WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
FIFTY-SIXTH DAY
____________
Charleston, W. Va., Tuesday, March 9, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Timothy Dillon, Greenbrier
Regular Baptist Church, Ronceverte, West Virginia.
Emily Cecil of Buffalo, West Virginia, then proceeded in the
playing of "Ave Maria" on the violin.
Pending the reading of the Journal of Monday, March 8, 2004,
On motion of Senator Minard, 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.
At the request of Senator Smith, and by unanimous consent,
Senator Smith addressed the Senate regarding the accomplishments of
Emily Cecil.
The Senate proceeded to the third order of business.
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 Governor
proclaim fourth Friday of April, 2004, "Children's Memorial Flag Day".
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. 4107, Allowing licensees of charitable
bingo and raffle games to transfer game proceeds between their
bingo and raffle operations.
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 Fanning, Minard and McKenzie.
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
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 4377, Assessing a penalty on
those physicians who fail to pay the special assessment.
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 Kessler, Jenkins and Harrison.
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 adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 6--Requesting the Division of
Highways name the bridge located at Howell's Mill near Ona, West
Virginia, the "Rimmer-White Bridge".
Whereas, In 1850, Peter and "Lou" White settled along the
right descending bank of the Mud River at the site of the new
bridge. In 1911, Fielding and "Callie" Rimmer moved into a house
on the other side of the River at the bridge site. Today, many
Rimmer and White descendants live on both sides of the River near
the new bridge; and
Whereas, The families and residents of this area desire that
this bridge be officially recognized as the Rimmer-White Bridge in
honor of their contributions to this community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby names the bridge at Howell's Mill
near Ona, West Virginia, in Cabell County, 2 miles North from Route
60 on Howell's Mill Road Country Route 1 and crosses Mud River in
West Virginia, the "Rimmer-White Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this concurrent resolution to the Secretary of Transportation, the Commissioner of the Division of
Highways and the West Virginia State Historic Preservation Office
and to the families of Ruth Rimmer Markin and "Buddy" White.
Referred to the Committee on Transportation.
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. 52--Requesting the Joint
Committee on Government and Finance study the State's water quality
standards.
Whereas, Water is a vital economic resource of equal or
greater importance than any other mineral or natural resource; and
Whereas, The State has a compelling interest in assuring that
the quality of its water resources are maintained in a manner that
both protects the State's natural resources and assures an adequate
supply of safe usable water for domestic, agricultural, commercial
and industrial purposes; and
Whereas, Water resources must be protected to meet the water
needs of people while maintaining and improving the State's natural
systems; and
Whereas, The policy of the State is to maintain reasonable
standards of purity and quality of water in this State consistent
with" (1) Public health and public enjoyment of the water resource;
(2) the propagation and protection of animal, bird, fish, aquatic
and plant life; and (3) the expansion of employment opportunities,
maintenance and expansion of agriculture and the provision of a permanent foundation for health industrial development; and
Whereas, The management and protection of our substantial
water resources are carried out under federally delegated authority
through the "Federal Water Pollution Control Act" and the "National
Pollutant Discharge Elimination System" which require the State to
establish and implement water quality standards consistent with the
federal requirements; and
Whereas, The Environmental Quality Board is charged with the
responsibility of developing the water quality standards for the
State; and
Whereas, The water quality standards are complex and
scientific in nature and generate much debate and controversy
whenever they are amended or brought before the Legislature;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance study the State's water quality standards;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance establish a joint water quality standards committee that
will under take a comprehensive review of the State's water quality
standards, including, but not limited to:
1. Proposals to change the water quality standards as they
relate to specific parameters or constituents for which water must
be tested under a National Pollutant Discharge Elimination System
permit;
2. Determination of which waters are trout streams for
purposes of inclusion or removal from a list of trout streams
contained in the water quality standards;
3. The application of Category A, drinking water standard, to
specific water resources; and
4. The impact of the recent federal court cases on the
development, amendment and passage by the Legislature of the
State's water quality standards through the legislative rule-making
process; and, be it
Further Resolved, That the joint water quality standards
committee be dedicated to comprehensively addressing West Virginia
water quality. The committee shall consist of five members each
from the House of Delegates and the Senate, including the chairs of
the Judiciary, Finance and Natural Resources committees, to be
appointed by the Speaker of the House of Delegates and the
President of the Senate, with the cochairs appointed from the three
appointees who do not chair the standing committees; and, be it
Further Resolved, That joint water quality standards committee
shall have the following advisory members for the purposes of
providing technical information: A chemist or chemical engineer,
a biologist, a geologist, a hydrologist and a botanist. The
advisory members shall be selected from relevant governmental
agencies, including, but not limited to, the Department of
Environmental Protection, the Division of Natural Resources and the
Department of Agriculture, together with representatives of
industry and the environmental community meeting the qualifications set forth above. The advisory appointment shall be made by the
President of the Senate and the Speaker of the House of Delegates;
and, be it
Further Resolved, That the joint committee on water quality
standards report to the Joint Committee on Government and Finance
on or before the thirty-first day of January, 2005, 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. 54--Requesting the Joint
Committee on Government and Finance to conduct a study of the
efficacy of collaborative pharmacy practice agreements between
pharmacists and physicians and whether patient safety and welfare
would be promoted or enhanced by such agreements.
Whereas, Many residents of West Virginia have limited access
to health care, especially in rural areas of the State; and
Whereas, There is a limited supply of health care
professionals practicing in West Virginia, thus facing an increased demand on the time and service of these practicing professionals;
and
Whereas, Many West Virginians cannot afford health care; and
Whereas, The cost of health care, especially the cost of
prescription drugs, continues to increase; and
Whereas, The growth of available medications has led to a
rapid expansion of drug related problems; and
Whereas, Adverse drug reactions and treatment failures in the
United States cost $121.5 billion in hospital admissions, $13.8
billion in physician office visits and over 200,000 deaths in 2000;
and
Whereas, For every $1 spent on prescription drugs, $1.60 is
spent resolving problems associated with the use of prescription
drugs; and
Whereas, Proper and appropriate use of prescription drugs can
prevent unnecessary health care services, reduce the cost of health
care and improve patient outcomes; and
Whereas, Collaborative drug therapy management allows
pharmacists and physicians to work together to improve patient care
and reduce health care expenditures; and
Whereas, Forty states currently permit pharmacists and
physicians to enter into collaborative agreements to improve
patient care and reduce cost; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study of the feasibility of allowing pharmacists and physicians to enter into collaborative agreements;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, 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. 55--Requesting the Joint
Committee on Government and Finance to study whether wild ginseng
and cultivated ginseng should be regulated in the same manner.
Whereas, Native ginseng is an important wild plant in West
Virginia harvested by over fifteen thousand individuals; and
Whereas, The harvested wild ginseng generates several millions
of dollars of income; and
Whereas, Wild ginseng is a threatened species subject to
regulation by the U. S. Fish and Wildlife Service and the West
Virginia Division of Forestry; and
Whereas, Over the past few years, several landowners have begun cultivating ginseng in the woods as a crop; and
Whereas, Cultivated ginseng is regulated in the same manner as
wild ginseng;
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance to study whether wild ginseng and cultivated
ginseng should be regulated in the same manner; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, 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. 76--Designating May 1, 2004,
as "Hampshire County Day" in recognition of the 250th anniversary
of the founding of Hampshire County.
Whereas, In May, 1754, Hampshire County was officially formed
and the first shots were fired that would begin the French and
Indian War; and
Whereas, Hampshire County's importance as a gateway to the
developing west made it a target for the enemy attacks during the
w/War; and
Whereas, It was because of this that Colonel George
Washington, Commander of the Virginia Regiment, built a chain of
forts in Hampshire County as the northern bulwark of his western
line of defense; and
Whereas, Not even the ravages of war could stop the advance of
settlers into the fertile valleys of Hampshire County; and
Whereas, The number of settlers continued to increase which
led to the establishment of Hardy County in 1786 and Pendleton
County and 1788; and
Whereas, During the Civil War, Hampshire County was again
ravaged by war; and
Whereas, Because of its strategic location, there were many
troop movements through Hampshire County and the city of Romney--
the county seat of Hampshire County which is said to have changed
hands 56 times during the Civil War; and
Whereas, The Civil War left Hampshire County severely wounded
and its citizens nearly destitute, but once again the people of
Hampshire County rebuilt their homes and communities and looked
forward to a bright future; and
Whereas, This year marks the 250th anniversary of the founding
of Hampshire County, West Virginia's oldest county; and
Whereas, We should use this time to recall the heroic
sacrifice of the countless men and women who came to Hampshire County to make a new life and to those who followed after them
through times of war and testing; and
Whereas, The cost our forefathers paid to protect the treasure
of the quiet, fertile valleys and age-old forested mountains of
Hampshire County for future generations should not go unnoticed;
therefore, be it
Resolved by the West Virginia Legislature:
That May 1, 2004, shall be designated as "Hampshire County
Day" in recognition of the 250th anniversary of the founding of
Hampshire County; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Governor and members of the
Hampshire County Commission.
At the request of Senator Ross, and by unanimous consent, the
message was taken up for immediate consideration and reference of
the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2088, Increasing the penalty
for the manufacture, distribution or possession of certain controlled or counterfeit substances near a park.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4566, Allowing continued
employment of a spouse of a newly elected county commissioner with
tenured service with a county agency to keep their job.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 2088 and 4566)
contained in the preceding report from the Committee on the
Judiciary were each taken up for immediate consideration, read a
first time and ordered to second reading.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Eng. Com. Sub. for House Bill No. 4338, Providing for the
issuance of special registration plates promoting education and
using the special fee for the registration plates to fund
transportation for school trips for academic purposes.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Mike Ross,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Transportation.
At the request of Senator Ross, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4338) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4371, Extending the pilot program for the
uninsured and underinsured.
With an amendment from the Committee on Banking and Insurance
pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Banking and Insurance to which
the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 4371) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Snyder, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Eng. House Bill No. 4582, Limiting the division of labor
elevator inspectors to inspection of elevators in state owned
buildings.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Labor.
At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. H. B. No. 4582) was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Snyder, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Eng. House Bill No. 4709, Allowing the commissioner of labor
to charge fees for laboratory services and calibrations.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. H. B. No. 4709) contained in the preceding
report from the Committee on Labor was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Finance.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Eng. House Bill No. 4745, Relating to administration of
repairs to vehicles and equipment by the division of highways.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Mike Ross,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Transportation.
At the request of Senator Ross, unanimous consent being
granted, the bill (Eng. H. B. No. 4745) was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
House Concurrent Resolution No. 3, Naming a portion of state
route 75 and U. S. route 52 the "Big Green Memorial Highway".
House Concurrent Resolution No. 4, Establishing a "Robert L.
Bradley, M. D., Ph. D., Brigadier General Memorial Highway".
House Concurrent Resolution No. 23, Naming the bridge, located
approximately one mile east of the Huntington Mall on Route 60, the
"George Adam Floding Bridge".
House Concurrent Resolution No. 29, Requesting the Division of
Highways to name the bridge crossing the Elk River on State Route
4 south of Gassaway, the "Veterans Memorial Bridge".
And,
House Concurrent Resolution No. 32, Erecting a plaque
dedicating the "Bowers Bridge", located at Mannington in Marion
County, to Herbert "Pete" Bonnell, Charles Brumage, Clarence
Roberts, Louie Starsick and Sam Hunter.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Mike Ross,
Chair.
The Senate proceeded to the sixth order of business.
By Senators Snyder, Tomblin (Mr. President), Chafin, Helmick,
Plymale, Kessler, Prezioso, Deem, Harrison, Bowman, Edgell, Unger,
Caldwell, McCabe, White, Boley, Guills, Sprouse, Minear, Fanning,
Rowe, Jenkins, Minard, Sharpe, Ross, Weeks, Smith, Dempsey, Love,
Facemyer, Hunter, McKenzie, Oliverio and Bailey offered the
following resolution:
Senate Concurrent Resolution No. 83--
Designating the second
full week of February, 2005, and every year thereafter, as West
Virginia Adoption Week.
Whereas, Historically, orphaned and abandoned children were
provided for by the church which recognized the responsibility of
the community for these children and raised the necessary funds
from their congregations. This later led to the establishment of
orphanages; and
Whereas, In the early 17th century, the English government
began to provide for these children and often placed them in
institutions known as workhouses. In the 18th century, in an
effort to move away from abusive workhouses, the government
established separate residential schools for the housing and
instruction of orphans; and
Whereas, In the United States during the 19th century, most
orphanages were supported by private child welfare agencies; and
Whereas, In the second half of the 20th century, the
government took the responsibility for these orphaned or abandoned
children, as well as children who had been abused or neglected or
who had behavioral or emotional problems; and
Whereas, The latest available statistics disclose that there
are 542,000 children in foster care in this country, with 48
percent of these children in nonrelative foster care; and
Whereas, Adoption offers the blessing of making a childless
couple into a loving family; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the second full week of
February, 2005, and every year thereafter, as West Virginia
Adoption Week; and, be it
Further Resolved, That the Legislature hereby urges all
citizens to become familiar with the process of the Department of
Health and Human Resources with regard to adoption; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to Paul L. Nusbaum,
Secretary of the Department of Health and Human Resources.
At the request of Senator Snyder, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Hunter offered the following resolution:
Senate Concurrent Resolution No. 84--
Requesting West Virginia
University analyze its research facilities involving meat
production, processing, packaging and marketing.
Whereas, West Virginia has resources to grow and finish cattle
using methods that can be tailored to meet various consumer areas,
such as locally grown and finished, grass finished and naturally
raised; and
Whereas, West Virginia University's Muscle Foods Processing
Laboratory provides undergraduate and graduate education as well as
outreach instruction-level on fabrication, value-added processing,
palatability, wholesomeness and safety of muscle foods; and
Whereas, The Muscle Food Processing Laboratory conducts
physical, chemical and microbiological analyses of muscle foods;
and
Whereas, Conditions at the current facility are antiquated,
with no major renovations for several years. The current design is
not consistent with USDA/FSIS Hazard Analysis Critical Control
Point and lacks sensory evaluation capabilities; and
Whereas, A renovated facility would enhance product
development and testing and expand traditional and nontraditional
educational opportunities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests West Virginia University analyze its research facilities involving meat production,
processing, packaging and marketing; and, be it
Further Resolved, That the Legislature hereby requests West
Virginia University report to the regular session of the
Legislature, 2005, on its findings and conclusions.
Which, under the rules, lies over one day.
Senators Harrison, Sprouse, McCabe and Rowe offered the
following resolution:
Senate Resolution No. 38--
Congratulating the Sissonville High
School girls' basketball team on winning the 2003 Class AA
championship.
Whereas, The Sissonville High School girls' basketball team
had an exceptional season which earned it the opportunity to
participate in the 2003 Class AA championship playoffs; and
Whereas, The Sissonville High School girls' basketball team
won the 2003 Class AA championship; and
Whereas, The coaching staff, consisting of Annette Olenchick
and Eddie Fisher, along with managers Amber Ferrell and Maleah
Urban, are commended for outstanding leadership ability; and
Whereas, The team players, consisting of Andrea Lewis,
Christina Kessell, Emily Facemyer, Rachel Kendall, Rebekah Kendall,
Ashley Radcliffe, Shannon Carpenter, Amy Miller, Natalie Pack, Tara
Holmes and Nikki Rogers, are commended for their outstanding
athletic ability, team spirit and sportsmanship; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Sissonville High School girls' basketball team on winning the 2003 Class AA
championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Sissonville High School girls'
basketball team.
At the request of Senator Harrison, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
At the request of Senator Helmick, unanimous consent being
granted, Senators Helmick, Tomblin (Mr. President), Chafin and
Bowman offered the following resolution from the floor:
Senate Concurrent Resolution No. 85--
Requesting Congress and
the President of the United States to support Taiwan's
participation in the United Nations.
Whereas, Taiwan is a modern democracy that routinely holds
free and fair elections and has dramatically improved its record on
human rights; and
Whereas, Taiwan's 23 million people are not currently
represented in the United Nations; and
Whereas, Taiwan has, in recent years, repeatedly expressed its
strong desire to participate in the United Nations and has much to
contribute to the work and funding of the United Nations; and
Whereas, Taiwan's participation in the United Nations will
help maintain peace and stability in Asia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests Congress and the
President of the United States support Taiwan's participation in
the United Nations; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to West Virginia's
congressional delegation, the President of the United States and
Consular Services, Taipei Economic and Cultural Office in New York.
At the request of Senator Helmick, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Petitions
Senator Bailey presented a petition from Vivian Brooks and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Caldwell presented a petition from Melanie Baker and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senators Kessler and Edgell presented a petition from Claire
Robinson and numerous West Virginia teachers, supporting the merger
of the Teachers Defined Benefit Retirement Plan with the Teachers
Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Ross presented a petition from Judith D. Harris and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Dempsey presented a petition from Debra Bias and
numerous Logan County teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Facemyer presented a petition from James E. Grass and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Bowman presented a petition from Mary Ellen Shaffer
and numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator White presented a petition from Kathryn R. York and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senators Unger and Snyder presented a petition from Joanne
Dillon and numerous Jefferson County teachers, supporting the
merger of the Teachers Defined Benefit Retirement Plan with the
Teachers Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator McKenzie presented a petition from Judy Mullins and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had removed from the
Senate third reading calendar, Engrossed Committee Substitute for
House Bill No. 4104, Engrossed House Bill No. 4144, Engrossed
Committee Substitute for House Bill No. 4373 and Engrossed
Committee Substitute for House Bill No. 4388; from the Senate
second reading calendar, Engrossed Committee Substitute for House
Bill No. 2200; and from the Senate first reading calendar,
Engrossed Committee Substitute for House Bill No. 4006.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 3096, Authorizing
cooperation of campus police and rangers employed by the
Hatfield-McCoy regional recreation authority with other
law-enforcement agencies.
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. 3096) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4040, Relating to criteria for making
decisions affecting the filling of vacancies if one or more
permanently employed instructional personnel apply for a classroom
teaching position.
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. 4040) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4097, Clarifying those persons or entities
responsible for paying certain fees assessed by the clerk of the
circuit court for processing of criminal bonds and bailpiece.
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. 4097) 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. 4104, Creating the felony
crime of scanning device or reencoder fraud.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 4144, Excepting secretaries of real estate
brokers who set appointments with sellers and buyers from the scope
of practice.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 4167, Creating the Exotic
Animal Control Board to protect the health and safety of humans and
the state's agricultural and forestry industries, its wildlife and
other natural resource interests from the introduction or spread of
disease.
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. 4167) passed.
On motion of Senator Edgell, 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 therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4167--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4,
§19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10,
§19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16,
§19-9B-17, §19-9B-18, §19-9B-19, §19-9B-20, §19-9B-21, §19-9B-22
and §19-9B-23, all relating to regulating the possession and sale
of domestic and exotic animals; creating animal health safety
control board and technical advisory committee; creating special
revenue fund; establishing duties; providing rule-making authority;
establishing jurisdiction of member agencies; establishing bonding
requirements; requiring pet shop registration; requiring
recordkeeping; requiring possession permit to keep certain animals;
establishing care and treatment requirements; requiring insurance;
authorizing inspections; permitting denial, suspension or
revocation of permits; seizing and quarantining animals; and establishing civil and criminal penalties and fees.
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. 4373, Making it a crime to
alter a traffic-control device with an infrared or electronic
device.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 4388, Creating new
misdemeanor and felony offenses and associated penalties related to
the possession, creation and use of original, duplicated, altered
or counterfeit retail sales receipts and universal product code
labels with the intent to defraud.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 4554, Relating to the rights, privileges
and benefits of substitute service personnel employed to fill
vacancies created by leaves of absence.
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. 4554) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4554--A Bill
to amend and reenact §18A-4-
15 of the code of West Virginia, 1931, as amended, relating to the
rights, privileges and benefits of substitute service personnel
employed to fill vacancies created by leaves of absence, workers'
compensation and suspensions for more than thirty working days; and
considering certain bus operators to be employed in the same
building or working station.
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. 4554) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4598, Restricting courts from requiring
conditions on the out of home placement of children inconsistent
with existing licensing regulations.
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. 4598) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2200, Creating the felony
offense of destruction of property.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2423, Awarding high school
diplomas to certain veterans.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3189, Reducing the total tax
credits available under the capital company act during the fiscal
year beginning on the first day of July, two thousand four.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4027, Establishing a
voluntary environmental excellence program.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Energy, Industry and Mining, were reported by the Clerk, considered
simultaneously, and adopted:
On page eight, section three, line thirteen, by striking out
the words "Three, four, five, six" and inserting in lieu thereof
the words "Four, five";
On page twenty-seven, section nine, line one, by striking out
the words "establish and provide" and inserting in lieu thereof the
words "propose rules for legislative approval, pursuant to the
provisions of chapter twenty-nine-a of this code, establishing";
And,
On page twenty-seven, section nine, line six, after the word "subsection." by striking out the remainder of the section.
The bill (Eng. Com. Sub. for H. B. No. 4027), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4143, Creating a West
Virginia center for nursing to establish a statewide strategic plan
to address the nursing shortage in the state and to facilitate
recruitment and retention of nurses.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page two, after the enacting clause by striking out the
remainder of the bill and inserting in lieu thereof the following:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-7-8a; that said
code be amended by adding thereto a new section, designated §30-7A-
7a; and that said code be amended by adding thereto a new article,
designated §30-7B-1, §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-
7B-6, §30-7B-7, §30-7B-8, §30-7B-9 and §30-7B-10, all to read as
follows:
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-8a. Supplemental fees to fund center for nursing; emergency
rules.
(a) The board is authorized to assess a supplemental licensure
fee not to exceed ten dollars per license per year. The
supplemental licensure fee is to be used to fund the center for nursing and to carry out its purposes as set forth in article
seven-b of this chapter.
(b) The board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code to establish the supplemental licensure fee.
(c) The board may promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code for the initial fee assessment.
ARTICLE 7A. PRACTICAL NURSES.
§30-7A-7a. Supplemental fees to fund center for nursing; emergency
rules.
(a) The board is authorized to assess a supplemental licensure
fee not to exceed ten dollars per license per year. The
supplemental licensure fee is to be used to fund the center for
nursing and to carry out its purposes as set forth in article
seven-b of this chapter.
(b) The board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code to establish the supplemental licensure fee.
(c) The board may promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code for the initial fee assessment.
ARTICLE 7B. CENTER FOR NURSING.
§30-7B-1. Legislative findings.
The Legislature finds that through the study of the nursing
shortage study commission, it is essential that there be qualified registered professional nurses and other licensed nurses to meet
the needs of patients. Without qualified nurses, quality patient
care is jeopardized. The nursing population is aging and fewer
students are entering nursing programs.
Therefore, the Legislature declares, to ensure quality health
care, recruitment and retention of nurses are important and a
center is needed to address the nursing shortage crisis in West
Virginia.
§30-7B-2. Definitions.
(a) "Board" means the board of directors for the West Virginia
center for nursing.
(b) "Center" means the West Virginia center for nursing.
(c) "Direct patient care", as used in this article, means
health care that provides for the physical, emotional, diagnostic
or rehabilitative needs of a patient, or health care that involves
examination, treatment or preparation for diagnostic tests or
procedures.
§30-7B-3. West Virginia center for nursing.
(a) Effective the first day of July, two thousand four, the
nursing shortage study commission, established pursuant to the
provisions of section eighteen, article seven, chapter thirty of
this code, is hereby 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 four, the
West Virginia center for nursing is hereby created to address the
issues of recruitment and retention of nurses in West Virginia.
(c) The higher education policy commission shall provide
suitable office space for the center. The commission shall share
statistics and other pertinent information with the center and
shall work cooperatively to assist the center to achieve its
objectives.
§30-7B-4. Center's powers and duties.
The West Virginia center for nursing shall have the following
powers and duties:
(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) Coordinate communication between the organizations that
represent nurses, health care providers, businesses, consumers,
legislators and educators;
(4) Enhance and promote recruitment and retention of nurses by
creating reward, recognition and renewal programs;
(5) 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;
(6) Promote nursing careers through educational and
scholarship programs, programs directed at nontraditional students
and other workforce initiatives;
(7) Explore solutions to improve working environments for nurses to foster recruitment and retention;
(8) Explore and establish loan repayment and scholarship
programs designed to benefit nurses who remain in West Virginia
after graduation and work in hospitals and other health care
institutions;
(9) Establish grants and other programs to provide financial
incentives for employers to encourage and assist with nursing
education, internships and residency programs;
(10) 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;
(11) Explore and evaluate the use of year-round day, evening
and weekend nursing training and education programs;
(12) Establish a statewide hotline and website for information
about the center and its mission and nursing careers and
educational opportunities in West Virginia;
(13) Evaluate capacity for expansion of nursing programs,
including the availability of faculty, clinical laboratories,
computers and software, library holdings and supplies;
(14) 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;
(15) Seek to improve the compensation of all nurses, including nursing educators; and
(16) Perform such other activities as needed to alleviate the
nursing shortage in West Virginia.
§30-7B-5. Board of directors.
(a) The West Virginia center for nursing shall be governed by
a board of directors consisting of the following thirteen members:
(1) One citizen member;
(2) Two representatives from the West Virginia board of
examiners for registered professional nurses as follows:
(A) One representing a bachelor's and higher degree program;
and
(B) One representing an associate degree program;
(3) One representative from the West Virginia board of
examiners for licensed practical nurses;
(4) One representative from the West Virginia nurses
association;
(5) One nurse representing a rural health care facility;
(6) Two representatives of employers of nurses as follows:
(A) One director of nursing; and
(B) One health care administrator;
(7) Two registered professional staff nurses engaged in direct
patient care;
(8) One licensed practical nurse engaged in direct patient
care; and
(9) Two ex officio members as follows:
(A) The secretary of the department of health and human resources or a designee; and
(B) A representative from the workforce development office.
(b) Before the first day of July, two thousand four, the
governor, by and with the consent of the Senate, shall appoint the
eleven citizen members as follows:
(1) The following members for an initial term of two years:
(A) One representative from the West Virginia board of
examiners for registered professional nurses representing an
associate degree program;
(B) One representative from the West Virginia board of
examiners for licensed practical nurses;
(C) One nurse representing a rural health care facility;
(D) One director of nursing; and
(E) One registered professional staff nurse engaged in direct
patient care;
(2) The following members for an initial term of four years:
(A) One citizen member;
(B) One representative from the West Virginia board of
examiners for registered professional nurses representing a
bachelor's and higher degree program;
(C) One representative from the West Virginia nurses
association;
(D) One health care administrator;
(E) One registered professional staff nurse engaged in direct
patient care; and
(F) One licensed practical nurse engaged in direct patient care.
(d) After the initial terms expire, the terms of all the
members shall be four years, with no member serving more than two
consecutive terms.
(e) The board shall designate a chairperson. Six members
shall constitute a quorum.
§30-7B-6. Board's powers and duties.
The board of directors shall have the following powers and
duties:
(1) Employ an executive director and other personnel necessary
to carry out the provisions of this article;
(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;
(6) Impanel an advisory committee of stakeholders to provide
consultation to the board; and
(7) Do such other acts as necessary to alleviate the nursing
shortage in West Virginia.
§30-7B-7. 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-8. Special revenue account.
(a) A special revenue account known as the "center for nursing
fund" is hereby established in the state treasury to be
administered by the board to carry out the purposes of this
article.
(b) The account shall be funded by:
(1) Assessing all nurses licensed by the board of examiners
for registered professional nurses, pursuant to section eight-a,
article seven of this chapter, and the board of examiners for
licensed practical nurses, pursuant to section seven-a, article
seven-a of this chapter, a supplemental licensure fee not to exceed
ten dollars per year; and
(2) Other public and private funds.
(c) Beginning the first day of January, two thousand six, and
continuing at least two years, a minimum of an equivalent of one
third of the funding from the annual supplemental licensure fees
shall be used for loan and scholarship programs.
§30-7B-9. Reports.
The center shall report annually to the joint committee on
government and finance on its progress in developing a statewide
strategic plan to address the nursing shortage in West Virginia,
along with drafts of proposed legislation needed to implement the
center's plan.
§30-7B-10. Continuation.
The West Virginia center for nursing shall continue to exist
until the first day of July, two thousand eight, unless sooner
terminated, continued or reestablished pursuant to the provisions
of article ten, chapter four of this code.
The bill (Eng. Com. Sub. for H. B. No. 4143), as amended, was
then ordered to third reading.
Eng. House Bill No. 4157, Continuing the rural health advisory
panel.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page two, section six-b, line three, by striking out the
word "eight" and inserting in lieu thereof the word "five".
The bill (Eng. H. B. No. 4157), as amended, was then ordered
to third reading.
Eng. Com. Sub. for House Bill No. 4168, Requiring lenders to
have the funds for mortgage loans available at the appropriate
time.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §31-17-2 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be further amended by
adding thereto a new article, designated §46A-6K-1, §46A-6K-2,
§46A-6K-3, §46A-6K-4 and §46A-6K-5, all to read as follows:
CHAPTER 31. CORPORATIONS.
ARTICLE 17. WEST VIRGINIA RESIDENTIAL MORTGAGE LENDER, BROKER AND
SERVICER ACT.
§31-17-2. License required for lender, broker or loan originator;
exemptions.
(a) No person shall engage in this state in the business of
lender, broker or loan originator unless and until he or she shall
first obtain a license to do so from the commissioner, which
license remains unexpired, unsuspended and unrevoked, and no
foreign corporation shall engage in business in this state unless
it is registered with the secretary of state to transact business
in this state.
(b) Brokerage fees, additional charges and finance charges
imposed by licensed mortgage brokers, lenders and loan originators
are exempt from the tax imposed by article fifteen, chapter eleven
of this code beginning on the first day of January, two thousand
four.
_____(b) (c) The provisions of this article do not apply to loans
made by the following:
(1) Federally insured depository institutions;
(2) Regulated consumer lender licensees;
(3) Insurance companies;
(4) Any other lender licensed by and under the regular supervision and examination for consumer compliance of any agency
of the federal government;
(5) Any agency or instrumentality of this state, federal,
county or municipal government or on behalf of the agency or
instrumentality;
(6) By a nonprofit community development organization making
mortgage loans to promote home ownership or improvements for the
disadvantaged which loans are subject to federal, state, county or
municipal government supervision and oversight; or
(7) Habitat for humanity international, inc., and its
affiliates providing low-income housing within this state.
Loans made subject to this exemption may be assigned,
transferred, sold or otherwise securitized to any person and shall
remain exempt from the provisions of this article, except as to
reporting requirements in the discretion of the commissioner where
the person is a licensee under this article. Nothing herein shall
prohibit a broker licensed under this article from acting as broker
of an exempt loan and receiving compensation as permitted under the
provisions of this article.
(c) (d) A person or entity designated in subsection (b) (c) of
this section may take assignments of a primary or subordinate
mortgage loan from a licensed lender and the assignments of said
loans that they themselves could have lawfully made as exempt from
the provisions of this article under this section do not make that
person or entity subject to the licensing, bonding, reporting or
other provisions of this article except as the defense or claim would be preserved pursuant to section one hundred two, article
two, chapter forty-six-a of this code.
(d) (e) The placement or sale for securitization of a primary
or subordinate mortgage loan into a secondary market by a licensee
may not subject the warehouser or final securitization holder or
trustee to the provisions of this article: Provided, That the
warehouser, final securitization holder or trustee under an
arrangement is either a licensee, or person or entity entitled to
make exempt loans of that type under this section, or the loan is
held with right of recourse to a licensee.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT
AND PROTECTION ACT.
ARTICLE 6K. GOOD FUNDS SETTLEMENT ACT.
§46A-6K-1. Applicability.
This article applies to the settlement of loans secured by
deeds of trust on owner-occupied residential dwellings with
accommodations for not more than four families. This article does
not apply to construction loans or any other loans which, by
agreement of the parties, provide for the disbursement of the
proceeds in stages.
§46A-6K-2. Definitions.
(a) "Collected funds" or "good funds" means moneys used to
fund the disbursement of settlement proceeds deposited and
irrevocably credited to a settlement agent's account.
(b) "Disbursement of loan funds" means the delivery of the
loan funds by the lender to the settlement agent in the form of:
(1) Cash;
(2) Wired funds;
(3) Certified check;
(4) Checks issued by the United States treasury, the state of
West Virginia or an instrumentality of the United States or state
of West Virginia;
(5) Cashier's check or teller's check or other similar draft
or obligation of a federally insured bank, savings bank, savings
and loan association or credit union or of any holding company or
wholly owned subsidiary of the foregoing;
(6) Checks issued by a licensed lender qualified to do
business in West Virginia which has posted the surety bond required
by subsection (b), section four, article seventeen, chapter thirty-
one of this code;
(7) Checks issued by an insurance company licensed and
regulated by the West Virginia insurance commission, which checks
are drawn on a federally insured financial institution;
(8) Checks drawn on the escrow account of an attorney licensed
to practice law in West Virginia or on the escrow account of a real
estate broker licensed in West Virginia; or
(9) Personal check or checks in an aggregate amount not
exceeding five thousand dollars per loan closing.
(c) "Disbursement of settlement proceeds" means the payment of
all proceeds of the transaction by the settlement agent to the
persons entitled thereto.
(d) "Lender" means any person regularly engaged in making loans secured by deeds of trust to secure debt on West Virginia
real estate. A person is considered to be regularly engaged in
making loans if he or she makes more than five such loans in any
one calendar year.
(e) "Loan closing" means that time agreed upon by the
borrower, lender, seller, if applicable, and settlement agent when
the execution by the borrower and delivery of the loan documents to
the settlement agent occur.
(f) "Loan documents" means the note evidencing the debt due
the lender, the deed of trust or mortgage securing the debt due to
the lender and any other documents required by the lender to be
executed by the borrower as a part of the transaction.
(g) "Loan funds" means the gross or net proceeds of the loan
to be disbursed by or on behalf of the lender at loan closing.
(h) "Parties", as used in this subsection, means the seller,
purchaser, borrower, lender and the settlement agent, as
applicable.
(i) "Settlement" means the time when the settlement agent has
received the duly executed deed, loan funds, loan documents and
other documents and funds required to carry out the terms of the
contract between the parties.
(j) "Settlement agent" means the person authorized by law to
be responsible for conducting the settlement and disbursement of
the settlement proceeds.
§46A-6K-3. Duty of lender.
The lender shall, at or before loan closing, cause disbursement of loan funds to the settlement agent; however, in the
case of a refinancing, or any other loan where a right of
rescission applies, the lender shall, within one business day after
the expiration of the rescission period required under the federal
Truth-in-Lending Act (15 U. S. C. §1601, et seq.), cause
disbursement of loan funds to the settlement agent, unless the loan
is rescinded by the customer. All funds disbursed by the lender to
the settlement agent must be collected funds. The lender is not
entitled to receive or charge any interest on the loan until
disbursement of loan funds and loan closing has occurred.
§46A-6K-4. Validity of loan documents.
Failure to comply with the provisions of this article does not
affect the validity or enforceability of any loan documents
executed.
§46A-6K-5. Penalty.
Any persons suffering losses due to the failure of the lender
or the settlement agent to disburse settlement proceeds as required
by this chapter shall be entitled to recover, in addition to other
actual damages, double the amount of any interest collected in
violation of section three of this article plus reasonable
attorneys' fees incurred in the collection thereof.
The bill (Eng. Com. Sub. for H. B. No. 4168), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4193, Authorizing the
Department of Environmental Protection to promulgate legislative
rules.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page four, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENT TO
PROMULGATE LEGISLATIVE RULES.
§64-3-1. Department of environmental protection.
(a) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection (Nox
budget trading program as a means of control and reduction of
nitrogen oxides from nonelectric generating units, 45 CSR 1), is
authorized.
(b) The legislative rule filed in the state register on the
thirtieth day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection
(emission standards for hazardous air pollutants pursuant to 40 CFR
Part 61, 45 CSR 15), is authorized.
(c) The legislative rule filed in the state register on the
thirtieth day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection (standards of performance for new stationary sources pursuant to 40
CFR Part 60, 45 CSR 16), is authorized with the following
amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(d) The legislative rule filed in the state register on the
twenty-ninth day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection (to
prevent and control air pollution from hazardous waste treatment,
storage or disposal facilities, 45 CSR 25), is authorized with the
following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(e) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection
(emission standards for hazardous air pollutants for source
categories pursuant to 40 CFR Part 63, 45 CSR 34), is authorized
with the following amendment:
Wherever the rule has been amended to insert the term "Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(f) The legislative rule filed in the state register on the
thirtieth day of July, two thousand three, authorized under the
authority of section four, article five, chapter twenty-two of this
code, relating to the department of environmental protection
(requirements for determining conformity of transportation plans,
programs and projects developed, funded or approved under Title 23
U. S. C. or the federal transit laws applicable air quality
implementation plans (transportation conformity), 45 CSR 36), is
authorized with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(g) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section four, article three, chapter twenty-two of
this code, modified by the department of environmental protection
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 four, relating to the department of
environmental protection (surface mining reclamation, 38 CSR 2), is
authorized.
(h) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the
authority of section five, article fifteen, chapter twenty-two of
this code, modified by the department of environmental protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the second day of
December, two thousand three, relating to the department of
environmental protection (solid waste management, 33 CSR 1), is
authorized with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(i) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section one, article eighteen, chapter twenty-two of
this code, modified by the department of environmental protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the second day of
December, two thousand three, relating to the department of
environmental protection (hazardous waste management, 33 CSR 20),
is authorized with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
(j) The legislative rule filed in the state register on the thirty-first day of July, two thousand three, authorized under the
authority of section four, article eleven, chapter twenty-two of
this code, modified by the department of environmental protection
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twentieth day of
November, two thousand three, relating to the department of
environmental protection (West Virginia NPDES rule for coal mining
facilities, 47 CSR 30), is authorized with the following amendment:
Wherever the rule has been amended to insert the term
"Division of Water and Waste Management", the existing language of
the rule prior to the amendment denoting a change in the name of
the agency of reference shall be retained.
§64-3-2. Environmental quality board.
The legislative rule filed in the state register on the first
day of August, two thousand three, under the authority of section
four, article three, chapter twenty-two-b of this code, relating to
the environmental quality board (requirements governing water
quality standards, 46 CSR 1), is not authorized.
(1) The legislative rule filed in the state register on the
twenty-fifth day of June, two thousand three, authorized under the
authority of section four, article three, chapter twenty-two-b of
this code, authorized by the Legislature during the regular session
of the Legislature in two thousand three, relating to the
environmental quality board (requirements governing water quality
standards, 46 CSR 1), is reauthorized with the following
amendments:
On page seven, section 6.2.d., after the words "(requirements
for Category A waters.)", by striking out the words "The manganese
human health criteria shall not apply where the discharge point of
the manganese is located more than five miles upstream from a known
drinking water source." and inserting the following:
"The manganese human health criterion shall only apply within
the five-mile zone immediately upstream above a known public or
private water supply used for human consumption.";
On page ten, section 7.2.a.2., after the words "(to its
headwaters.)" by striking out the words "Until September 1, 2004,
the one-half mile zone described in this section shall not apply to
the Ohio River main channel (between Brown's Island and the left
descending bank) between river mile points 61.0 and 63.5." and
inserting in lieu thereof the words "Until September 1, 2010, or
until action by the Environmental Quality Board to revise this
provision, whichever comes first, the one-half (½) mile zone
described in this section shall not apply to the Ohio River main
channel (between Brown's Island and the left descending bank)
between river mile points 61.0 and 63.5 for the Category A
criterion for iron as set forth in §8 herein. Weirton Steel
Corporation shall conduct monthly monitoring of the treated water
at its drinking water plant for iron and submit the results of such
monitoring to the West Virginia Bureau for Public Health and the
Office of Water Resources of the West Virginia Department of
Environmental Protection. In addition, Weirton Steel Corporation
shall submit a written report regarding the status of its drinking water plant and the issues pertaining thereto to the Environmental
Quality Board on or before March 1, 2007.";
On pages twelve and thirteen, section 7.2.d.16.2. after the
words "the following instream criteria:" by striking the remainder
of 7.2.d.16.2. and inserting in lieu thereof, the following:
"Lead 14 ug/l, Daily Maximum, Temperature 100 degree F
(monitored per Footnote 12 of the permit); Iron 4.0 mg/l, monthly
average and 8.0 mg/l Daily Maximum (monitored per Footnote 12 of
the permit). Weirton Steel Corporation shall continue to submit to
the Office of Water Resources of the West Virginia Department of
Environmental Protection, on an annual basis summary reports on the
water quality of the discharge from Outlet 004 and the efforts made
by Weirton Steel Corporation during the previous year to improve
the quality of the discharge. These exceptions shall be in effect
until action by the Environmental Quality Board to revise the
exceptions or until July 1, 2007, whichever comes first.";
On page thirteen, section 7.2.d.19. By adding a new paragraph
designated 7.2.d.19.3 to read as follows:
7.2.d.19.3. Except that in Ward Hollow of Davis Creek, the
following site-specific numeric criterion for chloride shall apply
for Category A and Category B1 (chronic aquatic life
protection):310,000 ug/L.;
On page 30, APPENDIX E, TABLE 1, column one, by striking out
the words "The concentration of un-ionized ammonia (NH3) shall not
exceed 50 ug/l.; and
On page 30, APPENDIX E, TABLE 1, by striking the all the provisions of 8.2. and on page 31, by renumbering 8.2.1 as 8.2..
(2) In addition to the forgoing amendments to the rule the
environmental quality board shall, in cooperation with the
regulated community and the department of environmental protection,
propose for promulgation in accordance with the provisions of
article three, chapter twenty-nine-a of this code, an emergency and
legislative rule on or before the first day of October, two
thousand four, to revise the aquatic life aluminum criteria.
The bill (Eng. Com. Sub. for H. B. No. 4193), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4200, Authorizing the
department of military affairs and public safety to promulgate
legislative rules.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND
PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-1. Fire marshal.
(a) The legislative rule filed in the state register on the
eighteenth day of February, two thousand three, authorized under
the authority of section four, article three-c, chapter twenty-nine
of this code, modified by the fire marshal to meet the objections of the legislative rule-making review committee and refiled in the
state register on the eighteenth day of June, two thousand three,
relating to the fire marshal (certification of electrical
inspectors, 103 CSR 1), is authorized, with the following
amendments:
On page 4, subsection 5.2, after the word "qualifications" by
striking out the word "forfeits" and inserting in lieu thereof the
words "and he or she shall also forfeit";
On page five, subsection 7.4, line one, by striking out the
words "Duplicate license fee" and inserting in lieu thereof the
words "Duplicate certification fee";
On page five, subsection 7.4, line five, by striking out the
word "license" and inserting in lieu thereof the words
"certification";
And,
On page five, section 8, line five, by striking out the word
"offense" and inserting in lieu thereof the words "violation of
this rule".
(b) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand three, authorized under the
authority of section twelve-b, article three, chapter twenty-nine
of this code, modified by the fire marshal to meet the objections
of the legislative rule-making review committee and refiled in the
state register on the fifteenth day of December, two thousand
three, relating to the fire marshal (fees for licenses, permits,
inspections, plans review and other services rendered, 103 CSR 2), is authorized with the following amendments:
On page four, subsection 6.12, by striking out the subsection
in its entirety and renumbering subsequent subsections accordingly;
On page five, subsection 6.14, by striking out the words
"Unjustified Complaint -------- Fee to complainant will be the same
as listed per above respective occupancy" and inserting in lieu
thereof the words "Unjustified Complaint (fee charged complainant)
-------- $25.00";
On page five, subsection 6.20, by striking out the subsection
in its entirety and renumbering subsequent subsections accordingly;
And,
On page five, subsection 6.22, by striking out said subsection
6.22 in its entirety.
§64-6-2. State police.
The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section five, article two, chapter fifteen of this
code, modified by the state police to meet the objections of the
legislative rule-making review committee and refiled in the state
register on the sixteenth day of December, two thousand three,
relating to the state police (career progression system, 81 CSR 3),
is authorized.
The bill (Eng. Com. Sub. for H. B. No. 4200), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4205, Authorizing the
department of health and human resources to promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page three, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN
RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. Department of health and human resources.
The legislative rule filed in the state register on the eighth
day of July, two thousand three, authorized under the authority of
section two, article five-q, chapter sixteen of this code, modified
by the department of health and human resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the second day of December, two
thousand three, relating to the department of health and human
resources (eligibility standards for economic assistance from the
James "Tiger" Morton catastrophic illness fund, 72 CSR 1), is
authorized, with the following amendments:
On page one, section 2, lines one and two, by striking out the
words "has a catastrophic illness and has applied" and inserting in
lieu there of the word "applies";
On page one, subsection 2.1, line three, by striking out the
word "that" and inserting in lieu thereof the word "catastrophic";
On page two, subsection 3.4, after the words "A life-threatening illness" by striking out the remainder of the
subsection and inserting in lieu thereof the words "presenting an
applicant with an imminent risk of death.";
On page two, subsection 3.6, by striking out the subsection in
its entirety and inserting in lieu thereof the following:
"3.6. Eligible applicant. - An applicant who is suffering from
a catastrophic illness and who meets the financial eligibility
standards established by subsection 6.3 of this rule.";
On page two, section 4, by striking out the section in its
entirety and inserting in lieu thereof the following:
"4.1. A West Virginia citizen may request economic assistance
from the commission by contacting the commission and providing
information by telephone.
4.2. Any person who obtains or attempts to obtain funds from
the commission by willful, false statement or misrepresentation or
by impersonation or any other fraudulent device may be investigated
by the Department of Health and Human Resources, Office of
Inspector General, and may be prosecuted to the full extent of the
law.";
On page four, section 5, by striking out the section in its
entirety and renumbering subsequent sections accordingly;
On page two, section 6, by striking out the words "If funding
is available, the Commission may consider an applicant eligible"
and inserting in lieu thereof the words "An applicant is eligible";
On page three, subsection 8.1, by striking out the subsection
in its entirety and inserting in lieu thereof the following:
"8.1. Requests for pharmaceutical purchases other than those
approved under section 7 of this rule;";
On page three, subsection 8.3, line one, after the word
"days", by inserting the words "or more";
On page four, subsection 9.1, by striking out the subsection
in its entirety and inserting in lieu thereof the following:
"9.1 If funding is available, the commissioner may order an
award of economic assistance to an eligible applicant.";
On page four, subsection 9.2, line two, after the words
"amount of an award." by striking out the remainder of the
subsection and inserting in lieu thereof the following:
"The decision to make an award is within the discretion of the
commission or, where permitted by ths rule, its executive
director.";
On page four, subsection 9.3, by striking out the subsection
in its entirety and inserting in lieu thereof the following:
"9.3. Within each budget year, similarly situated applicants
shall be treated similarly.";
On page four, section 10, by striking out the section in its
entirety and inserting in lieu thereof the following:
"Records of the Commission are confidential and may not be
disclosed except as required by W. Va. Code §29B-1-1 et seq. Any
employee of the commission who has access to confidential
information regarding an applicant must sign a written statement
acknowledging that he or she fully understands and will maintain
the confidential nature of the information.";
And,
On page five, section 11, line eight, after the word
"conclusion.", by striking out the quotation marks.
§64-5-2. Division of health.
(a) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand three, authorized under the
authority of section five, article five-d, chapter sixteen of this
code, modified by the division of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighth day of December, two thousand three,
relating to the division of health (assisted living residences, 64
CSR 14), is authorized.
(b) The legislative rule filed in the state register on the
twenty-second day of July, two thousand three, authorized under the
authority of section four, article one, chapter sixteen of this
code, modified by the division of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-second day of December, two thousand
three, relating to the division of health (cross connection and
backflow prevention, 64 CSR 15), is authorized.
(c) The legislative rule filed in the state register on the
twenty-second day of July, two thousand three, authorized under the
authority of section four, article one, chapter sixteen of this
code, modified by the division of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-second day of December, two thousand three, relating to the division of health (certification of
backflow prevention assembly testers, 64 CSR 25), is authorized
with the following amendment:
"On page two, section four, following subdivision 4.1.b., by
striking the remainder of the subsection and inserting the
following:
'and
4.1.c. Either:
4.1.c.1. Complete and pass all parts of an approved forty
(40) hour course of instruction in theory, design, performance,
testing and maintenance of backflow prevention assemblies; or
4.1.c.2. Meet recertification, reinstatement or reciprocity
requirements, as provided in sections 7 or 8 of this rule.'."
(d) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section nine-c, article seven-b, chapter fifty-five of
this code, modified by the division of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of December, two
thousand three, relating to the division of health (statewide
trauma/emergency care system, 64 CSR 27), is authorized.
(e) The legislative rule filed in the state register on the
eleventh day of July, two thousand three, authorized under the
authority of section four, article one, chapter sixteen of this
code, relating to the division of health (public water systems, 64
CSR 3), is authorized.
(f) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand three, authorized under the
authority of section four-a, article thirty-five, chapter sixteen
of this code, modified by the division of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of December, two
thousand three, relating to the division of health (childhood lead
screening, 64 CSR 42), is authorized with the following amendments:
"On page two, section three, line five, following the word
"Screening" and the dash, by striking out the remainder of the
sentence and inserting in lieu thereof the following: "The
assessment of a child's environment and social conditions to
determine risk for lead poisoning.";
On page two, section four, line nine, following the words
"years for" by inserting the words "risk of";
On page two, section four, line twelve, following the word
"screened", by inserting the words "using a risk assessment";
On page two, section four, line thirteen, following the word
"age", by striking out the words "shall be screened";
On page two, section four, line fifteen, following the word
"lead", by inserting the words "risk assessment";
On page two, section four, line seventeen, following the word
"conducted", by striking out the comma and inserting the word
"and";
On page two, section four, line seventeen, following the word
"name", by striking out the remainder of the sentence;
On page two, section four, following line seventeen, by
inserting the following:
"4.1.c. If a child is determined to be at risk for lead
poisoning, the health care provider shall perform or authorize a
blood test to identity the blood lead level.";
On page three, section six, line eight, following the word
"quarterly", by inserting the word "testing";
On page three, section six, line eight, following the word
"results", by striking out the words "of the screening";
And,
On page three, section seven, line thirteen, following the
word "child's", by inserting the word "name" and a comma".
(g) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section four, article one, chapter sixteen of this
code, modified by the division of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighth day of December, two thousand three,
relating to the division of health (fees for services, 64 CSR 51),
is authorized, with the following amendments:
On page one, subsection 3.2 after the words "Ambulatory
Surgical" by striking out the words "Center (ASC)" and inserting in
lieu thereof the words "Facility (ASF)";
On page twenty-one, Appendix A. Laboratory Service Fees.,
subparagraph l.A.1.8.l, after the words "Active Substances", by
striking out the numbers "$12.00" and inserting in lieu thereof the numbers "$15.00";
On page twenty-one, Appendix A. Laboratory Service Fees.,
after subparagraph l.A.1.8.l., by inserting a new subparagraph,
designated subparagraph l.A.1.8.l. and renumbering the remaining
subsections, to read as follows:
"m. Nitrate $15.00";
On page twenty-one, Appendix A. Laboratory Service Fees.,
subsection 1.B., by renumbering the subdivisions in the subsection;
On page twenty-two, Appendix A. Laboratory Service Fees.,
after subparagraph 1.B.3.A.3. by adding a new subparagraph,
designated subparagraph 1.B.3.A.4., to read as follows:
"3. All Other Organic Tests$800.00
4. Total Organic Carbon (TOC) and/or Specific Ultraviolet
Absorption (SUVA)$200.00"
and by renumbering the subsequent subparagraphs accordingly;
On page twenty-two, Appendix A. Laboratory Service Fees.,
paragraph 1.B.4.A., after the words "Newborn Screening", by
striking out the numbers "$15.00" and inserting in lieu thereof the
numbers "$28.00";
On page twenty-seven, Appendix C. Maximum Health Facility
Fees., subsection 2.B., after the words "Ambulatory Surgical", by
striking out the word "Center" and inserting in lieu thereof the
word "Facility";
And,
On page twenty-eight, Appendix C. Maximum Health Facility
Fees., subsection 3.B., after the words "Ambulatory Surgical", by striking out the word "Center" and inserting in lieu thereof the
word "Facility".
(h) The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand three, authorized under the
authority of section five, article five-d, chapter sixteen of this
code, relating to the division of health (residential board and
care homes, 64 CSR 65), is authorized.
(i) The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand three, authorized under the
authority of section seven, article forty, chapter sixteen of this
code, modified by the division of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighth day of December, two thousand three,
relating to the division of health (birth defects information
system, 64 CSR 81), is authorized.
The bill (Eng. Com. Sub. for H. B. No. 4205), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4211, Authorizing the
Department of Transportation to promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.
§64-8-1. Division of highways.
(a) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section eleven, article twenty-two, chapter seventeen
of this code, modified by the division of highways to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of January,
two thousand four, relating to the division of highways (use of
state road rights-of-way and adjacent areas, 157 CSR 6), is
authorized.
(b) The legislative rule filed in the state register on the
eighteenth day of July, two thousand three, authorized under the
authority of section seven, article eighteen, chapter twenty-two of
this code, relating to the division of highways (transportation of
hazardous wastes upon the roads and highways, 157 CSR 7), is
authorized, with the following amendment:
On page four, subdivision 6.3.2, on the third line, by
striking out the words "Division of Water and" and inserting in
lieu thereof the words "Office of".
§64-8-2. Division of motor vehicles.
The legislative rule filed in the state register on the
nineteenth day of November, two thousand three, authorized under
the authority of section nine, article two, chapter seventeen-a of
this code, relating to the division of motor vehicles
(administrative due process, 91 CSR 1), is authorized, with the following amendment:
On page six, paragraph 3.9.4.a., by striking out the
subdivision in its entirety and inserting in lieu thereof the
following:
"a. The party carrying the burden of proof has the initial
opportunity to present evidence.";
On page six, paragraph 3.9.4.b, after the words "and accept
as", by striking out the word "evidence" and inserting in lieu
thereof the words "part of the record".
On motion of Senator Chafin, the following amendment to the
Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B.
No. 4211) was reported by the Clerk:
On page two, section two, after line nine, by inserting the
following:
On page five, subdivision 3.7.2., after the period, by
inserting the following: "Provided, That, where the arresting
officer fails to appear at the hearing, but the licensee appears,
the revocation or suspension of license may not be based solely on
the arresting officer's affidavit or other documentary evidence
submitted by the arresting officer."
Following discussion,
The question being on the adoption of Senator Chafin's
amendment to the Judiciary committee amendment to the bill (Eng.
Com. Sub. for H. B. No. 4211), and on this question, Senator Unger
demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Kessler, Love, McCabe, Minard, Minear, Plymale,
Ross, Rowe, Sharpe, Snyder, White and Tomblin (Mr. President)--25.
The nays were: Harrison, Jenkins, McKenzie, Oliverio,
Prezioso, Smith, Sprouse, Unger and Weeks--9.
Absent: None.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Chafin's amendment to
the Judiciary committee amendment to the bill (Eng. Com. Sub. for
H. B. No. 4211) adopted.
The question now being on the adoption of the Judiciary
committee amendment to the bill, as amended, the same was put and
prevailed.
The bill (Eng. Com. Sub. for H. B. No. 4211), as amended, was
then ordered to third reading.
Eng. House Bill No. 4248, Continuing the office of
environmental advocate.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4280, Making available to retired
participants in PEIA the optional dental, vision, and audiology and
hearing-aid services insurance plans that are available to current
participants.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on Banking and Insurance, was reported by the Clerk:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §5-16-15 and §5-16-23 of the code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-15. Optional dental, optical, disability and prepaid
retirement plan and audiology and hearing-aid service plan.
On and after the first day of July, one thousand nine hundred
eighty-nine, the director shall make available to participants in
the public employees insurance system: (1) A dental insurance
plan; (2) an optical insurance plan; (3) a disability insurance
plan; (4) a prepaid retirement insurance plan; and (5) an audiology
and hearing-aid services insurance plan. Public employees
insurance participants may elect to participate in any one of these
plans separately or in combination. Notwithstanding anything in
this article to the contrary, all actuarial and administrative
costs of each plan shall be totally borne by the premium payments
of the participants or local governing bodies electing to
participate in that plan. The director is authorized to employ
such administrative practices and procedures with respect to these
optional plans as are authorized for the administration of other
plans under this article. The director shall establish separate
funds: (1) For deposit of dental insurance premiums and payment of
dental insurance claims; (2) for deposit of optical insurance
premium payments and payment of optical insurance claims; (3) for deposit of disability insurance premium payments and payment of
disability insurance claims; and (4) for deposit of audiology and
hearing-aid service insurance premiums and payment of audiology and
hearing-aid insurance claims. Such funds shall not be supplemented
by nor be used to supplement any other funds. Notwithstanding any
provision in this article to the contrary, the director may make
available to retired employee participants the optional dental,
optical and audiology and hearing-aid services insurance plans
available to employee participants under the provisions of this
section.
§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 be covered by any insurance plan
or plans authorized hereunder for state officers and employees
except that all members of the Legislature who elect to participate
in or to be covered by any such plan or plans shall pay their
proportionate individual share of the full cost for all group
coverage on themselves and their spouses and dependents, so that
there will be no cost to the state for the coverage of any such
members, spouses and dependents by paying the same employee share
of the cost for all group coverage for themselves and their spouses
and dependents as state officers and employees pay.
The following amendments to the Banking and Insurance
committee amendment to the bill (Eng. H. B. No. 4280), from the Committee on Finance, were reported by the Clerk, considered
simultaneously, and adopted:
On page one, section fifteen, lines seven and eight, by
striking out the words "On and after the first day of July, one
thousand nine hundred eighty-nine, the" and inserting in lieu
thereof the word "The";
On page one, section fifteen, line eighteen, by striking out
the words "is authorized to" and inserting in lieu thereof the word
"may";
On page one, section fifteen, line nineteen, by striking out
the word "such" and inserting in lieu thereof the word "the";
On page two, section fifteen, line one, by striking out the
word "as" and inserting in lieu thereof the word "that";
And,
On page two, section fifteen, line nine, by striking out the
word "Such" and inserting in lieu thereof the word "The".
The question now being on the adoption of the Banking and
Insurance committee amendment to the bill, as amended, the same was
put and prevailed.
The bill (Eng. H. B. No. 4280), as amended, was then ordered
to third reading.
Eng. Com. Sub. for House Bill No. 4294, Removing the
requirement that funds expended from the worthless check fund to
pay for additional deputy clerks be proportionate to the time
expended on worthless check cases.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4299, Modifying the West
Virginia contractor licensing act and updating certain terms.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Energy, Industry and Mining, was reported by the Clerk and adopted:
On page fifteen, section thirteen, lines twelve through
sixteen, by striking out all of subdivision (3) and inserting in
lieu thereof a new subdivision (3), to read as follows:
(3) Within thirty days after receipt of the final order issued
pursuant to this section, any party adversely affected by the order
may appeal the order to the circuit court of Kanawha County, West
Virginia, or to the circuit court of the county in which the
petitioner resides or does business.
The bill (Eng. Com. Sub. for H. B. No. 4299), as amended, was
then ordered to third reading.
Eng. House Bill No. 4304, Continuing the children's health
insurance board.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4350, Continuing the West Virginia state
police.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4411, Changing certain reporting requirements in the West Virginia workforce investment act.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4415, Giving the state auditor flexibility
in determining when to conduct audits on local government offices.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4451, Clarifying that the economic
development authority and tax commissioner are authorized to
require certain examination and compliance actions.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4479, Continuing the department of health
and human resources.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4491, Relating to mine
inspectors and instructors employed by the office of miners'
health, safety and training.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Energy, Industry and Mining, were reported by the Clerk, considered
simultaneously, and adopted:
On page eight, section nine, line fifty-eight, after the word
"of" by inserting the word "their";
On page twelve, section twelve, line twelve, after the word
"years" by inserting the words "of which have been";
On page sixteen, section twelve, lines seventy-nine and
eighty, by striking out the words "his or her" and inserting in
lieu thereof the word "the";
And,
On page nineteen, section thirteen, line ten, after the word
"years" by inserting the words "of which have been".
The bill (Eng. Com. Sub. for H. B. No. 4491), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4517, Finding and declaring
certain claims against the state and its agencies to be moral
obligations of the state and directing the auditor to issue
warrants for the payment thereof.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4530, Continuing the meat and poultry
inspection program.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4559, Providing urban mass
transportation authorities expanded competitive procurement
procedures for the purchase of supplies, equipment and materials.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4623, Repealing the section of the code relating to expenditure of excess in collections upon approval of
governor.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4627, Honoring academic performance of
West Virginians graduating from U.S. military academies.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4649, Providing for greater
efforts for instate placement of children in the custody of the
Department of Health and Human Services.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Kessler, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's first reading calendar.
Eng. House Bill No. 4672, Relating to calculation of workers'
compensation premiums for members of limited liability companies.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Eng. Com. Sub. for House Bill No. 4006, Increasing the vendor
registration fee per fiscal year with a limited waiver provided.
Having been removed from the Senate first reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 4068, Allowing the hunting of coyotes by use of amber colored artificial light with certain restrictions.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The end of today's first reading calendar having been reached,
the Senate returned to the consideration of
Eng. Com. Sub. for House Bill No. 4649, Providing for greater
efforts for instate placement of children in the custody of the
Department of Health and Human Services.
On second reading, coming up in deferred order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §49-5D-2, §49-5D-3 and §49-5D-3a of the code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 5D. MULTIDISCIPLINARY TEAMS.
§49-5D-2. Multidisciplinary investigative teams; establishment;
procedures; coordination between agencies.
(a) The prosecuting attorney shall establish a
multidisciplinary investigative team in each county. The
multidisciplinary team shall be headed and directed by the
prosecuting attorney and shall include as permanent members the
prosecuting attorney or his or her designee, a local child
protective services caseworker from the department of health and human resources, and a local law-enforcement officer employed by a
law-enforcement agency in the county and, where appropriate to the
particular case under consideration and available, a child advocacy
center representative and a representative from the licensed
domestic violence program serving the county. The department of
health and human resources and any local law-enforcement agency or
agencies selected by the prosecuting attorney shall appoint their
representatives to the team by submitting a written designation of
the team to the prosecuting attorney of each county within thirty
days of the prosecutor's request that the appointment be made.
Within fifteen days of the appointment, the prosecuting attorney
shall notify the chief judge of each circuit within which the
county is situated of the names of the representatives so
appointed. Any other person or any other appointee of an agency
who may contribute to the team's efforts to assist a minor child as
may be determined by the permanent members of the team may also be
appointed as a member of the team by the prosecutor with
notification to the chief judge.
(b) Any permanent member of the multidisciplinary
investigative team shall refer all cases of accidental death of any
child reported to their agency and all cases when a child dies
while in the custody of the state for investigation and review by
the team. The multidisciplinary investigative team shall meet at
regular intervals at least once every calendar month.
(c) The investigative team shall be responsible for
coordinating or cooperating in the initial and ongoing investigation of all civil and criminal allegations pertinent to
cases involving child sexual assault, child sexual abuse, child
abuse and neglect, and shall make a recommendation to the county
prosecuting attorney as to the initiation or commencement of a
civil petition and/or criminal prosecution.
(d) State, county and local agencies shall provide the
multidisciplinary investigative team with any information requested
in writing by the team as allowable by law or upon receipt of a
certified copy of the circuit court's order directing said agencies
to release information in its possession relating to the child.
The team shall assure that all information received and developed
in connection with the provisions of this article remains
confidential. For purposes of this section, the term
"confidential" shall be construed in accordance with the provisions
of section one, article seven of this chapter.
§49-5D-3. Multidisciplinary treatment planning process.
(a) (1) On or before the first day of January, one thousand
nine hundred ninety-five, a A multidisciplinary treatment planning
process shall be established within each county of the state,
either separately or in conjunction with a contiguous county by the
secretary of the department with advice and assistance from the
prosecutor's advisory council as set forth in section four, article
four, chapter seven of this code.
(2) Treatment teams shall assess, plan and implement a
comprehensive, individualized service plan for children who are
victims of abuse or neglect and their families when a judicial proceeding has been initiated involving the child or children for
juveniles and their families involved in status offense or
delinquency proceedings when, in a status offense proceeding, the
court refers the juvenile for services pursuant to sections eleven
and eleven-a, article five of this chapter and when, in a
delinquency proceeding, the court is considering placing the
juvenile in the department's custody or placing the juvenile
out-of-home at the department's expense pursuant to the provisions
of section thirteen of said article. In any such status offense or
delinquency case, the juvenile probation officer shall notify the
local office of the department of health and human resources and
the division of juvenile services at least five working days before
the court proceeding in order to allow the multidisciplinary
treatment team to convene and develop a comprehensive
individualized service plan for the child: Provided, That such
notice is not required in cases where the child is already in state
custody or there exist exigent circumstances which justify taking
the child immediately into custody without a judicial proceeding.
In developing an individualized service plan for a child, the team
shall utilize a uniform comprehensive assessment of the child. The
department shall adopt a standard uniform comprehensive assessment
instrument or protocol to be used by treatment teams.
(3) Prior to disposition, in each case in which a treatment
planning team has been convened, the team shall advise the court as
to the types of services the team has determined are needed and the
type of placement, if any, which will best serve the needs of the child. If the team determines that an out-of-home placement will
best serve the needs of the child, the team shall first consider
placement at facilities or programs located within the state. The
team may only recommend placement in an out-of-state facility if it
concludes, after considering the best interests and overall needs
of the child, that there are no available and suitable in-state
facilities which can satisfactorily meet the specific needs of the
child.
(b) Each treatment team shall be convened and directed by the
child's or family's case manager. The treatment team shall consist
of the child's custodial parent or parents, guardian or guardians,
other immediate family members, the attorney or attorneys
representing the child, the parent or parents of the child, the
child's attorney, the guardian ad litem, if any, the prosecuting
attorney or his or her designee and, where appropriate to the
particular case under consideration and available, a court-
appointed special advocate, an appropriate school official and any
other person or an agency representative who may assist in
providing recommendations for the particular needs of the child and
family. The child may participate in multidisciplinary treatment
team meetings if such is deemed appropriate by the
multidisciplinary treatment team. For purposes of delinquency
proceedings, the juvenile probation officer shall be a member of
the treatment team.
(c) The treatment team shall coordinate its activities and
membership with local family resource networks and coordinate with other local and regional child and family service planning
committees to assure the efficient planning and delivery of child
and family services on a local and regional level.
(d) State, county and local agencies shall provide the
multidisciplinary treatment teams with any information requested in
writing by the team as allowable by law or upon receipt of a
certified copy of the circuit court's order directing said agencies
to release information in its possession relating to the child.
The team shall assure that all information received and developed
in connection with the provisions of this article remain
confidential. For purposes of this section, the term
"confidential" shall be construed in accordance with the provisions
of section one, article seven of this chapter.
§49-5D-3a. Recommendation of team to the court; hearing
requirement; required findings.
(a) In any case in which a multidisciplinary treatment team
develops an individualized service plan for a child pursuant to the
provisions of section three of this article, the court shall review
the proposed service plan to determine if implementation of the
plan is in the child's best interests. If the multidisciplinary
team cannot agree on a plan or if the court determines not to adopt
the team's recommendations, it shall, upon motion or sua sponte,
schedule and hold within ten days of such determination, and prior
to the entry of an order placing the child in the custody of the
department or in an out-of-home setting, a hearing to consider
evidence from the team as to its rationale for the proposed service plan. If, after a hearing held pursuant to the provisions of this
section, the court does not adopt the teams's recommended service
plan, it shall make specific written findings as to why the team's
recommended service plan was not adopted.
(b) In any case in which the court decides to order the child
placed in an out-of-state facility or program it shall set forth in
the order directing the placement the reasons why the child was not
placed in an in-state facility or program.
The bill (Eng. Com. Sub. for H. B. No. 4649), as amended, was
then ordered to third reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 86 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study establishing a home- or community-
based long-term service and support program for disabled persons.
Whereas, Disabilities in no way diminish a person's right to
live independently or, with support in the most integrated setting,
to enjoy self-determination and consumer-directed services, to make
choices, to contribute to society and to enjoy full inclusion and
integration in the mainstream of American society; and
Whereas, Individuals with disabilities who need long-term
services and support prefer to receive these services in home-based
and community-based settings rather than in institutions and
nursing homes; and
Whereas, Due to funding biases, many of these individuals are
forced to live in unnecessarily segregated institutional settings
in order to receive long-term medical service and support; and
Whereas, The United States Supreme Court has ruled in Olmstead
v. L. C., 1195 U. S. S. Ct. 2176 (1999) that persons with
disabilities have the right to live in the most integrated setting
appropriate to each person's needs and each state must ensure that
basic civil right to citizens with disabilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study establishing a home- or community-based long-
term service and support program for disabled persons; and, be it
Further Resolved, That the Joint Committee on Government and
Finance consult with the Department of Health and Human Resources
and representatives of individuals with disabilities to develop
this program, including, but not limited to, eligibility criteria,
program oversight, mechanism to ensure proper funding and program
components; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, Senator Fanning addressed the Senate regarding State Parks
Day at the Legislature.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.