WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
SIXTIETH DAY
____________
Charleston, W. Va., Saturday, March 8, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
The Nitro Community Choir, Nitro, West Virginia, proceeded in
the singing of "Amazing Grace" and "The Pledge of Allegiance".
Pending the reading of the Journal of Friday, March 7, 2003,
On motion of Senator Edgell, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Tomblin (Mr. President) presented a communication from
the Department of Tax and Revenue, submitting its revised annual
preliminary statewide aggregate tax revenue projection, in
accordance with chapter eleven, article one-c, section five of the
code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Geological and Economic Survey, submitting its annual report as
required by chapter twenty-nine, article two, section six of the code of West Virginia.
Which report was received and filed with the Clerk.
On motion of Senator Love, the special order of business set
for this position on the calendar (consideration of executive
nominations) was postponed and made a special order of business at
8 p.m. tonight.
At the request of Senator Chafin, and by unanimous consent,
the Senate proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 12:05 p.m. today:
Eng. Com. Sub. for House Bill No. 2120, Relating to workers'
compensation generally.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 39, Making false alarm
felony in certain cases.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 56, Prohibiting certain
insurers to require persons under contract to use mail-order
pharmacy.
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. 76, Increasing amount from consolidated
fund as loan to economic development authority.
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, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That section twelve-a, article one, chapter twelve of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be repealed; that sections ten, fifteen, nineteen and twenty-one,
article six of said chapter be repealed; that sections two, seven,
twelve and thirteen, article one of said chapter be amended and
reenacted; that sections one, two and three, article two of said
chapter be amended and reenacted; that sections one and one-a,
article three of said chapter be amended and reenacted; that
sections three, four and six, article three-a of said chapter be
amended and reenacted; that sections one and five, article five of
said chapter be amended and reenacted; that sections one-a, two,
five, eight, nine-e, twelve, thirteen and sixteen, article six of
said chapter be amended and reenacted; that said chapter be further
amended by adding thereto a new article, designated article six-c;
and that section twenty, article fifteen, chapter thirty-one of
said code be amended and reenacted, all to read as follows:
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 1. STATE DEPOSITORIES.
§12-1-2. Depositories for demand deposits; categories of demand
deposits; competitive bidding for disbursement accounts;
maintenance of deposits by state treasurer.
The state treasurer shall designate the state and national
banks and the state and federal savings and loan associations in
this state which shall serve meeting the requirements of this
chapter as depositories for all state funds placed in demand
deposits. Any such state or national bank shall, upon request to
the treasurer, be designated as a state depository for such
deposits, if such bank meets the requirements set forth in this
chapter.
Demand deposit accounts shall consist of receipt and
disbursement accounts. Receipt accounts shall be those are
accounts in which are deposited moneys belonging to or due the
state of West Virginia or any official, department, board,
commission or agency thereof.
Disbursement accounts shall be those are accounts from which
are paid moneys due from the state of West Virginia or any
official, department, board, commission, political subdivision or
agency thereof to any political subdivision, person, firm or
corporation, except moneys paid from investment accounts.
Investment accounts shall be those are accounts established by
the West Virginia investment management board or the state
treasurer for the buying and selling of securities for investment for the state of West Virginia purposes.
The state treasurer shall promulgate rules, in accordance with
the provisions of article three, chapter twenty-nine-a of this
code, concerning depositories for receipt accounts prescribing the
selection criteria, procedures, compensation and such other
contractual terms as it considers to be in the best interests of
the state giving due consideration to: (1) The activity of the
various accounts maintained therein; (2) the reasonable value of
the banking services rendered or to be rendered the state by such
depositories; and (3) the value and importance of such deposits to
the economy of the communities and the various areas of the state
affected thereby.
The state treasurer shall select depositories for disbursement
accounts through competitive bidding by eligible banks in this
state. If none of the eligible banks in this state are able to
provide any of the needed services, then the treasurer may include
eligible banks outside this state in the competitive bidding
process. The treasurer shall promulgate rules in accordance with
the provisions of article three, chapter twenty-nine-a of this
code, prescribing the procedures and criteria for the bidding and
selection. The treasurer shall, in the invitations for bids,
specify the approximate amounts of deposits, the duration of
contracts to be awarded and such other contractual terms as it
considers to be in the best interests of the state the treasurer
determines appropriate, consistent with obtaining the most
efficient service at the lowest cost.
The amount of money needed for current operation purposes of
the state government, as determined by the state treasurer, shall
be maintained at all times in the state treasury, in cash, in short
term investments not to exceed five days, or in disbursement
accounts with banks designated as depositories in accordance with
the provisions of this section. No state officer or employee shall
make or cause to be made any deposits of state funds in banks not
so designated. Only banks and state and federal savings and loan
associations designated by the treasurer as depositories may accept
deposits of state funds and only the Legislature and the state
treasurer may determine whether funds are state funds: Provided,
That this provision shall not apply to the proceeds from the sale
of general obligation bonds or bonds issued by the school building
authority, the parkways, economic development and tourism
authority, the housing development fund, the economic development
authority, the infrastructure and jobs development council, the
water development authority or the hospital finance authority.
Notwithstanding any provision of this code to the contrary,
approval of the treasurer is required before any spending unit may
open an account in or process a transaction through a financial
institution, except for trust and investment accounts and
activities related to an issuance of bonds.
_____As used in this chapter, "spending unit" means a department,
agency or institution of state government for which an
appropriation is requested or to which an appropriation is made by
the Legislature.
§12-1-7. Rules; banking contracts and agreements; depositors;
agreements.
In addition to rules specially authorized in this article, the
West Virginia investment management board and the state treasurer
are generally authorized to promulgate any rules necessary to
protect the interests of the state, its depositories and taxpayers.
All rules promulgated shall be are subject to the provisions of
article three, chapter twenty-nine-a of this code. Any rules
previously established by the board of public works, the board of
investments, the investment management board or the state treasurer
pursuant to this article shall remain in effect until amended,
superseded or rescinded.
Only the treasurer may enter into contracts or agreements with
financial institutions for banking goods or services required by
spending units, as defined in section one, article one, chapter
five-a of this code: Provided, That this provision does not apply
to trust and investment accounts and activities for general
obligation bonds and bond issues of the school building authority,
the parkways, economic development and tourism authority, the
housing development fund, the economic development authority, the
infrastructure and jobs development council, the water development
authority or the hospital finance authority. A state spending unit
requiring banking goods or services shall submit a request for the
goods or services to the treasurer. If the treasurer enters into
a contract or agreement for the required goods or services,
spending units using the contract or agreement shall pay either the vendor or pay the treasurer for the goods or services used.
The treasurer is also authorized to enter into any depositors'
agreements for the purpose of reorganizing or rehabilitating any
depository in which state funds are deposited, and for the purpose
of transferring the assets, in whole or in part, of any depository
to any other lawful depository when, in the judgment of the
treasurer, the interests of the state will be are promoted thereby,
and upon condition that no right of the state to preferred payment
be is waived.
§12-1-12. Investing funds in treasury; depositories outside the
state.
When the funds in the treasury exceed the amount needed for
current operational purposes, as determined by the treasurer, the
treasurer shall make all of such excess available for investment by
the investment management board which shall invest the excess for
the benefit of the general revenue fund: Provided, That the state
treasurer, after reviewing the cash flow needs of the state, may
withhold and invest amounts not to exceed one hundred twenty-five
million dollars of the operating funds needed to meet current
operational purposes. Investments made by the state treasurer
under this section shall be made in short term investments not to
exceed five days. Operating funds means the consolidated fund
established in section eight, article six of this chapter,
including all cash and investments of the fund.
_____The state treasurer may invest funds in the consolidated fund
through his or her office or with the West Virginia investment management board. Spending units with authority to retain interest
on a fund may submit requests to the treasurer to transfer moneys
to a specific investment pool of the state treasurer's office or
the investment management board and retain any interest or other
earnings on the money invested. The general revenue fund shall
receive all interest or other earnings on money invested that are
not designated for a specific fund.
Whenever the funds in the treasury exceed the amount for which
depositories within the state have qualified, or the depositories
within the state which have qualified are unwilling to receive
larger deposits, the treasurer may designate depositories outside
the state, disbursement accounts being bid for in the same manner
as required by depositories within the state, and when such
depositories outside the state have qualified by giving the bond
prescribed in section four of this article, the state treasurer
shall deposit funds therein in like in the same manner as funds are
deposited in depositories within the state under this article.
The state treasurer may transfer funds to banks financial
institutions outside the state to meet obligations to paying agents
outside the state and any such transfer must meet if the financial
institution meets the same bond collateral requirements as set
forth in this article.
§12-1-13. Payment of banking services and litigation costs for
prior investment losses.
(a) The treasurer is authorized to pay for banking services,
and goods and services ancillary thereto, by either a compensating balance in a noninterest-bearing account maintained at the
financial institution providing the services or with a state
warrant as described in section one, article five three of this
chapter.
(b) The investment management board is authorized to pay for
the investigation and pursuit of claims against third parties for
the investment losses incurred during the period beginning on the
first day of August, one thousand nine hundred eighty-four, and
ending on the thirty-first day of August, one thousand nine hundred
eighty-nine. The payment may be in the form of a state warrant.
(c) If payment is made by a state warrant, the investment
management board at the request of the treasurer state treasurer is
authorized to establish within the consolidated fund an investment
pool which will generate sufficient income to pay for all banking
services provided to the state and to pay for the investigation and
pursuit of the prior investment loss claims. All income earned by
the investment pool shall be paid into a special account of the
treasurer to be known as the banking services account and shall be
used solely for the purpose of paying to pay for all banking
services and goods and services ancillary to the banking services
provided to the state, for the investigation and pursuit of the
prior investment loss claims, amortize and for amortization of the
balance in the investment imbalance fund.
ARTICLE 2. PAYMENT AND DEPOSIT OF TAXES AND OTHER AMOUNTS DUE THE
STATE OR ANY POLITICAL SUBDIVISION
.
§12-2-1. How and to whom taxes and other amounts due the state or any political subdivision, official, department, board,
commission or other collecting agency thereof may be paid.
All persons, firms and corporations shall promptly pay all
taxes and other amounts due from them to the state, or to any
political subdivision, official, department, board, commission or
other collecting agency thereof authorized by law to collect the
taxes and other amounts due by any authorized commercially
acceptable means, in money, United States currency or by check,
bank draft, certified check, cashier's check, post office money
order, or express money order or electronic funds transfer payable
and delivered to the official, department, board, commission or
collecting agency thereof authorized by law to collect the taxes
and other amounts due and having the account upon which the taxes
or amounts due are chargeable against the payer of the taxes or
amounts due. The duly elected or appointed officers of the state
and of its political subdivisions, departments, boards, commissions
and collecting agencies having the account on which the taxes or
other amounts due are chargeable against the payer of the taxes or
other amounts due and authorized by law to collect the taxes or
other amounts due, and their respective agents, deputies,
assistants and employees shall in no case be the agent of the payer
in and about the collection of the taxes or other amounts, but
shall at all times and under all circumstances be the agent of the
state, its political subdivision, official, department, board,
commission or collecting agency having the account on which the
taxes or amounts are chargeable against the payer of the taxes or other amounts due and authorized by law to collect the same.
§12-2-2. Itemized record of moneys received for deposit; rules
governing deposits; credit to state fund; exceptions.
(a) All officials and employees of the state authorized by
statute to accept moneys due the state of West Virginia shall keep
a daily itemized record of moneys so received for deposit in the
state treasury and shall deposit within twenty-four hours with the
state treasurer all moneys received or collected by them for or on
behalf of the state for any purpose whatsoever. The treasurer
shall be is authorized to review the procedures and methods used by
officials and employees authorized to accept moneys due the state
and change such the procedures and methods if he or she determines
it to be is in the best interest of the state: Provided, That the
treasurer shall not be is not authorized to review or amend the
procedures by which the department of tax and revenue accepts
moneys due the state. The treasurer shall propose rules, in
accordance with the provisions of article three, chapter
twenty-nine-a of this code governing the procedure for deposits.
The official or employee making such deposits with the
treasurer shall prepare deposit lists in the manner and upon report
forms as may be prescribed by the treasurer. Certified or
receipted copies shall be immediately forwarded by the state
treasurer to the state auditor and to the secretary of
administration. The treasurer shall immediately forward certified
or receipted copies to the state auditor and secretary of
administration. The original of the deposit report shall become is a part of the treasurer's permanent record records.
(b) All moneys received by the state from appropriations made
by the Congress of the United States shall be recorded in special
fund accounts, in the state treasury apart from the general
revenues of the state, and shall be expended in accordance with the
provisions of article eleven, chapter four of this code. All
moneys, other than federal funds, defined in section two of said
article, shall be credited to the state fund and treated by the
auditor and treasurer as part of the general revenue of the state
except the following funds which shall be recorded in separate
accounts:
(1) All funds excluded by the provisions of section six,
article eleven, chapter four of this code;
(2) All funds derived from the sale of farm and dairy products
from farms operated by any agency of the state government other
than the farm management commission spending unit of the state;
(3) All endowment funds, bequests, donations, executive
emergency funds, and death and disability funds;
(4) All fees and funds collected at state educational
institutions for student activities;
(5) All funds derived from collections from dormitories,
boardinghouses, cafeterias and road camps;
(6) All moneys received from counties by institutions for the
deaf and blind on account of clothing for indigent pupils;
(7) All insurance collected on account of losses by fire and
refunds;
(8) All funds derived from bookstores and sales of blank paper
and stationery; and collections by the chief inspector of public
offices
(9) All moneys collected and belonging to the capitol building
fund, state road fund, state road sinking funds, general school
fund, school fund, state fund (moneys belonging to counties,
districts and municipalities), state interest and sinking funds,
state compensation funds, the fund maintained by the public service
commission for the investigation and supervision of applications,
and all fees, money, interest or funds arising from the sales of
all permits and licenses to hunt, trap, fish or otherwise hold or
capture fish and wildlife resources and money reimbursed and
granted by the federal government for fish and wildlife
conservation;
(10) All moneys collected or received under any act of the
Legislature providing that funds collected or received thereunder
shall be used for specific purposes.
(c) All moneys, excepted as provided in subdivisions (1)
through (9), inclusive, subsection (b) of this section, shall be
paid into the state treasury in the same manner as collections not
so excepted, and shall be recorded in separate accounts to be used
and expended only for receipt and expenditure for the purposes for
which the same are authorized to be collected by law: Provided,
That the Legislature may transfer any of the amounts collected
pursuant to subdivision (10), subsection (b) of this section, which
are found, from time to time, to exceed funds needed for the purposes set forth in general law may be transferred to other
accounts or funds and redesignated for other purposes by
appropriation of the Legislature. The gross amount collected in
all cases shall be paid into the state treasury. and Commissions,
costs and expenses, of collection authorized by general law to be
paid out of the gross collection, including bank and credit or
check card fees, are hereby authorized to be paid out of the moneys
collected and paid into the state treasury including, without
limitation, amounts charged for use of bank, charge, check, credit
or debit cards, incurred in the collection process shall be paid
from the gross amount collected in the same manner as other
payments are made from the state treasury.
(d) The state treasurer shall have authority is authorized to
establish an imprest fund or funds in the office of any state
agency or institution making spending unit upon receipt of a proper
application. to the board To implement this authority, the
treasurer shall propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code. The treasurer
or his or her designee shall annually audit all imprest funds and
prepare a list of all such the funds showing the location and
amount as of fiscal year end, retaining the list as a permanent
record of the treasurer until the legislative auditor has completed
an audit of the imprest funds of all agencies and institutions
involved.
(e) The treasurer shall be is authorized to develop and
implement a centralized receipts processing center. The treasurer may request the transfer of equipment and personnel from
appropriate state agencies to the centralized receipts processing
center in order to implement the provisions of this subsection:
Provided, That the governor or appropriate constitutional officer
shall have final authority to authorize the transfer of equipment
or personnel to the centralized receipts processing center from the
respective agency.
§12-2-3. Deposit of moneys not due the state.
All officials and employees of the state authorized to accept
moneys that the state treasurer determines or that this code
specifies are not funds due the state pursuant to the provisions of
section two of this article shall deposit the moneys, as soon as
practicable in the manner and in the depository specified by the
treasurer. The treasurer shall prescribe the forms and procedures
for depositing the moneys.
A spending unit shall obtain written authorization from the
state treasurer before depositing the funds any moneys in an
account outside the treasury. Upon the treasurer's written
revocation of the authorization, the spending unit shall deposit
funds deposited in an account outside the treasury in into the
treasury in the manner and in the depository specified by the
treasurer. The treasurer is the final determining authority as to
whether these funds are funds moneys are moneys due or not due the
state pursuant to section two of this article. The treasurer shall
on a quarterly basis provide the legislative auditor with a report
of all accounts approved by him or her authorized under this section.
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-1. Manner of payment from treasury; form of checks.
(a) Every person claiming to receive money from the treasury
of the state shall apply to the auditor for a warrant for same.
The auditor shall thereupon examine the claim, and the vouchers,
certificates and evidence, if any, offered in support thereof, and
for so much thereof as he or she finds to be justly due from the
state, if payment thereof is authorized by law, and if there is an
appropriation not exhausted or expired out of which it is properly
payable, the auditor shall issue his or her warrant on the
treasurer, specifying to whom and on what account the money
mentioned therein is to be paid, and to what appropriation it is to
be charged. The auditor shall present to the treasurer daily
reports on the number of warrants issued, the amounts of the
warrants and the dates on the warrants for the purpose of
effectuating the investment policy policies of the state treasurer
and the investment management board. On the presentation of the
warrant to the treasurer, the treasurer shall ascertain whether
there are sufficient funds in the treasury to pay that warrant, and
if he or she finds it to be so, he or she shall in that case, but
not otherwise, endorse his or her check upon the warrant, directed
to some depository, which check shall be payable to the order of
the person who is to receive the money therein specified.
(b) If the a check is not presented for payment within six
months after it is drawn, it shall then be is the duty of the treasurer to credit it to the depository on which it was drawn, to
credit the unclaimed property fund pursuant to the provisions of
article eight, chapter thirty-six of this code stale check account,
which is hereby created, and immediately notify the auditor to make
corresponding entries on the auditor's books. If the state
treasurer determines any funds deposited in the stale check account
are federal funds, the state treasurer shall notify the spending
unit authorizing the payment. Within six months following issuance
of the notice, the spending unit shall inform the state treasurer
of the amount of federal funds included in the check, the account
from which the federal funds were disbursed and the current fiscal
year account to which the federal funds are to be transferred.
After receiving the information, the state treasurer shall transfer
the amount of federal funds specified as a reimbursement to the
current fiscal year account specified to receive federal funds by
the spending unit. For a period of up to six months, the state
treasurer shall endeavor to pay the money in the stale check
account to the payee. The treasurer shall credit the money that
has been in the stale check account for six months, or for a
shorter period as determined by the treasurer, to the unclaimed
property fund pursuant to the provisions of article eight, chapter
thirty-six of this code and shall immediately notify the auditor to
make corresponding entries on the auditor's books.
_____(c) No state depository may pay a check unless it is presented
within six months after it is drawn and every check shall bear upon
its face the words "Void, unless presented for payment within six months."
(d) Any information or records maintained by the treasurer
concerning any check which has not been not presented for payment
within six months one year of the date of issuance may only be
disclosed is confidential and exempt from disclosure under the
provisions of article one, chapter twenty-nine-b of this code and
is disclosable only to the state agency specified on spending unit
authorizing the check, or to the payee, his or her personal
representative, next of kin or attorney-at-law. and is otherwise
confidential and exempt from disclosure under the provisions of
article one, chapter twenty-nine-b of this code
(e) All claims required by law to be allowed by any court, and
payable out of the state treasury, shall have the seal of the court
allowing or authorizing the payment of the claim affixed by the
clerk of the court to his or her certificate of its allowance. No
claim may be audited and paid by the auditor unless the seal of the
court is thereto attached as aforesaid. No tax or fee may be
charged by the clerk for affixing his or her seal to the
certificate referred to in this section. The treasurer shall
propose rules in accordance with the provisions of article three,
chapter twenty-nine-a of this code governing the procedure for such
payments from the treasury.
§12-3-1a. Payment by deposit in bank account.
The auditor may issue his warrant on the treasurer to pay any
person claiming to receive money from the treasury by deposit to
the person's account in any bank or other financial institution by electronic funds transfer if the person furnishes authorization of
the method of payment. The auditor shall prescribe the form of the
authorization. If the authorization is in written form, it shall
be sent to the auditor for review and approval and then forwarded
in electronic form to the treasurer. If the authorization is in
electronic form, it shall be sent to both the auditor and the
treasurer. The auditor must review and approve the authorization.
This section shall may not be construed to require the auditor to
utilize the method of payment authorized by this section. An
authorization furnished pursuant to this section may be revoked by
written notice furnished to the auditor and then forwarded by the
auditor in electronic form to the treasurer or by electronic notice
furnished to both the auditor and the treasurer. Upon execution of
the authorization and its receipt by the office of the auditor, the
warrant shall be created in the manner specified on the
authorization and forwarded to the treasurer for further
disposition to the designated bank or other financial institution
specified on the electronic warrant: Provided, That after the
first day of July, two thousand two, the state auditor shall cease
issuing paper warrants except for income tax refunds. After that
date all warrants except for income tax refunds, shall be issued by
electronic funds transfer: Provided, however, That the auditor, in
his or her discretion, may issue paper warrants on an emergency
basis. Provided further, That the treasurer and the auditor may
contract with any bank or financial institution for the processing
of electronic authorizations
ARTICLE 3A. FINANCIAL ELECTRONIC COMMERCE.
§12-3A-3. Financial electronic commerce.
The state auditor and the state treasurer shall implement
electronic commerce capabilities for each of their offices to
facilitate the performance of their duties under this code. The
state auditor and the shall competitively bid the selection of
vendors for the payment card program, the state treasurer shall
competitively bid the selection of vendors needed to provide the
necessary banking, investment and related services, for their
offices and the provisions of article one-b, chapter five of this
code, and articles three and seven, chapter five-a of this code
shall not apply, unless requested by the state auditor or state
treasurer.
A record, or an authentication, a document or a signature
issued or used by the auditor, or the treasurer or the comptroller
authorized in article two, chapter five-a of this code shall be
considered an original and may not be denied legal effect solely on
the ground that it is in electronic form.
The head of each spending unit is responsible for adopting and
implementing security procedures to ensure adequate integrity,
security, confidentiality and auditability of the business
transactions of his or her spending unit when utilizing electronic
commerce.
§12-3A-4. Payment by the West Virginia check card.
The state auditor treasurer may establish a state debit card
known as the "West Virginia Check Card" for recipients of employee payroll or of benefits or entitlement programs processed by the
auditor who are considered unbanked and who do not possess a
federally insured depository institution account. The state
auditor treasurer shall use every reasonable effort to make a
federally insured depository account available to a recipient and
to encourage all recipients to obtain a federally insured
depository account. Prior to issuing the West Virginia check card,
the state auditor treasurer shall first make a determination that
a recipient has shown good cause that an alternative method to
direct deposit is necessary. The state auditor and the state
treasurer shall jointly issue a request for proposals in accordance
with section three of this article to aid the auditor in the
administration of the program and to aid the treasurer in the
establishment of state-owned bank accounts and accommodate
accessible locations for use of the West Virginia check card. In
carrying out the purposes of this article, the state auditor and
state treasurer shall not compete with banks or other federally
insured financial institutions, or for profit.
§12-3A-6. Receipting of electronic commerce purchases.
The state treasurer may establish a system for acceptance of
credit card and other payment methods for electronic commerce
purchases from spending units. Each Notwithstanding any other
provision of this code to the contrary, each spending unit
utilizing WEB commerce, electronic commerce or other method that
offers products or services for sale shall utilize the state
treasurer's system for acceptance of payments. To facilitate electronic commerce, the state treasurer may authorize a spending
unit to assess and collect a fee to recover or pay the cost of
accepting bank, charge, check, credit or debit cards from amounts
collected. The state treasurer shall propose legislative rules for
promulgation in accordance with the provisions of article three,
chapter twenty-nine-a of this code to establish the criteria and
procedures involved in granting the authorization and may
promulgate emergency rules in accordance with the provisions of
said article to implement the provisions of this section prior to
authorization of the legislative rules.
ARTICLE 5. PUBLIC SECURITIES.
§12-5-1. Securities defined.
The term "securities" when used in this article shall include
all bonds, securities, debentures, notes or other evidences of
indebtedness and, for purposes of this article, all cash received
with restrictions on expenditures, whether by court order or
otherwise.
§12-5-5. Protection and handling of securities.
(a) The noncash securities retained in the treasury shall be
kept in a vault. The treasurer shall use due diligence in
protecting the securities against loss from any cause. The
treasurer shall designate certain employees to take special care of
the securities. Only the treasurer and the designated employees
may have access to the securities, and at least two of these
persons shall be present whenever the securities are handled in any
manner. The treasurer may contract with one or more banking institutions in or outside the state for the custody, safekeeping
and management of securities. The contract shall prescribe the
rules for the handling and protection of the securities.
(b) The treasurer shall deposit cash received in the state
treasury in accounts as determined by the treasurer, after
discussion with the depositing spending unit. The treasurer is
authorized to create any accounts in the state treasury needed for
purposes of this article and to invest the moneys in accordance
with this code and the restrictions placed on the moneys, with
earnings retained. The treasurer shall prescribe the forms and
procedures for receipt and disbursement of the moneys.
ARTICLE 6. WEST VIRGINIA INVESTMENT MANAGEMENT BOARD.
§12-6-1a. Legislative findings.
(a) The Legislature hereby finds and declares that all the
public employees covered by the public employees retirement system,
the teachers retirement system, the West Virginia state police
retirement system, the death, disability and retirement fund of the
division of public safety, the judges' retirement system and the
deputy sheriff's retirement system should benefit from a prudent
and conscientious staff of financial professionals dedicated to the
administration, investment and management of those employees' and
employers' financial contributions and that an independent board
and staff should be immune to changing political climates and
should provide a stable and continuous source of professional
financial investment and management.
(b) The Legislature finds and declares that teachers and other public employees throughout the state are experiencing economic
difficulty and that in order to reduce this economic hardship on
these dedicated public employees and to help foster sound financial
practices, the West Virginia investment management board is given
the authority to develop, implement and maintain an efficient and
modern system for the investment and management of the state's
money, except those moneys managed by the state treasurer in
accordance with article six-c of this chapter. The Legislature
further finds that in order to implement these sound fiscal
policies, the West Virginia investment management board shall
operate as an independent board with its own full-time staff of
financial professionals, immune to changing political climates, in
order to provide a stable and continuous source of professional
financial management.
(c) The Legislature hereby finds and declares further that
experience has demonstrated that prudent investment provides
diversification and beneficial return not only for public employees
but for all citizens of the state and that in order to have access
to this sound fiscal policy, public employee and employer
contributions to the 401(a) plans are declared to be made to an
irrevocable trust on behalf of each plan, available for no use or
purpose other than for the benefit of those public employees.
(d) The Legislature hereby finds and declares further that the
workers' compensation funds and coal-workers' pneumoconiosis fund
are trust funds to be used exclusively for those workers, miners
and their beneficiaries who have sacrificed their health in the performance of their jobs and further finds that the assets
available to pay awarded benefits should be prudently invested so
that awards may be paid.
(e) The Legislature hereby finds and declares further that an
independent public body corporate with appropriate governance shall
be the best means of assuring prudent financial management of these
funds under rapidly changing market conditions and regulations.
(f) The Legislature hereby finds and declares further that in
accomplishing this purpose, the West Virginia investment management
board, created and established by this article, is acting in all
respects for the benefit of the state's public employees and
ultimately the citizens of the state and the West Virginia
investment management board is empowered by this article to act as
trustee of the irrevocable trusts created by this article and to
manage and invest other state funds.
(g) The Legislature hereby finds and declares further that the
standard of care and prudence applied to trustees, the conduct of
the affairs of the irrevocable trusts created by this article and
the investment of other state funds is intended to be that applied
to the investment of funds as described in the "uniform prudent
investor act" codified as article six-c, chapter forty-four of this
code and as described in section eleven of this article.
(h) The Legislature further finds and declares that the West
Virginia supreme court of appeals declared the "West Virginia Trust
Fund Act" unconstitutional in its decision rendered on the
twenty-eighth day of March, one thousand nine hundred ninety-seven, to the extent that it authorized investments in corporate stock,
but the court also recognized that there were other permissible
constitutional purposes of the "West Virginia Trust Fund Act" and
that it is the role of the Legislature to determine those purposes
consistent with the court's decision and the constitution of West
Virginia.
(i) The Legislature hereby further finds and declares that it
is in the best interests of the state and its citizens to create a
new investment management board in order to: (1) Be in full
compliance with the provisions of the constitution of West
Virginia; and (2) protect all existing legal and equitable rights
of persons who have entered into contractual relationships with the
West Virginia board of investments and the West Virginia trust
fund.
§12-6-2. Definitions.
As used in this article, unless a different meaning clearly
appears from the context:
(1) "Beneficiaries" means those individuals entitled to
benefits from the participant plans;
(2) "Board" means the governing body for the West Virginia
investment management board and any reference elsewhere in this
code to board of investments or West Virginia trust fund means the
board as defined in this subdivision;
(3) "Consolidated fund" means the investment fund established
pursuant to subsection (a), section eight of this article and
managed by the board. and established pursuant to subsection (a), section eight of this article Effective the first day of July, two
thousand three, "consolidated fund" means the investment fund
established in section eight of this article and transferred to and
managed by the state treasurer in accordance with article six-c of
this chapter;
(4) "401(a) plan" means a plan which is described in Section
401(a) of the Internal Revenue Code of 1986, as amended, and with
respect to which the board has been designated to hold assets of
the plan in trust pursuant to the provisions of section nine-a of
this article;
(5) "Local government funds" means the moneys of a political
subdivision, including policemen's pension and relief funds,
firemen's pension and relief funds and volunteer fire departments,
transferred to the board for deposit;
(6) "Participant plan" means any plan or fund subject now or
hereafter to subsection (a), section nine-a, of this article six of
this chapter;
(7) "Political subdivision" means and includes a county,
municipality or any agency, authority, board, county board of
education, commission or instrumentality of a county or
municipality and regional councils created pursuant to the
provisions of section five, article twenty-five, chapter eight of
this code;
(8) "Trustee" means any member serving on the West Virginia
investment management board: Provided, That in section nine-a of
this article in which the terms of the trusts are set forth, "trustee" means the West Virginia investment management board;
(9) "Securities" means all bonds, notes, debentures or other
evidences of indebtedness and other lawful investment instruments;
and
(10) "State funds" means all moneys of the state which may be
lawfully invested except the "school fund" established by section
four, article XII of the state constitution.
§12-6-5. Powers of the board.
The board may exercise all powers necessary or appropriate to
carry out and effectuate its corporate purposes. The board may:
(1) Adopt and use a common seal and alter it at pleasure;
(2) Sue and be sued;
(3) Enter into contracts and execute and deliver instruments;
(4) Acquire (by purchase, gift or otherwise), hold, use and
dispose of real and personal property, deeds, mortgages and other
instruments;
(5) Promulgate and enforce bylaws and rules for the management
and conduct of its affairs;
(6) Notwithstanding any other provision of law, retain and
employ legal, accounting, financial and investment advisors and
consultants;
(7) Acquire (by purchase, gift or otherwise), hold, exchange,
pledge, lend and sell or otherwise dispose of securities and invest
funds in interest earning deposits and in any other lawful
investments;
(8) Maintain accounts with banks, securities dealers and financial institutions both within and outside this state;
(9) Engage in financial transactions whereby securities are
purchased by the board under an agreement providing for the resale
of the securities to the original seller at a stated price;
(10) Engage in financial transactions whereby securities held
by the board are sold under an agreement providing for the
repurchase of the securities by the board at a stated price;
(11) Consolidate and manage moneys, securities and other
assets of the other funds and accounts of the state and the moneys
of political subdivisions which may be made available to it under
the provisions of this article;
(12) Enter into agreements with political subdivisions of the
state whereby moneys of the political subdivisions are invested on
their behalf by the board Accept and invest funds transferred to
the board by the state treasurer on behalf of the state and
political subdivisions;
(13) Charge and collect administrative fees from political
subdivisions for its services;
(14) Exercise all powers generally granted to and exercised by
the holders of investment securities with respect to management of
the investment securities;
(15) Contract with one or more banking institutions in or
outside the state for the custody, safekeeping and management of
securities held by the board;
(16) Make and, from time to time, amend and repeal bylaws,
regulations and procedures not inconsistent with the provisions of this article;
(17) Hire its own employees, consultants, managers and
advisors as it considers necessary and fix their compensation and
prescribe their duties;
(18) Develop, implement and maintain its own banking accounts
and investments;
(19) Do all things necessary to implement and operate the
board and carry out the intent of this article;
(20) Require the state auditor and treasurer to transmit state
funds on a daily basis for investment: Provided, That money held
for meeting the daily obligations of state government need not be
transferred;
(21) (20) Upon request of the treasurer, transmit funds for
deposit in the state treasury to meet the daily obligations of
state government;
(22) (21) Establish one or more investment funds for the
purpose of investing the funds for which it is trustee, custodian
or otherwise authorized to invest pursuant to this article.
Interests in each fund shall be designated as units and the board
shall adopt industry standard accounting procedures to determine
each fund's unit value. The securities in each investment fund are
the property of the board and each fund shall be considered an
investment pool or fund and may not be considered a trust nor may
the securities of the various investment funds be considered held
in trust. However, units in an investment fund established by or
sold by the board and the proceeds from the sale or redemption of any unit may be held by the board in its role as trustee of the
participant plans; and
(23) (22) Notwithstanding any other provision of the code to
the contrary, conduct investment transactions, including purchases,
sales, redemptions and income collections, which shall not be
treated by the auditor as recordable transactions on the state's
accounting system.
§12-6-8. Investment funds established; management thereof.
(a) There is hereby continued a special investment fund to be
managed by the board and designated as the "consolidated fund". On
the first day of July, two thousand three, the board shall transfer
the consolidated fund, all moneys, obligations, assets, securities
and other investments of the consolidated fund and all records,
properties and any other document or item pertaining to the
consolidated fund in its possession or under its control to the
state treasurer for investment in accordance with article six-c of
this chapter.
(b) Each board, commission, department, official or agency
charged with the administration of state funds may request the
state treasurer to make moneys available to the board for
investment.
(c) Each political subdivision of this state through its
treasurer or equivalent financial officer may enter into agreements
with the board state treasurer for the investment of moneys of the
political subdivision. Any political subdivision may enter into an
agreement with any a state agency spending unit from which it receives funds to allow the funds to be transferred request
transfer of the funds to their its investment account with the
investment management board or the state treasurer. Nothing herein
shall preclude political subdivisions, including, without
limitation, the boards of trustees of policemen's pension and
relief funds, the boards of trustees of firemen's pension and
relief funds and volunteer fire departments, from investing in
equities with the investment management board.
(d) Moneys held in the various funds and accounts administered
by the board shall be invested as permitted by this article and
subject to the restrictions contained in this article. For the
consolidated fund, the treasurer shall maintain records of the
deposits and withdrawals of each participant and the performance of
the various funds and accounts. The board shall report the
earnings on the various funds under management to the state
treasurer at the times determined by the state treasurer. The
board shall also establish rules for the administration of the
various funds and accounts established by this section as it
considers necessary for the administration of the funds and
accounts, including, but not limited to: (1) The specification of
amounts which may be deposited in any fund or account and minimum
periods of time for which deposits will be retained; and (2)
creation of reserves for losses: Provided, That in the event any
moneys made available to the board may not lawfully be combined for
investment or deposited in the consolidated fund established by
this section, the board may create special accounts and may administer and invest those moneys in accordance with the
restrictions specially applicable to those moneys.
§12-6-9e. Legislative findings; loans for industrial development;
availability of funds and interest rates.
(a) The Legislature hereby finds and declares that the
citizens of the state benefit from the creation of jobs and
businesses within the state; that a business and industrial
development loan program provides for economic growth and
stimulation within the state; that loans from pools established in
the consolidated fund will assist in providing the needed capital
to assist business and industrial development; and that time
constraints relating to business and industrial development
projects prohibit duplicative review by both the board and West
Virginia economic development authority board. The Legislature
further finds and declares that an investment in the West Virginia
enterprise capital fund, LLC, of moneys in the consolidated fund as
hereinafter provided will assist in creating jobs and businesses
within the state and providing the needed risk capital to assist
business and industrial development. This section is enacted in
view of these findings.
(b) The board shall make available, subject to cash
availability, in the form of a revolving loan, up to one hundred
fifty million dollars from the consolidated fund to loan the West
Virginia economic development authority for business or industrial
development projects authorized by section seven, article fifteen,
chapter thirty-one of this code and to consolidate existing loans authorized to be made to the West Virginia economic development
authority pursuant to this section and pursuant to section twenty,
article fifteen, chapter thirty-one of this code which authorizes
a one hundred fifty million dollar revolving loan and article
eighteen-b of said chapter which authorizes a fifty million dollar
investment pool: Provided, That the West Virginia economic
development authority may not loan more than fifteen million
dollars for any one business or industrial development project.
The revolving loan authorized by this subsection shall be secured
by one note at a variable interest rate equal to the twelve-month
average of the board's yield on its cash liquidity pool. The rate
shall be set on the first day of July and the rate shall be
adjusted annually on the same date. The maximum annual adjustment
may not exceed one percent. Monthly payments made by the West
Virginia economic development authority to the board shall be
calculated on a one hundred twenty-month amortization. The
revolving loan shall be secured by a security interest that pledges
and assigns the cash proceeds of collateral from all loans under
this revolving loan pool. The West Virginia economic development
authority may also pledge as collateral certain revenue streams
from other revolving loan pools which source of funds does not
originate from federal sources or from the board.
The outstanding principal balance of the revolving loan from
the board to the West Virginia economic development authority may
at no time exceed one hundred three percent of the aggregate
outstanding principal balance of the business and industrial loans from the West Virginia economic development authority to economic
development projects funded from this revolving loan pool. This
provision shall be certified annually by an independent audit of
the West Virginia economic development authority financial records.
(c) The interest rates and maturity dates on the loans made by
the West Virginia economic development authority for business and
industrial development projects authorized by section seven,
article fifteen, chapter thirty-one of this code shall be at
competitive rates and maturities as determined by the West Virginia
economic development authority board.
(d) Any and all outstanding loans made by the board, or any
predecessor entity, to the West Virginia economic development
authority shall be refunded by proceeds of the revolving loan
contained in this section and no loans may be made hereafter by the
board to the West Virginia economic development authority pursuant
to section twenty, article fifteen, chapter thirty-one of this code
or article eighteen-b of said chapter.
(e) The trustees of the board shall bear no fiduciary
responsibility as provided in section eleven of this article with
specific regard to the revolving loan contemplated in this section.
(f) Subject to cash availability, the board shall make
available to the West Virginia economic development authority from
the consolidated fund a nonrecourse loan in an amount up to
twenty-five million dollars for the purpose of the West Virginia
economic development authority making a loan or loans, from time to
time, to the West Virginia enterprise advancement corporation, an affiliated nonprofit corporation of the West Virginia economic
development authority. The respective loans authorized by this
subsection by the board to the West Virginia economic development
authority and by the West Virginia economic development authority
to the West Virginia enterprise advancement corporation shall each
be evidenced by one note and shall each bear interest at the rate
of three percent per annum. The proceeds of any and all loans made
by the West Virginia economic development authority to the West
Virginia enterprise advancement corporation pursuant to this
subsection shall be invested by the West Virginia enterprise
corporation in the West Virginia enterprise capital fund, LLC, the
manager of which is the West Virginia enterprise advancement
corporation. The loan to West Virginia economic development
authority authorized by this subsection shall be nonrevolving, and
advances thereunder shall be made at times and in amounts as may be
requested or directed by the West Virginia economic development
authority, upon reasonable notice to the board, the loan authorized
by this subsection is not subject to or included in the limitations
set forth in subsection (b) of this section with respect to the
fifteen million dollar limitation for any one business or
industrial development project and limitation of one hundred three
percent of outstanding loans, and may not be included in the
revolving fund loan principal balance for purposes of calculating
the loan amortization in subsection (b) of this section. The loan
authorized by this subsection to the West Virginia economic
development authority shall be classified by the board as a long-term, fixed income investment, shall bear interest on the
outstanding principal balance thereof at the rate of three percent
per annum payable annually on or before the thirtieth day of June
of each year, and the principal of which shall be repaid no later
than the thirtieth day of June, two thousand twenty-two, in annual
installments due on or before the thirtieth day of June of each
year, which annual installments shall commence no later than the
thirtieth day of June, two thousand and three, in annual principal
amounts as may be agreed upon between the board and the West
Virginia economic development authority, and which annual
installments need not be equal. The loan authorized by this
subsection shall be nonrecourse and shall be payable by the West
Virginia economic development authority solely from amounts or
returns received by the West Virginia economic development
authority in respect of the loan authorized by this subsection to
the West Virginia enterprise advancement corporation, whether in
the form of interest, dividends, realized capital gains, return of
capital or otherwise, in all of which the board shall have a
security interest to secure repayment of the loan to the West
Virginia economic development authority authorized by this
subsection. Any and all loans from the West Virginia economic
development authority to the West Virginia enterprise advancement
corporation made pursuant to this subsection shall also bear
interest on the outstanding principal balance thereof at the rate
of three percent per annum payable annually on or before the
thirtieth day of June of each year, shall be nonrecourse and shall be payable by the West Virginia enterprise advancement corporation
solely from amounts of returns received by the West Virginia
enterprise advancement corporation in respect of its investment in
the West Virginia enterprise capital fund, LLC, whether in the form
of interest, dividends, realized capital gains, return of capital
or otherwise, in all of which the board shall have a security
interest to secure repayment of the loan to the West Virginia
economic development authority authorized by this subsection. In
the event the amounts or returns received by the West Virginia
enterprise corporation in respect of its investment in the West
Virginia enterprise capital fund, LLC, are not adequate to pay when
due the principal or interest installments, or both, with respect
to the loan from the West Virginia economic development authority
and, as a result thereof, the West Virginia economic development
authority is unable to pay the principal or interest installments,
or both, with respect to the loan authorized by this subsection by
the board to the West Virginia economic development authority, the
principal or interest, or both, as the case may be, due on the loan
made to the West Virginia economic development authority pursuant
to this subsection shall be deferred, and any and all such past-due
principal and interest payments shall promptly be paid to the
fullest extent possible upon receipt by the West Virginia
enterprise advancement corporation of moneys in respect of its
investments in the West Virginia enterprise capital fund, LLC. For
tax years beginning after the thirtieth day of June, two thousand
one, the West Virginia enterprise capital fund, LLC, is exempt from the payment of any taxes or fees to the state or any subdivision
thereof or any municipalities or to any officer or employee of the
state or of any subdivision thereof or of any municipality. The
property of the West Virginia enterprise capital fund, LLC, shall
be exempt from all state, county and municipal taxes. The trustees
or the board shall bear no fiduciary responsibility as provided in
section eleven of this article with regard to the loan authorized
by this subsection.
(g) The authority of the investment management board to make
loans pursuant to this section expires on the thirtieth day of
June, two thousand three. Beginning the first day of July, two
thousand three, the provisions of this section are superseded by
the provisions of section ten, article six-c of this chapter. All
rights, duties and responsibilities of the investment management
board arising out of all loans made pursuant to this section and
outstanding on the thirtieth day of June, two thousand three, are
hereby transferred to the state treasurer effective the first day
of July, two thousand three.
§12-6-12. Investment restrictions.
(a) The board shall hold in equity investments no more than
sixty percent of the assets managed by the board and no more than
sixty percent of the assets of any individual participant plan. or
the consolidated fund
(b) The board shall hold in international securities no more
than twenty percent of the assets managed by the board and no more
than twenty percent of the assets of any individual participant plan. or the consolidated fund
(c) The board may not at the time of purchase hold more than
five percent of the assets managed by the board in the equity
securities of any single company or association: Provided, That if
a company or association has a market weighting of greater than
five percent in the Standard & Poor's 500 index of companies, the
board may hold securities of that equity equal to its market
weighting.
(d) The board shall at all times limit its asset allocation
and types of securities to the following:
(1) The board may not hold more than twenty percent of the
aggregate participant plan assets in commercial paper. Any
commercial paper at the time of its acquisition shall be in one of
the two highest rating categories by an agency nationally known for
rating commercial paper;
(2) At no time shall the board hold more than seventy-five
percent of the assets managed by the board in corporate debt. Any
corporate debt security at the time of its acquisition shall be
rated in one of the six highest rating categories by a nationally
recognized rating agency; and
(3) No security may be purchased by the board unless the type
of security is on a list approved by the board. The board may
modify the securities list at any time and shall give notice of
that action pursuant to subsection (g), section three of this
article and shall review the list at its annual meeting.
(e) Notwithstanding the investment limitations set forth in this section, it is recognized that the assets managed by the
board, or the assets of the consolidated fund or participant plans,
whether considered in the aggregate or individually, may
temporarily exceed the investment limitations in this section due
to market appreciation, depreciation and rebalancing limitations.
Accordingly, the limitations on investments set forth in this
section shall not be considered to have been violated if the board
rebalances the assets it manages or the assets of the consolidated
fund or participant plans, whichever is applicable, to comply with
the limitations set forth in this section at least once every six
months based upon the latest available market information and any
other reliable market data that the board considers advisable to
take into consideration.
(f) The board, at the annual meeting provided for in
subsection (h), section three of this article, shall review,
establish and modify, if necessary, the investment objectives of
the individual participant plans as incorporated in the investment
policy statements of the respective trusts so as to provide for the
financial security of the trust funds giving consideration to the
following:
(1) Preservation of capital;
(2) Diversification;
(3) Risk tolerance;
(4) Rate of return;
(5) Stability;
(6) Turnover;
(7) Liquidity; and
(8) Reasonable cost of fees.
§12-6-13. Board to manage certain investments; exceptions.
All duties vested by law in any agency, commission, official
or other board of the state relating to the investment of moneys,
and the acquisition, sale, exchange or disposal of securities or
any other investment are hereby transferred to the board:
Provided, That neither this section nor any other section of this
article applies to the duties vested by law in any agency,
commission, official or other board of the state relating to the
investment of moneys, and the acquisition, sale, exchange or
disposal of securities or any other investments that are
transferred to the state treasurer pursuant to article six-c of
this chapter, to the "board of the school fund", and or to the
"school fund" established by section four, article XII of the state
constitution. Provided, however, That funds under the control of
the municipal bond commission may, in the discretion of the
commission, be made available to the board for investment to be
invested by the commission as provided in article three, chapter
thirteen of this code
§12-6-16. Existing investments.
The board shall be is vested with ownership of all securities
or other investments that were lawfully held by the board of
investments or the West Virginia trust fund as of the effective
date of this article under prior enactments of this article. All
obligations and assets of the board of investments and the West Virginia trust fund, inc., shall be are vested in the West Virginia
investment management board as of the effective date of this
article under prior enactments of this article. On the first day
of July, two thousand three, the investment management board shall
transfer the consolidated fund, all moneys, obligations, assets,
securities and other investments of the consolidated fund and all
records, properties and any other document or item pertaining to
the consolidated fund in its possession or under its control to the
state treasurer.
ARTICLE 6C. WEST VIRGINIA CONSOLIDATED FUND INVESTMENT ACT.
§12-6C-1. Purposes and objects; how article cited.
This article, cited as the "West Virginia Consolidated Fund
Investment Act", is enacted to provide investment and management
services for the consolidated fund, comprised of the operating
funds of the state and of political subdivisions, for the purposes
of making state moneys more accessible to state government,
enabling investment managers to focus on the consolidated fund and
allowing the West Virginia investment management board to focus on
long-term investment of the trust estates it manages pursuant to
article six of this chapter.
§12-6C-2. Legislative findings.
(a) The Legislature finds and declares that the consolidated
fund should benefit from financial professionals dedicated to and
focused on the sound administration, investment and management of
the fund.
(b) The Legislature finds and declares that the state treasurer currently enters into agreements on behalf of the West
Virginia investment management board and provides reporting
services for participants in the consolidated fund.
(c) The Legislature finds and declares that the transfer of
the consolidated fund to the state treasurer will allow for
management of the fund within state government and will encourage
better cash management of state moneys.
(d) The Legislature finds and declares that in accomplishing
these purposes, the state treasurer is acting in all respects for
the benefit of the citizens of the state in managing and investing
the consolidated fund.
(e) The Legislature further finds and declares that it is in
the best interests of the state, its citizens and the political
subdivisions for the state treasurer to manage and invest the
consolidated fund to: (1) Provide focused investment services for
the operating funds of the state and of its political subdivisions;
(2) provide better management of all state funds within state
government; and (3) allow the West Virginia investment management
board to focus on the long-term investment of the trust estates it
manages pursuant to article six of this chapter.
§12-6C-3. Definitions.
As used in this article, unless a different meaning clearly
appears from the context:
(1) "Consolidated fund" means the investment fund transferred
to the state treasurer by the investment management board and
continued pursuant to section five of this article;
(2) "Local government funds" or "moneys of a political
subdivision" means the moneys of a political subdivision, including
policemen's pension and relief funds, firemen's pension and relief
funds and volunteer fire department funds, transferred to the state
treasurer for deposit;
(3) "Participant" means any state government spending unit or
political subdivision which transfers moneys to the board for
investment;
(4) "Political subdivision" means and includes a county,
municipality or any agency, authority, board, county board of
education, commission or instrumentality of a county or
municipality and regional councils created pursuant to the
provisions of section five, article twenty-five, chapter eight of
this code;
(5) "Securities" means all bonds, notes, debentures or other
evidences of indebtedness and other lawful investment instruments;
and
(6) "State funds" means all moneys of the state which may be
lawfully invested except the "school fund" established by section
four, article XII of the state constitution.
§12-6C-4. Powers of the state treasurer.
The state treasurer may exercise all powers necessary or
appropriate to carry out and effectuate the purposes of this
article. The state treasurer may:
(1) Enter into contracts and execute and deliver instruments
utilizing the policies and procedures of the state treasurer's office;
(2) Acquire (by purchase, gift or otherwise), hold, use and
dispose of real and personal property, deeds, mortgages and other
instruments;
(3) Promulgate and enforce policies and rules for the
management of the consolidated fund;
(4) Notwithstanding any other provision of law to the
contrary, specifically article one-b, chapter five of this code and
articles three and seven, chapter five-a of this code, retain and
contract with legal, accounting, financial and investment managers,
advisors and consultants;
(5) Acquire (by purchase, gift or otherwise), hold, exchange,
pledge, lend and sell or otherwise dispose of securities and invest
funds in investments authorized by this article;
(6) Maintain accounts with banks, securities dealers and
financial institutions both within and outside this state;
(7) Engage in financial transactions whereby securities are
purchased by the state treasurer under an agreement providing for
the resale of the securities to the original seller at a stated
price;
(8) Engage in financial transactions whereby securities held
by the state treasurer are sold under an agreement providing for
the repurchase of the securities by the state treasurer at a stated
price;
(9) Consolidate and manage moneys, securities and other assets
of the consolidated fund and accounts of the state and the moneys of political subdivisions which may be made available to the state
treasurer under the provisions of this article;
(10) Abide by agreements entered into by the state treasurer
with political subdivisions of the state for investment of moneys
of the political subdivisions by the state treasurer;
(11) Charge and collect administrative fees from participants,
including political subdivisions, for services in connection with
the consolidated fund;
(12) Exercise all powers generally granted to and exercised by
the holders of investment securities with respect to management of
the investment securities;
(13) Utilize any contract or agreement of the investment
management board in effect on the first day of July, two thousand
three, and any contract or agreement of the state treasurer's
office, and enter into contracts or agreements, including, without
limitation, entering into a contract or agreement with one or more
banking institutions in or outside the state for the custody,
safekeeping and management of securities held by the state
treasurer and with any investment manager and investment advisor
needed;
(14) Make and, from time to time, amend and repeal policies,
rules, regulations and procedures not inconsistent with the
provisions of this article;
(15) Hire employees, consultants, managers and advisors as the
state treasurer considers necessary and fix their compensation and
prescribe their duties;
(16) Develop, implement and maintain investment accounts;
(17) Offer assistance and seminars to spending units and to
political subdivisions; and
(18) Establish one or more investment funds, pools or
participant accounts for the purpose of investing the moneys and
assets for which the state treasurer, a custodian or otherwise is
authorized to invest pursuant to this article. Interests in each
fund, pool or participant account are designated as units and the
state treasurer shall adopt industry standard accounting procedures
to determine the unit value of each fund, pool or participant
account. The securities in each investment fund, pool or
participant account are the property of the state treasurer, and
each fund, pool or participant account is considered an investment
pool, investment fund or investment participant account.
§12-6C-5. Consolidated fund continued; management.
(a) The "consolidated fund" is the special investment fund
managed by the West Virginia investment management board through
the thirtieth day of June, two thousand three. The consolidated
fund is hereby continued and is vested in the state treasurer on
the first day of July, two thousand three. References elsewhere in
this code to the entity investing the moneys of the consolidated
fund, to the West Virginia board of investments, to the West
Virginia trust fund or to the West Virginia investment management
board in connection with investing the moneys of the consolidated
fund means the state treasurer.
(b) Each spending unit authorized to invest moneys shall, unless prohibited by law, request the state treasurer to invest its
moneys. The state treasurer shall transfer the moneys to the
investment funds or pools of the consolidated fund or the
investment management board specified by the spending unit.
(c) Each political subdivision of this state through its
treasurer or equivalent financial officer may enter into agreements
with the state treasurer for the investment of moneys of the
political subdivision. Any political subdivision may enter into an
agreement with a state spending unit from which it receives moneys
to allow the state treasurer to invest the moneys. The state
treasurer shall transfer the moneys to the investment funds or
pools of the consolidated fund or the investment management board
specified by the political subdivision.
(d) Moneys held in the various funds and accounts administered
by the state treasurer are invested as permitted by this article
and subject to the restrictions contained in this article.
(e) The state treasurer shall maintain records of the deposits
and withdrawals of each participant and the performance of the
various funds, pools and accounts.
(f) The state treasurer shall establish policies for the
administration of the various funds, pools and accounts authorized
by this article as it determines necessary. The policies may
specify the minimum amounts and timing of deposits and withdrawals,
and any other matters authorized by the state treasurer.
§12-6C-6. Management and control of fund; staff; liability.
(a) The management and control of the consolidated fund is vested solely in the state treasurer in accordance with the
provisions of this article.
(b) The state treasurer may utilize the staff of his or her
office, employ personnel and contract with any person or entity
needed to perform the tasks related to operating the consolidated
fund.
(c) The state treasurer shall retain an internal auditor to
report directly to the state treasurer and shall fix his or her
compensation. As a minimum qualification, an internal auditor must
be a certified public accountant with at least three years'
experience as an auditor. The internal auditor shall develop an
internal audit plan for the testing of procedures and the security
of transactions.
(d) The state treasurer and employees of the state treasurer
performing work in connection with the consolidated fund are not
liable personally, either jointly or severally, for any debt or
obligation created by the state treasurer.
(e) Transactions, contracts and agreements for the
consolidated fund are exempt from the provisions of article one-b,
chapter five of this code and articles three and seven, chapter
five-a of this code. However, the transactions, contracts and
agreements are subject to the purchasing policies and procedures of
the state treasurer's office.
§12-6C-7. Administration of consolidated fund.
(a) In the administration of the consolidated fund continued
by this article, the state treasurer may:
(1) Purchase, retain, hold, transfer and exchange and sell, at
public or private sale, the whole or any part of the fund or pools
upon such terms and conditions as the state treasurer considers
advisable;
(2) Invest and reinvest the fund and pools or any part thereof
in fixed income securities as provided in this article;
(3) Carry the securities and other property held in trust
either in the name of the state treasurer or in the name of a
nominee of the state treasurer;
(4) Vote, in person or by proxy, all securities held; to join
in or to dissent from and oppose the reorganization,
recapitalization, consolidation, merger, liquidation or sale of
corporations or property; to exchange securities for other
securities issued in connection with or resulting from any
transaction; to pay any assessment or expense which the state
treasurer considers advisable for the protection of any interest as
holder of the securities; to exercise any option appurtenant to any
securities for the conversion of any securities into other
securities; and to exercise or sell any rights issued upon or with
respect to the securities of any corporation, all upon terms the
state treasurer considers advisable;
(5) Prosecute, defend, compromise, arbitrate or otherwise
adjust or settle claims in favor of or against the state treasurer;
(6) Employ and pay from the fund any investment advisers,
brokers, counsel, managers and any other assistants and agents the
state treasurer considers advisable;
(7) Develop, implement and modify an asset allocation plan and
investment policy for each fund or pool; and
(8) Create a local government investment pool, a program to
purchase certificates of deposit from West Virginia financial
institutions that are depositories and any funds, pools or
participant accounts needed.
(b) All income and earnings are free from anticipation,
alienation, assignment or pledge by, and free from attachment,
execution, appropriation or control by or on behalf of, any and all
creditors of any beneficiary by any proceeding at law, in equity,
in bankruptcy or insolvency.
(c) The state treasurer shall render an annual accounting not
more than one hundred twenty days following the close of the fiscal
year.
§12-6C-8. Asset allocation; investment policies; authorized
investments; restrictions.
(a) The state treasurer shall develop, adopt, review or modify
an asset allocation plan for the consolidated fund annually.
(b) The state treasurer shall adopt, review, modify or cancel
the investment policy of each fund or pool created annually. For
each participant-directed account the state treasurer may
authorize, the state treasurer shall create an account and develop
an investment policy. The state treasurer shall review all
participant-directed accounts and investment policies annually for
modification.
(c) The state treasurer shall consider the following when adopting, reviewing, modifying or canceling investment policies:
(1) Preservation of capital;
(2) Risk tolerance;
(3) Credit standards;
(4) Diversification;
(5) Rate of return;
(6) Stability and turnover;
(7) Liquidity;
(8) Reasonable costs and fees;
(9) Permissible investments;
(10) Maturity ranges;
(11) Internal controls;
(12) Safekeeping and custody;
(13) Valuation methodologies;
(14) Calculation of earnings and yields;
(15) Performance benchmarks and evaluation; and
(16) Reporting.
(d) No security may be purchased by the state treasurer unless
the type of security is on a list approved by the state treasurer.
The state treasurer shall review the list annually.
(e) Notwithstanding the restrictions which are otherwise
provided by law with respect to the investment of funds, the state
treasurer and all participants, now and in the future, are
authorized to invest funds of the consolidated fund in these
securities:
(1) Obligations of, or obligations that are insured as to principal and interest by, the United States of America or any
agency, association or corporation thereof, obligations and
securities of United States-chartered, -owned or -sponsored
enterprises, and obligations and securities considered moral
obligations of the United States government, including, without
limitation:
(i) United States treasury;
(ii) Export-import bank of the United States;
(iii) Federal home administration;
(iv) Federal farm credit banks;
(v) Federal home loan banks;
(vi) Federal home loan mortgage corporation;
(vii) Federal intermediate credit banks;
(viii) Federal land banks;
(ix) Federal national mortgage association;
(x) Government national mortgage association;
(xi) Merchant marine bonds;
(xii) Student loan marketing association; and
(xiii) Tennessee valley authority;
(2) Commercial paper with one of the two highest commercial
paper credit ratings by a nationally recognized investment rating
firm;
(3) Corporate debt rated in one of the six highest rating
categories by a nationally recognized rating agency;
(4) State and local government, or any instrumentality or
agency thereof, securities with one of the three highest ratings by a nationally recognized rating agency;
(5) Repurchase agreements involving the purchase of United
States treasury securities and repurchase agreements fully
collateralized by obligations of the United States government or
its agencies or instrumentalities;
(6) Reverse repurchase agreements involving the purchase of
United States treasury securities and reverse repurchase agreements
fully collateralized by obligations of the United States government
or its agencies or instrumentalities;
(7) Asset-backed securities rated in the highest category by
a nationally recognized rating agency, but excluding mortgage-
backed securities;
(8) Investments in accordance with the linked deposit program,
a program using West Virginia banks to obtain certificates of
deposit, loans and any other programs authorized by the
Legislature; and
(9) Any other fixed income security recommended to the
treasurer by an investment advisor in accordance with this article.
§12-6C-9. Investment authority for consolidated fund transferred
to state treasurer.
All duties vested by law in state spending units and the West
Virginia investment management board relating to the consolidated
fund are hereby transferred to the state treasurer, including,
without limitation, the investment of moneys and the acquisition,
sale, exchange or disposal of securities or any other investment:
Provided, That neither this section nor any other section of this article applies to the "board of the school fund" and the "school
fund" established by section four, article XII of the state
constitution: Provided, however, That the municipal bond
commission may make funds under its control available to the state
treasurer for investment.
§12-6C-10. Legislative findings; loans for industrial development;
availability of funds and interest rates.
(a) The Legislature hereby finds and declares that the
citizens of the state benefit from the creation of jobs and
businesses within the state, that business and industrial
development loan programs provide for economic growth and
stimulation within the state, that loans from pools established in
the consolidated fund will assist in providing the needed capital
to assist business and industrial development and that time
constraints relating to business and industrial development
projects prohibit duplicative review by both the state treasurer
and West Virginia economic development authority board. The
Legislature further finds and declares that an investment in the
West Virginia enterprise capital fund, LLC, of moneys in the
consolidated fund as provided in this section will assist in
creating jobs and businesses within the state and providing the
needed risk capital to assist business and industrial development.
This section is enacted in view of these findings.
(b) The state treasurer shall make available, subject to a
liquidity determination, in the form of a revolving loan, up to one
hundred seventy-five million dollars from the consolidated fund to loan the West Virginia economic development authority for business
or industrial development projects authorized by section seven,
article fifteen, chapter thirty-one of this code and to consolidate
existing loans authorized to be made to the West Virginia economic
development authority pursuant to this section and pursuant to
section twenty, article fifteen, chapter thirty-one of this code
which authorizes a one hundred fifty million dollar revolving loan
and article eighteen-b of said chapter which authorizes a fifty
million dollar investment pool: Provided, That the West Virginia
economic development authority may not loan more than fifteen
million dollars for any one business or industrial development
project. The revolving loan authorized by this subsection is
secured by one note at a variable interest rate equal to the
twelve-month average of the board's yield on its cash liquidity
pool. The rate is set on the first day of July and adjusted
annually on the same date. The maximum annual adjustment may not
exceed one percent. Monthly payments made by the West Virginia
economic development authority to the state treasurer are
calculated on a one hundred twenty-month amortization. The
revolving loan is secured by a security interest that pledges and
assigns the cash proceeds of collateral from all loans under this
revolving loan pool. The West Virginia economic development
authority may also pledge as collateral certain revenue streams
from other revolving loan pools which source of funds does not
originate from federal sources.
The outstanding principal balance of the revolving loan from the state treasurer to the West Virginia economic development
authority may at no time exceed one hundred three percent of the
aggregate outstanding principal balance of the business and
industrial loans from the West Virginia economic development
authority to economic development projects funded from this
revolving loan pool. The independent audit of the West Virginia
economic development authority financial records shall annually
certify the one hundred three percent requirement.
(c) The interest rates and maturity dates on the loans made by
the West Virginia economic development authority for business and
industrial development projects authorized by section seven,
article fifteen, chapter thirty-one of this code are at competitive
rates and maturities as determined by the West Virginia economic
development authority board.
(d) Any and all outstanding loans made by the state treasurer,
or any predecessor person or entity, to the West Virginia economic
development authority are refundable by proceeds of the revolving
loan contained in this section and the state treasurer shall make
no loans to the West Virginia economic development authority
pursuant to section twenty, article fifteen, chapter thirty-one of
this code or article eighteen-b of said chapter.
(e) The state treasurer bears no fiduciary responsibility with
regard to any of the loans contemplated in this section.
(f) Subject to cash availability, the state treasurer shall
make available to the West Virginia economic development authority
from the consolidated fund a nonrecourse loan in an amount up to twenty-five million dollars, for the purpose of the West Virginia
economic development authority making a loan or loans, from time to
time, to the West Virginia enterprise advancement corporation, an
affiliated nonprofit corporation of the West Virginia economic
development authority. The respective loans authorized by this
subsection by the state treasurer to the West Virginia economic
development authority and by the West Virginia economic development
authority to the West Virginia enterprise advancement corporation
shall each be evidenced by one note and shall each bear interest at
the rate of three percent per annum. The proceeds of any and all
loans made by the West Virginia economic development authority to
the West Virginia enterprise advancement corporation pursuant to
this subsection shall be invested by the West Virginia enterprise
corporation in the West Virginia enterprise capital fund, LLC, the
manager of which is the West Virginia enterprise advancement
corporation. The loan to West Virginia economic development
authority authorized by this subsection shall be nonrevolving, and
advances under the loan shall be made at times and in amounts
requested or directed by the West Virginia economic development
authority, upon reasonable notice to the state treasurer, the loan
authorized by this subsection is not subject to, or included, in
the limitations set forth in subsection (b) of this section with
respect to the fifteen million dollar limitation for any one
business or industrial development project and limitation of one
hundred three percent of outstanding loans, and may not be included
in the revolving fund loan principal balance for purposes of calculating the loan amortization in subsection (b) of this
section. The loan authorized by this subsection to the West
Virginia economic development authority shall be classified by the
state treasurer as a long-term, fixed income investment, shall bear
interest on the outstanding principal balance thereof at the rate
of three percent per annum payable annually on or before the
thirtieth day of June of each year, and the principal of which
shall be repaid no later than the thirtieth day of June, two
thousand twenty-two, in annual installments due on or before the
thirtieth day of June of each year. The annual installments shall
commence no later than the thirtieth day of June, two thousand
three, in annual principal amounts agreed upon between the state
treasurer and the West Virginia economic development authority.
The annual installments need not be equal. The loan authorized by
this subsection shall be nonrecourse and shall be payable by the
West Virginia economic development authority solely from amounts or
returns received by the West Virginia economic development
authority in respect of the loan authorized by this subsection to
the West Virginia enterprise advancement corporation, whether in
the form of interest, dividends, realized capital gains, return of
capital or otherwise, in all of which the state treasurer shall
have a security interest to secure repayment of the loan to the
West Virginia economic development authority authorized by this
subsection. Any and all loans from the West Virginia economic
development authority to the West Virginia enterprise advancement
corporation made pursuant to this subsection shall also bear interest on the outstanding principal balance of the loan at the
rate of three percent per annum payable annually on or before the
thirtieth day of June of each year, shall be nonrecourse and shall
be payable by the West Virginia enterprise advancement corporation
solely from amounts of returns received by the West Virginia
enterprise advancement corporation in respect of its investment in
the West Virginia enterprise capital fund, LLC, whether in the form
of interest, dividends, realized capital gains, return of capital
or otherwise, in all of which the state treasurer shall have a
security interest to secure repayment of the loan to the West
Virginia economic development authority authorized by this
subsection. In the event the amounts or returns received by the
West Virginia enterprise corporation in respect of its investment
in the West Virginia enterprise capital fund, LLC, are not adequate
to pay when due the principal or interest installments, or both,
with respect to the loan from the West Virginia economic
development authority and, as a result thereof, the West Virginia
economic development authority is unable to pay the principal or
interest installments, or both, with respect to the loan authorized
by this subsection by the state treasurer to the West Virginia
economic development authority, the principal or interest, or both,
as the case may be, due on the loan made to the West Virginia
economic development authority pursuant to this subsection shall be
deferred, and any and all past-due principal and interest payments
shall promptly be paid to the fullest extent possible upon receipt
by the West Virginia enterprise advancement corporation of moneys in respect of its investments in the West Virginia enterprise
capital fund, LLC. For tax years beginning after the thirtieth day
of June, two thousand one, the West Virginia enterprise capital
fund, LLC, is exempt from the payment of any taxes or fees to the
state or any subdivision thereof or any municipalities or to any
officer or employee of the state or of any subdivision thereof or
of any municipality. The property of the West Virginia enterprise
capital fund, LLC, shall be exempt from all state, county and
municipal taxes. The state treasurer shall bear no fiduciary
responsibility with regard to any loans authorized by this code.
§12-6C-11. Securities handling.
In financial transactions whereby securities are purchased by
the state treasurer under an agreement providing for the resale of
the securities to the original seller at a stated price, the state
treasurer shall take physical possession of the securities,
directly, by a custodian bank or through a neutral third party:
Provided, That an agreement with a neutral third party may not
waive liability for the handling of the securities: Provided,
however, That when the state treasurer is unable to take
possession, directly, by a custodian bank or through a mutual third
party, the state treasurer may leave securities in a segregated
account with the original seller, provided the amount of the
securities with any one seller may not exceed one hundred fifty
million dollars.
§12-6C-12. Standard of care.
(a) The "Uniform Prudent Investor Act" codified in article six-c, chapter forty-four of this code is the standard for any
investments made under this article. Investments are further
subject to the following:
(1) The state treasurer shall diversify fund investment so as
to minimize the risk of large losses unless, under the
circumstances, it is clearly prudent not to do so;
(2) The state treasurer shall defray reasonable expenses of
investing and managing the consolidated fund by charging fees as
provided in this article; and
(3) The state treasurer shall discharge his or her duties in
accordance with the documents and instruments consistent with the
provisions of this article.
(b) Duties of the state treasurer apply only with respect to
those assets deposited with or otherwise held for the consolidated
fund.
§12-6C-13. Existing investments.
The investment management board shall transfer the cash,
securities and other investments of the consolidated fund it holds,
maintains or administers to the state treasurer on the first day of
July, two thousand three, which will lawfully vest the state
treasurer with ownership of all securities or other investments of
the consolidated fund.
§12-6C-14. Annual audits; financial statements; information.
(a) The state treasurer shall have an annual financial and
compliance audit of the assets, funds, pools and participant
accounts managed under this article made by a certified public accounting firm which has a minimum staff of ten certified public
accountants and which is a member of the American institute of
certified public accountants and, if doing business in West
Virginia, a member of the West Virginia society of certified public
accountants.
(b) The state treasurer shall produce monthly financial
statements for the assets managed by the state treasurer and send
them to the governor, president of the Senate, speaker of the House
of Delegates and legislative auditor and provide copies as
reasonably requested.
(c) Each quarter the state treasurer shall deliver a report
for the prior quarter to the council of finance and administration.
(d) The state treasurer shall contract with an investment
consulting or a certified public accounting firm meeting the
criteria set out in subsection (a) of this section for an annual
audit of the reported returns of the assets of the consolidated
fund.
(e) Unless specifically otherwise stated, copies of the
reports required in this section shall be furnished to the
governor, state auditor, president of the Senate, speaker of the
House of Delegates, council of finance and administration,
legislative librarian and, upon request, to any legislator,
legislative committee, financial institution, member of the media
and the public.
(f) The state treasurer shall provide any other information
requested in writing by the council of finance and administration or any member of the Legislature.
§12-6C-15. Reports to participants.
(a) On a monthly basis, the state treasurer shall provide an
itemized statement of a spending unit's or other participant's
account in the consolidated fund to each state spending unit and
any other entity investing moneys in the consolidated fund. The
statement shall include the beginning balance, contributions,
withdrawals, income distributed, change in value and ending
balance.
(b) The state treasurer shall prepare annually, or more
frequently if determined necessary by the state treasurer, a report
of its operations and the performance of the various funds, pools
and participant accounts administered under this article. The
state treasurer shall furnish copies of the report to each
participant, the governor, state auditor, president of the Senate,
speaker of the House of Delegates, legislative auditor and, upon
request, to any legislative committee, any legislator, any banking
institution or state or federal savings and loan association in
this state and any member of the news media. The state treasurer
shall also keep the reports available for inspection by any citizen
of this state.
§12-6C-16. Legal status of spending units continued.
Except as otherwise provided in this article, every state
spending unit shall retain all of the powers and shall exercise all
of the functions and duties vested in or imposed upon it by law, as
to any fund or account.
§12-6C-17. Authorization for loans by the state treasurer.
(a) Any loans made from the consolidated fund prior to its
transfer to the state treasurer shall remain in existence and in
accordance with the terms and conditions of the loan.
(b) The state treasurer shall continue the work of the
investment management board in taking the steps necessary to
increase the liquidity of the consolidated fund to allow for any
loans authorized by the Legislature without increasing the risk of
loss.
§12-6C-18. Creation of fee account and investment account; budget.
(a) The state treasurer may charge fees, which are subtracted
from the total amount of assets in the consolidated fund, for the
reasonable and necessary expenses incurred by the state treasurer
in rendering services. All fees collected shall be deposited in a
special account in the state treasury to be known as the
"Consolidated Fund Fee Account". Expenditures from the fund shall
be for the fulfillment of the provisions of this article.
(b) There is hereby created in the state treasury the
"Consolidated Fund Investment Account" for use in receiving funds
for investment, disbursing funds from investments and processing
investment transactions.
(c) All fees dedicated, identified or readily identifiable to
an entity, fund, pool or participant account shall be charged to
that entity, fund, pool or participant account and all other fees
shall be charged as a percentage of assets under management.
Annually, the state treasurer shall adopt a fee schedule and a budget reflecting fee schedules.
CHAPTER 31. CORPORATIONS.
ARTICLE 15. ECONOMIC DEVELOPMENT AUTHORITY.
§31-15-20. Consolidated fund investments as revolving loan fund.
The board of investments state treasurer shall, under the
provisions of this article and section ten, article six-c, chapter
twelve of this code, invest moneys, securities and other assets of
the special account for the common investment of state funds
designated as the state account within the special investment fund
designated as the consolidated fund established under the
provisions of subsection (b), section eight, article six, chapter
twelve of this code as a revolving loan fund with the authority. to
enable the The authority to make may approve loans approved by the
authority and to be funded from such consolidated fund from the
revolving loan fund in an amount which shall not at any time exceed
one hundred fifty seventy-five million dollars in the aggregate
principal amount outstanding. With respect to loans funded under
this article through the consolidated fund of the state, such the
loans shall be made in the name of the consolidated fund by the
authority.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 76--A Bill to repeal section twelve-a,
article one, chapter twelve of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to repeal sections ten, fifteen, nineteen and twenty-one, article six of said chapter;
to amend and reenact sections two, seven, twelve and thirteen,
article one of said chapter; to amend and reenact sections one, two
and three, article two of said chapter; to amend and reenact
sections one and one-a, article three of said chapter; to amend and
reenact sections three, four and six, article three-a of said
chapter; to amend and reenact sections one and five, article five
of said chapter; to amend and reenact sections one-a, two, five,
eight, nine-e, twelve, thirteen and sixteen, article six of said
chapter; to further amend said chapter by adding thereto a new
article, designated article six-c; and to amend and reenact section
twenty, article fifteen, chapter thirty-one of said code, all
relating generally to the management and investment of moneys by
the state; designating financial institutions as depositories for
state funds; adding state and federal savings and loan associations
as candidates as depository banks; removing requirement the state
treasurer retain and invest money for current operation purposes;
providing types of accounts; requiring approval of state treasurer
to open account or process transaction through financial
institution and exceptions; adding provision that the requirement
that state funds only be deposited in designated depositories
meeting collateral requirements does not apply to bond proceeds
from the sale of general obligation bonds and bonds issued by
various state entities; requiring contracts or agreements for
banking goods or services with exceptions for trust and investment
accounts for various bond issues; directing the treasurer to invest moneys; disposition of earnings on investments; expressly allowing
payments to the state by electronic funds transfer; distribution of
deposit reports; deleting collections by the chief inspector of
public offices as the position no longer exists; requiring spending
units to comply with procedures for receipt and disbursement of
moneys not due the state; requiring disposition of federal funds
transferred from unclaimed property division; extending the time
for stale checks to become unclaimed property from six months to a
maximum of one year; requiring competitive bids for the selection
of vendors to implement electronic capabilities of offices of state
treasurer and auditor; specifying legal effect of documents and
electronic signatures and adding the comptroller; administration of
the West Virginia check card; allowing the state treasurer to
authorize spending units to assess and collect fees for electronic
commerce receipts; adding cash to the definition of securities;
authorizing the treasurer to create any accounts needed for the
deposit of cash, to invest the money and to prescribe forms and
procedures for receipt and disbursements of the moneys; transfer of
management of consolidated fund from investment management board to
the state treasurer; amending definition of consolidated fund;
investment of funds of political subdivisions; transferring rights,
duties and responsibilities for the consolidated fund and certain
loans made from consolidated fund; creating the consolidated fund
investment act; stating purposes and findings of the act;
specifying the authority of the treasurer for investments and
restrictions on investments; continuing the consolidated fund and vesting it in the state treasurer on the first day of July, two
thousand three; transferring the management, control and
administration of the consolidated fund to the state treasurer from
the investment management board; requiring the state treasurer to
retain an internal auditor; requiring the treasurer to annually
develop, adopt and review asset allocation plans and investment
policies; specifying permitted investments; authorizing loans for
industrial development and investment in the West Virginia
enterprise capital fund, LLC; increasing the amount of loans
available to the economic development authority to one hundred
seventy-five million dollars; exempting West Virginia enterprise
capital fund, LLC, from taxes or fees; handling of securities;
establishing the uniform prudent investor act as the standard of
care; requiring the investment management board to transfer the
cash, securities and other investments of the consolidated fund to
the treasurer on the first day of July, two thousand three;
requiring audits, financial statements and reports; specifying that
spending units retain the functions and duties imposed by law as to
any fund or account; creating fee and investment accounts; and
authorizing fees for administration and expenses.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. S. B. No. 76) and
requested the House of Delegates to recede therefrom.
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 passage of
Eng. Senate Bill No. 107, Creating sales tax holiday for
back-to-school purchases.
A message from The Clerk of the House of Delegates announced
the rejection by that body of
Eng. Com. Sub. for Senate Bill No. 136, Exempting mandatory
immunizations for religious beliefs.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 180, Providing for school
construction on cash basis.
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, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That sections three, six, fifteen, sixteen and nineteen,
article nine-d, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted; and that section six, article ten-h of said chapter be
amended and reenacted, all to read as follows:
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-3. Powers of authority.
The school building authority has the power:
(1) To sue and be sued, plead and be impleaded;
(2) To have a seal and alter the same at pleasure;
(3) To contract to acquire and to acquire, in the name of the
authority by purchase, lease-purchase not to exceed a term of
twenty-five years, or otherwise, real property or rights or
easements necessary or convenient for its corporate purposes and to
exercise the power of eminent domain to accomplish those purposes;
(4) To acquire, hold and dispose of real and personal property
for its corporate purposes;
(5) To make bylaws for the management and rule of its affairs;
(6) To appoint, contract with and employ attorneys, bond
counsel, accountants, construction and financial experts,
underwriters, financial advisers, trustees, managers, officers and
such other employees and agents as may be necessary in the judgment
of the authority and to fix their compensation: Provided, That
contracts entered into by the school building authority in
connection with the issuance of bonds under this article to provide
professional and technical services, including, without limitation,
accounting, actuarial, underwriting, consulting, trustee, bond
counsel, legal services and contracts relating to the purchase or
sale of bonds are subject to the provisions of article three,
chapter five-a of this code: Provided, however, That
notwithstanding any other provisions of this code, any authority of
the attorney general of this state relating to the review of contracts and other documents to effectuate the issuance of bonds
under this article shall be exclusively limited to the form of the
contract and document: Provided further, That the attorney general
of this state shall complete all reviews of contracts and documents
relating to the issuance of bonds under this article within ten
calendar days of receipt of the contract and document for review;
(7) To make contracts and to execute all instruments necessary
or convenient to effectuate the intent of and to exercise the
powers granted to it by this article;
(8) To renegotiate all contracts entered into by it whenever,
due to a change in situation, it appears to the authority that its
interests will be best served;
(9) To acquire by purchase, eminent domain or otherwise all
real property or interests in the property necessary or convenient
to accomplish the purposes of this article;
(10) To require proper maintenance and insurance of any
project authorized under this section, including flood insurance
for any facility within the one hundred year floodplain at which
authority funds are expended;
(11) To charge rent for the use of all or any part of a
project or buildings at any time financed, constructed, acquired or
improved, in whole or in part, with the revenues of the authority;
(12) To assist any county board of education that chooses to
acquire land, buildings and capital improvements to existing school
buildings and property for use as public school facilities, by
lease from a private or public lessor for a term not to exceed twenty-five years with an option to purchase pursuant to an
investment contract with the lessor on such terms and conditions as
may be determined to be in the best interests of the authority, the
state board of education and the county board of education,
consistent with the purposes of this article, by transferring funds
to the state board of education as provided in subsection (d),
section fifteen of this article for the use of the county board of
education;
(13) To accept and expend any gift, grant, contribution,
bequest or endowment of money and equipment to, or for the benefit
of, the authority or any project under this article, from the state
of West Virginia or any other source for any or all of the purposes
specified in this article or for any one or more of such purposes
as may be specified in connection with the gift, grant,
contribution, bequest or endowment;
(14) To enter on any lands and premises for the purpose of
making surveys, soundings and examinations;
(15) To contract for architectural, engineering or other
professional services considered necessary or economical by the
authority to provide consultative or other services to the
authority or to any regional educational service agency or county
board requesting professional services offered by the authority, to
evaluate any facilities plan or any project encompassed in the
plan, to inspect existing facilities or any project that has
received or may receive funding from the authority, or to perform
any other service considered by the authority to be necessary or economical. Assistance to the region or district may include the
development of pre-approved systems, plans, designs, models or
documents; advice or oversight on any plan or project; or any other
service that may be efficiently provided to regional educational
service agencies or county boards by the authority;
(16) To provide funds on an emergency basis to repair or
replace property damaged by fire, flood, wind, storm, earthquake or
other natural occurrence, the funds to be made available in
accordance with guidelines of the school building authority;
(17) To transfer moneys to custodial accounts maintained by
the school building authority with a state financial institution
from the school construction fund and the school improvement fund
created in the state treasury pursuant to the provisions of section
six of this article, as necessary to the performance of any
contracts executed by the school building authority in accordance
with the provisions of this article;
(18) To enter into agreements with county boards and persons,
firms or corporations to facilitate the development of county board
projects and county board facilities plans. The county board
participating in an agreement shall pay at least twenty-five
percent of the cost of the agreement. Nothing in this section
shall be construed to supersede, limit or impair the authority of
county boards to develop and prepare their projects or plans; and
(19) To encourage any project or part thereof to provide
opportunities for students to participate in supervised, unpaid
work-based learning experiences related to the student's program of study approved by the county board. The work-based learning
experience must be conducted in accordance with a formal training
plan approved by the instructor, the employer and the student and
which sets forth, at a minimum, the specific skills to be learned,
the required documentation of work-based learning experiences, the
conditions of the placement, including duration and safety
provisions, and provisions for supervision and liability insurance
coverage as applicable. Projects involving the new construction
and renovation of vocational-technical and adult education
facilities should provide opportunities for students to participate
in supervised work-based learning experiences, to the extent
practical, which meet the requirements of this subdivision.
Nothing in this subdivision may be construed to affect registered
youth apprenticeship programs or the provisions governing those
programs; and
_____(19) (20) To do all things necessary or convenient to carry
out the powers given in this article.
§18-9D-6. School building capital improvements fund in state
treasury; school construction fund in state treasury; school
building debt service fund in state treasury; school
improvement fund in state treasury; collections to be paid
into special funds; authority to pledge such collections as
security for refunding revenue bonds; authority to finance
projects on a cash basis.
(a) There is continued in the state treasury a school building
capital improvements fund to be expended by the authority as provided in this article. The school building capital improvements
fund shall be an interest-bearing account with interest credited to
and deposited in the school building capital improvements fund and
expended in accordance with the provisions of this article.
The school building authority has authority to may pledge all
or such any part of the revenues paid into the school building
capital improvements fund as may be that are needed to meet the
requirements of any revenue bond issue or issues authorized by this
article prior to the twentieth day of July, one thousand nine
hundred ninety-three, or revenue bonds issued to refund revenue
bonds issued prior to that date, including the payment of principal
of, interest and redemption premium, if any, on the revenue bonds
and the establishing and maintaining of a reserve fund or funds for
the payment of the principal of, interest and redemption premium,
if any, on the revenue bond issue or issues when other moneys
pledged may be insufficient for the payment of the principal,
interest and redemption premium, including such any additional
protective pledge of revenues as that the authority in its
discretion has provided by resolution authorizing the issuance of
the bonds or in any trust agreement made in connection with the
bond issue. The Additionally, the authority may further provide in
the resolution and in the trust agreement for such priorities on
the revenues paid into the school building capital improvements
fund as may be that are necessary for the protection of the prior
rights of the holders of bonds issued at different times under the
provisions of this article.
Any balance remaining in the school building capital
improvements fund after the authority has issued bonds authorized
by this article, and after the requirements of all funds including
reserve funds established in connection with the bonds issued prior
to the twentieth day of July, one thousand nine hundred
ninety-three, pursuant to this article have been satisfied, may be
used for the redemption of any of the outstanding bonds issued
under this article which by their terms are then redeemable, or for
the purchase of the bonds at the market price, but not exceeding
the price, if any, at which the bonds are in the same year
redeemable and all bonds redeemed or purchased shall immediately be
canceled and shall not again be issued.
The school building authority, in its discretion, may use the
moneys in the school building capital improvements fund to finance
the cost of projects on a cash basis. Any pledge of moneys in the
fund for revenue bonds issued prior to the twentieth day of July,
one thousand nine hundred ninety-three, is a prior and superior
charge on the fund over the use of any of the moneys in the fund to
pay for the cost of any project on a cash basis: Provided, That
any expenditures from the fund, other than for the retirement of
revenue bonds, may only be made by the authority in accordance with
the provisions of this article.
(b) There is hereby continued in the state treasury a special
revenue fund named the school building debt service fund into which
shall be deposited on and after the first day of April, one
thousand nine hundred ninety-four, the amounts specified in section eighteen, article twenty-two, chapter twenty-nine of this code.
All amounts deposited in the fund shall be pledged to the repayment
of the principal, interest and redemption premium, if any, on any
revenue bonds or refunding revenue bonds authorized by this
article: Provided, That deposited moneys may not be pledged to the
repayment of any revenue bonds issued prior to the first day of
January, one thousand nine hundred ninety-four, or with respect to
revenue bonds issued for the purpose of refunding revenue bonds
issued prior to the first day of January, one thousand nine hundred
ninety-four. The Additionally, the authority may further provide
in the resolution and in the trust agreement for priorities on the
revenues paid into the school building debt service fund as may be
that are necessary for the protection of the prior rights of the
holders of bonds issued at different times under the provisions of
this article. On or prior to the first day of May of each year,
commencing the first day of May, one thousand nine hundred ninety-
four, the authority shall certify to the state lottery director the
principal and interest and coverage ratio requirements for the
following fiscal year on any revenue bonds issued on or after the
first day of January, one thousand nine hundred ninety-four, and
for which moneys deposited in the school building debt service fund
have been pledged, or will be pledged, for repayment pursuant to
this section.
After the authority has issued bonds authorized by this
article and after the requirements of all funds have been
satisfied, including coverage and reserve funds established in connection with the bonds issued pursuant to this article, any
balance remaining in the school building debt service fund may be
used for the redemption of any of the outstanding bonds issued
under this article which, by their terms, are then redeemable or
for the purchase of the outstanding bonds at the market price, but
not to exceed the price, if any, at which the bonds are redeemable
and all bonds redeemed or purchased shall be immediately canceled
and shall not again be issued: Provided, That after the authority
has issued bonds authorized by this article and after the
requirements of debt service and all associated funds have been
satisfied for the fiscal year, including coverage and reserve funds
established in connection with the bonds issued pursuant to this
article, any remaining balance in the school building debt service
fund may be transferred to the school construction fund created in
subsection (c) of this section and used by the school building
authority in its discretion to finance the cost of school
construction or improvement projects on a cash basis.
(c) There is hereby continued in the state treasury a special
revenue fund named the school construction fund into which shall be
deposited on and after the first day of July, one thousand nine
hundred ninety-four, the amounts specified in section thirty,
article fifteen, chapter eleven of this code, together with any
moneys appropriated thereto to the fund by the Legislature.
Expenditures from the school construction fund shall be for the
purposes set forth in this article, including lease-purchase
payments under agreements made pursuant to subsection (e), section fifteen of this article and section nine, article five of this
chapter and are authorized from collections in accordance with the
provisions of article three, chapter twelve of this code and from
other revenues annually appropriated by the Legislature from
lottery revenues as authorized by section eighteen, article
twenty-two, chapter twenty-nine of this code pursuant to the
provisions set forth in article two, chapter five-a of this code.
Amounts collected which are found, from time to time, to exceed the
funds needed for purposes set forth in this article may be
transferred to other accounts or funds and redesignated for other
purposes by appropriation of the Legislature. The school
construction fund shall be an interest-bearing account, with the
interest credited to and deposited in the school construction fund
and expended in accordance with the provisions of this article.
Deposits to and expenditures from the school construction fund are
subject to the provisions of subsection (i), section fifteen of
this article.
(d) There is hereby continued in the state treasury a special
revenue fund named the school major improvement fund into which
shall be deposited on and after the first day of July, one thousand
nine hundred ninety-four, the amounts specified in section thirty,
article fifteen, chapter eleven of this code, together with any
moneys appropriated to the fund by the Legislature. Expenditures
from the school major improvement fund shall be for the purposes
set forth in this article and are authorized from collections in
accordance with the provisions of article three, chapter twelve of this code and from other revenues annually appropriated by the
Legislature from lottery revenues as authorized by section
eighteen, article twenty-two, chapter twenty-nine of this code
pursuant to the provisions set forth in article two, chapter five-a
of this code. Amounts collected which are found, from time to
time, to exceed the funds needed for purposes set forth in this
article may be transferred to other accounts or funds and
redesignated for other purposes by appropriation of the
Legislature. The school major improvement fund shall be an
interest-bearing account, with interest being credited to and
deposited in the school major improvement fund and expended in
accordance with the provisions of this article.
(e) The Legislature hereby finds and declares that the supreme
court of appeals of West Virginia has held that the issuance of
additional revenue bonds authorized under the school building
authority act, as enacted in this article prior to the twentieth
day of July, one thousand nine hundred ninety-three, constituted an
indebtedness of the state in violation of section four, article X
of the constitution of West Virginia, but that revenue bonds issued
under this article prior to the twentieth day of July, one thousand
nine hundred ninety-three, are not invalid. The Legislature
further finds and declares that the financial capacity of a county
to construct, lease and improve school facilities depends upon the
county's bonding capacity (local property wealth), voter
willingness to pass bond issues and the county's ability to
reallocate other available county funds instead of criteria related to educational needs or upon the ability of the school building
authority created in this article to issue bonds that comply with
the holding of the West Virginia supreme court of appeals or
otherwise assist counties with the financing of facilities
construction and improvement. The Legislature hereby further finds
and declares that this section, as well as section eighteen,
article twenty-two, chapter twenty-nine of this code, have been
reenacted during the first extraordinary session of the West
Virginia Legislature in the year one thousand nine hundred
ninety-four in an attempt to comply with the holding of the supreme
court of appeals of West Virginia.
The Legislature hereby further finds and declares that it
intends, through the reenactment of this section and section
eighteen, article twenty-two, chapter twenty-nine of this code, to
dedicate a source of state revenues to special revenue funds for
the purposes of paying the debt service on bonds and refunding
bonds issued subsequent to the first day of January, one thousand
nine hundred ninety-four, the proceeds of which will be utilized
used for the construction and improvement of school building
facilities. The Legislature hereby further finds and declares that
it intends, through the reenactment of this section and section
thirty, article fifteen, chapter eleven of this code and section
eighteen, article twenty-two, chapter twenty-nine of this code, to
appropriate revenues to two special revenue funds for the purposes
of construction and improvement of school building facilities.
Furthermore, the Legislature intends to encourage county boards of education to maintain existing levels of county funding for
construction, improvement and maintenance of school building
facilities and to generate additional county funds for such those
purposes through bonds and special levies whenever possible. The
Legislature further encourages the school building authority, the
state board of education and county boards of education to propose
uniform project specifications for comparable projects whenever
possible to meet county needs at the lowest possible cost.
The Legislature hereby further finds and declares that it
intends, through the reenactment of this section and section
eighteen, article twenty-two, chapter twenty-nine of this code, to
comply with the provisions of sections four and six, article X of
the constitution of West Virginia; and section one, article XII of
said constitution.
§18-9D-15. Legislative intent; distribution of money.
(a) It is the intent of the Legislature to empower the school
building authority to facilitate and provide state funds and to
administer all federal funds provided for the construction and
major improvement of school facilities so as to meet the
educational needs of the people of this state in an efficient and
economical manner. The authority shall make funding determinations
in accordance with the provisions of this article and shall assess
existing school facilities and each facility's school major
improvement plan in relation to the needs of the individual
student, the general school population, the communities served by
the facilities and facility needs statewide.
(b) An amount that is no more than three percent of the sum of
moneys that are determined by the authority to be available for
distribution during the then current fiscal year from: (1) Moneys
paid into the school building capital improvements fund pursuant to
section ten, article nine-a of this chapter; (2) the issuance of
revenue bonds for which moneys in the school building debt service
fund are pledged as security; (3) moneys paid into the school
construction fund pursuant to section six of this article; and (4)
any other moneys received by the authority, except moneys paid into
the school major improvement fund pursuant to section six of this
article, may be allocated and may be expended by the authority for
projects that service the educational community statewide or, upon
application by the state board, for educational programs that are
under the jurisdiction of the state board. In addition, upon
application by the state board or the administrative council of an
area vocational educational center established pursuant to article
two-b of this chapter, the authority may allocate and expend under
this section subsection moneys for school major improvement
projects proposed by the state board or an administrative council
for school facilities under the direct supervision of the state
board or an administrative council, respectively: Provided, That
the authority may not expend any moneys for a school major
improvement project proposed by the state board or the
administrative council of an area vocational educational center
unless the state board or an administrative council has submitted
a ten-year school major improvement plan, to be updated annually, pursuant to section sixteen of this article: Provided, however,
That the authority shall, before allocating any moneys to the state
board or the administrative council of an area vocational
educational center for a school improvement project, consider all
other funding sources available for the project.
(c) An amount that is no more than two percent of the moneys
that are determined by the authority to be available for
distribution during the current fiscal year from: (1) Moneys paid
into the school building capital improvements fund pursuant to
section ten, article nine-a of this chapter; (2) the issuance of
revenue bonds for which moneys in the school building debt service
fund are pledged as security; (3) moneys paid into the school
construction fund pursuant to section six of this article; and (4)
any other moneys received by the authority, except moneys deposited
into the school major improvement fund, shall be set aside by the
authority as an emergency fund to be distributed in accordance with
the guidelines adopted by the authority.
(d) An amount that is no more than twenty-five percent of the
moneys that are determined by the authority to be available for
distribution during the current fiscal year from: (1) Moneys paid
into the school building capital improvements fund pursuant to
section ten, article nine-a of this chapter; (2) the issuance of
revenue bonds for which moneys in the school building debt service
fund are pledged as security; (3) moneys paid into the school
construction fund pursuant to section six of this article; and (4)
any other moneys received by the authority, except moneys deposited into the school major improvement fund, shall be reserved by the
authority for multiuse vocational-technical education facilities
that may include post-secondary programs as a first priority use.
The authority may allocate and expend under this subsection moneys
for any purposes authorized in this article on multiuse vocational-
technical education facilities and for equipment and equipment
updates at the facilities. If the projects approved under this
subsection do not require the full amount of moneys reserved,
moneys above the amount required may be allocated and expended in
accordance with other provisions of this article. A county board,
the state board, an administrative council or the joint
administrative board of a vocational-technical education facility
which includes post-secondary programs may propose projects for
facilities or equipment, or both, which are under the direct
supervision of the respective body: Provided, That the authority
shall, before allocating any moneys for a project under this
subsection, consider all other funding sources available for the
project.
_____(d) (e) The remaining moneys determined by the authority to be
available for distribution during the then current fiscal year
from: (1) Moneys paid into the school building capital
improvements fund pursuant to section ten, article nine-a of this
chapter; (2) the issuance of revenue bonds for which moneys in the
school building debt service fund are pledged as security; (3)
moneys paid into the school construction fund pursuant to section
six of this article; and (4) any other moneys received by the authority, except moneys deposited into the school major
improvement fund, shall be allocated and expended on the basis of
need and efficient use of resources, the basis to be determined by
the authority in accordance with the provisions of section sixteen
of this article.
(e) (f) If a county board of education proposes to finance a
project that is approved pursuant to section sixteen of this
article through a lease with an option to purchase leased premises
upon the expiration of the total lease period pursuant to an
investment contract, the authority may allocate no moneys to the
county board in connection with the project: Provided, That the
authority may transfer moneys to the state board of education
which, with the authority, shall lend the amount transferred to the
county board to be used only for a one-time payment due at the
beginning of the lease term, made for the purpose of reducing
annual lease payments under the investment contract, subject to the
following conditions:
(1) The loan shall be secured in the manner required by the
authority, in consultation with the state board, and shall be
repaid in a period and bear interest at a rate as determined by the
state board and the authority and shall have such terms and
conditions as are required by the authority, all of which shall be
set forth in a loan agreement among the authority, the state board
and the county board;
(2) The loan agreement shall provide for the state board and
the authority to defer the payment of principal and interest upon any loan made to the county board during the term of the investment
contract, and annual renewals of the investment contract, among the
state board, the authority, the county board and a lessor:
Provided, That in the event a county board which has received a
loan from the authority for a one-time payment at the beginning of
the lease term does not renew the subject lease annually until
performance of the investment contract in its entirety is
completed, the county board is in default and the principal of the
loan, together with all unpaid interest accrued to the date of the
default, shall, at the option of the authority, in consultation
with the state board, become due and payable immediately or subject
to renegotiation among the state board, the authority and the
county board: Provided, however, That if a county board renews the
lease annually through the performance of the investment contract
in its entirety, the county board shall exercise its option to
purchase the leased premises: Provided further, That the failure
of the county board to make a scheduled payment pursuant to the
investment contract constitutes an event of default under the loan
agreement: And provided further, That upon a default by a county
board, the principal of the loan, together with all unpaid interest
accrued to the date of the default, shall, at the option of the
authority, in consultation with the state board, become due and
payable immediately or subject to renegotiation among the state
board, the authority and the county board: And provided further,
That if the loan becomes due and payable immediately, the
authority, in consultation with the state board, shall use all means available under the loan agreement and law to collect the
outstanding principal balance of the loan, together with all unpaid
interest accrued to the date of payment of the outstanding
principal balance; and
(3) The loan agreement shall provide for the state board and
the authority to forgive all principal and interest of the loan
upon the county board purchasing the leased premises pursuant to
the investment contract and performance of the investment contract
in its entirety.
(f) (g) To encourage county boards to proceed promptly with
facilities planning and to prepare for the expenditure of any state
moneys derived from the sources described in this subsection, any
county board failing to expend money within three years of the
allocation to the county board shall forfeit the allocation and
thereafter is ineligible for further allocations pursuant to this
subsection until the county board is ready to expend funds in
accordance with an approved facilities plan: Provided, That the
authority may authorize an extension beyond the three-year
forfeiture period not to exceed an additional two years. Any
amount forfeited shall be added to the total funds available in the
school construction fund of the authority for future allocation and
distribution.
(g) (h) The remaining moneys that are determined by the
authority to be available for distribution during the then current
fiscal year from moneys paid into the school major improvement fund
pursuant to section six of this article shall be allocated and distributed on the basis of need and efficient use of resources,
the basis to be determined by the authority in accordance with the
provisions of section sixteen of this article: Provided, That the
moneys may not be distributed to any county board that does not
have an approved school major improvement plan or to any county
board that is not prepared to commence expenditures of the funds
during the fiscal year in which the moneys are distributed:
Provided, however, That any moneys allocated to a county board and
not distributed to that county board shall be deposited in an
account to the credit of that county board, the principal amount to
remain to the credit of and available to the county board for a
period of two years. Any moneys which are unexpended after a
two-year period shall be redistributed on the basis of need from
the school major improvement fund in that fiscal year.
(h) (i) No local matching funds may be required under the
provisions of this section. However, the responsibilities of the
county boards of education to maintain school facilities are not
negated by the provisions of this article. To be eligible to
receive an allocation of school major improvement funds from the
authority, a county board must have expended in the previous fiscal
year an amount of county moneys equal to or exceeding the lowest
average amount of money included in the county board's maintenance
budget over any three of the previous five years and must have
budgeted an amount equal to or greater than the average in the
current fiscal year: Provided, That the state board of education
shall promulgate rules relating to county boards' maintenance budgets, including items which shall be included in the budgets.
(i) (j) Any county board may use moneys provided by the
authority under this article in conjunction with local funds
derived from bonding, special levy or other sources. Distribution
to a county board, or to the state board or the administrative
council of an area vocational educational center pursuant to
subsection (b) of this section may be in a lump sum or in
accordance with a schedule of payments adopted by the authority
pursuant to guidelines adopted by the authority.
(j) (k) Funds in the school construction fund shall first be
transferred and expended as follows:
Any funds deposited in the school construction fund shall be
expended first in accordance with an appropriation by the
Legislature. To the extent that funds are available in the school
construction fund in excess of that amount appropriated in any
fiscal year, the excess funds may be expended in accordance with
the provisions of this article. Any projects which the authority
identified and announced for funding on or before the first day of
August, one thousand nine hundred ninety-five, or identified and
announced for funding on or before the thirty-first day of
December, one thousand nine hundred ninety-five, shall be funded by
the authority in an amount which is not less than the amount
specified when the project was identified and announced.
(k) (l) It is the intent of the Legislature to encourage
county boards to explore and consider arrangements with other
counties that may facilitate the highest and best use of all available funds, which may result in improved transportation
arrangements for students, or which otherwise may create
efficiencies for county boards and the students. In order to
address the intent of the Legislature contained in this subsection,
the authority shall grant preference to those projects which
involve multicounty arrangements as the authority shall determine
reasonable and proper.
(l) (m) County boards shall submit all designs for
construction of new school buildings to the school building
authority for review and approval prior to preparation of final bid
documents: Provided, That a vendor who has been debarred pursuant
to the provisions of sections thirty-three-a through thirty-three-
f, inclusive, article three, chapter five-a of this code may not
bid on or be awarded a contract under this section.
(m) (n) The authority may elect to disburse funds for approved
construction projects over a period of more than one year subject
to the following:
(1) The authority may not approve the funding of a school
construction project for more than three years; and
(2) The authority may not approve the use of more than fifty
percent of the revenue available for distribution in any giver
fiscal year for projects that are to be funded over more than one
year; and
_____(3) In order to encourage local participation in funding
school construction projects, the authority may set aside limited
funding, not to exceed five hundred thousand dollars, in reserve for one additional year to provide a county the opportunity to
complete financial planning for a project prior to the allocation
of construction funds. Any such funding shall be on a reserve
basis and converted to a part of the construction grant only after
all project budget funds have been secured and all county
commitments have been fulfilled. Failure of the county to solidify
the project budget and meet its obligations to the state within
eighteen months of the reserve designation date will result in
expiration of the reserve and the funds shall be reallocated by the
authority in the succeeding funding cycle.
§18-9D-16. Facilities and major improvement plans generally; need-
based eligibility.
(a) To facilitate the goals as stated in section fifteen of
this article and to assure the prudent and resourceful expenditure
of state funds for construction projects as described in subsection
(d) of said section, each county board of education shall submit a
countywide comprehensive educational facilities plan that addresses
the facilities and major improvement needs of the county and
includes up-to-date projections of student enrollments pursuant to
such guidelines as shall be adopted by the authority in accordance
with this section and in accordance with each county's facilities
plan approved by the state board of education. Any project
receiving funding shall must be in furtherance of such the approved
countywide facilities plan.
(1) To assure efficiency and productivity in the project
approval process, the countywide facilities plan shall may be submitted only after a preliminary plan, a plan outline or a
proposal for a plan has been submitted to the authority. Selected
members of the authority, which selection shall include citizen
members, shall then meet promptly with those persons designated by
the county board to attend the facilities plan consultation. The
purpose of the consultation is to assure understanding of the
general goals of the school building authority and the specific
goals encompassed in the following criteria and to discuss ways the
plan may be structured to meet those goals.
(2) The guidelines for the development of a facilities plan
shall must state the manner, timeline and process for submission of
any plan to the authority; such project specifications as may be
deemed considered appropriate by the authority; and those matters
which are deemed considered by the authority to be important
reflections of how the project will further the overall goals of
the authority.
(b) To facilitate the goals as stated in section fifteen of
this article and to assure the prudent and resourceful expenditure
of state funds derived from the school major improvement fund, each
county board of education shall submit to the authority a ten-year
countywide school major improvement plan that addresses the major
improvement needs of each school within the county. Funds may not
be distributed to any county board that does not have a
comprehensive educational facility plan approved by the state board
and the school building authority or to any county board that is
not prepared to commence expenditure of the funds during the fiscal year in which the moneys are distributed. If the state board of
education or the administrative council of an area vocational
educational center chooses to seek funding for a major improvement
project from the authority pursuant to subsection (f) of said
section, the state board or such the administrative council shall
submit a ten-year school major improvement plan that addresses the
major improvement needs of the school or area vocational
educational center for which funding is sought. Each ten-year
school major improvement plan shall must be prepared pursuant to
such guidelines as shall be adopted by the authority in accordance
with this section and shall must be updated annually to reflect
projects completed, current enrollment projections and new or
continuing needs. Any school major improvement project funded by
the authority shall must be in furtherance of such the approved
school major improvement plan.
The guidelines for the development and annual updates of a
ten-year school major improvement plan shall must state the manner,
timeline and process for submission of any plan, including a repair
and replacement schedule for school facilities, to the authority;
such the maintenance specifications as may be deemed considered
appropriate by the authority; and those matters which are deemed
considered by the authority to be important reflections of how the
major improvement project or projects will further the overall
goals of the authority.
(c) The guidelines regarding submission of the facilities
plans and school major improvement plans shall must include requirements for public hearings, comments or other means of
providing broad-based input within a reasonable time period as the
authority may deem consider appropriate. The submission of each
plan shall must be accompanied by a synopsis of all comments
received and a formal comment by the county board, the state board
or the administrative council of an area vocational educational
center submitting such the plan.
The guidelines regarding project specifications may include
such matters as energy efficiency, preferred siting, construction
materials, maintenance plan or any other matter related to how the
project is to proceed. If a county board of education proposes to
finance a construction project through a lease with an option to
purchase pursuant to an investment contract as described in
subsection (e), section fifteen of this article, the specifications
for such the project shall must include the term of the lease, the
amount of each lease payment, including the payment due upon
exercise of the option to purchase, and the terms and conditions of
the proposed investment contract.
(d) The guidelines pertaining to quality educational
facilities shall must require that a facilities plan address how
the current facilities do not meet and how the proposed plan and
any project thereunder does meet the following goals:
(1) Student health and safety;
(2) Economies of scale, including compatibility with similar
schools that have achieved the most economical organization,
facility utilization and pupil-teacher ratios;
(3) Reasonable travel time and practical means of addressing
other demographic considerations;
(4) Multicounty and regional planning to achieve the most
effective and efficient instructional delivery system;
(5) Curriculum improvement and diversification, including
computerization and technology and advanced senior courses in
science, mathematics, language arts and social studies;
(6) Innovations in education;
(7) Adequate space for projected student enrollments; and
(8) To the extent constitutionally permissible, each
facilities plan shall must address the history of efforts taken by
the county board to propose or adopt local school bond issues or
special levies.
If the project is to benefit more than one county in the
region, the facilities plan shall must state the manner in which
the cost and funding of the project shall will be apportioned among
the counties.
(e) The guidelines pertaining to quality educational
facilities shall must require that a school major improvement plan
address how the proposed plan and any project thereunder meet the
following goals:
(1) Student health and safety, including, but not limited to,
critical health and safety needs; and
(2) Economies of scale, including regularly scheduled
preventive maintenance: Provided, That each county board's school
maintenance plan shall must address regularly scheduled maintenance for all facilities within the county.
(f) Each county board's facilities plan and school major
improvement plan shall must prioritize all the construction
projects or major improvement projects, respectively, within the
county. A school major improvement plan submitted by the state
board or the administrative council of an area vocational
educational center shall must prioritize all the school improvement
projects contained in such the plan. Such The priority list shall
be is one of the criteria to be considered by the authority in
determining how available funds shall must be expended. In
prioritizing the projects, the county board, the state board or the
administrative council submitting a plan shall make determinations
in accordance with the objective criteria formulated by the school
building authority.
(g) Each facilities plan and school major improvement plan
shall must include the objective means to be utilized used in
evaluating implementation of the overall plan and each project
included therein. Such The evaluation shall must measure each
project's furtherance of each applicable goal stated in this
section and any guidelines adopted hereunder, as well as the
overall success of any project as it relates to the facilities plan
or school major improvement plan and the overall goals of the
authority.
(h) The state department of education shall conduct on-site
inspections, at least annually, of all facilities which have been
funded, wholly or in part, by moneys from the authority or state board to ensure compliance with the county board's facilities plan
and school major improvement plan as related to such the
facilities; to preserve the physical integrity of the facilities to
the extent possible; and to otherwise extend the useful life of the
facilities: Provided, That the state board shall submit reports
regarding its on-site inspections of facilities to the authority
within thirty days of completion of such the on-site inspections:
Provided, however, That the state board shall promulgate rules
regarding such the on-site inspections and matters relating
thereto, in consultation with the authority, as soon as practical
and shall submit such proposed rules for legislative review no
later than the first day of December, one thousand nine hundred
ninety-four.
(i) The authority may adopt guidelines for requiring that a
county board modify, update, supplement or otherwise submit changes
or additions to an approved facilities plan or for requiring that
a county board, the state board or the administrative council of an
area vocational educational center modify, update, supplement or
otherwise submit changes or additions to an approved county board
facilities plan or school major improvement plan. The authority
shall provide reasonable notification and sufficient time for such
the change or addition as delineated in guidelines developed by the
authority.
(j) Based on its on-site inspection or notification by the
authority to the state board that the changes or additions to a
county's board facilities plan or school major improvement plan required by the authority have not been implemented within the time
period prescribed by the authority, the state board shall restrict
the use of the necessary funds or otherwise allocate funds from
moneys appropriated by the Legislature for those purposes set forth
in section nine, article nine-a of this chapter.
§18-9D-19. Comprehensive high schools.
(a) The Legislature finds the following:
(1) The decline in student enrollment over the last twenty
years has necessitated consolidation of schools in many counties;
(2) It is projected that the decline in student enrollment
during the period two thousand two through two thousand twelve may
be as great as eighteen percent and will continue the necessity to
consolidate schools;
(3) The new consolidated school buildings now being built
across the state provide an opportunity for communities to have
comprehensive high schools that include space for
vocational-technical courses, community college courses and other
workforce-related courses for the students and the public at large;
(4) Requiring students to be bused to remote vocational
centers has sometimes deterred student participation in vocational
courses and has sometimes been considered a stigma upon those
students attending vocational courses;
(5) Offering vocational, community college and workforce
programs in close proximity to each other complement the high
school and the programs; and
(6) The change in the season for girls' basketball to coincide with boys' basketball has placed significant pressures on the
availability of gymnasium space and often has caused practices to
be scheduled late in the evenings and on weekends, interfering with
time needed for studying and rest.
(b) When planning the construction of a high school which has
been approved by the authority and which meets the required
authority efficiencies, the authority shall provide funding for
comprehensive vocational facilities to be located, when feasible,
on the same site as the high school and may, in cooperation with
the higher education policy commission, established in section one,
article one-b, chapter eighteen-b of this code, provide funding for
facilities for community and technical college education. When
building in conjunction with the higher education policy
commission, an educational specification shall must be developed
for the proposed new facility by the appropriate institutional
governing board as defined in section two, article one, chapter
eighteen-b of this code. The county board is the fiscal agent for
construction. All planning, design, bidding and construction shall
must be completed with authority guidelines and under the
supervision of the authority.
(c) When planning the construction of a high school which has
been approved by the authority and meets the required authority
efficiencies, the authority shall provide funding sufficient for
the construction of at least one auxiliary gymnasium. The
authority may establish standards for the auxiliary gymnasium.
(d) Upon application of a county board to construct comprehensive vocational facilities at an existing high school, the
authority will provide technical assistance to the county in
developing a plan for construction of the comprehensive vocational
facility. The facility may, in cooperation with the higher
education policy commission in accordance with the provisions of
subsection (b) of this section, include facilities for community
and technical college education. Upon development of the plan, the
authority shall consider funding based on the following criteria:
(1) The distance of any existing vocational facilities from
the high schools it serves;
(2) The time required to travel to and from the vocational
facility to the high schools it serves;
(3) The ability of the county board to provide local funds for
the construction of new comprehensive vocational facilities;
(4) The size of the existing high schools and the demand for
vocational technical courses;
(5) The age and physical condition of the existing vocational
facilities; and
(6) Such other criteria as the authority shall consider
appropriate.
(e) When planning the construction of a high school in a
county which is served by a multicounty vocational technical
facility, the county may not be required to include the
construction of a comprehensive vocational facility in the plan.
If the county board elects to construct a comprehensive vocational
facility pursuant to this section, the board shall include the multicounty center director and board in planning programs to be
offered at the vocational facility which complement the programs
offered at the multicounty center and may as part of the plan
include facilities for community and technical college education at
the multicounty center. The programs offered at the vocational
facility may not replace the programs offered at the multicounty
vocational technical center without the consent of the center
board.
_____(f) Notwithstanding other provisions of this section to the
contrary, the board of a county in which there is an existing
county comprehensive vocational center may not be required to plan
construction of a comprehensive vocational facility when planning
the construction of a new high school. If the county elects to do
so, the plan must consider programs which complement the programs
of the county center and may include facilities for community and
technical college education in accordance with this section.
ARTICLE 10H. ALBERT YANNI PROGRAMS OF EXCELLENCE IN VOCATIONAL-
TECHNICAL EDUCATION.
§18-10H-6. Effective schools program in vocational-technical
education.
The state board of education shall establish and operate an
effective schools program for vocational-technical education,
including introductory vocational-technical courses in middle
school grades as appropriate. The purpose of the program is to
provide vocational-technical education personnel with resources and
staff development for school program improvement based on application of the effective schools research, including components
such as instructional leadership, school climate, high student
expectations, emphasis on academic and occupational achievement and
community and parental involvement. The program shall be
coordinated by the bureau of vocational, technical and adult
education with the advisement from a committee composed of two
vocational administrators, two vocational teachers, one vocational
guidance counselor, one educator of vocational teachers, one county
school superintendent, one comprehensive high school principal, one
academic teacher, two business/industry representatives, one labor
representative and one vocational education program completer.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 180--A Bill to amend and
reenact sections three, six, fifteen, sixteen and nineteen, article
nine-d, chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and reenact
section six, article ten-h of said chapter, all relating to public
education; authorizing school building authority to require flood
insurance for certain facilities; authorizing authority to accept
gift, grant, contribution, bequest or endowment for authority or
projects, including equipment; authorizing authority to encourage
work-based learning opportunities for students on funded projects
and outlining conditions; authorizing use of certain authority
funds to finance construction and improvements on a cash basis when certain conditions are met; requiring authority to reserve certain
funds for priority use for certain multiuse vocational-technical
educational facilities; authorizing use of reserved funds for
equipment and updates; specifying bodies that may propose projects;
authorizing reserve of certain project funds for certain period to
complete budget; requiring major improvement plan as prior
condition for distribution of funds; prohibiting distribution of
funds to county not prepared to commence expenditure during fiscal
year; requiring up-to-date enrollment projections in facility plans
and updates; authorizing inclusion of facilities for community and
technical college education in plans to construct comprehensive
vocational facilities at existing high schools; providing exception
from requirement for comprehensive vocational facilities in
counties served by multicounty center or existing county center;
establishing planning process if such county elects to construct
comprehensive center; limiting effect on existing programs; and
including introductory vocational-technical courses in middle
school grades as part of effective schools for vocational-technical
education.
On motion of Senator Plymale, the following amendments to the
House of Delegates amendments to the bill (Eng. Com. Sub. for S. B.
No. 180) were reported by the Clerk, considered simultaneously, and
adopted:
On page seventeen, section fifteen, subsection (d), by
striking out the word "twenty-five" and inserting in lieu thereof
the word "five";
On page seventeen, section fifteen, subsection (d), by
striking out the word "shall" and inserting in lieu thereof the
word "may";
On page twenty-one, section fifteen, subsection (g), after the
word "distribution." by inserting the following: Funds may not be
distributed to any county board that does not have a comprehensive
educational facility plan approved by the state board and the
school building authority or to any county board that is not
prepared to commence expenditure of the funds during the fiscal
year in which the moneys are distributed.;
On page twenty-five, section fifteen, subsection (n),
subdivision (2), by striking out the word "giver" and inserting in
lieu thereof the word "given";
On page twenty-five, section fifteen, subsection (n),
subdivision (3), by striking out the words "reserve designation
date" and inserting in lieu thereof the words "date the funding is
set aside by the authority";
On page twenty-seven, section sixteen, subsection (b), by
striking out the following: Funds may not be distributed to any
county board that does not have a comprehensive educational
facility plan approved by the state board and the school building
authority or to any county board that is not prepared to commence
expenditure of the funds during the fiscal year in which the moneys
are distributed.;
On page thirty-six, section nineteen, by striking out all of
subsection (f) and inserting in lieu thereof a new subsection (f), to read as follows:
(f) Notwithstanding any other provisions of this section to
the contrary, the county board in which there is an existing
comprehensive vocational center, may eliminate any vocational
offering from a new comprehensive high school if the county board:
(1) Completes a comprehensive vocational curriculum study, as
required by the authority, including an evaluation of both the
programmatic and physical facilities of the existing center and
coordinates the county's vocational curriculum; and
(2) Submits the plan to the authority for review and obtains
the authority's approval.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 180--A Bill to amend and
reenact sections three, six, fifteen, sixteen and nineteen, article
nine-d, chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and reenact
section six, article ten-h of said chapter, all relating to public
education; authorizing school building authority to require flood
insurance for certain facilities; authorizing authority to accept
gift, grant, contribution, bequest or endowment for authority or
projects, including equipment; authorizing authority to encourage
work-based learning opportunities for students on funded projects
and outlining conditions; authorizing use of certain authority
funds to finance construction and improvements on a cash basis when certain conditions are met; allowing authority to reserve certain
funds for priority use for certain multiuse vocational-technical
educational facilities; authorizing use of reserved funds for
equipment and updates; specifying bodies that may propose projects;
authorizing reserve of certain project funds for certain period to
complete budget; requiring approved comprehensive educational
facility plan as prior condition for distribution of funds;
prohibiting distribution of funds to county not prepared to
commence expenditure during fiscal year; requiring up-to-date
enrollment projections in facility plans and updates; authorizing
inclusion of facilities for community and technical college
education in plans to construct comprehensive vocational facilities
at existing high schools; providing that counties served by a
multicounty vocational technical facility are not required to
include the construction of a comprehensive vocational facility in
the plan for construction of a new high school; requiring board to
include multicounty vocational technical facility director and
board in planning programs; prohibiting programs at the vocational
facility from replacing the programs at the multicounty vocational
technical facility without the consent of the center board;
authorizes a county served by a comprehensive vocational center to
eliminate any vocational offering from a new comprehensive high
school under certain circumstances; and including introductory
vocational-technical courses in middle school grades as part of
effective schools for vocational-technical education.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments, as amended.
Engrossed Committee Substitute for Senate Bill No. 180, as
amended, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 180) passed with its Senate amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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 S. B. No. 180) takes effect from passage.
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 passage of
Eng. Senate Bill No. 189, Relating to approval of out-of-state
bank applications to establish bank branches.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 190, Requiring more examinations for
certain banks to track current practice with federal regulators.
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. 191, Relating to
state-chartered credit union converting to federal or another state
charter.
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 three, section three, lines thirty-five and thirty-
six, by striking out the words "vote approving the conversion is
taken" and inserting in lieu thereof the words "commissioner of
banking has approved the conversion in writing".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 191, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 191) 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, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Senate Bill No. 192, Relating to notice from certain bank
holding companies.
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 pages four and five, section seven, by striking out all of
subsection (f) and inserting in lieu thereof a new subsection (f),
to read as follows:
(f) Any parent bank holding company or bank holding company
having, or through a subsidiary having, a place of business in this
state shall provide the commissioner with notice of any filing it
makes with the board of governors of the federal reserve to declare
its intent to become a financial holding company. The notice
required herein may be met by filing copies of the federal filings
or forms containing the information filed with the board of
governors of the federal reserve and shall be filed with the
commissioner no later than two weeks after the date the declaration
of intent is filed with the federal reserve.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 192, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 192) 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, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Com. Sub. for Senate Bill No. 204, Relating to
involuntary commitment generally.
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, after line twelve, by inserting the
following:
Notwithstanding any language in subsection (a) of this section
to the contrary, if the individual to be examined under the
provisions of this section is incarcerated in a jail, prison or
other correctional facility, then only the chief administrative
officer of the facility holding the individual may file the
application, and the application must include the additional
statement that the correctional facility itself cannot reasonably
provide treatment and other services for the individual's mental
illness or addiction.;
On page fourteen, section three, line nine, after the word "certification" by inserting the words "practicing in compliance
with article seven of said chapter";
And,
On page fourteen, section three, line thirteen, after the word
"addicted" by changing the period to a colon and inserting the
following proviso: Provided, That the opinions offered by an
independent clinical social worker or an advanced nurse
practitioner with psychiatric certification must be within their
particular areas of expertise, as recognized by the order of the
authorizing court.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 204, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 204) 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. Rev. Com. Sub. for Senate Bill No. 329, Authorizing
miscellaneous agencies and boards to 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 five, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO
PROMULGATE LEGISLATIVE RULES.
§64-9-1. Commissioner of agriculture.
The legislative rule filed in the state register on the
twenty-second day of July, two thousand two, authorized under the
authority of section three, article two-b, chapter nineteen of this
code, relating to the commissioner of agriculture (inspection of
meat and poultry, 61 CSR 16), is authorized.
§64-9-2. Contractor licensing board.
The legislative rule filed in the state register on the ninth
day of July, two thousand two, authorized under the authority of
sections five and sixteen, article eleven, chapter twenty-one of
this code, modified by the contractor licensing board to meet the objections of the legislative rule-making review committee and
refiled in the state register on the fourth day of December, two
thousand two, relating to the contractor licensing board (West
Virginia contractor licensing act, 28 CSR 2), is authorized with
the following amendment:
"On page nine, section four, subsection 4.1, following the
last semicolon by inserting the following 'or any commercial
property intended for sale or lease by an entity other than the
employer where the total cost of the total undertaking, labor and
materials, exceeds ten thousand dollars ($10,000.00);'"
§64-9-3. Courthouse facilities improvement authority.
The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand two, under the authority of
section three-a, article twenty-six, chapter twenty-nine of this
code, modified by the courthouse facilities improvement authority
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the nineteenth day
of September, two thousand two, relating to the courthouse
facilities improvement authority (courthouse facilities improvement
authority, 203 CSR 1), is authorized with the following amendment:
On page one, subsection 3.4, after the words "the Authority
shall" by striking out the words "make a written recommendation"
and inserting in lieu thereof the words "issue a written
notification".
§64-9-4. Board of dental examiners.
(a) The legislative rule filed in the state register on the fifth day of April, two thousand two, under the authority of
section one, article four, chapter thirty of this code, modified by
the board of dental examiners to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the first day of November, two thousand two, relating
to the board of dental examiners (general provisions, 5 CSR 1), is
authorized with the following amendments:
"Beginning on page eleven, section eight, subsection 8.2, by
striking subdivisions (d), (e), (i), (j), (k), (l), (n), (p), (q),
(r), (s),(t),(u),(y),(z),(aa),(bb),(cc) and (dd);
And,
Beginning on page thirteen, section eight, subsection 8.3 by
striking the entire subsection and inserting the following:
'8.3 Expanded duties of dental hygienists. In addition to
and including those duties set forth in subsection 8.2 of this
section, a licensed dentist may assign the following duties and /or
or intraoral tasks assigned by a licensed dentist to a dental
hygienist in the licensed dentist's employment:
(a) Supra and Subgingival scaling of teeth;
(b) Placement of subgingival medicaments, fibers, chips, etc.;
(b) (c) Polishing of coronal and/or exposed surfaces of teeth;
(c) Dental Health Education;
(d) Nutritional Counseling;
(e) Application of caries preventive agents and other topical
medicaments to the surfaces of teeth and surrounding tissues
(including topical anesthesia);
(f) Placing, exposing, developing and mounting dental
radiographs;
(g) Finishing and polishing amalgams, resin, composite and
silicate restorations;
(h) Examining and recording periodontal findings;
(h) Scaling excessive cement from the surfaces of teeth and
restorations;
(i) Performing clinical examinations and diagnostic test of
teeth and surrounding tissues and recording findings for
interpretation by a dentist (includes such procedures as
restorative chartings, caries activity test, cytology smears,
salivary analysis and smears, endodontic cultures, vitality test,
etc.);
(j) Removing soft tissue dressings;
(j) Removing ligature wires;
(k) Preparing medical and dental histories for interpretation
by a dentist;
(l) Placing and removing rubber dams;
(m) (l) Taking intra- and extra-oral photographs; and
(n) (m) Removing oral sutures;
(o) (n) Applying pit and fissure sealants with a final
evaluation by the supervising dentist;
(o) Using a power-driven handpiece with a rubber cup or brush
only for preparing a tooth for accepting a restoration or
appliance;
_____(p) Examing and recording periodontal findings.'"
(b) The legislative rule filed in the state register on the
tenth day of May, two thousand two, under the authority of section
one, article four, chapter thirty of this code, modified by the
board of dental examiners to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-eighth day of May, two thousand two, relating to the
board of dental service examiners (formation and approval of dental
corporations, 5 CSR 6), is authorized with the following
amendments:
"On page one, section three, subsection one, after the words
'shall have as a', by striking out the word 'member' and inserting
in lieu thereof the word 'shareholder';
On page one, section three, subsection four, after the words
'on or before the', by striking out the words 'first day of July'
and inserting in lieu thereof the words 'thirtieth day of June' and
after the word 'every' by striking out the word 'member' and
inserting in lieu thereof the word 'shareholder';
On page one, section three, subsection five, after the words
'on or before the', by striking out the words 'first day of July'
and inserting in lieu thereof the words 'thirtieth day of June';
And,
On page one, section three, subsection seven, on each of the
three occasions that the word 'member' appears, by striking out the
word 'member' and inserting in lieu thereof the word
'shareholder'."
§64-9-5. Family protection services board.
(a) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section four hundred one, article twenty-six, chapter forty-eight
of this code, modified by the family protection services board to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the tenth day of January, two
thousand three, relating to the family protection services board
(operation of the family protection services board, 191 CSR 1), is
authorized with the following amendments:
"On page three, section three, by inserting a new subsection
to read as follows:
'3.11 "Partner Agencies" means state and community
organizations whose mission and purpose require their response to
the needs of victims of domestic violence and their children." and
by renumbering the remaining subsections accordingly;
And,
On page eight, section five, subsection six, subdivision (c),
following the words 'fifteen (15) days', by inserting the words
'after the receipt of the notice'."
(b) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section four hundred one, article twenty-six, chapter forty-eight
of this code, modified by the family protection services board to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the tenth day of January, two
thousand three, relating to the family protection services board (licensure of domestic violence and perpetrator intervention
programs, 191 CSR 2), is authorized with the following amendment:
"On page seven, section three, subsection one, subdivision
(g), after the words 'client service agreements' by striking out
the words 'and other purchase of service agreements that exceed one
thousand dollars ($1000.00) annually'."
(c) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section four hundred one, article twenty-six, chapter forty of this
code, modified by the family protection services board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the tenth day of January, two
thousand three, relating to the family protection services board
(perpetrator intervention program licensure, 191 CSR 3), is
authorized with the following amendments:
"On page one, section three, subsection one, subdivision (b),
after the words 'client service agreements' by striking out the
words 'and other purchase of service agreements that exceed one
thousand dollars ($1000.00) annually';
On page six, section three, subsection three, subdivision (c),
paragraph (4), by striking the words 'Cultural competency', and
inserting in lieu thereof the words 'Cultural sensitivity';
On page six, section three, subsection four, after the words
'conducted by the program', by inserting the word 'director';
And,
On page nine, section three, subsection twelve, subdivision (a), by striking out the words 'Frequency of and reasons for low
attendance of perpetrator(s).', and inserting in lieu thereof the
words 'Attendance records of perpetrator(s) including reason(s) for
repeated absences.'"
(d) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section four hundred one, article twenty-six, chapter forty-eight
of this code, modified by the family protection services board to
meet the objections of the legislative rule-making review committee
and refiled in the state register on the tenth day of January, two
thousand three, relating to the family protection services board
(monitored visitation and exchange program certification, 191 CSR
4), is authorized.
§64-9-6. Board of funeral service examiners.
(a) The legislative rule filed in the state register on the
twenty-sixth day of June, two thousand two, under the authority of
sections five and six, article six, chapter thirty of this code,
modified by the board of funeral service examiners to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of January, two
thousand three, relating to the board of funeral service examiners
(general provisions, 6 CSR 1), is authorized with the following
amendment:
"On page thirteen, section sixteen, subsection ten,
subdivision two, by striking the words 'twenty five dollars ($25)'
and inserting in lieu thereof the words 'fifteen dollars ($15)'."
(b) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section six, article six, chapter thirty of this code, modified by
the board of funeral service examiners to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the sixteenth day of January, two thousand three,
relating to the board of funeral service examiners (crematory
requirements, 6 CSR 2), is authorized with the following amendment:
"On page twenty-three, section twenty, subsection seven,
subdivision two, by striking the words 'twenty five dollars ($25)'
and inserting in lieu thereof the words 'fifteen dollars ($15)'."
§64-9-7. Governor's committee on crime, delinquency and
correction.
(a) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, authorized under the
authority of section three, article eleven-c, chapter sixty-two of
this code, relating to the governor's committee on crime,
delinquency and correction (community corrections standards, 149
CSR 4), is authorized.
(b) The legislative rule filed in the state register on the
eighth day of July, two thousand two, authorized under the
authority of section three, article twenty-nine, chapter thirty of
this code, modified by the governor's committee on crime,
delinquency and correction to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the nineteenth day of December, two thousand two, relating to the governor's committee on crime, delinquency and
correction (law-enforcement training standards, 149 CSR 2), is
authorized.
§64-9-8. Massage therapy licensure board.
The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section six, article thirty-seven, chapter thirty of this code,
modified by the massage therapy licensure board to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of November,
two thousand two, relating to the massage therapy licensure board
(general provisions, 194 CSR 1), is authorized.
§64-9-9. Board of medicine.
The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, under the authority of
section sixteen, article three, chapter thirty of this code,
modified by the board of medicine to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-third day of October, two thousand two,
relating to the board of medicine (licensure, disciplinary and
complaint procedures, continuing education and physician
assistants, 11 CSR 1B), is authorized.
§64-9-10. Nursing home administrators licensing board.
The legislative rule filed in the state register on the
sixteenth day of May, two thousand two, under the authority of
section seven, article twenty-five, chapter thirty of this code, modified by the nursing home administrators licensing board to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the twentieth day of December, two
thousand two, relating to the nursing home administrators licensing
board (nursing home administrators, 21 CSR 1), is authorized.
§64-9-11. Board of optometry.
The legislative rule filed in the state register on the fifth
day of June, two thousand two, authorized under the authority of
section five, article eight, chapter thirty of this code, modified
by the board of optometry to meet the objections of the legislative
rule-making review committee and refiled in the state register on
the twenty-third day of December, two thousand two, relating to the
board of optometry (licensure by endorsement, 14 CSR 8), is
authorized.
§64-9-12. Board of pharmacy.
(a) The legislative rule filed in the state register on the
seventeenth day of July, two thousand two, authorized under the
authority of section six, article nine, chapter sixty-a of this
code, modified by the board of pharmacy to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-eighth day of October, two thousand
two, relating to the board of pharmacy (controlled substances
monitoring, 15 CSR 8), is authorized with the following amendment:
"On page three, by striking out all of section five and
inserting in lieu thereof the following:
§15-8-5. Prescription forms.
5.1. The purpose of this section is to establish minimum
requirements that will decrease the potential for forgery or
alteration of a prescription or a prescription blank for a
controlled substance.
5.2. After June 1, 2003, the Board of Pharmacy recommends that
a written prescription for a controlled substance in Schedule II,
III or IV be on a security prescription blank.
5.3. Minimum Requirements of a Security Prescription Blank.
5.3.1. A prescription for a controlled substance should
contain the following security features:
(a) A latent, repetitive "void" pattern screened and printed
across the entire front of the prescription blank. If the
prescription is photocopied, the word "void" shall appear in a
pattern across the entire front of the prescription;
(b) A watermark printed on the backside of the prescription
blank so that it is only seen at a forty-five (45) degree angle;
(c) An opaque "Rx" symbol or an "Rx" symbol printed in
disappearing ink shall appear in the upper part of the blank. The
symbol shall disappear if the prescription copy is lightened;
(d) Six (6) quantity check-off boxes printed on the form and
the following quantities shall appear:
(1) ? 1-24;
(2) ? 25-49;
(3) ? 50-74;
(4) ? 75-100;
(5) ? 101-150; and
(6) ? 151 and over:
Provided, That if the blank has the quantity prescribed
electronically printed in both numeric and word format, then the
quantity check-off boxes would not be necessary;
(e) The following statement printed on the bottom of the
prescription blank: "Prescription is void if more than one (1)
controlled substance prescription is written per blank"; and
(f) Refill options in the following order: Refill NR 1 2 3 4
5: Provided, That if the blank has the refill amount electronically
printed in both numeric and word format, then the quantity check
off boxes would not be necessary.
5.3.2. A prescription shall bear the preprinted, stamped,
typed or manually printed name, address and telephone number of the
prescribing practitioner.
5.3.3. A prescription blank for a controlled substance
shall not contain:
(a) An advertisement on the front or the back of the
prescription blank;
(b) The preprinted name of a controlled substance; or
(c) The written, typed or rubber-stamped name of a controlled
substance until the prescription blank is signed, dated and issued
to a patient.
5.3.4. A prescription blank for a controlled substance
shall provide space for the patient's name and address, the
practitioner's signature and the practitioner's DEA registration
number.
5.3.5. Only one (1) controlled substance prescription blank
shall be written per prescription blank.
5.3.6. A quantity check-off box that corresponds to the
quantity prescribed shall be marked or the quantity electronically
printed in both numeric and word format.
5.3.7. If a prescribed drug is a Schedule II, III or IV
controlled substance, a refill option shall be marked or the refill
amount electronically printed in both numeric and word format.
5.3.8. If a prescription for a Schedule II, III or IV
controlled substance will be transmitted to a pharmacy by
facsimile, the practitioner or the practitioner's agent shall,
prior to transmission, write or stamp "FAXED" on the face of the
original prescription along with the date and the person's
initials.
5.3.9. If a prescription for a Schedule II, III or IV
controlled substance has been transmitted to a pharmacy by
facsimile, the transmitting practitioner shall file the original
prescription in the patient's record.
5.3.10. A pharmacist shall not be required to use a security
prescription blank to record an oral prescription or a transferred
prescription for a Schedule II, III or IV controlled substance.
5.3.11. The requirements of this section do not apply to
prescriptions for controlled substances that are electronically
transmitted from a prescriber to a pharmacy: Provided, That all
electronically transmitted prescriptions for controlled substances
shall comply with all federal requirements."
(b) The legislative rule filed in the state register on the
seventeenth day of July, two thousand two, authorized under the
authority of section seven-c, article five, chapter thirty of this
code, modified by the board of pharmacy to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-eighth day of October, two thousand
two, relating to the board of pharmacy (pharmacist recovery
networks, 15 CSR 10), is authorized.
§64-9-13. Radiologic technology board of examiners.
The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand two, under the authority of
section five, article twenty-three, chapter thirty of this code,
modified by the board of examiners of radiologic technology to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of November,
two thousand two, relating to the board of examiners of radiologic
technology (rules of the board, 18 CSR 1), is authorized with the
following amendments:
"On page two, section two, subsection (e), subdivision seven,
after the word 'violating', by striking out the words 'provisions
of subsection 3.6 of this rule' and inserting in lieu thereof the
words 'rules of the board';
On page three, section four, subsection two, subdivision (e),
by striking out the word 'penalty';
And,
On page six, section seven, subsection 4.7.e by striking out the words "$15.00" and inserting in lieu thereof the words 'maximum
allowable by West Virginia State Code'."
§64-9-14. Real estate appraiser licensing and certification board.
(a) The legislative rule filed in the state register on he
twenty-fifth day of July, two thousand two, under authority of
section nine, article thirty-eight, chapter thirty of this code,
modified by the real estate appraiser licensing and certification
board to meet the objections of the legislative rule-making review
committee and filed in the state register on the thirtieth day of
September, two thousand two, relating to the real estate appraiser
licensing and certification board (requirements for licensure and
certification, 190 CSR 2), is authorized.
(b) The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand two, under the authority of
section nine, article thirty-eight, chapter thirty of this code,
relating to the real estate appraiser licensing and certification
board (renewal of licensure or certification, 190 CSR 3), is
authorized.
§64-9-15. Real estate commission.
(a) The legislative rule filed in the state register on the
nineteenth day of July, two thousand two, under the authority of
section eight, article forty, chapter thirty of this code, relating
to the real estate commission (requirements in licensing real
estate brokers, associate brokers and salespersons and the conduct
of brokerage business, 174 CSR 1), is authorized with the following
amendment:
"On page nine, section sixteen, paragraph 16.3.b.1., following
the words 'interest bearing', by striking out the word 'account'
and inserting in lieu thereof the words 'trust fund account
established in compliance with WV Code §30-40-18'."
(b) The legislative rule filed in the state register on the
nineteenth day of July, two thousand two, under the authority of
section eight, article forty, chapter thirty of this code, relating
to the real estate commission (schedule of fees, 174 CSR 2), is
authorized.
(c) The legislative rule filed in the state register on the
nineteenth day of July, two thousand two, under the authority of
section eight, article forty, chapter thirty of this code, modified
by the real estate commission to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the twenty-second day of November, two thousand two,
relating to the real estate commission (requirements in approval
and registration of real estate courses, course providers and
instructors, 174 CSR 3), is authorized.
§64-9-16. Secretary of state.
The legislative rule filed in the state register on the
twenty-second day of July, two thousand two, authorized under the
authority of section four, article six-j, chapter forty-six-a of
this code, modified by the secretary of state to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of October,
two thousand two, relating to the secretary of state (registry for notification of a state of emergency, 153 CSR 33), is authorized.
§64-9-17. Board of veterinary medicine.
(a) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, authorized under the
authority of section four, article ten, chapter thirty of this
code, modified by the board of veterinary medicine to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of
December, two thousand two, relating to the board of veterinary
medicine (standards of practice, 26 CSR 4), is authorized.
(b) The legislative rule filed in the state register on the
twenty-sixth day of July, two thousand two, authorized under the
authority of section four, article ten, chapter thirty of this
code, relating to the board of veterinary medicine (schedule of
fees 26 CSR 6), is authorized.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Revised Committee Substitute for Senate Bill No.
329, as amended by the House of Delegates, was then put upon its
passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Rev. Com. Sub. for S. B. No. 329) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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.
Rev. Com. Sub. for S. B. No. 329) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 336, Relating to uniform application
forms for credentialing, recredentialing and updating information
for health care practitioners.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 337, Simplifying process for adoption of
children from foreign countries.
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. Com. Sub. for Senate Bill No. 338, Establishing medicaid
buy-in program for certain individuals with disabilities.
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, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That chapter nine of the code of West Virginia, one thousand,
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article four-b, to read as follows:
ARTICLE 4B. MEDICAID BUY-IN PROGRAM.
§9-4B-1.
Legislative findings.
(a) The Legislature finds that there are many individuals in
this state who have disabilities that qualify them for state or
federal assistance and who are, nonetheless, willing and able to
enter the workforce, but do not do so out of fear of losing
essential medical care. As a result, the state realizes increased
costs in fully supporting these disabled individuals who, in turn, suffer under an additional disability of being deprived of the
additional income, dignity and self-sufficiency derived by being
engaged in competitive employment.
(b) The Legislature finds that establishing a medicaid buy-in
program for certain individuals with disabilities will assist them
in becoming independent of public assistance by enabling them to
enter the workforce without fear of losing essential medical care.
§9-4B-2. Definitions.
As used in this article:
(1) "Approved accounts" means any retirement account that the
secretary has determined is not to be included as an asset in
determining the eligibility of an individual for participation in
the buy-in program. Approved accounts may include, but not be
limited to, private retirement accounts such as individual
retirement accounts; other individual accounts; and employer-
sponsored retirement plans such as 401(k) plans, Keogh plans and
employer pension plans.
(2) "Basic coverage group" means an optional coverage group as
defined by the Ticket to Work and Work Incentives Improvement Act
of 1999.
(3) "Copayment" is a fixed fee to be paid by the patient at
the time of each office visit, outpatient service or filling of
prescriptions.
(4) "Cost-sharing" means the eligible participant will
participate in the cost of the program by paying the enrollment
fee, monthly premiums and copayments if established by the department.
(5) "Countable income" means income that does not exceed two
hundred fifty percent of the federal poverty level: Provided, That
for purposes of this article, countable income does not include:
(A) The income of the individual's spouse, parent or guardian
with whom he or she resides; and
(B) Income disregarded under the state medicaid plan's
financial methodology, including income disregarded under the
federal supplemental security income program (42 U. S. C. §1382) as
impairment-related work expenses.
(6) "Countable resources" includes earned and unearned income:
Provided, That countable resources but does not include:
(A) Liquid assets of up to five thousand dollars for an
individual;
(B) Liquid assets of up to ten thousand dollars for a family;
(C) Retirement accounts; and
(D) Independence accounts.
(7) "Department" means the department of health and human
resources.
(8) "Disability" means a medically determinable physical or
mental condition that:
(A) Can be expected to result in death or has lasted, or can
be expected to last, for a continuous period of not less than
twelve months; and
(B) Renders a person unable to engage in substantial gainful
activity; and
(C) Is a disability defined by social security administration
criteria and has been determined by either the social security
administration or the West Virginia department of health and human
services.
(9) "Eligible buy-in participant" means an individual who:
(A) Is a resident of the state of West Virginia;
(B) Has a disability as defined herein;
(C) Is at least sixteen years of age and less than sixty-five
years of age;
(D) Is engaged in competitive employment, including self-
employment or nontraditional work that results in remuneration at
or above minimum wage in an integrated setting;
(E) Has countable resources that do not exceed the resource
limits as defined in this article; and
(F) Has countable income that does not the income limits as
defined in this article.
(10) "Enrollment fee" means a one-time fee to participate in
the medicaid buy-in program.
(11) "Federal benefit rate" is the amount of monthly federal
or state benefits paid to persons with limited income and resources
who are age sixty-five or older, blind or disabled;
(12) "Federal poverty level" means the level of personal or
family income below which one is classified as poor according to
federal governmental standards, commonly referred to as the federal
poverty guidelines, which are issued and printed each year in the
federal register.
(13) "Income" means money earned from employment wages or
self-employment earnings and unearned money received from any other
source.
(14) "Independence accounts" are department-approved accounts
established with the department solely by funds paid from the
earned income of an eligible buy-in participant to cover expenses
necessary to enhance or maintain his or her independence or
increase employment opportunities. Approved expenditures from the
funds may include: Educational expenses, work-related expenses,
home purchase or modification, transportation, medical expenses,
assistive technology and related services or for short-term living
expenses in times of qualified emergencies as determined by the
department.
(15) "Liquid assets" are cash or assets payable in cash on
demand, including financial instruments that can be converted to
cash within twenty working days. For purposes of this article,
national, state and local holidays are not working days.
(16) "Premium" is a monthly fee paid by an eligible buy-in
participant to continue participation in the program.
(17) "Resources" are possessions that the eligible buy-in
participant owns that could be changed to cash and used for food,
clothing or shelter and that qualify as resources under the
applicable social security administration guidelines.
(18) "Retirement accounts" are moneys invested in approved
retirement funds and accounts that are disregarded as an asset by
the department in determining the eligibility of an individual for participation in the buy-in program.
§9-4B-3. Medicaid buy-in program; funding.
(a) The medicaid buy-in program for working individuals with
disabilities is hereby established to provide medicaid benefits to
individuals who are disabled and employed, as authorized under
Section 201 of the federal Ticket to Work and Work Incentives
Improvement Act of 1999 (P.L. 106-170, 42 U. S. C. §1396, et seq.).
The medicaid buy-in program shall become effective as of the first
day of July, two thousand three.
(b) Funding for the buy-in program shall be from funds
appropriated by the Legislature, premiums paid, enrollment fees and
any federal matching funding available to the program.
§9-4B-4. Eligibility guidelines.
(a) To be eligible to participate in the buy-in program
beginning the first day of July, two thousand three, an individual
shall:
(1) Be a resident of the state of West Virginia;
(2) Have a disability that is defined and determined by the
social security administration or the department;
(3) Be at least sixteen years of age but not more than sixty-
four years of age;
(4) Be engaged in competitive employment, including self-
employment or nontraditional work that results in remuneration at
or above minimum wage in an integrated setting;
(5) Have countable resources that do not exceed the resource
limit for the supplemental security income program;
(6) Have countable income that does not exceed two hundred
fifty percent of the federal poverty level;
(7) Have total countable unearned income, using the social
security income program methodology, that does not exceed the
federal benefit rate plus the general income exclusion; and
(8) Except as provided in section five of this article, not
have countable resources that exceed the resource limits for the
federal supplemental security income program.
(b) The secretary shall establish a method of providing notice
of the availability of participation in the medicaid buy-in
program. The secretary shall develop all forms and notices
necessary to implement the provisions of this article, including
forms for application to the program, determination of eligibility
and continued participation and notices that advise all eligible
buy-in participants of the rights, benefits, obligations and
participation requirements of the program, including, but not
limited to, notice of fees, premiums, premium adjustments, periodic
review, length of time for which benefits may be paid and
disqualifying factors.
§9-4B-5. Exceptions to qualifying factors.
(a) An individual who is enrolled in the buy-in program and
who no longer meets the eligibility requirements of the basic
coverage group due to an improvement in the individual's medical
condition may continue to be eligible for medicaid coverage under
the buy-in program if the individual meets the following
requirements:
(1) The individual continues to have a severe medically
determinable impairment as determined by the department and as
defined and recognized by federal law;
(2) The individual is employed and earning a monthly wage that
is not less than the federal minimum hourly wage times forty;
(3) The individual does not have income or countable resources
in excess of the limits established for the basic coverage group;
(4) The individual is at least sixteen years of age and less
than sixty-five years of age;
(5) The individual pays any premiums or other cost sharing
required under this chapter; and
(6) The individual meets all other eligibility requirements
under this section.
(b) An individual who is enrolled in the buy-in program and
who is unable to maintain employment for involuntary reasons,
including temporary leave due to a health problem or involuntary
termination, may continue to be eligible for medicaid coverage
under the buy-in program if the individual meets the following
requirements:
(1) Within thirty days after the date on which the individual
becomes unemployed, the individual, or an authorized representative
of the individual, submits a written request to the office that the
individual's medicaid coverage be continued;
(2) The individual maintains a connection to the workforce
during the individual's continued eligibility period by
participating in at least one of the following activities:
(A) Enrollment in a state or federal vocational rehabilitation
program;
(B) Enrollment or registration with the office of workforce
development;
(C) Participation in a transition from school-to-work program;
(D) Participation with an approved provider of employment
services;
(E) Provision of documentation from the individual's employer
that the individual is on temporary involuntary leave;
(F) The individual does not have income or countable resources
in excess of the limits established under this section;
(G) The individual is at least sixteen years of age and less
than sixty-five years of age;
(H) The individual pays any premiums or other cost sharing
required under this section; and
(I) The individual meets all other eligibility requirements
under this section.
(c) The department shall continue medicaid coverage under the
buy-in program for an individual described in subsection (b) of
this section for up to six months from the date of the individual's
involuntary loss of employment.
(d) If an individual is ineligible for continued coverage
under the buy-in program because he or she fails to meet the
requirements of subsection (b) of this section or has already
fulfilled twelve months of continuing eligibility, the individual
shall be required to meet the eligibility requirements of another available medicaid program in order to continue to be eligible for
medicaid benefits.
§9-4B-6. Fees, premiums and periodic reviews.
(a) The department shall charge a fifty-dollar enrollment fee
to all participants in the medicaid buy-in program. Upon payment
of the enrollment fee, the first month's premium payment is waived.
Medicaid coverage begins on the first day of the month following
payment of the enrollment fee.
(b) The department shall develop a sliding scale of premiums
for individuals participating in the buy-in program. The sliding
scale shall:
(1) Be based on the annual gross income of the individual; and
(2) Provide for a minimum premium of fifteen dollars and a
maximum monthly premium not to exceed three and one half percent of
the individual's gross monthly income.
(c) Subject to the minimum and maximum amounts described in
this section, the department may annually adjust the scale of
premiums charged for participation in the medicaid buy-in program.
(d) The department shall biannually review the amount of the
premium that an individual is required to pay under this section.
(e) The department may increase the premium required only
after conducting a review.
(f) The department shall decrease the premium that an eligible
buy-in participant is required to pay if:
(1) The individual notifies the office of a change in income
or family size; and
(2) The sliding scale adopted by the department applied to the
individual's changed circumstances prescribes a premium for the
individual that is lower than the premium the individual is paying.
(g) The department shall establish administrative procedures
regarding premiums for the buy-in program, including:
(1) The effect of nonpayment of a premium; and
(2) The collection of premiums.
(h) The department shall establish criteria to base the
biannual redetermination of disability required for an individual
participating in the buy-in program on the individual's medical
evidence, including evidence of physical or mental impairment.
(i) In conducting the biannual redetermination described in
this section, the department may not determine that an individual
participating in the buy-in program is no longer disabled solely on
the individual's:
(1) Participation in employment;
(2) Earned income; or
(3) Income from self-employment.
§9-4B-7. Benefits of the medicaid buy-in program.
(a) Except as otherwise provided in this article, an eligible
buy-in participant shall receive the same benefits that he or she
would otherwise receive as a recipient of medicaid benefits,
including home health care services.
(b) Except as otherwise provided in this article, an eligible
buy-in participant is subject to the same obligations and
requirements, including cost sharing, that he or she would otherwise be subject to as recipient of medicaid benefits.
§9-4B-8. Analytical criteria and reporting requirements.
(a) The secretary shall establish criteria to determine the
effectiveness of the medicaid buy-in program and continued medicaid
coverage through Section 1619 of the federal Social Security Act
(42 U. S. C. §1382(h)). The criteria shall include an analysis of
the following:
(1) The number of individuals with disabilities who are:
(A) Enrolled in the buy-in program; or
(B) Receiving medicaid through Section 1619 of the federal
Social Security Act (42 U. S. C. §1382(h));
(2) The amount of state revenues resulting from premiums paid
by participants in the buy-in program; and
(3) The amount of state costs incurred as a result of
implementing the buy-in program, including administrative costs and
costs of providing services.
(b) In addition to the criteria required under subsection (b)
of this section, the secretary may establish criteria to determine
the following:
(1) Comparative costs of medicaid-funded services for
participants in the buy-in program and work incentives created
through Section 1619 of the federal Social Security Act (42 U. S.
C. §1382(h)) before and after employment;
(2) The number of supplemental security income and social
security disability insurance recipients in West Virginia who are
no longer dependent on, or who have reduced dependence on, public assistance or health care entitlement services, other then medicaid
or the children's health insurance program, due to participation in
the buy-in program or work incentives created through Section 1619
of the federal Social Security Act (42 U. S. C. §1382(h));
(3) The number of individuals with severe disabilities who are
no longer dependent on, or who have reduced dependence on, public
benefits or services, other than medicaid or the children's health
insurance program, due to income or support services received
through participation in the buy-in program or work incentives
created through Section 1619 of the federal Social Security Act (42
U. S. C. §1382(h)); and
(4) The change in the number of buy-in program participants or
participants in work incentives created through Section 1619 of the
federal Social Security Act (42 U. S. C. §1382(h)) who have health
care needs and related services covered through employer-based
benefit programs.
(c) In evaluating the effectiveness of the state's work
incentives initiatives for individuals with disabilities, the
secretary:
(1) Shall collaborate with other state agencies on data
collection; and
(2) May consult with an independent contractor to collect data
on the criteria required by this section.
(d) The department secretary shall provide an annual report of
its evaluation of the medicaid buy-in program performed pursuant to
the requirements of this section to the Legislature no later than the last day of December of each year, beginning in two thousand
four.
§9-4B-9. Advisory council; rules.
(a) The secretary of the department of health and human
resources shall establish a medicaid buy-in program advisory
council, consisting of representatives from the state medicaid
agency, the state rehabilitation agency, the state office of family
support, the West Virginia statewide independent living council,
the West Virginia state rehabilitation council, the West Virginia
developmental disabilities council, the West Virginia mental health
planning council and the center for excellence in disabilities at
West Virginia university.
(b) The secretary shall submit proposed rules for review and
input to the advisory council prior to release for public comment
and shall consider any recommendations of the advisory council
before adopting final rules.
(c) The secretary shall propose emergency rules in accordance
with the provisions of section fifteen, article three, chapter
twenty-nine-a of this code to implement the provisions of this
article. Thereafter, the secretary shall propose additional rules
for legislative approval in accordance with the provisions of said
article as may be needed to administer and maintain the medicaid
buy-in program.;
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 338--A Bill to amend
chapter nine of the code of West Virginia, one thousand nine
hundred thirty-one, by adding thereto a new article, designated
article four-b, related to the creation of a medicaid buy-in
program for working individuals with disabilities; establishing
legislative intent; defining terms; establishing criteria for
participation in the program; creating exceptions; establishing
fees and premiums; providing for periodic review; and requiring the
secretary of the department of health and human services to fulfill
certain reporting requirements, form an advisory counsel and
propose legislative and emergency rules.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 338, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 338) 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. 342, Limiting time driver's license may
be issued to certain noncitizens.
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. 354, Relating to operating
or attempting to operate clandestine drug laboratory; penalty.
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 two, section four hundred eleven, line four, by
striking out the words "one year nor more than five" and inserting
in lieu thereof the words "two years nor more than ten".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 354, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 354) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Bowman, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate again proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 375, Allowing transfer of contractor's
license to new business entity in certain cases.
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 one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That section seven, article eleven, chapter twenty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.
§21-11-7. Application for and issuance of license.
(a) A person desiring to be licensed as a contractor under
this article shall submit to the board a written application
requesting licensure, providing the applicant's social security
number and such other information as the board may require, on
forms supplied by the board. The applicant shall pay a license fee
not to exceed one hundred fifty dollars: Provided, That electrical
contractors already licensed under section four, article three-b,
chapter twenty-nine of this code shall pay no more than twenty
dollars.
(b) A person holding a business registration certificate to
conduct business in this state as a contractor on the thirtieth day
of September, one thousand nine hundred ninety-one, may register
with the board, certify by affidavit the requirements of subsection
(c), section fifteen of this article and pay such license fee not
to exceed one hundred fifty dollars and shall be issued a
contractor's license without further examination: Provided, That
no license may be issued without examination pursuant to this
subsection after the first day of April, two thousand two:
Provided, however, That any person issued a contractor's license by the board pursuant to this subsection may apply to the board for
transfer of the license to a new business entity in which the
license holder is the principal owner, partner, corporate officer
or a full-time employee, without requiring examination of the
license holder: Provided further, That a license holder may hold
a license on behalf of only one business entity during a given time
period.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 375--A Bill to amend and reenact section
seven, article eleven, chapter twenty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to contractor licensing generally; and allowing the
transfer of a license to a new business entity in which the license
holder is the principal owner, partner, officer or full-time
employee.
On motion of Senator Chafin, the following amendments to the
House of Delegates amendments to the bill, were reported by the
Clerk, considered simultaneously, and adopted:
On page one, by striking out everything after the article
heading and inserting in lieu thereof the following:
§21-11-7. Application for and issuance of license.
(a) A person desiring to be licensed as a contractor under
this article shall submit to the board a written application
requesting licensure, providing the applicant's social security number and such other information as the board may require, on
forms supplied by the board. The applicant shall pay a license fee
not to exceed one hundred fifty dollars: Provided, That electrical
contractors already licensed under section four, article three-b,
chapter twenty-nine of this code shall pay no more than twenty
dollars.
(b) A person holding a business registration certificate to
conduct business in this state as a contractor on the thirtieth day
of September, one thousand nine hundred ninety-one, may register
with the board, certify by affidavit the requirements of subsection
(c), section fifteen of this article and pay such license fee not
to exceed one hundred fifty dollars and shall be issued a
contractor's license without further examination: Provided, That
no license may be issued without examination pursuant to this
subsection after the first day of April, two thousand two:
Provided, however, That any person issued a contractor's license by
the board pursuant to this subsection may apply to the board for
transfer of the license to a new business entity in which the
license holder is the principal owner, partner or corporate
officer: Provided further, That a license holder may hold a
license on behalf of only one business entity during a given time
period. The board may transfer the license issued pursuant to this
subsection to the new business entity without requiring examination
of the license holder.
§21-11-9. Unlawful use, assignment, transfer of license;
revocation.
No license may be used for any purpose by any person other
than the person to whom the license is issued. No license may be
assigned, transferred or otherwise disposed of so as to permit the
unauthorized use thereof. No license issued pursuant to the
provisions of subsection (b), section seven of this article may be
assigned, transferred or otherwise disposed of except as provided
in said subsection. Any person who violates this section is
subject to the penalties imposed in section thirteen of this
article.;
On page one, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That sections seven and nine, article eleven, chapter
twenty-one of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 375--A Bill to amend and reenact sections
seven and nine, article eleven, chapter twenty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to contractor licensing generally; and allowing the
transfer of a license to a new business entity in which the license
holder is the principal owner, partner or officer.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments, as amended.
Engrossed Senate Bill No. 375, as amended, was then put upon
its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 375) passed with its Senate amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. S.
B. No. 375) takes effect from passage.
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 passage of
Eng. Senate Bill No. 381, Adding professional surveyors to
professional limited liability companies.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 383, Allowing alcohol
beverage control commissioner, with approval of governor and board
of public works, to sell warehouse and purchase replacement.
A message from The Clerk of the House of Delegates announced
the passage by that body, without amendment, to take effect from
passage, and requested the concurrence of the Senate in the changed
effective date, of
Eng. Com. Sub. for Senate Bill No. 387, Increasing time to
perfect liens for certain debts.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
On further motion of Senator Chafin, the Senate concurred in
the changed effective date of the bill, that being to take effect
from passage, instead of ninety days from passage.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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 S. B. No. 387) 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 amendment, as
to
Eng. Senate Bill No. 388, Modifying requirements for titling
and registration of imported vehicles.
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 one, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 3A. VEHICLE COMPLIANCE WITH FEDERAL CLEAN AIR STANDARDS
AND VEHICLE SAFETY.
§17A-3A-2. Consumer disclosure.
Before a motor vehicle not originally manufactured in
accordance with the laws and regulations of the United States Clean
Air Act and the United States Motor Vehicle Safety Act can be sold
to a consumer in this state, the seller must provide the purchaser
with full written disclosure of all modifications performed to the
vehicle. This disclosure consists of a description phrased in
terms reasonably understandable to a consumer with no specialized
technical training, accompanied by a copy the technical submissions
made to the environmental protection agency and department of
transportation in order to obtain certification of compliance.
Failure to make this disclosure renders the sale voidable.
§17A-3A-3. Certificate of title.
(a) Before any imported vehicle which has not previously been
titled or registered in the United States may be titled in this
state, the applicant must submit: (1) A manufacturer's certificate
of origin issued by the actual vehicle manufacturer together with
a notarized translation thereof; or (2) the documents constituting
valid proof of ownership in the country in which the vehicle was
originally purchased, by an individual owner or exporter and
evidencing a change of such ownership to the applicant, together
with a notarized translation of any document; or (3) with regard to
vehicles imported from countries which cancel the vehicle
registration and title for export, the documents assigned to such
vehicle after the registration and title have been cancelled,
together with a notarized translation thereof, and proof
satisfactory to the division that the motor vehicle complies with the United States Clean Air Act and the Motor Vehicle Safety Act.
(b) In the event that the documents submitted as required by
subsection (a) of this section do not name as owner the current
applicant for a certificate of title, the applicant must also
submit reliable proof of a chain of title. For those countries
which utilize documents of registration rather than a certificate
of title, proof of a chain of title for purposes of this subsection
shall be accomplished by presenting the change of ownership
certificate referred to in subsection (a) of this section.
_____The commissioner shall have the authority to issue a temporary
title for vehicles subject to the provisions of this section
Application for a temporary title shall include an affidavit from
a U. S. Department of Transportation approved modification
facility, stating that the standards required by the U. S.
Department of Transportation and the U. S. Environmental Protection
Agency have been met; and further an affidavit from the vehicle
owner stating that all necessary paperwork has been forwarded to
the applicable federal agencies for consideration of a bond release
letter. Temporary titles shall not be transferable and shall be
valid for a period of time not to exceed ten months.
The fee for the temporary title shall be twenty five dollars.
Applicable privilege taxes, as provided for in this or other
sections of the code, shall be collected from the owner upon
application for the temporary title, and additional privilege taxes
shall not be required upon application for permanent titles issues
following the issuance of said temporary titles. Receipt of a federal bond release letter shall be required to be filed with the
commissioner prior to issuance of a permanent title.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 388, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 388) 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, to take effect from
passage, of
Eng. Senate Bill No. 428, Directing auditor to issue warrants
for payment of certain claims against state.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 430, Providing additional restrictions on
outdoor advertising.
A message from The Clerk of the House of Delegates announced
the passage by that body, without amendment, to take effect from
passage, and requested the concurrence of the Senate in the changed
effective date, of
Eng. Com. Sub. for Senate Bill No. 455, Authorizing retirement
credit for public employment in another state.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
On further motion of Senator Chafin, the Senate concurred in
the changed effective date of the bill, that being to take effect
from passage, instead of ninety days from passage.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Plymale, Prezioso, Ross, Rowe, Snyder, Unger, White and Tomblin
(Mr. President)--27.
The nays were: Boley, Harrison, Oliverio, Sharpe, Smith,
Sprouse and Weeks--7.
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 S. B. No. 455) 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 Senate Bill No. 496, Creating Motor Fuels
Excise Tax 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 eleven, section fourteen, line thirty-two, after the
word "education" by inserting the words "made pursuant to
subdivisions (1), (2), (3), (4), (5) and (6), subsection c, section
nine, article fourteen-c of this chapter";
On page fifteen, section fourteen, line one hundred nine, by
striking out the word "are" and inserting in lieu thereof the word
"is";
On page thirty-six, section eleven, line one hundred seven, by
striking out the words "the time as";
On page forty-seven, section two, lines one hundred fifty-
seven and one hundred fifty-eight, by striking out the words "title
26 of the" and inserting in lieu thereof "Title 26,";
On page sixty-five, section five, line one hundred thirteen,
by striking out the word "deemed";
On page seventy-six, section nine, line one hundred eleven, after the word "by" by striking out the colon;
On pages seventy-six and seventy-seven, section nine, lines
one hundred twelve through one hundred twenty-seven, by striking
out all of paragraphs (A), (B), (C), (D) and (E);
On page seventy-seven, section nine, line one hundred twenty-
eight, by striking out "(F) Any" and inserting in lieu thereof the
word "any".
On page seventy-eight, section nine, lines one hundred forty-
seven through one hundred fifty-four, by striking out all of
subdivisions (7), (8), (9), (10), (11) and (12);
And renumbering the remaining subdivisions;
On page ninety-one, section thirteen, line one hundred twenty-
four, by striking out the word "may" and inserting in lieu thereof
the word "shall";
On page one hundred seven, section twenty-three, lines
fourteen and fifteen, by striking out the words "for two or more
consecutive months";
On page one hundred seven, section twenty-three, line fifteen,
after the word "to" by inserting the word "the";
On page one hundred seven, section twenty-three, lines
eighteen and nineteen, by striking out the words "not remitted by
the delinquent licensed distributor or licensed importer" and
inserting in lieu thereof the words "that accrue after the ten-
business-day period referenced above for delinquent distributors or
importers";
On page one hundred eleven, section twenty-five, line thirty, after the word "payable" by inserting the words "by the importer";
On page one hundred twenty-three, section thirty-four, line
sixty-five, by striking out the word "Give" and inserting in lieu
thereof the word "Gives";
On page one hundred twenty-seven, section thirty-six, line
twenty-eight, by striking out the word "fine" and inserting in lieu
thereof the word "penalty";
On page one hundred twenty-eight, section thirty-seven, line
two, after the word "or" by inserting the word "to";
On page one hundred thirty-four, section forty-one, line
seventy, after the word "Fails" by inserting the word "to";
On page one hundred forty-two, section forty-seven, after line
eleven, by inserting a new subsection, designated subsection (b),
to read as follows:
(b) Beginning the first day of July, two thousand four, the
commissioner shall deposit four tenths of one percent of the tax
collected pursuant to the provisions of this article into a special
revenue account in the state treasury to be known as the "Weights
and Measures Fund": Provided, That in no fiscal year may such
deposits exceed one million one hundred eighty-two thousand
dollars. Expenditures from the account shall be for the purposes
set forth in article one, chapter forty-seven of this code which
relate to ensuring the quality of motor fuels; the accuracy of
motor fuel meters; or the accuracy of scales used to weigh motor
vehicles in the enforcement of highway load limits, enabling
compliance with highway load limits or ensuring accurate delivery weights of commodities conveyed by motor vehicle. Expenditures are
not authorized from collections but are to be made only in
accordance with appropriation by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code
and upon the fulfillment of the provisions set forth in article
two, chapter five-a of this code. Amounts collected which are
found to be in excess of that needed for purposes stated herein
shall be transferred to the road fund.;
And by relettering the remaining subsection.
On motion of Senator Helmick, the following amendment to the
House of Delegates amendments to the bill (Eng. Com. Sub. for S. B.
No. 496) was reported by the Clerk and adopted:
On page one hundred forty-two, section forty-seven, by
striking out all of subsection (b);
And by relettering the remaining subsection.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Committee Substitute for Senate Bill No. 496, as
amended, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 496) passed with its title.
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 passage of
Eng. Com. Sub. for Senate Bill No. 510, Permitting holocaust
commission to accept gifts, donations and appropriations from
Legislature; reimbursement.
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. Com. Sub. for Senate Bill No. 529, Creating institute for
health care professionals and center for nursing.
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, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article seven-b, to read as follows:
ARTICLE 7B. CENTER FOR NURSING.
§30-7B-1. West Virginia center for nursing; purpose and function.
(a) Effective the first day of July, two thousand three, the
nursing shortage study commission, established pursuant to the
provisions of section eighteen, article seven of this chapter, is
terminated and the powers and duties of the commission are
transferred to the West Virginia center for nursing.
(b) Effective the first day of July, two thousand three, the
West Virginia center for nursing is established, the purpose of
which is to address the issues of recruitment and retention of
nurses in West Virginia.
(c) The West Virginia center for nursing shall:
(1) Establish a statewide strategic plan to address the
nursing shortage in West Virginia;
(2) Establish and maintain a database of statistical
information regarding nursing supply, demand and turnover rates in
West Virginia and future projections;
(3) Enhance and promote recruitment and retention of nurses by
creating reward, recognition and renewal programs;
(4) Promote media and positive image-building efforts for
nursing, including establishing a statewide media campaign to
recruit students of all ages and backgrounds to the various nursing
programs throughout West Virginia;
(5) Promote nursing careers through educational and
scholarship programs, programs directed at nontraditional students
and other workforce initiatives;
(6) Explore and establish loan repayment and scholarship
programs, with participation directed to nurses who remain in the
state after graduation and who work in hospitals and other health
care institutions with a critical shortage of nurses;
(7) Establish grants and other programs to provide tax
incentives and other financial incentives for employers to
encourage and assist with nursing education, internships and
residency programs;
(8) Develop incentive and training programs for long-term care
facilities and other health care institutions to use self-
assessment tools documented to correlate with nurse retention, such
as the magnet hospital program;
(9) Explore and evaluate the use of year-round and day and
evening nursing training and education programs;
(10) Establish a statewide hotline and website for information
about the center and its mission and nursing careers and
educational opportunities in West Virginia;
(11) Evaluate capacity for expansion of nursing programs,
including the availability of faculty, clinical laboratories,
computers and software, library holdings and supplies;
(12) Oversee development and implementation of education and
matriculation programs for health care providers covering certified
nursing assistants, licensed practical nurses, registered
professional nurses, advanced nurse practitioners and other
advanced degrees;
(13) Seek to improve the compensation of all nurses, including nursing educators; and
(14) Perform such other activities as needed to alleviate the
nursing shortage in West Virginia.
§30-7B-2. Board of directors.
(a) The West Virginia center for nursing shall be governed by
a board of directors consisting of the following sixteen members:
(1) One citizen member;
(2) One representative from the West Virginia board of
examiners for registered professional nurses;
(3) One representative from the West Virginia board of
examiners for licensed practical nurses;
(4) One representative from the West Virginia nurses
association;
(5) Three registered nurse educators as follows:
(A) One nurse educator from a school that educates licensed
practical nurses;
(B) One nurse educator representing associate degree programs;
and
(C) One nurse educator representing baccalaureate and higher
degree programs;
(6) Three representatives of employers of nurses as follows:
(A) One chief nurse executive;
(B) One director of nursing; and
(C) One health care administrator;
(7) Three registered professional staff nurses representing
different areas of nursing; and
(8) Three ex officio members as follows:
(A) The secretary for education and the arts or his or her
designee from within the agency;
(B) The secretary of the department of health and human
resources or his or her designee from within the agency; and
(C) A representative from the workforce development office.
(b) The members of the board shall be appointed by the
governor, with the advice and consent of the Senate, from names
submitted by the president of the West Virginia Senate, the speaker
of the West Virginia House of Delegates, the West Virginia nurses
association, the West Virginia hospital association and other
professional nursing associations.
(c) Before the first day of July, two thousand three, the
governor shall appoint the citizen member, the representatives of
the licensing boards and the nursing association and one
representative each from the nurse educators, nurse employers and
registered professional nurses for a term of two years and the
remainder of the board members for a term of four years.
(d) After the initial appointments expire, the terms of all
members shall be four years, with no member serving more than two
consecutive terms.
(e) The board shall designate a chairperson. Nine members
shall constitute a quorum.
§30-7B-3. Board's powers and duties.
(a) The board of directors shall:
(1) Employ an executive director;
(2) Determine operational policy;
(3) Seek and accept public and private funding;
(4) Expend money from the center for nursing fund to carry out
the purposes of this article;
(5) Propose rules for legislative approval in accordance with
the provisions of article three, chapter twenty-nine of this code
to implement the provisions of this article; and
(6) Do such other acts as necessary to alleviate the nursing
shortage in West Virginia.
(b) The board shall report to the joint committee on
government and finance on or before the first day of January, two
thousand four, as to its progress in developing a statewide
strategic plan to address the nursing shortage in West Virginia.
§30-7B-4. Reimbursement for expenses.
The board members shall serve without compensation, but may be
reimbursed for actual and necessary expenses incurred for each day
or portion thereof engaged in the discharge of official duties in
a manner consistent with guidelines of the travel management office
of the department of administration.
§30-7B-5. Special revenue account.
(a) A special revenue account known as the "center for nursing
fund" is hereby established to be administered by the board to
carry out the purposes of this article.
(b) The account shall be funded by assessing all nurses
licensed by the board of examiners for registered professional
nurses and the board of examiners for licensed practical nurses, a supplemental licensure and renewal fee, not to exceed ten dollars,
to be established by legislative rule, and by seeking other public
and private funds.
(c) After the center's first year and in subsequent years
thereafter, a minimum of an equivalent of one third of the funding
from the annual licensure fees shall be specifically used for loan
and scholarship programs.
§30-7B-6. Termination.
The West Virginia center for nursing shall terminate on the
first day of July, two thousand six.;
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 529--A Bill to amend
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article,
designated article seven-b, relating to the center for nursing;
terminating the nursing shortage study commission; establishing the
center for nursing; providing for the center to assume the duties
of the nursing shortage study commission; delineating the purpose
and functions of the center; establishing a board of directors for
the center; establishing terms, term limitations and reimbursement
for board members; providing for legislative rules; establishing a
special revenue account; assessing fees to fund the center; and
providing for termination of the center.
On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendments to the bill (Eng. Com. Sub. for S.
B. No. 529) and requested the House of Delegates to recede
therefrom.
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 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. 551, Increasing employee contribution to
deputy sheriff retirement fund.
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 one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That sections two, five, twelve, thirteen, twenty, twenty-one
and twenty-three, article fourteen-d, chapter seven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that said article be further amended by
adding thereto a new section, designated section twenty-four-a, all
to read as follows:
ARTICLE 14D. DEPUTY SHERIFF RETIREMENT SYSTEM ACT.
§7-14D-2. Definitions.
As used in this article, unless a federal law or regulation or
the context clearly requires a different meaning:
(a) "Accrued benefit" means on behalf of any member two and
one-quarter percent of the member's final average salary multiplied
by the member's years of credited service. A member's accrued
benefit may not exceed the limits of Section 415 of the Internal
Revenue Code and is subject to the provisions of section nine-a of
this article.
(b) "Accumulated contributions" means the sum of all amounts
deducted from the compensation of a member, or paid on his or her
behalf pursuant to article ten-c, chapter five of this code, either
pursuant to section seven of this article or section twenty-nine,
article ten, chapter five of this code as a result of covered
employment together with regular interest on the deducted amounts.
(c) "Active military duty" means full-time active duty with
any branch of the armed forces of the United States, including
service with the national guard or reserve military forces when the
member has been called to active full-time duty and has received no
compensation during the period of that duty from any board or
employer other than the armed forces.
(d) "Actuarial equivalent" means a benefit of equal value
computed upon the basis of the mortality table and interest rates
as set and adopted by the retirement board in accordance with the
provisions of this article.
(e) "Annual compensation" means the wages paid to the member
during covered employment within the meaning of Section 3401(a) of the Internal Revenue Code, but determined without regard to any
rules that limit the remuneration included in wages based upon the
nature or location of employment or services performed during the
plan year plus amounts excluded under Section 414(h)(2) of the
Internal Revenue Code and less reimbursements or other expense
allowances, cash or noncash fringe benefits or both, deferred
compensation and welfare benefits. Annual compensation for
determining benefits during any determination period may not exceed
one hundred fifty thousand dollars as adjusted for cost of living
in accordance with Section 401(a)(17)(B) of the Internal Revenue
Code.
(f) "Annual leave service" means accrued annual leave.
(g) "Annuity starting date" means the first day of the first
period for which an amount is received as an annuity by reason of
retirement. For purposes of this subsection, if retirement income
payments commence after the normal retirement age, "retirement"
means the later of the last day the member worked in covered
employment and the normal retirement age.
(h) "Base salary" means a member's cash compensation exclusive
of overtime from covered employment during the last twelve months
of employment. Until a member has worked twelve months, annualized
base salary is used as base salary.
(i) "Board" means the consolidated public retirement board
created pursuant to article ten-d, chapter five of this code.
(j) "County commission" has the meaning ascribed to it in
section one, article one, chapter seven of this code.
(k) "Covered employment" means either: (1) Employment as a
deputy sheriff and the active performance of the duties required of
a deputy sheriff; or (2) the period of time which active duties are
not performed but disability benefits are received under section
fourteen or fifteen of this article; or (3) concurrent employment
by a deputy sheriff in a job or jobs in addition to his or her
employment as a deputy sheriff where such secondary employment
requires the deputy sheriff to be a member of another retirement
system which is administered by the consolidated public retirement
board pursuant to article ten-d, chapter five of this code:
Provided, That the deputy sheriff contribute to the fund created in
section six of this article the amount specified as the deputy
sheriff's contribution in section seven of this article.
(l) "Credited service" means the sum of a member's years of
service, active military duty, disability service and annual leave
service.
(m) "Deputy sheriff" means an individual employed as a county
law-enforcement deputy sheriff in this state and as defined by
section two, article fourteen of this chapter.
(n) "Dependent child" means either:
(1) An unmarried person under age eighteen who is:
(A) A natural child of the member;
(B) A legally adopted child of the member;
(C) A child who at the time of the member's death was living
with the member while the member was an adopting parent during any
period of probation; or
(D) A stepchild of the member residing in the member's
household at the time of the member's death; or
(2) Any unmarried child under age twenty-three:
(A) Who is enrolled as a full-time student in an accredited
college or university;
(B) Who was claimed as a dependent by the member for federal
income tax purposes at the time of member's death; and
(C) Whose relationship with the member is described in
subparagraph (A), (B) or (C), paragraph (1) of this subdivision.
(o) "Dependent parent" means the father or mother of the
member who was claimed as a dependent by the member for federal
income tax purposes at the time of the member's death.
(p) "Disability service" means service received by a member,
expressed in whole years, fractions thereof or both, equal to one
half of the whole years, fractions thereof, or both, during which
time a member receives disability benefits under section fourteen
or fifteen of this article.
(q) "Early retirement age" means age forty or over and
completion of twenty years of service.
(r) "Effective date" means the first day of July, one thousand
nine hundred ninety-eight.
(s) "Final average salary" means the average of the highest
annual compensation received for covered employment by the member
during any five consecutive plan years within the member's last ten
years of service. If the member did not have annual compensation
for the five full plan years preceding the member's attainment of normal retirement age and during that period the member received
disability benefits under section fourteen or fifteen of this
article then "final average salary" means the average of the
monthly salary determined paid to the member during that period as
determined under section seventeen of this article multiplied by
twelve.
(t) "Fund" means the West Virginia deputy sheriff retirement
fund created pursuant to section six of this article.
(u) "Hour of service" means:
(1) Each hour for which a member is paid or entitled to
payment for covered employment during which time active duties are
performed. These hours shall be credited to the member for the
plan year in which the duties are performed; and
(2) Each hour for which a member is paid or entitled to
payment for covered employment during a plan year but where no
duties are performed due to vacation, holiday, illness, incapacity
including disability, layoff, jury duty, military duty, leave of
absence, or any combination thereof, and without regard to whether
the employment relationship has terminated. Hours under this
paragraph shall be calculated and credited pursuant to West
Virginia division of labor rules. A member will not be credited
with any hours of service for any period of time he or she is
receiving benefits under section fourteen or fifteen of this
article; and
(3) Each hour for which back pay is either awarded or agreed
to be paid by the employing county commission, irrespective of mitigation of damages. The same hours of service shall not be
credited both under paragraph (1) or (2) of this subdivision and
under this paragraph. Hours under this paragraph shall be credited
to the member for the plan year or years to which the award or
agreement pertains, rather than the plan year in which the award,
agreement or payment is made.
(v) "Member" means a person first hired as a deputy sheriff
after the effective date of this article, as defined in subsection
(r) of this section, or a deputy sheriff first hired prior to the
effective date and who elects to become a member pursuant to
section five or seventeen of this article. A member shall remain
a member until the benefits to which he or she is entitled under
this article are paid or forfeited.
(w) "Monthly salary" means the portion of a member's annual
compensation which is paid to him or her per month.
(x) "Normal form" means a monthly annuity which is one twelfth
of the amount of the member's accrued benefit which is payable for
the member's life. If the member dies before the sum of the
payments he or she receives equals his or her accumulated
contributions on the annuity starting date, the named beneficiary
shall receive in one lump sum the difference between the
accumulated contributions at the annuity starting date and the
total of the retirement income payments made to the member.
(y) "Normal retirement age" means the first to occur of the
following:
(1) Attainment of age fifty years and the completion of twenty or more years of service;
(2) While still in covered employment, attainment of at least
age fifty years and when the sum of current age plus years of
service equals or exceeds seventy years;
(3) While still in covered employment, attainment of at least
age sixty years and completion of five years of service; or
(4) Attainment of age sixty-two years and completion of five
or more years of service.
(z) "Partially disabled" means a member's inability to engage
in the duties of deputy sheriff by reason of any medically
determinable physical or mental impairment that can be expected to
result in death or that has lasted or can be expected to last for
a continuous period of not less than twelve months. A member may
be determined partially disabled for the purposes of this article
and maintain the ability to engage in other gainful employment
which exists within the state but which ability would not enable
him or her to earn an amount at least equal to two thirds of the
average annual compensation earned by all active members of this
plan during the plan year ending as of the most recent thirtieth
day of June, as of which plan data has been assembled and used for
the actuarial valuation of the plan.
(aa) "Public employees retirement system" means the West
Virginia public employee's retirement system created by article
ten, chapter five of this code.
(bb) "Plan" means the West Virginia deputy sheriff death,
disability and retirement plan established by this article.
(cc) "Plan year" means the twelve-month period commencing on
the first day of July of any designated year and ending the
following thirtieth day of June.
(dd) "Regular interest" means the rate or rates of interest
per annum, compounded annually, as the board adopts in accordance
with the provisions of this article.
(ee) "Retirement income payments" means the annual retirement
income payments payable under the plan.
(ff) "Spouse" means the person to whom the member is legally
married on the annuity starting date.
(gg) "Surviving spouse" means the person to whom the member
was legally married at the time of the member's death and who
survived the member.
(hh) "Totally disabled" means a member's inability to engage
in substantial gainful activity by reason of any medically
determined physical or mental impairment that can be expected to
result in death or that has lasted or can be expected to last for
a continuous period of not less than twelve months.
For purposes of this subdivision:
(1) A member is totally disabled only if his or her physical
or mental impairment or impairments is are so severe that he or she
is not only unable to perform his or her previous work as a deputy
sheriff but also cannot, considering his or her age, education and
work experience, engage in any other kind of substantial gainful
employment which exists in the state regardless of whether: (A)
The work exists in the immediate area in which the member lives; (B) a specific job vacancy exists; or (C) the member would be hired
if he or she applied for work.
(2) "Physical or mental impairment" is an impairment that
results from an anatomical, physiological or psychological
abnormality that is demonstrated by medically accepted clinical and
laboratory diagnostic techniques.
A member's receipt of social security disability benefits
creates a rebuttable presumption that the member is totally
disabled for purposes of this plan. Substantial gainful employment
rebuts the presumption of total disability.
(ii) "Year of service". -- A member shall, except in his or
her first and last years of covered employment, be credited with
year of service credit based upon the hours of service performed as
covered employment and credited to the member during the plan year
based upon the following schedule:
Hours of Service Year of Service Credited
Less than 500 0
500 to 999 1/3
1,000 to 1,499 2/3
1,500 or more 1
During a member's first and last years of covered employment,
the member shall be credited with one twelfth of a year of service
for each month during the plan year in which the member is credited
with an hour of service. A member is not entitled to credit for
years of service for any time period during which he or she
received disability payments under section fourteen or fifteen of this article. Except as specifically excluded, years of service
include covered employment prior to the effective date.
Years of service which are credited to a member prior to his
or her receipt of accumulated contributions upon termination of
employment, pursuant to section thirteen of this article or section
thirty, article ten, chapter five of this code, shall be
disregarded for all purposes under this plan unless the member
repays the accumulated contributions with interest pursuant to
section twelve of this article or had prior to the effective date
made the repayment pursuant to section eighteen, article ten,
chapter five of this code.
(jj) "Required beginning date" means the first day of April of
the calendar year following the later of: (i) The calendar year in
which the member attains age seventy and one-half; or (ii) the
calendar year in which he or she retires or otherwise separates
from covered employment.
§7-14D-5. Members.
(a) Any deputy sheriff first employed by a county in covered
employment after the effective date of this article shall be a
member of this retirement system and plan and does not qualify for
membership in any other retirement system administered by the
board, so long as he or she remains employed in covered employment.
(b) Any deputy sheriff employed in covered employment on the
effective date of this article shall within six months of that
effective date notify in writing both the county commission in the
county in which he or she is employed and the board of his or her desire to become a member of the plan: Provided, That this time
period is extended to the thirtieth day of January, one thousand
nine hundred ninety-nine, in accordance with the decision of the
supreme court of appeals in West Virginia Deputy Sheriffs'
Association, et al v. James L. Sims, et al, No. 25212: Provided,
however, That any deputy sheriff employed in covered employment on
the effective date of this article has an additional time period
consisting of the ten-day period following the day after which the
amended provisions of this section become law to notify in writing
both the county commission in the county in which he or she is
employed and the board of his or her desire to become a member of
the plan. Any deputy sheriff who elects to become a member of the
plan ceases to be a member or have any credit for covered
employment in any other retirement system administered by the board
and shall continue to be ineligible for membership in any other
retirement system administered by the board so long as the deputy
sheriff remains employed in covered employment in this plan:
Provided further, That any deputy sheriff who elects during the
time period from the first day of July, one thousand nine hundred
ninety-eight, to the thirtieth day of January, one thousand nine
hundred ninety-nine, or who so elects during the ten-day time
period occurring immediately following the day after the day the
amendments made during the one thousand nine hundred ninety-nine
legislative session become law, to transfer from the public
employees retirement system to the plan created in this article
shall contribute to the plan created in this article at the rate set forth in section seven of this article retroactive to the first
day of July, one thousand nine hundred ninety-eight. Any deputy
sheriff who does not affirmatively elect to become a member of the
plan continues to be eligible for any other retirement system as is
from time to time offered to other county employees but is
ineligible for this plan regardless of any subsequent termination
of employment and rehire.
(c) Any deputy sheriff who was employed as a deputy sheriff
prior to the effective date, but was not employed as a deputy
sheriff on the effective date of this article, shall become a
member upon rehire as a deputy sheriff. For purposes of this
section, the member's years of service and credited service prior
to the effective date shall not be counted for any purposes under
this plan unless: (1) The deputy sheriff has not received the
return of his or her accumulated contributions in the public
employees retirement fund system pursuant to section thirty,
article ten, chapter five of this code; or (2) the accumulated
contributions returned to the member from the public employees
retirement system have been repaid pursuant to section twelve
thirteen of this article. If the conditions of subdivision (1) or
(2) of this subsection are met, all years of the deputy sheriff's
covered employment shall be counted as years of service for the
purposes of this article. Each transferring deputy sheriff shall
be given credited service for the purposes of this article for all
covered employment transferred from the public employees retirement
system regardless of whether such credited service (as that term is defined in section two, article ten, chapter five of this code) was
earned as a deputy sheriff. All service in the public employees
retirement system accrued by a transferring deputy sheriff shall be
transferred into the plan created by this article and the
transferring deputy sheriff shall be given the same credit for the
purposes of this article for all such covered service which is
transferred from the public employees retirement system as that
transferring deputy sheriff would have received from the public
employees retirement system if such transfer had not occurred. In
connection with each deputy sheriff receiving credit for prior
employment provided in this subsection, a transfer from public
employees retirement system to this plan shall be made pursuant to
the procedures described in section eight of this article.
(d) Once made, the election made under this section is
irrevocable. All deputy sheriffs first employed after the
effective date and deputy sheriffs electing to become members as
described in this section shall be members as a condition of
employment and shall make the contributions required by section
seven of this article.
(e) Notwithstanding any other provisions of this article, any
individual who is a leased employee shall not be eligible to
participate in the plan. For purposes of this plan, a "leased
employee" means any individual who performs services as an
independent contractor or pursuant to an agreement with an employee
leasing organization or similar organization. If a question arises
regarding the status of an individual as a leased employee, the board has final power to decide the question.
§7-14D-12. Annuity options.
Prior to the effective date of retirement, but not thereafter,
a member may elect to receive retirement income payments in the
normal form, or the actuarial equivalent of the normal form from
the following options:
(a) Option A -- Joint and survivor annuity. -- A life annuity
payable during the joint lifetime of the member and his or her
beneficiary who is a natural person with an insurable interest in
the member's life. Upon the death of either the member of or his
or her beneficiary, the benefit shall continue as a life annuity to
the survivor in an amount equal to fifty percent, sixty-six and
two-thirds percent, seventy-five percent or one hundred percent of
the amount paid while both were living as selected by the member.
If the retiring member is married, the spouse shall sign a waiver
of benefit rights if the beneficiary is to be other than the
spouse.
(b) Option B -- Contingent joint and survivor annuity. -- A
life annuity payable during the joint lifetime of the member and
his or her beneficiary who must be a natural person with an
insurable interest in the member's life. Upon the death of the
member, the benefit shall continue as a life annuity to the
beneficiary in an amount equal to fifty percent, sixty-six and
two-thirds percent, seventy-five percent or one hundred percent of
the amount paid while both were living as selected by the member.
If the beneficiary dies first, the monthly amount of benefits may not be reduced, but shall be paid at the amount that was in effect
before the death of the beneficiary. If the retiring member is
married, the spouse shall sign a waiver of benefit rights if the
beneficiary is to be other than the spouse.
(c) Option C -- Ten years certain and life annuity. -- A life
annuity payable during the member's lifetime but in any event for
a minimum of ten years. If the member dies before the expiration
of ten years, the remaining payments shall be made to a designated
beneficiary, if any, or otherwise to the member's estate.
(d) Option D -- Level income annuity. -- A life annuity
payable monthly in an increased amount "A" from the time of
retirement until the member is social security retirement age, and
then a lesser amount "B" payable for the member's lifetime
thereafter, with these amounts computed actuarially to satisfy the
following two conditions:
(1) Actuarial equivalence. -- The actuarial present value at
the date of retirement of the member's annuity if taken in the
normal form must equal the actuarial present value of the term life
annuity in amount "A" plus the actual present value of the deferred
life annuity in amount "B"; and
(2) Level income. -- The amount "A" equals the amount "B" plus
the amount of the member's estimated monthly social security
primary insurance amount that would commence at the date amount "B"
becomes payable. For this calculation, the primary insurance
amount is estimated when the member applies for retirement, using
social security law then in effect, using assumptions established by the board.
In the case of a member who has elected the options set forth
in subdivisions (a) and (b) of this section, respectively, and
whose beneficiary dies prior to the member's death, the member may
name an alternative beneficiary. If an alternative beneficiary is
named within eighteen months following the death of the prior
beneficiary, the benefit shall be adjusted to be the actuarial
equivalent of the benefit the member is receiving just after the
death of the member's named beneficiary. If the election is not
made until eighteen months after the death of the prior
beneficiary, the amount shall be reduced so that it is only ninety
percent of the actuarial equivalent of the benefit the member is
receiving just after the death of the member's named beneficiary.
§7-14D-13. Refunds to certain members upon discharge or
resignation; deferred retirement; forfeitures.
(a) Any member who terminates covered employment and is not
eligible to receive disability benefits under this article is, by
written request filed with the board, entitled to receive from the
fund the member's accumulated contributions. Except as provided in
subsection (b) of this section, upon withdrawal the member shall
forfeit his or her accrued benefit and cease to be a member.
(b) Any member who withdraws accumulated contributions from
either this plan or the public employees retirement system and
thereafter becomes reemployed in covered employment shall not
receive any credited service for the prior employment unless
following his or her return to covered employment, the member redeposits in the fund the amount of the accumulated contributions
based upon salary earned as a deputy sheriff, together with
interest on the accumulate contributions at the rate determined by
the board from the date of withdrawal to the date of redeposit.
Upon repayment he or she shall receive the same credit on account
of his or her former service as if no refund had been made. The
repayment shall be made in a lump sum within sixty months of the
deputy sheriff's reemployment or if later, within sixty months of
the effective date of this article.
(c) Every member who completes sixty months of covered
employment is eligible, upon cessation of covered employment, to
either withdraw his or her accumulated contributions in accordance
with subsection (a) of this section, or to choose not to withdraw
his or her accumulated contribution and to receive retirement
income payments upon attaining early or normal retirement age.
(d) Notwithstanding any other provision of this article,
forfeitures under the plan shall not be applied to increase the
benefits any member would otherwise receive under the plan.
§7-14D-20. Additional death benefits and scholarships -- Dependent
children.
(a) In addition to the spouse death benefits in sections
eighteen and nineteen of this article, the surviving spouse is
entitled to receive, and there shall be paid to the spouse, one
hundred dollars monthly for each dependent child.
(b) If the surviving spouse dies or if there is no surviving
spouse, the fund shall pay monthly to each dependent child a sum equal to one fourth of the surviving spouse's entitlement under
either section nineteen or twenty of this article. If there is
neither a surviving spouse nor a dependent child, the fund shall
pay in equal monthly installments to the dependent parents of the
deceased member during their joint lifetimes a sum equal to the
amount which a surviving spouse, without children, would have
received: Provided, That when there is only one dependent parent
surviving, that parent is entitled to receive during his or her
lifetime one-half the amount which both parents, if living, would
have been entitled to receive: Provided, however, That if there is
no surviving spouse, dependent child or dependent parent of the
deceased member, the accumulated contributions shall be paid to a
named beneficiary or beneficiaries: Provided further, That if
there is no surviving spouse, dependent child or dependent parent
of the deceased member, or any named beneficiary or beneficiaries,
then the accumulated contributions shall be paid to the estate of
the deceased member.
(c) Any person qualifying as a dependent child under this, in
addition to any other benefits due under this or other sections of
this article, is entitled to receive a scholarship to be applied to
the career development education of that person. This sum, up to
but not exceeding six thousand dollars per year, shall be paid from
the fund to any university or college in this state or to any trade
or vocational school or other entity in this state approved by the
board to offset the expenses of tuition, room and board, books,
fees or other costs incurred in a course of study at any of these institutions so long as the recipient makes application to the
board on an approved form and under such rules as the board may
provide, and maintains scholastic eligibility as defined by the
institution or the board. The board may propose legislative rules
for promulgation in accordance with article three, chapter twenty-
nine-a of this code which define age requirements, physical and
mental requirements, scholastic eligibility, disbursement methods,
institutional qualifications and other requirements as necessary
and not inconsistent with this section.
§7-14D-21. Burial benefit.
Any member who dies as a result of any service related illness
or injury after the effective date is entitled to a lump sum burial
benefit of five thousand dollars. If the member is married, the
burial benefit shall be paid to the member's spouse. If the member
is not married, the burial benefit shall be paid to the member's
estate for the purposes of paying burial expenses, settling the
member's final affairs, or both. Any unspent balance shall be
distributed as a part of the member's estate. If the member is not
entitled to a death benefit under sections eighteen and nineteen of
this article, then if greater than five thousand dollars, the
amount payable to the member's estate shall be his or her
accumulated contributions.
§7-14D-23. Loans to members.
(a) A member who is not yet receiving disability or retirement
income benefits from the plan may borrow from the plan no more than
one time in any year an amount up to one half of his or her accumulated contributions, but not less than five hundred dollars
nor more than eight thousand dollars: Provided, That the maximum
amount of any loan when added to the outstanding balance of all
other loans shall may not exceed the lesser of the following: (1)
Fifty Eight thousand dollars reduced by the excess (if any) of the
highest outstanding balance of loans to the member during the
one-year period ending on the day before the date on which the loan
is made, over the outstanding balance of loans to the member on the
day on which the loan is made; or (2) fifty percent of his or her
accumulated contributions. No member is eligible to have more than
one outstanding loan at any time. No loan may be made from the
plan if the board determines that the loans constitute more than
fifteen percent of the amortized cost value of the assets of the
plan as of the last day of the preceding plan year. The board may
discontinue the loans any time it determines that cash flow
problems might develop as a result of the loans. Each loan shall
be repaid through monthly installments over periods of six through
sixty months and carry interest on the unpaid balance and an annual
effective interest rate that is two hundred basis points higher
than the most recent rate of interest used by the board for
determining actuarial contributions levels: Provided, however,
That interest charged shall be commercially reasonable in
accordance with the provisions of Section 72(p)(2) of the Internal
Revenue Code and federal regulations issued thereunder. Monthly
loan payments shall be calculated to be as nearly equal as possible
with all but the final payment being an equal amount. An eligible member may make additional loan payments or pay off the entire loan
balance at any time without incurring any interest penalty. At the
member's option, the monthly loan payment may include a level
premium sufficient to provide declining term insurance with the
plan as beneficiary to repay the loan in full upon the member's
death. If a member declines the insurance and dies before the loan
is repaid, the unpaid balance of the loan shall be deducted from
the lump sum insurance benefits payable under section twenty-one of
this article.
(b) A member with an unpaid loan balance who wishes to retire
may have the loan repaid in full by accepting retirement income
payments reduced by deducting from the actuarial reserve for the
accrued benefit the amount of the unpaid balance and then
converting the remaining of the reserve to a monthly pension
payable in the form of the annuity desired by the member.
(c) The entire unpaid balance of any loan, and interest due
thereon, shall at the option of the retirement board become due and
payable without further notice or demand upon the occurrence with
respect to the borrowing member of any of the following events of
default: (1) Any payment of principal and accrued interest on a
loan remains unpaid after the same become due and payable under the
terms of the loan or after such grace period as may be established
in the discretion of the retirement board; (2) the borrowing member
attempts to make an assignment for the benefit of creditors of his
or her benefit under the retirement system; or (3) any other event
of default set forth in rules promulgated by the board pursuant to the authority granted in section one, article ten-d, chapter five
of this code: Provided, That any offset of such unpaid loan
balance shall be made only at such time as the member is entitled
to receive a distribution under the plan.
(d) Loans shall be evidenced by such form of obligations and
shall be made upon such additional terms as to default, prepayment,
security, and otherwise as the retirement board may determine.
(e) Notwithstanding anything herein to the contrary, the loan
program authorized by this section shall comply with the provisions
of Sections 72(p)(2) and 401 of the Internal Revenue Code and the
federal regulations issued thereunder. The retirement board is
authorized to: (a) Apply and construe the provisions of this
section and administer the plan loan program in such a manner as to
comply with the provisions of Sections 72(p)(2) and 401 of the
Internal Revenue Code; (b) adopt plan loan policies or procedures
consistent with these federal law provisions; and (c) take such
actions as it deems considers necessary or appropriate to
administer the plan loan program created hereunder in accordance
with these federal law provisions. The retirement board is further
authorized in connection with the plan loan program to take any
actions that may at any time be required by the Internal Revenue
Service regarding compliance with the requirements of Section
72(p)(2) or 401 of the Internal Revenue Code, notwithstanding any
provision in this article to the contrary.
§7-14D-24a. Return to covered employment by retired member.
The annuity of any member who retires under the provisions of this article and who resumes service in covered employment shall be
suspended while such member continues in covered employment. The
monthly annuity payment for the month in which such service resumes
shall be prorated to the date of commencement of service, and such
member shall again become a contributing member during such
resumption of service. At the conclusion of such resumed service
in covered employment, the member shall have his or her annuity
recalculated to take into account the entirety of service in
covered employment.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 551--A Bill to amend and reenact sections
two, five, twelve, thirteen, twenty, twenty-one and twenty-three,
article fourteen-d, chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further amend
said article by adding thereto a new section, designated section
twenty-four-a, all relating to the deputy sheriff retirement system
generally; making technical and grammatical corrections; clarifying
that redeposits are submitted on salary earned as a deputy sheriff;
providing for payment of accumulated contributions in the event of
death of a member; clarifying burial benefit by removal of
conflicting language; setting forth limitations regarding return to
covered employment; conforming loan provisions with federal law;
and clarifying members' rights regarding additional beneficiary
nomination.
On motion of Senator Jenkins, the following amendments to the
House of Delegates amendments to the bill (S. B. No. 551) were
reported by the Clerk, considered simultaneously, and adopted:
On page fifteen, after section five, by inserting a new
section, designated section seven, to read as follows:
§7-14D-7. Members' contributions; employer contributions.
There shall be deducted from the monthly salary of each member
and paid into the fund an amount equal to eight and one-half
percent of his or her monthly salary. Any active member who has
concurrent employment in an additional job or jobs and such
additional employment requires the deputy sheriff to be a member of
another retirement system which is administered by the consolidated
public retirement board pursuant to article ten-d, chapter five of
this code shall contribute to the fund the sum of eight and
one-half percent of his or her monthly salary earned as a deputy
sheriff as well as the sum of eight and one-half percent of his or
her monthly salary earned from any additional employment which
additional employment requires the deputy sheriff to be a member of
another retirement which is administered by the consolidated public
retirement board pursuant to article ten-d, chapter five of this
code. An additional nine and one-half percent of the monthly
salary of each member shall be paid to the fund by the county
commission of the county in which the member is employed in covered
employment. An additional amount shall be paid to the fund by the
county commission of the county in which the member is employed in
covered employment in an amount determined by the board: Provided, That in no year may the total of the contributions provided for in
this section, to be paid by the county commission, exceed ten and
five-tenths percent of the total payroll for the members in the
employ of the county commission for the preceding fiscal year. If
the board finds that the benefits provided by this article can be
actually funded with a lesser contribution, then the board shall
reduce the required member and and/or employer contributions.
proportionally;
On page one, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That sections two, five, seven, twelve, thirteen, twenty,
twenty-one and twenty-three, article fourteen-d, chapter seven of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said article be further
amended by adding thereto a new section, designated section
twenty-four-a, all to read as follows:;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 551--A Bill to amend and reenact sections
two, five, seven, twelve, thirteen, twenty, twenty-one and twenty-
three, article fourteen-d, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
further amend said article by adding thereto a new section,
designated section twenty-four-a, all relating to the deputy sheriff retirement system generally; making technical and
grammatical corrections; clarifying that redeposits are submitted
on salary earned as a deputy sheriff; providing for payment of
accumulated contributions in the event of death of a member;
increasing employers' additional contributions to no more than ten
and five-tenths percent; clarifying burial benefit by removal of
conflicting language; setting forth limitations regarding return to
covered employment; conforming loan provisions with federal law;
and clarifying members' rights regarding additional beneficiary
nomination.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Senate Bill No. 551, as amended, was then put upon
its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 551) passed with its Senate amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. S.
B. No. 551) takes effect from passage.
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 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. Senate Bill No. 608, Allowing continuance of summary
certificate of need reviews for proposed behavioral health service.
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:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 608--A Bill to amend and reenact section nineteen, article five, chapter nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
removing sunset provisions to allow for the continuance of summary
certificate of need reviews for proposed behavioral health services
necessary to maintain federal approval of the medicaid mentally
retarded/developmentally disabled waiver program; removing outdated
reporting requirements; and making technical changes.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 608, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 608) 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 amendments, as
to
Eng. Senate Bill No. 626, Revising works 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 five, section two, line forty, after the word
"responsibility." by inserting the following: The success of the
program is to be evaluated on the following activities, including,
but not limited to, job entry, job retention, federal work
participation requirements and completion of educational
activities.;
On page seven, section three, after line forty-one, by
inserting a new subdivision, designated subdivision (h), to read as
follows:
"(h) "Family assessments" means evaluation of the following:
Work skills, prior work experience, employability, education and
challenges to becoming self-sufficient, such as mental health and
physical health issues along with lack of transportation and child
care;";
On page seven, section three, line forty-two, by striking out
"(h)" and inserting in lieu thereof "(i)";
On page eight, section three, line fifty-seven, by striking
out "(i)" and inserting in lieu thereof "(j)";
On page eight, section three, line sixty-two, by striking out "(j)" and inserting in lieu thereof "(k)";
On page eight, section three, line sixty-four, by striking out
"(k)" and inserting in lieu thereof "(l)";
On page eight, section three, line sixty-eight, by striking
out "(l)" and inserting in lieu thereof "(m)";
On page nine, section three, after line seventy-five, by
inserting a new subdivision, designated subdivision (n), to read as
follows:
"(n) "Transitional assistance" may include medical assistance,
food stamp assistance, child care and supportive services as
defined by the secretary and as funding permits;";
And relettering the remaining subdivisions;
On page seventeen, section eight, line twenty-six, by striking
out the word "three" and inserting in lieu thereof the word "six";
And,
On page seventeen, section eight, line twenty-seven, by
striking out the word "three" and inserting in lieu thereof the
word "six".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 626, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 626) 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, to take effect from
passage, of
Eng. Senate Bill No. 637, Supplementing, amending, reducing
and increasing items from state road fund to department of
transportation, division of motor vehicles.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 638, Making supplementary appropriation
to department of military affairs and public safety, division of
corrections, parolee supervision fees.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 639, Making supplementary appropriation
to department of transportation, division of motor vehicles, driver's license reinstatement fund.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 640, Making supplementary appropriation
of federal funds to department of military affairs and public
safety, division of veterans' affairs.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 641, Making supplementary appropriation
of federal funds to department of administration, children's health
insurance agency.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 642, Making supplementary appropriation
to department of health and human resources, division of human
services, child support enforcement.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 643, Making supplementary appropriation
to bureau of commerce, division of natural resources.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 644, Making supplementary appropriation
of federal funds to department of military affairs and public
safety, division of corrections.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 645, Making supplementary appropriation
of federal funds to public service commission, motor carrier
division.
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 Senate Bill No. 651, Creating academy of
science and technology.
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 eleven, section four, lines nine through twenty, by
striking out all of subsection (b) and inserting in lieu thereof a
new subsection (b), to read as follows:
(b) The council may, through the West Virginia development
office, receive and accept gifts or grants from private
foundations, corporations, individuals, devises and bequests or from other lawful sources. All moneys collected shall be deposited
in a special account in the state treasury to be known as the "West
Virginia academy of science and technology fund". Expenditures
from the fund shall be made by the West Virginia development office
on the request of the council for the purposes set forth in this
article and are not authorized from collections but are to be made
only in accordance with appropriation by the Legislature and in
accordance with the provisions of article three, chapter twelve of
this code and upon fulfillment of the provisions of article two,
chapter five-a of this code: Provided, That for the fiscal year
ending the thirtieth day of June, two thousand four, expenditures
are authorized from collections rather than pursuant to
appropriation by the Legislature.;
On page eleven, section four, line twenty-five, after the word
"Delegates" by inserting a comma and striking out the word "and";
On page eleven, section four, line twenty-six, after the word
"Senate" by inserting the words "and the joint commission on
economic development";
On page fourteen, section six, line three, after the word
"governor," by inserting the word "the";
On page fourteen, section six, line four, after the word
"Delegates" by inserting a comma and striking out the word "and";
And,
On page fourteen, section six, line four, after the word
"Senate" by inserting the words "and the joint commission on
economic development".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 651, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 651) 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 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. 652, Renaming Marion health care hospital
John Manchin, Sr., health care center.
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, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 8. EMERGENCY HOSPITALS.
§26-8-1. Continuation; management; superintendent; qualifications
of superintendent; division of fiscal, administrative and
clinical duties; certain persons exempted from qualification
requirements.
(a) The hospitals heretofore established and known,
respectively, as Welch emergency hospital and Fairmont emergency
hospital shall be continued and shall be managed, directed and
controlled as prescribed in article eleven of this chapter:
Provided, That the hospital heretofore known established as
Fairmont emergency hospital and later renamed the Marion health
care hospital shall henceforth be known as the Marion Health Care
Hospital John Manchin, Sr., health care center, and any reference
in this code to the Fairmont emergency hospital shall mean the
Marion Health Care Hospital or the Marion health care hospital
shall mean the John Manchin, Sr., health care center.
(b) The chief executive officer of each of said hospitals
shall be the superintendent, who shall be a college graduate and
have a minimum of two years' experience in either hospital
administration, health services administration or business
administration with broad knowledge of accounting, purchasing and
personnel practices as related to the rendition of health and
health related services.
(b) (c) A superintendent is For purposes of this section,
"superintendent" means the person having the fiscal responsibility
of the hospital and the authority to manage and administer the
financial, business and personnel affairs of the hospital. (c) A
clinical director is "Clinical director" means the person having
the responsibility for decisions involving clinical and medical
treatment of patients, and who shall be a duly qualified physician
licensed to practice medicine in the state of West Virginia.
(d) The provisions of this section relating to the
qualification of persons eligible to serve as superintendent shall
not apply to any person serving in the capacity of business manager
on the effective date hereof and who has served in such capacity
for at least six consecutive months next preceding such effective
date.
§26-11-1. Management by director of health.
The director of health or his or her successor shall manage,
direct, control and govern the Andrew S. Rowan memorial home,
Denmar hospital, heretofore established and known as Denmar state
hospital, Hopemont hospital, heretofore known as Hopemont state
hospital, Pinecrest hospital, John Manchin, Sr., health care
center, established as the Fairmont emergency hospital and formerly
known as the Marion health care hospital, heretofore known as
Fairmont Emergency Hospital and Welch emergency hospital and such
other state health care facilities as are or may hereafter be
created by law.
The director shall designate the functions of each facility and prescribe guidelines for the admission of persons thereto,
pursuant to rules and regulations promulgated by the board of
health, and shall supervise the business, personnel and clinical
responsibilities of each facility: Provided, That in prescribing
admission guidelines, precedence shall be given to persons unable
to pay therefor.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 652--A Bill to amend and reenact section
one, article eight, chapter twenty-six of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section one, article eleven of said chapter, all
relating to emergency hospitals; and renaming the Marion health
care hospital the John Manchin, Sr., health care center.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 652, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 652) 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2050--A Bill making
appropriations of public money out of the treasury in accordance
with section fifty-one, article VI of the constitution.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, 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: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (Eng. Com. Sub. for H. B. No. 2050) was then read a
second time.
On motion of Senator Helmick, the following amendment to the
bill was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the provisions of Engrossed
Committee Substitute for Senate Bill No. 75.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2050) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Harrison--1.
Absent: None.
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 H. B. No. 2050) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Harrison--1.
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. 2050) takes effect from passage.
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. 2083, Expanding personnel
covered by job sharing in the school system.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 2357, Authorizing the
aeronautics commissioner to expense funds.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, to take effect July 1, 2003, of
Eng. Com. Sub. for House Bill No. 2733, Increasing funds in
the special revenue accounts for the criminal investigation
division and the special audits division.
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. House Bill No. 2771, Repealing exemptions from gasoline
and special fuels excise tax for bulk sales to interstate motor
carriers.
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 Prezioso, Chafin and Facemyer.
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 amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 3046, Facilitating
compliance with and enforcement of provisions of the Tobacco Master
Settlement Agreement.
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. 3204--A Bill expiring funds to the
unappropriated balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand four, in
the amount of one million two hundred fifty thousand dollars from
the insurance commissioner - insurance commission fund, fund 7152,
fiscal year 2004, organization 0704.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, 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: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 3204) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3204) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 3204) 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3205--A Bill expiring funds to the
unappropriated balance in the state fund, general revenue, for the fiscal year ending the thirtieth day of June, two thousand four, in
the amount of one million two hundred fifty thousand dollars from
the public service commission, fund 8623, fiscal year 2004,
organization 0926.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, 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: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 3205) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3205) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 3205) 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3206--A Bill supplementing, amending,
reducing and increasing items of the existing appropriations from the state fund, general revenue, to the department of tax and
revenue - tax division, fund 0470, fiscal year 2003, organization
0702, and the department of transportation - aeronautics
commission, fund 0582, fiscal year 2003, organization 0807,
supplementing and amending the appropriation for the fiscal year
ending the thirtieth day of June, two thousand three.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, 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: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: Smith--1.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 3206) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Smith--1.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3206) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Smith--1.
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. 3206) 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3207--A Bill supplementing, amending,
reducing and increasing items of the existing appropriations from
the state fund, general revenue, to the department of military
affairs and public safety - division of juvenile services, fund
0570, fiscal year 2003, organization 0620, and the department of
military affairs and public safety - division of corrections -
correctional units, fund 0450, fiscal year 2003, organization 0688,
supplementing and amending the appropriation for the fiscal year
ending the thirtieth day of June, two thousand three.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, 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: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 3207) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3207) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 3207) 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3208--A Bill supplementing, amending,
reducing and increasing items of the existing appropriations from
the state fund, general revenue, to the department of military
affairs and public safety - division of corrections - correctional
units, fund 0450, fiscal year 2003, organization 0608,
supplementing and amending the appropriation for the fiscal year
ending the thirtieth day of June, two thousand three.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, 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: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 3208) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3208) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 3208) 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3209--A Bill supplementing, amending,
reducing and increasing items of the existing appropriations from
the state fund, general revenue, to the department of military
affairs and public safety - West Virginia parole board, fund 0440,
fiscal year 2003, organization 0605, supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June,
two thousand three.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, 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: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 3209) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3209) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 3209) 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3210--A Bill supplementing, amending,
reducing and increasing items of the existing appropriations from
the state fund, general revenue, to the department of military
affairs and public safety - division of protective services, fund
0585, fiscal year 2003, organization 0622, supplementing and
amending the appropriation for the fiscal year ending the thirtieth
day of June, two thousand three.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, 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: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 3210) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3210) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 3210) 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 adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 38--Requesting the Joint
Committee on Government and Finance to study the impact of the
state Medicaid agency furnishing all recipients of services or
assistance under the Medicaid program a detailed periodic statement
itemizing all billing for services or assistance claimed by any
provider of services or assistance approved by the Medicaid
program.
Whereas, The West Virginia Department of Health and Human
Resources is concerned with the appropriateness of Medicaid
billing; and
Whereas, The Office of Surveillance and Utilization Review
within the Bureau for Medical Services (BMS) audits providers to
ensure that payment policies are adhered to; and
Whereas, Several million dollars are returned to BMS each year
through these efforts; and
Whereas, By cutting fraud, waste and abuse, the state of West
Virginia could delay or eliminate the need for program cuts; and
Whereas, By cutting fraud, waste and abuse, the state of West
Virginia can assist in controlling the cost of Medicaid by reducing
inappropriate payments made to providers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the impact of the state Medicaid agency
furnishing all recipients of services or assistance under the
Medicaid program a detailed periodic statement itemizing all
billing for services or assistance claimed by any provider of
services or assistance approved by the Medicaid program; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
adoption as amended, of
House Concurrent Resolution No. 42, Requesting the United
States Congress to enact and fully fund navigation needs on our
Nation's rivers.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 76--Requesting the Joint
Committee on Government and Finance to conduct a study on Medicaid
Aged and Disabled Waivers, looking into circumstances in which they
are granted, potential savings that could occur from avoiding
nursing home stays and benefits to citizens from continuing to live as independently as possible as well as the efforts of other states
to allow the money to follow the person and the outcomes of such
programs.
Whereas, The number of aged and disabled persons continues to
increase. The Aged and Disabled Waiver slots are designed to offer
individuals an alternative to nursing home placement. The West
Virginia Department of Health and Human Resources announced a
freeze on Aged and Disabled Waiver slots beginning on January 1,
2003, and the freeze on the Aged and Disabled Waiver slots may
jeopardize the receipt of benefits in a manner in which a citizen
wishes; and
Whereas, According to a report to the Senate Appropriations
Committee on Health and Human Services, the House Appropriations
Subcommittee on Health and Human Services and the Fiscal Research
Division on Medicaid Cost Containment and Growth Reduction by the
Division of Medical Assistance of the Department of Health and
Human Resources, the Division of Medical Assistance (DMA) does not
want to force people to enter nursing facilities when they do not
prefer nursing facilities; and the report also stated that if every
person who applied for but was denied Community Alternative Program
(CAP) services, which allow aged and disabled Medicaid recipients
to stay at home when eligible, entered a nursing facility, it would
be more costly than the CAP option; and
Whereas, Other states have adopted legislation requiring that
federal money slotted for individuals to reside in nursing homes to
follow the person after leaving a nursing home to utilize the CAP services so that they might live independently as long as possible;
and
Whereas, The Legislature should explore the possibilities of
increasing the number of Aged and Disabled Waiver slots when
individuals meet the criteria for the waiver and of allowing the
money to follow the person for citizens of the State of West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the circumstances in which Medicaid waivers are
granted, potential savings to the State and the individual by
avoiding nursing home stays and the benefits of allowing the money
to follow the person; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is requested to study the efforts that other states have
made to enable citizens to live as independently as possible,
including legislation allowing the money to follow the person; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, 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.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 78--Renaming the street, now
named "Howard Street", located on Route 52 in Stafford District in
Mingo County "Raymond John Toler Drive".
Whereas, Raymond John Toler was born May 19, 1923, in Iaeger,
West Virginia, to Amos and Laura Toler; and
Whereas, Raymond John Toler served his country during World
War II in the United States Navy aboard the U. S. S. Zellars; and
Whereas, Raymond John Toler was a hard-working and productive
citizen who at various times was a mine foreman for Island Creek
Coal Company as well as a self-employed contractor and owner of a
carpet store; and
Whereas, Raymond John Toler was a devoted and devout religious
man who served as a deacon of the church and who assisted in the
first building of the Tabernacle building for the Justice
Tabernacle, including the fashioning of the pews and pulpit that
were in the church; and
Whereas, Raymond John Toler was a family man who fathered nine
children and who was a member of the "Toler Trio" wherein he was
accompanied by his wife, and son Benjamin; and
Whereas, Raymond John Toler was instrumental in the creation
of the road which is now named "Howard Street"; therefore, be it
Resolved by the Legislature of West Virginia:
That the street, now named "Howard Street," located on Route
52 in Stafford district in Mingo County, be renamed the "Raymond
John Toler Drive"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to erect an appropriate sign at the entryway of each end
of said street designating it as "Raymond John Toler Drive";
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the surviving
family members of Raymond John Toler in care of Dallas Toler, Post
Office Box 27, Ragland, West Virginia 25670 and to the Mingo County
Commission.
Referred to the Committee on Transportation.
The Senate proceeded to the fourth order of business.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 8th day of March, 2003, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2094), Regulating the release of
fish, water animals and other aquatic organisms into the waters of
this state.
(Com. Sub. for H. B. No. 2122), Relating to medical
professional liability generally.
(Com. Sub. for H. B. No. 2301), Providing funding for
necessary care of animals seized pursuant to allegations of
neglect.
(H. B. No. 2696), Removing certain limitations on the
commissioner of agriculture to increase fees of certain services.
(H. B. No. 2891), Repealing the requirement that the tax
commissioner annually report the amount of gasoline and special
fuel tax collected in each county.
And,
(Com. Sub. for H. B. No. 3014), Relating generally to "Main
Street Fairness Act of 2003".
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 3 p.m.
today.
Upon expiration of the recess, the Senate reconvened and
resumed business under the third order.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 356, Relating to insurance company
holding systems and federal Gramm-Leach-Bliley Act.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 358, Relating to redomestication of
domestic insurance companies.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 364, Strengthening
multidisciplinary treatment team process for children involved in
court system.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 412, Eliminating certain
landlord liability for tenant's delinquent utility accounts; other
provisions.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 424, Authorizing
commissioner of corrections to consent to transfer of convicted
offenders under federal treaty; informed consent.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 432, Deleting provision
requiring magistrates to set payment plans in certain cases.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 436, Directing public service commission
implement 211 information and referral system.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 453, Establishing domestic
violence fatality review team.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 486, Requiring certified public
accountant to notify insurer's board or audit committee of adverse
financial condition.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 488, Relating to contingent liability of
members of farmers' mutual fire insurance companies; risk limit.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 493, Eliminating certain administrative
duties of commissioner of agriculture.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 589, Relating to common interest
communities and condominiums; restrictive covenants.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 627, Renaming Guthrie Center Gus R.
Douglass Agricultural Center at Guthrie.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 634, Defining crow as gamebird; hunting
season.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 635, Clarifying foster care services in
relation to behavioral health.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 649, Relating to use of waste tire
remediation funds.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 34, Requesting Joint
Committee on Government and Finance study administration of
estates.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 42, Requesting Joint
Committee on Government and Finance study retirement programs for
certain employees.
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. 2003, Allowing
municipalities to self-insure together and promulgation of rules by
the Commissioner of Insurance.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect July 1, 2003, of
Eng. House Bill No. 2118, Adjusting the retirement benefits
for all members of the West Virginia state police retirement
system.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 2239, Requiring foreign
collection agencies to obtain a certificate of authority from the
secretary of state.
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. 2240, Allowing persons
purchasing or renewing hunting or fishing licenses to donate to the
"hunters helping the hungry program".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the passage as amended, of
Eng. House Bill No. 2670, Continuing the office of judges
until July 1, 2009.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. House Bill No. 2797, Authorizing the DMV to reimburse
members of the motor vehicle dealer advisory board and the
motorcycle safety awareness board for necessary expenses.
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. House Bill No. 2847, Making the law-enforcement agency
that places a person under arrest responsible for that person's
initial transportation to a regional or county jail.
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, of
Eng. House Bill No. 2878, Allowing certain municipalities
providing advanced life support ambulance services to examine,
train and employ fire medics.
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. House Bill No. 2915, Authorizing continued payment of
Class VI rate of compensation to the prosecuting attorney of Wetzel County.
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. House Bill No. 2961, Limiting idling of school bus
engines for more than five minutes except for certain reasons.
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, to take effect
from passage, of
Eng. House Bill No. 3009, Excluding certain records from the
freedom of information act that are collected in the interest of
homeland security by governmental bodies.
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. House Bill No. 3050, Authorizing the county commission of
Jefferson County to convey parcel of county-owned land to the
Jefferson County fairgrounds.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. House Bill No. 3084, Restructuring the support
enforcement commission in the areas of membership, duties and
powers.
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. House Bill No. 3089, Modifying various requirements of
financial institutions notifying the real estate commission in
certain circumstances.
Senator Chafin announced that in a meeting of the Committee on
Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had placed
consideration of Engrossed House Bill No. 2486, Engrossed House
Bill No. 2554, Engrossed House Bill No. 2555, Engrossed House Bill
No. 2750, Engrossed House Bill No. 2751, Engrossed House Bill No.
2752, Engrossed House Bill No. 2779, Engrossed House Bill No. 2829,
Engrossed House Bill No. 2830, Engrossed House Bill No. 2831,
Engrossed House Bill No. 2864, Engrossed House Bill No. 2879,
Engrossed House Bill No. 2888, Engrossed House Bill No. 2889 and
Engrossed House Bill No. 2916
preceding consideration of all other
bills on today's third reading calendar.
At the request of Senator Chafin, and by unanimous consent,
the Senate proceeded to the eighth order of business.
Eng. House Bill No. 2486, Continuing the public employees
insurance agency.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2486) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2554, Continuing the marketing and
development division of the department of agriculture.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2554) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2555, Continuing West Virginia's
membership in the southern regional education compact.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2555) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2750, Continuing the office of health
facility licensure and certification.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2750) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2751, Continuing the department of health
and human resources.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2751) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2752, Continuing the bureau for senior
services.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2752) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2779, Continuing the personal assistance
services program.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2779) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2829, Continuing the division of culture
and history.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2829) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2830, Continuing the division of natural resources.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2830) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2831, Continuing the records management
and preservation board.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2831) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2864, Continuing the office of explosives
and blasting.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2864) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2879, Continuing the West Virginia
commission on holocaust education.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2879) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2888, Continuing the board of osteopathy.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2888) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2889, Continuing the board of examiners of
psychologists.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2889) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2916, Continuing the state geological and
economic survey.
On third reading, coming up out of regular order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2916) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for Senate Bill No. 75, Budget bill.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Helmick, the bill was recommitted to the
Committee on Finance.
At the request of Senator Minard, and by unanimous consent,
the Senate returned to the sixth order of business, which agenda
includes the making of main motions.
On motion of Senator Minard, the Senate requested the return
from the House of Delegates of
Eng. House Bill No. 2486, Continuing the public employees
insurance agency.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Minard, the Senate reconsidered the vote
as to the passage of the bill.
The vote thereon having been reconsidered.
Senator Minard requested unanimous consent to offer an
amendment to the bill on third reading.
Which consent was not granted, Senator Hunter objecting.
Senator Minard then moved to amend the bill on third reading.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse,
Unger, White and Tomblin (Mr. President)--30.
The nays were: Harrison, Hunter, Rowe and Weeks--4.
Absent: None.
So, two thirds of all the members present and voting having
voted in the affirmative, the President declared Senator Minard's
aforestated motion had prevailed.
Thereupon, on motions of Senators Love and Minard, the
following amendment to the bill was reported by the Clerk:
On page one, after the article heading, by inserting the
following:
§5-16-23. Members of Legislature may be covered.
Notwithstanding the definition of the term "employee"
contained in section two of this article and notwithstanding any
other provision of this article to the contrary, members of the Legislature may participate in and shall be treated as full-time
employees eligible to be covered by any insurance plan or plans
authorized hereunder for state officers and employees.
Senator Rowe arose to a point of order that the amendment
offered by Senators Love and Minard was not germane to the bill.
Which point of order, the President ruled well taken.
The question again being "Shall Engrossed House Bill No. 2486
pass?"
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2486) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate again proceeded to the eighth order of business.
Eng. House Bill No. 2285, Requiring hunting and fishing
licensees to carry proof of identity and other applicable
documents.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2285) 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. 2480, Increasing the amount
of penalties the commissioner of banking may obtain and allowing
the commissioner to expend funds to promote consumer awareness of
issues related to residential mortgage lending.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2480) 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. 2705, Relating to the
supervision of adult offenders and authorizing a compact for the
supervision of adult offenders.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2705) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2705) 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. 2760, Authorizing motor
carrier inspectors designated by the PSC to enforce all traffic
laws and rules of the road with respect to commercial motor
vehicles.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Kessler, the bill was recommitted to the
Committee on the Judiciary.
Eng. House Bill No. 2802, Providing for a legal description in
deeds creating an easement right-of-way.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--33.
The nays were: Weeks--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. 2802) 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. 2814, Increasing the
misdemeanor penalties for failure to yield the right-of-way.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2814) 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. 2818, Authorizing the county
commissions of growth counties to include the transfer of
development rights as part of a zoning ordinance.
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: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Unger, Weeks
and Tomblin (Mr. President)--28.
The nays were: Boley, Fanning, Guills, Harrison, Sprouse and
White--6.
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. 2818) passed with its title.
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. 2828, Increasing certain
county clerk, circuit clerk, assessor, sheriff, prosecuting
attorney and magistrate court fees.
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: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder,
White and Tomblin (Mr. President)--28.
The nays were: Boley, Harrison, Rowe, Sprouse, Unger and
Weeks--6.
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. 2828) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 2828--A Bill to amend and
reenact section seven, article one-c, chapter eleven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact section twenty-six, article three, chapter
eleven-a of said code; to amend and reenact sections one and two,
article three, chapter fifty of said code; to amend and reenact
sections ten, eleven and twenty-eight-a, article one, chapter
fifty-nine of said code; to amend and reenact section seventeen,
article two of said chapter; and to amend and reenact section four,
article seven, chapter sixty-one of said code, all relating to
increasing certain county clerk, circuit clerk, assessor, sheriff,
prosecuting attorney and magistrate court fees by resolution of
county commission; and dedicating those fee increases to the courthouse facilities improvement fund.
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. 2835, Creating a special
revenue fund for receipt of gifts, donations, etc., to support the
operation of veterans facilities created by statute.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2835) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2840, Increasing the number of members on
the Greater Huntington Park and making other changes in the act.
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: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2840) 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. 2881, Striking the provision
requiring that post mining water discharges have to be better to or
equal to pre-mining water discharge.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2881) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2882, Limiting requirements for stays for
appeals under the surface coal mining and reclamation act for
unjust hardship.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 2882) 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. 3056, Providing for the
regulation of intrastate driving hours of for-hire carriers.
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: Bailey, Bowman,
Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger,
Weeks, White and Tomblin (Mr. President)--28.
The nays were: Boley, Deem, Guills, Harrison, McKenzie and
Smith--6.
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. 3056) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 3062, Authorizing stockholders of closely
held corporations to file suit for partition of real estate owned
by the corporation when the real estate is the only substantial
asset of the corporation.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 3062) 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. 3070, Providing that a mass
convention of a political party, to elect delegates to the state
convention, be held in the county instead of the various
magisterial districts.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Bailey, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bailey, the following
amendment to the bill was reported by the Clerk:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That section twenty-one, article five, chapter three of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section one, article
four, chapter seven of said code be amended and reenacted, all to
read as follows:
CHAPTER 3. ELECTIONS.
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-21. Party conventions to nominate presidential electors; candidates; organization; duties.
Candidates for presidential electors shall be nominated by the
delegated representatives of the political party assembled in a
state convention to be held during the months of June, July or
August next preceding any general election at which presidential
electors are to be elected. The state executive committee of the
political party, by resolution, shall designate the place and fix
the date of such the convention, shall prescribe the number of
delegates thereto, and shall apportion the delegates among the
several counties of the state in proportion to the vote cast in the
state for the party's candidate for governor at the last preceding
general election at which a governor was elected. The state
executive committee shall also ascertain and designate all offices
for which candidates are to be nominated at such the convention.
At least sixty days prior to the date fixed for holding any
state convention, the chairman of the party's state executive
committee shall cause to be delivered to the party's county
executive committee in each county of the state a copy of the
resolutions fixing the time and place for holding the state
convention and prescribing the number of delegates from each county
to the convention. Within ten days after receipt of the copy of
such the resolutions, the party executive committee of each county
shall meet and, by resolution, shall apportion the delegates to the
state convention among the several magisterial districts of the
county, on a basis of the vote received in the county by the
candidate of the party for governor at the last preceding general election at which a governor was elected, but in such apportionment
of county delegates each magisterial district shall be entitled to
at least one delegate to such the state convention. The party's
county executive committee shall call a meeting of the members of
the political party in mass convention in the several magisterial
districts of the county, which district meeting shall be held at
least thirty days prior to the date fixed for the state convention
and at which meeting the members of the political party in each
magisterial district shall elect the number of delegates to which
such the district is entitled in the state convention.
The meeting place in the magisterial district county shall be
as central and convenient as can reasonably be selected, and all
recognized members of the political party shall be entitled to
participate in any such mass convention and in the selection of
delegates. Notice of the time and place of holding the several
magisterial district county mass conventions convention and of the
person who shall act as temporary chairman thereof shall be given
by publication as a Class II-0 legal advertisement in compliance
with the provisions of article three, chapter fifty-nine of this
code, and the publication area for such the publication shall be
the county. The first publication shall be made not more than
fifteen days and the second publication shall be made not less than
five days prior to the date fixed for holding the convention. The
notice published shall specify the number of delegates which each
magisterial district in the county is entitled to elect to the
state convention.
Upon assembling, the mass convention of each magisterial
district the county, shall choose a chairman and a secretary, who,
within five days after the holding of such the convention, shall
certify to the chairman of the state executive committee of the
political party and the chairman of the county committee of the
political party, the names and addresses of the parties selected as
delegates to the state convention.
If, after the election, a vacancy exists for a delegate from
any magisterial district, the party's county executive committee,
within ten days after the mass convention, shall appoint a member
of the political party in the magisterial district to fill the
vacancy, and shall certify the appointment to the chairman of the
state executive committee of the political party.
All contests over the selection of delegates to conventions
shall be heard and determined by the party executive committee of
the county from which the delegates are chosen, and such the county
executive committee shall, upon written petition of any contest,
meet for such hearings and determinations a hearing and make a
determination within ten days after the holding of such magisterial
district a county mass convention. The circuit court of the county
and the supreme court of appeals of the state shall have concurrent
original jurisdiction to review, by mandamus or other proper
proceeding, the decision of a county executive committee in any
contest.
The delegates chosen and certified by and from the several
magisterial districts in the state and, in the event of any contest, those prevailing in the contest, shall make up the state
convention. The number present of those entitled to participate in
any convention shall cast the entire vote to which the county is
entitled in such the convention, and it shall require a majority
vote to nominate any candidate for office.
All nominations made at state conventions shall be certified
within fifteen days thereafter, by the chairman and the secretary
of the convention, to the secretary of state, who shall certify
them to the clerk of the circuit court of each county concerned,
and the names of the persons so nominated shall be printed upon the
regular ballot to be voted at the ensuing general election, except
that the names of the presidential elector candidates shall not be
printed thereon.
The delegates to any state convention may formulate and
promulgate such the party platform or declaration of party
principles as to them shall seem advisable.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
§7-4-1. Duties of prosecuting attorney; further duties upon
request of attorney general.
No person may file for election or be appointed as prosecuting
attorney in any county of this state unless the person is a duly
licensed attorney under the provisions of article two, chapter
thirty of this code and has been engaged in the active practice of
law including trial experience before the courts of this state for
not less than two years. The requirement of two years' experience in the practice of law is not applicable to any prosecuting
attorney who was elected in the general election of two thousand
two. It shall be the duty of the prosecuting attorney to attend to
the criminal business of the state in the county in which he or she
is elected and qualified, and when he or she has information of the
violation of any penal law committed within such county, he or she
shall institute and prosecute all necessary and proper proceedings
against the offender, and may in such case issue or cause to be
issued a summons for any witness he or she may deem consider
material. Every public officer shall give him or her information
of the violation of any penal law committed within his or her
county. It shall also be the duty of the prosecuting attorney to
attend to civil suits in such county in which the state, or any
department, commission or board thereof, is interested, and to
advise, attend to, bring, prosecute or defend, as the case may be,
all matters, actions, suits and proceedings in which such the
county or any county board of education is interested.
It shall be the duty of the prosecuting attorney to keep his
or her office open in the charge of a responsible person during the
hours polls are open on general, primary and special countywide
election days, and the prosecuting attorney, or his or her
assistant, if any, shall be available for the purpose of advising
election officials. It shall be the further duty of the
prosecuting attorney, when requested by the attorney general, to
perform or to assist the attorney general in performing, in the
county in which he or she is elected, any legal duties required to be performed by the attorney general, and which are not
inconsistent with the duties of the prosecuting attorney as the
legal representative of such the county. It shall also be the duty
of the prosecuting attorney, when requested by the attorney
general, to perform or to assist the attorney general in
performing, any legal duties required to be performed by the
attorney general, in any county other than that in which such the
prosecuting attorney is elected, and for the performance of any
such duties in any county other than that in which such the
prosecuting attorney is elected he or she shall be paid his or her
actual expenses.
Upon the request of the attorney general the prosecuting
attorney shall make a written report of the state and condition of
the several causes in which the state is a party, pending in his or
her county, and upon any matters referred to him or her by the
attorney general as provided by law.
Senator Kessler arose to a point of order that Senator
Bailey's amendment was not germane to the bill.
Which point of order, the President ruled well taken.
Engrossed Committee Substitute for House Bill No. 3070 was
then read a third time.
The question now being "Shall Engrossed Committee Substitute
for House Bill No. 3070 pass?"
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 3070) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 3093, Requiring county commissions to
follow geographic physical features recognized by the United States
Census Bureau when determining precinct boundaries.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Sprouse--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. 3093) 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. 3155, Maintaining the
security and confidentiality of business processes.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 3155) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Love, and by unanimous consent, the
Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Boley presented a petition from Raymond L. Lusk and
numerous Wood County residents, requesting the Legislature to pass meaningful property tax reform legislation.
Referred to the Committee on Finance.
Senator Oliverio presented a petition from Catherine L.
Schultz and numerous West Virginia residents, requesting the
Legislature to restore public transit funds and determine a
dedicated funding source to support public transit.
Referred to the Committee on Finance.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for House Bill No. 2818, Authorizing the county
commissions of growth counties to include the transfer of
development rights as part of a zoning ordinance.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate.
On motion of Senator Snyder, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting thereof a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 2818--A Bill
to amend
article one, chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto two
new sections, designated sections three-nn and three-oo, all
relating to authorizing the county commissions of growth counties,
by adoption of an ordinance, to establish programs for the transfer
of property rights upon approval by a majority of the legal votes
cast at a countywide election; providing for a countywide election on an ordinance for a program for transfer of development rights;
form of ballots or ballot labels; and election procedure.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Following a point of inquiry to the President, with resultant
response thereto,
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.