a participating or
certified candidate or his or her financial agent shall report all
exploratory contributions, expenditures and obligations along with
all receipts for contributions received during the prior month to
the Secretary of State. Such reports shall be filed
electronically: Provided, That a committee may apply for an
exemption in case of hardship pursuant to subsection (c) of section
five-b, article eight of this chapter. If the candidate decides
not to run for office all unspent or unobligated exploratory
contributions shall be sent to the State Election Commission for
deposit in the fund. If the candidate decides to run for office as
a nonparticipating candidate the unspent or unobligated exploratory
contributions shall be used in accordance with articles eight and
twelve of this chapter.
§3-12-9. Qualifying contributions.
(a) A participating candidate or his or her candidate's
committee may not accept more than one qualifying contribution from
a single individual. A qualifying contribution may not be less
than $1 nor more than $100. To be considered as a proper
qualifying contribution, the qualifying contribution must be made
by a registered West Virginia voter. A participating candidate
shall collect qualifying contributions which in the aggregate are
not less than $35,000 nor more than $50,000. Qualifying contributions in excess of $50,000 shall be sent to the State
Election Commission for deposit in the fund.
(b) Each qualifying contribution shall be acknowledged by a
written receipt that includes:
(1) The printed name of the participating candidate on whose
behalf the contribution is made and the signature of the person who
collected the contribution for the candidate or his or her
candidate's committee;
(2) For qualifying contributions of $25 or more, the
contributor's signature, printed name, street address, zip code,
telephone number, occupation and name of employer; and for
qualifying contributions of less than $25, the contributor's
signature, printed name, street address and zip code;
(3) A statement above the contributor's signature that:
(A) The contributor understands the purpose of the
contribution is to assist the participating candidate in obtaining
public campaign financing;
(B) The contribution was made without coercion;
(C) The contributor has not been reimbursed, received or
promised anything of value for making the contribution; and
(4) One copy of the receipt shall be given to the contributor,
one copy shall be retained by the candidate and one copy shall be
sent by the candidate to the Secretary of State. A contribution
which is not acknowledged by a written receipt in the form required by this subsection is not a qualifying contribution.
(c) During the qualifying period, a participating candidate or
his or her candidate's committee must obtain at least five hundred
qualifying contributions from registered West Virginia voters. A
minimum of ten percent of the total number of qualifying
contributions received by the candidate must be from each of the
state's congressional districts.
(d) A participating candidate and each member of the
candidate's immediate family who is a registered voter in this
state may each make one qualifying contribution. A participating
candidate may not use any other personal funds to satisfy the
qualifying contributions requirements.
(e) A participating candidate may not reimburse, give or
promise anything of value in exchange for a qualifying
contribution.
(f) At the beginning of each month, a participating or
certified candidate or his or her financial agent or committee
shall report all qualifying contributions, expenditures and
obligations along with all receipts for contributions received
during the prior month to the Secretary of State. Such reports
shall be filed electronically: Provided, That a committee may
apply for an exemption in case of hardship pursuant to subsection
(c) of section five-b, article eight of this chapter. If the
candidate decides not to run for office, all unspent or unobligated qualifying contributions shall be sent to the State Election
Commission for deposit in the fund. If the candidate decides to
run for office as a nonparticipating candidate, the unspent or
unobligated qualifying contributions shall be used in accordance
with articles eight and twelve of this chapter.
(g) All qualifying contributions collected and all
expenditures by a participating candidate or his or her committee
shall be reported to the Secretary of State no later than two
business days after the close of the qualifying period.
§3-12-10. Certification of candidates.
(a) To be certified, a participating candidate shall apply to
the State Election Commission for public campaign financing from
the fund and file a sworn statement that he or she has complied and
will comply with all requirements of this article throughout the
applicable campaign.
(b) Upon receipt of a notice from the Secretary of State that
a participating candidate has received the required number and
amount of qualifying contributions, the State Election Commission
shall determine whether the candidate or candidate's committee:
(1) Has signed and filed a declaration of intent as required
by section seven of this article;
(2) Has obtained the required number and amount of qualifying
contributions as required by section nine of this article;
(3) Has complied with the contribution restrictions of this article;
(4) Is eligible, as provided in section nine, article five of
this chapter, to appear on the primary or general election ballot;
and
(5) Has met all other requirements of this article.
(c) The State Election Commission shall process applications
in the order they are received and shall verify a participating
candidate's compliance with the requirements of subsection (b) of
this section by using the verification and sampling techniques
approved by the State Election Commission.
(d) The State Election Commission shall determine whether to
certify a participating candidate as eligible to receive public
campaign financing no later than three business days after the
candidate or the candidate's committee makes his or her final
report of qualifying contributions or, if a challenge is filed
under subsection (g) of this section, no later than six business
days after the candidate or the candidate's committee makes his or
her final report of qualifying contributions. A certified
candidate shall comply with the provisions of this article through
the general election campaign period.
(e) No later than two business days after the State Election
Commission certifies that a participating candidate is eligible to
receive public campaign financing under the provisions of this
section, the State Election Commission, acting in concert with the State Auditor's office and the State Treasurer's office, shall
cause a check to be issued to the candidate's campaign depository
account an amount equal to the initial public campaign financing
benefit for which the candidate qualifies under section eleven of
this article, minus the candidate's qualifying contributions, and
shall notify all other candidates for the same office of its
determination.
(f) If the candidate desires to receive public financing
benefits by electronic transfer, the candidate shall include in his
or her application sufficient information and authorization for the
State Treasurer to transfer payments to his or her campaign
depository account.
(g) Any person may challenge the validity of any contribution
listed by a participating candidate by filing a written challenge
with the State Election Commission setting forth any reason why the
contribution should not be accepted as a qualifying contribution.
If a contribution is challenged under this subsection, the State
Election Commission shall decide the validity of the challenge no
later than the end of the next business day after the day that the
challenge is filed, unless the State Election Commission determines
that the candidate whose contribution is challenged has both a
sufficient qualifying number and amount of qualifying contributions
to be certified as a candidate under this section without
considering the challenge. Within five business days of a challenge, the candidate or candidate's committee who listed any
contribution that is the subject of a challenge may file a report
with the State Election Commission of an additional contribution
collected pursuant to section nine of this article for
consideration as a qualifying contribution.
(h) A candidate's certification and receipt of public campaign
financing may be revoked by the State Election Commission, if the
candidate violates any of the provisions of this article. A
certified candidate who violates the provisions of this article
shall repay all moneys received from the fund to the State Election
Commission.
(i) The determination of any issue before the State Election
Commission is the final administrative determination. Any meetings
conducted by the State Elections Commission to certify a
candidate's initial eligibility to receive funds under this
article, or their eligibility to receive supplemental funds or
rescue funds under section eleven of this article shall not be
subject the public notice and open meeting requirements of article
nine-a, chapter six of this Code, but the Commission shall
concurrently provide public notice of any decision and
determination it makes which impacts the candidate's eligibility to
receive initial funds or supplemental funds pursuant to the
provisions of this article. Any person adversely affected by a
decision of the State Election Commission under the provisions of this article may appeal that decision to the circuit court of
Kanawha County.
(j) A candidate may withdraw from being a certified candidate
and become a nonparticipating candidate at any time with the
approval of the State Election Commission. Any candidate seeking
to withdraw shall file a written request with the State Election
Commission, which shall consider requests on a case-by-case basis.
No certified candidate may withdraw until he or she has repaid all
moneys received from the fund: Provided, That the State Election
Commission may, in exceptional circumstances, waive the repayment
requirement. The State Election Commission may assess a penalty
not to exceed $10,000 against any candidate who withdraws without
approval.
§3-12-11. Schedule and amount of Supreme Court of Appeals Public
Campaign Financing Fund payments; additional funds.
(a) The State Election Commission, acting in concert with the
State Auditor's office and the State Treasurer's office, shall have
a check issued within two business days after the date on which the
candidate is certified, to make payments from the fund for the 2012
primary election campaign period available to a certified
candidate.
(1) In a contested primary election, a certified candidate
shall receive $200,000 in initial campaign financing from the fund,
minus the certified candidate's qualifying contributions.
(2) In an uncontested primary election, a certified candidate
shall receive $50,000 from the public campaign financing fund,
minus the certified candidate's qualifying contributions.
(b) Within two business days after the primary election
results are certified by the Secretary of State, the State Election
Commission, acting in concert with the State Auditor's office and
the State Treasurer's office, shall cause a check to be issued to
make initial payments from the fund for the 2012 general election
campaign period available to a certified candidate.
(1) In a contested general election, a certified candidate may
receive from the fund an amount not to exceed $350,000.
(2) In an uncontested general election, a certified candidate
shall receive $35,000 from the public campaign financing fund.
(c) The State Election Commission shall authorize the
distribution of initial campaign financing moneys to certified
candidates in equal amounts. The commission shall propose a
legislative rule on distribution of funds.
(d) The State Election Commission may not authorize or direct
the distribution of moneys to certified candidates in excess of the
total amount of money deposited in the fund pursuant to section six
of this article. If the commission determines that the money in
the fund is insufficient to totally fund all certified candidates,
the commission shall authorize the distribution of the remaining
money proportionally, according to each candidate's eligibility for funding. Each candidate may raise additional money in the same
manner as a nonparticipating candidate for the same office up to
the unfunded amount of the candidate's eligible funding.
(e) If the commission determines from any reports filed
pursuant to this chapter or by other reliable and verifiable
information obtained through investigation that a nonparticipating
candidate's campaign expenditures or obligations, in the aggregate,
have exceeded by twenty percent the initial funding available under
this section any certified candidate running for the same office,
the commission shall authorize the release of additional funds in
the amount of the reported excess to any opposing certified
candidate for the same office.
(f) If the State Election Commission determines from any
reports filed pursuant to this chapter or by other reliable and
verifiable information obtained through investigation that
independent expenditures on behalf of a nonparticipating candidate,
either alone or in combination with the nonparticipating
candidate's campaign expenditures or obligations, have exceeded by
twenty percent the initial funding available under this section to
any certified candidate running for the same office, the commission
shall authorize the release of additional funds in the amount of
the reported excess to any certified candidate who is an opponent
for the same office.
(g) If the commission determines from any reports filed pursuant to this chapter or by other reliable and verifiable
information obtained through investigation that independent
expenditures on behalf of a certified candidate, in combination
with the certified candidate's campaign expenditures or
obligations, exceed by twenty percent the initial funding available
under this section to any certified candidate running for the same
office, the State Election Commission shall authorize the release
of additional funds in the amount of the reported excess to any
other certified candidate who is an opponent for the same office.
(h) Additional funds released under this section to a
certified candidate may not exceed $400,000 in a primary election
and $700,000 in a general election.
(i) In the event the commission determines that additional
funds beyond the initial distribution are to be released to a
participating candidate pursuant to the provisions of the section,
the commission, acting in concert with the State Auditor's office
and the State Treasurer's office, shall cause a check for any such
funds to be issued to the candidate's campaign depository within
two business days.
§3-12-12. Restrictions on contributions and expenditures.
(a) A certified candidate or his or her committee may not
accept loans or contributions from any private source, including
the personal funds of the candidate and the candidate's immediate
family, during the primary or general election campaign periods except as permitted by this article.
(b) After filing the declaration of intent and during the
qualifying period, a participating candidate may not spend or
obligate more than he or she has collected in exploratory and
qualifying contributions. After the qualifying period and through
the general election campaign period, a certified candidate may
spend or obligate any unspent exploratory or qualifying
contributions and the moneys he or she receives from the fund under
the provisions of section eleven of this article.
(c) A participating or certified candidate may expend
exploratory and qualifying contributions and funds received from
the fund only for lawful election expenses as provided in section
nine, article eight of this chapter. Moneys distributed to a
certified candidate from the fund may be expended only during the
primary and general election campaign period for which funds were
dispersed. Money from the fund may not be used:
(1) In violation of the law;
(2) To repay any personal, family or business loans,
expenditures or debts; or
(3) To help any other candidate.
(d) A certified candidate or his or her committee shall return
to the fund any unspent and unobligated exploratory contributions,
qualifying contributions or moneys received from the fund within
forty-eight hours after:
(1) The date on which the candidate ceases to be certified; or
(2) The date on which the individual loses the primary
election or otherwise ceases to be a candidate.
(e) Funds remaining unspent or unobligated after the close of
the primary election campaign period may be retained by the
candidate for use during the general election campaign period but
shall be deducted from the amount the candidate is eligible to
receive under subsection (b), section eleven of this article.
(f) A certified candidate or his or her committee shall return
to the fund any unspent or unobligated public campaign financing
funds no later than five business days after the general election.
(g) A contribution from one person may not be made in the name
of another person.
(h) A participating or certified candidate or his or her
committee receiving qualifying contributions or exploratory
contributions from a person not listed on the receipt required by
sections eight and nine of this article is liable to the State
Election Commission for the entire amount of that contribution and
any applicable penalties.
(i) A certified candidate accepting any benefits under the
provisions of this article shall continue to comply with all of its
provisions throughout the primary election campaign period and
general election campaign period.
(j) A participating or certified candidate or his or her financial agent shall provide the Secretary of State with all
requested campaign records, including all records of exploratory
and qualifying contributions received and campaign expenditures and
obligations, and shall fully cooperate with any audit of campaign
finances requested or authorized by the State Election Commission.
§3-12-13. Reporting requirements.
(a) Participating candidates, certified candidates and
nonparticipating candidates shall comply with the provisions of
this section in addition to any other reporting required by the
provisions of this chapter.
(b) During the exploratory and qualifying periods, a
participating candidate or his or her financial agent shall submit,
on the first of each month, a report of all exploratory and
qualifying contributions along with their receipts and an
accounting of all expenditures and obligations received during the
immediately preceding month. The reports shall be on forms or in
a format prescribed by the Secretary of State. Such reports shall
be filed electronically: Provided, That a committee may apply for
an exemption, in case of hardship, pursuant to subsection (c) of
section five-b, article eight of this chapter.
(c) No later than two business days after the close of the
qualifying period, a participating candidate or his or her
financial agent shall report to the Secretary of State on
appropriate forms a summary of:
(1) All exploratory contributions received and funds expended
or obligated during the exploratory period together with copies of
any receipts not previously submitted for exploratory
contributions; and
(2) All qualifying contributions received and funds expended
or obligated during the qualifying period together with copies of
any receipts not previously submitted for qualifying contributions.
(d) A certified candidate or his or her financial agent shall
file periodic financial statements in accordance with section five,
article eight of this chapter, detailing all funds received,
expended or obligated during the specified periods. The reports
shall be on forms approved by the Secretary of State.
(e) In addition to any other reporting required by this
chapter, a nonparticipating candidate or his or her financial agent
shall report to the Secretary of State on approved forms an
itemized summary of his or her campaign expenditures or
obligations, according to the following provisions and guidelines:
(1) On the first Saturday in March or within six days
thereafter, listing the nonparticipating candidate's expenditures
and obligations prior to March 1, if the nonparticipating
candidate's campaign expenditures or obligations, in the aggregate,
exceed the initial funding available under section eleven of this
article to any certified candidate for the same office.
(2) On the first Saturday in April, listing any expenditures or obligations, in the aggregate, that exceed the initial funding
available under section eleven of this article to any certified
candidate running for the same office and which have taken place
subsequent to those reported on the financial statement required to
be filed by a candidate for public office pursuant to subdivision
(1), subsection (b), section five, article eight of this chapter.
Thereafter, any additional expenditures or obligations, in the
aggregate, that exceed the initial funding available under section
eleven of this article to any certified candidate running for the
same office made prior to the fifteenth day before the primary
election shall be reported to the Secretary of State within forty-
eight hours.
(3) On the first Saturday in July or within six days
thereafter, listing the nonparticipating candidate's expenditures
and obligations prior to July 1 subsequent to the primary election,
if the nonparticipating candidate's expenditures or obligations, in
the aggregate, exceed the initial funding available under section
eleven of this article to any certified candidate running for the
same office.
(4) On the first Saturday in October, listing any expenditures
or obligations, in the aggregate, that exceed the initial funding
available under section eleven of this article to any certified
candidate running for the same office and which have taken place
subsequent to those reported on the financial statement required to be filed by a candidate for public office pursuant to subdivision
(4), subsection (b), section five, article eight of this chapter.
Thereafter, any additional expenditures or obligations, in the
aggregate, that exceed the initial funding available under section
eleven of this article to any certified candidate running for the
same office made prior to the fifteenth day before the general
election shall be reported to the State Election Commission within
forty-eight hours.
(5) During the last fifteen days before the primary or general
elections in 2012, the nonparticipating candidate or his or her
financial agent shall report to the State Election Commission
within twenty-four hours thereof every additional expenditure or
obligation, in the aggregate, that exceeds the initial funding
available under section eleven of this article to any certified
candidate running for the same office.
(f) Any person, organization or entity making independent
expenditures advocating the election or defeat of a certified
candidate or the nomination or election of any candidate who is
opposed by a certified candidate in excess of $1,000, in the
aggregate, shall report these expenditures to the State Election
Commission on approved forms within forty-eight hours of the
expenditure.
(g) During the last fifteen days before the primary or general
election in 2012, any person, organization or entity making independent expenditures advocating the election or defeat of any
candidate, including the election or defeat of a certified
candidate or the nomination or election of any candidate who is
opposed by a certified candidate, shall continue to file reports as
required pursuant to subsection (b), section two, article eight of
this chapter.
§3-12-14. Duties of the State Election Commission; Secretary of
State.
(a) In addition to its other duties, the State Election
Commission shall carry out the duties of this article and complete
the following as applicable:
(1) Prescribe forms for reports, statements, notices and other
documents required by this article;
(2) Make an annual report to the Legislature accounting for
moneys in the fund, describing the State Election Commission's
activities and listing any recommendations for changes of law,
administration or funding amounts;
(3) Propose emergency and legislative rules for legislative
approval, in accordance with the provisions of article three,
chapter twenty-nine-a of this code, as may be necessary for the
proper administration of the provisions of this article;
(4) Enforce the provisions of this article to ensure that
moneys from the fund are placed in candidate campaign accounts and
spent as specified in this article;
(5) Monitor reports filed pursuant to this article and the
financial records of candidates to ensure that qualified candidates
receive matching funds promptly and to ensure that moneys required
by this article to be paid to the fund are deposited in the fund;
(6) Cause an audit of the fund to be conducted by independent
certified public accountants ninety days after a general election.
The State Election Commission shall cooperate with the audit,
provide all necessary documentation and financial records to the
auditor and maintain a record of all information supplied by the
audit;
(7) In consultation with the State Treasurer and the State
Auditor, develop a rapid, reliable method of conveying funds to
certified candidates. In all cases, the commission shall
distribute funds to certified candidates in a manner that is
expeditious, ensures accountability and safeguards the integrity of
the fund; and
(8) Regularly monitor the receipts, disbursements, obligations
and balance in the fund to determine whether the fund will have
sufficient moneys to meet its obligations and sufficient moneys
available for disbursement during the general election campaign
period.
(b) In addition to his or her other duties, the Secretary of
State shall carry out the duties of this article and complete the
following as applicable:
(1) Prescribe forms for reports, statements, notices and other
documents required by this article;
(2) Prepare and publish information about this article and
provide it to potential candidates and citizens of this state;
(3) Prepare and publish instructions setting forth methods of
bookkeeping and preservation of records to facilitate compliance
with this article and to explain the duties of candidates and
others participating in elections under the provisions of this
article;
(4) Propose emergency and legislative rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code as may be necessary for the
proper administration of the provisions of this article;
(5) Enforce the provisions of this article to ensure that
moneys from the fund are placed in candidate campaign accounts and
spent as specified in this article;
(6) Monitor reports filed pursuant to this article and the
financial records of candidates to ensure that qualified candidates
receive matching funds promptly and to ensure that moneys required
by this article to be paid to the fund are deposited in the fund;
(7) Ensure public access to the campaign finance reports
required pursuant to this article, and whenever possible, use
electronic means for the reporting, storing and display of the
information; and
(8) Prepare a voters' guide for the general public listing the
names of each candidate seeking election to the Supreme Court of
Appeals. Both certified and nonparticipating candidates shall be
invited by the State Election Commission to submit a statement, not
to exceed five hundred words in length, for inclusion in the guide.
The guide shall identify the candidates that are certified
candidates and the candidates that are nonparticipating candidates.
Copies of the guide shall be posted on the website of the Secretary
of State, as soon as may be practical.
(c) To fulfill their responsibilities under this article, the
State Election Commission and the Secretary of State may subpoena
witnesses, compel their attendance and testimony, administer oaths
and affirmations, take evidence and require, by subpoena, the
production of any books, papers, records or other items material to
the performance of their duties or the exercise of their powers.
(d) The State Election Commission may also propose and adopt
procedural rules to carry out the purposes and provisions of this
article and to govern procedures of the State Election Commission
as it relates to the requirements of this article.
§3-12-15. Criminal penalties.
(a) A participating or certified candidate who, either
personally or through his or her committee, knowingly accepts
contributions or benefits in excess of those allowed under this
article, spends or obligates funds in excess of the public campaign financing funding to which he or she is entitled or uses the
benefits or funding for a purpose other than those permitted under
this article is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $50 nor more than $500, or
confined in jail for up to thirty days or both.
(b) A participating or certified candidate who, either
personally or through his or her committee or financial agent,
provides false information to, or conceals or withholds information
from, the State Election Commission or the Secretary of State is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $1,000 nor more than $10,000, or confined in
jail for up to one year or both.
§3-12-16. Civil penalties.
(a) If a participating or certified candidate or his or her
committee or financial agent unintentionally accepts contributions
from a private source in violation of the provisions of this
article or spends or obligates to spend more than the amount of
public financing money he or she is eligible to receive from the
fund pursuant to section eleven of this article, the State Election
Commission may order the candidate to pay to the State Election
Commission an amount equal to the amount of the contribution,
expenditure or obligation.
(b) If a participating or certified candidate or his or her
committee or financial agent intentionally accepts contributions from a private source in violation of this article or spends or
obligates more than the amount of public campaign financing he or
she is eligible to receive from the fund, the State Election
Commission shall order the candidate to pay to the State Election
Commission an amount equal to ten times the amount of the
contribution, expenditure or obligation. The candidate shall pay
the civil penalty authorized under this subsection within seven
days of receipt of written notice from the State Election
Commission of the imposition of the penalty.
(c) If a participating or certified candidate fails to pay any
moneys required to be paid to the State Election Commission or
returned to the fund under this article, the State Election
Commission may order the candidate to pay an amount equal to three
times the amount that should have been paid to the State Election
Commission or returned to the fund.
(d) In addition to any other penalties imposed by law, the
State Election Commission may impose a civil penalty for a
violation by or on behalf of any candidate of any reporting
requirement imposed by this article in the amount of $100 a day.
The penalty shall be doubled if the amount not reported for a
specific election exceeds ten percent of the initial amount of
public financing available to a certified candidate in a primary or
general election pursuant to section eleven of this article.
(e) All penalties collected by the State Election Commission pursuant to this section shall be deposited into the fund. The
candidate and the candidate's campaign account are jointly and
severally responsible for the payment of any penalty imposed
pursuant to this section.
§3-12-17. Expiration of article.
The provisions of this article shall have no force or effect
on or after July 1, 2013. Any moneys remaining in the fund on July
1, 2013, shall be transferred to the General Revenue Fund.
The bill (Eng. Com. Sub. for H. B. No. 4130), as amended, was
then ordered to third reading.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4145, Providing services and
facilities to assist student veterans at state institutions of
higher education.
With amendments from the Committee on Military pending;
Now on second reading, having been read a first time and
referred to the Committee on Education on March 8, 2010;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Military to which the bill was
first referred.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4145) contained in
the preceding report from the Committee on Education was taken up
for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on
Military, was reported by the Clerk and adopted:
On page five, section nine, line seventy-two, by striking out
the word "corroborative" and inserting in lieu thereof the word
"collaborative".
The bill (Eng. Com. Sub. for H. B. No. 4145), as amended, was
then ordered to third reading.
Senator Helmick, 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. 4248, Relating to the
solicitation of charitable funds.
With an amendment from the Committee on the Judiciary pending;
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 9, 2010;
And reports the same back with the recommendation that it do
pass as amended by the Committee on the Judiciary to which the bill
was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4248) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page two, section two, line seven, after the word
"principles" by inserting the words "issued by the American
Institute of Certified Public Accountants".
The bill (Eng. Com. Sub. for H. B. No. 4248), as amended, was
then ordered to third reading.
Senator Kessler, 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. 4281, Replacing references
to "mental retardation" with "intellectual disability".
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4281) 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 Kessler, 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. 4354, Relating to conditions
and arrests in domestic violence matters.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4354) 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 Kessler, 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. 4486, Relating to tax tickets and other required notifications concerning property taxes.
And reports the same back without recommendation as to
passage.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4486) 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.
On motion of Senator Kessler, the bill was rereferred to the
Committee on the Judiciary.
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. 4513, Establishing
requirements for Marcellus gas well operations use of water
resources.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Energy, Industry and Mining on March
9, 2010;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Mike Green,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4521, Creating a sales tax holiday for
purchases of guns and ammunition.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 4521) 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 Bowman, 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. 4525, Changing the
composition, powers and responsibilities of the board of Coal Mine
Health and Safety.
With an amendment from the Committee on Energy, Industry and
Mining pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Government Organization in prior
proceedings today;
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Government Organization.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Kessler, 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. 4527, Limiting the liability
of apiary owners and operators.
With an amendment from the Committee on Agriculture pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4527) 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 Kessler, 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. 4531, Mandating that
shackling of pregnant women who are incarcerated is not allowed
except in extraordinary circumstances.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4531) 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4593, Relating to high school graduation
improvement.
With amendments from the Committee on Education pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 4593) 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 Kessler, 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. 4604, Increasing the
criminal penalties for persons who obstruct, flee from or make
false statements to law-enforcement officers.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4604) 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 Kessler, 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. 4647, Relating to the
regulation and control of elections.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4647) 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.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and
resumed business under the fourth order.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4177, Dedicating five percent of coal
severance tax to the county of origin.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 4177) 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.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Unger, the name of Senator Unger was removed as a sponsor of Senate Bill No. 239 (Authorizing DEP
promulgate legislative rule relating to requirements governing
groundwater standards), Senate Bill No. 241 Authorizing
Commissioner of Agriculture promulgate legislative rule relating to
animal disease control), Senate Bill No. 242 (Authorizing
Commissioner of Agriculture promulgate legislative rule relating to
integrated pest management programs in schools, child care centers
and facilities), Senate Bill No. 243 (Authorizing Commissioner of
Agriculture promulgate legislative rule relating to shellfish),
Senate Bill No. 244 (Authorizing Athletic Commission promulgate
legislative rule relating to administration of commission), Senate
Bill No. 245 (Authorizing Board of Barbers and Cosmetologists
promulgate legislative rule relating to procedures, criteria and
curricula for examinations and licensure of barbers,
cosmetologists, manicurists and aestheticians), Senate Bill No. 246
(Authorizing Board of Barbers and Cosmetologists promulgate
legislative rule relating to standard of ethics), Senate Bill No.
247 (Authorizing Board of Barbers and Cosmetologists promulgate
legislative rule relating to continuing education), Senate Bill No.
248 (Authorizing Board of Barbers and Cosmetologists promulgate
legislative rule relating to hearing procedures), Senate Bill No.
249 (Authorizing Board of Barbers and Cosmetologists promulgate
legislative rule relating to qualifications, training, examination and licensure of instructors in barbering and beauty culture),
Senate Bill No. 250 (Authorizing Board of Barbers and
Cosmetologists promulgate legislative rule relating to licensing
schools of barbering and beauty culture), Senate Bill No. 251
(Authorizing Board of Barbers and Cosmetologists promulgate
legislative rule relating to operation of barber, beauty shops and
schools of barbering and beauty culture), Senate Bill No. 253
(Authorizing Board of Barbers and Cosmetologists promulgate
legislative rule relating to schedule of fines), Senate Bill No.
254 (Authorizing Board of Barbers and Cosmetologists promulgate
legislative rule relating to disciplinary and complaint
procedures), Senate Bill No. 255 (Authorizing Conservation Agency
promulgate legislative rule relating to operation of State
Conservation Committee and conservation districts), Senate Bill No.
256 (Authorizing Consolidated Public Retirement Board promulgate
legislative rule relating to Teachers Retirement System), Senate
Bill No. 257 (Authorizing Consolidated Public Retirement Board
promulgate legislative rule relating to PERS), Senate Bill No. 258
(Authorizing Consolidated Public Retirement Board promulgate
legislative rule relating to refund, reinstatement and loan
interest factors), Senate Bill No. 260 (Authorizing Division of
Corrections promulgate legislative rule relating to recording of
inmate telephone calls), Senate Bill No. 261 (Authorizing Division of Corrections promulgate legislative rule relating to monitoring
of inmate mail), Senate Bill No. 262 (Authorizing Board of
Examiners in Counseling promulgate legislative rule relating to
marriage and family license renewal and continuing professional
education), Senate Bill No. 264 (Authorizing Board of Examiners in
Counseling promulgate legislative rule relating to licensed
professional counselor license renewal and continuing professional
education requirements), Senate Bill No. 265 (Authorizing Board of
Examiners in Counseling promulgate legislative rule relating to
marriage and family therapists' licensing), Senate Bill No. 267
(Authorizing DEP promulgate legislative rule relating to permits
for construction and major modification of major stationary sources
of air pollution for prevention of significant deterioration),
Senate Bill No. 268 (Authorizing DEP promulgate legislative rule
relating to standards of performance for new stationary sources),
Senate Bill No. 269 (Authorizing DEP promulgate legislative rule
relating to permits for construction and major modification of
major stationary sources of air pollution which cause or contribute
to nonattainment), Senate Bill No. 270 (Authorizing DEP promulgate
legislative rule relating to control of air pollution from
hazardous waste treatment, storage and disposal facilities), Senate
Bill No. 271 (Authorizing DEP promulgate legislative rule relating
to acid rain provisions and permits) and Senate Bill No. 272 (Authorizing DEP promulgate legislative rule relating to emission
standards for hazardous air pollutants).
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 12, 2010, at 11 a.m.
____________
Webmaster | © 2024 West Virginia Legislature **
