WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
FIFTY-SEVENTH DAY
____________
Charleston, W. Va., Wednesday, March 10, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Michael Wamsley,
Pentecostal Church of God, Hendricks, West Virginia.
Andrew Boley, the grandson of the Honorable Donna J. Boley, a
senator from the third district, proceeded in the singing of
"You're a Grand Old Flag".
Pending the reading of the Journal of Tuesday, March 9, 2004,
On motion of Senator Plymale, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Tomblin (Mr. President) presented a communication from
the Department of Health and Human Resources, submitting its Sudden
Infant Death Syndrome Program quarterly report as required by
chapter sixteen, article one, section six of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Education and State Employees Grievance Board, submitting its
annual report, in accordance with chapter eighteen, article twenty-
nine, section five of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Supreme Court of Appeals, submitting its report on the
legislative changes made to the mental hygiene judicial process as
required by chapter twenty-seven, article five, section two of the
code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 563, Relating to public employees
retirement act.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the provisions of Engrossed
House Bill No. 4563;
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 563--A Bill to amend and reenact §5-10-2,
§5-10-17, §5-10-21, §5-10-23, §5-10-26, §5-10-27 and §5-10-44 of
the code of West Virginia, 1931, as amended, all relating to the
public employees retirement system; rights of members to select a
plan beneficiary; requiring annual physician review and annual
statement of earnings from those persons receiving disability
retirement payments; providing that interest is to be included in
the calculation of terminal benefits payable as the result of death
of retired participants; alphabetizing definitions; defining
service credit for certain employees; increasing look back period
in definition of final average salary; adding definitions of
"accumulated net benefit" and "employer error"; providing guidance
on correcting employer errors and making technical corrections.
On motion of Senator Jenkins, the following amendment to the
House of Delegates amendments to the bill was reported by the Clerk
and adopted:
On page two, by striking out everything after the article heading and inserting in lieu thereof the following:
§5-10-2. Definitions.
Unless a different meaning is clearly indicated by the
context, the following words and phrases as used in this article,
have the following meanings:
(1) "Accumulated contributions" means the sum of all amounts
deducted from the compensations of a member and credited to his or
her individual account in the members' deposit fund, together with
regular interest on the contributions;
(2) "Accumulated net benefit" means the aggregate amount of
all benefits paid to or on behalf of a retired member;
(3) "Actuarial equivalent" means a benefit of equal value
computed upon the basis of a mortality table and regular interest
adopted by the board of trustees from time to time;
(4) "Annuity" means an annual amount payable by the retirement
system throughout the life of a person. All annuities shall be
paid in equal monthly installments using the upper cent for any
fraction of a cent;
(5) "Annuity reserve" means the present value of all payments
to be made to a retirant or beneficiary of a retirant on account of
any annuity, computed upon the basis of mortality and other tables
of experience, and regular interest, adopted by the board of
trustees from time to time;
(6) "Beneficiary" means any person, except a retirant, who is entitled to, or will be entitled to, an annuity or other benefit
payable by the retirement system;
(7) "Board of trustees" or "board" means the board of trustees
of the West Virginia public employees retirement system;
(8) "Compensation" means the remuneration paid a member by a
participating public employer for personal services rendered by him
or her to the participating public employer. In the event a
member's remuneration is not all paid in money, his or her
participating public employer shall fix the value of the portion of
his or her remuneration which is not paid in money;
(9) "Contributing service" means service rendered by a member
within this state and for which the member made contributions to a
public retirement system account of this state to the extent
credited him or her as provided by this article. This revised
definition is retroactive and applicable to the first day of April,
one thousand nine hundred eighty-eight, and thereafter;
(10) "Credited service" means the sum of a member's prior
service credit, military service credit and contributing service
credit standing to his or her credit as provided in this article;
(11) "Employee" means any person who serves regularly as an
officer or employee, full time, on a salary basis, whose tenure is
not restricted as to temporary or provisional appointment, in the
service of, and whose compensation is payable, in whole or in part,
by any political subdivision, or an officer or employee whose compensation is calculated on a daily basis and paid monthly or on
completion of assignment, including technicians and other personnel
employed by the West Virginia national guard whose compensation, in
whole or in part, is paid by the federal government: Provided,
That members of the Legislature, the clerk of the House of
Delegates, the clerk of the Senate, employees of the Legislature
whose term of employment is otherwise classified as temporary and
who are employed to perform services required by the Legislature
for its regular sessions or during the interim between regular
sessions and who have been or are employed during regular sessions
or during the interim between regular sessions in seven consecutive
calendar years, as certified by the clerk of the house in which the
employee served, members of the legislative body of any political
subdivision and judges of the state court of claims are considered
to be employees receiving one year of service credit for each one
year term served and prorated service credit for any partial term
served, any thing contained in this article to the contrary
notwithstanding. In any case of doubt as to who is an employee
within the meaning of this article, the board of trustees shall
decide the question;
(12) "Employer error" means an omission, misrepresentation or
violation of relevant provisions of the West Virginia code and/or
West Virginia code of state regulations by the participating public
employer that has resulted in an underpayment or overpayment of contributions required. A deliberate act contrary to the
provisions of this section by a participating public employer shall
not constitute employer error;
(13) "Final average salary" means either:
(A) The average of the highest annual compensation received by
a member (including a member of the Legislature who participates in
the retirement system in the year one thousand nine hundred
seventy-one or thereafter) during any period of three consecutive
years of the member's credited service contained within his or her
fifteen years of credited service immediately preceding the date of
last termination of employment with a participating public
employer; or
(B) If the member has less than five years of credited
service, the average of the annual rate of compensation received by
him or her during the member's total years of credited service; and
in determining the annual compensation, under either this paragraph
or paragraph (A) of this subdivision, of a member of the
Legislature who participates in the retirement system as a member
of the Legislature in the year one thousand nine hundred
seventy-one or in any year thereafter, his or her actual
legislative compensation (the total of all compensation paid under
sections two, three, four and five, article two-a, chapter four of
this code) in the year one thousand nine hundred seventy-one or in
any year thereafter, plus any other compensation he or she receives in any year from any other participating public employer including
the state of West Virginia, without any multiple in excess of one
times his or her actual legislative compensation and other
compensation, shall be used: Provided, That "final average salary"
for any former member of the Legislature or for any member of the
Legislature in the year one thousand nine hundred seventy-one who,
in either event, was a member of the Legislature on the thirtieth
day of November, one thousand nine hundred sixty-eight, or the
thirtieth day of November, one thousand nine hundred sixty-nine, or
the thirtieth day of November, one thousand nine hundred seventy,
or on the thirtieth day of November in any one or more of those
three years and who participated in the retirement system as a
member of the Legislature in any one or more of those years means:
(i) Either (notwithstanding the provisions of this subdivision
preceding this proviso) one thousand five hundred dollars
multiplied by eight, plus the highest other compensation the former
member or member received in any one of the three years from any
other participating public employer including the state of West
Virginia; or (ii) "final average salary" determined in accordance
with this paragraph or paragraph (A) of this subdivision, whichever
computation produces the higher final average salary (and in
determining the annual compensation under subparagraph (ii) of this
paragraph, the legislative compensation of the former member shall
be computed on the basis of one thousand five hundred dollars multiplied by eight, and the legislative compensation of the member
shall be computed on the basis set forth in the provisions of this
subdivision immediately preceding this proviso or on the basis of
one thousand five hundred dollars multiplied by eight, whichever
computation as to the member produces the higher annual
compensation);
(14) "Internal Revenue Code" means the Internal Revenue Code
of 1986, as amended;
(15) "Limited credited service" means service by employees of
the West Virginia educational broadcasting authority, in the
employment of West Virginia university, during a period when the
employee made contributions to another retirement system, as
required by West Virginia university, and did not make
contributions to the public employees retirement system: Provided,
That while limited credited service can be used for the formula set
forth in subsection (e), section twenty-one of this article, it may
not be used to increase benefits calculated under section
twenty-two of this article;
(16) "Member" means any person who is included in the
membership of the retirement system;
(17) "Participating public employer" means the state of West
Virginia, any board, commission, department, institution or
spending unit and includes any agency created by rule of the
supreme court of appeals having full-time employees, which for the purposes of this article is considered a department of state
government; and any political subdivision in the state which has
elected to cover its employees, as defined in this article, under
the West Virginia public employees retirement system;
(18) "Plan year" means the same as referenced in section
forty-two of this article;
(19) "Political subdivision" means the state of West Virginia,
a county, city or town in the state; a school corporation or
corporate unit; any separate corporation or instrumentality
established by one or more counties, cities or towns, as permitted
by law; any corporation or instrumentality supported in most part
by counties, cities or towns; and any public corporation charged by
law with the performance of a governmental function and whose
jurisdiction is coextensive with one or more counties, cities or
towns: Provided, That any mental health agency participating in
the public employees retirement system before the first day of
July, one thousand nine hundred ninety-seven, is considered a
political subdivision solely for the purpose of permitting those
employees who are members of the public employees retirement system
to remain members and continue to participate in the retirement
system at their option after the first day of July, one thousand
nine hundred ninety-seven: Provided, however, That the regional
community policing institute which participated in the public
employees retirement system before the first day of July, two thousand, is considered a political subdivision solely for the
purpose of permitting those employees who are members of the public
employees retirement system to remain members and continue to
participate in the public employees retirement system after the
first day of July, two thousand;
(20) "Prior service" means service rendered prior to the first
day of July, one thousand nine hundred sixty-one, to the extent
credited a member as provided in this article;
(21) "Regular interest" means the rate or rates of interest
per annum, compounded annually, as the board of trustees adopts
from time to time;
(22) "Required beginning date" means the first day of April of
the calendar year following the later of: (A) The calendar year in
which the member attains age seventy and one-half; or (B) the
calendar year in which the member ceases providing service covered
under this system to a participating employer;
(23) "Retirant" means any member who retires with an annuity
payable by the retirement system;
(24) "Retirement" means a member's withdrawal from the employ
of a participating public employer with an annuity payable by the
retirement system;
(25) "Retirement system" or "system" means the West Virginia
public employees retirement system created and established by this
article;
(26) "Retroactive service" means: (A) Service from the first
day of July, one thousand nine hundred sixty-one, and the date an
employer decides to become a participating member of the public
employees retirement system; or (B) service prior to the first day
of July, one thousand nine hundred sixty-one, for which the
employee is not entitled to prior service at no cost in accordance
with 162 CSR 5.13; or (C) service of any member of a legislative
body or employees of the state Legislature whose term of employment
is otherwise classified as temporary for which the employee is
eligible, but which the employee did not elect to participate at
that time;
(27) "Service" means personal service rendered to a
participating public employer by an employee, as defined in this
article, of a participating public employer; and
(28) "State" means the state of West Virginia.
§5-10-17. Retirement system membership.
The membership of the retirement system consists of the
following persons:
(a) All employees, as defined in section two of this article,
who are in the employ of a political subdivision the day preceding
the date it becomes a participating public employer and who
continue in the employ of the participating public employer on and
after that date shall become members of the retirement system; and
all persons who become employees of a participating public employer on or after that date shall thereupon become members of the system;
except as provided in subdivisions (b) and (c) of this section.
(b) The membership of the retirement system shall may not
include any person who is a an active contributing member of, or
who has been retired by, any of the state teachers retirement
systems, the judges retirement system, the retirement system of the
division of public safety West Virginia state police death,
disability and retirement fund, the West Virginia state police
retirement system, the deputy sheriff retirement system or any
municipal retirement system for either, or both, policemen or
firemen; and the bureau of employment programs, by the commissioner
of the bureau, may elect whether its employees will accept coverage
under this article or be covered under the authorization of a
separate enactment: Provided, That the exclusions of membership
shall may not apply to any member of the state Legislature, the
clerk of the House of Delegates, the clerk of the state Senate or
to any member of the legislative body of any political subdivision
provided he or she once becomes a contributing member of the
retirement system: Provided, however, That any retired member of
the retirement system of the division of public safety West
Virginia state police death, disability and retirement fund, the
West Virginia state police retirement system, the deputy sheriff
retirement system and any retired member of any municipal
retirement system for either, or both, policemen or firemen may on and after the effective date of this section become a member of the
retirement system as provided in this article, without receiving
credit for prior service as a municipal policeman or fireman or as
a member of the division of public safety West Virginia state
police death, disability and retirement fund, the West Virginia
state police retirement system or of the deputy sheriff retirement
system: Provided further, That the membership of the retirement
system does not include any person who becomes employed by the
Prestera center for mental health services, valley comprehensive
mental health center, Westbrook health services or eastern
panhandle mental health center on or after the first day of July,
one thousand nine hundred ninety-seven: And provided further, That
membership of the retirement system does not include any person who
becomes a member of the federal railroad retirement act on or after
the first day of July, two thousand.
(c) Any member of the state Legislature, the clerk of the
House of Delegates, the clerk of the state Senate and any employee
of the state Legislature whose employment is otherwise classified
as temporary and who is employed to perform services required by
the Legislature for its regular sessions or during the interim
between regular sessions and who has been or is so employed during
regular sessions or during the interim between sessions in seven
consecutive calendar years, as certified by the clerk of the house
in which the employee served, or any member of the legislative body of any other political subdivision shall become a member of the
retirement system provided he or she notifies the retirement system
in writing of his or her intention to be a member of the system and
files a membership enrollment form as prescribed by the board of
trustees, and each person, upon filing his or her written notice to
participate in the retirement system, shall by that act authorize
the clerk of the House of Delegates or the clerk of the state
Senate or such person or legislative agency as the legislative body
of any other political subdivision shall designate to deduct the
member's contribution, as provided in subsection (b), section
twenty-nine of this article, and after the deductions have been
made from the member's compensation, the deductions shall be
forwarded to the retirement system.
(d) If question arises regarding the membership status of any
employee, the board of trustees has the final power to decide the
question.
(e) Any individual who is a leased employee is not eligible to
participate in the system. For the purposes of this article, the
term "leased employee" means any individual who performs services
as an independent contractor or pursuant to an agreement with an
employee leasing organization or other similar organization. If a
question arises regarding the status of an individual as a leased
employee, the board has final authority to decide the question.
§5-10-21. Deferred retirement and early retirement.
(a) Any member who has five or more years of credited service
in force, of which at least three years are contributing service,
and who leaves the employ of a participating public employer prior
to his or her attaining age sixty years for any reason except his
or her disability retirement or death shall be entitled to an
annuity computed according to section twenty-two of this article as
that section was in force as of the date of his or her separation
from the employ of a participating public employer: Provided, That
he or she does not withdraw his or her accumulated contributions
from the members' deposit fund: Provided, however, That on and
after the first day of July, two thousand two, any person who
becomes a new member of this retirement system shall, in qualifying
for retirement hereunder, have five or more years of service, all
of which years shall be actual, contributory ones. His or her
annuity shall begin the first day of the calendar month next
following the month in which his or her application for same is
filed with the board of trustees on or after his or her attaining
age sixty-two years.
(b) Any member who qualifies for deferred retirement benefits
in accordance with subsection (a) of this section and has ten or
more years of credited service in force and who has attained age
fifty-five as of the date of his or her separation, may, prior to
the effective date of his or her retirement, but not thereafter,
elect to receive the actuarial equivalent of his or her deferred retirement annuity as a reduced annuity commencing on the first day
of any calendar month between his or her date of separation and his
or her attainment of age sixty-two years and payable throughout his
or her life.
(c) Any member who qualifies for deferred retirement benefits
in accordance with subsection (a) of this section and has twenty or
more years of credited service in force may elect to receive the
actuarial equivalent of his or her deferred retirement annuity as
a reduced annuity commencing on the first day of any calendar month
between his or her fifty-fifth birthday and his or her attainment
of age sixty-two years and payable throughout his or her life.
(d) Notwithstanding any of the other provisions of this
section or of this article, except sections twenty-seven-a and
twenty-seven-b of this article, and pursuant to rules promulgated
by the board, any member who has thirty or more years of credited
service in force, at least three of which are contributing service,
and who elects to take early retirement, which for the purposes of
this subsection means retirement prior to age sixty, whether an
active employee or a separated employee at the time of application,
shall be entitled to the full computation of annuity according to
section twenty-two of this article, as that section was in force as
of the date of retirement application, but with the reduced
actuarial equivalent of the annuity the member would have received
if his or her benefit had commenced at age sixty when he or she would have been entitled to full computation of benefit without any
reduction.
(e) Notwithstanding any of the other provisions of this
section or of this article, except sections twenty-seven-a and
twenty-seven-b of this article, any member of the retirement system
may retire with full pension rights, without reduction of benefits,
if he or she is at least fifty-five years of age and the sum of his
or her age plus years of contributing service and limited credited
service, as defined in section two of this article, equals or
exceeds eighty. An annuity shall begin the first day of the
calendar month next following the month in which application for
the annuity is filed with the board of trustees.
§5-10-23. Terminal payment following retirement.
For the purposes of this section, the term "accumulated net
benefit" means the aggregate amount of all benefits paid to or on
behalf of a member. This includes, without limitation: (a)
Benefits paid to the member as an annuity; (b) any lump sum
distributions paid to the member or to any other person on account
of the member's rights to benefits from the plan; (c) survivor
benefits paid to any person or persons on account of the member's
rights to benefits from the plan; and (d) any other distributions
on account of the member's rights to benefits from the plan whether
they are paid in the nature of a refund of contributions, interest
on contributions, lump sum distributions, or annuity type benefits. The amounts counted will be the amounts actually paid without
regard to any optional form of any annuity benefit.
For the purposes of this section, the term "accumulated
employee contributions" means all money the member has contributed
to the plan, whether the form of the contribution was after tax
deductions from wages, before tax deductions from wages, direct
remittance by the member to repay contributions and interest
previously distributed and direct remittance by the member to pay
imputed contributions for periods which were not subject to
contributions but may be counted for benefit purposes under the
plan. The term accumulated employee contributions does not include
any amount credited under the provisions of the plan as interest on
member contributions.
For the purposes of this section, the term "member's account"
means the excess of the accumulated employee contributions over the
accumulated net benefit payments at any point in time and the term
"member" includes retirant. (a) This section provides for the
payment of the balance in the a retired member's account in the
event that all claims to benefits payable to, or on behalf of, a
member expire before his or her member account has been fully
exhausted. The expiration of such rights to benefits would be on
the occasion of later of either the death of the retired member and
any and all beneficiaries who might have a claim to regular benefit
payments under the plan, for any form of benefit. Without limitation, this would include the demise of beneficiaries of
survivor annuities and beneficiaries of any lump sum distributions
drawing benefits under a straight life annuity or the death of a
survivor annuitant drawing benefits under any optional form of
benefit selected by the retired member.
(b) In the event that all claims to benefit benefits payable
to, or on behalf of, a retired member expire and the accumulated
employee contributions exceed his or her the accumulated net
benefit payments paid to or on behalf of the retired member, the
balance in the retired member's account shall be paid to the person
or persons as the member has nominated by the retired member by
written designation duly executed and filed with the board of
trustees. If there be is no designated person or persons surviving
the retired member following the expiration of claims, the excess
of the accumulated employee contributions over the accumulated net
benefit, if any, shall be paid to his or her the retired member's
estate: In no case may the plan retain any amount of the
accumulated employee contributions remaining in the member's
account, but it shall retain interest earned on the same
accumulated employee contributions in the instance of a member's or
beneficiary's post-retirement death Provided, That the provisions
of this section shall be retroactive for all members who entered
retirement status on or after the ninth day of June, two thousand.
§5-10-26. Reexamination of disability retirants; reemployment; adjustment of annuity for earnings.
(a) At least once each year during the first five years
following the retirement of a member on account of disability, as
provided in section twenty-five hereof, and at least once in each
three-year period thereafter, the board of trustees may, and upon
the retirant's application, shall require a disability retirant,
who has not attained age sixty years, to undergo a medical
examination to be made by or under the direction of a physician
designated by the board submit a statement from the disability
retirant's physician certifying continued disability and to submit
a copy of the disability retirant's income tax return from the
previous tax year. Should the said retirant refuse to submit to
such medical examination required documentation in any such period,
his the retirant's disability annuity may be discontinued by the
board until his withdrawal of such refusal the board receives the
required documentation. Should such refusal continue for one year,
all his the retirant's rights in and to his the annuity may be
revoked by the board. If, upon such medical examination of a
disability retirant, the said a physician reports to the board that
the retirant is physically able and capable of resuming employment
with a participating public employer, he the retirant shall be
returned to the employ of the participating public employer from
whose employment he or she retired and his or her disability
annuity shall terminate: Provided, That the report of the said physician is concurred in by the board concurs with the physician's
report.
(b) A disability retirant who is returned to the employ of a
participating public employer shall again become a member of the
retirement system and his or her credited service in force at the
time of his retirement shall be restored to his or her credit.
(c) If a disability retirant, who has not attained age sixty
years, becomes engaged in a gainful occupation, business or
employment, and the sum of his earnings from such occupation,
business or employment, and his disability annuity exceeds his
annual rate of compensation at the time of his retirement, his
disability annuity shall be reduced to an amount which when added
to the amount so earned by him shall equal his said annual rate of
compensation. If his earnings are later changed, his disability
annuity shall be correspondingly adjusted.
§5-10-27. Preretirement death annuities.
(a) In the event any member who has ten or more years of
credited service or any former member with ten or more years of
credited service and who is entitled to a deferred annuity,
pursuant to section twenty-one of this article: may at any time
prior to the effective date of his or her retirement, by written
declaration duly executed and filed with the board of trustees, in
the same manner as if he or she were then retiring from the employ
of a participating public employer, elect option A provided for in section twenty-four of this article and nominate a beneficiary whom
the board finds to have had an insurable interest in the life of
the member. Prior to the effective date of his or her retirement,
a member may revoke his or her election of option A and nomination
of beneficiary and he or she may again prior to his or her
retirement elect option A and nominate a beneficiary as provided in
this subsection. Upon the death of a member who has an option A
election in force, his or her beneficiary, if living, shall
immediately receive an annuity computed in the same manner in all
respects as if the same member had retired the day preceding the
date of his or her death, notwithstanding that he or she might not
have attained age sixty years, and elected the said option A. If
at the time of his or her retirement a member has an option A
election in force, his or her election of option A and nomination
of beneficiary shall thereafter continue in force (1) Dies without
leaving surviving him or her a spouse; but (2) leaves surviving him
or her a child who is financially dependent on the member by virtue
of a permanent mental or physical disability upon evidence
satisfactory to the board; and (3) has named such disabled child as
sole beneficiary, the disabled child shall immediately receive an
annuity computed in the same manner in all respects as if the said
member had: (i) Retired the day preceding the date of his or her
death, notwithstanding that he or she might not have attained age
sixty or sixty-two years, as the case may be; (ii) elected option A provided in section twenty-four of this article; and (iii)
nominated his or her disabled child as beneficiary. As an
alternative to annuity option A, A member or former member with ten
or more years of credited service who does not leave surviving him
or her a spouse or a disabled child may elect to have the
preretirement death benefit paid as a return of accumulated
contributions in a lump sum amount to any beneficiary or
beneficiaries he or she chooses.
(b) In the event any member who has ten or more years of
credited service, or any former member with ten or more years of
credited service and who is entitled to a deferred annuity,
pursuant to section twenty-one of this article: (1) Dies; and (2)
leaves a surviving spouse, the surviving spouse shall immediately
receive an annuity computed in the same manner in all respects as
if the said member had: (1) Retired the day preceding the date of
his or her death, notwithstanding that he or she might not have
attained age sixty or sixty-two years, as the case may be; (2)
elected option A provided for in section twenty-four of this
article; and (3) nominated his or her surviving spouse as
beneficiary. However, the surviving spouse shall have the right to
waive the annuity provided for in this section: Provided, That he
or she executes a valid and notarized waiver on a form provided by
the retirement board and that the member or former member attests
to the waiver. If the waiver is presented to and accepted by the retirement board, the member or former member shall may nominate,
a beneficiary who has an insurable interest in the member's or
former member's life upon evidence satisfactory to the board, a
child who is financially dependent on the member by virtue of a
permanent mental or physical disability under annuity option A. As
an alternative to annuity option A, the member or former member may
elect to have the preretirement death benefit paid as a return of
accumulated contributions in a lump sum amount to any beneficiary
or beneficiaries he or she chooses in the event a waiver, as
provided for in this section, has been presented to and accepted by
the retirement board.
(c) In the event any member who has ten or more years of
credited service or any former member with ten or more years of
credited service and who is entitled to a deferred annuity,
pursuant to section twenty-one of this article: (1) Dies without
leaving surviving him or her a spouse; but (2) leaves surviving him
or her an infant child or children; and (3) does not have a
beneficiary nominated as provided in subsection (a) of this
section, the infant child or children shall be entitled to an
annuity to be calculated as follows: The annuity reserve shall be
calculated as though the member had retired as of the date of his
or her decease and elected a straight life annuity and the amount
of the annuity reserve shall be paid in equal monthly installments
to said member's infant child or children until the child or children attain age twenty-one or sooner marry or become
emancipated; however, in no event shall any child or children
receive more than two hundred fifty dollars per month each. The
annuity payments shall be computed as of the date of the death of
the member and the amount of the annuity shall remain constant
during the period of payment. The annual amount of the annuities
payable by this section shall not exceed sixty percent of the
deceased member's final average salary.
(d) In the event any member or former member does not have ten
or more years of credited service, no preretirement death annuity
may be authorized, owed or awarded under this section.
§5-10-44. Correction of errors.
Should any change or employer error in the records of any
participating public employer or the retirement system result in
any person receiving from the system more or less than he the
person would have been entitled to receive had the records been
correct, the board of trustees shall correct such error the
records, and as far as is practicable shall adjust the payment of
the benefit in such manner that the actuarial equivalent of the
benefit to which such the person was correctly entitled shall be
paid. Any employer error resulting in an underpayment to the
retirement system may be corrected by the employee remitting the
required employee contribution and the participating public
employer remitting the required employer contribution. Interest shall accumulate in accordance with 162 CSR 7.4.1.2 and any
interest owed on the employee and employer contributions resulting
from employer error shall be the responsibility of the
participating public employer. The participating public employer
may remit total payment and the employee reimburse the
participating public employer through payroll deduction over a
period equivalent to the time period during which the employer
error occurred not to exceed two thousand dollars. The
participating public employer shall submit proof that employer
error was not willful, wanton or reckless.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Senate Bill No. 563, as amended, was then put upon
its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 563) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the appointment of a committee of
conference of five from each house on the disagreeing votes of the
two houses, as to
Eng. House Bill No. 4084, West Virginia Pharmaceutical
Availability and Affordability Act.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Campbell, Doyle, Foster, Perdue and Hall.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the appointment of a committee of
conference of three from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 4377, Assessing a penalty on
those physicians who fail to pay the special assessment.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Mahan, Brown and Ellem.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4523--A Bill to amend and reenact §19-23-
3, §19-23-9, §19-23-10, §19-23-13 and §19-23-13b of the code of
West Virginia, 1931, as amended, all relating to horse and dog
racing generally; defining certain terms; allowing a yearling horse
to be shipped from the state to obtain veterinary services without
losing its status as an accredited thoroughbred horse; authorizing
thoroughbred racetrack licensees to enter into agreements with
local horsemen's benevolent and protective association for payment
of up to two percent of purses actually paid for medical trusts for
backstretch personnel and administrative fees; allowing certain
racing associations or licensees qualifying for an alternate tax,
when conducting more than one racing performance a day, to increase
the number of races each performance may have to thirteen, before
it must pay both the daily license tax and the alternative tax;
requiring owners of accredited West Virginia whelped greyhounds to
be both bona fide residents of West Virginia and registered for
purposes of receiving funds from the greyhound breeding development
fund; establishing qualifications to be considered a bona fide
resident; establishing qualifications for considerations as an
accredited West Virginia whelped greyhound; providing breeding
requirements for mares participating in the West Virginia futurity;
and increasing the amount of restricted thoroughbred horse races in
certain circumstances.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
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. 44--Requesting the West
Virginia Legislature to review, examine and study the feasibility
and benefits of conducting classes for grades seven through twelve
in the constitutions of the State of West Virginia and the United
States.
Whereas, The basic rights of all citizens of this country are
embodied in the constitutions of their states of residence and of
the United States; and
Whereas, There exists in the history of the creation of the
United States constitution an abundance of information regarding
the development of our system of laws and civil liberties; and
Whereas, We are also citizens of the world and, as such, are
constantly reminded of the freedoms we enjoy in comparing our lives
to those millions of people in other countries where they must live
in poverty and subjugation; and
Whereas, A well-rounded knowledge and understanding of our
constitutions operates to protect our liberties and be mindful of
the need for democratic systems in other parts of the world;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature is hereby requested to conduct a study of
the needs, benefits and economic feasibility of providing courses
about our State and national constitutions in grades seven through
twelve; therefore, be it
Further Resolved, That the Joint Committee on Government and
Finance, or such other committee as the house finds appropriate,
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 prepare a
report and to draft necessary legislation be paid from legislative
appropriations to the proper committee.
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. 51--Directing the Joint
Committee on Government and Finance to make a study on the
regulation of athletic and other extracurricular activities by the
Secondary School Activities Commission.
Whereas, County boards of education are granted and are
require to exercise control, supervision and regulation of all
interscholastic athletic events and other extracurricular activities for the students of their respective counties; and
Whereas, County boards are also authorized to delegate and do
delegate such control, supervision and regulation to the Secondary
School Activities Commission in accordance with §18-2-25 of the
Code of West Virginia, 1931, as amended; and
Whereas, Questions have been asked about the effect of this
delegation on: (1) Providing equal opportunities for students to
have appropriate access to participation in regulated activities;
(2) achieving parity among schools in the activities available for
students; (3) the amount of paperwork and reporting required of the
schools and counties; (4) the amount of time consumed by
principals, teachers and other school personnel officials on
administration, appeals, clinics and other meetings required for
participation; (5) appropriate financial management and fiscal
accounting; (6) the review and approval of administrative rules;
and (7) the procedures for appeals of decisions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
directed to make a study on the regulation of athletic and other
extracurricular activities by the Secondary School Activities
Commission that addresses these questions and any others that may
arise in the course of the study; and be it
Further Resolved, That the said Joint Committee on Government
and Finance shall conduct the study and prepare a report of its findings, conclusions and recommendations, together with drafts of
any legislation necessary to effectuate its recommendations; and be
it
Further Resolved, That the Joint Committee on Government and
Finance 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 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. 57--Expressing the full
support of the West Virginia Legislature for the Republic of China
on Taiwan to be permitted to appropriate and meaningful
participation in activities of the World Health Organization.
Whereas, The Republic of China on Taiwan's achievements in the
field of health are substantial, including one of the highest life
expectancy levels in Asia, maternal and infant mortality rates
comparable to those of western countries, the eradication of the infectious diseases of cholera, smallpox and the plague, and being
the first Asian nation to eradicate polio and the first country in
the world to provide children with free hepatitis B vaccinations;
and
Whereas, The United States Centers for Disease Control and
Prevention and its Taiwanese counterpart have enjoyed close
collaboration on a wide range of public health issues; and
Whereas, In recent years Taiwan has expressed a willingness to
financially and technically assist the international aid and health
activities supported by the World Health Organization; and
Whereas, Taiwan's population of 23 million people is larger
than that of 75 percent of the World Health Organization member
states; and
Whereas, The United States, in the 1994 Taiwan Policy Review,
declared its intention to support Taiwan's participation in
appropriate international organizations; and
Whereas, Taiwan's participation in the activities of the World
Health Organization could bring many benefits to the state of
health not only in Taiwan but also regionally and globally;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of West Virginia strongly urges that the
Republic of China in Taiwan be permitted to appropriate and
meaningful participation in the activities of the World Health Organization; and, be it
Further Resolved, That suitably prepared copies of this
resolution be sent to the President of the United States, the West
Virginia congressional delegation, the representative of the Taipei
Economic and Cultural Office in Washington, D.C., and the World
Health Organization.
At the request of Senator Chafin, and by unanimous consent,
reference of the resolution to a committee was dispensed with and
it was taken up for immediate consideration.
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.
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. 58--Requesting the Division of
Highways to name the new Watson Bridge, over the West Fork River on
U. S. Route 250 in Fairmont, Marion County, West Virginia, the "Jim
Costello Memorial Bridge".
Whereas, Jim Costello was born in Monongah, Marion County,
June 26, 1923, one of seven children, the son of John Costello, a
coal miner, and Amanda Dee Swisher Costello, a midwife; and he
passed away on June 7, 2002, leaving a wife, Evelyn Muto Costello, a daughter and son-in-law, Diane and Marc Cervo, son and
daughter-in-law, Pat and Jenni Costello, a sister, Margaret
Biafore, four grandchildren, Cara Hose and her husband, Steve Hose,
Ryan, Brett and Jessica Costello; and
Whereas, Jim Costello served in the United States Navy during
World War II and saw action in the South Pacific Theatre on a PT
boat. He also worked as a coal miner and completed 35 years of
service at the Owen-Illinois Glass Plant serving as President of
Local Union No. 109; and
Whereas, Jim Costello served as a supervisor for the West
Virginia Department of Highways; and during that time, he was
instrumental in overseeing many projects for Marion County. He
oversaw the removal of the dangerous curve at Dakota and the
replacement of the current Watson Bridge structure in addition to
many other highway projects; and
Whereas, Jim Costello was a strong Democrat and was involved
with the Democratic Party serving on the executive committee and as
precinct captain. He was the Marion County coordinator of several
gubernatorial campaigns and was honored in 1997 as the Democrat of
the Year in Marion County; and
Whereas, It is fitting that the Watson Bridge be named for
this true West Virginian who dedicated his life to improving Marion
County and this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the new Watson Bridge over the West Fork River on U. S.
Route 250 in Fairmont, Marion County, West Virginia, the "Jim
Costello Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways provide and
erect signs at either end of the bridge displaying the name "Jim
Costello Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Secretary of the Department of Transportation and to the family of
Jim Costello.
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. 59--Requesting the Joint
Committee on Government and Finance study the feasibility of
utilizing juvenile detention centers at various locations across
the state of West Virginia for the purpose of providing alternative
education opportunities for those students for whom alternative
education opportunities have been mandated.
Whereas, Alternative education opportunities are mandated for
many students in West Virginia schools for the purpose of allowing
students under disciplinary sanction to continue their education in controlled and safe settings; and
Whereas, There are a number of modern and professionally
administered juvenile detention centers located throughout the
state; and
Whereas, Several of these juvenile centers are located in such
proximity to schools and residential areas in their respective
counties to permit practical transport of those students enrolled
in local alternative education programs to these centers; and
Whereas, The potential cost efficiency and safety benefits to
the county school systems, the students involved and the local
communities may prove to be considerable and warrant further study;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility, legality and fiscal
ramifications of utilizing juvenile detention centers to house
local alternative education programs where practicable; 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
Com. Sub. for House Concurrent Resolution No. 60--Requesting
the West Virginia Division of Highways to designate Route 19/25
near Sutton, Braxton County, West Virginia, between the junction of
Route 19/40 and Route 7/7 as "Tiffany Jackson Drive" in memory and
honor of Tiffany Elaine Jackson.
Whereas, Tiffany Elaine Jackson, was born June 27, 1990, the
daughter of Jim and Teresa Jackson, and the sister of Tyler
Jackson, age 16, of Gassaway, West Virginia; and
Whereas, Tiffany was an 8th grader at Braxton Middle School
where she was an honor student, cheerleader and band member; and
Whereas, Tiffany had a passion for animals, especially the
horses that she owned, and had ambitions of being a professional
rider, and in becoming a veterinarian working at the soon-to-be
animal shelter near Sutton in Braxton County; and
Whereas, Tiffany, an experienced equestrian, had grown up
around horses, owning several and winning numerous trophies and
ribbons; and
Whereas, Tiffany passed away on November 11, 2003, at the tender age of thirteen. She died in a tragic accident while riding
her new horse, a Tennessee Walker named "Red".
Whereas, Although Tiffany left this life unexpectedly at an
early age, leaving behind numerous relatives, friends and fellow
horse lovers, as well as the animals that adored her, she shall
always be remembered for the smiles she brought and the animals she
endeared; and
Whereas, One of Tiffany's favorite quotes was from William
Shakespeare that epitomized her zest for life and fondness of
animals, "Oh, for a horse with wings!"; and
Whereas, The members of the Legislature want to send their
heartfelt sympathies to Tiffany's family, and honor her life by
naming a portion of Route 19/25 after her because Route 19/25 is
the road that leads to the new animal shelter where Tiffany desired
to work; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature request the West Virginia
Division of Highways to designate Route 19/25 near Sutton, Braxton
County, West Virginia, between the junction of Route 19/40 and
Route 7/7 as "Tiffany Jackson Drive" in memory and honor of Tiffany
Elaine Jackson; and, be it
Further Resolved, That the West Virginia Division of Highways
provide and erect a sign at either end of Route 19/25 displaying
the name "Tiffany Jackson Drive"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Commissioner of the Division of
Highways and to the surviving family of Tiffany Elaine Jackson.
Referred to the Committee on Transportation.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Joint Resolution No. 114, Veterans Bonus Amendment
of 2004.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the resolution (Eng. H. J. R. No. 114) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4501, Creating exemptions from the consumers sales and services tax for e-commerce vendors
and other high technology businesses.
And,
Eng. House Bill No. 4622, Repealing the section of the code
relating to the exemption of lottery prizes from taxation.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 4501 and Eng. H.
B. No. 4622) contained in the preceding report from the Committee
on Finance were each taken up for immediate consideration, read a
first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4625, Authorizing the tourism commission
the use of the tourism promotion fund to support the 2004 Pete Dye
West Virginia Classic.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 4625) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
At the request of Senator Jenkins, unanimous consent being
granted, Senator Jenkins addressed the Senate regarding the
amendment offered by Senator Jenkins to the House of Delegates
amendments to Engrossed Senate Bill No. 563 (Relating to public
employees retirement act).
The Senate proceeded to the sixth order of business.
Senators Caldwell and Edgell offered the following resolution:
Senate Concurrent Resolution No. 87--Requesting the Joint
Committee on Government and Finance study the economic feasibility
of establishing a one-dollar contribution from taxpayers' income
tax refunds for the purpose of providing free phone cards to West
Virginia military personnel serving in combat zones.
Whereas, One of the most psychologically damaging effects upon
a military person serving in a combat zone is a lack of contact
with families and loved ones; and
Whereas, Most telephone calls between military personnel and
their families must necessarily originate with the military personnel; and
Whereas, It is believed that West Virginians would willingly
aid in lending support to our service men and women by contributing
to the expense of providing free phone cards for military personnel
serving in combat zones; and
Whereas, The simplest and most economical manner of collecting
donations for that purpose would be to provide a voluntary check-
off on West Virginia income tax returns designating one dollar or
more to be transferred from the taxpayer's income tax refund;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the economic feasibility of establishing a one-
dollar contribution from taxpayers' income tax refunds for the
purpose of providing free phone cards to West Virginia military
personnel serving in combat zones; and, be it
Further Resolved, That the Joint Committee on Government and
Finance work with the Senate Committee on Military and the House
Committee on Veterans Affairs and Homeland Security in conducting
this study; 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.
Which, under the rules, lies over one day.
Petitions
Senators White and Oliverio presented a petition from Donald
E. Launer and numerous West Virginia residents, urging
reinstatement of the West Virginia University rifle team.
Referred to the Committee on Education.
Senator Jenkins presented a petition from Sandee Burns and
numerous retired school employees, requesting the Legislature
provide an annual cost-of-living adjustment to the pensions of
retired school employees.
Referred to the Committee on Pensions.
Senators Bowman and McKenzie presented a petition from Melissa
E. Fritter 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 Love and White presented a petition from Jeanita
Smith and numerous West Virginia residents, supporting Engrossed
House Bill No. 4157 (Continuing the rural health advisory panel).
Referred to the Committee on Health and Human Resources.
Senator Rowe presented a petition from Christi M. Viney and
numerous West Virginia residents, supporting Engrossed Committee
Substitute for Senate Bill No. 271 (Relating to racial profiling
data collection), Senate Bill No. 272 (Creating state police review
board), House Bill No. 4125 (Creating a state police review board
to hear complaints against state police personnel) and House Bill
No. 4126 (Requiring racial profiling data collection by
law-enforcement officers and agencies each time a motorist is
stopped for an alleged violation of the law).
Referred to the Committee on the Judiciary.
Senators White and Love presented a petition from Steven W.
Rhodes and numerous Fayette 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.
Senators White and Love presented a petition from Larry Baxter
and numerous West Virginia residents, supporting Senate Bill No. 74
(Relating to racial profiling by police during traffic stop).
Referred to the Committee on the Judiciary.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Concurrent Resolution No. 88 (originating in the
Committee on Economic Development)--Requesting the Joint Committee
on Government and Finance study the effects of legislative acts
amending the laws governing workers' compensation, as enacted by
the Legislature during 2003 and 2004.
Whereas, The Workers' Compensation Commission is presently
operating with an actuarial deficit in excess of $3 billion; and
Whereas, Through prior legislative enactments, provisions have
been made enabling the Workers' Compensation Commission to
adequately manage the system of premium collections and benefits
payable, yet such efforts alone will not be sufficient to retire
the existing actuarial deficit; and
Whereas, Even with the combination of a properly managed
premium collection system and properly managed benefit delivery
system, the full actuarial deficit currently existing in the
Workers' Compensation Commission cannot be retired or extinguished
without further legislative action; and
Whereas, The Legislature recognizes the need for alternative
revenue sources as a means of providing adequate funding for the
Workers' Compensation Commission to meet its obligations to the
workers of this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the effects of legislative acts amending the
laws governing workers' compensation, as enacted by the Legislature
during 2003 and 2004; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to also develop recommendations for the
Legislature regarding additional legislative action which may be
undertaken to improve the management and retirement of the
financial debts and liabilities of the Workers' Compensation
Commission through alternative sources of revenue beyond increases
in premium collections or decreases in benefits payable; and, be it
Further Resolved, That the Legislature hereby authorizes the
Joint Committee on Government and Finance to request, receive and
examine all reports, documents, testimony, actuarial and financial
information or analysis and any other such material it deems
necessary for the Joint Committee on Government and Finance to
accomplish the goals herein set forth; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the Legislature by January 1, 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,
Brooks F. McCabe, Jr.,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4037, Providing for safe
schools through alternative education programs and providing
certain juvenile justice records to public school officials.
With amendments from the Committee on Education pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Education 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. Com. Sub. for H. B. No. 4037) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4140, Requiring the ethics commission to
establish a code of conduct for state administrative law judges.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 4140) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4364, Including division of
forestry employees in the assault and battery statute with similar
state personnel.
And,
Eng. House Bill No. 4403, Repealing the requirement of
affidavits acknowledging receipt of compensation.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 4364 and Eng. H.
B. No. 4403) 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 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. 4740, Relating to the establishment,
initial funding and operation of a patient injury compensation
fund.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 4740) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on the Judiciary pending.
Senator Chafin announced that in the meeting of the Committee
on previously held, the committee, in accordance with rule number
seventeen of the Rules of the Senate, had removed from unfinished
business, Senate Concurrent Resolution No. 84 and House Concurrent
Resolution No. 24; from the Senate third reading calendar,
Engrossed Committee Substitute for House Bill No. 2423, Engrossed
Committee Substitute for House Bill No. 3189, Engrossed Committee
Substitute for House Bill No. 4294, Engrossed House Bill No. 4304,
Engrossed House Bill No. 4350, Engrossed House Bill No. 4411,
Engrossed House Bill No. 4415, Engrossed House Bill No. 4451,
Engrossed House Bill No. 4479, Engrossed Committee Substitute for
House Bill No. 4517, Engrossed House Bill No. 4530, Engrossed
Committee Substitute for House Bill No. 4559, Engrossed House Bill
No. 4623, Engrossed House Bill No. 4627 and Engrossed House Bill
No. 4672; and from the Senate second reading calendar, Engrossed Committee Substitute for House Bill No. 2801, Engrossed House Bill
No. 4068, Engrossed Committee Substitute for House Bill No. 4148
and Engrossed Committee Substitute for House Bill No. 4566.
Senator Chafin also announced that in the same meeting, the
Committee on Rules had returned to the Senate calendar, on third
reading, Engrossed Committee Substitute for House Bill No. 4104 and
Engrossed Committee Substitute for House Bill No. 4373; and on
second reading, Engrossed Committee Substitute for House Bill No.
2200, under rule number seventeen of the Rules of the Senate.
Senator Chafin also announced that in the same meeting, the
Committee on Rules, in accordance with rule number seventeen of the
Rules of the Senate, had place consideration of Engrossed Committee
Substitute for House Bill No. 2914, Engrossed Committee Substitute
for House Bill No. 4291, Engrossed Committee Substitute for House
Bill No. 4412, Engrossed Committee Substitute for House Bill No.
4450, Engrossed House Bill No. 4478, Engrossed House Bill No. 4546,
Engrossed House Bill No. 4547, Engrossed House Bill No. 4548,
Engrossed House Bill No. 4549, Engrossed House Bill No. 4550,
Engrossed House Bill No. 4551 and Engrossed House Bill No. 4745
following consideration of all other bills on today's second
reading calendar.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 23, Requesting Joint Committee on Government and Finance study need for forensic science
task force.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 24, Requesting Joint
Committee on Government and Finance study establishing special
residential community for senior citizens.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 26, Requesting Joint
Committee on Government and Finance study certain medicaid program
preferred drug list.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 47, Requesting Joint
Committee on Government and Finance study governmental agencies
involved in resolving problem of flooding of streams.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 56, Requesting Joint
Committee on Government and Finance study current administrative
structure of Division of Personnel.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 59, Requesting Joint
Committee on Government and Finance study property tax laws.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 70, Requesting Joint
Committee on Government and Finance study financial operations of
senior centers.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 76, Requesting Joint
Committee on Government and Finance study effects of companies
outsourcing jobs.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 78, Requesting Joint
Committee on Government and Finance study Wage Payment and Collection Act.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 81, Requesting Joint
Committee on Government and Finance study economic development
funding.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 84, Requesting West Virginia
University analyze its meat research production facilities.
Having been removed from unfinished business in earlier
proceedings today, no further action thereon was taken.
Senate Concurrent Resolution No. 86, Requesting Joint
Committee on Government and Finance study providing services and
support for disabled persons.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
House Concurrent Resolution No. 3, Naming a portion of state
route 75 and U. S. route 52 the "Big Green Memorial Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 4, Establishing a "Robert L.
Bradley, M. D., Ph. D., Brigadier General Memorial Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 23, Naming the bridge, located
approximately one mile east of the Huntington Mall on Route 60, the
"George Adam Floding Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 24, Requesting the prohibition
of remote control locomotive technology in switching operations
until such time as a thorough, risk assessment study of remote
control locomotive operations can be completed.
Having been removed from unfinished business in earlier
proceedings today, no further action thereon was taken.
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".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 31, Requesting a study on the
use of credit scoring being used as a factor in determining the
amount of a premium charged for issuance of an insurance policy.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 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.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 2423, Awarding high school
diplomas to certain veterans.
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. 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.
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. 4027, Establishing a
voluntary environmental excellence program.
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. 4027) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4104, Creating the felony
crime of scanning device or reencoder fraud.
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. 4104) passed.
The following amendment to the bill, from the Committee on the
Judiciary, 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. Com. Sub. for House Bill No. 4104--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-3-56, relating to creating the crimes of
scanning device and reencoder fraud; providing definitions; and
establishing criminal penalties therefor.
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. 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 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. 4143) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, 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. 4143--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §30-7-8a; to amend said code by adding thereto
a new section, designated §30-7A-7a; and to amend said code 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 relating to creating the West Virginia center for nursing; legislative findings; center assuming the duties of
the nursing shortage study commission; authorizing supplemental
nursing licensure fees; emergency rules; establishing a board of
directors for the center; setting forth powers and duties;
permitting expense reimbursement; establishing special revenue
account; reporting requirement; and continuation.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4143) 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. 4157, Continuing the rural health advisory
panel.
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. 4157) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4168, Requiring lenders to
have the funds for mortgage loans available at the appropriate
time.
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. 4168) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, 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. Com. Sub. for House Bill No. 4168--A Bill to amend and
reenact §31-17-2 of the code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new article, designated
§46A-6K-1, §46A-6K-2, §46A-6K-3, §46A-6K-4 and §46A-6K-5, all
relating to mortgage loans; exempting mortgage loan closing costs
from consumers sales and service tax levied on brokerage fees,
additional charges and finance charges; requiring that funds are
available for settlement of a real estate mortgage transaction;
defining applicability of the law; providing definition of terms
used; establishing duty of lender; maintaining validity of loan
documents; and providing a penalty for violations of the article.
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. 4193, Authorizing the
Department of Environmental Protection to promulgate legislative rules.
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. 4193) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On pages one through four, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4193--A Bill to amend and
reenact article 3, chapter 64 of the code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
state register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the legislative rule-making review committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
legislative rule-making review committee and as amended by the
Legislature; disapproving certain legislative rules presented to
the Legislature for authorization; authorizing the department of
environmental protection to promulgate a legislative rule relating
to the Nox budget trading program as a means of control and
reduction of nitrogen oxides from nonelectric generating units;
authorizing the department of environmental protection to
promulgate a legislative rule relating to emission standards for
hazardous air pollutants pursuant to 40 CFR Part 61; authorizing
the department of environmental protection to promulgate a
legislative rule relating to standards of performance for new
stationary sources pursuant to 40 CFR Part 60; authorizing the
department of environmental protection to promulgate a legislative
rule relating to the prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities;
authorizing the department of environmental protection to
promulgate a legislative rule relating to emission standards for
hazardous air pollutants for source categories pursuant to 40 CFR
Part 63; authorizing the department of environmental protection to
promulgate a legislative rule relating to 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); authorizing the department of
environmental protection to promulgate a legislative rule relating
to surface mining reclamation; authorizing the department of
environmental protection to promulgate a legislative rule relating
to solid waste management; authorizing the department of
environmental protection to promulgate a legislative rule relating
to hazardous waste management; authorizing the department of
environmental protection to promulgate a legislative rule relating
to the West Virginia NPDES rule for coal mining facilities;
authorizing the environmental quality board to promulgate a
legislative rule relating to requirements governing water quality
standards; and authorizing the environmental quality board to
promulgate emergency and legislative rules on or before the first
day of October, two thousand four, to revise the aquatic life
aluminum criteria.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4193) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4200, Authorizing the
department of military affairs and public safety to promulgate
legislative rules.
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. 4200) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4200) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4205, Authorizing the
department of health and human resources to promulgate legislative
rules.
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. 4205) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4205) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4211, Authorizing the
Department of Transportation to promulgate legislative rules.
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. 4211) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4211) 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. 4248, Continuing the office of
environmental advocate.
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. 4248) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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 third reading, coming up in regular order, was read a third
time.
The question being "Shall Engrossed House Bill No. 4280 pass?"
Pending discussion,
At the request of Senator Chafin, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's second reading calendar.
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.
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. 4299, Modifying the West
Virginia contractor licensing act and updating certain terms.
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. 4299) 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. 4304, Continuing the children's health
insurance board.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 4350, Continuing the West Virginia state
police.
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. 4373, Making it a crime to
alter a traffic-control device with an infrared or electronic
device.
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. 4373) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, 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. Com. Sub. for House Bill No. 4373--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §17C-3-10, relating to making it a crime to
possess or use a traffic-control device with an infrared or
electronic device designed to change traffic light indication;
exceptions; and providing for penalties.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4411, Changing certain reporting
requirements in the West Virginia workforce investment act.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 4415, Giving the state auditor flexibility
in determining when to conduct audits on local government offices.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 4451, Clarifying that the economic
development authority and tax commissioner are authorized to
require certain examination and compliance actions.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 4479, Continuing the department of health
and human resources.
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. 4491, Relating to mine
inspectors and instructors employed by the office of miners'
health, safety and training.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Ross, unanimous consent was granted
to offer an amendment to the bill on third reading.
Thereupon, on motions of Senators Dempsey, Ross and Hunter,
the following amendment to the bill was reported by the Clerk and adopted:
On page six, section nine, lines nineteen through twenty-one,
by striking out the words "and who has been a supervisor on a
working section for at least three years".
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4491), as just amended, was then read a third time and put upon
its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4491) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 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.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 4530, Continuing the meat and poultry
inspection program.
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. 4559, Providing urban mass
transportation authorities expanded competitive procurement
procedures for the purchase of supplies, equipment and materials.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 4601, Relating to public education
generally.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Unger, White and Tomblin (Mr. President)--29.
The nays were: Guills, McKenzie, Smith, Sprouse and Weeks--5.
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. 4601) passed.
At the request of Senator Plymale, as chair of the Committee
on Education, and by unanimous consent, the unreported Education
committee amendment to the title of the bill was withdrawn.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. House Bill No. 4601--A Bill to amend and reenact §18-9A-7
of the code of West Virginia, 1931, as amended; to amend and
reenact §18-9D-2, §18-9D-6, §18-9D-8, §18-9D-15 and §18-9D-16 of
said code, all relating to public education; suspending basic
foundation allocation for bus replacement and providing allocation
for academic trips for one school year; school building authority;
redefining certain terms; correcting references; allowing
expenditure of certain moneys for vocational programs at
comprehensive high schools and vocational schools cooperating with
community and technical college programs; encouraging cooperation
relating to vocational-technical facilities; providing that excess
lottery revenues not be transferred to school construction fund for
the next school year only, with funds made available for
legislative appropriation; project submission and evaluation
relating to certain funds; requiring facilities plan as condition
of receiving certain funds; providing for certain guidelines and procedures by authority for plans, plan modifications and
evaluating projects; and clarifying that certain revenues can only
be expended on projects authorized in accordance with the
guidelines and procedures section.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Unger, White and Tomblin (Mr. President)--29.
The nays were: Guills, McKenzie, Smith, Sprouse and Weeks--5.
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. 4601) 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. 4623, Repealing the section of the code
relating to expenditure of excess in collections upon approval of
governor.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 4627, Honoring academic performance of
West Virginians graduating from U.S. military academies.
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. 4649, Providing for greater
efforts for instate placement of children in the custody of the
Department of Health and Human Services.
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. 4649) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, 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. 4649--A Bill to amend and
reenact §49-5D-2, §49-5D-3 and §49-5D-3a of the code of West Virginia, 1931, as amended, all relating to child welfare;
providing for a child advocacy center participation in
multidisciplinary investigative teams; providing for uniform
comprehensive assessments of children; preference to in-state
placement; including in team, child, the juvenile's attorney,
appropriate school official, court-appointed special advocate when
available, and a representative from the licensed domestic violence
program serving the county, when appropriate and available;
requiring team preference of in-state placement; requiring court
preference of in-state placement; and requiring that reasons for
out-of-state placement be in order.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4672, Relating to calculation of workers'
compensation premiums for members of limited liability companies.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.