WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
SIXTIETH DAY
____________
Charleston, W. Va., Saturday, March 13, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Kylie Gobel of South Charleston, West Virginia, and a student
at Calvary Baptist Academy, Teays Valley, West Virginia, proceeded
in the singing of "El Shaddai".
Pending the reading of the Journal of Friday, March 12, 2004,
On motion of Senator Edgell, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Tomblin (Mr. President) presented a communication from
the Department of Health and Human Resources, submitting its annual
Youth Services report, in accordance with chapter forty-nine,
article five-b, section seven 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 Workers' Compensation Commission, submitting its medical fee
schedule as required by chapter twenty-three, article four, section
three 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, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Com. Sub. for Senate Bill No. 125, Permitting
solicitation of certain state employees for contributions to
certain campaigns in local or county elections.
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 six, section twelve, line ninety-four, after the word
"subdivisions" by changing the period to a colon and inserting the
following proviso: Provided, That in no event shall any person
acting in a supervisory role solicit a person who is a subordinate
employee for any contribution.;
And,
On page eight, section twelve, after line one hundred thirty-
one, by adding a new subsection, designated subsection (m), to read
as follows:
(m) The provisions of subsection (i) of this section,
permitting contributions to a campaign for or against a county or
local government ballot issue, shall become operable on and after
the first day of January, two thousand five.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 125, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--31.
The nays were: Harrison, Smith and Weeks--3.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 125) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 133, Budget bill.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the provisions of Engrossed
Committee Substitute for House Bill No. 4000.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendment to the bill (Eng. Com. Sub. for S. B.
No. 133) and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 149, Relating generally to department of tax and revenue.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page three, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §5A-2-2, §5A-2-3, §5A-2-4, §5A-2-5, §5A-2-6, §5A-2-7,
§5A-2-8, §5A-2-9, §5A-2-10, §5A-2-11, §5A-2-12, §5A-2-13, §5A-2-14,
§5A-2-14a, §5A-2-15, §5A-2-16, §5A-2-17, §5A-2-18, §5A-2-19, §5A-2-
20, §5A-2-21, §5A-2-22, §5A-2-23, §5A-2-26, §5A-2-27, §5A-2-28,
§5A-2-29, §5A-2-30 and §5A-2-31 of the code of West Virginia, 1931,
as amended, be repealed; that §5A-1-2, §5A-1-4 and §5A-1-5 of said
code be amended and reenacted; that §5A-2-1, §5A-2-24 and §5A-2-32
of said code be amended and reenacted; and that said code be
amended by adding thereto a new chapter, designated §11B-1-1, §11B-
1-2, §11B-1-3, §11B-1-4, §11B-1-5, §11B-1-6, §11B-1-7, §11B-2-1,
§11B-2-2, §11B-2-3, §11B-2-4, §11B-2-5, §11B-2-6, §11B-2-7, §11B-2-
8, §11B-2-9, §11B-2-10, §11B-2-11, §11B-2-12, §11B-2-13, §11B-2-14,
§11B-2-15, §11B-2-16, §11B-2-17, §11B-2-18, §11B-2-19, §11B-2-20,
§11B-2-21, §11B-2-22, §11B-2-23, §11B-2-24, §11B-2-25, §11B-2-26,
§11B-2-27, §11B-2-28, §11B-2-29, §11B-2-30 and §11B-2-31, all to
read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 1. DEPARTMENT OF ADMINISTRATION.
§5A-1-2. Department of administration and office of secretary;
secretary; division of finance and administration abolished;
division directors.
(a) The department of administration and the office of
secretary of administration are hereby continued in the executive
branch of state government. The secretary shall be the chief
executive officer of the department and director of the budget and
shall be appointed by the governor, by and with the advice and
consent of the Senate, for a term not exceeding the term of the
governor. The office of the commissioner of finance and
administration and the division of finance and administration are
hereby abolished. All duties and responsibilities of the
commissioner of finance and administration are hereby vested in the
secretary of administration. All records, responsibilities,
obligations, assets and property, of whatever kind and character,
of the division of finance and administration are hereby
transferred to the department of administration. The balances of
all funds of the division of finance and administration are hereby
transferred to the department of administration. The department of
administration is hereby authorized to receive federal funds.
(b) The secretary shall serve at the will and pleasure of the governor. The annual compensation of the secretary shall be as
specified in section three, article one, chapter five-f two-a,
article seven, chapter six of this code.
(c) There shall be in the department of administration a
finance division, a general services division, an information
services and communications division, an insurance and retirement
division, a personnel division and a purchasing division. The
insurance and retirement division shall be comprised of the public
employees retirement system and board of trustees, the public
employees insurance agency and public employees advisory board, the
teachers retirement system and teachers retirement board and the
board of risk and insurance management. Each division shall be
headed by a director who may also head any and all sections within
that division and who shall be appointed by the secretary. In
addition to the divisions enumerated above, there shall also be in
the department of administration those agencies, boards,
commissions and councils specified in section one, article two,
chapter five-f of this code.
§5A-1-4. Council of finance and administration.
(a) The council of finance and administration is hereby
created and shall be composed of ten eleven members, four five of
whom shall serve ex officio and six of whom shall be appointed as
herein provided. The ex officio members shall be the secretary of the department of administration, the secretary of revenue, the
attorney general or his or her designee, the state treasurer or his
or her designee and the state auditor or his or her designee; such
designees being authorized voting ones. From the membership of the
Legislature, the president of the Senate shall appoint three
senators as members of the council, not more than two of whom shall
be members of the same political party, and the speaker of the
House of Delegates shall appoint three delegates as members of the
council, not more than two of whom shall be members of the same
political party. Members of the council appointed by the president
of the Senate and the speaker of the House of Delegates shall serve
at the will and pleasure of the officer making their appointment.
The secretary of administration shall serve as chairman of the
council. Meetings of the council shall be upon call of the
chairman or a majority of the members thereof. It shall be the
duty of the chairman to call no less than four meetings in each
fiscal year, one in each quarter, or more often as necessary, and
all meetings shall be open to the public. All meetings of the
council shall be held at the capitol building in a suitable
committee room which shall be made available by the Legislature for
such purpose: Provided, That the second quarterly meeting in each
fiscal year shall be held in November and shall be a joint meeting
with the joint committee on government and finance of the Legislature called jointly by the president of the Senate, speaker
of the House of Delegates and secretary of administration.
(b) The council shall serve the department of administration
and the director of the budget in an advisory capacity for purposes
of reviewing the performance of the administrative and fiscal
procedures of the state, including the oversight of all federal
funds, and shall have the following duties:
(1) To advise with the secretary director of the budget in
respect to matters of budgetary intent and efficiency, including
the budget bill and budget document detail and format;
(2) To advise with the secretary and the director of the
budget concerning such studies of government and administration
concerning fiscal policy as it may consider considers appropriate;
(3) To advise with the secretary and the director of the
budget in the preparation of studies designed to provide long-term
capital planning and finance for state institutions and agencies;
and
(4) To advise with the secretary and the director of the
budget in respect to the application for, and receipt and
expenditure of, anticipated or unanticipated federal funds.
(c) The appointed, non-ex officio members of the council shall
be entitled to receive such compensation and reimbursement for
expenses in connection with performance of their duties, during interim periods, if not otherwise receiving the same for such
identical periods, as is authorized by the applicable sections of
article two-a, chapter four of the code in respect to performance
of duties either within the state or, if deemed necessary, out of
state. Such compensation Compensation and expenses shall be
incurred and paid only after approval by the joint committee on
government and finance.
§5A-1-5. Reports by secretary.
The secretary shall make an annual report to the governor
concerning the conduct of the department and the administration of
the state finances as they pertain to programs administered by the
department of administration. He The secretary shall also make
such other reports as the governor may require.
ARTICLE 2. FINANCE DIVISION.
§5A-2-1. Finance division created; director; sections; powers and
duties.
(a) The finance division of the department of administration
is hereby created continued except that the budget section is
transferred to and shall become a part of the department of revenue
on the effective date of this section as amended in the year two
thousand four. The finance division shall be under the supervision
and control of a director, who shall be appointed by the secretary.
There shall be in the finance division an accounting section a budget section and a financial accounting and reporting section.
(b) The accounting section shall have the duties conferred
upon it by this article and by the secretary, including, but not
limited to, general financial accounting, payroll, accounts payable
and accounts receivable for the department of administration.
The budget section shall act as staff agency for the governor
in the exercise of his powers and duties under Section 51, Article
VI of the state constitution, and shall exercise and perform the
other powers and duties conferred upon it by this article.
(c) The financial accounting and reporting section shall
establish and maintain the centralized accounting system required
by section twenty-four of this article and issue annual general
purpose financial statements in accordance with generally accepted
accounting principles and with this article.
§5A-2-24. Management accounting.
(a) It is the intent of this section to establish a
centralized accounting system for the offices of the auditor,
treasurer, board of investments, secretary of administration and
each spending unit of state government to provide more accurate and
timely financial data and increase public accountability.
(b) Notwithstanding any provision of this code to the
contrary, the secretary of administration shall develop and
implement a new centralized accounting system for the planning, reporting and control of state expenditures in accordance with
generally accepted accounting principles to be used by the auditor,
treasurer, board of investments, secretary and all spending units.
The accounting system shall provide for adequate internal controls,
accounting procedures, recording income collections, systems
operation procedures and manuals, and periodic and annual general
purpose financial statements, as well as provide for the daily
exchange of needed information among users.
(c) The financial statements shall be audited annually by
outside independent certified public accountants, who shall also
issue an annual report on federal funds in compliance with federal
requirements.
(d) The secretary shall implement the centralized accounting
system no later than the thirty-first day of December, one thousand
nine hundred ninety-three, and, after approval of the system by the
governor, shall require its use by all spending units. The
auditor, treasurer, board of investments, secretary and every
spending unit shall maintain their computer systems and data files
in a standard format in conformity with the requirements of the
centralized accounting system. Any system changes must be approved
in advance of such the change by the secretary. The auditor,
treasurer, board of investments, budget director and secretary of
administration shall provide on-line interactive access to the daily records maintained by their offices.
§5A-2-32. Submission of requests, amendments, reports, etc., to
legislative auditor; misdemeanor penalty for noncompliance.
(a) The provisions of sections three, eleven, twelve,
thirteen, nineteen, twenty-three and section twenty-five of this
article requiring the secretary or the spending officer of the
spending units, as the case may be, to supply copies of the
documents specified therein to the legislative auditor shall be
strictly adhered to by all such persons the secretary.
(b) Any failure by any person to do so a secretary to comply
with the provisions of subsection (a) of this section shall be a
misdemeanor and, upon conviction thereof, such person the secretary
shall be fined the sum of one thousand dollars. Such This penalty
shall be in addition to other penalties provided elsewhere in this
article and other remedies provided by law.
CHAPTER 11B. DEPARTMENT OF REVENUE.
ARTICLE 1. DEPARTMENT OF REVENUE.
§11B-1-1. Department of tax and revenue renamed department of
revenue; office of secretary of tax and revenue renamed office
of secretary of revenue.
(a) The department of tax and revenue and the office of
secretary of tax and revenue are hereby renamed, respectively, the
department of revenue and the office of secretary of revenue and continued in the executive branch of state government. Wherever in
this code the words "office of secretary of tax and revenue" or
"secretary of tax and revenue" are used, such words shall now mean
the office of secretary of revenue or the secretary of revenue.
(b) The secretary of revenue shall be the chief executive
officer of the department and director of the budget. The
secretary shall be appointed by the governor, by and with the
advice and consent of the Senate, for a term not exceeding the term
of the governor.
(c) The department of revenue is hereby authorized to receive
federal funds.
(d) The secretary shall serve at the will and pleasure of the
governor. The annual compensation of the secretary shall be as
specified in section two-a, article seven, chapter six of this
code.
§11B-1-2. Agencies, boards, commissions, divisions and offices
comprising the department of finance and revenue.
(a) There shall be in the department of revenue the following
agencies, boards, commissions, divisions and offices, including all
of the allied, advisory, affiliated or related entities which are
incorporated in and shall be administered as part of the department
of revenue:
(1) The alcohol beverage control commissioner provided for in article sixteen, chapter eleven of this code and article one,
chapter sixty of this code;
(2) The division of banking provided for in article two,
chapter thirty-one-a of this code;
(3) The board of banking and financial institutions provided
for in article three, chapter thirty-one-a of this code;
(4) The state budget office, heretofore known as the budget
section of the finance division, department of administration,
previously provided for in article two, chapter five-a of this code
and now provided for in article two of this chapter;
(5) The agency of insurance commissioner provided for in
article two, chapter thirty-three of this code;
(6) The lending and credit rate board provided for in chapter
forty-seven-a of this code;
(7) The lottery commission and the position of lottery
director provided for in article twenty-two, chapter twenty-nine of
this code;
(8) The municipal bond commission provided for in article
three, chapter thirteen of this code;
(9) The office of tax appeals provided for in article ten-a,
chapter eleven of this code;
(10) The state athletic commission provided for in article
five-a, chapter twenty-nine of this code;
(11) The tax division provided for in article one, chapter
eleven of this code; and
(12) The West Virginia racing commission provided for in
article twenty-three, chapter nineteen of this code.
(b) The department shall also include any other agency, board,
commission, division, office or unit subsequently incorporated in
the department by the Legislature.
§11B-1-3. Powers and duties of secretary, administrators, division
heads and employees.
(a) The secretary shall have control and supervision of the
department of revenue and shall be responsible for the work of each
of its employees.
(b) The secretary shall have the power and authority specified
in this article and article two, chapter five-f of this code and as
specified elsewhere in this code, whether heretofore or hereinafter
enacted by the Legislature and whether the code provision refers to
the secretary of revenue or to the secretary of tax and revenue.
(c) The secretary has authority to assess agencies, boards,
commissions, divisions and offices in the department of revenue for
the payment of expenses of the office of the secretary.
(d) The secretary shall have plenary power and authority
within and for the department to employ professional staff,
including, but not limited to, certified public accountants, economists and attorneys, assistants and other employees as
necessary for the efficient operation of the department.
(e) The secretary and administrators, division heads and other
employees of the department shall perform the duties specified in
this code for their respective offices or positions and shall also
perform other duties as the governor prescribes.
§11B-1-4. Reports by secretary.
The secretary shall make an annual report to the governor
concerning the conduct of the department and the administration of
the budget. The secretary shall also make other reports as the
governor may require.
§11B-1-5. Delegation of powers and duties by secretary.
The secretary may delegate powers and duties vested in the
secretary to his or her assistants and employees, but the secretary
shall be responsible for all official acts of the department.
§11B-1-6. Confidentiality of information.
(a) Information provided to secretary under expectation of
confidentiality. -- Information that would be confidential under
the laws of this state when provided to a division, agency, board,
commission or office within the department of revenue shall be
confidential when that information is provided to the secretary of
the department of revenue or to an employee in the office of the
secretary. The confidential information may be disclosed only: (1) To the applicable agency, board, commission or division of the
department to which the information relates; or (2) in the manner
authorized by provisions of this code applicable to that agency,
board, commission or division. This confidentiality rule is a
specific exemption from disclosure under article one, chapter
twenty-nine-b of this code.
(b) Interdepartmental communication of confidential
information. -- Notwithstanding any provision of this code to the
contrary, information that by statute is confidential in the
possession of any division, agency, board, commission or office of
the department of revenue may be disclosed to the secretary, or an
employee in the office of the secretary, who must safeguard the
information and may not further disclose the information except
under the same conditions, restrictions and limitations applicable
to the administrator of the agency, board, commission, division or
office of the department in whose hands the information is
confidential: Provided, That nothing contained in this section
shall be construed to require the disclosure to the secretary or to
an employee in the office of the secretary of individually
identifiable health care or other information that, under federal
law, may not be disclosed by the administrator without subjecting
the administrator or the agency, board, commission, division or
office to sanctions or other penalties by the United States or any agency thereof. This confidentiality rule is a specific exemption
from disclosure under article one, chapter twenty-nine-b of this
code.
§11B-1-7. Right of appeal from interference with functioning of
agency.
Upon occasion of a showing that the application of the
authority vested under the provisions of this article may interfere
with the successful functioning of any department, institution or
agency of the government, that department, institution or agency
has the right of appeal to the governor for review of the case and
the decision or conclusion of the governor shall control in
appeals.
ARTICLE 2. STATE BUDGET OFFICE.
§11B-2-1. Budget office.
The budget section of the department of administration is
hereby transferred to the department of revenue and continued as
the budget office. The budget office shall act as staff agency for
the governor in the exercise of his powers and duties under section
fifty-one, article VI of the constitution of West Virginia and
shall exercise and perform the other powers and duties of the
budget office set forth in this article or previously conferred
upon the budget section of the finance division, department of
administration, prior to the effective date of this section in calendar year two thousand four, and set forth whether in article
two, chapter five-a of this code, prior to the effective date of
this section in calendar year two thousand four, this article or
elsewhere in this code.
§11B-2-2. General powers and duties of secretary as director of
budget.
The secretary of revenue, under the immediate supervision of
the governor, shall have the power and duty to:
(1) Exercise general supervision of, and make rules and
regulations for, the government of this division;
(2) Administer the budget in accordance with this article;
(3) Serve the governor in the consideration of requests for
appropriations and the preparation of the budget document;
(4) Make investigations and submit reports as the governor
requires;
(5) Make a continuous study of state expenditures and
eligibility for federal matching dollars and make recommendations
to the governor for the more economical use of state funds as he or
she shall find practicable;
(6) Render assistance to spending officers with respect to the
fiscal affairs of spending units; and
(7) Exercise other powers as are vested in the secretary by
this article, or which may be appropriate to the discharge of the secretary's duties under this article.
§11B-2-3. Requests for appropriations; copies to legislative
auditor.
(a) The spending officer of each spending unit, other than the
legislative and the judicial branches of state government, shall,
on or before the first day of September of each year, submit to the
secretary a request for appropriations for the fiscal year next
ensuing. On or before the same date, the spending officer shall
also transmit two copies of the request to the legislative auditor
for the use of the finance committees of the Legislature.
(b) If the spending officer of any spending unit fails to
transmit to the legislative auditor two copies of the request for
appropriations within the time specified in this section, the
legislative auditor or the state budget office shall notify the
secretary, auditor and treasurer of the failure. Upon
notification, no funds appropriated to that spending unit shall be
encumbered or expended until the spending officer thereof has
transmitted two copies of the request for appropriation to the
legislative auditor.
(c) If a spending officer submits to the secretary an
amendment to the request for appropriations, two copies of the
amendment shall forthwith be transmitted to the legislative
auditor.
(d) Notwithstanding any provision in this section to the
contrary, the state superintendent of schools shall, on or before
the fifteenth day of December of each year, submit to the secretary
a request for appropriations for the fiscal year next ensuing for
state aid to schools and submit two copies of the request to the
legislative auditor for the use of the finance committees of the
Legislature. The request for appropriation shall be accompanied
with copies of certified enrollment and employee lists from all
county superintendents for the current school year. If certified
enrollment and employee lists are not available to the state
superintendent from any of the county school boards, the state
superintendent shall notify those school boards and no funds shall
be expended for salary or compensation to their county
superintendent until the certified lists of enrollment and
employees are submitted.
§11B-2-4. Contents of requests.
A request for an appropriation for a spending unit shall
specify and itemize in written form:
(1) A statement showing the amount and kinds of revenue and
receipts collected for use of the spending agency during the next
preceding fiscal year and anticipated collections for the fiscal
year next ensuing;
(2) A statement by purposes and objects of the amount of appropriations requested for the spending unit without deducting
the amount of anticipated collections of special revenue, federal
funds or other receipts;
(3) A statement showing the actual expenditures of the
spending unit for the preceding year and estimated expenditures for
the current fiscal year itemized by purposes and objects, including
those from regular and supplementary appropriations, federal funds,
private contributions, transfers, allotments from an emergency or
contingency fund and any other expenditures made by or for the
spending unit;
(4) A statement showing the number, classification and
compensation of persons employed by the spending unit
distinguishing between regular, special and casual employees during
the preceding fiscal year and during the current fiscal year. The
statement shall show the personnel requirements in similar form for
the ensuing fiscal year for which appropriations are requested;
(5) A statement showing in detail the purposes for which
increased amounts of appropriations, if any, are requested and
giving a justification statement for the expenditure of the
increased amount. A construction or other improvement request
shall show in detail the kind and scope of construction or
improvement requested;
(6) A statement of money claims against the state arising out of the activities of the spending unit; and
(7) Any other information as the secretary requests.
§11B-2-5. Form of requests.
The secretary shall specify the form and detail of itemization
of requests for appropriations and statements to be submitted by a
spending unit: Provided, That a request for appropriations must
include at a minimum the information required by section four of
this article. The secretary shall furnish blank forms for this
purpose.
§11B-2-6. Information concerning state finances.
The secretary shall ascertain for the preceding year and as
estimated for the current fiscal year:
(1) The condition of each of the funds of the state;
(2) A statement of all revenue collections both general and
special; and
(3) Any other information relating to the finances of the
state as the governor requests.
§11B-2-7. Appropriations for judiciary.
The governor shall transmit to the secretary the
appropriations required by law for the judiciary for the fiscal
year next ensuing and which have been certified to the governor by
the auditor. The auditor shall certify the appropriations to the
governor in accordance with section fifty-one, article VI of the constitution of West Virginia on or before the first day of
September of each year.
§11B-2-8. Examination of requests for appropriations.
(a) The secretary shall examine the requests of a spending
unit with respect to requested appropriations, itemization,
sufficiency of justification statements and accuracy and
completeness of all other information which the spending officer is
required to submit.
(b) If the secretary finds a request, report or statement of
a spending unit inaccurate, incomplete or inadequate, he or she
shall consult with the spending officer of the unit and require the
submission of the requests in proper form and content. The
secretary shall assist spending officers in the preparation of
their requests.
§11B-2-9. Appropriation requests by other than spending units.
A person or organization, other than a spending officer, who
desires to request a general appropriation in the state budget,
shall submit his or her request to the secretary on or before the
first day of September of each year. The request shall be in the
form prescribed by the secretary and shall be accompanied by a
justification statement.
§11B-2-10. Powers of secretary in administration of expenditures.
(a) The secretary shall supervise and control the expenditure of appropriations made by the Legislature excluding those made to
the Legislature and those made to the judicial branch of the state
government.
(b) The expenditure of an appropriation made by the
Legislature, except made for the Legislature itself and the
judicial branch of state government, shall be conditioned upon
compliance by the spending unit with the provisions of this
article.
(c) An appropriation made by the Legislature, except made for
the Legislature itself and the judicial branch of state government,
shall be expended only in accordance with this article.
§11B-2-11. Estimates of revenue; reports on revenue collections;
withholding department funds on noncompliance.
(a) Prior to the beginning of each fiscal year the secretary
shall estimate the revenue to be collected month by month by each
classification of tax for that fiscal year as it relates to the
official estimate of revenue for each tax for that fiscal year and
the secretary shall certify this estimate to the governor and the
legislative auditor and the West Virginia investment management
board by the first day of July for that fiscal year.
(1) The secretary shall ascertain the collection of the
revenue of the state and shall determine for each month of the
fiscal year the proportion which the amount actually collected during a month bears to the collection estimated by him or her for
that month. The secretary shall certify to the governor, the
legislative auditor and the investment management board, as soon as
possible after the close of each month, and not later than the
fifteenth day of each month, and at other times as the governor,
the legislative auditor or the investment management board may
request, the condition of the state revenues and of the several
funds of the state and the proportion which the amount actually
collected during the preceding month bears to the collection
estimated by him or her for that month. The secretary shall
include in this certification the same information previously
certified for prior months in each fiscal year. For the purposes
of this section, the secretary shall have the authority to require
all necessary estimates and reports from any spending unit of the
state government.
(2) If the secretary fails to certify to the governor, the
legislative auditor and the investment management board the
information required by this subsection within the time specified
herein, the legislative auditor shall notify the auditor and
treasurer of the failure and thereafter no funds appropriated to
the department of revenue may be expended until the secretary has
certified the information required by this subsection.
(b) Prior to the first day of July of each fiscal year, the secretary shall estimate daily revenue flows for the general
revenue fund for the next fiscal year as it relates to the official
estimate of revenue. Subsequent to the end of each fiscal year,
the secretary shall compare the projected daily revenue flows with
the actual daily revenue flows from the previous year. The
secretary may for any month or months, at his or her discretion,
revise the annual projections of the daily revenue flows. The
secretary shall certify to the governor, the legislative auditor
and the investment management board, as soon as possible after the
close of each month and not later than the fifteenth day of each
month, and at other times as the governor, the legislative auditor
or the investment management board may request, the condition of
the general revenue fund and the comparison of the projected daily
revenue flows with the actual daily revenue flows. If the
secretary fails to certify to the governor, the legislative auditor
and the investment management board the information required by
this subsection within the time specified herein, the legislative
auditor shall notify the auditor and treasurer of the failure and
thereafter no funds appropriated to the department of revenue may
be expended until the secretary has certified the information
required by this subsection.
§11B-2-12. Submission of expenditure schedules; contents;
submission of information on unpaid obligations; copies to legislative auditor.
(a) Prior to the beginning of each fiscal year, the spending
officer of a spending unit shall submit to the secretary a detailed
expenditure schedule for the ensuing fiscal year. The schedule
shall be submitted in such form and at such time as the secretary
may require. The schedule shall show:
(1) A proposed monthly rate of expenditure for amounts
appropriated for personal services;
(2) Each and every position budgeted under personal services
for the next ensuing fiscal year, with the monthly salary or
compensation of each position;
(3) A proposed quarterly rate of expenditure for amounts
appropriated for employee benefits, current expenses, equipment and
repairs and alterations classified by a uniform system of
accounting as called for in section twenty-five of this article for
each item of every appropriation;
(4) A proposed yearly plan of expenditure for amounts
appropriated for buildings and lands; and
(5) A proposed quarterly plan of receipts itemized by type of
revenue.
(b) The secretary may accept a differently itemized
expenditure schedule from a spending unit to which the above
itemizations are not applicable.
(c) The secretary shall consult with and assist spending
officers in the preparation of expenditure schedules.
(d) Within fifteen days after the end of each month of the
fiscal year, the head of every spending unit shall certify to the
legislative auditor the status of obligations and payments of the
spending unit for amounts of employee benefits, including, but not
limited to, obligations and payments for social security
withholding and employer matching, public employees insurance
premiums and public employees retirement and teachers retirement
systems.
(e) In the event the legislative auditor determines from
certified reports or from other sources that any spending unit is
not making all payments and transfers for employee benefits from
funds appropriated for that purpose, the legislative auditor shall
notify the secretary of administration, auditor and treasurer of
the determination and thereafter no funds appropriated to the
spending unit shall be encumbered or expended for the salary or
compensation to the head of the spending unit until the legislative
auditor determines that the payments or transfers are being made on
a timely basis.
(f) When a spending officer submits an expenditure schedule to
the secretary as required by this section, the spending officer
shall at the same time transmit a copy thereof to the legislative auditor and the joint committee on government and finance or its
designee. If a spending officer of a spending unit fails to
transmit a copy to the legislative auditor on or before the
beginning of the fiscal year, the legislative auditor shall notify
the secretary, auditor and treasurer of the failure and thereafter
no funds appropriated to the spending unit shall be encumbered or
expended until the spending officer thereof has transmitted a copy
to the legislative auditor.
§11B-2-13. Examination and approval of expenditure schedules;
amendments; copies to legislative auditor.
(a) The secretary shall examine the expenditure schedule of
each spending unit, and if it conforms to the appropriations made
by the Legislature, the requirements of this article and is in
accordance with sound fiscal policy, the secretary shall approve
the schedule. In addition, the secretary shall give special
consideration in the approval of expenditure schedules to accounts
in which the appropriations consist predominantly of personal
services funds so that the quarterly allotments of funds to the
various spending units are sufficient to pay personnel costs in the
quarter in which they are due.
(b) The expenditure of the appropriations made to a spending
unit shall be only in accordance with the approved expenditure
schedule unless the schedule is amended with the consent of the secretary, or unless appropriations are reduced in accordance with
the provisions of sections twenty to twenty-two, inclusive, of this
article. The spending officer of a spending unit shall transmit to
the legislative auditor a copy of each and every requested
amendment to the schedule at the same time that the requested
amendment is submitted to the secretary. The secretary shall send
to the legislative auditor copies of any schedule amended with the
secretary's approval.
§11B-2-14. Reserves for emergencies.
The secretary, with the approval of the governor, may require
that an expenditure schedule provide for a reserve for emergencies
out of the total amount appropriated to the spending unit. The
amount of the reserve shall be determined by the secretary in
consultation with the spending officer.
§11B-2-15. Reserves for public employees insurance program.
(a) There is hereby continued a special revenue account in the
state treasury, designated the "Public Employees Insurance Reserve
Fund", which is an interest-bearing account and may be invested in
accordance with the provisions of article six, chapter twelve of
this code, with the interest income a proper credit to the fund.
(b) The fund shall consist of moneys appropriated by the
Legislature and moneys transferred annually pursuant to the
provisions of subsection (c) of this section. These moneys shall be held in reserve and appropriated by the Legislature only for the
support of the programs provided by the public employees insurance
agency: Provided, That in only the fiscal year beginning the first
day of July, two thousand two, and in each of the next two fiscal
years thereafter, and ending on the thirtieth day of June, two
thousand five, the moneys held in the fund may be appropriated to
the bureau of medical services of the department of health and
human resources.
(c) Annually each state agency, except for the higher
education central office created in article four, chapter
eighteen-b of this code; the higher education governing boards as
defined in articles two and three of said chapter; and the state
institutions of higher education as defined in section two, article
one of said chapter shall transfer one percent of its annualized
expenditures from state funds, excluding federal funds based on
filled full-time equivalents as determined by the state budget
office as of the first day of April for that fiscal year, to the
public employees insurance reserve fund. The secretary may exempt
that transfer only upon a showing by the requesting agency that the
continued operation of that agency is dependent upon receipt of the
exemption.
(d) Annually the secretary shall provide a report to the
governor and the Legislature on the amount of reserves established pursuant to the provisions of this section, the number of
exemptions granted and the agencies receiving those exemptions.
§11B-2-16. Limitation on expenditures.
The expenditures of a spending unit during a quarter of the
fiscal year shall not exceed the amount of the approved allotment,
unless the governor approves the expenditure of a larger amount.
Any amounts remaining unexpended at the close of the quarter shall
be available for reallocation and expenditure during any succeeding
quarter of the same fiscal year.
§11B-2-17. Transfers between items of appropriation of executive,
legislative and judicial branches.
Notwithstanding any other provision of law to the contrary,
there shall be no transfer of amounts between items of
appropriations nor shall moneys appropriated for any particular
purpose be expended for any other purpose by any spending unit of
the executive, legislative or judicial branch except as hereinafter
provided:
(1) Any transfer of amounts between items of appropriations
for the executive branch of state government shall be made only as
authorized by the Legislature.
(2) Any transfer of amounts between items of appropriations
for the legislative branch of state government shall be made only
pursuant to the joint rules adopted by the body and any amendments thereto, as certified to the state auditor, the state treasurer and
the legislative auditor.
(3) Any transfer of amounts between items of appropriations
for the judicial branch of state government shall be made only
pursuant to rules adopted by the supreme court of appeals and any
amendments thereto, as certified to the state auditor, the state
treasurer and the legislative auditor.
§11B-2-18. Expenditure of excess in collections; notices to
auditor and treasurer.
(a) If the amount actually collected by a spending unit
exceeds the amount which it is authorized to expend from
collections, the excess in collections shall be set aside in a
special surplus fund for the spending unit. Expenditures from this
fund shall be made only in accordance with the following procedure:
(1) The spending officer shall submit to the secretary:
(A) A plan of expenditure showing the purposes for which the
excess is to be expended; and
(B) A justification statement showing the reasons why the
expenditure is necessary and desirable.
(2) The secretary shall submit the request to the governor
with his or her recommendation.
(3) If the governor approves the plan of expenditure and
justification statement and is satisfied that the expenditure is required to defray the additional cost of the service or activity
of the spending unit and that the expenditure is in accordance with
sound fiscal policy, he or she may authorize the use of the excess
during the current fiscal year. Notices of the authorization shall
be sent to the state auditor, the state treasurer and the
legislative auditor.
(b) An expenditure from a special surplus fund without the
authorization of the governor, or other than in accordance with
this section, shall be an unlawful use of public funds.
§11B-2-19. Reports by spending units; copies to legislative
auditor.
A spending unit shall submit to the secretary reports with
respect to the work and expenditures of the unit as the secretary
may request for the purposes of this article. Upon receipt thereof,
the secretary shall immediately send a copy of each report to the
legislative auditor.
§11B-2-20. Reduction of appropriations; powers of governor;
revenue shortfall reserve fund and permissible expenditures
therefrom.
(a) Notwithstanding any provision of this section, the
governor may reduce appropriations according to any of the methods
set forth in sections twenty-one and twenty-two of this article.
The governor may, in lieu of imposing a reduction in appropriations, request an appropriation by the Legislature from
the revenue shortfall reserve fund established in this section.
(b) A revenue shortfall reserve fund is hereby continued
within the state treasury. The revenue shortfall reserve fund
shall be funded as set forth in this subsection from surplus
revenues, if any, in the state fund, general revenue, as the
surplus revenues may accrue from time to time. Within sixty days
of the end of each fiscal year, the secretary shall cause to be
deposited into the revenue shortfall reserve fund the first fifty
percent of all surplus revenues, if any, determined to have accrued
during the fiscal year just ended. The revenue shortfall reserve
fund shall be funded continuously and on a revolving basis in
accordance with this subsection up to an aggregate amount not to
exceed five percent of the total appropriations from the state
fund, general revenue, for the fiscal year just ended. If at the
end of any fiscal year the revenue shortfall reserve fund is funded
at an amount equal to or exceeding five percent of the state's
general revenue fund budget for the fiscal year just ended, then
there shall be no further obligation of the secretary under the
provisions of this section to apply any surplus revenues as set
forth in this subsection until that time the revenue shortfall
reserve fund balance is less than five percent of the total
appropriations from the state fund, general revenue.
(c) Not earlier than the first day of November of each
calendar year, if the state's fiscal circumstances are such as to
otherwise trigger the authority of the governor to reduce
appropriations under this section or section twenty-one or twenty-
two of this article, then in that event the governor may notify the
presiding officers of both houses of the Legislature in writing of
his or her intention to convene the Legislature pursuant to section
nineteen, article VI of the constitution of West Virginia for the
purpose of requesting the introduction of a supplementary
appropriation bill or to request a supplementary appropriation bill
at the next preceding regular session of the Legislature to draw
money from the surplus revenue shortfall reserve fund to meet any
anticipated revenue shortfall. If the Legislature fails to enact
a supplementary appropriation from the revenue shortfall reserve
fund during any special legislative session called for the purposes
set forth in this section or during the next preceding regular
session of the Legislature, then the governor may proceed with a
reduction of appropriations pursuant to sections twenty-one and
twenty-two of this article. Should any amount drawn from the
revenue shortfall reserve fund pursuant to an appropriation made by
the Legislature prove insufficient to address any anticipated
shortfall, then the governor may also proceed with a reduction of
appropriations pursuant to said sections.
(d) Upon the creation of the fund, the Legislature is
authorized and may make an appropriation from the revenue shortfall
reserve fund for revenue shortfalls, for emergency revenue needs
caused by acts of God or natural disasters or for other fiscal
needs as determined solely by the Legislature.
(e) Prior to the thirty-first day of October, in any fiscal
year in which revenues are inadequate to make timely payments of
the state's obligations, the governor may by executive order, after
first notifying the presiding officers of both houses of the
Legislature in writing, borrow funds from the revenue shortfall
reserve fund. The amount of funds borrowed under this subsection
shall not exceed one and one-half percent of the general revenue
estimate for the fiscal year in which the funds are to be borrowed,
or the amount the governor determines is necessary to make timely
payment of the state's obligations, whichever is less. Any funds
borrowed pursuant to this subsection shall be repaid, without
interest, and redeposited to the credit of the revenue shortfall
reserve fund within ninety days of their withdrawal.
§11B-2-21. Reduction of appropriations -- Reduction of
appropriations from general revenue.
If the governor determines that the amounts, or parts thereof,
appropriated from the general revenue cannot be expended without
creating an overdraft or deficit in the general fund, he or she may instruct the secretary to reduce all appropriations out of general
revenue in a degree as necessary to prevent an overdraft or a
deficit in the general fund.
§11B-2-22. Reduction of appropriations -- Reduction of
appropriations from other funds.
(a) The governor, in the manner set forth in section twenty-
one of this article, may reduce appropriations from:
(1) Funds supported by designated taxes or fees; and
(2) Fees or other collections set aside for the support of
designated activities or services.
(b) Each fund and each fee or collection account shall be
treated separately.
§11B-2-23. Approval of secretary of requests for changes and
receipt and expenditure of federal funds by state agencies;
copies or sufficient summary information to be furnished to
secretary; and consolidated report of federal funds.
(a) Every agency of the state government when making requests
or preparing budgets to be submitted to the federal government for
funds, equipment, material or services, the grant or allocation of
which is conditioned upon the use of state matching funds, shall
have the request or budget approved in writing by the secretary
before submitting it to the proper federal authority. When the
federal authority has approved the request or budget, the agency of the state government shall resubmit it to the secretary for
recording before any allotment or encumbrance of the federal funds
can be made. Whenever any agency of the state government receives
from any agency of the federal government a grant or allocation of
funds which do not require state matching, the state agency shall
report to the secretary the amount of the federal funds granted or
allocated.
(b) Unless contrary to federal law, any agency of state
government, when making requests or preparing budgets to be
submitted to the federal government for funds for personal
services, shall include in the request or budget the amount of
funds necessary to pay for the costs of any fringe benefits related
to the personal service. For the purposes of this section, "fringe
benefits" means any employment benefit granted by the state which
involves state funds, including, but not limited to, contributions
to insurance, retirement and social security and which does not
affect the basic rate of pay of an employee.
(c) In addition to the other requirements of this section, the
secretary shall, as soon as possible after the end of each fiscal
year but no later than the thirty-first day of December of each
year, submit to the governor a consolidated report which shall
contain a detailed itemization of all federal funds received by the
state during the preceding and current fiscal years, as well as those scheduled or anticipated to be received during the next
ensuing fiscal year. The itemization shall show:
(1) Each spending unit which has received or is scheduled or
expected to receive federal funds in either of the fiscal years;
(2) The amount of each separate grant or distribution received
or to be received; and
(3) A brief description of the purpose of every grant or other
distribution, with the name of the federal agency, bureau or
department making the grant or distribution: Provided, That it is
not necessary to include in the report an itemization of federal
revenue sharing funds deposited in and appropriated from the
revenue sharing trust fund, or federal funds received for the
benefit of the division of highways of the department of
transportation.
(d) The secretary may obtain from the spending units any and
all information necessary to prepare a report.
(e) Notwithstanding the other provisions of this section and
in supplementation of the provisions of this section, the
Legislature hereby determines that the department of revenue and
its secretary need to be the single and central agency for receipt
of information and documents in respect of applications for, and
changes, receipt and expenditure of, federal funds by state
agencies. Every agency of state government, when making application for federal funds in the nature of a grant, allocation
or otherwise; when amending the applications or requests; when in
receipt of federal funds; or when undertaking any expenditure of
federal funds, in all respective instances, shall provide to the
secretary of revenue document copies or sufficient summary
information in respect of the federal funds to enable the secretary
to provide approval in writing for any activity in respect to the
federal funds.
§11B-2-24. Expenditure of appropriations -- Generally.
The expenditure of an appropriation made by the Legislature
shall be conditioned upon compliance by the spending unit with
sections twenty-five, twenty-six, twenty-seven, twenty-eight and
twenty-nine of this article.
§11B-2-25. Expenditure of appropriations -- Other than for
purchases of commodities.
A requisition for expenditure, other than an order for the
purchase of commodities, shall be submitted as follows:
(1) The spending officer shall prepare and submit to the
director a requisition showing the amount, purpose and
appropriation from which the expenditure is requested;
(2) The director of the budget shall examine the requisition
and determine whether the amount is within the quarterly allotment,
is in accordance with the approved expenditure schedule and otherwise conforms to the provisions of this article;
(3) If the director approves the requisition, he or she shall
encumber the proper account in the amount of the requisition and
shall transmit the requisition to the auditor for disbursement in
accordance with law; and
(4) If the director disapproves the requisition, he or she
shall return it to the spending unit with a statement of his or her
reasons.
§11B-2-26. Expenditure of appropriations -- Purchases of
commodities.
If a requisition is a request for a purchase of commodities,
the spending unit shall transmit the requisition to the state
budget office for the purpose of ascertaining whether it conforms
to the expenditure schedule. If it does not conform, the
requisition shall be returned by the state budget office to the
spending unit. If it conforms, the state budget office shall
transmit the requisition to the purchasing division of the
department of administration for purchase in accordance with
article three, chapter five-a of this code. When a copy of the
purchase order issued pursuant thereto is received from the
purchasing division by the director in accordance with the
provisions of section fourteen of said article, the director shall
ascertain whether the unencumbered balance in the appropriation concerned, in excess of all unpaid obligations, is sufficient to
defray the cost of the order and, if so, shall encumber the proper
account and certify the fact to the purchasing division and, if
not, shall notify the purchasing division which, upon receipt of
notification, shall return the requisition to the spending unit.
§11B-2-27. Expenditure of appropriations -- Payment of personal
services.
A requisition for the payment of personal services shall upon
receipt by the director of the budget be checked against the
personnel schedule of the spending unit making the requisition.
The director shall approve a requisition for personal services only
if the amounts requested are in accordance with the personnel
schedule of the spending unit.
§11B-2-28. Expenditure of appropriations -- Legislative and
judicial expenditures.
(a) The provisions of sections twenty-six and twenty-seven of
this article shall not apply to the expenditure of amounts
appropriated for the use of the Legislature or for the judiciary.
(b) In the case of appropriations made for the Legislature,
the clerk of the House of Delegates or the clerk of the Senate
shall present his or her requisition directly to the auditor.
(c) In the case of appropriations made for the judiciary, the
clerk of the court shall present his or her requisition or claim directly to the auditor.
(d) In the case of appropriations made for criminal charges,
the clerk or the proper officer shall present his or her claim
directly to the auditor.
§11B-2-29. Appropriations for officers, commissions, boards or
institutions without office at capitol.
All appropriations now or hereafter made for officers,
commissions, boards or institutions, public or private, other than
state institutions of higher education, state charitable
institutions, state hospitals and sanitariums and state penal and
correctional institutions, not having an office at the state
capitol, shall, unless otherwise provided by law, be expended on
requisitions of the officer, commission, board or institution,
after approval by the secretary of the department of revenue.
§11B-2-30. Submission of requests, amendments, reports, etc., to
legislative auditor; misdemeanor penalty for noncompliance.
(a) The provisions of sections three, eleven, twelve,
thirteen, nineteen and twenty-three of this article and section
twenty-five, article two, chapter five-a of this code requiring the
secretary or the spending officer of the spending units to supply
copies of the documents specified therein to the legislative
auditor shall be strictly adhered to by all persons.
(b) Any failure by any person to comply with the provisions of subsection (a) of this section shall be a misdemeanor and, upon
conviction thereof, the person shall be fined the sum of one
thousand dollars. This penalty shall be in addition to other
penalties provided elsewhere in this article and other remedies
provided by law.
§11B-2-31. Effectuation of transfer of budget section and
transition.
To effectuate the transfer of the budget section of the
finance division, department of administration to the department of
revenue upon the effective date of this section in the year two
thousand four:
(1) All employees, records, responsibilities, obligations,
assets and property, of whatever kind and character, of the budget
section, finance division of the department of administration, are
hereby transferred to the state budget office of the department of
revenue beginning the effective date of this section in the year
two thousand four.
(2) The unencumbered balances of all funds allocated to the
budget section of the division of finance for fiscal years ending
the thirtieth day of June, two thousand four, and the fiscal year
ending the thirtieth day of June, two thousand five, are hereby
transferred to the state budget office of the department of revenue
on the effective date of this section in the year two thousand four.
(3) All orders, determinations, rules, permits, grants,
contracts, certificates, licenses, waivers, bonds, authorizations
and privileges which have been issued, made, granted or allowed to
become effective by the governor, any state department or agency or
official thereof, or by a court of competent jurisdiction, in the
performance of functions which have been transferred to the
secretary of the department of revenue or to the department of
revenue, and were in effect on the date the transfer occurred
continue in effect, for the benefit of the department, according to
their terms until modified, terminated, superseded, set aside, or
revoked in accordance with the law by the governor, the secretary
of revenue, or other authorized official, a court of competent
jurisdiction or by operation of law.
(4) Any proceedings, including, but not limited to, notices of
proposed rulemaking, in which the budget section, finance division
of the department of administration was an initiating or responding
party are not affected by the transfer of the budget section to the
department of revenue. Orders issued in any proceedings continue
in effect until modified, terminated, superseded or revoked by the
governor, the secretary of revenue, by a court of competent
jurisdiction or by operation of law. Nothing in this subdivision
prohibits the discontinuance or modification of any proceeding under the same terms and conditions and to the same extent that a
proceeding could have been discontinued or modified if the division
had not been transferred to the department of revenue. Transfer of
the budget section of the finance division does not affect suits
commenced prior to the effective date of the transfer and all such
suits and proceedings shall be had, appeals taken and judgments
rendered in the same manner and with like effect as if the transfer
had not occurred, except that the secretary of the department of
revenue or other officer may, in an appropriate case, be
substituted or added as a party.;
And,
On pages one through three, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 149--A Bill
to repeal §5A-2-2, §5A-2-3, §5A-2-4, §5A-2-5, §5A-2-6, §5A-2-7,
§5A-2-8, §5A-2-9, §5A-2-10, §5A-2-11, §5A-2-12, §5A-2-13, §5A-2-14,
§5A-2-14a, §5A-2-15, §5A-2-16, §5A-2-17, §5A-2-18, §5A-2-19, §5A-2-
20, §5A-2-21, §5A-2-22, §5A-2-23, §5A-2-26, §5A-2-27, §5A-2-28,
§5A-2-29, §5A-2-30 and §5A-2-31 of the code of West Virginia, 1931,
as amended; to amend and reenact §5A-1-2, §5A-1-4 and §5A-1-5 of
said code; to amend and reenact §5A-2-1, §5A-2-24 and §5A-2-32 of
said code; and to amend said code by adding thereto a new chapter,
designated §11B-1-1, §11B-1-2, §11B-1-3, §11B-1-4, §11B-1-5, §11B-1-6, §11B-1-7, §11B-2-1, §11B-2-2, §11B-2-3, §11B-2-4, §11B-2-5,
§11B-2-6, §11B-2-7, §11B-2-8, §11B-2-9, §11B-2-10, §11B-2-11, §11B-
2-12, §11B-2-13, §11B-2-14, §11B-2-15, §11B-2-16, §11B-2-17,
§11B-2-18, §11B-2-19, §11B-2-20, §11B-2-21, §11B-2-22, §11B-2-23,
§11B-2-24, §11B-2-25, §11B-2-26, §11B-2-27, §11B-2-28, §11B-2-29,
§11B-2-30 and §11B-2-31, all relating generally to department of
tax and revenue and office of secretary of tax and revenue and
their powers, duties and responsibilities; changing the name of
department of tax and revenue to department of revenue; changing
name of office of secretary of tax and revenue to office of
secretary of revenue; increasing membership of council of finance
and administration by making secretary of revenue an ex officio
member; continuing misdemeanor penalties for noncompliance by
secretaries and spending officers with requirements to provide
certain budget and budget-related information; identifying
agencies, boards, commissions, division and offices comprising
department of revenue; specifying powers and duties of secretary;
requiring periodic reports; authorizing delegations of authority;
providing rules for safeguarding confidential information;
providing right of appeal from interference with functioning of an
agency; transferring budget section of finance division of
department of administration to department of revenue and making
secretary of revenue state budget director; providing rules to effectuate transfer of budget section and transition; moving
language pertaining to work of budget section and preparation of
budget to new chapter of the code; and making other technical or
conforming changes to implement or effectuate these various
changes.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 149, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 149) passed with its House of
Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 200, Requiring state police to annually
report to Legislature effectiveness of recruiting minorities.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 286, Relating to assessment of regulated
consumer lenders.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Senate Bill No. 321, Providing personal income tax
adjustment to gross income of certain retirees.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page three, section twelve-d, line twenty-three, after the
word "one" by changing the period to a colon and inserting the
following proviso: Provided, however, That the adjustment shall
terminate for the tax years on or after the first day of January, two thousand seven.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 321, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 321) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 323, Continuing office of explosives and
blasting.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 404, Clarifying term
"behavioral health services"; removing "community care services".
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 thirteen, section two, line two hundred forty-two,
after the word "abuse" by inserting the word "problems";
And,
On page thirteen, section two, line two hundred forty-six,
after the words "such care" by changing the period to a colon,
striking out the remainder of the subsection and inserting in lieu
thereof the following: Provided, That gross receipts derived from
providing behavioral health services that are included in the
provider's measure of tax under article twenty-seven of this
chapter shall not be included in that provider's measure of tax
under this article. The amendment to this definition in the year
two thousand four is intended to clarify the intent of the
Legislature as to the activities that qualify as behavioral health
services, and this clarification shall be applied retrospectively to the effective date of the amendment to this section in which the
definition of "behavioral health services" was originally provided
as enacted during the first extraordinary session of the
Legislature in the year one thousand nine hundred ninety-three.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 404, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: Bowman and McKenzie--2.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 404) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: Bowman and McKenzie--2.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 404) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Senate Bill No. 406, Relating to victim notification of
defendant's release.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page one, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.
§61-11A-8. Notification to victim of offender's release, placement or escape from custody.
(a) At the time a criminal prosecution is commenced by the
filing of a complaint, if the complaint charges a person with
committing an offense described in subsection (e) of this section,
then in such case the prosecuting attorney is required to provide
notice, in writing or by telephone, to the victim or a family
member that he or she may request that they be notified prior to or
at the time of any release of the accused from custody pending
judicial proceedings.
(b) If a person is convicted of an offense described in
subsection (e) of this section, the prosecuting attorney is
required to provide notice, in writing or by telephone, to the
victim or a family member that he or she may request that they be
notified prior to or at the time of sentencing if the convicted
person will be placed on work release, home confinement or
probation.
(c) If a person is convicted of an offense described in
subsection (e) of this section and is imprisoned in a state
correctional facility or confined in a county or regional jail, the
commissioner of corrections, the regional jail supervisor or the
sheriff, as the case may be, is required to provide notice, in
writing or by telephone, to the victim or a family member that he
or she may request that they be notified prior to or at the time of:
(1) Releasing the convicted person from imprisonment in any
correctional facility;
(2) Releasing the convicted person from confinement in any
county or regional jail;
(3) Placing the convicted person in a halfway house or other
nonsecure facility to complete his or her sentence; or
(4) Any escape by the convicted person from a state
correctional facility or a county or regional jail.
(d) The notice shall include instructions for the victim or
the victim's family member on how to request the notification.
(e) Offenses which are subject to the provisions of this
section are as follows:
(1) Murder;
(2) Aggravated robbery;
(3) Sexual assault in the first degree;
(4) Kidnapping;
(5) Arson;
(6) Any sexual offense against a minor; or
(7) Any violent crime against a person.
(f) The commissioner of corrections, a regional jail
supervisor, a sheriff or a prosecuting attorney who receives a
written request for notification shall provide notice, in writing or by telephone, to the last known address or addresses or
telephone number or numbers provided by the victim or a member of
the victim's family or, in the case of a minor child, to the
custodial parent of the child in accordance with the provisions of
this section. In case of escape, notification shall be by
telephone, if possible.
(g) If one or more family members request notification and if
the victim is an adult and is alive and competent, notification
shall be sent to the victim, if possible, notwithstanding that the
victim did not request the notification.
(h) If notification by telephone to a victim is attempted,
notification is not complete unless it is given directly to the
person requesting notification and after that person's identity has
been verified. An attempted notification made to a voice mail or
another recording device or to another member of the household is
insufficient.
(i) For the purposes of this section, the following words or
phrases defined in this subsection have the meanings ascribed to
them. These definitions are applicable unless a different meaning
clearly appears from the context.
(1) "Filing of a complaint" means the filing of a complaint in
accordance with the requirements of rules promulgated by the
supreme court of appeals or the provisions of this code.
(2) "Victim" means a victim of a crime listed in subsection
(e) of this section who is alive and competent.
(3) "Victim's family member" means a member of the family of
a victim of a crime listed in subsection (e) of this section who is
not alive and competent.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 406, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 406) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Com. Sub. for Senate Bill No. 420, Relating generally to
motor fuels excise tax.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page three, section six, line four, after the word
"invoiced" by inserting the word "gallons";
And,
On page seven, section nine, line three, by striking out the
word "is" and inserting in lieu thereof the word "are".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 420, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 420) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 450, Relating to long-term care insurance
policies.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §33-15A-4, §33-15A-5 and §33-15A-6 of the code of West
Virginia, 1931, as amended, be amended and reenacted; and that said
code be amended by adding thereto four new sections, designated §33-15A-7, §33-15A-8, §33-15A-9 and §33-15A-10, all to read as
follows:
ARTICLE 15A. WEST VIRGINIA LONG-TERM CARE INSURANCE ACT.
§33-15A-4. Definitions.
(a) "Long-term care insurance" means any insurance policy or
rider advertised, marketed, offered or designed to provide benefits
coverage for not less than twenty-four twelve consecutive months
for each covered person on an expense incurred, indemnity, prepaid
or other basis; for one or more necessary or medically necessary
diagnostic, preventive, therapeutic, rehabilitative, maintenance or
personal care services, provided in a setting other than an acute
care unit of a hospital. The term includes group and individual,
annuities and life insurance policies or riders whether that
provide directly or supplement long-term care insurance. The term
also includes a policy or rider that provides for payment of
benefits based upon cognitive impairment or the loss of functional
capacity. The term shall also include qualified long-term care
insurance contracts. Long-term care insurance may be issued by
insurers; fraternal benefit societies; nonprofit health, hospital,
and medical service corporations; prepaid health plans; health
maintenance organizations, prepaid limited health service
organizations or any similar organization. Any to the extent they
are otherwise authorized to issue life or health insurance. Long-term care insurance shall not include any insurance policy
which that is offered primarily to provide basic medicare
supplement coverage, basic hospital expense coverage, basic
medical-surgical expense coverage, hospital confinement indemnity
coverage, major medical expense coverage, disability income
protection or related asset-protection coverage, accident only
coverage, specified disease or specified accident coverage, or
limited benefit health coverage. which also contains With regard
to life insurance, this term does not include life insurance
policies that accelerate the death benefit specifically for one or
more of the qualifying events of terminal illness, medical
conditions requiring extraordinary medical intervention or
permanent institutional confinement and that provide the option of
a lump sum payment for those benefits and where neither the
benefits nor the eligibility for the benefits is conditioned upon
the receipt of long-term care. Notwithstanding any other provision
of this article, any product advertised, marketed or offered as
long-term care insurance benefits for at least six months shall
comply with be subject to the provisions of this article.
(b) "Applicant" means:
(1) In the case of an individual long-term care insurance
policy, the person who seeks to contract for benefits; and
(2) In the case of a group long-term care insurance policy, the proposed certificate holder.
(c) "Certificate" means, for the purposes of this article, any
certificate issued under a group long-term care insurance policy,
which policy has been delivered or issued for delivery in this
state.
(d) "Commissioner" means the insurance commissioner of this
state.
(e) "Group long-term care insurance" means a long-term care
insurance policy which that is delivered or issued for delivery in
this state and issued to:
(1) One or more employers or labor organizations, or to a
trust or to the trustees of a fund established by one or more
employers or labor organizations or a combination thereof, for
employees or former employees or a combination thereof or for
members or former members or a combination thereof, of the labor
organizations; or
(2) Any professional, trade or occupational association for
its members or former or retired members, or combination thereof,
if the association:
(A) Is composed of individuals all of whom are or were
actively engaged in the same profession, trade or occupation; and
(B) Has been maintained in good faith for purposes other than
obtaining insurance; or
(3) An association or a trust or the trustee or trustees of a
fund established, created or maintained for the benefit of members
of one or more associations. Prior to advertising, marketing or
offering the policy within this state, the association or
associations, or the insurer of the association or associations,
shall file evidence with the commissioner that the association or
associations have at the outset a minimum of one hundred persons
and have been organized and maintained in good faith for the
purposes other than that of obtaining insurance; have been in
active existence for at least one year; and have a constitution and
bylaws which that provide that:
(A) The association or associations hold regular meetings not
less than annually to further purposes of the members;
(B) Except for credit unions, the association or associations
collect dues or solicit contributions from members; and
(C) The members have voting privileges and representation on
the governing board and committees.
Thirty days after the filing the association or associations
will be deemed to satisfy such the organizational requirements,
unless the commissioner makes a finding that the association or
associations do not satisfy those organizational requirements;
(4) A group other than as described in subdivisions (1), (2)
and (3) of this subsection, subject to a finding by the commissioner that:
(A) The issuance of the group policy is not contrary to the
best interest of the public;
(B) The issuance of the group policy would result in economies
of acquisition or administration; and
(C) The benefits are reasonable in relation to the premiums
charged.
(f) "Policy" means, for the purposes of this article, any
policy, contract, subscriber agreement, rider or endorsement
delivered or issued for delivery in this state by an insurer;
fraternal benefit society; nonprofit health, hospital or medical
service corporation; prepaid health plan; health maintenance
organization, prepaid limited health service organization or any
similar organization.
(g) (1) "Qualified long-term care insurance contract" or
"federally tax qualified long-term care insurance contract" means
an individual or group insurance contract that meets the
requirements of Section 7702B(b) of the Internal Revenue Code of
1986, as amended, as follows:
_____(A) The only insurance protection provided under the contract
is coverage of qualified long-term care services. A contract shall
not fail to satisfy the requirements of this paragraph by reason of
payments being made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the
payments relate;
_____(B) The contract does not pay or reimburse expenses incurred
for services or items to the extent that the expenses are
reimbursable under Title XVIII of the Social Security Act, as
amended, or would be so reimbursable but for the application of a
deductible or coinsurance amount. The requirements of this
paragraph do not apply to expenses that are reimbursable under
Title XVIII of the Social Security Act only as a secondary payor.
A contract shall not fail to satisfy the requirements of this
paragraph by reason of payments being made on a per diem or other
periodic basis without regard to the expenses incurred during the
period to which the payments relate;
_____(C) The contract is guaranteed renewable, within the meaning
of Section 7702B(b)(1)(C) of the Internal Revenue Code of 1986, as
amended;
_____(D) The contract does not provide for a cash surrender value
or other money that can be paid, assigned, pledged as collateral
for a loan or borrowed except as provided in paragraph (E) of this
subdivision;
_____(E) All refunds of premiums and all policyholder dividends or
similar amounts under the contract are to be applied as a reduction
in future premiums or to increase future benefits, except that a refund on the event of death of the insured or a complete surrender
or cancellation of the contract cannot exceed the aggregate
premiums paid under the contract; and
_____(F) The contract meets the consumer protection provisions set
forth in Section 7702B(g) of the Internal Revenue Code of 1986, as
amended.
_____(2) "Qualified long-term care insurance contract" or
"federally tax-qualified long-term care insurance contract" also
means the portion of a life insurance contract that provides
long-term care insurance coverage by rider or as part of the
contract and that satisfies the requirements of Sections 7702B(b)
and (e) of the Internal Revenue Code of 1986, as amended.
§33-15A-5. Extraterritorial jurisdiction - Group long-term care
insurance.
(a) No group long-term care insurance coverage may be offered
to a resident of this state under a group policy issued in another
state to a group described in subdivision (4), subsection (e),
section four of this article unless this state or another state
having statutory and regulatory long-term care insurance
requirements substantially similar to those adopted in this state
has made a determination that such requirements have been met.
(b) Any such group policy form and any group certification
form issued under the group, shall be filed with the commissioner for informational purposes with evidence of the determination
required by subsection (a) of this section.
§33-15A-6. Disclosure and performance standards for long-term care
insurance.
(a) The commissioner may adopt rules and regulations that
include standards for full and fair disclosure setting forth the
manner, content and required disclosures for the sale of long-term
care insurance policies, terms of renewability, initial and
subsequent conditions of eligibility, nonduplication of coverage
provisions, coverage of dependents, preexisting conditions,
termination of insurance, continuation or conversion, probationary
periods, limitations, exceptions, reductions, elimination periods,
requirements for replacement, recurrent conditions and definitions
of terms.
(b) No long-term care insurance policy may:
(1) Be canceled, nonrenewed or otherwise terminated on the
grounds of the age or the deterioration of the mental or physical
health of the insured individual or certificate holder; or
(2) Contain a provision establishing a new waiting period in
the event existing coverage is converted to or replaced by a new or
other form within the same company, except with respect to an
increase in benefits voluntarily selected by the insured individual
or group policyholder; or
(3) Provide coverage for skilled nursing care only or provide
significantly more coverage for skilled care in a facility than
coverage for lower levels of care.
(c) Preexisting condition. --
(1) No long-term care insurance policy or certificate other
than a policy or certificate thereunder issued to a group as
defined in subdivision (1), subsection (e), section four of this
article shall use a definition of "preexisting condition" which
that is more restrictive than the following: Preexisting condition
means a condition for which medical advice or treatment was
recommended by, or received from a provider of health care
services, within six months preceding the effective date of
coverage of an insured person.
(2) No long-term care insurance policy or certificate other
than a policy or certificate thereunder issued to a group as
defined in subdivision (1), subsection (e), section four of this
article may exclude coverage for a loss or confinement which that
is the result of a preexisting condition unless such loss or
confinement begins within six months following the effective date
of coverage of an insured person.
(3) The commissioner may extend the limitation periods set
forth in subdivisions (1) and (2), subsection (c) of this section
as to specific age group categories in specific policy forms upon findings that the extension is in the best interest of the public.
(4) The definition of "preexisting condition" does not
prohibit an insurer from using an application form designed to
elicit a the complete health history of an applicant, and, on the
basis of the answers on that application, from underwriting in
accordance with that insurer's established underwriting standards.
Unless otherwise provided in the policy or certificate, a
preexisting condition, regardless of whether it is disclosed on the
application, need not be covered until the waiting period described
in subdivision (2), subsection (c) of this section expires. No
long-term care insurance policy or certificate may exclude or use
waivers or riders of any kind to exclude, limit or reduce coverage
or benefits for specifically named or described preexisting
diseases or physical conditions beyond the waiting period described
in subdivision (2), subsection (c) of this section.
(d) Prior hospitalization/institutionalization. --
(1) Effective July 1, 1990, no No long-term care insurance
policy may be delivered or issued for delivery in this state if
such the policy:
(A) Conditions eligibility for any benefits on a prior
hospitalization requirement; or
(B) Conditions eligibility for benefits provided in an
institutional care setting on the receipt of a higher level of institutional care; or
_____(C) Conditions eligibility for any benefits other than waiver
of premium, post-confinement, post-acute care or recuperative
benefits on a prior institutionalization requirement.
(2) (A) Effective July 1, 1990, a A long-term care insurance
policy containing any limitations or conditions for eligibility
other than those prohibited above in paragraph (1)
post-confinement, post-acute care or recuperative benefits shall
clearly label in a separate paragraph of the policy or certificate
entitled "Limitations or Conditions on Eligibility for Benefits"
such limitations or conditions, including any required number of
days of confinement.
(A) A long-term care insurance policy containing a benefit
advertised, marketed or offered as a home health care or home care
benefit may not condition receipt of benefits on a prior
institutionalization requirement.
(B) A long-term care insurance policy which or rider that
conditions eligibility of noninstitutional benefits on the prior
receipt of institutional care shall not require a prior
institutional stay of more than thirty days. for which benefits
are paid
(3) No long-term care insurance policy which or rider that
provides benefits only following institutionalization shall condition such benefits upon admission to a facility for the same
or related conditions within a period of less than thirty days
after discharge from the institution.
(e) The commissioner may adopt regulations rules establishing
loss ratio standards for long-term care insurance policies provided
that a specific reference to long-term care insurance policies is
contained in the regulation rule.
(f) Right to return - Free look. --
(1) Individual long-term Long-term care insurance
policyholders applicants shall have the right to return the policy
or certificate within ten thirty days of its delivery and to have
the premium refunded if, after examination of the policy or
certificate, the policyholder is not satisfied for any reason.
Individual long-term care insurance policies shall have a notice
prominently printed on the first page of the policy or attached
thereto stating in substance that the policyholder shall have the
right to return the policy within ten days of its delivery and to
have the premium refunded if, after examination of the policy, the
policyholder is not satisfied for any reason.
(2) A person insured under a long-term care insurance policy
issued pursuant to a direct response solicitation shall have the
right to return the policy within thirty days of its delivery and
to have the premium refunded if, after examination, the insured person applicant is not satisfied for any reason. Long-term care
insurance policies issued pursuant to a direct response
solicitation and certificates shall have a notice prominently
printed on the first page or attached thereto stating in substance
that the insured person applicant shall have the right to return
the policy or certificate within thirty days of its delivery and to
have the premium refunded if, after examination the insured person
of the policy or certificate, other than a certificate issued
pursuant to a policy issued to a group defined in subdivision (1),
subsection (e), section four of this article, the applicant is not
satisfied for any reason.
(2) This subsection shall also apply to denials of
applications and any refund must be made within thirty days of the
return or denial.
(g) Outline of coverage. --
(1) An outline of coverage shall be delivered to a prospective
applicant for long-term care insurance at the time of initial
solicitation through means which that prominently direct the
attention of the recipient to the document and its purpose.
(A) The commissioner shall prescribe a standard format,
including style, arrangement and overall appearance, and the
content of an outline of coverage.
(B) In the case of agent solicitations, an agent must deliver the outline of coverage prior to the presentation of an application
or enrollment form.
(C) In the case of direct response solicitations, the outline
of coverage must be presented in conjunction with any application
or enrollment form.
(D) In the case of a policy issued to a group defined in
subdivision (1), subsection (e), section four of this article, an
outline of coverage shall not be required to be delivered, provided
that the information described in paragraphs (A) through (F),
inclusive, subdivision (2) of this subsection, is contained in
other materials relating to enrollment. Upon request, these other
materials shall be made available to the commissioner.
(2) The outline of coverage shall include:
(A) A description of the principal benefits and coverage
provided in the policy;
(B) A statement of the principal exclusions, reductions, and
limitations contained in the policy;
(C) A statement of the terms under which the policy or
certificate, or both, may be continued in force or discontinued,
including any reservation in the policy of a right to change
premium. Continuation or conversion provisions of group coverage
shall be specifically described;
(D) A statement that the outline of coverage is a summary only, not a contract of insurance, and that the policy or group
master policy contain governing contractual provisions;
(E) A description of the terms under which the policy or
certificate may be returned and premium refunded; and
(F) A brief description of the relationship of cost of care
and benefits; and
_____(G) A statement that discloses to the policyholder or
certificate holder whether the policy is intended to be a federally
tax-qualified long-term care insurance contract under Section
7702(B)(b) of the Internal Revenue Code of 1986, as amended.
(h) A certificate issued pursuant to a group long-term care
insurance policy which policy that is delivered or issued for
delivery in this state shall include:
(1) A description of the principal benefits and coverage
provided in the policy;
(2) A statement of the principal exclusions, reductions and
limitations contained in the policy; and
(3) A statement that the group master policy determines
governing contractual provisions.
(i) Any policy advertising, marketing or offering long-term
care or nursing home insurance benefits shall comply with the
provisions of this act. If an applicant for a long-term care
insurance contract or certificate is approved, the issuer shall deliver the contract or certificate of insurance to the applicant
no later than thirty days after the date of approval.
_____(j) At the time of policy delivery, a policy summary shall be
delivered for an individual life insurance policy that provides
long-term care benefits within the policy or by rider. In the case
of direct response solicitations, the insurer shall deliver the
policy summary upon the applicant's request, but regardless of
request shall make delivery no later than at the time of policy
delivery. In addition to complying with all applicable
requirements, the summary shall also include:
_____(1) An explanation of how the long-term care benefit interacts
with other components of the policy, including deductions from
death benefits;
_____(2) An illustration of the amount of benefits, the length of
benefit and the guaranteed lifetime benefits if any, for each
covered person;
_____(3) Any exclusions, reductions and limitations on benefits of
long-term care;
_____(4) A statement that any long-term care inflation protection
option required by section eight of the commissioner's rule
relating to long-term care insurance is not available under this
policy; and
_____(5) If applicable to the policy type, the summary shall also include:
_____(A) A disclosure of the effects of exercising other rights
under the policy;
_____(B) A disclosure of guarantees related to long-term care costs
of insurance charges; and
_____(C) Current and projected maximum lifetime benefits.
_____(k) Any time a long-term care benefit, funded through a life
insurance vehicle by the acceleration of the death benefit, is in
benefit payment status, a monthly report shall be provided to the
policyholder. The report shall include:
_____(1) Any long-term care benefits paid out during the month;
_____(2) An explanation of any changes in the policy, for example
death benefits or cash values, due to long-term care benefits being
paid out; and
_____(3) The amount of long-term care benefits existing or
remaining.
_____(l) If a claim under a long-term care insurance contract is
denied, the issuer shall, within sixty days of the date of a
written request by the policyholder or certificate holder, or a
representative thereof:
_____(1) Provide a written explanation of the reasons for the
denial; and
_____(2) Make available all information directly related to the denial.
_____(m) Any policy or rider advertised, marketed or offered as
long-term care or nursing home insurance shall comply with the
provisions of this article.
§33-15A-7. Incontestability period.
(a) For a policy or certificate that has been in force for
less than six months an insurer may rescind a long-term care
insurance policy or certificate or deny an otherwise valid
long-term care insurance claim upon a showing of misrepresentation
that is material to the acceptance for coverage.
(b) For a policy or certificate that has been in force for at
least six months but less than two years, an insurer may rescind a
long-term care insurance policy or certificate or deny an otherwise
valid long-term care insurance claim upon a showing of
misrepresentation that is both material to the acceptance for
coverage and which pertains to the condition for which benefits are
sought.
(c) After a policy or certificate has been in force for two
years it is not contestable upon the grounds of misrepresentation
alone. The policy or certificate may be contested only upon a
showing that the insured knowingly and intentionally misrepresented
relevant facts relating to the insured's health.
(d) No long-term care insurance policy or certificate may be field issued based on medical or health status. For purposes of
this subsection, "field issued" means a policy or certificate
issued by an agent or a third-party administrator pursuant to the
underwriting authority granted to the agent or third-party
administrator by an insurer.
(e) If an insurer has paid benefits under the long-term care
insurance policy or certificate, the benefit payments may not be
recovered by the insurer in the event that the policy or
certificate is rescinded.
(f) In the event of the death of the insured, this section
shall not apply to the remaining death benefit of a life insurance
policy that accelerates benefits for long-term care. In this
situation, the remaining death benefits under these policies shall
be governed by section four, article thirteen of this chapter. In
all other situations, this section shall apply to life insurance
policies that accelerate benefits for long-term care.
§33-15A-8. Nonforfeiture benefits.
(a) Except as provided in subsection (b) of this section, a
long-term care insurance policy may not be delivered or issued for
delivery in this state unless the policyholder or certificate
holder has been offered the option of purchasing a policy or
certificate including a nonforfeiture benefit. The offer of a
nonforfeiture benefit may be in the form of a rider that is attached to the policy. In the event the policyholder or
certificate holder declines the nonforfeiture benefit, the insurer
shall provide a contingent benefit upon lapse that shall be
available for a specified period of time following a substantial
increase in premium rates.
(b) When a group long-term care insurance policy is issued,
the offer required in subsection (a) of this section shall be made
to the group policyholder. However, if the policy is issued as
group long-term care insurance as defined in subdivision (4),
subsection (e), section four of this article, other than to a
continuing care retirement community or other similar entity, the
offering shall be made to each proposed certificate holder.
(c) The commissioner may promulgate rules pursuant to chapter
twenty-nine-a of this code specifying the type or types of
nonforfeiture benefits to be offered as part of long-term care
insurance policies and certificates, the standards for
nonforfeiture benefits and the rules regarding contingent benefit
upon lapse, including a determination of the specified period of
time during which a contingent benefit upon lapse will be available
and the substantial premium rate increase that triggers a
contingent benefit upon lapse as described in subsection (a) of
this section.
§33-15A-9. Authority to promulgate rules.
The commissioner may issue reasonable rules pursuant to
chapter twenty-nine-a of this code to promote premium adequacy and
to protect the policyholder in the event of substantial rate
increases and to establish minimum standards for marketing
practices, agent compensation, agent testing, penalties and
reporting practices for long-term care insurance.
§33-15A-10. Penalties.
In addition to any other penalties provided by the laws of
this state, any insurer and any agent found to have violated any
requirement of this state relating to the regulation of long-term
care insurance or the marketing of such insurance shall be subject
to a fine of up to three times the amount of any commissions paid
for each policy involved in the violation or up to ten thousand
dollars, whichever is greater.;
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. 450--A Bill to amend and reenact §33-15A-
4, §33-15A-5 and §33-15A-6 of the code of West Virginia, 1931, as
amended; and to amend said code by adding thereto four new
sections, designated §33-15A-7, §33-15A-8, §33-15A-9 and §33-15A-
10, all relating to the regulation of long-term care insurance
policies; defining terms; establishing extraterritorial jurisdiction; summarizing disclosure and performance standards for
long-term care insurance; instituting and regulating an
incontestability period; disclosing nonforfeiture benefits;
providing the commissioner authority to promulgate regulations;
providing penalties; and establishing an effective date.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 450, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 450) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 454, Relating
to land-use planning.
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 forty-six, section twelve, line four, by striking out
the word "shall" and inserting in lieu thereof the word "may";
On page forty-six, section twelve, line five, after the word
"chapter" by inserting the words "or until the plans are revised,
amended or replaced in accordance with this chapter";
On page fifty, section two, line forty, after the word
"charged" by inserting the words "which are proportioned to the
cost of checking and verifying proposed plats";
On page fifty-nine, section six, line six, by striking out the
word "thirty" and inserting in lieu thereof the word "forty-five";
On page eighty-five, section ten, lines seventeen and
eighteen, after the word "maintained" by inserting a comma and the
words "and no zoning ordinance may prohibit alterations or
additions to or replacement of buildings or structures owned by any farm, industry or manufacturer, or the use of land presently owned
by any farm, industry or manufacturer but not used for
agricultural, industrial or manufacturing purposes, or the use or
acquisition of additional land which may be required for the
protection, continuing development or expansion of any
agricultural, industrial or manufacturing operation of any present
or future satellite agricultural, industrial or manufacturing use";
On page eighty-five, section ten, lines twenty-five through
twenty-seven, by striking out the words "in the case of natural
resources, the absence of natural resources extraction or
harvesting is not" and inserting in lieu thereof the words "neither
the absence of natural resources extraction or harvesting nor the
absence of any particular agricultural, industrial or manufacturing
process may be construed as";
On page eighty-six, section eleven, line six, by striking out
the word "may" and inserting in lieu thereof the word "shall";
On page eighty-six, section eleven, by striking out all of
subdivision (2) and inserting in lieu thereof a new subdivision
(2), to read as follows:
"(2) Arises from special conditions or attributes which
pertain to the property for which a variance is sought and which
were not created by the person seeking the variance;";
On page one hundred, section eleven, line twenty-one, after the word "decision." by adding the following: If the board fails
to provide findings of fact and conclusions of law adequate for
decision by the circuit court and, as a result of the failure, the
circuit court returns an appealed matter to the board and dismisses
jurisdiction over an applicant's appeal without deciding the
matter, whether the court returns the matter with or without
restrictions, the board shall pay any additional costs for court
filing fees, service of process and reasonable attorneys' fees
required to permit the person appealing the board's decision to
return the matter to the circuit court for completion of the
appeal.;
On page one hundred four, section two, line forty-three, by
striking out the word "Notice" and inserting in lieu thereof the
words "As an alternative to the requirements for notice prescribed
in the preceding subsections of this section, notice";
On page one hundred forty, section twenty-one, lines two and
three, by striking out the words "sixth day of June" and inserting
in lieu thereof the words "first day of January";
And,
On pages one through three, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 454--A Bill
to repeal §8-24-1, §8-24-2, §8-24-3, §8-24-4, §8-24-5, §8-24-6, §8-24-7, §8-24-8, §8-24-9, §8-24-10, §8-24-11, §8-24-12, §8-24-13, §8-
24-14, §8-24-15, §8-24-16, §8-24-17, §8-24-18, §8-24-19, §8-24-20,
§8-24-21, §8-24-22, §8-24-23, §8-24-24, §8-24-25, §8-24-26, §8-24-
27, §8-24-28, §8-24-29, §8-24-30, §8-24-31, §8-24-32, §8-24-33, §8-
24-34, §8-24-35, §8-24-36, §8-24-37, §8-24-38, §8-24-39, §8-24-40,
§8-24-41, §8-24-42, §8-24-43, §8-24-44, §8-24-45, §8-24-46, §8-24-
47, §8-24-48, §8-24-49, §8-24-50, §8-24-50a, §8-24-50b, §8-24-51,
§8-24-52, §8-24-53, §8-24-54, §8-24-55, §8-24-56, §8-24-57, §8-24-
58, §8-24-59, §8-24-60, §8-24-61, §8-24-62, §8-24-63, §8-24-64,
§8-24-65, §8-24-66, §8-24-67, §8-24-68, §8-24-69, §8-24-70, §8-24-
71, §8-24-72, §8-24-73, §8-24-73a, §8-24-73b, §8-24-73c, §8-24-73d,
§8-24-74, §8-24-74a, §8-24-74b, §8-24-74c, §8-24-75, §8-24-76, §8-
24-77, §8-24-78, §8-24-79, §8-24-80, §8-24-81, §8-24-82, §8-24-83,
§8-24-84 and §8-24-85 of the code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new chapter,
designated §8A-1-1, §8A-1-2, §8A-2-1, §8A-2-2, §8A-2-3, §8A-2-4,
§8A-2-5, §8A-2-6, §8A-2-7, §8A-2-8, §8A-2-9, §8A-2-10, §8A-2-11,
§8A-3-1, §8A-3-2, §8A-3-3, §8A-3-4, §8A-3-5, §8A-3-6, §8A-3-7, §8A-
3-8, §8A-3-9, §8A-3-10, §8A-3-11, §8A-3-12, §8A-3-13, §8A-3-14,
§8A-4-1, §8A-4-2, §8A-4-3, §8A-4-4, §8A-4-5, §8A-4-6, §8A-4-7, §8A-
5-1, §8A-5-2, §8A-5-3, §8A-5-4, §8A-5-5, §8A-5-6, §8A-5-7, §8A-5-8,
§8A-5-9, §8A-5-10, §8A-5-11, §8A-5-12, §8A-6-1, §8A-6-2, §8A-6-3,
§8A-7-1, §8A-7-2, §8A-7-3, §8A-7-4, §8A-7-5, §8A-7-6, §8A-7-7, §8A-7-8, §8A-7-9, §8A-7-10, §8A-7-11, §8A-7-12, §8A-7-13, §8A-8-1, §8A-
8-2, §8A-8-3, §8A-8-4, §8A-8-5, §8A-8-6, §8A-8-7, §8A-8-8, §8A-8-9,
§8A-8-10, §8A-8-11, §8A-8-12, §8A-9-1, §8A-9-2, §8A-9-3, §8A-9-4,
§8A-9-5, §8A-9-6, §8A-9-7, §8A-10-1, §8A-10-2, §8A-10-3, §8A-10-4,
§8A-10-5, §8A-11-1, §8A-11-2, §8A-12-1, §8A-12-2, §8A-12-3, §8A-12-
4, §8A-12-5, §8A-12-6, §8A-12-7, §8A-12-8, §8A-12-9, §8A-12-10,
§8A-12-11, §8A-12-12, §8A-12-13, §8A-12-14, §8A-12-15, §8A-12-16,
§8A-12-17, §8A-12-18, §8A-12-19, §8A-12-20 and §8A-12-21, all
relating to land-use planning; authorizing planning commissions;
setting forth jurisdiction and requirements for various types of
planning commissions; requiring comprehensive plans; requiring
surveys and studies; establishing mandatory and optional components
of plans; establishing processes for adopting and amending plans;
authorizing ordinances; establishing process for enacting
ordinances; setting forth requirements for contents of ordinances;
providing for subdivision or land development ordinances; providing
for subdivision or land development plans and plats; establishing
processes for approval of minor and major subdivisions; requiring
plats to be recorded; setting forth appeal processes; providing for
methods of security for construction and development; establishing
vested property rights; providing for enforcement authority;
providing for elections on ordinances; providing for variances from
ordinances; providing for exemptions from ordinances; authorizing boards of zoning appeals; providing civil and criminal penalties;
providing for injunctions; validating prior plans and ordinances;
and incorporating special provisions for factory-built homes, group
residential facilities and voluntary farmland protection programs.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 454, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--33.
The nays were: Boley--1.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 454) passed with its House of
Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator McCabe, unanimous consent being
granted, Senator McCabe addressed the Senate regarding the passage
of Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 454.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Senate Bill No. 479, Relating to licensing foreign
insurers.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page three, section seven, line twenty-six, after the words
"provisions of" by inserting the words "section 1501".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 479, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 479) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 482, Reclassifying juvenile detention and
corrections facility employees.
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. 501, Relating to disqualification for
public retirement plan benefits; other provisions.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §5-10A-2 and §5-10A-3 of the code of West Virginia, 1931,
as amended, be amended and reenacted; that said code be amended by
adding thereto a new section, designated §5-10A-11; and that §15-
2A-2 and §15-2A-6 of said code be amended and reenacted, all to
read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 10A. DISQUALIFICATION FOR PUBLIC RETIREMENT PLAN BENEFITS.
§5-10A-2. Definitions.
(a) "Retirement plan" or "plan" means the public employees
retirement act, pursuant to article ten, chapter five of this code;
each municipal employees retirement plan, pursuant to article
twenty-two, chapter eight of this code; each policemen's and
firemen's pension and relief fund, pursuant to article twenty-two,
chapter eight of this code; the death, disability and retirement
fund of the department of public safety, pursuant to article two,
chapter fifteen of this code; the West Virginia state police
retirement system, pursuant to article two-a, chapter fifteen of this code; the state teachers retirement system, pursuant to
article seven-a, chapter eighteen of this code; the teachers
defined contribution retirement system, pursuant to article seven-
b, chapter eighteen of this code; the deputy sheriff retirement
system, pursuant to article fourteen-d, chapter seven of this code;
supplemental and additional retirement plans, pursuant to section
four-a, article twenty-three, chapter eighteen of this code; the
judges' retirement system, pursuant to article nine, chapter fifty-
one of this code; and any other plan established pursuant to this
code for the payment of pension, annuity, disability or other
benefits to any person by reason of his service as an officer or
employee of this state or of any political subdivision, agency or
instrumentality thereof, whenever such plan is supported, in whole
or in part, by public funds.
(b) "Beneficiary" means any person eligible for or receiving
benefits on account of the service for a public employer by a
participant in a retirement plan.
(c) "Benefits" means pension, annuity, disability or any other
benefits granted pursuant to a retirement plan.
(d) "Conviction" means a conviction on or after the effective
date of this article in any federal or state court of record
whether following a plea of guilty, not guilty or nolo contendere
and whether or not the person convicted was serving as an officer or employee of a public employer at the time of the conviction.
(e) "Less than honorable service" means:
(1) Impeachment and conviction of a participant under the
provisions of section nine, article four of the constitution of
West Virginia, except for a misdemeanor; or
(2) Conviction of a participant of a felony for conduct
related to his office or employment, which he committed while
holding such office or during such employment; or
(3) Conduct of a participant which constitutes all of the
elements of a crime described in either of the foregoing
subdivision (1) or (2) but for which the participant was not
convicted because:
(i) Having been indicted for such crime, he or she made a plea
bargaining agreement pursuant to which he pleaded guilty to or nolo
contendere to a lesser crime; or
(ii) Having been indicted for such crime, he or she was
granted immunity from prosecution for the same; or
(iii) Having been named as an unindicted co-conspirator in an
indictment of another person for such a crime, which indictment
resulted in the conviction of such other person, he or she was not
prosecuted for such crime or conspiracy therefor.
(f) "Participant" means any person eligible for or receiving
any benefit under a retirement plan on account of his service as an officer or employee for a public employer.
(g) "Public employer" means the state of West Virginia and any
political subdivision, agency or instrumentality thereof for which
there is established a retirement plan.
(h) "Supervisory board" or "board" means the board of trustees
of the West Virginia public employees retirement system; the board
of trustees of any municipal retirement fund; the board of trustees
of any policemen's or firemen's retirement plan; the retirement
board of the department of public safety; the state treasurer,
state auditor and one other member of the board of public works so
designated by the governor to sit on the supervisory board of the
judges' retirement plan (who shall for the purpose of this article
constitute the board); the designated members of the state teachers
retirement system established pursuant to section five, article
seven-a, chapter eighteen of this code; the governing board of any
supplemental retirement plan instituted pursuant to authority
granted by section four-a, article twenty-three, chapter eighteen
of this code; and any other board, commission or public body having
the duty to supervise and operate any retirement plan.
§5-10A-3. Notice of intention to terminate benefits; waiver;
failure to reply.
Whenever a supervisory board, upon receipt of a verified
complaint or otherwise, has reasonable cause to believe that a participant rendered less than honorable service as defined in
section two of this article, it shall notify the affected
participant or beneficiary that it believes that the participant
rendered less than honorable service and that the participant or
beneficiary is thereby ineligible to receive benefits. No
supervisory board shall may issue such notice:
(1) If more than one year has two years have elapsed since the
judgment of conviction upon which such notice is based became
final; or
(2) In the cases described in subdivision (3), subsection (e),
section two of this article, if more than one year has two years
have elapsed since, as the case may be, the plea bargaining
agreement, the grant of immunity or, in the event the participant
was named as an unindicted co-conspirator for a crime, the
conviction of another person for such crime; or: Provided, That
with respect to conduct which occurred prior to the effective date
of this section no more than one year may have elapsed.
_____(3) With respect to conduct which occurred prior to the
effective date of this article.
The notice shall contain a concise statement of the reasons
why the board believes that the participant rendered less than
honorable service and shall be made either by personal service or
by certified mail, return receipt requested, to the address which the participant or beneficiary maintains for purposes of
corresponding with the board. If notice is made by certified mail,
service shall be deemed complete upon mailing and a completed
receipt shall constitute proof of the receipt thereof. The notice
shall inform the participant or beneficiary that he has the right
to demand that the board seek a determination in circuit court of
his eligibility for benefits and membership in the retirement plan
by notifying the board of such demand within forty days. The notice
shall also inform the participant or beneficiary that the board
will terminate the benefits in accordance with section four of this
article and refund the participant's contributions with interest
less benefits previously paid as provided in section six of this
article if the participant or beneficiary either waives the right
to demand that the board take the matter before the circuit court
or fails to respond to the board's notice within forty days after
service.
§5-10A-11. Notification from prosecuting attorneys.
The prosecuting attorney of each county of this state shall
within sixty days of a conviction or plea agreement in his or her
county meeting the definition of less than honorable service report
the same to the executive director of the consolidated public
retirement board, including with the report the indictment, plea
agreement or any order finding the defendant guilty.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-2. Definitions.
As used in this article, unless the context clearly requires
a different meaning:
(1) "Active military duty" means full-time active duty with
the armed forces of the United States, namely, the United States
air force, army, coast guard, marines or navy; and service with the
national guard or reserve military forces of any of the armed
forces when the member has been called to active full-time duty and
has received no compensation during the period of that duty from
any person other than the armed forces.
(2) "Base salary" means compensation paid to a member without
regard to any overtime pay.
(3) "Board" means the consolidated public retirement board
created pursuant to article ten-d, chapter five of this code.
(4) "Division" means the division of public safety.
(5) "Final average salary" means the average of the highest
annual compensation received for employment with the division,
including compensation paid for overtime service, received by the
member during any five years within the member's last ten years of
service.
(6) "Fund" means the West Virginia state police retirement fund created pursuant to section four of this article.
(7) "Member" or "employee" means a person regularly employed
in the service of the division of public safety after the effective
date of this article.
(8) "Salary" means the compensation of a member, excluding any
overtime payments.
(9) "Internal Revenue Code" means the Internal Revenue Code of
1986, as it has been amended.
(10) "Plan year" means the twelve-month period commencing on
the first day of July of any designated year and ending the
following thirtieth day of June.
(11) "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 he or she retires or otherwise separates
from service with the department.
(12) "Retirement system" or "system" means the West Virginia
state police retirement system created and established by this
article.
(13) "Month of service" means each month for which a member is
paid or entitled to payment for at least one hour of service for
which contributions were remitted to the fund. These months shall
be credited to the member for the calendar year in which the duties are performed.
_____(14) "Years of service" means the months of service acquired
by a member while in active employment with the department divided
by twelve. "Years of service" shall be calculated in years and
fraction of a year from the date of active employment of the member
with the department through the date of termination of employment
or retirement from the department. If a member returns to active
employment with the department following a previous termination of
employment with the department, and such member has not received a
refund of contributions plus interest for such previous employment
under section eight of this article, service shall be calculated
separately for each period of continuous employment and "years of
service" shall be the total service for all such periods of
employment. "Years of service" shall exclude any periods of
employment with the department for which a refund of contributions
plus interest has been paid to the member, unless the member repays
such previous withdrawal as provided for in section eight of this
article to reinstate such years of service.
§15-2A-6. Retirement; commencement of benefits.
A member may retire with full benefits upon attaining the age
of fifty-five fifty-two and completing twenty or more years of
service, by lodging with the consolidated public retirement board
his or her voluntary petition in writing for retirement. A member who is less than age fifty-five fifty-two may retire upon
completing twenty years or more of service: Provided, That he or
she will receive a reduced benefit that is of equal actuarial value
to the benefit the member would have received if the member
deferred commencement of his or her accrued retirement benefit to
the age of fifty-five fifty-two.
When the retirement board retires a member with full benefits
under the provisions of this section, the board, by order in
writing, shall make a determination that the member is entitled to
receive on annuity equal to two and three-fourths percent of his or
her final average salary multiplied by the number of years, and
fraction of a year, of his or her service in the division
department at the time of retirement. The member's annuity shall
begin the first day of the calendar month following the month in
which his or her application for the same is filed or lodged with
the board on or after his or her attaining age or service
requirements, and termination of employment.
In no event may the provisions of section thirteen, article
sixteen, chapter five of this code be applied in determining
eligibility to retire with either a deferred or immediate
commencement of benefit.;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 501--A Bill to amend and reenact §5-10A-2
and §5-10A-3 of the code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section, designated §5-10A-
11; and to amend and reenact §15-2A-2 and §15-2A-6 of said code,
all relating generally to the administration of state retirement
systems; providing that the disqualification of members from
receiving retirement benefits for less than honorable service
extends to members of the West Virginia state police retirement
system, the teachers defined contribution retirement system and the
deputy sheriff retirement system; increasing time to issue notice
to terminate benefits for less than honorable service; requiring
prosecuting attorneys to notify retirement board of convictions or
other disqualifying event; providing definitions for month of
service and years of service and specifying the starting date of
annuity received under the West Virginia state police retirement
system; and lowering the normal retirement age for certain members.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. S. B. No. 501) and
requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 556, Exempting retailers of
automobiles and trucks from definition of credit services
organizations.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page three, section two, line forty, after the word
"trucks" by changing the semicolon to a colon and inserting the
following proviso: "Provided, That the person is not extending
credit for a buyer, excluding assignments;".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 556, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 556) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 575, Continuing motor vehicle dealers
advisory board.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 578, Continuing design-build board.
A message from The Clerk of the House of Delegates announced
the passage by that body, without amendment, to take effect from
passage, and requested the concurrence of the Senate in the changed
effective date, of
Eng. Senate Bill No. 645, Appointing interim judges to court
of claims.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
On further motion of Senator Chafin, the Senate concurred in
the changed effective date of the bill, that being to take effect
from passage, instead of ninety days from passage.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Hunter--1.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 645) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 672, Relating to
municipalities' right to collect public utility fees.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Com. Sub. for Senate Bill No. 694, Establishing Fairness
in Competitive Bidding 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 four, section one, line thirty-five, by striking out
the words "public contracting entity shall" and inserting in lieu
thereof the words "contracting public entity may";
On page four, section one, line thirty-eight, by striking out
the words "public contracting entity" and inserting in lieu thereof
the words "contracting public entity";
On page four, section one, line forty-six, by striking out the
words "public contracting agency" and inserting in lieu thereof the
words "contracting public entity";
On page four, section one, line forty-eight, after the word
"inspection." by striking out the remainder of the subsection and
inserting in lieu thereof a new subsection, designated subsection
(e), to read as follows:
(e) Any public official or other person who individually or
together with others knowingly makes an award of a contract under this section in violation of the procedures and requirements of
this section is subject to the penalties set forth in section
twenty-nine, article three, chapter five-a of this code.;
And relettering the remaining subsections;
And,
On page five, section one, line fifty-seven, after the word
"code" by inserting the word "and".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 694, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 694) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 718, Authorizing board of examiners of
psychologists set fees by rule.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §30-21-8 and §30-21-9 of the code of West Virginia, 1931,
as amended, be amended and reenacted; and that said code be amended
by adding thereto a new section, designated §30-21-10a, all to read
as follows:
ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.
§30-21-8. Issuance of license; renewal of license; renewal fee;
display of license
.
(a) Whenever the board finds that an applicant meets all of
the requirements of this article for a license to engage in the practice of psychology, it shall forthwith issue to him such
license; and otherwise the board shall deny the same. The board
shall issue a license to engage in the practice of psychology to
those persons who meet the requirements of this article.
_____(b) The license shall be valid for a period of two years from
the date issued and may be renewed for a period of two years
without examination upon application for renewal on a form
prescribed by the board and payment to the board of a reasonable
renewal fee of thirty dollars to be set by the board by legislative
rule: Provided, That the board may deny an application for renewal
for any reason which would justify the denial of an original
application for a license.
(c) The board shall prescribe the form of licenses and each
license shall be conspicuously displayed by the licensee at his
principal place of practice.
§30-21-9. Temporary permits.
(a) Upon proper application the board may issue, without
examination, a temporary permit to engage in the practice of
psychology in this state:
(1) Pending examination, to an applicant who meets the
qualifications of subdivisions (1), (2), (3), (4), (6) and (7),
subsection (a), section seven of this article, which temporary
permit shall expire thirty days after the board gives written notice of the results of the examination held next following the
issuance of such temporary permit, and such permit may not be
renewed nor may another thereof permit be issued to the same
person; and
(2) To a psychologist who is not a resident of this state and
who meets the requirements of subdivisions (1), (2), (3), (4), (6)
and (7), subsection (a), section seven of this article, which
temporary permit shall be valid only for a period of ninety days in
the calendar year in which issued, and such permit may not be
renewed nor may another thereof permit be issued to the same person
in the same calendar year.
(b) The fee for any temporary permit shall be fifty dollars
set by the board by legislative rule.
§30-21-10a. Rulemaking.
(a) The board may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code to provide for:
(1) Licensure requirements, including requirements for
applications, examinations, reciprocity, temporary permits and
reinstatement;
(2) Fees for licenses, renewals of licenses and other services
provided by the board;
(3) Experience, education and continuing education requirements and approval of courses; and
(4) Any other purpose to carry out the requirements of this
article.
(b) Any rules in effect as of the passage of this article will
remain in effect until amended, modified, repealed or replaced.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 718--A Bill to amend and reenact §30-21-8
and §30-21-9 of the code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §30-21-
10a, all relating to authorizing the board of examiners of
psychologists to set fees and other requirements by legislative
rule.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 718, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 718) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 718) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 566, Establishing Unborn
Victims of Violence 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 following:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-30. Recognizing a fetus as a distinct victim of certain
crimes of violence against the person.
(a) This section may be known and cited as the "Unborn Victims
of Violence Act".
(b) For the purposes of this article, the following
definitions shall apply: Provided, That these definitions only
apply for purposes of prosecution of unlawful acts under this
section and may not otherwise be used to create or to imply that a
civil cause of action exists or may be used for purposes of
argument in a civil cause of action, unless there has been a
criminal conviction under this section.
(1) "Embryo" means the developing human in its early stages.
The embryonic period commences at fertilization and continues to the end of the embryonic period and the beginning of the fetal
period, which occurs eight weeks after fertilization, or ten weeks
after the onset of the last menstrual period.
(2) "Fetus" means a developing human that has ended the
embryonic period and thereafter continues to develop and mature
until termination of the pregnancy or birth.
(3) "Unborn victim" means an embryo or fetus that is a member
of the species homo sapiens while carried in the womb.
(c) For purposes of enforcing the provisions of sections one,
four and seven of this article, subsections (a) and (c), section
nine of said article, sections ten and ten-b of said article and
subsection (a), section twenty-eight of said article, a pregnant
woman and the fetus she is carrying constitute separate and
distinct victims.
(d) Exceptions. -- The provisions of this section do not apply
to:
(1) Acts committed during a legal abortion to which the
pregnant woman, or a person authorized by law to act on her behalf,
consented or for which the consent is implied by law;
(2) Acts or omissions by medical personnel during or as a
result of medical or health-related treatment or services,
including, but not limited to, medical care, abortion, diagnostic
testing or fertility treatment;
(3) Acts or omissions by medical personnel in performing
lawful procedures involving embryos that are not in a stage of
gestation in utero;
(4) Acts involving the use of force in lawful defense of self
or another but not an embryo or fetus; and
(5) Acts or omissions of a pregnant woman with respect to the
embryo or fetus she is carrying.
(e) For purposes of the enforcement of the provisions of this
section, a violation of the provisions of article twenty-one,
chapter sixteen of this code shall not serve as a waiver of the
protection afforded by the provisions of subdivision (1),
subsection (d) of this section.
(f) Other convictions not barred. -- A prosecution for or
conviction under this section is not a bar to conviction of or
punishment for any other crime committed by the defendant arising
from the same incident.;
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 566--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-2-30, relating to creating the "Unborn
Victims of Violence Act"; defining certain terms; identifying offenses of violence against a person that are committed against a
pregnant woman or her embryo or fetus; establishing that an embryo
or fetus is a separate victim in the case of certain violent crimes
against a pregnant woman or her embryo or fetus; providing
exceptions against the application of this section to certain
persons or entities; specifying penalties; and providing that a
conviction under this section, or of this article, is not a bar to
prosecution of, or punishment for, any other crime allegedly
committed by the defendant arising from the same incident.
On motion of Senator Kessler, the following amendment to the
House of Delegates amendments to the bill (Eng. Com. Sub. for S. B.
No. 566) was reported by the Clerk and adopted:
On page two, section thirty, subsection (e), by striking out
the word "twenty-one" and inserting in lieu thereof the word "two-
i".
Senator Chafin moved that the Senate concur in the House of
Delegates amendments, as amended.
Following discussion,
Senator Chafin requested unanimous consent that further
consideration of the bill (Eng. Com. Sub. for S. B. No. 566) and
his pending motion be made a special order of business for 3 p.m.
today.
Which consent was not granted, Senator Smith objecting.
On motion of Senator Chafin, further consideration of the bill
and his pending motion was made a special order of business for 3
p.m. today.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 720, Relating to unused state private
activity bond volume cap.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 722, Repealing section prohibiting giving
away or selling liquor in buildings where boxing is held.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 726, Continuing steel advisory commission
and steel futures program.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 82, Suspending Joint Rule No.
5 as to Senate Bill No. 734.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 734, Extending time for town council of Smithers to meet as levying body for election of additional levy.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 47, Requesting Joint
Committee on Government and Finance study governmental agencies
involved in resolving problem of flooding of streams.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 55, Requesting Joint
Committee on Government and Finance study state fire code rules
applying to bed and breakfasts.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 65, Requesting Joint
Committee on Government and Finance study commercial property and
casualty insurance.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 68, Requesting Joint
Committee on Government and Finance study grievance boards and
administrative law judge systems.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 78, Requesting Joint
Committee on Government and Finance study Wage Payment and
Collection Act.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendment to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 2200, Creating the felony
offense of destruction of property.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
On further motion of Senator Chafin, the Senate acceded to the
request of the House of Delegates and receded from its amendment to
the bill.
Engrossed Committee Substitute for House Bill No. 2200, as
amended by deletion, 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 present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2200) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from the Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, to take effect
from passage, and requested the concurrence of the Senate in the
changed effective date, as to
Eng. Com. Sub. for House Bill No. 2268, Teachers and
substitute teachers as professional educators and addressing the
critical need and shortage thereof.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
On further motion of Senator Chafin, the Senate concurred in
the changed effective date of the bill, that being to take effect
from passage, instead of ninety days from passage.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2268) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. House Bill No. 2991, Relating to the fee charged by
fiduciary commissioners in settling an estate.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
On further motion of Senator Chafin, the Senate acceded to the
request of the House of Delegates and receded from its amendments
to the bill.
Engrossed House Bill No. 2991, as amended by deletion, was
then put upon its passage.
Prior to the call of the roll, Senator Guills moved to be
excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
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)--33.
The nays were: None.
Absent: None.
Excused from voting: Guills--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2991) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4033, Authorizing the
issuance of new parkway revenue bonds.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 4043, Establishing the
priority for early childhood education in the basic skills of
reading, mathematics and English language arts.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
Senator Chafin then moved that the Senate accede to the
request of the House of Delegates and recede from its amendments to
the bill.
The result of the voice vote being inconclusive, Senator
Plymale demanded a division of the vote.
A standing vote being taken, there were seventeen "yeas" and
fifteen "nays".
Whereupon, the President declared Senator Chafin's aforestated
motion had prevailed.
Engrossed Committee Substitute for House Bill No. 4043, as
amended by deletion, 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 present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4043) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2004.
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. 4043) takes effect July 1, 2004.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
that the time permitted under Joint Rule No. 3 within which
conferees must report having expired, that body had again 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.
On motion of Senator Chafin, the Senate agreed to the
appointment of a committee of conference on the bill.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Prezioso, Unger, McCabe, Ross and Smith.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment, as amended by
the House of Delegates, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment to the Senate amendment, as to
Eng. Com. Sub. for House Bill No. 4205, Authorizing the
department of health and human resources to promulgate legislative
rules.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the Senate amendment to the bill was reported by the Clerk:
On page one, by striking out everything after the article
heading and inserting in lieu thereof the following:
§64-5-1. Department of health and human resources.
The legislative rule filed in the state register on the eighth
day of July, two thousand three, authorized under the authority of
section two, article five-q, chapter sixteen of this code, modified
by the department of health and human resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the second day of December, two
thousand three, relating to the department of health and human
resources (eligibility standards for economic assistance from the
James "Tiger" Morton catastrophic illness fund, 72 CSR 1), is
authorized with the following amendments:
On page one, section 2, lines one and two, by striking out the
words "has a catastrophic illness and has applied" and inserting in
lieu thereof the word "applies";
On page one, subsection 2.1, line three, by striking out the
word "that" and inserting in lieu thereof the word "catastrophic";
On page two, subsection 3.4, after the words "A life-
threatening illness", by striking out the remainder of the
subsection and inserting in lieu thereof the words "presenting an
applicant with an imminent risk of death.";
On page two, subsection 3.6, by striking out the subsection in
its entirety and inserting in lieu thereof the following:
"3.6. Eligible applicant. - An applicant who is suffering from
a catastrophic illness and who meets the financial eligibility
standards established by subsection 6.3 of this rule.";
On page two, section 4, by striking out the section in its
entirety and inserting in lieu thereof the following:
"4.1. A West Virginia citizen may request economic assistance
from the commission by contacting the commission and providing
information by telephone.
4.2. Any person who obtains or attempts to obtain funds from
the commission by willful, false statement or misrepresentation or
by impersonation or any other fraudulent device may be investigated
by the Department of Health and Human Resources, Office of
Inspector General, and may be prosecuted to the full extent of the
law.";
On page four, section 5, by striking out the section in its
entirety and renumbering subsequent sections accordingly;
On page two, section 6, by striking out the words "If funding
is available, the Commission may consider an applicant eligible"
and inserting in lieu thereof the words "An applicant is eligible";
On page three, subsection 8.1, by striking out the subsection
in its entirety and inserting in lieu thereof the following:
"8.1. Requests for pharmaceutical purchases other than those
approved under section 7 of this rule;";
On page three, subsection 8.3, line one, after the word
"days", by inserting the words "or more";
On page four, subsection 9.1, by striking out the subsection
in its entirety and inserting in lieu thereof the following:
"9.1 If funding is available, the commissioner may order an
award of economic assistance to an eligible applicant.";
On page four, subsection 9.2, line two, after the words
"amount of an award.", by striking out the remainder of the
subsection and inserting in lieu thereof the following:
"The decision to make an award is within the discretion of the
commission or, where permitted by ths rule, its executive
director.";
On page four, subsection 9.3, by striking out the subsection
in its entirety and inserting in lieu thereof the following:
"9.3. Within each budget year, similarly situated applicants
shall be treated similarly.";
On page four, section 10, by striking out the section in its
entirety and inserting in lieu thereof the following:
"Records of the Commission are confidential and may not be
disclosed except as required by W. Va. Code §29B-1-1 et seq. Any
employee of the commission who has access to confidential information regarding an applicant must sign a written statement
acknowledging that he or she fully understands and will maintain
the confidential nature of the information.";
And,
On page five, section 11, line eight, after the word
"conclusion.", by striking out the quotation marks.
§64-5-2. Division of health.
(a) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand three, authorized under the
authority of section five, article five-d, chapter sixteen of this
code, modified by the division of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighth day of December, two thousand three,
relating to the division of health (assisted living residences, 64
CSR 14), is authorized.
(b) The legislative rule filed in the state register on the
twenty-second day of July, two thousand three, authorized under the
authority of section four, article one, chapter sixteen of this
code, modified by the division of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-second day of December, two thousand
three, relating to the division of health (cross connection and
backflow prevention, 64 CSR 15), is authorized.
(c) The legislative rule filed in the state register on the
twenty-second day of July, two thousand three, authorized under the
authority of section four, article one, chapter sixteen of this
code, modified by the division of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the twenty-second day of December, two thousand
three, relating to the division of health (certification of
backflow prevention assembly testers, 64 CSR 25), is authorized
with the following amendment:
"On page two, section four, following subdivision 4.1.b., by
striking the remainder of the subsection and inserting the
following:
'and
4.1.c. Either:
4.1.c.1. Complete and pass all parts of an approved forty
(40) hour course of instruction in theory, design, performance,
testing and maintenance of backflow prevention assemblies; or
4.1.c.2. Meet recertification, reinstatement or reciprocity
requirements, as provided in sections 7 or 8 of this rule.'."
(d) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section nine-c, article seven-b, chapter fifty-five of
this code, modified by the division of health to meet the objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of December, two
thousand three, relating to the division of health (statewide
trauma/emergency care system, 64 CSR 27), is authorized.
(e) The legislative rule filed in the state register on the
eleventh day of July, two thousand three, authorized under the
authority of section four, article one, chapter sixteen of this
code, relating to the division of health (public water systems, 64
CSR 3), is authorized.
(f) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand three, authorized under the
authority of section four-a, article thirty-five, chapter sixteen
of this code, modified by the division of health to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of December, two
thousand three, relating to the division of health (childhood lead
screening, 64 CSR 42), is authorized with the following amendments:
"On page two, subsection 3.6, line one, following the word
"Screening" and the dash, by striking out the remainder of the
sentence and inserting in lieu thereof the following: "The
assessment of a child's environment and social conditions to
determine risk for lead poisoning.";
On page two, subsection 4.1, line two, following the words "years for", by inserting the words "risk of";
On page two, subdivision 4.1.a, line one, following the word
"screened", by inserting the words "using a risk assessment";
On page two, subdivision 4.1.a, line two, following the word
"age", by striking out the words "shall be screened";
On page two, subdivision 4.1.b, line one, following the word
"lead", by inserting the words "risk assessment";
On page two, subdivision 4.1.b, line three, following the word
"conducted", by striking out the comma and inserting the word
"and";
On page two, subdivision 4.1.b, line three, following the word
"name", by striking out the remainder of the sentence;
On page two, section four, following subdivision 4.1.b, by
inserting the following:
"4.1.c. If a child is determined to be at risk for lead
poisoning, the health care provider shall perform or authorize a
blood test to identity the blood lead level.";
On page three, section six, line two, following the word
"quarterly", by inserting the word "testing";
On page three, section six, line two, following the word
"results", by striking out the words "of the screening";
And,
On page three, subsection 7.2, line two, following the word "child's", by inserting the word "name" and a comma."
(g) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section four, article one, chapter sixteen of this
code, modified by the division of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighth day of December, two thousand three,
relating to the division of health (fees for services, 64 CSR 51),
is authorized with the following amendments:
On page one, subsection 3.2, after the words "Ambulatory
Surgical", by striking out the words "Center (ASC)" and inserting
in lieu thereof the words "Facility (ASF)";
On page twenty-one, Appendix A. Laboratory Service Fees.,
subparagraph l.A.1.8.l, after the words "Active Substances", by
striking out the numbers "$12.00" and inserting in lieu thereof the
numbers "$15.00";
On page twenty-one, Appendix A. Laboratory Service Fees.,
after subparagraph l.A.1.8.l., by inserting a new subparagraph,
designated subparagraph l.A.1.8.l. and renumbering the remaining
subsections, to read as follows:
"m. Nitrate $15.00";
On page twenty-one, Appendix A. Laboratory Service Fees.,
subsection 1.B., by renumbering the subdivisions in the subsection;
On page twenty-two, Appendix A. Laboratory Service Fees.,
after subparagraph 1.B.3.A.3., by adding a new subparagraph,
designated subparagraph 1.B.3.A.4., to read as follows:
"3. All Other Organic Tests $800.00
4. Total Organic Carbon (TOC) and/or Specific Ultraviolet
Absorption (SUVA) $200.00"
and by renumbering the subsequent subparagraphs accordingly;
On page twenty-two, Appendix A. Laboratory Service Fees.,
paragraph 1.B.4.A., after the words "Newborn Screening", by
striking out the numbers "$15.00" and inserting in lieu thereof the
numbers "$28.00";
On page twenty-seven, Appendix C. Maximum Health Facility
Fees., subsection 2.B., after the words "Ambulatory Surgical", by
striking out the word "Center" and inserting in lieu thereof the
word "Facility";
And,
On page twenty-eight, Appendix C. Maximum Health Facility
Fees., subsection 3.B., after the words "Ambulatory Surgical", by
striking out the word "Center" and inserting in lieu thereof the
word "Facility".
(h) The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand three, authorized under the
authority of section five, article five-d, chapter sixteen of this code, relating to the division of health (residential board and
care homes, 64 CSR 65), is authorized.
(i) The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand three, authorized under the
authority of section seven, article forty, chapter sixteen of this
code, modified by the division of health to meet the objections of
the legislative rule-making review committee and refiled in the
state register on the eighth day of December, two thousand three,
relating to the division of health (birth defects information
system, 64 CSR 81), is authorized.
On motion of Senator Chafin, the Senate concurred in the
foregoing House of Delegates amendment to the Senate amendment to
the bill.
Engrossed Committee Substitute for House Bill No. 4205, 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, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--32.
The nays were: Smith and Weeks--2.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 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, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--32.
The nays were: Smith and Weeks--2.
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.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 4211, Authorizing the
Department of Transportation to promulgate legislative rules.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 4217, Authorizing the
department of tax and revenue to promulgate legislative rules.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect July 1, 2004, of
Eng. Com. Sub. for House Bill No. 4271, Requiring all schools
to permit students to self-administer asthma medication.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4297, Clarifying that the
county board of education and its superintendent may designate the
places where competency testing for service personnel will be held.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect from passage, of
Eng. House Bill No. 4371, Extending the pilot program for the
uninsured and underinsured.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 4566, Allowing continued
employment of a spouse of a newly elected county commissioner with
tenured service with a county agency to keep their job.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
Senator Chafin then moved that the Senate accede to the
request of the House of Delegates and recede from its amendments to
the bill.
Thereafter, at the request of Senator Chafin, and by unanimous
consent, his foregoing motion was withdrawn.
On motion of Senator Chafin, further consideration of the bill
was made a special order of business following the special order of
business set for 3 p.m. today as to Engrossed Committee Substitute
for Senate Bill No. 566.
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. House Bill No. 4601, Relating to public education
generally.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Williams, Swartzmiller and Anderson.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments, as amended
by the House of Delegates, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments
to the Senate amendments, as to
Eng. Com. Sub. for House Bill No. 4669, Providing for
establishment of special five-year demonstration professional
development school project.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the Senate
amendments to the bill were reported by the Clerk:
On pages one and two, by striking out all of section thirty-
five in it entirety;
On page two, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated section §18-2e-3f, to
read as follows:;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. House Bill No. 4669--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-2e-3f, relating to requiring establishment of
special five-year demonstration professional development school
project; making certain findings; providing certain powers and
duties of state superintendent with respect to project; requiring
reports; and excluding requirement of specific appropriations.
On motion of Senator Chafin, the Senate concurred in the
foregoing House of Delegates amendments to the Senate amendments to
the bill.
Engrossed House Bill No. 4669, 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. H. B. No. 4669) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4669) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. House Bill No. 4737, Providing options for members of
teachers retirement to make contributions for periods of temporary
total disability.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4759--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-3a, relating to personal income tax; providing
for an alternative minimum tax; specifying rate and measure of tax;
proceeds of tax dedicated to senior citizens fund; fund creation;
and setting forth an effective date.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4760--A Bill making a supplementary
appropriation of federal funds out of the treasury from the balance
of federal moneys remaining unappropriated for the fiscal year
ending the thirtieth day of June, two thousand four, to the
governor's office - office of economic opportunity, fund 8797,
fiscal year 2004, organization 0100, all supplementing and amending
the appropriation for the fiscal year ending the thirtieth day of
June, two thousand four.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4760) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4760) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4760) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4761--A Bill making a supplementary
appropriation from the balance of moneys remaining unappropriated
for the fiscal year ending the thirtieth day of June, two thousand
four, to the department of agriculture - donated food fund, fund 1446, fiscal year 2004, organization 1400, all supplementing and
amending the appropriation for the fiscal year ending the thirtieth
day of June, two thousand four.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4761) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4761) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4761) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4762--A Bill making a supplementary
appropriation of federal funds out of the treasury from the balance
of federal moneys remaining unappropriated for the fiscal year
ending the thirtieth day of June, two thousand four, to the
department of military affairs and public safety - office of
emergency services, fund 8727, fiscal year 2004, organization 0606,
all supplementing and amending the appropriation for the fiscal
year ending the thirtieth day of June, two thousand four.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4762) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4762) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4762) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 93--Suspending Joint Rule No.
5, providing for consideration on third reading of H. B. 4763,
Extending the time for the city council of Dunbar to meet as a
levying body for the purpose of presenting to the voters of the
city an election to continue an additional city levy.
Resolved by the Legislature of West Virginia, two thirds of
the members present and voting in each house agreeing thereto:
That the provisions of Rule No. 5 of the Joint Rules of the
Senate and House of Delegates are hereby suspended for the express
purpose of consideration on third reading of H. B. 4763.
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.
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 present and voting having
voted in the affirmative, the President declared the resolution (H.
C. R. No. 93) adopted.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4763--A Bill extending the time for the
city council of Dunbar to meet as a levying body for the purpose of
presenting to the voters of the city an election to continue an
additional city levy to maintain the present salaries of all employees of the paid fire and paid police departments of the City
of Dunbar and to repair and service existing police department and
fire fighting equipment and to purchase additional fire fighting
and police equipment where necessary from between the seventh and
twenty-eighth days of March and the third Tuesday in April until
the thirty-first day of May, two thousand four.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4763) 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. H.
B. No. 4763) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 4763) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 69--Requesting the Joint
Committee on Government and Finance to study the development of the
West Virginia Film Commission, the development of intellectual
properties and other mechanisms to encourage the film industry to
conduct business in West Virginia.
Whereas, A majority of the multibillion dollar U. S. film
industry's business is conducted outside of Hollywood; and
Whereas, Creating infrastructure for the film industry in West
Virginia can have tremendous positive impact on the economy of West
Virginia through job growth, advertising and tourism; and
Whereas, The leadership of this state has been supportive of
an effort to secure this business for West Virginia; and
Whereas, The citizens of West Virginia can provide a reliable
and talented workforce for the industry; and
Whereas, Other states have been successful in this
undertaking; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to 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.
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. 71--Requesting the Joint
Committee on Government and Finance study current statistical
trends in juvenile delinquency, the underlying causes for juvenile
delinquency, the prospect for creating a statewide program to
address the multifaceted problems associated with increasing
juvenile delinquency and the further prospect for addressing
juvenile delinquency with school-funded programs designed to keep
juveniles occupied with constructive and self-esteem building activities, while projecting the fiscal requirements necessary to
implement these programs.
Whereas, Juvenile delinquency remains a serious and
ever-increasingly costly blight on the State that annually takes a
heavy toll in terms of property loss, state sources, physical harm
to innocent victims and loss of human life; and
Whereas, Traditional approaches to the problem of juvenile
delinquency have not proven to be wholly effective; and
Whereas, The number of juveniles being incarcerated in this
state has increased substantially during the past decade while the
cost of incarceration has dramatically increased as well; and
Whereas, Creative, eclectic and innovative approaches need to
be devised and implemented to address the ever-increasing and
problematic specter of juvenile delinquency, and these approaches
must be applied locally, regionally and statewide, depending on
their efficiency and successful application within various areas of
a diverse state. While some approaches may render success solely
in a localized fashion due to cultural, ethnic, regional or other
differences, still others may universally render success, thereby
justifying a uniform and statewide application; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the current statistical trends in juvenile delinquency, the underlying causes for juvenile delinquency, the
prospect for creating a statewide program to address the
multifaceted problems associated with increasing juvenile
delinquency and the further prospect of addressing juvenile
delinquency with school-funded programs designed to keep juveniles
occupied with constructive and self-esteem building activities,
while projecting the fiscal requirements necessary to implement any
recommended programs; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance course the involvement in and consultation with the West
Virginia Judicial Association, the West Virginia Prosecuting
Attorney's Association, the West Virginia Sheriff's Association,
the West Virginia Chief of Police Association and the West Virginia
Probation Officer's Association in regard to said study; and, be it
Further Resolved, That, at the commencement of the study, the
legal staff of the Joint Committee on Government and Finance
provide one full committee with a mandatory, detailed briefing on
all existing state juvenile justice laws, both statutory and case law, as well as a detailed briefing as to all existing alternatives
available to judges in dealing with juvenile delinquency; 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 Joint Committee on Government and Finance.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 78--Requesting the Joint
Committee on Government and Finance conduct a study to determine
effects of exempting property belonging to or leased to a
corporation that is exempt from federal income taxes under section
501 (c)(3) of the Internal Revenue Code of 1986, as amended, that
is used to provide independent, assisted living services and other
health-related services for elderly residents as found in Committee
Substitute for House Bill 4697 (2004 Regular Session).
Whereas, Persons 65 years of age or older numbered 35.6
million in 2002 in the U. S. They represented 12.3 percent of the
U.S. population, about one in every eight Americans. Since 1992
the number of Americans aged 45-64 who will reach 65 years of age
over the next two decades--increased by 38%; and
Whereas, According to the 2000 census of population, the
percentage of West Virginians over the age of 65 was 15.3 percent
as compared to 12.4 percent nationally; and
Whereas, It is essential that additional community-based
living and health care resources be made available to meet the
future needs for services by the growing elderly population in this
state; and
Whereas, Nonprofit organizations that provide independent,
assisted living and health care services may prevent or delay
health problems, nursing home care and the additional expenses to
the state as a result; and
Whereas, Exempting property being used by nonprofit
organizations to provide independent, assisted living and other
health services from taxation will encourage expansion of these
services, which in turn will help the elderly in this state to live
more healthy and independent lives; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance conduct a study to determine effects of
exempting property belonging to or leased to a corporation that is
exempt from federal income taxes under section 501 (c)(3) of the
Internal Revenue Code of 1986, as amended, that is used to provide
independent, assisted living services and other health-related services for elderly residents as found in Committee Substitute for
House Bill 4697 (2004 Regular Session); 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 the 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. 88--Requesting the Joint
Committee on Government and Finance to study methods of improving
access to physical therapy services in rural areas of West
Virginia.
Whereas, Access to physical therapy services is a critical
component to the delivery of comprehensive health care in rural
areas; and
Whereas, In many cases, rural areas of West Virginia are underserved by licensed physical therapists, and patients in these
areas are unable to receive physical therapy services commensurate
with their needs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance to study methods of improving access to
physical therapy services in rural areas of West Virginia; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 89--Requesting the Joint
Committee on Government and Finance conduct a study to identify appropriate sources of revenue to pay for future costs of cleanup
as those costs are incurred at the fifty-eight sites currently
insured by the Underground Storage Tank Insurance Fund.
Whereas, The Legislature created the Underground Storage Tank
Insurance Fund ("Fund") in 1988 to provide affordable insurance to
owners and operators of underground storage tanks to assist them in
complying with federal financial assurance requirements related to
the accidental release of petroleum into the environment; and
Whereas, The Fund operated until October, 2000, and paid out
approximately $17 million to owners and operators for the
environmental remediation of sites at which underground storage
tanks are located; and
Whereas, The Fund presently has insufficient assets to pay all
of the claims that have been made by the fifty-eight remaining
insured facilities where environmental remediation is incomplete;
and
Whereas, The Kanawha County Circuit Court has recently issued
an order establishing an equitable plan to distribute all of the
Fund's remaining assets to these fifty-eight insured facilities;
and
Whereas, Even after that distribution, the facilities are
expected to incur costs in the future of up to $14 million to
complete the cleanup of these sites; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study to identify appropriate sources of
revenue to pay for future costs of cleanup as those costs are
incurred at the fifty-eight sites currently insured by the Fund
after those costs have been reviewed and adjusted in accordance
with the customary practice of the Department of Environmental
Protection and the Underground Storage Tank Advisory Committee;
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.
The Senate proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 12:45 p.m. today:
Eng. Com. Sub. for House Bill No. 4377, Assessing a penalty on
those physicians who fail to pay the special assessment.
The Senate proceeded to the sixth order of business, which
agenda includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for House Bill No. 2200, Creating the felony
offense of destruction of property.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote
as to the passage of the bill.
The vote thereon having been reconsidered,
On motion of Senator Chafin, the Senate reconsidered its
action by which in earlier proceedings today it acceded to the
request of the House of Delegates and receded from its amendment to
the bill.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Chafin's
motion that the Senate accede to the request of the House of
Delegates and recede from its amendment to the bill (Eng. Com. Sub.
for H. B. No. 2200).
At the request of Senator Chafin, and by unanimous consent, his foregoing motion was withdrawn.
On motion of Senator Chafin, the Senate refused to recede from
its amendment to the bill and insisted upon its position.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Sharpe offered the following resolution:
Senate Concurrent Resolution No. 99--Requesting the Joint
Committee on Government and Finance study appropriate sources of
revenue to pay for future costs of cleanup at 58 sites currently
insured by the Underground Storage Tank Insurance Fund.
Whereas, The Legislature created the Underground Storage Tank
Insurance Fund in 1988 to provide affordable insurance to owners
and operators of underground storage tanks to assist in compliance
with federal financial assurance requirements related to the
accidental release of petroleum into the environment; and
Whereas, The Fund has paid approximately $17 million for the
environmental remediation of underground storage tank sites through
October, 2000; and
Whereas, The Fund presently has insufficient assets to pay all
of the claims that have been made by the 58 remaining insured
facilities where environmental remediation is incomplete; and
Whereas, The Kanawha County Circuit Court recently issued an
order establishing an equitable plan to distribute all of the Fund's remaining assets to these 58 insured facilities. Even after
that distribution, the facilities are expected to incur costs in
the future of up to $14 million to complete the cleanup of these
sites; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study appropriate sources of revenue to pay for future
costs of cleanup at 58 sites currently insured by the Underground
Storage Tank Insurance Fund; 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.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration.
On motion of Senator Chafin, the resolution (S. C. R. No. 99)
was referred to the Committee on Rules.
Senator Edgell offered the following resolution:
Senate Concurrent Resolution No. 100--Requesting the Joint
Committee on Government and Finance study public school dress codes
and the use of school uniforms.
Whereas, Students wearing inappropriate or offensive clothing
to school is a problem in many of our school districts; and
Whereas, There may be social stigma attached to students who
cannot afford or may not be allowed to wear certain stylish
clothing to school; and
Whereas, Many families find the annual purchase of school
clothing to be a financial burden; and
Whereas, Many schools in other states are experimenting with
requiring a uniform dress code or school uniform because it may
affect discipline within the school; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study public school dress codes and the use of school
uniforms; 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.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration.
On motion of Senator Chafin, the resolution (S. C. R. No. 100)
was referred to the Committee on Rules.
Senators McCabe, Rowe, Sprouse, Harrison, Tomblin (Mr.
President), Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey,
Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins,
Kessler, Love, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Ross, Sharpe, Smith, Snyder, Unger, Weeks and White
offered the following resolution:
Senate Resolution No. 42--Memorializing the life of the
Honorable James H. Davis III, former businessman, attorney, member
of the House of Delegates, member of the Senate and distinguished
West Virginian.
Whereas, James H. Davis III, of Charleston, Kanawha County,
was born October 9, 1928, in Clarksburg, Harrison County, the son
of J. Hornor and Martha (Maxwell) Davis; and
Whereas, James H. Davis III received his A. B. degree from
Princeton University and his L. L. B. degree from the University of
Virginia; and
Whereas, James H. Davis III was married to his beloved wife
Ouida (Caldwell) Davis, with whom he shared the joy of having two
sons, James H. Davis IV and Lewis Caldwell Davis; and
Whereas, James H. Davis III served his nation with pride and
distinction as a 1st Lieutenant in the United States Air Force from
1953 to 1955; and
Whereas, James H. Davis III practiced law with his father,
former Senator J. Hornor Davis II, at the family law firm, Preston
and Davis, until 1965 when he joined the law firm now known as
Spilman Thomas & Battle. In 1987, he helped open the Charleston
branch of Campbell, Woods and Bagley; and
Whereas, In addition to practicing law, of which he
specialized in the areas of natural resources law and corporate
law, James H. Davis III served as President of both Kanawha Block
Company and Logan Concrete Company. He was also President of
Dingess-Rum Properties, Inc.; and
Whereas, James H. Davis III was elected to the West Virginia
House of Delegates in 1960 and served until 1963. During his
tenure in the House of Delegates, his father, the Honorable J.
Hornor Davis II, was serving in the West Virginia Senate; and
Whereas, In 1963, the Honorable James H. Davis III was elected
to the West Virginia Senate from the eighth Senatorial District,
where he served until 1966; and
Whereas, During his tenure in the West Virginia Senate, the
Honorable James H. Davis III served as a member of the Committees
on Agriculture, Counties and Municipal Corporations, Judiciary,
Labor, Mines and Mining, Natural Resources, Railroads and
Temperance. He served as Chairman of the Committee on Public
Libraries and as Vice Chairman of the Committee on Public Buildings
and Humane Institutions. He also served as a member of the Joint
Committee on Government and Finance; and
Whereas, The Honorable James H. Davis III was responsible for
numerous legislative acts, conceived and executed by him for the
betterment of the citizens of the eighth Senatorial District and
the State of West Virginia; and
Whereas, Sadly, the life of the Honorable James H. Davis III
came to an end on Thursday, March 4, 2004, when he passed away;
therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable
James H. Davis III, former businessman, attorney, member of the
House of Delegates, member of the Senate and distinguished West
Virginian; and, be it
Further Resolved, That the Senate hereby extends its sincere
sympathy to the family of the Honorable James H. Davis III and
expresses its sadness at his passing; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the wife of the Honorable James H.
Davis III, Ouida Davis, and his two sons, James Hornor Davis IV and
Lewis Caldwell Davis.
At the request of Senator McCabe, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
At the request of Senator Minard, unanimous consent being
granted, Senators Minard, Sharpe, Tomblin (Mr. President), Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Smith, Snyder, Sprouse, Unger, Weeks and White offered the
following resolution from the floor:
Senate Resolution No. 43--Recognizing the 100th anniversary of
the General Federation of Women's Clubs-West Virginia.
Whereas, The General Federation of Women's Clubs-West Virginia
was organized on April 22, 1904, and federated as a state
organization by the International General Federation of Women's Clubs on May 14, 1904; and
Whereas, The General Federation of Women's Clubs-West Virginia
is one of the state's largest and oldest nondenominational women's
volunteer service organizations with members in all 55 counties;
and
Whereas, The General Federation of Women's Clubs-West Virginia
is at the forefront of issues such as health of women and children,
conservation of natural resources, improvement in educational
standards for both children and adults and support of public
libraries and literacy programs; and
Whereas, The programs of the General Federation of Women's
Clubs-West Virginia stimulate civic consciousness, commemorate
women's history and encourage participation in constructive public
service; and
Whereas, The General Federation of Women's Clubs-West Virginia
encourages its members to develop a vital and continuing commitment
to community improvement; and
Whereas, The members of the General Federation of Women's
Clubs-West Virginia in all communities throughout the state will
celebrate March 19 through April 18, 2004, as "General Federation
of Women's Clubs-West Virginia Month"; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the 100th anniversary of the General Federation of Women's Clubs-West Virginia; and, be it
Further Resolved, That the Senate commends the General
Federation of Women's Clubs-West Virginia for its meritorious
dedication and commitment to the communities they serve; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the
General Federation of Women's Clubs-West Virginia.
At the request of Senator Minard, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 3 p.m.
today.
Upon expiration of the recess, the Senate reconvened.
The President then stated that the hour had arrived for the
special order of business, as to
Eng. Com. Sub. for Senate Bill No. 566, Establishing Unborn
Victims of Violence Act.
Having been received as a message from the House of Delegates
in earlier proceedings today, and the House amendments reported at
that time (shown in the Senate Journal of today, pages 109 to 112,
inclusive), now coming up as a special order, was again reported by the Clerk.
The question being on the adoption of Senator Chafin's pending
motion that the Senate concur in the House amendments, as amended
(shown in the Senate Journal of today, pages 109 to 112,
inclusive).
On motion of Senator Chafin, further consideration of the bill
and Senator Chafin's pending motion was made a special order of
business at 5 p.m. today.
Action as to Engrossed Committee Substitute for Senate Bill
No. 566 having been concluded, the Senate proceeded to the special
order of business set for this position, as to
Eng. Com. Sub. for House Bill No. 4566, Allowing continued
employment of a spouse of a newly elected county commissioner with
tenured service with a county agency to keep their job.
Having been received as a message from the House of Delegates
in earlier proceedings today, and now coming up as a special order,
was again reported by the Clerk.
On motion of Senator Chafin, further consideration of the
message on the bill was made a special order of business following
the special order of business set for 5 p.m. today, as to Engrossed
Committee Substitute for Senate Bill No. 566.
At the request of Senator Love, and by unanimous consent, the
Senate returned to the second order of business and the introduction of guests.
The Senate again proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 526, Making supplementary appropriation
of public moneys from unappropriated surplus balance in general
revenue to division of rehabilitation services.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 713, Expiring funds to unappropriated
balance of general revenue from board of risk and insurance
management, premium tax savings fund.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 714, Expiring funds to unappropriated
balance of general revenue from insurance commission fund.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 715, Expiring funds to unappropriated balance of general revenue from public service commission.
Senator Chafin then announced that in the meeting of the
Committee on Rules previously held, the committee, in accordance
with rule number seventeen of the Rules of the Senate, had returned
to the Senate Calendar, on unfinished business, Senate Concurrent
Resolution No. 67.
On motion of Senator Chafin, the Senate proceeded to the tenth
order of business.
Eng. House Bill No. 4748, Supplemental appropriation in the
state excess lottery revenue fund, to the lottery commission,
refundable credit.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--30.
The nays were: Harrison, Smith and Weeks--3.
Absent: Bailey--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4748) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, Unger, White and Tomblin (Mr. President)--30.
The nays were: Harrison, Smith and Weeks--3.
Absent: Bailey--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4748) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse,
Unger, White and Tomblin (Mr. President)--30.
The nays were: Harrison, Smith and Weeks--3.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 4748) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4749, Supplementing, amending and
increasing items of the existing appropriations from the state road
fund to the department of transportation, division of highways.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4749) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4749) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4749) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4750, Supplemental appropriation of
federal funds out of the treasury from the balance of moneys
remaining unappropriated to the department of education, state
department of education.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4750) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4750) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4750) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4751, Supplemental appropriation to the
department of military affairs and public safety, adjutant general,
state militia.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4751) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4751) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4751) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4752, Supplemental appropriation to the
department of tax and revenue, division of banking.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4752) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4752) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4752) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4754, Supplemental appropriation to the
department of transportation, division of motor vehicles.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4754) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 4754) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4754) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4755, Supplemental appropriation to a new
item of appropriation designated the coal heritage highway
authority.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4755) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4755) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4755) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4756, Supplemental appropriation to the
West Virginia state board of examiners for licensed practical
nurses.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4756) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4756) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4756) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4757, Supplemental appropriation to the
department of military affairs and public safety, division of
criminal justice services.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4757) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4757) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4757) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4758, Supplemental appropriation to the
department of military affairs and public safety, division of
criminal justice services, juvenile accountability incentive.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4758) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4758) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4758) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Pending announcement of a meeting of the Committee on Rules,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened.
The President then stated that the hour had arrived for the
special order of business, as to
Eng. Com. Sub. for Senate Bill No. 566, Establishing Unborn
Victims of Violence Act.
Having been received as a message from the House of Delegates
in earlier proceedings today, and the House amendments reported at
that time (shown in the Senate Journal of today, pages 109 to 112,
inclusive), now coming up as a special order, was again reported by
the Clerk.
The question being on the adoption of Senator Chafin's pending
motion that the Senate concur in the House amendments, as amended
(shown in the Senate Journal of today, pages 109 to 112, inclusive).
On motion of Senator Chafin, further consideration of the bill
and Senator Chafin's pending motion was made a special order of
business following consideration of committee reports now lodged
with the Clerk.
Action as to Engrossed Committee Substitute for Senate Bill
No. 566 having been concluded, the Senate proceeded to the special
order of business set for this position, as to
Eng. Com. Sub. for House Bill No. 4566, Allowing continued
employment of a spouse of a newly elected county commissioner with
tenured service with a county agency to keep their job.
Having been received as a message from the House of Delegates
in earlier proceedings today, and now coming up as a special order,
was again reported by the Clerk.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Minard, Ross and Deem.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The special order of business having been concluded,
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 17, Requesting Division of
Highways name bridge near Rowlesburg, Preston County, "Charles B.
Felton, Jr., Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 36, Requesting Division of
Highways name bridge on Interstate 68 spanning Route 7 at Sabraton
Exit "James and Virginia Herring Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 99, Requesting Joint
Committee on Government and Finance study sources of revenue to pay
for cost of clean-up of sites insured by Underground Storage Tank
Insurance Fund.
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. 2088, Increasing the penalty
for the manufacture, distribution or possession of certain
controlled or counterfeit substances near a park.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates R. Thompson, Stemple and Armstead.
The Senate again proceeded to the sixth order of business.
At the request of Senator Chafin, unanimous consent being
granted, Senator Chafin offered the following resolution from the
floor:
Senate Concurrent Resolution No. 101--Suspending Joint Rule 3b
as to time limit on filing of conference committee reports.
Resolved by the Legislature of West Virginia, two thirds of
the members present agreeing thereto:
That the time limit established by Joint Rule 3b is hereby
suspended for the sixtieth day of this regular session of the
seventy-sixth Legislature, and for this day, conference committees
may file their reports with the Clerk of each house, said reports
to be announced during session, until 9 o'clock, p. m., with a
thirty-minute examination period.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put.
On this question, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick,
Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Minear, Plymale,
Rowe, Sharpe, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--26.
The nays were: None.
Absent: Bailey, Dempsey, McCabe, Oliverio, Prezioso, Ross,
Smith and Unger--8.
So, two thirds of all the members present and voting having
voted in the affirmative, the President declared the resolution (S.
C. R. No. 101) adopted.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 5:45 p.m. today:
Eng. House Bill No. 4601, Relating to public education
generally.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4067, Modifying and updating
auctioneer licensing requirements, fees and continuing education.
With amendments from the Committee on Government Organization
pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 8, 2004;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred; and as last amended by the
Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4067) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
The following amendments to the bill, from the Committee on Government Organization, were reported by the Clerk, considered
simultaneously, and adopted:
On page fifteen, section five-a, line nineteen, after the word
"his" by inserting the words "or her";
And,
On page twenty-one, section six-c, line three, after the word
"must" by inserting the word "show".
The following amendments to the bill, from the Committee on
Finance, were next reported by the Clerk, considered
simultaneously, and adopted:
On page twenty-four, section six-d, line twenty-five, after
the word "auctions" by inserting a comma and the words "excluding
charity,";
On page twenty-four, section six-d, line twenty-six, after the
word "year" by inserting the words "beginning the following year";
On page twenty-five, section eight, line four, by striking out
the words "including legislatively approved rules,";
On page twenty-six, section eight, line seventeen, by striking
out the words "or any legislatively approved rule";
On page twenty-eight, section eight-a, line four, by striking
out the words "or the legislatively approved rules";
On page twenty-nine, section eight-a, line twenty-nine, by
striking out the word "three" and inserting in lieu thereof the word "five";
On page thirty-two, section nine-a, line five, by striking out
the word "three" and inserting in lieu thereof the word "five";
And,
On page thirty-three, section nine-a, line twenty-five, by
striking out the word "five" and inserting in lieu thereof the word
"three".
The bill (Eng. Com. Sub. for H. B. No. 4067), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4067) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4067) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 5:50 p.m. today:
Eng. Com. Sub. for House Bill No. 2088, Increasing the penalty
for the manufacture, distribution or possession of certain
controlled or counterfeit substances near a park.
The Clerk announced the following conference committee report
had been filed at 5:52 p.m. today:
Eng. House Bill No. 4084, West Virginia Pharmaceutical
Availability and Affordability Act.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4156, Providing the West
Virginia state police with the ability to define and draw DNA
samples from convicted felons for the purpose of maintaining a DNA
database.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4156) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--32.
The nays were: Weeks--1.
Absent: Bailey--1.
The bill (Eng. Com. Sub. for H. B. No. 4156) was then read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 2B. DNA DATA.
§15-2B-3. Definitions.
As used in this article the following terms have the meanings
specified mean:
(a) "DNA" means deoxyribonucleic acid. DNA is located in the
nucleus of cells and provides an individual's personal genetic
blueprint. DNA encodes genetic information that is the basis of
human heredity and forensic identification.
(b) "DNA record" means DNA identification information stored in any state DNA database pursuant to this article. The DNA record
is the result obtained from DNA typing tests. The DNA record is
comprised of the characteristics of a DNA sample which are of value
in establishing the identity of individuals. The results of all DNA
identification tests on an individual's DNA sample are also
included as a "DNA record".
(c) "DNA sample" means the DNA extracted from a blood sample
a tissue, fluid or other bodily sample, suitable for testing,
provided by any person convicted of a felony offenses covered by
this article offense under the West Virginia code pursuant to this
article or submitted to the division laboratory for analysis
pursuant to a criminal investigation.
(d) "FBI" means the federal bureau of investigation.
(e) "State DNA database" means all DNA identification records
included in the system administered by the West Virginia division
of public safety state police.
(f) "State DNA data-bank databank" means the repository of DNA
samples collected under the provisions of this article.
(g) "Division" means the West Virginia division of public
safety state police.
§15-2B-6. DNA sample required for DNA analysis upon conviction;
DNA sample required for certain prisoners.
(a) Any person convicted of an offense described in section one, two, three, four, seven, nine, nine-a (when that offense
constitutes a felony), ten, ten-a, ten-b, twelve, fourteen or
fourteen-a, article two, chapter sixty-one of this code or section
twelve, article eight of said chapter (when that offense
constitutes a felony) shall provide a DNA sample to be used for DNA
analysis as described in this article. Further, any person
convicted of any offense described in article eight-b or eight-d of
said chapter shall provide a DNA sample to be used for DNA analysis
as described in this article.
(b) All persons Any person presently incarcerated in a state
correctional facility or any a county or regional jail in this
state who are incarcerated due to the after conviction of any
offense listed in subsection (a) of this section who are
incarcerated on the first day of July, one thousand nine hundred
ninety-five, or who are convicted of any such offense on or after
the first day of July, one thousand nine hundred ninety-five, shall
have provide a DNA sample drawn for to be used for purposes of DNA
analysis and storage of the DNA as described in this article.
(c) Any person convicted after the first day of July, two
thousand, of a violation of section five or thirteen, article two,
chapter sixty-one of this code, section one, two, three, four,
five, seven, eleven, twelve (when that offense constitutes a
felony), article three of said chapter or subsection (a), section thirteen of said article, section three, four, five or ten, article
three-e of said chapter or section three, article four of said
chapter shall provide a DNA sample to be used For for DNA analysis
as described in this article.
(d) Any person convicted after the first day of July, two
thousand two, of an offense which constitutes a felony violation of
the provisions of article four, chapter sixty-a of this code; or of
an attempt to commit a violation of section one or fourteen-a,
article two, chapter sixty-one of this code; or an attempt to
commit a violation of article eight-b of said chapter shall provide
a DNA sample to be used for DNA analysis as described in this
article.
(e) For the purposes of this section, the term "DNA sample"
means a tissue, fluid or other bodily sample of an individual on
which a DNA analysis can be done. The method of taking the DNA
sample is subject to the testing methods utilized by the West
Virginia state police crime lab.
(f) When a person who is required to provide a DNA sample as
required by pursuant to this section refuses to comply with any DNA
testing, the state shall apply to a circuit court for an order
requiring the person to provide a DNA sample. to be withdrawn for
the purpose of DNA typing and testing. The Upon a finding of
failure to comply, the circuit court shall order the person to submit to DNA testing in conformity with the provisions of this
article.
(g) The West Virginia state police may, where not otherwise
mandated, require any person convicted of a felony offense under
the provisions of this code to provide a DNA sample to be used for
the sole purpose of criminal identification of the convicted person
who provided the sample: Provided, That the person is under the
supervision of the criminal justice system at the time the request
for the sample is made. Supervision includes prison, the regional
jail system, parole, probation, home confinement, community
corrections program and work release.
§15-2B-14. Right to DNA testing.
(a) A person convicted of a felony currently serving a term of
imprisonment may make a written motion before the trial court that
entered the judgment of conviction for performance (DNA) testing.
(b) (1) An indigent convicted person may request appointment
of counsel to prepare a motion under this section by sending a
written request to the court. The request must include the
person's statement that he or she was not the perpetrator of the
crime and that DNA testing is relevant to his or her assertion of
innocence. The request must also include the person's statement as
to whether he or she previously had appointed counsel under this
section.
(2) If any of the information required in subdivision (1) of
this section is missing from the request, the court shall return
the request to the convicted person and advise him or her that the
matter cannot be considered without the missing information.
(3) (A) Upon a finding of indigency, the inclusion of
information required in subdivision (1) of this section, and that
counsel has not previously been appointed pursuant to this
subdivision, the court shall appoint counsel. Counsel shall
investigate and, if appropriate, file a motion for DNA testing
under this section. Counsel represents the indigent person solely
for the purpose of obtaining DNA testing under this section.
(B) Upon a finding of indigency, and that counsel has been
previously appointed pursuant to this subdivision, the court may,
in its discretion, appoint counsel. Counsel shall investigate and,
if appropriate, file a motion for DNA testing under this section.
Counsel represents the person solely for the purpose of obtaining
DNA testing under this section.
(4) Nothing in this section provides for a right to the
appointment of counsel in a post-conviction collateral proceeding
or sets a precedent for any such right. The representation provided
an indigent convicted person under this article is solely for the
limited purpose of filing and litigating a motion for DNA testing
pursuant to this section.
(c) (1) The motion shall be verified by the convicted person
under penalty of perjury and must do the following:
(A) Explain why the identity of the perpetrator was, or should
have been, a significant issue in the case.
(B) Explain, in light of all the evidence, how the requested
DNA testing would raise a reasonable probability the convicted
person's verdict or sentence would be more favorable if the results
of DNA testing had been available at the time of conviction.
(C) Make every reasonable attempt to identify both the
evidence that should be tested and the specific type of DNA testing
sought.
(D) Reveal the results of any DNA or other biological testing
previously conducted by either the prosecution or defense, if
known.
(E) State whether any motion for testing under this section
has been filed previously and the results of that motion, if known.
(2) Notice of the motion shall be served on the prosecuting
attorney in the county of conviction and, if known, the
governmental agency or laboratory holding the evidence sought to be
tested. Responses, if any, shall be filed within sixty days of the
date on which the prosecuting attorney is served with the motion,
unless a continuance is granted for good cause.
(d) If the court finds evidence was subject to prior DNA or other forensic testing, by either the prosecution or defense, it
shall order the party at whose request the testing was conducted to
provide all parties and the court with access to the laboratory
reports, underlying data and laboratory notes prepared in
connection with the DNA or other biological evidence testing.
(e) The court, in its discretion, may order a hearing on the
motion. The motion shall be heard by the judge who conducted the
trial or accepted the convicted person's plea, unless the presiding
judge determines that judge is unavailable. Upon request of either
party, the court may order, in the interest of justice, that the
convicted person be present at the hearing of the motion.
(f) The court shall grant the motion for DNA testing if it
determines all of the following have been established:
(1) The evidence to be tested is available and in a condition
that would permit the DNA testing requested in the motion;
(2) The evidence to be tested has been subject to a chain of
custody sufficient to establish it has not been substituted,
tampered with, replaced or altered in any material aspect;
(3) The identity of the perpetrator of the crime was, or
should have been, a significant issue in the case;
(4) The convicted person has made a prima facie showing that
the evidence sought for testing is material to the issue of the
convicted person's identity as the perpetrator of or accomplice to, the crime, special circumstance or enhancement allegation resulting
in the conviction or sentence;
(5) The requested DNA testing results would raise a reasonable
probability that, in light of all the evidence, the convicted
person's verdict or sentence would have been more favorable if DNA
testing results had been available at the time of conviction. The
court in its discretion may consider any evidence regardless of
whether it was introduced at trial;
(6) The evidence sought for testing meets either of the
following conditions:
(A) The evidence was not previously tested;
(B) The evidence was tested previously, but the requested DNA
test would provide results that are reasonably more discriminating
and probative of the identity of the perpetrator or accomplice or
have a reasonable probability of contradicting prior test results;
(7) The testing requested employs a method generally accepted
within the relevant scientific community;
(8) The evidence or the presently desired method of testing
DNA were not available to the defendant at the time of trial or a
court has found ineffective assistance of counsel at the trial
court level;
(9) The motion is not made solely for the purpose of delay.
(g) If the court grants the motion for DNA testing, the court
order shall identify the specific evidence to be tested and the DNA
technology to be used. Testing shall be conducted by a DNA
forensic laboratory in this state.
(h) The result of any testing ordered under this section shall
be fully disclosed to the person filing the motion and the
prosecuting attorney. If requested by any party, the court shall
order production of the underlying laboratory data and notes.
(i) If testing was requested by the state or the individual is
an indigent, the cost of DNA testing shall be borne by the state.
(j) An order granting or denying a motion for DNA testing
under this section is not to be appealable and is subject to review
only through a petition for writ of mandamus or prohibition filed
with the supreme court of appeals by the person seeking DNA testing
or the prosecuting attorney. The petition shall be filed within
twenty days of the court's order granting or denying the motion for
DNA testing. The court shall expedite its review of a petition for
writ of mandamus or prohibition filed under this subsection.
(k) DNA testing ordered by the court pursuant to this section
shall be done as soon as practicable. However, if the court finds
that a miscarriage of justice will otherwise occur and that it is
necessary in the interests of justice to give priority to the DNA
testing, the court may require the DNA laboratory to give priority
to the DNA testing ordered pursuant to this section over the laboratory's other pending casework.
(l) DNA profile information from biological samples taken from
a convicted person pursuant to a motion for post-conviction DNA
testing is exempt from any law requiring disclosure of information
to the public.
(m) Notwithstanding any other provision of law, the right to
file a motion for post-conviction DNA testing provided by this
section is absolute and may not be waived. This prohibition
applies to, but is not limited to, a waiver that is given as part
of an agreement resulting in a plea of guilty or nolo contendre.
On motion of Senator Snyder, the following amendment to the
Judiciary committee amendment to the bill (Eng. Com. Sub. for H. B.
No. 4156) was reported by the Clerk and adopted:
On page four, section six, after subsection (g), by adding a
new subsection, designated subsection (h), to read as follows:
(h) No part of the genetic information that is authorized to
be collected pursuant to this article may be used for any purpose
other than to establish the identity of the individual. The
biological sample obtained to conduct the identity tests but not
necessary to establish identity shall be destroyed following the
performance of the identity analysis.
The question now being on the adoption of the Judiciary
committee amendment to the bill, as amended, the same was put and prevailed.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4156) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--32.
The nays were: Weeks--1.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4156) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 101, Suspending Joint Rule
No. 3b relating to time limit on filing conference committee reports.
The Senate again proceeded to the fourth order of business.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4561, Authorizing the
director of the division of natural resources to allow nonresidents
to train dogs for coon hunting.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4561) contained in
the preceding report from the Committee on Natural Resources was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4561) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4561) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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. 4603, Providing that rights of deceased
retired participants to interest is to be included in the
calculation of terminal benefits payable.
With an amendment from the Committee on Pensions pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 8, 2004;
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 4603) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration and read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-3. Definitions.
(a) "Accumulated contributions" means all deposits and all
deductions from the earnable compensation gross salary of a
contributor minus the total of all supplemental fees deducted from
his or her compensation.
(b) "Accumulated net benefit" means the aggregate amount of
all benefits paid to or on behalf of a retired member.
_____(c) "Annuities" means the annual retirement payments for life
granted beneficiaries in accordance with this article.
(d) "Average final salary" means the average of the five
highest fiscal year salaries earned as a member within the last
fifteen fiscal years of total service credit, including military
service as provided in this article, or if total service is less
than fifteen years, the average annual salary for the period on
which contributions were made.
(e) "Beneficiary" means the recipient of annuity payments made
under the retirement system.
(f) "Contributor" means a member of the retirement system who
has an account in the teachers accumulation fund.
(g) "Deposit" means a voluntary payment to his or her account
by a member.
"Earnable compensation" means the full compensation actually received by members for service as teachers whether or not a part
of the compensation is received from other funds, federal or
otherwise, than those provided by the state or its subdivisions.
Allowances from employers for maintenance of members shall be
considered a part of earnable compensation for those members whose
allowances were approved by the teachers retirement board and
contributions to the teachers retirement system were made, in
accordance therewith, on or before the first day of July, one
thousand nine hundred eighty.
(h) "Employer" means the agency of and within the state which
has employed or employs a member.
(i) "Employment term" means employment for at least ten
months, a month being defined as twenty employment days.
(j) "Gross salary" means the fixed amount or periodic cash
wages paid by a participating public employer to a member for
performing duties for the participating public employer for which
the member was hired. Gross salary also includes retroactive
payments made to a member to correct a clerical error, or pursuant
to a court order or final order of an administrative agency charged
with enforcing federal or state law pertaining to the member's
rights to employment or wages, with all retroactive salary payments
to be allocated to and considered paid in the periods in which the
work was or would have been done. Gross salary does not include lump sum payments for bonuses, early retirement incentives,
severance pay or any other fringe benefit of any kind, including,
but not limited to, transportation allowances, automobiles or
automobile allowances or lump sum payments for unused leave of any
type.
_____(k) "Internal Revenue Code" means the Internal Revenue Code of
1986, as it has been amended.
(l) "Member" means a member of the retirement system.
(m) "Members of the administrative staff of the public
schools" means deans of instruction, deans of men, deans of women,
and financial and administrative secretaries.
(n) "Members of the extension staff of the public schools"
means every agricultural agent, boys' and girls' club agent and
every member of the agricultural extension staff whose work is not
primarily stenographic, clerical or secretarial.
(o) "New entrant" means a teacher who is not a present
teacher.
(p) "Nonteaching member" means any person, except a teacher
member, who is regularly employed for full-time service by: (a) Any
county board of education; (b) the state board of education; (c)
the West Virginia board of regents; or (d) the teachers retirement
board.
(q) "Pick-up service" means service that a member was entitled to, but which the employer has not withheld or paid for.
(r) "Plan year" means the twelve-month period commencing on
the first day of July and ending the following thirtieth day of
June of any designated year.
(s) "Present member" means a present teacher who is a member
of the retirement system.
(t) "Present teacher" means any person who was a teacher
within the thirty-five years beginning the first day of July, one
thousand nine hundred thirty-four, and whose membership in the
retirement system is currently active.
(u) "Prior service" means all service as a teacher completed
prior to the first day of July, one thousand nine hundred forty-
one, and all service of a present member who was employed as a
teacher and did not contribute to a retirement account because he
or she was legally ineligible for membership during the service.
(v) "Public schools" means all publicly supported schools,
including normal schools, colleges and universities in this state.
(w) "Refund beneficiary" means the estate of a deceased
contributor or a person he or she has nominated as beneficiary of
his or her contributions by written designation duly executed and
filed with the retirement board.
(x) "Refund interest" means interest compounded, according to
the formula established in legislative rules, series seven of promulgated by the consolidated public retirement board.
(y) "Regular interest" means interest at four percent
compounded annually or a higher earnable rate if set forth in the
formula established in legislative rules, series seven of the
consolidated public retirement board.
(z) "Regularly employed for full-time service" means
employment in a regular position or job throughout the employment
term regardless of the number of hours worked or the method of pay.
(aa) "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 retires or ceases covered
employment under the system.
(bb) "Retirement system" means the state teachers retirement
system provided for in this article.
(cc) "Teacher member" means the following persons, if
regularly employed for full-time service: (a) Any person employed
for instructional service in the public schools of West Virginia;
(b) principals; (c) public school librarians; (d) superintendents
of schools and assistant county superintendents of schools; (e) any
county school attendance director holding a West Virginia teacher's
certificate; (f) the executive secretary of the retirement board;
(g) members of the research, extension, administrative or library staffs of the public schools; (h) the state superintendent of
schools, heads and assistant heads of the divisions under his or
her supervision, or any other employee under the state
superintendent performing services of an educational nature; (i)
employees of the state board of education who are performing
services of an educational nature; (j) any person employed in a
nonteaching capacity by the state board of education, the West
Virginia board of regents, any county board of education, the state
department of education or the teachers retirement board, if that
person was formerly employed as a teacher in the public schools;
(k) all classroom teachers, principals and educational
administrators in schools under the supervision of the division of
corrections, the division of health or the division of human
services; and (l) employees of the state board of school finance,
if that person was formerly employed as a teacher in the public
schools.
(dd) "Total service" means all service as a teacher while a
member of the retirement system since last becoming a member and,
in addition thereto, credit for prior service, if any.
The masculine gender shall be construed so as to include the
feminine.
Age in excess of seventy years shall be considered to be
seventy years.
§18-7A-14. Contributions by members.
(a) At the end of each month, every member of the retirement
system shall contribute six percent of that member's monthly
earnable compensation gross salary to the retirement board:
Provided, That any member employed by the West Virginia board of
directors of the state college system or the board of trustees of
the university system at an institution of higher education under
its control shall contribute on the member's full earnable
compensation, gross salary unless otherwise provided in section
fourteen-a of this article.
(b) Annually, the contributions of each member shall be
credited to the member's account in the teachers accumulation fund.
The contributions shall be deducted from the salaries of the
members as herein prescribed in this section, and every member
shall be deemed considered to have given consent to such the
deductions. No deductions, however, shall be made from the
earnable compensation gross salary of any member who retired
because of age or service and then resumed service unless as
provided in section thirteen-a of this article.
(c) The aggregate of employer contributions, due and payable
under this article, shall equal annually the total deductions from
the earnable compensation gross salary of members required by this
section. Beginning the first day of July, one thousand nine hundred ninety-four, the rate shall be seven and one-half percent;
beginning on the first day of July, one thousand nine hundred
ninety-five, the rate shall be nine percent; beginning on the first
day of July, one thousand nine hundred ninety-six, the rate shall
be ten and one-half percent; beginning on the first day of July,
one thousand nine hundred ninety-seven, the rate shall be twelve
percent; beginning on the first day of July, one thousand nine
hundred ninety-eight, the rate shall be thirteen and one-half
percent; and beginning on the first day of July, one thousand nine
hundred ninety-nine, and thereafter, the rate shall be fifteen
percent. Payment by an employer to a member of the sum specified
in the employment contract minus the amount of the employee's
deductions shall be deemed considered to be a full discharge of the
employer's contractual obligation as to earnable compensation gross
salary.
(d) Each contributor shall file with the retirement board or
with the employer to be forwarded to the retirement board an
enrollment form showing the contributor's date of birth and other
data needed by the retirement board.
§18-7A-23a. Terminal benefits.
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 period 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 each individual who has contributed, or will
contribute in the future, to the teachers retirement system,
including each retirant.
(a) This section provides for the payment of the balance in
the a retired member's account to be paid in the manner described
herein in this section 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
the 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 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 retired member has nominated 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 the 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
are retroactive to all members who entered retirement status on or
after the ninth day of June, two thousand.
§18-7A-25. Eligibility for retirement allowance.
Any member who has attained the age of sixty years or who has
had thirty-five years of total service as a teacher in West
Virginia, regardless of age, shall be is eligible for an annuity.
No new entrant nor present member shall be is eligible for an
annuity, however, if either has less than five years of service to
his or her credit.
Any member who has attained the age of fifty-five years and
who has served thirty years as a teacher in West Virginia shall be
is eligible for an annuity.
Any member who has served at least thirty but less than thirty-five years as a teacher or nonteaching member in West
Virginia and is less than fifty-five years of age shall be is
eligible for an annuity, but the same annuity shall be the reduced
actuarial equivalent of the annuity the member would have received
if such the member were age fifty-five at the time such the annuity
was applied for.
The request for any annuity shall be made by the member in
writing to the retirement board, but in case of retirement for
disability, the written request may be made by either the member or
the employer.
A member shall be is eligible for annuity for disability if he
or she satisfies the conditions in either subdivision (a) or (b) of
this section and meets the conditions of subdivision (c) of this
section as follows:
(a) His or her service as a teacher or nonteaching member in
West Virginia must total at least ten years, and service as a
teacher or nonteaching member must have been terminated because of
disability, which. The disability must have caused absence from
service for at least six months before his or her the member's
application for disability annuity is approved.
(b) His or her service as a teacher or nonteaching member in
West Virginia must total at least five years, and service as a
teacher or nonteaching member must have been terminated because of disability, which. The disability must have caused absence from
service for at least six months before his or her the member's
application for disability annuity is approved and said the
disability is a direct and total result of an act of student
violence directed toward the member.
(c) An examination by a physician or physicians selected by
the retirement board must show that the member is at the time
mentally or physically incapacitated for service as a teacher, that
for such the service the disability is total and likely to be
permanent, and that he or she should be retired in consequence
thereof due to the disability.
Continuance of the disability of the retired teacher member
shall be established by medical examination, as prescribed in the
preceding paragraph subdivision (c) of this section, annually for
five years after retirement, and thereafter at such times as
required by the retirement board. may require. Effective the first
day of July, one thousand nine hundred ninety-eight, a A member who
has retired because of a disability may select an option of payment
under the provisions of section twenty-eight of this article:
Provided, That any option selected under the provisions of said
section shall be in all respects the actuarial equivalent of the
straight life annuity benefit the disability retiree receives or
would receive if the options under said section were not available and that no beneficiary or beneficiaries of the disability
annuitant may receive a greater benefit, nor receive any benefit
for a greater length of time, than such the beneficiary or
beneficiaries would have received had the disability retiree not
made any election of the options available under said section. In
determining the actuarial equivalence, the board shall take into
account the life expectancies of the member and the beneficiary:
Provided, however, That the life expectancies may at the discretion
of the board be established by an underwriting medical director of
a competent insurance company offering annuities. Payment of the
disability annuity provided in this article shall cease immediately
if the retirement board finds that the disability of the retired
teacher no longer exists or if the retired teacher refuses to
submit to medical examination as required by this section.
§18-7A-26. Computation of annuities.
Annuitants whose annuities were approved by the retirement
board effective before the first day of July, one thousand nine
hundred eighty, shall be paid the annuities which were approved by
the retirement board.
Annuities approved by the board effective after the thirtieth
day of June, one thousand nine hundred eighty, shall be computed as
provided herein in this section.
Upon establishment of eligibility for a retirement allowance, a member shall be granted an annuity which shall be the sum of the
following:
(a) Two percent of the member's average salary multiplied by
his or her total service credit as a teacher. In this paragraph
subsection "average salary" shall mean means the average of the
highest annual salaries received by the member during any five
years contained within his or her last fifteen years of total
service credit: Provided, That the highest annual salary used in
this calculation for certain members employed by the West Virginia
higher education policy commission under its control shall be four
thousand eight hundred dollars, as provided by section fourteen-a
of this article and chapter;
(b) The actuarial equivalent of the voluntary deposits of the
member in his or her individual account up to the time of his or
her retirement, with regular interest.
The disability annuities of all teachers retired for
disability shall be based upon a disability table prepared by a
competent actuary approved by the retirement board.
Upon the death of an annuitant who qualified for an annuity as
the surviving spouse of an active member or because of permanent
disability, the estate of the deceased or beneficiary designated
for such purpose, shall be paid the difference, if any, between the
member's contributions with regular interest thereon, and the sum of the annuity payments. Upon the death of a spouse who was named
as the member's survivor, a retirant may elect an annuity option
approved by the retirement board in an amount adjusted on a fair
basis to be of equal actuarial value as the annuity prospectively
in effect relative to the surviving member at the time the new
option is elected.
All annuities shall be paid in twelve monthly payments. In
computing the monthly payments, fractions of a cent shall be deemed
considered a cent. The monthly payments shall cease with the
payment for the month within which the beneficiary dies, and shall
begin with the payment for the month succeeding the month within
which the annuitant became eligible under this article for the
annuity granted; in no case, however, shall an annuitant receive
more than four monthly payments which are retroactive after the
board receives his or her application for annuity. Beginning with
the first day of July, one thousand nine hundred ninety-four, the
The monthly payments shall be made on the twenty-fifth day of each
month, except the month of December, when the payment shall be made
on the eighteenth day of December. If the date of payment falls on
a holiday, Saturday or Sunday, then the payment shall be made on
the preceding workday.
In case the retirement board receives data affecting the
approved annuity of a retired teacher, the annuity shall be changed in accordance with the data, the change being effective with the
payment for the month within which the board received the new data.
Any person who has attained the age of sixty-five and who has
served at least twenty-five years as a teacher prior to the first
day of July, one thousand nine hundred forty-one, shall be is
eligible for prior service credit and for prior service pensions as
prescribed in this section.
§18-7A-34. Loans to members.
A member of the retirement system upon written application may
borrow from his or her individual account in the teachers
accumulation fund, subject to these restrictions:
(1) Loans shall be made in multiples of ten dollars, the
minimal loan being one hundred dollars and the maximum being eight
thousand dollars: Provided, That the maximum amount of any loan
when added to the outstanding balance of all other loans shall not
exceed the lesser of the following: (a) Fifty Eight thousand
dollars reduced by the excess (if any) of the highest outstanding
balance of loans during the one-year period ending on the day
before the date on which the loan is made, over the outstanding
balance of loans to the member on the date on which the loan is
made; or (b) fifty percent of the member's contributions to his or
her individual account in the teachers accumulations fund:
Provided, however, That if the total amount of loaned money outstanding exceeds forty million dollars, the maximum shall not
exceed three thousand dollars until the retirement board determines
that loans outstanding have been reduced to an extent that
additional loan amounts are again authorized.
(2) Interest charged on the amount of the loan shall be six
percent per annum, or a higher rate as set by the retirement board:
Provided, That interest charged shall be commercially reasonable in
accordance with the provisions of Section 72(p)(2) of the Internal
Revenue Code and the federal regulations issued thereunder. If
repayable in installments, the interest shall not exceed the annual
rate so established upon the principal amount of the loan, for the
entire period of the loan, and such the charge shall be added to
the principal amount of the loan. The minimal interest charge
shall be for six months.
(3) No member shall be is eligible for more than one
outstanding loan at any time.
(4) If a refund is payable to the borrower or his or her
beneficiary before he or she repays the loan with interest, the
balance due with interest to date shall be deducted from such the
refund.
(5) From his or her monthly salary as a teacher the member
shall pay the loan and interest by deductions which will pay the
loan and interest in substantially level payments in not more than sixty nor less than six months. Upon notice of loan granted and
payment due, the employer shall be is responsible for making such
the salary deductions and reporting them to the retirement board.
At the option of the retirement board, loan deductions may be
collected as prescribed herein in this section for the collection
of members' contribution, or may be collected through issuance of
a warrant by the employer. If the borrower decides to make loan
payments while not paid for service as a teacher, the retirement
board must shall accept such the payments.
(6) The entire unpaid balance of any loan, and interest due
thereon on the unpaid balance, shall, at the option of the
retirement board, become due and payable without further notice or
demand upon the occurrence with respect to the borrowing member of
any of the following events of default: (A) Any payment of
principal and accrued interest on a loan remains unpaid after the
same it becomes due and payable under the terms of the loan or
after such the grace period as may be established in the discretion
of the retirement board; (B) the borrowing member attempts to make
an assignment for the benefit of creditors of his or her refund or
benefit under the retirement system; or (C) any other event of
default set forth in rules promulgated by the retirement board in
accordance with the authority granted pursuant to section one,
article ten-d, chapter five of this code: Provided, That any refund or offset of an unpaid loan balance shall be made only at
the time the member is entitled to receive a distribution under the
retirement system.
(7) Loans shall be evidenced by such form of obligations and
shall be made upon such any additional terms as to default,
prepayment, security and otherwise as the retirement board may
determine.
(8) Notwithstanding anything herein in this section to the
contrary, the loan program authorized by this section shall comply
with the provisions of Sections 72(p)(2) and 401 of the Internal
Revenue Code and the federal regulations issued thereunder, and
accordingly, the retirement board is authorized to may: (a) Apply
and construe the provisions of this section and administer the plan
loan program in such a manner as to comply that complies with the
provisions of Sections 72(p)(2) and 401 of the Internal Revenue
Code and the federal regulations issued thereunder; (b) adopt plan
loan policies or procedures consistent with these federal law
provisions; and (c) take such any actions as it deems considers
necessary or appropriate to administer the plan loan program
created hereunder in this section in accordance with these federal
law provisions. The retirement board is further authorized may, in
connection with the plan loan program, to take any actions that may
at any time be required by the internal revenue service regarding compliance with the requirements of Section 72(p)(2) or 401 of the
Internal Revenue Code and the federal regulations issued
thereunder, notwithstanding any provision in this article to the
contrary.
The bill (Eng. H. B. No. 4603), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
Having been engrossed, the bill (Eng. H. B. No. 4603) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4603) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4603--A Bill to amend and reenact §18-7A-
3, §18-7A-14, §18-7A-23a, §18-7A-25, §18-7A-26 and §18-7A-34 of the
code of West Virginia, 1931, as amended, all relating to providing
that rights of deceased retired participants to interest is to be
included in the calculation of terminal benefits payable; deleting
the definition of earnable compensation; adding the definition of
gross salary; clarifying maximum loan amount; and making technical
corrections.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
House Concurrent Resolution No. 65, Urging the United States
Corps of Engineers and the West Virginia Conservation Agency to
address the issue of flooding in Wyoming County by dredging all
flood prone waterways.
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, the resolution (H. C. R. No. 65) contained in the
preceding report from the Committee on Natural Resources was taken
up for immediate consideration.
The following amendments to the resolution, from the Committee
on Natural Resources, were reported by the Clerk, considered
simultaneously, and adopted:
On page one, by striking out everything after the title and
inserting in lieu thereof the following:
Whereas, Heavy rainfalls in the counties of the state have
caused widespread flooding with consequent property damage and human tragedy; and
Whereas, The waterways of many of the counties of the state
are regularly reduced in capacity by natural processes such as
stream bank sloughing and the accumulation of natural woody debris,
as well as refuse dumping; and
Whereas, Those waterways whose channels have been reduced in
capacity are primary contributors to the frequency, extent and
severity of flooding; and
Whereas, Many citizens who live near or adjacent to these
streams live in fear of floodwaters inundating their homes and
businesses; and
Whereas, During every heavy rain, elderly, frail and isolated
residents fear that clogged waterways will leave them vulnerable to
property damage which could have been prevented by dredging; and
Whereas, Scientific hydrologic studies have established that
the combination of extraordinary rainfall on saturated soil,
combined with a reduction in stream channel capacity, determines
the extent and magnitude of flooding in urban, suburban and rural
landscapes; and
Whereas, Individuals and businesses are limited in their
ability to clean and clear impediments from natural watercourses;
therefore, be it
Resolved by the Legislature of West Virginia:
That the United States Army Corps of Engineers, whose primary
mission is the reduction of flood damage, and the West Virginia
Conservation Agency, who has taken the initiative in charting a new
course of flood damage reduction and floodplain management in West
Virginia, are hereby requested to address the issue of flooding in
all counties of the state, including the dredging of all flood-
prone waterways; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the United States Army Corps of
Engineers, the West Virginia Conservation Agency and the West
Virginia congressional delegation.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
House Concurrent Resolution No. 65--Urging the United States
Army Corps of Engineers and the West Virginia Conservation Agency
to address the issue of flooding in counties of the state by
dredging all flood-prone waterways.
The question being on the adoption of the resolution (H. C. R.
No. 65), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 91, Requesting Joint
Committee on Government and Finance study fraudulent credit card
transactions.
Senate Concurrent Resolution No. 92, Requesting Joint
Committee on Government and Finance study ways to reduce and
eliminate sales tax on food.
Senate Concurrent Resolution No. 99, Requesting Joint
Committee on Government and Finance study sources of revenue to pay
for cost of clean-up of sites insured by Underground Storage Tank
Insurance Fund.
Senate Concurrent Resolution No. 100, Requesting Joint
Committee on Government and Finance study public school dress
codes.
And,
House Concurrent Resolution No. 69, Requesting a study on the
development of intellectual properties and other mechanisms to
encourage the film industry to conduct business in West Virginia.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
At the request of Senator Chafin, unanimous consent being
granted, Senate Concurrent Resolution No. 91 contained in the
preceding report from the Committee on Rules 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 and request concurrence therein.
At the request of Senator Chafin, unanimous consent being
granted, Senate Concurrent Resolution No. 92 contained in the
preceding report from the Committee on Rules 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 and request concurrence therein.
At the request of Senator Chafin, unanimous consent being
granted, Senate Concurrent Resolution No. 99 contained in the
preceding report from the Committee on Rules 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 and request concurrence therein.
At the request of Senator Chafin, unanimous consent being
granted, Senate Concurrent Resolution No. 100 contained in the
preceding report from the Committee on Rules 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 and request concurrence therein.
At the request of Senator Chafin, unanimous consent being
granted, House Concurrent Resolution No. 69 contained in the
preceding report from the Committee on Rules 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.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 102 (originating in the
Committee on Education)--Requesting the Higher Education Policy Commission, West Virginia University and West Virginia State
College, or University, as appropriate, study and make
recommendations regarding provision of Cooperative Extension
services in West Virginia through these public institutions of
higher education.
Whereas, West Virginia University and West Virginia State
College, or University, as appropriate, receive significant
federal, state and local funding to provide Cooperative Extension
services and programs throughout the state; and
Whereas, It is important that such funds be expended in a
manner that offers the greatest benefit to the citizens of West
Virginia with the least unnecessary duplication in programs and
services; and
Whereas, The Higher Education Policy Commission is responsible
for developing, establishing and implementing the public policy
agenda and for defining the mission for state institutions of
higher education under its jurisdiction consistent with that
agenda; and
Whereas, It is to the benefit of the citizens of the state for
West Virginia University and West Virginia State College, or
University, as appropriate, to cooperate with the Higher Education
Policy Commission in addressing issues regarding the following
programs and services offered through Cooperative Extension:
1. Describe locations at which such programs and services are
offered;
2. Provide information on funds expended for each program and
service;
3. Explore all possible sources of public and private funding
at all levels and identify ways in which services may be tailored
to attract such funding;
4. Seek and identify opportunities for consolidation,
economies and efficiencies in programs and services among West
Virginia University, West Virginia State College, or University, as
appropriate, and federal and local programs or agencies; and
5. Identify areas of unnecessary duplication of services and
programs by regional and programmatic areas; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests West Virginia University
and West Virginia State College, or University, as appropriate,
study and make recommendations regarding provision of Cooperative
Extension services in West Virginia through these public
institutions of higher education; and, be it
Further Resolved, That West Virginia University and West
Virginia State College, or University, as appropriate, are hereby
requested to report to the Higher Education Policy Commission on
their findings, conclusions and recommendations on these issues by November 1, 2004; and, be it
Further Resolved, That the Higher Education Policy Commission
is hereby requested to formulate recommendations to address the
findings and issues contained herein and in the report prepared by
West Virginia University and West Virginia State College, or
University, as appropriate; and, be it
Further Resolved, That the Higher Education Policy Commission
is hereby requested to present its findings, conclusions and
recommendations, together with drafts of any legislation necessary
to effectuate its recommendations, to the Joint Committee on
Government and Finance and the Legislative Oversight Commission on
Education Accountability by the first day of February, 2005; and,
be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Presidents of
West Virginia University and West Virginia State College, or
University, as appropriate, the Chairpersons of the institutional
Boards of Governors and the Chairperson and Chancellor of the
Higher Education Policy Commission.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the resolution (S. C. R. No. 102) contained in the
preceding report from the Committee on Education 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 and request concurrence therein.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
House Concurrent Resolution No. 74, Naming the bridge on Route
54, in Wyoming County, the "Charles S. 'Charlie Boy' Stump, Jr.
Memorial Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Ross,
Chair.
At the request of Senator Ross, unanimous consent being
granted, the resolution (H. C. R. No. 74) contained in the
preceding report from the Committee on Transportation 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.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
House Concurrent Resolution No. 75, Requesting the Governor to
take suitable public notice each year of the month of June as
"Mountain Bike Month".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the resolution (H. C. R. No. 75) contained in the
preceding report from the Committee on Government Organization 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.
The President then stated that the hour had arrived for the
special order of business, as to
Eng. Com. Sub. for Senate Bill No. 566, Establishing Unborn
Victims of Violence Act.
Having been received as a message from the House of Delegates
in earlier proceedings today, and the House amendments reported at
that time (shown in the Senate Journal of today, pages 109 to 112,
inclusive), now coming up as a special order, was again reported by
the Clerk.
The question being on the adoption of Senator Chafin's pending
motion that the Senate concur in the House amendments, as amended
(shown in the Senate Journal of today, pages 109 to 112,
inclusive).
At the request of Senator Chafin, and by unanimous consent,
his foregoing motion was withdrawn.
On motion of Senator Kessler, the following amendments to the
House of Delegates amendments to the bill were next reported by the
Clerk and considered simultaneously:
On page one, by striking out the section caption and inserting
in lieu thereof a new section caption, to read as follows:
§61-2-30. Recognizing an embryo or fetus as a distinct unborn victim of certain crimes of violence against the person.
;
On page one, section thirty, subsection (b), after the words
"otherwise be used" by striking out the remainder of the paragraph
and inserting a colon and the following: (1) To create or to imply
that a civil cause of action exists; or (2) for purposes of
argument in a civil cause of action, unless there has been a
criminal conviction under this section.;
On page one, section thirty, subsection (b), by striking out
all of subdivision (3);
On page two, section thirty, subsection (c), after the words
"pregnant woman and the" by inserting the words "embryo or";
On page two, section thirty, subsection (c), after the word
"carrying" by inserting the words "in the womb";
On page two, section thirty, subsection (d), subdivision (2),
after the words "by medical" by inserting the words "or health
care";
On page two, section thirty, subsection (d), subdivision (3),
after the word "medical" by inserting the words "or health care
personnel or scientific research";
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 566--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-2-30, relating to creating the "Unborn
Victims of Violence Act"; defining certain terms; identifying
offenses of violence against a person that are committed against a
pregnant woman or her embryo or fetus in the womb; establishing
that an embryo or fetus in the womb may be a separate and distinct
unborn victim in the case of certain violent crimes against a
pregnant woman or her embryo or fetus in the womb; providing
exceptions against the application of this section to certain
persons or entities; specifying penalties; and providing that a
conviction under this section, or of this article, is not a bar to
prosecution of, or punishment for, any other crime allegedly
committed by the defendant arising from the same incident.
The question being on the adoption of Senator Kessler's
amendments to the House of Delegates amendments to the bill.
Following discussion and a point of inquiry to the President,
with resultant response thereto,
Senator Chafin moved the previous question, which motion
prevailed.
The previous question having been ordered, that being on the
adoption of Senator Kessler's amendments to the House of Delegates
amendments to the bill (Eng. Com. Sub. for S. B. No. 566), the same
was put and prevailed.
Senator Chafin moved that the Senate concur in the House of
Delegates amendments, as just amended.
Following discussion,
Senator Deem moved the previous question.
Senator Rowe arose to a point of order that Senator Deem's
motion was out of order, in accordance with Senate Rule No. 8,
which states in part "Every member desiring to speak shall stand in
his or her own place, address the President and, upon being
recognized, shall proceed . . . ."
Which point of order, the President ruled well taken.
Following further discussion,
Senator Deem moved the previous question, which motion
prevailed.
The previous question having been ordered, that being on the
adoption of Senator Chafin's motion that the Senate concur in the
House of Delegates amendments, as just amended, the same was put
and prevailed.
Engrossed Committee Substitute for Senate Bill No. 566, as
amended, was then put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--31.
The nays were: McCabe and Rowe--2.
Absent: Bailey--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 566) passed with its Senate amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 8 p.m.
tonight.
Night Session
Upon expiration of the recess, the Senate reconvened and
resumed business under the fourth order.
Senator Love, from the Committee on Confirmations, submitted
the following report, which was received:
Your Committee on Confirmations has had under consideration
Senate Executive Message No. 2, dated January 27, 2004,
requesting confirmation by the Senate of the nominations mentioned
therein. The following list of names from Executive Message No. 2
is submitted:
1. For Member, Council on Aging, Dr. J. Clair Jarvis,
Charleston, Kanawha County, for the term ending June 30, 2007.
2. For Member, Council on Aging, Roy W. Brown, Weirton,
Hancock County, for the term ending June 30, 2007.
3. For Member, Council on Aging, Mary Jo Brady, Buckhannon,
Upshur County, for the term ending June 30, 2007.
4. For Member, Council on Aging, Earl F. Jarvis, Logan,
Logan County, for the term ending June 30, 2007.
5. For Member, Higher Education Policy Commission, Mary
Clare Eros, Shepherdstown, Jefferson County, for the term ending
June 30, 2007.
6. For Member, West Virginia University Board of Governors,
Douglas Leach, Morgantown, Monongalia County, for the term ending
June 30, 2007.
7. For Member, West Virginia University Board of Governors,
Elizabeth Chilton, Charleston, Kanawha County, for the term ending
June 30, 2007.
8. For Member, West Virginia University Board of Governors,
Michael J. Vetere, Jr., Morgantown, Monongalia County, for the term
ending June 30, 2006.
10. For Member, Marshall University Board of Governors,
Michael J. Farrell, Huntington, Cabell County, for the term ending
June 30, 2007.
11. For Member, Marshall University Board of Governors, Gary
Adkins, Huntington, Cabell County, for the term ending June 30,
2007.
12. For Member, Marshall University Board of Governors, Brent
A. Marstellar, Huntington, Cabell County, for the term ending June
30, 2007.
13. For Member, Emergency Medical Services Advisory Council,
Paul Seamann, Beckley, Raleigh County, for the term ending June 30,
2006.
14. For Member, Emergency Medical Services Advisory Council,
John Ashcraft, New Cumberland, Hancock County, for the term ending
June 30, 2006.
15. For Member, Emergency Medical Services Advisory Council,
Dr. Mike Hartzog, Morgantown, Monongalia County, for the term
ending June 30, 2006.
16. For Member, Emergency Medical Services Advisory Council,
Gary Collis, Martinsburg, Berkeley County, for the term ending June
30, 2006.
17. For Member, Motorcycle Safety Awareness Board, Linda
Gumm, Elkview, Kanawha County, for the term ending June 30, 2006.
18. For Member, Board of Manufactured Housing Construction
and Safety, Jack Albert, Charleston, Kanawha County, for the term
ending June 30, 2008.
19. For Member, Board of Manufactured Housing Construction
and Safety, Samuel L. Bonasso, Fairmont, Marion County, for the
term ending June 30, 2008.
21. For Member, Concord College Board of Governors, Dr.
Debbie Akers, Princeton, Mercer County, for the term ending June
30, 2004.
22. For Member, Concord College Board of Governors, Jim
Miller, Princeton, Mercer County, for the term ending June 30,
2006.
23. For Member, Concord College Board of Governors, Jim
Brown, Beckley, Raleigh County, for the term ending June 30, 2007.
24. For Member, Concord College Board of Governors, Margaret
Sayre, Beckley, Raleigh County, for the term ending June 30, 2007.
25. For Member, Board of Barbers and Cosmetologists, Justina
Gabbert, Wheeling, Ohio County, for the term ending June 30, 2007.
26. For Member, Board of Barbers and Cosmetologists, Robert
Nuckles, Ripley, Jackson County, for the term ending June 30, 2007.
27. For Member, Council for Community and Economic
Development, Gat Caperton, Berkeley Springs, Morgan County, for the
term ending June 30, 2007.
28. For Member, Council for Community and Economic
Development, E. T. Smith, Princeton, Mercer County, for the term
ending June 30, 2007.
29. For Member, Council for Community and Economic
Development, Newton Thomas, Charleston, Kanawha County, for the
term ending June 30, 2004.
30. For Member, Council for Community and Economic
Development, Greg Wooten, Logan, Logan County, for the term ending
June 30, 2007.
31. For Member, Contractor Licensing Board, Michael Carl,
Glen Dale, Marshall County, for the term ending June 30, 2006.
32. For Member, Contractor Licensing Board, Clifford
Gillilan, Frankford, Greenbrier County, for the term ending June
30, 2007.
33. For Member, Contractor Licensing Board, John Strickland,
Charleston, Kanawha County, for the term ending June 30, 2005.
34. For Member, Contractor Licensing Board, Bob Armstrong,
Williamstown, Wood County, for the term ending June 30, 2007.
35. For Member, Contractor Licensing Board, William Harmon,
Poca, Putnam County, for the term ending June 30, 2005.
36. For Member, Contractor Licensing Board, John S. Casto,
Charleston, Kanawha County, for the term ending June 30, 2007.
37. For Member, Board of Control for Southern Regional
Education Board, The Honorable Robert H. Plymale, Ceredo, Wayne
County, for the term ending June 30, 2005.
38. For Member, State Fire Commission, Chuck Runyon, Madison, Boone County, for the term ending June 30, 2008.
39. For Member, Radiologic Technologists Board of Examiners,
Susie Bellomy, Huntington, Cabell County, for the term ending June
30, 2006.
40. For Member, Radiologic Technologists Board of Examiners,
Dr. Judith S. Schreiman, Morgantown, Monongalia County, for the
term ending June 30, 2006.
41. For Member, Radiologic Technologists Board of Examiners,
Grace Peters, Belle, Kanawha County, for the term ending June 30,
2005.
42. For Member, Massage Therapy Licensure Board, Dewayne
Vass, Princeton, Mercer County, for the term ending June 30, 2005.
43. For Member, Massage Therapy Licensure Board, Joan F.
Wysong, Nitro, Kanawha County, for the term ending June 30, 2005.
44. For Member, Massage Therapy Licensure Board, Marsha
Starr, Hamlin, Lincoln County, for the term ending June 30, 2004.
45. For Member, Massage Therapy Licensure Board, John
Skelton, Shady Spring, Raleigh County, for the term ending June 30,
2004.
46. For Member, Massage Therapy Licensure Board, Dr. Roland
Meffort, Nitro, Kanawha County, for the term ending June 30, 2005.
47. For Member, Statewide Independent Living Council, Linda
Maniak, Charleston, Kanawha County, for the term ending June 30, 2006.
48. For Member, Statewide Independent Living Council, Jan
Derry, Morgantown, Monongalia County, for the term ending June 30,
2006.
49. For Member, Statewide Independent Living Council, Sue
Patalano, Burning Springs, Wirt County, for the term ending June
30, 2006.
50. For Member, Statewide Independent Living Council, Vanessa
VanGilder, Charleston, Kanawha County, for the term ending June 30,
2006.
51. For Member, Statewide Independent Living Council, Pamela
S. Akers, Bluefield, Mercer County, for the term ending June 30,
2004.
52. For Member, Statewide Independent Living Council, Althea
M. Berry, Coal City, Raleigh County, for the term ending June 30,
2006.
53. For Member, Statewide Independent Living Council, Ronald
W. Brown, South Charleston, Kanawha County, for the term ending
June 30, 2006.
54. For Member, Statewide Independent Living Council, Marcus
Canaday, Cross Lanes, Kanawha County, for the term ending June 30,
2006.
55. For Member, Statewide Independent Living Council, Kelly A. Dowdy, Huntington, Cabell County, for the term ending June 30,
2006.
56. For Member, Family Protection Services Board, Barbara
Hawkins, Princeton, Mercer County, for the term ending June 30,
2004.
57. For Member, Library Commission, Katey White, Charleston,
Kanawha County, for the term ending June 30, 2007.
58. For Member, Housing Development Fund, Richard Bowlby,
Spencer, Roane County, for the term ending October 30, 2006.
59. For Member, West Virginia School of Osteopathic Medicine
Board of Governors, Dr. Lewis A. Whaley, Charleston, Kanawha
County, for the term ending June 30, 2007.
60. For Member, West Virginia School of Osteopathic Medicine
Board of Governors, Dr. Jeffrey DeBord, Martinsburg, Berkeley
County, for the term ending June 30, 2007.
61. For Member, State Board of Risk and Insurance Management,
Bruce Martin, Fairmont, Marion County, for the term ending June 30,
2007.
62. For Member, Family Protection Services Board, Judy King
Smith, Morgantown, Monongalia County, for the term ending June 30,
2005.
63. For Member, Family Protection Services Board, Judi Ball,
Parkersburg, Wood County, for the term ending June 30, 2006.
64. For Member, Board of Accountancy, Gayle Mason, Lewisburg,
Greenbrier County, for the term ending June 30, 2005.
65. For Member, Board of Accountancy, Reed Tanner,
Morgantown, Monongalia County, for the term ending June 30, 2005.
66. For Member, Board of Accountancy, Roy Rishel, Spencer,
Roane County, for the term ending June 30, 2006.
67. For Member, Board of Accountancy, John Bodkin, Jr.,
Wheeling, Ohio County, for the term ending June 30, 2006.
68. For Chair, Public Service Commission, Ed Staats,
Ravenswood, Jackson County, for the term ending June 30, 2009.
69. For Member, Public Service Commission, The Honorable Mike
Shaw, Point Pleasant, Mason County, for the term ending June 30,
2007.
70. For Member, Bluefield State College Board of Governors,
John E. Caffrey, Welch, McDowell County, for the term ending June
30, 2006.
71. For Member, Bluefield State College Board of Governors,
Jack D. Stafford, Princeton, Mercer County, for the term ending
June 30, 2006.
72. For Member, Bluefield State College Board of Governors,
Rev. Garry Moore, Bluefield, Mercer County, for the term ending
June 30, 2006.
73. For Member, West Virginia Northern Community College Board of Governors, Frank Gilmore, New Martinsville, Wetzel County,
for the term ending June 30, 2007.
74. For Member, West Liberty State College Board of
Governors, John Moore, Wheeling, Ohio County, for the term ending
June 30, 2007.
75. For Member, West Liberty State College Board of
Governors, Roseanna Keller, New Martinsville, Wetzel County, for
the term ending June 30, 2007.
76. For Member, Eastern West Virginia Community and Technical
College, Ronald Whetzel, Moorefield, Hardy County, for the term
ending June 30, 2007.
77. For Member, Eastern West Virginia Community and Technical
College, Mary G. Mongold, Moorefield, Hardy County, for the term
ending June 30, 2007.
78. For Member, Shepherd College Board of Governors, Brent
Robinson, Morgantown, Monongalia County, for the term ending June
30, 2007.
79. For Member, Shepherd College Board of Governors, John
Sherwood, Ranson, Jefferson County, for the term ending June 30,
2007.
80. For Member, Southern West Virginia Community and
Technical College Board of Governors, Jada Hunter, Williamson,
Mingo County, for the term ending June 30, 2007.
81. For Member, Board of Banking and Financial Institutions,
Paul W. Donahie, Wheeling, Ohio County, for the term ending June
30, 2008.
82. For Member, Board of Banking and Financial Institutions,
Mike Hudnall, Fairmont, Marion County, for the term ending June 30,
2009.
83. For Member, State Fire Commission, Larry Goodwin, Vienna,
Wood County, for the term ending June 30, 2005.
84. For Member, Board of Veterinary Medicine, Virginia Lee
Hastings, Huntington, Cabell County, for the term ending June 30,
2007.
85. For Member, Board of Veterinary Medicine, Betty Burkett,
Moundsville, Marshall County, for the term ending June 30, 2006.
86. For Member, Board of Veterinary Medicine, Dr. Dennis
James Moore, Fairmont, Marion County, for the term ending June 30,
2008.
87. For Member, Board of Veterinary Medicine, Dr. Barbara
Jean Meade, Morgantown, Monongalia County, for the term ending June
30, 2007.
88. For Member, Board of Veterinary Medicine, Dr. Ronald
Smith, Charleston, Kanawha County, for the term ending June 30,
2006.
89. For Member, Tourism Commission, Michelle Holl, Vienna, Wood County, for the term ending May 1, 2007.
90. For Member, Tourism Commission, The Honorable Oshel B.
Craigo, Winfield, Putnam County, for the term ending May 1, 2007.
91. For Member, Tourism Commission, Dale Maurer, New
Cumberland, Hancock County, for the term ending May 1, 2007.
92. For Member, Tourism Commission, David Arnold, Lansing,
Fayette County, for the term ending May 1, 2007.
93. For Member, Ohio River Valley Water Sanitation
Commission, David M. Flannery, Charleston, Kanawha County, for the
term ending June 30, 2008.
94. For Member, Board of Examiners for Registered
Professional Nurses, Diana Boyle, Fairmont, Marion County, for the
term ending June 30, 2008.
95. For Member, West Virginia Economic Development
Authority, Gregory K. Smith, Parkersburg, Wood County, for the term
ending June 30, 2007.
96. For Member, Economic Development Authority, Jeff A.
Vickers, Charleston, Kanawha County, for the term ending June 30,
2007.
97. For Member, Fairmont State College Board of Governors,
James Martin, Fairmont, Marion County, for the term ending June 30,
2006.
98. For Member, Fairmont State College Board of Governors, Heather M. Garrison, Charleston, Kanawha County, for the term
ending June 30, 2007.
99. For Member, Fairmont State College Board of Governors,
Janice Dennison, Fairmont, Marion County, for the term ending June
30, 2006.
100. For Member, Fairmont State College Board of Governors,
Dr. Carl H. Friebel, Jr., Bridgeport, Harrison County, for the term
ending June 30, 2007.
101. For Member, Workforce Investment Council, Carol DuBray,
Bridgeport, Harrison County, for the term ending January 11, 2006.
103. For Member, Natural Resources Commission, David Milne,
Bruceton Mills, Preston County, for the term ending June 30, 2009.
104. For Member, Natural Resources Commission, James C. Smith,
Elkview, Kanawha County, for the term ending June 30, 2006.
105. For Member, Natural Resources Commission, Ken Wilson,
Chapmanville, Logan County, for the term ending June 30, 2010.
106. For Member, Bluefield State College Board of Governors,
Jeffrey L. Forlines, Bluefield, Mercer County, for the term ending
June 30, 2007.
107. For Member, National Coal Heritage Area Authority, Karen
Disibbio, Princeton, Mercer County, for the term ending June 30,
2004.
108. For Member, State Aeronautics Commission, John W. Woods III, Scott Depot, Putnam County, for the term ending June 30, 2006.
109. For Member, State Aeronautics Commission, Rick Wachtel,
Martinsburg, Berkeley County, for the term ending June 30, 2007.
110. For Member, Board of Respiratory Care, Karen J. Stewart,
Charleston, Kanawha County, for the term ending June 30, 2007.
111. For Member, Board of Respiratory Care, Barbara Folden,
Mullens, Wyoming County, for the term ending June 30, 2007.
112. For Member, Board of Examiners of Psychologists, Dr.
Martin J. Amerikaner, Huntington, Cabell County, for the term
ending June 30, 2006.
113. For Member, Board of Examiners of Psychologists, Lois
Merritt, Huntington, Cabell County, for the term ending June 30,
2006.
114. For Member, Board of Examiners of Psychologists, Diane
Weiss Mufson, Huntington, Cabell County, for the term ending June
30, 2006.
115. For Member, Parkways, Economic Development and Tourism
Authority, The Honorable Hulett Smith, Beckley, Raleigh County, for
the term ending May 31, 2010.
117. For Member, Educational Broadcasting Authority, Ana
Marino, Charleston, Kanawha County, for the term ending June 30,
2010.
118. For Member, Commission on the Arts, William Davis, Charleston, Kanawha County, for the term ending June 30, 2004.
119. For Member, Commission on the Arts, Callen McJunkin,
Charleston, Kanawha County, for the term ending June 30, 2006.
120. For Member, Commission on the Arts, Stephen M. Hopta,
Bluefield, Mercer County, for the term ending June 30, 2006.
121. For Member, Commission on the Arts, Arthur Ballard,
Peterstown, Monroe County, for the term ending June 30, 2006.
122. For Member, Commission on the Arts, Elaine D'Alessandri,
Morgantown, Monongalia County, for the term ending June 30, 2004.
123. For Member, Commission on the Arts, Dr. Raphael Heaggans,
Princeton, Mercer County, for the term ending June 30, 2005.
124. For Member, Commission on the Arts, Susan Stevenson
Landis, Daniels, Raleigh County, for the term ending June 30, 2005.
125. For Member, Commission on the Arts, Addie Ours,
Petersburg, Grant County, for the term ending June 30, 2006.
126. For Member, Commission on the Arts, Walker Peterson
Holloway, Jr., Wheeling, Ohio County, for the term ending June 30,
2006.
127. For Member, Commission on the Arts, Jeanne Mozier,
Berkeley Springs, Morgan County, for the term ending June 30, 2005.
128. For Member, Commission on the Arts, Dorothy Demboski, Red
Creek, Tucker County, for the term ending June 30, 2004.
129. For Member, Commission on the Arts, Bruce Betler, Helvetia, Randolph County, for the term ending June 30, 2006.
130. For Member, Archives and History Commission, Dr. Charles
Hulse, Shepherdstown, Jefferson County, for the term ending June
30, 2004.
131. For Member, Archives and History Commission, Marjorie
Zirk, Moorefield, Hardy County, for the term ending June 30, 2004.
132. For Member, Archives and History Commission, Robert
Conte, White Sulphur Springs, Greenbrier County, for the term
ending June 30, 2005.
133. For Member, Archives and History Commission, Dr. Joan
Walker, Hedgesville, Berkeley County, for the term ending June 30,
2005.
134. For Member, Archives and History Commission, Joy
Gilchrist Stalnaker, Horner, Lewis County, for the term ending June
30, 2006.
135. For Member, Archives and History Commission, Walton
Stowell, Harpers Ferry, Jefferson County, for the term ending June
30, 2006.
136. For Member, Archives and History Commission, Noel Tenney,
Buckhannon, Upshur County, for the term ending June 30, 2004.
137. For Member, Archives and History Commission, Gloria
Godzick, Morgantown, Monongalia County, for the term ending June
30, 2005.
138. For Member, Archives and History Commission, Dr. Kenneth
Bailey, Elkview, Kanawha County, for the term ending June 30, 2005.
139. For Member, Archives and History Commission, Dr. Charles
Ledbetter, Nitro, Kanawha County, for the term ending June 30,
2006.
140. For Member, Archives and History Commission, Margaret
Brennan, Wheeling, Ohio County, for the term ending June 30, 2006.
141. For Member, Board of Examiners in Counseling, John
Charonko, Charleston, Kanawha County, for the term ending June 30,
2007.
142. For Member, Board of Examiners in Counseling, Deborah
Frost, Charleston, Kanawha County, for the term ending June 30,
2008.
143. For Member, Board of Examiners in Counseling, Robert
Rubenstein, Charleston, Kanawha County, for the term ending June
30, 2008.
144. For Member, Board of Examiners in Counseling, John Niles,
Huntington, Cabell County, for the term ending June 30, 2007.
145. For Member, Parole Board, Frederick Bumgardner,
Flemington, Taylor County, for the term ending June 30, 2009.
146. For Member, Women's Commission, Kasey L. Russell,
Charleston, Kanawha County, for the term ending June 30, 2006.
147. For Member, Women's Commission, Robin Stultz, Weston, Lewis County, for the term ending June 30, 2006.
148. For Member, Capitol Building Commission, David Marshall,
Charleston, Kanawha County, for the term ending June 30, 2006.
149. For Member, Board of Dental Examiners, Dr. James W.
Vargo, Beckley, Raleigh County, for the term ending June 30, 2008.
150. For Member, Tourism Commission, Steve White, Charleston,
Kanawha County, for the term ending May 1, 2006.
151. For Member, Real Estate Appraiser Licensing and
Certification Board, Larry Puccio, Fairmont, Marion County, for the
term ending June 30, 2006.
152. For Member, Consolidated Public Retirement Board, William
McGinley, Charleston, Kanawha County, for the term ending June 30,
2008.
153. For Member, Driver's Licensing Advisory Board, Dr. Terry
Elliott, Wheeling, Ohio County, for the term ending June 30, 2006.
154. For Member, Ethics Commission, Ronald Salmons, Salt Rock,
Cabell County, for the term ending June 30, 2008.
155. For Member, Ethics Commission, Drema Radford, Beckley,
Raleigh County, for the term ending June 30, 2008.
156. For Member, Ethics Commission, James Shepherd,
Barboursville, Cabell County, for the term ending June 30, 2008.
157. For Member, Board of Examiners of Land Surveyors, Leon
Spencer, Oak Hill, Fayette County, for the term ending June 30, 2006.
158. For Member, Blennerhassett Island Historical State Park
Commission, Howard Seufer, Vienna, Wood County, for the term ending
September 16, 2006.
159. For Member, Blennerhassett Island Historical State Park
Commission, Elizabeth McDermott, Parkersburg, Wood County, for the
term ending September 16, 2006.
160. For Member, Blennerhassett Island Historical State Park
Commission, Jerrel Anderson, Vienna, Wood County, for the term
ending September 16, 2007.
161. For Member, Blennerhassett Island Historical State Park
Commission, Robert Crooks, Vienna, Wood County, for the term ending
September 16, 2007.
162. For Member, Blennerhassett Island Historical State Park
Commission, Linda Watkins, Vienna, Wood County, for the term ending
September 16, 2007.
163. For Member, Board of Coal Mine Health and Safety, The
Honorable Stephen L. Cook, Morgantown, Monongalia County, for the
term ending June 30, 2006.
164. For Member, Board of Coal Mine Health and Safety, Carl D.
Egnor, Chapmanville, Logan County, for the term ending June 30,
2006.
165. For Member, Board of Coal Mine Health and Safety, Charles Boggs, Charleston, Kanawha County, for the term ending June 30,
2006.
166. For Member, Board of Coal Mine Health and Safety, David
Ashby, Seth, Boone County, for the term ending June 30, 2006.
167. For Member, Board of Coal Mine Health and Safety, Richard
Glover, Charleston, Kanawha County, for the term ending June 30,
2004.
169. For Member, Housing Development Fund, The Honorable Gino
Colombo, Clarksburg, Harrison County, for the term ending October
30, 2007.
170. For Member, Council for Community and Technical College
Education, Clarence B. Pennington, Martinsburg, Berkeley County,
for the term ending December 20, 2005.
171. For Member, Higher Education Policy Commission, Michael
S. Garrison, Fairmont, Marion County, for the term ending June 30,
2007.
172. For Member, State Fire Commission, David Toliver,
Beckley, Raleigh County, for the term ending June 30, 2008.
173. For Member, School Building Authority, Robert E. Holroyd,
Princeton, Mercer County, for the term ending July 31, 2006.
174. For Member, School Building Authority, Nicholas
Preservati, Charleston, Kanawha County, for the term ending July
31, 2005.
175. For Member, Surface Mine Board, Randy L. McMillion,
Pinch, Kanawha County, for the term ending June 30, 2006.
176. For Member, Economic Development Authority, Richard L.
Slater, Charleston, Kanawha County, for the term ending June 30,
2006.
177. For Member, State Rail Authority, Buddy L. Webster,
Mathias, Hardy County, for the term ending June 30, 2009.
178. For Member, Workers' Compensation Board of Review, Robert
G. Wolpert, South Charleston, Kanawha County, for the term ending
January 31, 2006.
179. For Member, Workers' Compensation Board of Review, Rita
Helmick, Marlinton, Pocahontas County, for the term ending January
31, 2008.
180. For Member, Workers' Compensation Board of Review, Jack
Stevens, Hamlin, Lincoln County, for the term ending January 31,
2010.
181. For Member, Board of Miner Training, Education and
Certification, Donald C. Presley, Princeton, Mercer County, for the
term ending June 30, 2005.
182. For Member, Board of Miner Training, Education and
Certification, Mike Smith, McMechen, Marshall County, for the term
ending June 30, 2006.
183. For Member, Board of Miner Training, Education and Certification, Joe Campbell, Hansford, Kanawha County, for the term
ending June 30, 2006.
184. For Member, Board of Miner Training, Education and
Certification, Chris Hamilton, Elkview, Kanawha County, for the
term ending June 30, 2004.
185. For Member, Board of Miner Training, Education and
Certification, Ken Perdue, Lyburn, Logan County, for the term
ending June 30, 2004.
186. For Member, Board of Miner Training, Education and
Certification, Stephen Webber, Belington, Barbour County, for the
term ending June 30, 2004.
187. For Member, Board of Funeral Service Examiners, Ben
Williams, Oak Hill, Fayette County, for the term ending June 30,
2007.
188. For Member, West Virginia Northern Community College
Board of Governors, Conner Boyd, Wheeling, Ohio County, for the
term ending June 30, 2006.
189. For Member, West Virginia Northern Community College
Board of Governors, Orphy Klempa, Wheeling, Ohio County, for the
term ending June 30, 2005.
190. For Member, Council for Community and Economic
Development, Hugh Stanley Cavendish, Charleston, Kanawha County,
for the term ending June 30, 2005.
191. For Commissioner, Division of Motor Vehicles, F. Douglas
Stump, Elkview, Kanawha County, to serve at the will and pleasure
of the Governor.
192. For Member, State Athletic Commission, Robert P.
Fitzsimmons, Wheeling, Ohio County, for the term ending June 30,
2006.
193. For Member, Board of Education, Lowell Johnson,
Lewisburg, Greenbrier County, for the term ending November 4, 2012.
194. For Member, West Virginia Board of Education, Burma
Hatfield, Gilbert, Mingo County, for the term ending November 4,
2011.
195. For Member, West Liberty State College Board of
Governors, Bernard P. Twigg, Glen Dale, Marshall County, for the
term ending June 30, 2004.
196. For Member, School Building Authority, Connie Perry,
Berkeley Springs, Morgan County, for the term ending July 31, 2007.
197. For Member, Shepherd College Board of Governors, Doris
Griffin, Martinsburg, Berkeley County, for the term ending June 30,
2006.
198. For Member, Radiologic Technologists Board of Examiners,
Jamie Browning, Logan, Logan County, for the term ending June 30,
2004.
199. For Member, Board of Pharmacy, Lydia Main, Masontown, Preston County, for the term ending June 30, 2008.
200. For Member, Interstate Commission on the Potomac River
Basin, Marten R. Jenkins, Jr., Shepherdstown, Jefferson County, for
the term ending March 26, 2004.
201. For Member, Public Port Authority, Newton Thomas,
Charleston, Kanawha County, for the term ending June 30, 2006.
202. For Member, Public Port Authority, Charles Lanham, Point
Pleasant, Mason County, for the term ending June 30, 2005.
203. For Member, Disaster Recovery Board, Thomas Stein,
Moorefield, Hardy County, for the term ending June 30, 2006.
204. For Member, Consolidated Public Retirement Board, Donald
T. Murray, Chester, Hancock County, for the term ending June 30,
2008.
205. For Member, Consolidated Public Retirement Board, David
Anderson, Charleston, Kanawha County, for the term ending June 30,
2008.
206. For Member, Women's Commission, Cheri Heflin, Charleston,
Kanawha County, for the term ending June 30, 2006.
And,
Senate Executive Message No. 4, dated March 5, 2004,
requesting confirmation by the Senate of the nominations mentioned
therein. The following list of names from Executive Message No. 4
is submitted:
1. For Member, Hospital Finance Authority, David L.
Williams, Hurricane, Putnam County, for the term ending January 9,
2009.
2. For Member, State Athletic Commission, Steven A. Allred,
Julian, Boone County, for the term ending June 30, 2007.
3. For Member, Parole Board, Brenda Stucky, Charleston,
Kanawha County, for the term ending June 30, 2007.
4. For Member, State Athletic Commission, Samuel Minardi,
Charleston, Kanawha County, for the term ending June 30, 2007.
5. For Member, State Athletic Commission, Lance E. Rollo,
Morgantown, Monongalia County, for the term ending June 30, 2004.
6. For Member, Board of Directors of the Clay Center for the
Arts and Sciences, Nick Fantasia, Fairmont, Marion County, for the
term ending June 30, 2006.
7. For Member, Board of Directors of the Clay Center for the
Arts and Sciences, Sharon Horton Rowe, Lewisburg, Greenbrier
County, for the term ending June 30, 2006.
8. For Member, Consolidated Public Retirement Board, David
Wyant, Charleston, Kanawha County, for the term ending June 30,
2008.
9. For Member, Council for Community and Technical College
Education, Nelson B. Robinson, Charleston, Kanawha County, for the
term ending December 20, 2007.
10. For Member, Council for Community and Technical College
Education, Fred Oelschalger, Moundsville, Marshall County, for the
term ending December 20, 2007.
11. For Member, Election Commission, Gary A. Collias,
Charleston, Kanawha County, for the term ending June 4, 2008.
12. For Member, Investment Management Board, William T.
Tracy, Huntington, Cabell County, for the term ending January 31,
2010.
13. For Member, Investment Management Board, Marie Prezioso,
Charleston, Kanawha County, for the term ending January 31, 2010.
14. For Member, Jobs Investment Trust Board, Walter Dial,
Charleston, Kanawha County, for the term ending June 30, 2007.
15. For Member, Jobs Investment Trust Board, Richard Adams,
Parkersburg, Wood County, for the term ending June 30, 2006.
16. For Member, Board of Medicine, Doris M. Griffin,
Martinsburg, Berkeley County, for the term ending September 30,
2008.
17. For Member, National Coal Heritage Area Authority, Mack
Gillenwater, Huntington, Cabell County, for the term ending June
30, 2007.
18. For Member, National Coal Heritage Area Authority, Cleo
Mathews, Hinton, Summers County, for the term ending June 30, 2007.
19. For Member, Nursing Home Administrators Licensing Board, Charles McCallister, Elkins, Randolph County, for the term ending
June 30, 2009.
20. For Member, Public Employees Insurance Agency Finance
Board, John Ruddick, Hurricane, Putnam County, for the term ending
June 30, 2006.
21. For Member, Public Employees Insurance Agency Finance
Board, Elaine Harris, St. Albans, Kanawha County, for the term
ending June 30, 2007.
22. For Member, Water Development Authority, John Huddleston,
Charleston, Kanawha County, for the term ending May 17, 2009.
23. For Member, Public Port Authority, Paul F. Wilkinson,
Charleston, Kanawha County, for the term ending June 30, 2004.
24. For Member, Board of the PROMISE Scholarship Program,
Frank D. Calabrese, Wheeling, Ohio County, for the term ending July
24, 2005.
25. For Member, Glenville State College Board of Governors,
Donald Southall, Spencer, Roane County, for the term ending June
30, 2006.
26. For Member, Glenville State College Board of Governors,
Ronald Blankenship, Grantsville, Calhoun County, for the term
ending June 30, 2007.
27. For Member, Glenville State College Board of Governors,
Laura Kuhns, Fairmont, Marion County, for the term ending June 30, 2006.
28. For Member, Glenville State College Board of Governors,
Les Facemyer, Ripley, Jackson County, for the term ending June 30,
2007.
29. For Member, State Fire Commission, James Oldaker, Alum
Creek, Kanawha County, for the term ending June 30, 2008.
30. For Member, Board of Directors of the Affordable Housing
Trust Fund, Marlo Scruggs, Charleston, Kanawha County, for the term
ending June 30, 2004.
31. For Member, Board of Directors of the Affordable Housing
Trust Fund, Loretta Fullen, Matewan, Mingo County, for the term
ending June 30, 2007.
And reports the same back with the recommendation that the
Senate do advise and consent to all of the nominations listed
above.
Respectfully submitted,
Shirley Love,
Chair.
__________
The time having arrived for the special order of business to
consider the list of nominees for public office submitted by His
Excellency, the Governor, the special order thereon was called by
the President.
Thereupon, Senator Tomblin (Mr. President) laid before the
Senate the following executive messages:
Senate Executive Message No. 2, dated January 27, 2004 (shown
in the Senate Journal of January 27, 2004, pages 2 through 21,
inclusive);
And,
Senate Executive Message No. 4, dated March 5, 2004 (shown in
the Senate Journal of March 8, 2004, pages 86 through 89,
inclusive).
Senator Love then moved that the Senate advise and consent to
all of the executive nominations referred to in the foregoing
report from the Committee on Confirmations.
On motion of Senator Bowman, Senator Love's motion was amended
to provide that the nominations of The Honorable Robert H. Plymale
to the Board of Control for Southern Regional Education Board
(being nomination number 37 in Executive Message No. 2), Rita
Helmick to the Workers' Compensation Board of Review (being
nomination number 179 in Executive Message No. 2), Samuel Minardi
to the State Athletic Commission (being nomination number 4 in
Executive Message No. 4), Marie Prezioso to the Investment
Management Board (being nomination number 13 in Executive Message
No. 4) and Les Facemyer to the Glenville State College Board of
Governors (being nomination number 28 in Executive Message No. 4) be considered separately.
The question being on the adoption of Senator Love's motion,
as amended,
The roll was then taken; and
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, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Love's
motion, as amended, had prevailed.
Senator Bowman then moved that the nomination of The Honorable
Robert H. Plymale to the Board of Control for Southern Regional
Education Board (being nomination number 37 in Executive Message
No. 2) be confirmed.
Prior to the call of the roll, Senator Plymale moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
The roll was then taken; and
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, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: None.
Excused from voting: Plymale--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Bowman's
motion had prevailed and the nomination of The Honorable Robert H.
Plymale to the Board of Control for Southern Regional Education
Board had been confirmed.
Senator Bowman then moved that the nomination of Rita Helmick
to the Workers' Compensation Board of Review (being nomination
number 179 in Executive Message No. 2) be confirmed.
Prior to the call of the roll, Senator Helmick moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
The roll was then taken; and
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: None.
Excused from voting: Helmick--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Bowman's
motion had prevailed and the nomination of Rita Helmick to the
Workers' Compensation Board of Review had been confirmed.
Senator Bowman then moved that the nomination of Samuel
Minardi to the State Athletic Commission (being nomination number
4 in Executive Message No. 4) be confirmed.
Prior to the call of the roll, Senator Minard moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
The roll was then taken; and
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, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
The nays were: None.
Absent: None.
Excused from voting: Minard--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Bowman's
motion had prevailed and the nomination of Samuel Minardi to the
State Athletic Commission had been confirmed.
Senator Bowman then moved that the nomination of Marie
Prezioso to the Investment Management Board (being nomination
number 13 in Executive Message No. 4) be confirmed.
Prior to the call of the roll, Senator Prezioso moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
The roll was then taken; and
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, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: None.
Excused from voting: Prezioso--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Bowman's
motion had prevailed and the nomination of Marie Prezioso to the
Investment Management Board had been confirmed.
Senator Bowman then moved that the nomination of Les Facemyer
to the Glenville State College Board of Governors (being nomination
number 28 in Executive Message No. 4) be confirmed.
Prior to the call of the roll, Senator Facemyer moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
The roll was then taken; and
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, 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)--33.
The nays were: None.
Absent: None.
Excused from voting: Facemyer--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Bowman's motion had prevailed and the nomination of Les Facemyer to the
Glenville State College Board of Governors had been confirmed.
Senator McCabe moved that the Senate advise and consent to the
nomination of Russ Isaacs to the West Virginia University Board of
Governors (being nomination number 9 in Executive Message No. 2),
Edward C. Armbrecht, Jr., to the Environmental Quality Board (being
nomination number 20 in Executive Message No. 2), David Dickirson
to the Tourism Commission (being nomination number 102 in Executive
Message No. 2), David Dickirson to the Parkways, Economic
Development and Tourism Authority (being nomination number 116 in
Executive Message No. 2) and Russ Isaacs to the Housing Development
Fund (being nomination number 168 in Executive Message No. 2).
Following a point of inquiry to the President, with resultant
response thereto,
On motion of Senator Sprouse, Senator McCabe's motion was
amended to provide that the nomination of Edward C. Armbrecht, Jr.,
to the Environmental Quality Board (being nomination number 20 in
Executive Message No. 2) be considered separately.
The question being on the adoption of Senator McCabe's motion,
as amended,
The roll was then taken; and
On this question, the yeas were: Boley, Caldwell, Dempsey,
Edgell, Facemyer, Hunter, Jenkins, Kessler, Love, McCabe, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Unger, Weeks,
White and Tomblin (Mr. President)--22.
The nays were: Bailey, Bowman, Chafin, Deem, Fanning, Guills,
Harrison, Helmick, McKenzie, Minard, Minear and Sprouse--12.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator McCabe's
motion, as amended, had prevailed and the nominations of Russ
Isaacs to the West Virginia University Board of Governors, David
Dickirson to the Tourism Commission, David Dickirson to the
Parkways, Economic Development and Tourism Authority and Russ
Isaacs to the Housing Development Fund had been confirmed.
Senator Sprouse then moved that the nomination of Edward C.
Armbrecht, Jr., to the Environmental Quality Board (being
nomination number 20 in Executive Message No. 2) be confirmed.
The roll was then taken; and
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, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Sprouse's
motion had prevailed and the nomination of Edward C. Armbrecht,
Jr., to the Environmental Quality Board had been confirmed.
__________
Consideration of executive nominations having been concluded,
At the request of Senator Prezioso, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senator Prezioso as to the introduction of
Nancy Atkins, Commissioner of the Bureau for Medical Services and
the state Medicaid Director, were ordered printed in the Appendix
to the Journal.
The Senate again proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect July 1,
2004, of
Eng. Senate Bill No. 316, Providing procedures for determining
daily cost for certain inmates.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect July 1, 2004, of
Eng. Senate Bill No. 317, Increasing parolee supervision fee.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 319, Relating to centers for housing
young adult offenders.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 402, Relating to authority of board of
risk and insurance management to promulgate certain legislative
rules.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 456, Requiring state
agencies administering funds or grants notify grantee in certain
cases.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 480, Exempting nonprofit licensed nursing
homes from registration under solicitation of charitable funds act.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 512, Authorizing rules of higher
education policy commission relating to HEAPS; purchasing
efficiencies.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 569, Clarifying and preserving
irrevocability of certain trusts.
A message from The Clerk of the House of Delegates announced
that that body had receded from its amendment to the title of the
bill, and the passage as amended by deletion, of
Eng. Senate Bill No. 697, Delegating motor carrier inspector
duties to weight enforcement officers.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had returned to the
Senate calendar, on unfinished business, Senate Concurrent
Resolution No. 84 and Senate Concurrent Resolution No. 93; and to
the Senate third reading calendar, Engrossed Committee Substitute
for House Bill No. 2423, Engrossed House Bill No. 4411, Engrossed
House Bill No. 4451 and Engrossed House Bill No. 4627.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 67, Requesting Joint
Committee on Government and Finance study criminal penalties for interference with medical treatment of railroad employees.
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. 69, Requesting Joint
Committee on Government and Finance study creating Film Commission.
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.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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.
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. 88, Requesting Joint
Committee on Government and Finance study effects of legislative
acts amending laws governing workers' compensation.
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. 89, Requesting Joint
Committee on Government and Finance study nonprofit entities that receive state and federal funds.
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. 93, Requesting Congress
examine rules and regulations of beef industry.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 98, Authorizing issuance of
revenue bonds from excess lottery revenue fund to provide capital
improvements for institutions of higher education.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
House Concurrent Resolution No. 37, Requesting a study to
determine the most appropriate mechanisms to reach the goal of
providing all citizens of the State of West Virginia with
comprehensive, quality and affordable health care.
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. 54, Requesting a study of the
efficacy of collaborative pharmacy practice agreements between
pharmacists and physicians.
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
.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2423) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 3097, Prescribing proper
venue in civil actions involving West Virginia university and
Marshall university.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3097) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4008, Abolishing the insurance and
retirement division and creating a new employee and insurance
services division.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4008) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. House Bill No. 4008--A Bill to amend and reenact §5-10D-
1, §5-10D-2 and §5-10D-3 of the code of West Virginia, 1931, as
amended; to amend and reenact §5-16-3 and §5-16-4 of said code; to
amend said code by adding thereto a new section, designated §5-16-
4a; to amend and reenact §5A-1-2 of said code; to amend said code
by adding thereto a new article, designated §5A-10-1, §5A-10-2 and
§5A-10-3; and to amend and reenact §29-6-5 and §29-6-6 of said
code, all relating to creating a new employee and insurance
services division within the department of administration and
revising the law governing its component agencies and boards;
providing that the division incorporate the consolidated public
retirement board, the public employees insurance agency, the board
of risk and insurance management, the children's health insurance agency, the education and state employees grievance board and the
personnel division; creating the office of commissioner of the
division; providing for the powers and duties of the commissioner;
authorizing the commissioner to consolidate or reorganize certain
internal functions and operations, transfer funds within the
agencies and assess agencies with costs; providing that the
commissioner chair certain boards and appoint directors of
component state agencies within the division; providing for sunset
review of division and office of commissioner; establishing
employment requirements for director of public employees insurance
agency; and adding members to public employees insurance agency
finance board.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 4008) 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. 4055, Creating a compact between states
for the protection and return of juvenile offenders, runaways and
other juveniles.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4055) 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. House Bill No. 4055--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §49-8A-1, §49-8A-2, §49-8A-3 and §49-8A-4, all relating
to the supervision and return of juvenile offenders, juvenile
runaways and other juveniles; authorizing and directing the
governor to execute an interstate compact for the supervision and
return of juvenile offenders, juvenile runaways and other
juveniles; purpose; definitions; creation of the interstate
commission for juveniles; powers and duties; bylaws; immunity;
defense and indemnification; promulgation of rules; dispute
resolution; annual assessment on member states; state council for
interstate juvenile supervision; effective date; withdrawal from
compact; default of a compact state; fines; suspension;
termination; severability; binding effect of compact; and
appointment of compact administrator.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4068, Allowing the hunting of coyotes by
use of amber colored artificial light with certain restrictions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: Sprouse--1.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4068) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4072, Providing for a
unified approach to the long-term planning and implementation of
technology in the public schools.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4072) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4072--A Bill
to amend and
reenact §18-2E-7 of the code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new article, designated
§18-2J-1, §18-2J-2, §18-2J-3, §18-2J-4, §18-2J-5, §18-2J-6 and §18-
2J-7, all relating to an education technology strategic plan for
public education and higher education; including basic skills and
SUCCESS in plan; findings; intent, purpose and goals; education
technology strategic plan advisory committee; strategies to be
included in plan; state board of education and higher education
policy commission approval and adoption; expenditures in accordance
with the plan; and the report to the legislative oversight
commission on education accountability and joint committee on
government and finance.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4072) takes effect July 1, 2004.
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. 4085, Clarifying certain
terms related to the Ron Yost Personal Assistance Services Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4085) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4085) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4166, Removing the
description requirements in deeds for easements and rights-of-way
for mineral leases.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4166) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4257, Increasing the amount
of prizes that may be given in the conduct of charitable raffles
without a license.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Unger, White and Tomblin (Mr. President)--28.
The nays were: Guills, Harrison, Smith, Sprouse and Weeks--5.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4257) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4295, Exempting state bonds from taxation.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4295) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4374, Relating to
manufactured housing construction and safety standards.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Chafin, Deem, Dempsey, Edgell, Harrison, Helmick, Hunter, Kessler,
Minard, Minear, Plymale, Ross, Sharpe, Smith, Snyder and Tomblin
(Mr. President)--18.
The nays were: Caldwell, Facemyer, Fanning, Guills, Jenkins,
Love, McCabe, McKenzie, Oliverio, Prezioso, Rowe, Sprouse, Unger,
Weeks and White--15.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4374) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, 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. 4374--A Bill
to amend and
reenact §21-9-4, §21-9-11 and §21-9-12 of the code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21-9-12a, all relating to
manufactured housing construction and safety standards; removing
outdated language; providing for inspections and the payment of the
costs of inspection; authorizing the issuance of cease and desist
orders; and establishing civil and criminal 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.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4411) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4411--A Bill to amend and reenact §5B-2B-
2, §5B-2B-4, §5B-2B-5 and §5B-2B-9 of the code of West Virginia,
1931, as amended, all relating to the West Virginia workforce
investment act; updating terms; outlining duties; and creating the
workforce investment interagency collaborative team.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4451, Clarifying that the economic
development authority and tax commissioner are authorized to
require certain examination and compliance actions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4451) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4451) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4453, Relating to the deputy sheriff's
retirement system.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4453) 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. 4521, Increasing the current annual
registration fee for underground storage tanks and requiring the
DEP to annually report on the status of the fund and the
underground storage tank 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: Bowman, Caldwell,
Chafin, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Plymale,
Prezioso, Ross, Rowe, Sharpe, Snyder, White and Tomblin (Mr.
President)--23.
The nays were: Boley, Deem, Guills, Harrison, Minear, Oliverio, Smith, Sprouse, Unger and Weeks--10.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4521) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bowman, Caldwell, Chafin,
Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Plymale, Prezioso, Ross,
Rowe, Sharpe, Snyder, White and Tomblin (Mr. President)--23.
The nays were: Boley, Deem, Guills, Harrison, Minear,
Oliverio, Smith, Sprouse, Unger and Weeks--10.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4521) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the sixth order of business, which agenda
includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. House Bill No. 4453, Relating to the deputy sheriff's
retirement system.
Passed by the Senate in earlier proceedings tonight,
The bill still being in the possession of the Senate.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4453) takes effect July 1, 2004.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the eighth order of business.
Eng. House Bill No. 4523, Allowing certain racing associations
or licensees qualifying for an alternate tax to increase the number
of races each performance.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Plymale, Prezioso, Ross, Sharpe, Snyder, Sprouse, Unger,
White and Tomblin (Mr. President)--27.
The nays were: Guills, Harrison, Oliverio, Rowe, Smith and
Weeks--6.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4523) 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. 4536, Establishing the
law-enforcement reemployment act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4536) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4552, Relating to grounds for the
revocation of teacher certificates.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: Harrison--1.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4552) 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. 4627, Honoring academic performance of
West Virginians graduating from U.S. military academies.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4627) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4634, Requiring persons incarcerated in
county and regional jails who have been convicted of a misdemeanor
reimburse the county for the cost incurred for his or her
incarceration.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4634) passed.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent being granted, the unreported
Judiciary 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 page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4634--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §7-8-14, relating to requiring persons incarcerated in
county or regional jails who have been convicted of a misdemeanor
to pay for the costs of up to thirty days of their incarceration;
requiring determination of ability to pay; and allowing for
modification of assessment based upon need.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4641, Establishing a credentialing program
for dialysis technicians by the board of registered professional
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: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4641) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4655, Giving the children's
health insurance program the right of subrogation.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4655) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4671, Relating to the disposal of law
enforcement weapons when replaced due to routine wear.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4671) 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. 4709, Allowing the commissioner of labor
to charge fees for laboratory services and calibrations.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear,
Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, White and Tomblin
(Mr. President)--25.
The nays were: Guills, Harrison, McKenzie, Oliverio, Smith, Sprouse, Unger and Weeks--8.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4709) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
On motion of Senator Chafin, the Senate recessed until 10 p.m.
tonight.
Upon expiration of the recess, the Senate reconvened.
On motion of Senator Chafin, the Senate recessed for five
minutes for the purpose of holding a meeting of the Committee on
Rules at the rostrum.
Upon expiration of the recess, the Senate reconvened.
Senator Chafin announced that in the meeting of the Committee
on Rules just held, the committee, in accordance with rule number
seventeen of the Rules of the Senate, had returned to the Senate
calendar, on third reading, Engrossed Committee Substitute for
House Bill No. 3189, Engrossed House Bill No. 4144 and Engrossed
House Bill No. 4623.
The Senate then resumed business under the eighth order.
Eng. Com. Sub. for House Bill No. 3189, Reducing the total tax
credits available under the capital company act during the fiscal year beginning on the first day of July, two thousand four.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and Kessler--2.
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. 3189) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bailey and Kessler--2.
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. 3189) takes effect July 1, 2004.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4144, Excepting secretaries of real estate
brokers who set appointments with sellers and buyers from the scope
of practice.
On third reading, coming up in regular order, was read a third
time.
Pending discussion,
On motion of Senator Chafin, further consideration of the bill
was made a special order of business following the conclusion of
House messages now lodged with the Clerk.
Eng. House Bill No. 4623, Repealing the section of the code
relating to expenditure of excess in collections upon approval of
governor.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Helmick, unanimous consent was
granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Helmick, the following
amendments to the bill were reported by the Clerk, considered
simultaneously, and adopted:
On page one, after the enacting clause by striking out the
article heading and inserting in lieu thereof a new article
heading, to read as follows:
ARTICLE 2. STATE BUDGET OFFICE.;
And,
On page one, section one, line one, by striking out the word
"five-a" and inserting in lieu thereof the word "eleven-b".
Having been engrossed, the bill (Eng. H. B. No. 4623), as just
amended, was then read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard,
Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse,
Unger, White and Tomblin (Mr. President)--29.
The nays were: McKenzie, Oliverio, Smith and Weeks--4.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4623) passed.
On motion of Senator Helmick, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4623--A Bill to repeal §11B-2-18 of the
code of West Virginia, 1931, as amended, relating to expenditure of
excess in collections upon approval of governor.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear,
Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger,
White and Tomblin (Mr. President)--29.
The nays were: McKenzie, Oliverio, Smith and Weeks--4.
Absent: Bailey--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4623) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the sixth order of business, which agenda
includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. House Bill No. 4119, Allowing a phase-in of the transfer
of hotel taxing authority when a municipality annexes a hotel to allow the retirement of any debt incurred by the county or to
otherwise phase in the transfer of taxing authority to the
municipality
.
Passed by the Senate on yesterday, Friday, March 12, 2004,
The bill still being in the possession of the Senate.
On motion of Senator Chafin, the following amendment to the
title of the bill was reported by the Clerk and adopted:
O
n page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. House Bill No. 4119--A Bill to amend and reenact §7-18-1
of the code of West Virginia, 1931, as amended; and to amend and
reenact §8-6-4 of said code, all relating to annexation generally;
limiting imposition and collection of hotel tax by municipality
after annexation under certain circumstances; providing for a phase
out of collection and imposition of hotel tax by county commission
in certain circumstances; requiring county commission to provide
hotel tax information to annexing municipality upon request;
requiring municipality considering annexation without an election
to provide notice to county commission; requiring municipality
considering annexation without an election to hold a public
hearing; and requiring all voters and freeholders to agree to
annexation without election.
The question being on the passage of the bill, the yeas were: 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)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of
all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4119) passed with its Senate amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
[Clerk's Note: The preceding roll call was taken
inadvertently. The roll call on the passage of Engrossed House
Bill No. 4119 is shown in the Senate journal of yesterday, Friday,
March 12, 2004, page 276.]