WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
FIFTY-SIXTH DAY
____________
Charleston, W. Va., Tuesday, March 6, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Bill McCoy, First
Presbyterian Church, Charleston, West Virginia. Students from J.
E. Robins Elementary School, Charleston, West Virginia, then led
the Senate in the recitation of the Pledge of Allegiance.
Pending the reading of the Journal of Monday, March 5, 2007,
On motion of Senator Oliverio, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then 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 of
Eng. Com. Sub. for Senate Bill No. 18, Requiring third party
reimbursement for kidney disease screening.
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. 66, Relating to WV
Community Corrections Fund.
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. 134, Requiring employers provide
contribution information to State Teachers Retirement System.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §18-7A-13a, §18-7A-14 and §18-7A-23 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-13a. Resumption of service by retired teachers.
(a) For the purpose of this section, reemployment of a former
or retired teacher as a teacher shall in no way impair such the
teacher's eligibility for a prior service pension, or any other
benefit provided by this article.
(b) Retired teachers, who qualified for an annuity because of
age or service, may not receive prior service allowance from the
retirement board when employed as a teacher and when regularly
employed by the State of West Virginia. The payment of such the
allowance shall be discontinued on the first day of the month
within which such employment begins, and shall be resumed on the
first day of the month succeeding the month within which such
employment ceases. The annuity paid any such the teacher on first
retirement resulting from the Teachers' Accumulation Fund and the
Employers' Accumulation Fund shall continue throughout the
governmental service and thereafter according to the option
selected by the teacher upon first retirement.
(c) Retired teachers, who qualified for an annuity because of
disability, shall receive no further retirement payments, if the
retirement board finds that the disability of the teacher no longer
exists; payment shall be discontinued on the first day of the month
within which such the finding is made. If such the retired teacher
returns to service as a teacher, he or she shall contribute to the
Teachers' Accumulation Fund as a member of the system. His or her
prior service eligibility, if any, shall not be impaired because of
his or her disability retirement. His or her accumulated
contributions and interest which were transferred to the benefit
fund upon his or her retirement shall be returned to his or her
individual account in the Teachers' Accumulation Fund, minus retirement payments received which were not supported by such
contributions and interest. Upon subsequent retirement, he or she
shall receive credit for all of his or her contributory experience,
anything to the contrary in this article notwithstanding.
(d) Notwithstanding any provision of this code to the
contrary, a person who retires under the system provided by this
article may subsequently become employed on either a full-time,
part-time basis or contract basis by any institution of higher
education without any loss of retirement annuity or retirement
benefits if the person's retirement commences between the effective
date of the enactment of this section in two thousand two and the
thirty-first day of December, two thousand two: Provided, That
such the person shall not be eligible to participate in any other
state retirement system provided by this code.
(e) The retirement board is herewith authorized to require of
the retired teachers and their employers such reports as it deems
necessary to effectuate the provisions of this section.
§18-7A-14. Contributions by members; contributions by employers.
(a) At the end of each month every member of the retirement
system shall contribute six percent of that member's monthly 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 a state
institution of higher education under its control shall contribute on the member's full earnable compensation, unless otherwise
provided in section fourteen-a of this article. The sums are due
the Teachers Retirement System at the end of each calendar month in
arrears and shall be paid not later than fifteen days following the
end of the calendar month. Each remittance shall be accompanied by
a detailed summary of the sums withheld from the compensation of
each member for that month on forms, either paper or electronic,
provided by the Teachers Retirement System for that purpose.
(b) Annually, the contributions of each member shall be
credited to the member's account in the Teachers Retirement System
Fund. The contributions shall be deducted from the salaries of the
members as prescribed in this section, and every member shall be
considered to have given consent to the deductions. No deductions,
however, shall be made from the earnable compensation 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 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: Provided, That the rate shall
be seven and one-half percent for any individual who becomes a
member of the Teachers Retirement System for the first time on or
after the first day of July, two thousand five or any individual
who becomes a member of the Teachers Retirement System as a result
of the merger contemplated in article seven-c of this chapter.
(d) 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 considered to be a full discharge of the
employer's contractual obligation as to earnable compensation.
(e) 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-23. Withdrawal and death benefits.
(a) Benefits upon withdrawal from service prior to retirement
under the provisions of this article shall be as follows:
(a) (1) A contributor who withdraws from service for any cause
other than death or retirement shall, upon application, be paid his or her accumulated contributions plus refund interest up to the end
of the fiscal year preceding the year in which application is made,
but in no event shall interest be paid beyond the end of five years
following the year in which the last contribution was made:
Provided, That such contributor, at the time of application, is
then no longer under contract, verbal or otherwise, to serve as a
teacher; or
(b) (2) If such contributor has completed twenty years of
total service, he or she may elect to receive at retirement age an
annuity which shall be computed as provided in this article:
Provided, That if such contributor has completed at least five, but
fewer than twenty, years of total service in this state, he or she
may elect to receive at age sixty-two an annuity which shall be
computed as provided in this article. The contributor must notify
the retirement board in writing concerning such the election. If
such the contributor has completed fewer than five years of service
in this state, he or she shall be subject to the provisions as
outlined in subsection (a) above subdivision (1) of this
subsection.
(b) Benefits upon the death of a contributor prior to
retirement under the provisions of this article shall be paid as
follows:
(1) If the contributor was at least fifty years old and if his
or her total service as a teacher was at least twenty-five years at the time of his or her death, then the surviving spouse of the
deceased, provided the spouse is designated as the sole refund
beneficiary, is eligible for an annuity computed as though the
deceased were actually a retired teacher at the time of death, and
had selected a survivorship option which pays the spouse the same
monthly amount which would have been received by the deceased; or
(2) If the facts do not permit payment under the preceding
paragraph (1) subdivision (1) of this subsection, then the
following sum shall be paid to the refund beneficiary of the
contributor: The contributor's accumulated contributions with
refund interest up to the year of his or her death plus the amount
of an amount equal to his or her accumulated employee
contributions. The latter sum shall emanate from the Employer's
Accumulation Fund.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 134--A Bill to amend and reenact §18-7A-
13a, §18-7A-14 and §18-7A-23 of the Code of West Virginia, 1931, as
amended, all relating to the State Teachers Retirement System;
establishing deadline for remittance of contributions due the State
Teachers Retirement System; requiring that a summary of amounts of
contributions withheld accompany the remittance; and clarifying
certain terms used in the language of the statute.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 134, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 134) 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. 149, Repealing code section relating to
Child Assessment or In-State Placement Fund.
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. 180, Offering tax-free distributions from
certain retirement plans to pay certain premiums for public safety
officers.
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 six-a, line thirty, after the word
"includes" by inserting the words "premiums for".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 180, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 180) 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 July
1, 2007, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 181, Relating to per diem
compensation of Board of Banking and Financial Institutions'
members.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page five, section one, line seventy-two, after the word
"board" by inserting the words "not to exceed the amount authorized
for expenses by section five, article two-a, chapter four of this
code for the members of the Legislature for interim duties".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 181, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--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. 181) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 181) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 182, Requiring Division of
Banking employ same frequency of examination schedules as certain
federal regulators.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 183, Providing Board of Banking and
Financial Institutions authority to approve acquisitions of
out-of-state banks.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 208, Providing Supreme Court and
Consolidated Public Retirement Board notice when judge retires.
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. 387, Guaranteeing certain veterans bronze
military grave markers.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §24F-1-3a, to read as
follows:
ARTICLE 1. VETERANS' GRAVE MARKERS.
§24F-1-3a. Setting of department of veterans affairs' grave
markers by cemeteries and companies that set and install
memorial monument markers.
All cemeteries, cemetery associations, cemetery companies and
perpetual care cemetery companies, irrespective of how each may be
defined in articles five, five-a and five-b, chapter thirty-five of
this code, and companies that set and install memorial monument
markers shall not deny a person or entity the opportunity for
installation and maintenance of United States department of
veterans' affairs grave markers at the graves of deceased United
States armed forces veterans for the total charges authorized by
section two, article one, chapter twenty-four-f of this code.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 387--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24F-1-3a, relating to the opportunity to install certain deceased veterans' grave markers.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 387, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 387) 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. 389, Defining blue catfish as game fish.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 398, Authorizing Division of Motor Vehicles to suspend or refuse to register certain interstate
commerce motor carriers.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 413, Clarifying procedures for seizing
abandoned, neglected or cruelly treated animals.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
Eng. Senate Bill No. 413--A Bill to amend and reenact §7-10-4
of the Code of West Virginia, 1931, as amended, relating to
hearings before magistrates involving the seizure of abandoned,
neglected or cruelly treated animals.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 413, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 413) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 414, Establishing flat fee
for certain services by circuit clerks.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following language:
CHAPTER 38. LIENS.
ARTICLE 5B. SUGGESTION OF THE STATE AND POLITICAL SUBDIVISIONS;
GARNISHMENT AND SUGGESTION OF PUBLIC OFFICERS.
§38-5B-4. Notice to judgment debtor of execution against salary or
wages; time for service on officer of suggestee; fee.
A certified copy of an execution issued under this article
against salary or wages shall be served by the clerk of the court
who issued the execution upon the judgment debtor. Such service
shall be made by the court or the clerk of the court who issued the
execution by enclosing the copy in a postpaid wrapper , addressed
to the judgment debtor or his agent authorized to accept service of
process, and forwarding the same by registered mail, return receipt
requested or his or her agent authorized to accept service of
process, by certified mail, return receipt requested, and delivery
restricted to the addressee. The day and hour of such mailing
shall be clearly noted on the face of the original execution and
the officer to whom it is delivered for collection shall not make
service upon the proper officer until the expiration of five days
from that time. The fee for service of notice under this section
shall be twenty-five cents without any additional allowance for
postage, registry fee, or other expenses incurred in effecting
service.
CHAPTER 59. FEES, ALLOWANCES AND COSTS;
NEWSPAPERS; LEGAL ADVERTISEMENTS.
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-11. Fees to be charged by clerk of circuit court.
(a) The clerk of a circuit court shall charge and collect for services rendered as such by the clerk the following fees and such
fees which shall be paid in advance by the parties for whom such
services are to be rendered:
(1) For instituting any civil action under the rules of civil
procedure, any statutory summary proceeding, any extraordinary
remedy, the docketing of civil appeals or any other action, cause,
suit or proceeding, one hundred forty-five dollars, of which thirty
dollars of that amount shall be deposited in the Courthouse
Facilities Improvement Fund created by section six, article
twenty-six, chapter twenty-nine of this code and ten dollars shall
be deposited in the special revenue account created in section six
hundred three, article twenty-six, chapter forty-eight of this code
to provide legal services for domestic violence victims;
(2) For instituting an action for medical professional
liability, two hundred sixty dollars, of which ten dollars of that
amount shall be deposited in the Courthouse Facilities Improvement
Fund created by section six, article twenty-six, chapter
twenty-nine of this code;
(3) Beginning on and after the first day of July, one thousand
nine hundred ninety-nine, for instituting an action for divorce,
separate maintenance or annulment, one hundred thirty-five dollars;
(4) For petitioning for the modification of an order involving
child custody, child visitation, child support or spousal support,
eighty-five dollars; and
(5) For petitioning for an expedited modification of a child
support order, thirty-five dollars.
(b) In addition to the foregoing fees, the following fees
shall likewise be charged and collected:
(1) For preparing an abstract of judgment, five dollars;
(2) For any transcript, copy or paper made by the clerk for
use in any other court or otherwise to go out of the office, for
each page, fifty cents;
(3) For action on suggestion, ten twenty-five dollars;
(4) For issuing an execution, ten twenty-five dollars;
(5) For issuing or renewing a suggestee execution, including
copies, postage, registered or certified mail fees and the fee
provided by section four, article five-a, chapter thirty-eight of
this code, three twenty-five dollars;
(6) For vacation or modification of a suggestee execution, one
dollar;
(7) For docketing and issuing an execution on a transcript of
judgment from magistrate's court, three dollars;
(8) For arranging the papers in a certified question, writ of
error, appeal or removal to any other court, ten dollars, of which
five dollars of that amount shall be deposited in the Courthouse
Facilities Improvement Fund created by section six, article
twenty-six, chapter twenty-nine of this code;
(9) For postage and express and for sending or receiving decrees, orders or records, by mail or express, three times the
amount of the postage or express charges;
(10) For each subpoena, on the part of either plaintiff or
defendant, to be paid by the party requesting the same, fifty
cents;
(11) For additional service (plaintiff or appellant) where any
case remains on the docket longer than three years, for each
additional year or part year, twenty dollars; and
(12) For administering funds deposited into a federally
insured interest-bearing account or interest-bearing instrument
pursuant to a court order, fifty dollars, to be collected from the
party making the deposit. A fee collected pursuant to this
subdivision shall be paid into the general county fund.
(c) The clerk shall tax the following fees for services in any
criminal case against any defendant convicted in such court:
(1) In the case of any misdemeanor, eighty-five dollars; and
(2) In the case of any felony, one hundred five dollars, of
which ten dollars of that amount shall be deposited in the
Courthouse Facilities Improvement Fund created by section six,
article twenty-six, chapter twenty-nine of this code.
(d) The clerk of a circuit court shall charge and collect a
fee of twenty-five dollars per bond for services rendered by the
clerk for processing of criminal bonds and the fee shall be paid at
the time of issuance by the person or entity set forth below:
(1) For cash bonds, the fee shall be paid by the person
tendering cash as bond;
(2) For recognizance bonds secured by real estate, the fee
shall be paid by the owner of the real estate serving as surety;
(3) For recognizance bonds secured by a surety company, the
fee shall be paid by the surety company;
(4) For ten percent recognizance bonds with surety, the fee
shall be paid by the person serving as surety; and
(5) For ten percent recognizance bonds without surety, the fee
shall be paid by the person tendering ten percent of the bail
amount.
In instances in which the total of the bond is posted by more
than one bond instrument, the above fee shall be collected at the
time of issuance of each bond instrument processed by the clerk and
all fees collected pursuant to this subsection (d) shall be
deposited in the Courthouse Facilities Improvement Fund created by
section six, article twenty-six, chapter twenty-nine of this code.
Nothing in this subsection may be construed as authorizing the
clerk to collect the above fee from any person for the processing
of a personal recognizance bond; and.
(e) The clerk of a circuit court shall charge and collect a
fee of ten dollars for services rendered by the clerk for
processing of bailpiece and the fee shall be paid by the surety at
the time of issuance. All fees collected pursuant to this subsection (e) shall be deposited in the Courthouse Facilities
Improvement Fund created by section six, article twenty-six,
chapter twenty-nine of this code.
(f) No such clerk shall be required to handle or accept for
disbursement any fees, cost or amounts, of any other officer or
party not payable into the county treasury, except it be on order
of the court or in compliance with the provisions of law governing
such fees, costs or accounts.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 414, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--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. 414) 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. 416, Creating misdemeanor offenses for
attempting to defeat drug or alcohol screening test.
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. 431, Regulating agricultural liming
materials.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 489, Relating to PROMISE scholarship
graduates report to Legislative Oversight Commission on Work Force
Investment for Economic Development.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
Eng. Senate Bill No. 489--A Bill to amend and reenact §5B-2B-4
and §5B-2B-6 of the Code of West Virginia, 1931, as amended, all
relating to reports to the Legislative Oversight Commission on Workforce Investment for Economic Development and the Legislative
Oversight Commission on Education Accountability generally;
requiring a yearly report on the status and any memoranda of
understanding which have been entered into for West Virginia one-
stop system operations; and requiring a yearly report on the
success of efforts to link PROMISE scholarship graduates to West
Virginia employment opportunities.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 489, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 489) 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 Senate Bill No. 512, Prohibiting
requirement of polygraph examination in certain sexual offense
allegations.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 6. MISCELLANEOUS PROVISIONS CONCERNING CRIMINAL PROCEDURE.
§62-6-8. Alleged victim of sexual offense may not be required to
submit to a polygraph examination or other truth telling
device as a condition of investigating an alleged offense nor
may prosecutors or law-enforcement officers decline to proceed
if the victim refuses such examination.
No law-enforcement officer, prosecutor or any other government
official may ask or require the adult, youth or child victim of an
alleged sexual offense, as set forth in the provisions of section
six, article eight, chapter sixty-one; section six, article twelve,
chapter sixty-one; section five, article eight-D, chapter sixty-one; and article eight-B, chapter sixty-one, or any other sexual
offense as defined under state or local law, to submit to a
polygraph examination or other truth-testing examination as a
condition for proceeding with the investigation of the alleged
offense. No law-enforcement officer, prosecutor or any other
government official may refuse to proceed with an investigation,
warrant, indictment, information or prosecution of the alleged
offense because the alleged victim refused to submit to such an
examination.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 512--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §62-6-8, relating to prohibiting law-
enforcement officers or prosecutors from asking or requiring an
adult, youth or child victim of an alleged sexual offense to submit
to a polygraph examination or other truth telling device as a
condition for proceeding with the investigation of the offense; and
establishing that refusal to undergo such testing shall not prevent
investigation of the offense.
On motion of Senator Kessler, the following amendment to the
House of Delegates amendments to the bill was reported by the Clerk
and adopted:
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 512--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §62-6-8, relating to prohibiting law-
enforcement officers or prosecutors from asking or requiring an
adult, youth or child victim of an alleged sexual offense to submit
to a polygraph examination or other truth testing device as a
condition for proceeding with the investigation of the offense; and
establishing that refusal to undergo such testing shall not prevent
investigation of the offense.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Committee Substitute for Senate Bill No. 512, as
amended, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--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. 512) 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.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 596, Requiring municipal elections'
personnel participate in training.
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 July 1, 2007, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 603, Establishing 21st
Century Tools for 21st Century Schools Technology Initiative.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §18-2E-7 and §18-9A-10 of the Code of West Virginia,
1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-7. Providing for twenty-first century instruction and
learning in all public schools.
(a) The Legislature finds that:
(1) The knowledge and skills children need to succeed in the
twenty-first century are changing dramatically and that West
Virginia students must develop proficiency in twenty-first century
content, technology tools and learning skills to succeed and
prosper in life, in school and on the job;
(2) Students must be equipped to live in a multitasking,
multifaceted, technology-driven world;
(3) The provision of twenty-first century technologies and
software resources in grades pre-kindergarten through twelve is
necessary to meet the goal that high school graduates will be
prepared fully for college, other post-secondary education or
gainful employment;
(4) This goal reflects a fundamental belief that the youth of
the state exit the system equipped with the skills, competencies
and attributes necessary to succeed, to continue learning
throughout their lifetimes and to attain self-sufficiency;
(5) To promote twenty-first century learning, teachers must be
competent in twenty-first century content and learning skills and
must be equipped to fully integrate technology to transform
instructional practice and to support twenty-first skills
acquisition;
(6) For students to learn twenty-first century skills,
students and teachers must have equitable access to high quality,
twenty-first century technology tools and resources;
(7) When aligned with standards and curriculum, technology-
based assessments can be a powerful tool for teachers; and
(8) Teachers must understand how to use technology to create
classroom assessments for accurate, timely measurements of student
proficiency in attainment of academic content and twenty-first
century skills.
(b) The state board shall ensure that the resources to be used
to provide technology services to students in grades pre-
kindergarten through twelve are included in a West Virginia 21st
Century Strategic Technology Learning Plan to be developed by the
Department of Education as an integral component of the county and
school electronic strategic improvement plans as required in
section five of this article. The provision of technologies and
services to students and teachers shall be based on a plan
developed by each individual school team and aligned with the goals
and objectives of the West Virginia 21st Century Strategic
Technology Learning Plan. This plan shall be an integral component
of the county and school electronic strategic improvement plans as
required in section five of this article. Funds shall be allocated
equitably to county school systems following peer review of the
plans that includes providing necessary technical assistance prior to submission and allows timely review and approval by the West
Virginia Department of Education. Technology tools, including
hardware, software, network cabling, network electronics and
related professional development, shall be purchased pursuant to
the provisions of article three, chapter five-a of this code in the
amount equal to anticipated revenues being appropriated and based
on the approved county and school plans. County allocations that
support this legislation shall adhere to state contract prices:
Provided, That contingent upon approval of the county technology
plan, counties that identify, within that plan, specific software
or peripheral equipment not listed on the state contract, but
necessary to support implementation of twenty-first century skills,
may request the West Virginia Department of Education to secure
state purchasing prices for those identified items. Total
expenditure to purchase these additional items may not exceed ten
percent of the annual county allocation. To the extent
practicable, the technology shall be used:
(1) To maximize student access to learning tools and resources
at all times including during regular school hours, before and
after school or class, in the evenings, on weekends and holidays
and for public education, noninstructional days and during
vacations; and
(2) For student use for homework, remedial work, independent
learning, career planning and adult basic education.
(c) The implementation of this section should provide a
technology infrastructure capable of supporting multiple
technology-based learning strategies designed to enable students to
achieve at higher academic levels. The technology infrastructure
should facilitate student development by addressing the following
areas:
(1) Mastery of rigorous core academic subjects in grades
prekindergarten through eight by providing software, other
technology resources or both aligned with state standards in
reading, mathematics, writing, science, social studies, twenty-
first century learning skills and twenty-first century learning
tools;
(2) Mastery of rigorous core academic subjects in grades nine
through twelve by providing appropriate twenty-first century
technology tools aligned with state standards for learning skills
and technology tools;
(3) Attainment of twenty-first century skills outcomes for all
students in the use of technology tools and learning skills;
(4) Proficiency in new, emerging twenty-first century content;
(5) Participation in relevant, contextual instruction that
uses dynamic, real-world contexts that are engaging and meaningful
for students, making learning relevant to life outside of school
and bridging the gap between how students live and how they learn
in school;
(6) Ability to use digital and emerging technologies to manage
information, communicate effectively, think critically, solve
problems, work productively as an individual and collaboratively as
part of a team and demonstrate personal accountability and other
self-directional skills;
(7) Providing students with information on post-secondary
educational opportunities, financial aid and the skills and
credentials required in various occupations that will help them
better prepare for a successful transition following high school;
(8) Providing greater access to advanced and other curricular
offerings than could be provided efficiently through traditional
on-site delivery formats, including increasing student access to
quality distance learning curricula and online distance education
tools;
(9) Providing resources for teachers in differentiated
instructional strategies, technology integration, sample lesson
plans, curriculum resources and online staff development that
enhance student achievement; and
(10) Providing resources to support basic skills acquisition
and improvement at the above mastery and distinguished levels.
(d) Developed with input from appropriate stakeholder groups,
the West Virginia 21st Century Strategic Technology Learning Plan
shall be an integral component of the electronic strategic county
and school improvement plans as required in section five of this article. The West Virginia 21st Century Strategic Technology
Learning Plan shall be comprehensive and shall address, but not
necessarily be limited to, the following provisions:
(1) Allocation of adequate resources to provide students with
equitable access to twenty-first century technology tools,
including instructional offerings and appropriate curriculum,
assessment and technology integration resources aligned to both the
content and rigor of state content standards as well as to learning
skill and technology tools;
(2) Providing students and staff with equitable access to a
technology infrastructure that supports the acquisition of twenty-
first century skills, including the ability to access information,
solve problems, communicate clearly, make informed decisions,
acquire new knowledge, construct products, reports and systems, and
access online assessment systems;
(3) Inclusion of various technologies that enable and enhance
the attainment of twenty-first century skills outcomes for all
students;
(4) Collaboration with various partners, including parents,
community organization, higher education, schools of education in
colleges and universities, employers and content providers;
(5) Seeking of applicable federal government funds,
philanthropic funds, other partnership funds or any combination of
those types of funds to augment state appropriations and encouraging the pursuit of funding through grants, gifts, donations
or any other sources for uses related to education technology;
(6) Sufficient bandwidth to support teaching and learning and
to provide satisfactorily for instructional management needs;
(7) Protection of the integrity and security of the network,
as well as student and administrative workstations;
(8) Flexibility to adjust the plan based on developing
technology, federal and state requirements and changing local
school and county needs;
(9) Incorporation of findings based upon validation from
research-based evaluation findings from previous West Virginia-
based evaluation projects;
(10) Continuing study of emerging technologies for application
in a twenty-first century learning environment and inclusion in the
technology plan, as appropriate;
(11) An evaluation component to determine the effectiveness of
the program and make recommendations for ongoing implementation;
(12) A program of embedded, sustained professional development
for teachers that is strategically developed to support a twenty-
first century education for all students and that aligns with state
standards for technology, integrates twenty-first century skills
into educational practice and supports the implementation of
twenty-first century software, technology and assessment resources
in the classroom;
(13) Providing for uniformity in technological hardware and
software standards and procedures;
(14) The strategy for ensuring that the capabilities and
capacities of the technology infrastructure is adequate for
acceptable performance of the technology being implemented in the
public schools;
(15) Providing for a comprehensive, statewide uniform,
integrated education management and information system for data
collection and reporting to the Department of Education, as
provided in section twenty-six, article two of this chapter and
commonly referred to as the West Virginia Education Information
System;
(16) Providing for an effective model for the distance
delivery, virtual delivery or both types of delivery of instruction
in subjects where there exists low student enrollment or a shortage
of certified teachers or where the delivery method substantially
improves the quality of an instructional program such as the West
Virginia Virtual School;
(17) Providing a strategy to implement, support and maintain
technology in the public schools;
(18) Providing a strategy to provide ongoing support and
assistance to teachers in integrating technology into twenty-first
century instruction such as with technology integration
specialists;
(19) A method of allowing public education to take advantage
of appropriate bulk purchasing abilities and to purchase from
competitively bid contracts initiated through the southern regional
education board educational technology cooperative and the America
TelEdCommunications Alliance;
(20) Compliance with United States Department of Education
regulations and Federal Communications Commission requirements for
federal E-rate discounts; and
(21) Other provisions as considered appropriate, necessary or
both to align with applicable guidelines, policies, rules,
regulations and requirements of the West Virginia Legislature, the
Board of Education and the Department of Education.
(e) Any state code and budget references to the Basic
Skills/Computer Education Program and the SUCCESS Initiative will
be understood to refer to the statewide technology initiative
referenced in this section, commonly referred to as the 21st
Century Tools for 21st Century Schools Technology Initiative.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-10. Foundation allowance to improve instructional programs.
(a) For each school year, beginning on the first day of July,
one thousand nine hundred ninety-eight, and thereafter, the sum of
the allocations shall be the amount appropriated by the Legislature
for those purposes: The total allowance to improve instructional
programs shall be the sum of the following:
(1) For instructional improvement in accordance with county
and school electronic strategic improvement plans required by
section five, article two-e of this chapter, an amount equal to
fifteen percent of the increase in the local share amount for the
next school year above any required allocation pursuant to section
six-b of this article shall be added to the amount of the
appropriation for this purpose for the immediately preceding school
year. The sum of these amounts shall be distributed to the
counties as follows:
(A) One hundred fifty thousand dollars shall be allocated to
each county;
(2) (B) Distribution to the counties of the remainder of these
funds shall be made proportional to the average of each county's
average daily attendance for the preceding year and the county's
second month net enrollment. Moneys allocated by provision of this
section shall be used to improve instructional programs according
to a plan for instructional improvement which the affected county
board shall file with the state board by the first day of August of
each year, to be approved by the state board by the first day of
September of that year if the plan substantially complies with
standards to be adopted by the state board: the county and school
electronic strategic improvement plans required by section five,
article two-e of this chapter and approved by the state board:
Provided, That notwithstanding any other provision of this code to the contrary, moneys allocated by provision of this section may
also be used in the implementation and maintenance of the uniform
integrated regional computer information system.
(3) Up to twenty-five percent of this allocation may be used
to employ professional educators and service personnel in counties
after all applicable provisions of sections four, and five of this
article have been fully utilized.
Prior to the use of any funds from this section for personnel
costs, the county board must receive authorization from the state
superintendent of schools. The state superintendent shall require
the district county board to demonstrate: (1) The need for the
allocation; (2) efficiency and fiscal responsibility in staffing;
and (3) sharing of services with adjoining counties and the
regional educational service agency for that county in the use of
the total local district board budget; and (4) employment of
technology integration specialists to meet the needs for
implementation of the West Virginia 21st Century Strategic
Technology Learning Plan. District County boards shall make
application for available funds for the next fiscal year by the
first day of May of each year. On or before the first day of June,
the state superintendent shall review all applications and notify
applying district county boards of the distribution of the
allocation. The funds shall be distributed during the fiscal year
appropriate. The state superintendent shall require the county board to demonstrate the need for an allocation for personnel based
upon the county's inability to meet the requirements of state law
or state board policy: Provided, That the funds available for
personnel under this section may not be used to increase the total
number of professional noninstructional personnel in the central
office beyond four. The instructional improvement plan shall be
made available for distribution to the public at the office of each
affected county board; plus
(2) For the purposes of the West Virginia 21st Century
Strategic Technology Learning Plan provided for in section seven,
article two-e of this chapter, an amount equal to fifteen percent
of the increase in the local share amount for the next school year
above any required allocation pursuant to section six-b of this
article shall be added to the amount of the appropriation for this
purpose for the immediately preceding school year. For the two
thousand seven - two thousand eight school year, the amount of the
appropriation for this purpose for the immediately preceding school
year means the amount of the appropriation to the department of
education's technology infrastructure network for school system
technology acquisitions for fiscal year two thousand seven. The
sum of these amounts shall be allocated to the counties as provided
in section seven, article two-e of this chapter to meet the
objectives of the West Virginia 21st Century Strategic Technology
Learning Plan; plus
(b) (3) An amount not less than the amount required to meet
debt service requirements on any revenue bonds issued prior to the
first day of January, one thousand nine hundred ninety-four, and
the debt service requirements on any revenue bonds issued for the
purpose of refunding revenue bonds issued prior to the first day of
January, one thousand nine hundred ninety-four, shall be paid into
the school building capital improvements fund created by section
six, article nine-d of this chapter, and shall be used solely for
the purposes of that article. The school building capital
improvements fund shall not be utilized to meet the debt services
requirement on any revenue bonds or revenue refunding bonds for
which moneys contained within the school building debt service fund
have been pledged for repayment pursuant to that section.
(b) When the school improvement bonds secured by funds from
the school building capital improvements fund mature, the state
board of education shall annually deposit an amount equal to
twenty-four million dollars from the funds allocated in this
section into the school construction fund created pursuant to the
provisions of section six, article nine-d, chapter eighteen of this
code to continue funding school facility construction and
improvements.
(c) Any project funded by the School Building Authority shall
be in accordance with a comprehensive educational facility plan
which must be approved by the state board and the School Building Authority.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 603--A Bill to amend and
reenact §18-2E-7 and §18-9A-10 of the Code of West Virginia, 1931,
as amended, all relating to establishing a 21st Century Tools for
21st Century Schools Technology Initiative to replace and enhance
current technology programs and provide formula funding therefore;
findings; requiring a West Virginia 21st Century Strategic
Technology Learning Plan and setting forth specific areas it should
address; requiring that the provision of technologies and services
to students and teachers be based on a plan aligned with the goals
of the West Virginia 21st Century Strategic Technology Learning
Plan; allocation of technology funds; purchasing; use of technology
and technology infrastructure; including funding stream in public
school support plan from proportion of growth in local share; and
including employment of technology integration specialists as
justification prior to authorization to expend certain funds.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. Com. Sub. for S.
B. No. 603) 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 Senate Bill No. 641, Defining term "PSC
motor carrier inspectors and enforcement officers" for criminal
provisions purposes.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-10b. Malicious assault; unlawful assault; battery and
recidivism of battery; assault on police officers,
conservation officers, probation officers, humane officers,
emergency medical service personnel, firefighters, fire
marshal, Division of Forestry employees, Public Service
Commission motor carrier inspectors, Public Service Commission
weight enforcement officers, employees of an urban mass
transportation system and county or state correctional
employees; penalties.
(a) Malicious assault. -- Any person who maliciously shoots,
stabs, cuts or wounds or by any means causes bodily injury with
intent to maim, disfigure, disable or kill a police officer,
probation officer, conservation officer, humane officer, emergency
medical service personnel, firefighter, State Fire Marshal or
employee, Division of Forestry employee, county correctional
employee or state correctional employee, employee of an urban mass
transportation system, or Public Service Commission motor carrier
inspector or Public Service Commission weight enforcement officer
acting in his or her official capacity and the person committing
the malicious assault knows or has reason to know that the victim
is a police officer, probation officer, conservation officer,
humane officer, emergency medical service personnel, firefighter,
State Fire Marshal or employee, Division of Forestry employee,
county correctional employee, state correctional employee, employee
of an urban mass transportation system, or Public Service
Commission motor carrier inspector or Public Service Commission
weight enforcement officer acting in his or her official capacity
is guilty of a felony and, upon conviction thereof, shall be
confined in a state correctional facility for not less than three
nor more than fifteen years.
(b) Unlawful assault. -- Any person who unlawfully but not
maliciously shoots, stabs, cuts or wounds or by any means causes a
police officer, probation officer, conservation officer, humane officer, emergency medical service personnel, firefighter, State
Fire Marshal or employee, Division of Forestry employee, county
correctional employee or state correctional employee, employee of
an urban mass transportation system, or Public Service Commission
motor carrier inspector or Public Service Commission weight
enforcement officer acting in his or her official capacity bodily
injury with intent to maim, disfigure, disable or kill him or her
and the person committing the unlawful assault knows or has reason
to know that the victim is a police officer, probation officer,
conservation officer, humane officer, emergency medical service
personnel, firefighter, State Fire Marshal or employee, Division of
Forestry employee, county correctional employee, state correctional
employee, employee of an urban mass transportation system, or
Public Service Commission motor carrier inspector or Public Service
Commission weight enforcement officer acting in his or her official
capacity is guilty of a felony and, upon conviction thereof, shall
be confined in a state correctional facility for not less than two
nor more than five years.
(c) Battery. -- Any person who unlawfully, knowingly and
intentionally makes physical contact of an insulting or provoking
nature with a police officer, probation officer, conservation
officer, humane officer, emergency medical service personnel,
firefighter, State Fire Marshal or employee, Division of Forestry
employee, county correctional employee, state correctional employee, employee of a mass transportation system, or Public
Service Commission motor carrier inspector or Public Service
Commission weight enforcement officer acting in his or her official
capacity, or unlawfully and intentionally causes physical harm to
a police officer, probation officer, conservation officer, humane
officer, emergency medical service personnel, firefighter, State
Fire Marshal or employee, Division of Forestry employee, county
correctional employee, state correctional employee, employee of an
urban mass transportation system, or Public Service Commission
motor carrier inspector or Public Service Commission weight
enforcement officer acting in such capacity, is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in jail
for not less than one month nor more than twelve months, fined the
sum of five hundred dollars, or both. If any person commits a
second such offense, he or she is guilty of a felony and, upon
conviction thereof, shall be confined in a state correctional
facility for not less than one year nor more than three years or
fined the sum of one thousand dollars or both fined and confined.
Any person who commits a third violation of this subsection is
guilty of a felony and, upon conviction thereof, shall be confined
in a state correctional facility not less than two years nor more
than five years or fined not more than two thousand dollars or both
fined and confined.
(d) Assault. -- Any person who unlawfully attempts to commit a violent injury to the person of a police officer, probation
officer, conservation officer, humane officer, emergency medical
service personnel, firefighter, State Fire Marshal or employee,
Division of Forestry employee, county correctional employee, state
correctional employee, employee of a mass transportation system, or
Public Service Commission motor carrier inspector or Public Service
Commission weight enforcement officer acting in his or her official
capacity, or unlawfully commits an act which places a police
officer, probation officer, conservation officer, humane officer,
emergency medical service personnel, firefighter, Division of
Forestry employee, county correctional employee or state
correctional employee, employee of a mass transportation system, or
Public Service Commission motor carrier inspector or Public Service
Commission weight enforcement officer acting in his or her official
capacity in reasonable apprehension of immediately receiving a
violent injury, is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in jail for not less than twenty-four
hours nor more than six months, fined not more than two hundred
dollars, or both fined and confined.
(e) For purposes of this section:
(1) "Police officer" means any person employed by the State
Police, any person employed by the state to perform law-enforcement
duties, any person employed by a political subdivision of this
state who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of this
state or employed as a special police officer as defined in section
forty-one, article three of this chapter.
(2) "Employee of an urban mass transportation system" means
any person employed by an urban mass transportation system as such
is defined in section three, article twenty-seven, chapter eight of
this code or by a system that receives federal transit
administration funding under 49 U. S. C. §5307 or §5311.
(3) "Division of Forestry employee" means an officer, agent,
employee or servant, whether full-time or not, of the Division of
Forestry.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 641--A Bill to amend and
reenact §61-2-10b of the Code of West Virginia, 1931, as amended,
relating to malicious assault, unlawful assault, battery and
recidivism of battery on a police officer; including malicious
assault, unlawful assault, battery and recidivism of battery on a
Public Service Commission weight enforcement officer as a crime;
and providing criminal penalties.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 641, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--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. 641) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the fourth order of business.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Eng. House Bill No. 2130, Eliminating any reduction in the
benefit of a deputy sheriff who is disabled on the job.
And,
Eng. Com. Sub. for House Bill No. 2717, Enacting a retirement
system for Emergency Medical Services Personnel.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2145, Defining limited use
residence elevators in public places.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2527, Revising the sunrise review process.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2670, Authorizing the
Department of Commerce to promulgate legislative rules.
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. 2670) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2747, Regulating plumbers
and fire protection workers.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2800, Relating to the
practice of medical imaging and radiation therapy.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee references of the bills contained in the foregoing
report from the Committee on Government Organization.
The Senate proceeded to the sixth order of business.
Senators White, Hunter, Bailey, Oliverio, Love, Fanning,
Barnes, McKenzie, Wells, McCabe, Unger, Jenkins, Kessler,
Stollings, Plymale and Foster offered the following resolution:
Senate Concurrent Resolution No. 65--Requesting the Joint
Committee on Government and Finance study developing tourism
attractions and amenities in less-developed counties of West
Virginia.
Whereas, West Virginia is rich with cultural and historical
sites, most of which are located in rural areas of the state; and
Whereas, Workforce development is essential to benefit small
tourism entities and rural areas of West Virginia; and
Whereas, It is in the best interests of the state to induce
the creation, expansion and improvement of tourism attractions and
amenities within the counties of West Virginia that are less
developed and have high unemployment rates; and
Whereas, The development of tourism attractions and amenities
will help relieve unemployment by preserving and creating jobs in
counties that are less developed, as well as generate tax revenues
for the support of essential public services in those counties; and
Whereas, A thorough study should examine how to attract the
development of tourism attractions and amenities in counties of
West Virginia that are less developed. This study should include
discussions of possible tax incentives to be offered in order to
enlarge the interests of businesses and investors; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study developing tourism attractions and amenities in less developed counties of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on
its findings conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Hunter, Bailey, Edgell, Minard, Oliverio, Wells,
Boley, Hall, Sypolt, Unger, Jenkins, McKenzie, Kessler, Stollings,
Plymale and Foster offered the following resolution:
Senate Concurrent Resolution No. 66--Requesting the Joint
Committee on Government and Finance study the family support
mechanisms for dealing with mental health, alcohol and substance
abuse issues for veterans.
Whereas, There has been increasing expert and public
acknowledgment that the human cost of war extends beyond the
injuries and disabilities that arise during the term of military
service which can cause serious mental health disorders; and
Whereas, Numerous studies demonstrate that as much as 58
percent of combat veterans may have been so traumatized by the mental demands of preparing for and participating in battle that
they developed post-traumatic stress disorder; and
Whereas, Some veterans who have been exposed to combat have
become involved in alcohol and substance abuse; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study family support mechanisms for dealing with
mental health, alcohol and substance abuse for veterans; and, be it
Further Resolved, That the Joint Committee on Government and
Finance compile an inventory of mental health resources currently
available throughout West Virginia and identify where there are
gaps in services available to veterans and where there is strong
community support for services and how this state can optimize,
coordinate and initiate services; and, be it
Further Resolved, That the Joint Committee on Government and
Finance determine the best means to apprise the federal government
of the concerns of West Virginians regarding mental health issues
affecting our combat veterans and to encourage the federal
government to meet its responsibilities in this regard; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Minard, McCabe, Unger, Jenkins, Oliverio and Foster
offered the following resolution:
Senate Resolution No. 43--Designating March 6, 2007, as "West
Virginia Home School Day".
Whereas, The State of West Virginia is committed to excellence
in education; and
Whereas, The State of West Virginia recognizes that parental
involvement and individualized attention to educational success are
unique and basic components of home schooling; and
Whereas, Home-schooled students exhibit self-confidence and
good citizenship and are prepared academically to meet the
challenges of today's society; and
Whereas, Contemporary studies continue to confirm that
children who are educated at home score exceptionally well on
national achievement tests and score above the national average on
SAT and ACT tests; and
Whereas, Home-schooled students have shown to be competitive
with publicly and privately schooled students at the college level;
therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 6, 2007, as "West
Virginia Home School Day"; and, be it
Further Resolved, That the Senate recognizes students,
teachers and families involved with home schooling in West Virginia
for their dedication to excellence in education; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Home Educators
Association and the Christian Home Educators of 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.
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.
Senators Hunter, Sypolt, Jenkins and Plymale offered the
following resolution:
Senate Resolution No. 44--Congratulating the Preston High
School JROTC Rifle Team on winning its sixth consecutive West
Virginia state high school rifle championship.
Whereas, The Preston High School JROTC Rifle "A" Team won its
sixth consecutive West Virginia state high school rifle
championship; and
Whereas, The Preston High School JROTC Rifle "A" Team will be
traveling to Fort Benning, Georgia, to compete in the JROTC Eastern
Championships; and
Whereas, The Preston High School JROTC Rifle "A" Team, coached
by Lieutenant Colonel William Miller and consisting of members
Captain Rustin Ault, Amanda Garlitz, Brandon Caratello and Alex
Noss, is to be commended for its dedication and effort; therefore,
be it
Resolved by the Senate:
That the Senate hereby congratulates the Preston High School
JROTC Rifle "A" Team for winning its sixth consecutive West
Virginia state high school rifle championship; and, be it
Further Resolved, That the Senate commends the Preston High
School JROTC Rifle "A" Team coach and members for their excellent
marksmanship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Lieutenant Colonel William Miller and
each member of the Preston High School JROTC Rifle "A" Team.
At the request of Senator Hunter, 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 proceeded to the seventh order of business.
Senate Concurrent Resolution No. 28, Designating December,
2007, as "West Virginia Legislature's Back to School Month".
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. 62, Requesting Division of
Highways name bridge in Berkeley County "Allensville Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 2718, Authorizing West
Virginia Lottery Table Games at State Racetracks.
On third reading, coming up in regular order, was reported by
the Clerk.
Following extended discussion and a point of inquiry to the
President, with resultant response thereto,
On motion of Senator Kessler, the Senate reconsidered its
action by which on yesterday, Monday, March 5, 2007, it adopted Senator Helmick's amendment to the bill, as amended.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Helmick's
amendment to the bill, as amended.
Thereafter, on motion of Senator Kessler, the following
amendment to Senator Helmick's amendment to the bill, as amended,
was reported by the Clerk and adopted:
On pages eleven and twelve, section two, subsection (b),
subdivision (1), by striking out the words "the four existing".
The question now being on the adoption of Senator Helmick's
amendment to the bill (Eng. Com. Sub. for H. B. No. 2718), as
amended, the same was put and prevailed.
The bill, as just amended, was again ordered to third reading.
Having been engrossed, the bill was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Chafin, Edgell, Facemyer, Fanning, Foster, Green, Hunter, Kessler,
Love, McCabe, McKenzie, Minard, Stollings, Sypolt, Wells, White,
Yoder and Tomblin (Mr. President)--20.
The nays were: Barnes, Boley, Caruth, Deem, Guills, Hall,
Helmick, Jenkins, Oliverio, Plymale, Prezioso, Sprouse and
Unger--13.
Absent: Sharpe--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. 2718) 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.
At the request of Senator Helmick, as chair of the Committee
on Finance, and by unanimous consent, the unreported Finance
committee amendment to the title of the bill was withdrawn.
On motion of Senator Helmick, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2718--A Bill to amend and
reenact §29-22-18 of the Code of West Virginia, 1931, as amended;
to amend and reenact §29-22A-10c of said code; to amend said code
by adding thereto a new article, designated §29-22C-1, §29-22C-2,
§29-22C-3, §29-22C-4, §29-22C-5, §29-22C-6, §29-22C-7, §29-22C-8,
§29-22C-9, §29-22C-10, §29-22C-11, §29-22C-12, §29-22C-13, §29-22C-
14, §29-22C-15, §29-22C-16, §29-22C-17, §29-22C-18, §29-22C-19,
§29-22C-20, §29-22C-21, §29-22C-22, §29-22C-23, §29-22C-24, §29-
22C-25, §29-22C-26, §29-22C-27, §29-22C-28, §29-22C-29, §29-22C-30,
§29-22C-31, §29-22C-32, §29-22C-33 and §29-22C-34; and to amend and
reenact §29-25-1 of said code, all relating to authorization of
West Virginia Lottery table games generally; providing for Lottery
Commission operation and administration expenses; providing recoupment criteria and changing the recoupment period for the
Capital Reinvestment Fund; West Virginia Lottery Racetrack Table
Games Act; authorizing West Virginia Lottery table games at
licensed horse and dog racetracks; providing for legislative
findings, including constitutional considerations; providing
definitions; providing for Lottery Commission regulation of gaming
activities; duties and powers of Lottery Commission; authorizing
the Lottery Commission to promulgate rules; authorizing the Lottery
Commission and director to hire necessary staff; placing
requirements and limitations on lottery employees; providing for
duties, powers and administrative expenses of the Lottery
Commission; requiring local option elections to approve licensure
of West Virginia Lottery table games at racetrack facilities;
procedure for elections; providing for reconsideration elections;
providing for licensees to engage in activities related to
operation of West Virginia Lottery table games at racetrack
facilities; providing qualifications for applicant for license to
operate West Virginia Lottery table games at a racetrack facility;
providing floor plan requirements; authorizing management service
contracts; coordination of licensed activities; providing license
application requirements; establishing an annual license surcharge
for failure to construct certain hotel facilities; extending of
time for construction; racetrack table games licensee
qualifications; establishing license fees; requirement for surety bond; issuance of licenses and prohibiting transfer, assignment,
sale or pledge as collateral; requiring audits and reports of
licensees; providing duties of racetrack table games licensees;
preference in hiring for table games jobs; providing that the state
owns exclusive right to conduct table games and may grant a license
to operate West Virginia Lottery table games to qualified
licensees; providing duties for racetrack table games licensees;
licensees to hold state harmless from any and all claims; providing
reporting requirements for table games licensees; establishing
requirements for licensees to supply gaming equipment or services;
establishing requirements of license for employees of operator of
racetracks with West Virginia Lottery table games; establishing
requirements for management services provider license; establishing
license fees; prohibitions to granting of a license; providing
grounds for denial, revocation, suspension or reprimand of license;
establishing hearing procedures; providing for expiration and
renewal of licenses; requiring renewal fees; requiring Lottery
Commission to give notice regarding license expiration and renewal
to licensees; specifying information to be included on license;
requiring display and availability of license; requiring notice of
change of address; requiring commission approval of West Virginia
Lottery table games rules of play; resolution of disputes over game
rules by Lottery Commission; requiring licensees to provide written
notice to players of games of chance of game rules and payouts; providing for method to determine betting limits and operations and
services by racetrack licensees; requiring the posting of betting
limits and other requirements relating to operations and services;
establishing limitations for offering complimentary goods and
services; providing conditions for sale of alcohol; providing for
contract agreements and costs for services and training of the
State Police; exclusive jurisdiction of State Police over felony
offenses committed at a racetrack; authorizing inspections and
seizure of certain property; authorizing certain warrantless
searches of person and property; imposing privilege tax on adjusted
gross receipts of racetrack with West Virginia Lottery table games;
providing procedure for filing and payment of said tax; exempting
racetrack licensees from certain taxes; prohibition on credits
against privilege tax; creating West Virginia Lottery Racetrack
Table Games Fund; providing for distribution of amounts from said
fund; creating Community-Based Service Fund; appropriation of
moneys for senior services by the Legislature; creating State Debt
Reduction Fund; authorizing expenditures from said fund;
authorizing and limiting use of funds by counties and
municipalities; clarifying and limiting expenses of the Lottery
Commission for administration and enforcement of article; providing
prohibited wagers and other activities; prohibiting certain
wagering methods; establishing criminal offenses and penalties;
providing for forfeiture of certain property; providing civil penalties; providing for the preemption of certain local laws,
ordinance and rules; providing for exemption from certain federal
laws relating to shipment of gambling devices; and revising
legislative findings relating to authorization of West Virginia
Lottery table games at a well-established resort hotel.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, the remarks by Senator Bowman regarding the
passage of Engrossed Committee Substitute for House Bill No. 2718
were ordered printed in the Appendix to the Journal.
At the request of Senator Edgell, unanimous consent being
granted, the remarks by Senator Kessler regarding the passage of
Engrossed Committee Substitute for House Bill No. 2718 were ordered
printed in the Appendix to the Journal.
At the request of Senator Prezioso, and by unanimous consent,
the remarks by Senator Oliverio regarding the passage of Engrossed
Committee Substitute for House Bill No. 2718 were ordered printed
in the Appendix to the Journal.
At the request of Senator Bowman, unanimous consent being
granted, the remarks by Senator McKenzie regarding the passage of
Engrossed Committee Substitute for House Bill No. 2718 were ordered
printed in the Appendix to the Journal.
The Senate proceeded to the ninth order of business.
Eng. House Bill No. 2349, Continuing the Board of Registration
for Sanitarians.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2568, Extending the sunset provision
regarding racial profiling analysis.
On second reading, coming up in regular order, was 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 one, section three, lines one and two, by striking out
the words "on the first day of January, two thousand five";
On page two, section three, line five, by striking out the
words "emergency and";
On page four, section three, line forty-nine, by striking out
the word "On" and inserting in lieu thereof the words "Annually,
on";
On page four, section three, lines forty-nine and fifty, by
striking out the words "two thousand six, and each year
thereafter,";
On page four, section three, line fifty-eight, by striking out
the words "shall become effective after" and inserting in lieu
thereof the words "were effective";
And,
On page five, section three, line sixty-three, by striking out
the word "nine" and inserting in lieu thereof the word "eight".
The bill (Eng. H. B. No. 2568), as amended, was then ordered
to third reading.
Eng. House Bill No. 2574, Continuing the Board of Social Work
Examiners.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2586, Continuing the Board of Veterinary
Medicine.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 10. VETERINARIANS.
§30-10-20. Continuation of the Board of Veterinary Medicine.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia Board of Veterinary Medicine shall
continue to exist until the first day of July, two thousand seven
eighteen, unless sooner terminated, continued or reestablished.
The bill (Eng. H. B. No. 2586), as amended, was then ordered to third reading.
Eng. House Bill No. 2587, Continuing the Board of Optometry.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page one, section eleven, by striking out the section
caption and substituting therefor a new section caption, to read as
follows:
§30-8-11. Continuation of the Board of Optometry.
The bill (Eng. H. B. No. 2587), as amended, was then ordered
to third reading.
Eng. Com. Sub. for House Bill No. 2590, Authorizing the
Department of Revenue to promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
B
y striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 7. AUTHORIZATION FOR THE DEPARTMENT OF REVENUE TO
PROMULGATE LEGISLATIVE RULES.
§64-9-1. Alcohol Beverage Control Commission.
(a) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand six, authorized under the
authority of section ten, article seven, chapter sixty of this
code, relating to the Alcohol Beverage Control Commission (private
club licensing, 175 CSR 2), is authorized with the following
amendments:
On page one, by redesignating subdivision 2.5.1. as subsection
2.6. and renumbering the remaining subsections accordingly;
On page fifteen, subdivision 6.7.1., after the word "effect"
by striking out the comma and the word "and";
And,
On page fifteen, subdivision 6.7.2. following the word "rule"
by inserting a comma and the following: "and
6.7.3. A suspension order suspending a license in the interest
of public safety, as specified in W. Va. Code §60-7-13a".
(b)
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section six, article three-a, chapter sixty of this
code, relating to the Alcohol Beverage Control Commission
(licensing of retail liquor stores, 175 CSR 5), is authorized
with
the following amendments:
On page fifteen, by redesignating paragraph 8.1.1.a. as
subdivision 8.1.2. and by renumbering the remaining subdivision
accordingly;
And,
On page fifteen, subdivision 8.1.1.a., line two, after the
word "for" by striking out the word "the" and inserting in lieu
thereof the word "a" and after the word "investigation", by
inserting the following: "undertaken pursuant to subdivision 8.1.1.
of this rule".
(c)
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section twenty-two, article sixteen, chapter eleven of
this code, relating to the Alcohol Beverage Control Commission
(nonintoxicating beer licensing and operations procedures, 176 CSR
1), is authorized
with the following amendments:
On page four, by redesignating paragraph 3.1.2.a. as
subdivision 3.1.3. and renumbering the remaining subdivision
accordingly;
On page four, paragraph 3.1.2.a., line two, after the words
"by the ABCC for" by striking out the word "the" and inserting in
lieu thereof the word "a" and after the word "investigation" by
inserting the following: "undertaken pursuant to subdivision 3.1.2.
of this rule";
On page twelve, subdivision 3.2.2, on line three, after the
word "manufacturer" by striking out the words "whose chief place of
business is outside of the State of West Virginia"; and
On page twenty-seven, following paragraph 13.2.1.3, by
inserting a new paragraph designated as 13.2.1.4, to read as follows:
"13.2.1.4. The provisions of this rule and W. Va. Code § 11-
16-1 et. seq. shall be part of all franchise agreements subject to
the provisions of W. Va. Code § 11-16-21 and may not be altered by
the parties.";
On page twenty, subdivision 6.1.14, by striking out the word
"and" and the comma;
On page twenty, subdivision 6.1.15, by changing the period to
a semicolon and inserting the word "and" and a comma;
And,
On page twenty, following subdivision 6.1.15, by inserting a
new subdivision, designated as 6.1.16, to read as follows:
"6.1.16. For any person to manufacture, sell, transport,
deliver, furnish, purchase, consume or possess any nonintoxicating
beer except as provided by the laws of this state or rules lawfully
promulgated by the Commissioner.".
§64-7-2. Insurance Commissioner.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand six, authorized under the
authority of section ten, article two, chapter thirty-three of this
code, modified by the Insurance Commissioner to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
State Register on the twentieth day of December, two thousand six,
relating to the Insurance Commissioner (rate filing requirements for title insurance companies, 114 CSR 77), is authorized
with the
following amendment:
On page one, section 3, subsection 3.3, line thirty-five,
following the words "household purposes", by striking out the comma
and the words "where the insurance affords coverage in whole or in
part to the person occupying the property".
(b) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand six, authorized under the
authority of section ten, article two, chapter thirty-three of this
code, modified by the Insurance Commissioner to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
State Register on the twentieth day of December, two thousand six,
relating to the Insurance Commissioner (individual limited health
benefits plans, 114 CSR 78), is authorized with the following
amendments:
On page two, section five, subsection 5.3, line eighteen, by
striking out the word "An" and inserting in lieu thereof the
following: "Except as provided in section three, article fifteen-d,
chapter thirty-three of the Code of West Virginia, an";
And,
On page three, section six, after subsection 6.3., by
inserting a new subsection, designated subsection 6.4., to read as
follows:
"6.4. Before approving any plan or policy under this rule, the Commissioner must find that the plan or policy furthers the
legislative purpose of W. Va. Code §33-15D-1, et seq., by providing
substantial preventative care and primary care benefits. This
subsection does not apply to any plan or policy approved by the
Commissioner prior to the effective date of this rule unless and
until the provider of the plan or policy makes a subsequent filing
with regard to such plan or policy."
(c) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand six, authorized under the
authority of section ten, article two, chapter thirty-three of this
code, modified by the Insurance Commissioner to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
State Register on the twentieth day of December, two thousand six,
relating to the Insurance Commissioner (group limited health
benefits plans, 114 CSR 79), is authorized with the following
amendment:
On page two, section seven, after subsection 7.3., by
inserting a new subsection, designated subsection 7.4., to read as
follows:
"7.4. Before approving any plan or policy under this rule, the
Commissioner must find that the plan or policy furthers the
legislative purpose of W. Va. Code §33-16F-1, et seq., by providing
substantial preventative care and primary care benefits. This
subsection does not apply to any plan or policy approved by the Commissioner prior to the effective date of this rule unless and
until the provider of the plan or policy makes a subsequent filing
with regard to such plan or policy.".
§64-7-3. Racing Commission.
The legislative rule filed in the State Register on the
twenty-eighth day of July, two thousand six, authorized under the
authority of section six, article twenty-three, chapter nineteen of
this code, modified by the Racing Commission to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
State Register on the seventeenth day of January, two thousand
seven, relating to the Racing Commission (thoroughbred racing, 178
CSR 1), is authorized with the following amendments:
On page four, subsection 2.53, after the word "substance" by
striking out the comma;
On page fifty-eight, subsection 66.10., after the word
"electrolytes." by striking out the words "Prerace-testing" and
inserting in lieu thereof the words "Pre-race testing";
On page fifty-eight, subsection 66.10., after the words "If
testing" by striking out the words "post race" and inserting in
lieu thereof the word "post-race";
On page fifty-eight, subsection 66.10., after the words
"dioxide concentration." by striking out the word "If" and
capitalizing the word "the";
On page fifty-eight, subsection 66.10., after the words "racing chemist" by inserting the words "shall inform the stewards
if he or she";
On page fifty-eight, subsection 66.10., after the words "per
liter" by changing the comma to a period and by striking out the
remainder of the subsection;
On page fifty-eight, subsection 66.11., by striking out the
word "shall" and inserting in lieu thereof the word "do";
On page sixty-three, by striking out subdivision 73.2.1.
through subparagraph 73.2.1.1.e. and inserting in lieu thereof the
following:
"73.2.a. Acting with reasonable cause, the stewards or a
designated representative of the Racing Commission may direct any
licensee, occupational permit holder or employee to deliver a
specimen of urine in the presence of a designated person or subject
himself of herself to the taking of a sample of blood or other
bodily fluids by a designated person."
And,
On pages sixty-three and sixty-four, by redesignating
subdivisions 73.2.2. through 7.3.5. as subdivisions 73.2.b. through
73.2.e
.
§64-7-4. Tax Department.
(a) The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand six, authorized under the
authority of section five, article ten, chapter eleven of this code, modified by the Tax Department to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the second day of November, two thousand six, relating
to the Tax Department (abusive tax shelters, 110 CSR 10J), is
authorized with the following amendments:
On page five, paragraph 3.2.17.1., on line three, by striking
out "3.2.13.1" and inserting in lieu thereof "3.2.13";
On page fifteen, subdivision 6.3.2., by striking out the words
"Makes or causes another person to make a false or fraudulent
statement with respect to securing a tax benefit or a gross
valuation as to any material matter, and";
And,
On page seventeen, subdivision 7.3.2., by striking out the
subdivision in its entirety and renumbering the remaining
subdivision.
(b) The legislative rule filed in the State Register on the
twenty-second day of December, two thousand five, authorized under
the authority of section five, article ten, chapter eleven of this
code, modified by the Tax Department to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the eighth day of June, two thousand six, relating to
the Tax Department (Consumers Sales and Service Tax and Use Tax -
reduced sales tax on food, 110 CSR 15H), is authorized with the
following amendment:
On page eight, section 5.1, line one, after the word
"Section", by striking out "2" and inserting in lieu thereof "3".
The bill (Eng. Com. Sub. for H. B. No. 2590), as amended, was
then ordered to third reading.
Eng. House Bill No. 2712, Regarding whether a bank's
application to establish a branch presents a significant
supervisory concern or significant legal or policy issue.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2741, Relating to worthless
checks.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §61-3-39a, §61-3-39b, §61-3-39f and §61-3-39h of the Code
of West Virginia, 1931, as amended, be amended and reenacted, all
to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-39a. Making, issuing, etc., worthless checks on a
preexisting debt; penalty.
(a) It is unlawful for any person, firm or corporation to make, draw, issue, utter or deliver any check, draft or order for
the payment of money or its equivalent on a preexisting debt upon
any bank or other depository, knowing or having reason to know
there is not sufficient funds on deposit in or credit with the bank
or other depository with which to pay the check, draft or order
upon presentation. The making, drawing, issuing, uttering or
delivering of any check, draft or order on a preexisting debt, for
or on behalf of any corporation, or its name, by any officer or
agent of the corporation, shall subject the officer or agent to the
penalty of this section to the same extent as though the check,
draft or order was his or her own personal act.
(b) This section shall not apply to any such check, draft or
order when the payee or holder knows or has been expressly notified
prior to the acceptance of same or has reason to believe that the
drawer did not have on deposit or to his or her credit with the
drawee sufficient funds to ensure payment as aforesaid, nor shall
this section apply to any post-dated check, draft or order. This
section shall not apply when the insufficiency of funds or credit
is caused by any adjustment to the drawer's account by the bank or
other depository without notice to the drawer or is caused by the
dishonoring of any check, draft or order deposited in the account
unless there is knowledge or reason to believe that the check,
draft or order would be dishonored.
(c) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than two hundred dollars; and upon a third or
subsequent conviction thereof, shall be fined not more than two
hundred dollars, or confined in the county or regional jail not
more than ten days, or both.
§61-3-39b. Payment as defense.
Payment of a dishonored check, draft or order, shall not
constitute made to the magistrate clerk within ten days after the
notice mailed to the defendant pursuant to section thirty-nine-g of
this article, constitutes a complete defense or ground for
dismissal of charges brought under section thirty-nine or thirty-
nine-a of this article. Payment of a dishonored check, including
any authorized charges or costs, shall constitute a defense or
grounds for dismissal of charges brought under section thirty-nine-
a of this article.
§61-3-39f. Manner of filing complaint for warrant; form.
(A) Notwithstanding the provisions of section one, article
one, chapter sixty-two of this code, a complaint for warrant for
violations of section thirty-nine or thirty-nine-a of this article
need not be made upon oath before a magistrate but may be made upon
oath before any magistrate court clerk or other court officer
authorized to administer oaths or before a notary public in any
county of the state and may be delivered by mail or otherwise to
the magistrate court of the county wherein venue lies: Provided, That nothing in this section changes the authority and
responsibility of the prosecuting attorney to prosecute any person
or persons for violations of section thirty-nine or thirty-nine-a
of this article.
(B) A complaint for warrant for violations of section thirty-
nine-a of this article shall be deemed sufficient if it is in form
substantially as follows:
"State of West Virginia
County of, to wit:
, upon oath complains that:
(a) Within one year past, on the day
of , 19 20, in the county stated above,
("the maker") unlawfully
issued and delivered to a
check, draft or order with the following words and figures:
19 20
No
(Name of Bank)
Pay to the Order of$Dollars
For
when the maker did not have funds on deposit in or credit with this
bank with which to pay the check, draft or order upon presentation
against the peace and dignity of the State of West Virginia. The complainant therefore prays a warrant issue and that the maker be
apprehended and held to answer the warrant and dealt with in
relation thereto according to the law.
(b) At the time the check, draft or order was delivered and
before it was accepted there was either on the check or on a record
in the possession of the complainant the following information
regarding the identity of the maker:
(1) Name
(2) Residence address
(3) Business address
(4) Mailing address
(5) Motor vehicle operator's number
(6) Home phone
(7) Work phone
(8) Place of employment
That since the time the check, draft or order was delivered
the complainant has ascertained to the best of his or her knowledge
and belief the following facts concerning the maker:
Full name
Home address
Home phone noBusiness phone no
Place of employment
Race SexHeight
Date of birth
DayMonthYear
, Complainant
AddressPhone No.
(c) The complainant's bank or financial institution has
imposed on or collected from the complainant a service charge in
the amount of $in connection with the
check, draft or order described above.
Taken, subscribed and sworn to before me, this
day of, 19 20
(Title)
My commission expires the day of,
19 20"
(C) The failure to supply information indicated in parts (b)
or (c) of the foregoing complaint for warrant shall not affect the
sufficiency thereof of the complaint.
§61-3-39h. Payment of costs in worthless check cases; disposition
of certain costs.
(a) In any prosecution under section thirty-nine or thirty-
nine-a of this article, the costs as that may otherwise be imposed
against the drawer of any check, draft or order shall be imposed on
the person initiating the prosecution if:
(1) Payment of the check, draft or order is accepted by the
payee or holder thereof after the filing of a complaint for
warrant; if and the charge is subsequently withdrawn or dismissed
at the request of the complainant: Provided, That the provisions of
this subdivision do not apply where a charge is dismissed and
restitution is paid as a condition of a plea agreement. The
defendant shall be assessed costs for the prosecution of each
charge of which he or she stands convicted and the fee for court
costs assessed pursuant to section thirty-nine-g of this article
for each charge dismissed as a result of the plea agreement;
(2) The payee or holder had reason to believe that the check,
draft or order would be dishonored; or if
(3) The same check, draft or order was postdated; or if
(4) The matter is dismissed for failure to prosecute.
(b) Costs collected by magistrate court for issuance of notice
as authorized by section thirty-nine-g of this article may not be
paid into the special county fund created by the provisions of
section four, article three, chapter fifty of this code but shall
be accounted for separately and retained by the county in a fund
designated the Worthless Check Fund until the sheriff shall issue
issues warrants in furtherance of the allowable expenses
specifically provided for by this section. Such costs may not be
included in any calculation of the amount of funds to be retained
by the county under the provisions of section four, article three, chapter fifty of this code.
(c) A county may, after agreement with the court
administrator's office of the Supreme Court of Appeals, appropriate
and spend from the Worthless Check Fund herein established such
sums as shall be are necessary to pay or defray the expenses of
providing a deputy sheriff to serve warrants for worthless check
offenses and to pay or defray the expenses of providing additional
deputy clerks in the office of the magistrate court clerk. After
payment of these expenses, or after a determination that these
services are not necessary, a county may appropriate and spend from
the fund the sums necessary to defray:
(1) The expenses of providing bailiff and service of process
services by the sheriff; to defray
(2) The cost of acquiring or renting magistrate court offices
and providing utilities and telephones therefor and telephone
service to such offices; to defray
(3) The cost of complying with section thirty-nine-i herein of
this article; and to defray
(4) The expenses of such other services which are to be
provided to magistrate courts by the county.
The bill (Eng. Com. Sub. for H. B. No. 2741), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2748, Relating to the
receipt and transfer of scrap metal.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 3. CRIMES AGAINST PROPERTY
§61-3-49. Purchase of nonferrous metals or steel railroad track
and track materials by scrap metal purchasing businesses,
salvage yards, or recycling facilities; certificates, records
and reports of such purchases; criminal penalties.
(a) Any person in the business of purchasing scrap metal, any
salvage yard owner or operator, or any public or commercial
recycling facility owner or operator, or any agent or employee
thereof, who purchases any form of copper, aluminum, brass, lead or
other nonferrous metal of any kind, or steel railroad track and
track material, shall make a record of such purchase. Such record
shall accurately list the name, permanent and business addresses
and telephone number of the seller, the motor vehicle license
number of any vehicle used to transport the nonferrous metal or
steel to the place of purchase, the time and date of the
transaction and a complete description of the kind and character of
the nonferrous metal or steel railroad track and track material
purchased. The person purchasing the nonferrous metal or steel railroad track and track material shall also require from the
seller, and retain in the record, a signed certificate of ownership
of the nonferrous metal or steel railroad track and track material
being sold or authorization from the owner to sell. comply with the
provisions of this section.
(b) The purchaser of such metals shall make and maintain a
record of each transaction which shall contain the following
information:
(1) Full name, permanent home and business addresses and
telephone number, if available, of the seller;
(2) A description and the motor vehicle license number of any
vehicle used to transport any form of copper, aluminum, brass, lead
or other nonferrous metal or steel to the place of purchase;
(3) The time and date of the transaction;
(4) A complete description of the kind, character and weight
of the copper, aluminum, brass, lead or other nonferrous metal or
steel railroad track and track material purchased; and
(5) A statement whether the copper, aluminum, brass, lead or
other nonferrous metal or steel railroad track and track material
was purchased, taken as collateral for a loan or taken on
consignment.
(c) The person purchasing the copper, aluminum, brass, lead
or other nonferrous metal or steel railroad track and track
material shall also require and retain from the seller the following information:
(1) A signed certificate of ownership of the copper,
aluminum, brass, lead or other nonferrous metal or steel railroad
track and track material being sold or signed authorization from
the owner to sell; and
(2) A photocopy of a valid driver's license or identification
card issued by the West Virginia Division of Motor Vehicles of the
person delivering the copper, aluminum, brass, lead or other
nonferrous metal or steel railroad track and track material or, in
lieu thereof, any other identification card containing a photograph
of the seller as issued by any state or federal agency of the
United States: Provided, That if the buyer has a copy of the
seller's photo identification on file, the buyer may reference the
identification that is on file without making a separate photocopy
for each transaction.
(d) A law-enforcement officer may at any time during an
investigation require the purchaser of any copper, aluminum, brass,
lead or other nonferrous metal or steel railroad track and track
material to present such items for inspection, upon demand. A law-
enforcement officer may obtain a warrant to take into custody a
representative sample of any copper, aluminum, brass, lead or other
nonferrous metal or steel railroad track or track material which he
or she has probable cause to believe may have been misappropriated,
stolen or taken under false pretenses. Upon the entry of a final determination and order by a court of competent jurisdiction,
copper, aluminum, brass, lead or other nonferrous metal or steel
railroad track or track material found to have been
misappropriated, stolen or taken under false pretenses may be
returned to the proper owner of such material.
(e) Any person employed by a public utility or railroad to
investigate the theft of utility or railroad property shall be
permitted to inspect the purchased copper, aluminum, brass, lead or
other nonferrous metal or steel railroad track or track material
that is in the possession of the buyer for the purpose of detecting
and identifying stolen utility or railroad property.
(f) It shall be unlawful for any of the aforementioned
persons to purchase any copper, aluminum, brass, lead or other
nonferrous metal or steel railroad track and track material without
obtaining the certificate of ownership, or authorization from the
owner to sell, on the part of the seller information set forth in
subsections (b) and (c) of this section. Such record and
certificate information shall be available for inspection by any
law-enforcement officer or any investigator employed by a public
utility or railroad to investigate the theft of public utility or
railroad property and must be maintained by the purchaser for not
less than one year after the date of the purchase.
(b) Should the transaction involve one hundred or more pounds
of copper, steel railroad track, track material or aluminum in any form, the purchaser of the copper, steel railroad track, track
material or aluminum, or his or her agent, shall report in writing
to the chief of police of the municipality or the sheriff of the
county wherein he or she is transacting business and to the local
detachment of the Division of Public Safety all the information
obtained. The report must be filed within seventy-two hours after
the transaction. The provisions of this subsection do not apply to
purchases made at wholesale under contract or as a result of a
bidding process.
(c) (g) Nothing in this section applies to scrap purchases by
manufacturing facilities that melt, or otherwise alter the form of
scrap metal and transform it into a new product or to the purchase
or transportation of food and beverage containers or other
nonindustrial materials having a marginal value per individual
unit.
(d) (h) Any person who knowingly or with fraudulent intent
violates any provision of this section, including the knowing
failure to make a report or the knowing falsification of any
required information, is guilty of a misdemeanor and, upon
conviction of a first offense thereof, shall be fined not less than
five hundred one thousand dollars nor more than two three thousand
dollars; upon conviction of a second offense thereof shall be fined
not less than two thousand dollars and not more than four thousand
dollars and any business license held by that person shall be suspended for six months; and upon conviction of a third or
subsequent offense thereof shall be fined not less than three
thousand dollars and not more than five thousand dollars, any
business licenses held by that person shall be revoked. Any person
convicted for a third or subsequent offense under this section and
any member of his or her immediate family shall be prohibited from
applying for, holding or obtaining any business license which would
permit them to own, conduct or operate any business which would
involve the purchase of scrap metal or the operation of any salvage
yard or recycling facility for a period of two years.
For purposes of this section, the term "immediate family"
means the spouse, child, step-child, parents, mother-in-law and
father-in-law of any person convicted pursuant to this section.
The bill (Eng. Com. Sub. for H. B. No. 2748), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2776, Relating to the West
Virginia Residential Mortgage Lender, Broker and Servicer Act.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Banking and Insurance, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §31-17-1, §31-17-2 and §31-17-11 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 17. WEST VIRGINIA RESIDENTIAL MORTGAGE LENDER, BROKER AND
SERVICER ACT.
§31-17-1. Definitions and general provisions.
As used in this article:
(1) "Primary mortgage loan" means a consumer loan made to an
individual which is secured, in whole or in part, by a primary
mortgage or deed of trust upon any interest in real property used
as an owner-occupied residential dwelling with accommodations for
not more than four families;
(2) "Subordinate mortgage loan" means a consumer loan made to
an individual which is secured, in whole or in part, by a mortgage
or deed of trust upon any interest in real property used as an
owner-occupied residential dwelling with accommodations for not
more than four families, which property is subject to the lien of
one or more prior recorded mortgages or deeds of trust;
(3) "Person" means an individual, partnership, association,
trust, corporation or any other legal entity, or any combination
thereof;
(4) "Lender" means any person who makes or offers to make or
accepts or offers to accept or purchases or services any primary or
subordinate mortgage loan in the regular course of business. A
person is considered to be acting in the regular course of business if he or she makes or accepts, or offers to make or accept, more
than five primary or subordinate mortgage loans in any one calendar
year;
(5) "Broker" means any person acting in the regular course of
business who, for a fee or commission or other consideration,
negotiates or arranges, or who offers to negotiate or arrange, or
originates, processes or assigns a primary or subordinate mortgage
loan between a lender and a borrower. A person is considered to be
acting in the regular course of business if he or she negotiates or
arranges, or offers to negotiate or arrange, or originates,
processes or assigns any primary or subordinate mortgage loans in
any one calendar year; or if he or she seeks to charge a borrower
or receive from a borrower money or other valuable consideration in
any primary or subordinate mortgage transaction before completing
performance of all broker services that he or she has agreed to
perform for the borrower;
(6) "Brokerage fee" means the fee or commission or other
consideration charged by a broker or loan originator for the
services described in subdivision (5) of this section;
(7) "Additional charges" means every type of charge arising
out of the making or acceptance of a primary or subordinate
mortgage loan, except finance charges, including, but not limited
to, official fees and taxes, reasonable closing costs and certain
documentary charges and insurance premiums and other charges which definition is to be read in conjunction with and permitted by
section one hundred nine, article three, chapter forty-six-a of
this code;
(8) "Finance charge" means the sum of all interest and
similar charges payable directly or indirectly by the debtor
imposed or collected by the lender incident to the extension of
credit as coextensive with the definition of "loan finance charge"
set forth in section one hundred two, article one, chapter forty-
six-a of this code;
(9) "Commissioner" means the Commissioner of Banking of this
state;
(10) "Applicant" means a person who has applied for a
lender's, broker's or loan originator's license;
(11) "Licensee" means any person duly licensed by the
commissioner under the provisions of this article as a lender,
broker or loan originator;
(12) "Amount financed" means the total of the following items
to the extent that payment is deferred:
(a) The cash price of the goods, services or interest in
land, less the amount of any down payment, whether made in cash or
in property traded in;
(b) The amount actually paid or to be paid by the seller
pursuant to an agreement with the buyer to discharge a security
interest in or a lien on property traded in; and
(c) If not included in the cash price:
(i) Any applicable sales, use, privilege, excise or
documentary stamp taxes;
(ii) Amounts actually paid or to be paid by the seller for
registration, certificate of title or license fees; and
(iii) Additional charges permitted by this article;
(13) "Affiliated" means persons under the same ownership or
management control. As to corporations, limited liability
companies or partnerships, where common owners manage or control a
majority of the stock, membership interests or general partnership
interests of one or more such corporations, limited liability
companies or partnerships, those persons are considered affiliated.
In addition, persons under the ownership or management control of
the members of an immediate family shall be considered affiliated.
For purposes of this section, "immediate family" means mother,
stepmother, father, stepfather, sister, stepsister, brother,
stepbrother, spouse, child and grandchildren;
(14) "Servicing" or "servicing a residential mortgage loan"
means through any medium or mode of communication the collection or
remittance for, or the right or obligation to collect or remit for
another lender, note owner or noteholder, payments of principal,
interest, including sales finance charges in a consumer credit
sale, and escrow items as insurance and taxes for property subject
to a residential mortgage loan; and
(15) "Loan originator" means an individual who, on behalf of
a single licensed mortgage broker, under the direct supervision and
control of such mortgage broker a licensee who is engaged in
brokering activity, and in exchange for compensation by that
broker, performs any of the services described in subsection (5) of
this section.
§31-17-2. License required for lender, broker or loan originator;
exemptions.
(a) No person shall may engage in this state in the business
of lender, broker or loan originator unless and until he or she
shall first obtain obtains a license to do so from the
commissioner, which license remains unexpired, unsuspended and
unrevoked, and no foreign corporation shall may engage in business
in this state unless it is registered with the Secretary of State
to transact business in this state.
(b) An entity applying for or holding both a lender and broker
license shall license all of its individual loan originators if
that entity brokers a majority of its residential mortgage loans.
The determination of whether an entity brokers the majority of its
residential mortgage loans is based upon the most recent annual
report filed with the division pursuant to section eleven of this
article. A new applicant applying for both a lender license and a
broker license shall license all of its loan originators unless the
applicant can demonstrate, through data compiled for other state regulators, that it acts as a lender for a majority of its
residential mortgage loans made.
(b) (c) Brokerage fees, additional charges and finance charges
imposed by licensed mortgage brokers, lenders and loan originators
are exempt from the tax imposed by article fifteen, chapter eleven
of this code beginning on the first day of January, two thousand
four.
(c) (d) The provisions of this article do not apply to loans
made by the following:
(1) Federally insured depository institutions;
(2) Regulated consumer lender licensees;
(3) Insurance companies;
(4) Any other lender licensed by and under the regular
supervision and examination for consumer compliance of any agency
of the federal government;
(5) Any agency or instrumentality of this state, federal,
county or municipal government or on behalf of the agency or
instrumentality;
(6) By a nonprofit community development organization making
mortgage loans to promote home ownership or improvements for the
disadvantaged which loans are subject to federal, state, county or
municipal government supervision and oversight; or
(7) Habitat for Humanity International, Inc., and its
affiliates providing low-income housing within this state.
Loans made subject to this exemption may be assigned,
transferred, sold or otherwise securitized to any person and shall
remain exempt from the provisions of this article, except as to
reporting requirements in the discretion of the commissioner where
the person is a licensee under this article. Nothing herein shall
prohibit a broker licensed under this article from acting as broker
of an exempt loan and receiving compensation as permitted under the
provisions of this article.
(d) (e) A person or entity designated in subsection (c) of
this section may take assignments of a primary or subordinate
mortgage loan from a licensed lender and the assignments of said
loans that they themselves could have lawfully made as exempt from
the provisions of this article under this section do not make that
person or entity subject to the licensing, bonding, reporting or
other provisions of this article except as the defense or claim
would be preserved pursuant to section one hundred two, article
two, chapter forty-six-a of this code.
(e) (f) The placement or sale for securitization of a primary
or subordinate mortgage loan into a secondary market by a licensee
may not subject the warehouser or final securitization holder or
trustee to the provisions of this article: Provided, That the
warehouser, final securitization holder or trustee under an
arrangement is either a licensee, or person or entity entitled to
make exempt loans of that type under this section, or the loan is held with right of recourse to a licensee.
§31-17-11. Records and reports; examination of records; analysis.
(a) Every lender and broker licensee shall maintain at his or
her place of business in this state, if any, or if he or she has no
place of business in this state at his or her principal place of
business outside this state, such books, accounts and records
relating to all transactions within this article as are necessary
to enable the commissioner to enforce the provisions of this
article. All the books, accounts and records shall be preserved,
exhibited to the commissioner and kept available as provided herein
for the reasonable period of time as the commissioner may by rules
require. The commissioner is hereby authorized to prescribe by
rules the minimum information to be shown in the books, accounts
and records.
(b) Each licensee shall file with the commissioner on or
before the fifteenth day of March of each year a report under oath
or affirmation concerning his or her business and operations in
this state for the preceding license year in the form prescribed by
the commissioner.
(c) The commissioner may, at his or her discretion, make or
cause to be made an examination of the books, accounts and records
of every lender or broker licensee pertaining to primary and
subordinate mortgage loans made in this state under the provisions
of this article, for the purpose of determining whether each lender and broker licensee is complying with the provisions hereof and for
the purpose of verifying each lender or broker licensee's annual
report. If the examination is made outside this state, the
licensee shall pay the cost thereof in like manner as applicants
are required to pay the cost of investigations outside this state.
(d) The commissioner shall publish annually an aggregate
analysis of the information furnished in accordance with the
provisions of subsection (b) or (c) of this section, but the
individual reports shall not be public records and shall not be
open to public inspection.
(e) The commissioner may enter into cooperative and
information-sharing agreements with regulators in other states or
with federal authorities to discharge his or her responsibilities
under this article.
The bill (Eng. Com. Sub. for H. B. No. 2776), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2870, Authorizing the court
to order payment into the Domestic Violence Legal Services Fund
under certain circumstances.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2973, Declaring certain
claims against the state to be moral obligations of the state and
directing the Auditor to issue warrants for the payment thereof.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2988, Relating to the West Virginia Tax
Procedure and Administration Act.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2990, Making technical corrections to
assure the proper collection of offset fees.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 3073, Relating to prohibiting financial
institutions from establishing or maintaining a branch in West
Virginia on, or within one and one-half miles of, the premises or
property of an affiliate, under certain circumstances.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Banking and Insurance, were reported by the Clerk, considered
simultaneously, and adopted:
O
n page sixteen, section thirteen, line one hundred forty-two,
after the word "institution," by inserting the words "banking
institution,";
And,
On page sixteen, section thirteen, line one hundred forty-five, by striking out the word "if" and inserting in lieu thereof
the words "at which".
The bill (Eng. H. B. No. 3073), as amended, was then ordered
to third reading.
Eng. House Bill No. 3117, Clarifying that contractors must
have a state contractors license in order to submit a bid with the
State of West Virginia.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page two, section six, lines one and two, by striking out
the words "On or after the first day of October, one thousand nine
hundred ninety-one, no" and inserting in lieu thereof the word
"No".
The bill (Eng. H. B. No. 3117), as amended, was then ordered
to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Eng. Com. Sub. for House Bill No. 2380, Exempting the purchase
of certain drugs, durable medical goods, etc., from the consumers
sales and service tax.
Eng. Com. Sub. for House Bill No. 2422, Providing cost-saving measures in connection with providing medical care in regional
jails.
Eng. House Bill No. 2578, Continuing current mental health
parity laws for group insurance plans.
Eng. Com. Sub. for House Bill No. 2583, Relating to the
expansion of newborn testing.
Eng. Com. Sub. for House Bill No. 2804, Eliminating time
schedules for utility relocation on highway projects.
Eng. Com. Sub. for House Bill No. 2808, Increasing the fee for
issuance of one-trip permits.
Eng. Com. Sub. for House Bill No. 2877, Funding entities
ensuring public safety on state highways.
Eng. House Bill No. 2989, Relating to certain tax shelters
used to avoid paying state income taxes.
Eng. House Bill No. 2991, Authorizing the Tax Commissioner to
conduct criminal record checks of prospective employees of the Tax
Division.
Eng. House Bill No. 3072, Relating to defining "charitable
exemptions" for purposes of the municipal business and occupation
tax.
And,
Eng. Com. Sub. for House Bill No. 3161, Relating to the theft
of oil, natural gas, water, telecommunications, electric and solid
waste service.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 6 p.m.
today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, 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. 2027, Allowing awards under
the crime victims compensation program to be made to victims of
identity theft.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 5, 2007;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. House Bill No. 2028, Increasing the required bond for
certain businesses regulated by the Division of Motor Vehicles to
fifty thousand dollars.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Eng. H. B. No. 2028) contained in the preceding
report from the Committee on Transportation and Infrastructure was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with amendments from
the Committee on Transportation and Infrastructure pending.
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. 2051, Including lasers as a
method of proving the speed of vehicles.
And has amended same.
Eng. Com. Sub. for House Bill No. 2714, Revising requirements for parking areas designated for use by persons with mobility
impairments.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2875, Providing a procedure
in which to fill a vacancy on a county commission in the event the
remaining commissioners cannot agree.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 2051, 2714 and
2875) contained in the preceding report from the Committee on the
Judiciary were each taken up for immediate consideration, read a
first time and ordered to second reading.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2070, Extending PEIA
coverage to certain long-term substitute education employees.
And has amended same.
Eng. Com. Sub. for House Bill No. 2558, Relating to donation
and transfer of surplus personal computers and other information
systems, technology and equipment for educational purposes.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2777, Relating to
compensation of public school teachers and school personnel.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 2070, 2558 and
2777) contained in the preceding report from the Committee on
Education were each taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
Finance, with amendments from the Committee on Education pending.
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. 2078, Clarifying the
procedure for tagging bear, bobcats, deer and wild turkey taken
while 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. 2078) 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.
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. 2126, Exempting land-based
finfish from aquaculture facilities from certain sludge management
requirements.
Eng. Com. Sub. for House Bill No. 2206, Prohibiting a person
not the owner of a dog from removing tags, collars or apparel from
a dog without the permission of the owner.
And,
Eng. Com. Sub. for House Bill No. 2840, Relating to
transportation of wildlife outside of the state.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, Engrossed Committee Substitute for House Bill No. 2126
contained in the preceding report from the Committee on Natural
Resources was taken up for immediate consideration, read a first
time, ordered to second reading and, under the original double
committee reference, was then referred to the Committee on the
Judiciary.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee references of Engrossed Committee Substitute
for House Bill No. 2206 and Engrossed Committee Substitute for
House Bill No. 2840 contained in the foregoing report from the
Committee on Natural Resources.
At the request of Senator Fanning, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 2206 and 2840) were each taken up for immediate consideration, read a first time
and ordered to second reading.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. House Bill No. 2481, Allowing a registrant to transfer
the registration of a Class C vehicle to another Class C type
vehicle titled in the name of the registrant.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Eng. H. B. No. 2481) contained in the preceding
report from the Committee on Transportation and Infrastructure was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. House Bill No. 2503, Authorizing the Division of Motor
Vehicles to issue an identification card to West Virginia residents
who already possess a valid driver's license.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Eng. H. B. No. 2503) contained in the preceding
report from the Committee on Transportation and Infrastructure was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2526, Allowing acupuncturists to form
limited liability companies.
Eng. Com. Sub. for House Bill No. 2787, Creation of the
Address Confidentiality Program.
Eng. House Bill No. 2956, Relating to civil actions filed in the courts of the state.
Eng. Com. Sub. for House Bill No. 3093, Providing a form for
a combined medical power of attorney and living will.
And,
Eng. House Bill No. 3270, Relating to the compensation and
expenses of fiduciaries.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. H. B. No. 2526, Eng. Com. Sub. for H. B.
No. 2787, Eng. H. B. No. 2956, Eng. Com. Sub. for H. B. No. 3093
and Eng. H. B. No. 3270) contained in the preceding report from the
Committee on the Judiciary were each taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2575, Relating to commercial
driver's licences (CDL).
Eng. House Bill No. 2825, Eliminating the provision that
allowed private clubs segregated on the basis of race or color to obtain a license to sell alcoholic beverages.
Eng. Com. Sub. for House Bill No. 2926, Relating to providing
notification that a domestic violence protective order has been
extended.
And,
Eng. House Bill No. 3018, Limiting the duplication of
publication costs in the administration of certain estates.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2585, Relating to the
renewal of teaching certificates and permanent certification.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2585) contained in
the preceding report from the Committee on Education was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2616, Authorizing the
Department of Administration to promulgate legislative rules.
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. 2616) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Eng. House Bill No. 2703, Authorizing certain students
receiving instruction in fly fishing to fly fish while under the
supervision of an instructor without obtaining a license.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Natural Resources.
At the request of Senator Fanning, unanimous consent being
granted, the bill (Eng. H. B. No. 2703) was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2763, Relating to persons
performing financial examinations of insurers.
With an amendment from the Committee on Banking and Insurance
pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as last amended by the Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 2801, Providing a fifty
thousand dollar death benefit to the families of firefighters and
EMS personnel who are killed in the line of duty.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
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. 2931, Providing for payment
of tuition and fees for members of the West Virginia National Guard
enrolled in graduate study.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2931) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2938, Including motor
carrier inspectors and enforcement officers in the definition of
law-enforcement officer.
Now on second reading, having been referred to the Committee
on the Judiciary on March 2, 2007;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 2945, Providing for tax
credits for apprenticeship training in construction trades.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2955, Continuing a flat-rate
excise tax on motor fuel at $.205.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2955) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2992, Decreasing the health care provider
tax imposed on gross receipts of providers of nursing facility
services.
And,
Eng. Com. Sub. for House Bill No. 3048, Providing credit for
specified high technology manufacturers.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 3167, Allowing teachers
employed by a statewide service personnel association to count this
service towards retirement credit.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Pensions; and then to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3167) contained in
the preceding report from the Committee on Education was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original triple committee reference, was
referred to the Committee on Pensions; and then to the Committee on
Finance.
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. 48, Requesting the Joint
Committee on Government and Finance to study sustainable funding
methods to conserve land important to West Virginia's natural
resources and economy.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
John Pat Fanning,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, March 7, 2007, at 11 a.m.
____________