WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
FIFTY-EIGHTH DAY
____________
Charleston, W. Va., Thursday, March 8, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by St. Agnes School's first grade class,
Charleston, West Virginia, who then proceeded in the singing of
"The West Virginia Hills".
Pending the reading of the Journal of Wednesday, March 7,
2007,
On motion of Senator Sharpe, 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. Senate Bill No. 335, Providing funding for WV Affordable
Housing Trust Fund.
A message from The Clerk of the House of Delegates announced that that body had refused to recede from its amendments, and
requested the appointment of a committee of conference of three
from each house on the disagreeing votes of the two houses, as to
Eng. Senate Bill No. 454, Renaming and restructuring Bureau of
Employment Programs.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Swartzmiller, Argento and Schoen.
On motion of Senator Chafin, the Senate agreed to the
appointment of a conference committee on the bill.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Bailey, Minard and Yoder.
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. 460, Providing notice to
Division of Natural Resources, Division of Forestry and state
forest superintendent relating to oil and gas access roads.
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 5. PARKS AND RECREATION.
§20-5-22. Powers and duties of the director relating to oil and
gas access roads on state forests.
(a) In addition to the requirements of article six, chapter
twenty-two of this code, a party applying for the well work permit
within a state forest shall publish a Class I-0 legal advertisement
in compliance with the provisions of article three, chapter
fifty-nine of this code in a qualified newspaper at least sixty
days prior to submitting an application with the Department of
Environmental Protection. The notice shall state that the Division
of Natural Resources will accept public comments prior to the
party's application to the Department of Environmental Protection
and shall give a postal address and an email address where the
public may file comments.
(b) For all new oil and gas road construction proposed in
subsection (a) of this section within state forests, written notice
shall be provided to the Director, the Division of Forestry, and
the state forest superintendent by the party applying for the well
work permit forty-five days before the application of the well work
permit is filed with the Department of Environmental Protection.
(c) For routine maintenance of the access roads within the
state forest, notice shall be provided to the director, the
Director of the Division of Forestry and the state forest
superintendent by the well operator for maintenance of the well
access road five days before the motorized equipment is to enter
the state forest except in the event of an emergency.
(d) The Director of the Division of Natural Resources shall
propose emergency and legislative rules in accordance with article
three, chapter twenty-nine of this code in consultation with the
Department of Environmental Protection and the Division of Forestry
that set forth the conditions upon which the permittee may access
the land for the purpose of well work in a state forest as
permitted by law.;
And,
By striking the title and substituting therefor a new title,
to read as follows:
Eng. Com. Sub. for Senate Bill No. 460--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §20-5-22, relating to providing notice of new
road construction and road maintenance for access to gas and oil
wells in state forests; requiring a public comment period;
establishing notice criteria; and requiring the director of the
Division of Natural Resources to propose legislative and emergency
rules.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 460, 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,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 460) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Senate Bill No. 490, Relating to Underground Storage Tank
Insurance Fund.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page four, section twenty-two, line fifty-two, by striking
out the words "finding of the Legislature that the state has a
moral obligation to individuals who entered into a good faith
agreement for insurance with the fund to assist them" and inserting
in lieu thereof the words "sense of the Legislature that to the
extent public funds are determined by the Legislature to be
available, they may be appropriated to assist individuals";
On page five, section twenty-two, line sixty, by striking out
the word "is" and inserting in lieu thereof the words "would be";
And,
On page five, section twenty-two, line sixty-six, by striking
out the words "from the Legislature" and inserting in lieu thereof
the words "that the Governor include in each budget submitted to
the Legislature".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 490, 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,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 490) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 569, Creating special fuels
taxes for deposit in Special Railroad and Intermodal Enhancement
Fund.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, after the enacting section, by inserting a new
chapter heading, to read as follows:
CHAPTER 11. TAXATION.;
On pages five through seven, section eighteen-b, lines sixty-
one through one hundred twelve, by striking out all of subsection
(f) and inserting in lieu thereof a new subsection (f), to read as
follows:
(f) Dedication of tax to highways. -- All tax collected under
the provisions of this section, after deducting the amount of any
refunds lawfully paid, shall be deposited in the Road Fund in the
State Treasurer's office and used only for the purpose of
construction, reconstruction, maintenance and repair of highways
and payment of principal and interest on state bonds issued for
highway purposes: Provided, That notwithstanding any provision to
the contrary, any tax collected on the sale of aviation fuel after
deducting the amount of any refunds lawfully paid shall be
deposited in the State Treasurer's office and transferred to the
State Aeronautical Commission to be used for the purpose of
matching federal funds available for the reconstruction,
maintenance and repair of public airports and airport runways.;
On page eight, section eighteen-b, after line one hundred
twenty-one, by adding the following:
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-43a. Dedication of tax proceeds to railways.
(a) Beginning the first day of January, two thousand eight,
there is hereby dedicated an annual amount of up to four million three hundred thousand dollars from annual collections of the tax
imposed by this article for the purpose of construction,
reconstruction, maintenance and repair of railways, the
construction of railway related structures and payment of principal
and interest on state bonds issued for railway purposes, as
approved by the West Virginia public port authority.
(b) For purposes of administering the deposits required by
this subdivision, after the thirty-first day of December, two
thousand seven, from the taxes imposed by this section and paid to
the tax commissioner in each quarter of the year, after deducting
the amount of any refunds lawfully paid and any administrative
costs authorized by this code, the tax commissioner shall pay into
the Special Railroad and Intermodal Enhancement Fund provided for
in section seven-a, article sixteen-b, chapter seventeen of this
code an amount equal to at least one million seventy-five thousand
dollars. In any quarter where the collections are less than the
amount required to be paid into the Special Railroad and Intermodal
Enhancement Fund, or where the total amount paid in any year will
be less than four million three hundred thousand dollars, the
difference shall be paid from amounts available from collections in
succeeding quarters until paid in full. Notwithstanding any
provision of this section to the contrary, the total amount to be
deposited into the Special Railroad and Intermodal Enhancement Fund
for the year two thousand sixteen shall not exceed two million one hundred fifty thousand dollars.
(c) Notwithstanding any provision of this section to the
contrary, all provisions of this section relating to requiring the
deposit of moneys in the Special Railroad and Intermodal
Enhancement Fund shall expire at the end of the thirtieth day of
June, two thousand sixteen.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 16B. PUBLIC PORT AUTHORITY.
§17-16B-7a. Special Railroad and Intermodal Enhancement Fund;
purposes.
There is hereby established in the State Treasury a Special
Railroad and Intermodal Enhancement Fund, which shall consist of
all amounts deposited into the fund pursuant to section forty-
three-a, article twenty-four, chapter eleven of this code. The
Special Railroad and Intermodal Enhancement Fund shall be
administered by the West Virginia public port authority. The money
deposited in the fund shall be used only for the purpose of
construction, reconstruction, maintenance and repair of railways,
the construction of railway related structures and payment of
principal and interest on state bonds issued for railway purposes,
as approved by the West Virginia public port authority.
§17-16B-7b. Study of feasibility intermodal facility at Prichard,
West Virginia.
The West Virginia public port authority shall conduct a study relating to the feasibility of the planning, development,
construction and operation of the intermodal facility at Prichard,
West Virginia, to determine whether the same is sustainable.;
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §11-15-18b of the Code of West Virginia, 1931, as
amended, be amended and reenacted; that said code be further
amended by adding thereto a new section, designated §11-24-43a; and
that said code be further amended by adding thereto two new
sections, designated §17-16B-7a and §17-16B-7b, all to read as
follows:;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 569--A Bill to amend and
reenact §11-15-18b of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated §11-
24-43a; and to amend said code by adding thereto two new sections,
designated §17-16B-7a and §17-16B-7b, all relating to dedicating up
to four million three hundred thousand dollars from annual
collections of the corporation net income tax for construction,
reconstruction, maintenance and repair of railways, the
construction of railway related structures and payment of principal
and interest on state bonds issued for railway purposes, as approved by the West Virginia public port authority; creating the
special railroad and intermodal enhancement fund into which those
funds are deposited and from which expenditures are made under the
administration of the West Virginia public port authority;
providing administrative procedures for the state tax
commissioner's deposit of those funds; providing an expiration date
for the deposit of those funds; and directing a study relating to
the feasibility of the planning, development, construction and
operation of the intermodal facility at Prichard, West Virginia.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 569, as
amended by the House of Delegates, was then put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 569 pass?"
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,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 569) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Thereafter, at the request of Senator Jenkins, and by
unanimous consent, the remarks by Senator Plymale regarding the
passage of Engrossed Committee Substitute for Senate Bill No. 569
were ordered printed in the Appendix to the Journal.
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. 573, Creating programs to monitor
physicians, podiatrists and physician assistants who are recovering
substance abusers.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On pages ten through fifteen, by striking out section twelve
in its entirety and inserting in lieu thereof the following:
§30-3-12. Biennial renewal of license to practice medicine and surgery or podiatry; continuing education; rules; fee;
inactive license.
(a) A license to practice medicine and surgery or podiatry in
this state is valid for a term of two years. and
(b) The license shall be renewed:
(1) Upon a receipt of a reasonable fee, as set by the board;
(2) Submission of an application on forms provided by the
board; and beginning with the biennial renewal application forms
completed by licensees and submitted to the board in one thousand
nine hundred ninety-three,
(3) A certification in accordance with rules and regulations
promulgated by the board in accordance with chapter twenty-nine-a
of this code of participation in and successful completion of a
minimum of fifty hours of continuing medical or podiatric education
satisfactory to the board, as appropriate to the particular
license, during the preceding two-year period.
(c) The application may not require disclosure of a voluntary
agreement entered into pursuant to subsection (h), section nine of
this article.
(d) Continuing medical education satisfactory to the board is
continuing medical education designated as Category I by the
American Medical Association or the Academy of Family Physicians
and alternate categories approved by the board.
(e) Continuing podiatric education satisfactory to the board is continuing podiatric education approved by the Council on
Podiatric Education and alternate categories approved by the board.
In addition, the Legislature hereby finds and declares that it
is in the public interest to encourage alternate categories of
continuing education satisfactory to the board for physicians and
podiatrists. In order to provide adequate notice of the same to
physicians and podiatrists, no later than the first day of June,
one thousand nine hundred ninety-one, the board shall file rules
under the provisions of section fifteen, article three, chapter
twenty-nine-a of this code, delineating any alternate categories of
continuing medical or podiatric education which may be considered
satisfactory to the board and any procedures for board approval of
such continuing education.
(f) Notwithstanding any provision of this chapter to the
contrary, beginning the first day of July, two thousand seven,
failure to timely submit to the board a certification in accordance
with rules promulgated by the board in accordance with chapter
twenty-nine-a of this code of successful completion of a minimum of
fifty hours of continuing medical or podiatric education
satisfactory to the board, as appropriate to the particular
license, shall beginning the first day of July, one thousand nine
hundred ninety-three result in the automatic suspension expiration
of any license to practice medicine and surgery or podiatry until
such time as the certification, in accordance with rules promulgated by the board in accordance with chapter twenty-nine-a
of this code, with all supporting written documentation, is
submitted to and approved by the board.
(g) If a license is automatically expired and reinstatement is
sought within one year of the automatic expiration, the former
licensee shall:
(1) Provide certification with supporting written
documentation of the successful completion of the required
continuing education;
(2) Pay a renewal fee; and
(3) Pay a reinstatement fee equal to fifty percent of the
renewal fee.
(h) If a license is automatically expired and more than one
year has passed since the automatic expiration, the former licensee
shall:
(1) Apply for a new license;
(2) Provide certification with supporting written
documentation of the successful completion of the required
continuing education; and
(3) Pay such fees as determined by the board.
(i) Any individual who accepts the privilege of practicing
medicine and surgery or podiatry in this state is required to
provide supporting written documentation of the continuing
education represented as received within thirty days of receipt of a written request to do so by the board. If a licensee fails or
refuses to provide supporting written documentation of the
continuing education represented as received as required in this
section, such failure or refusal to provide supporting written
documentation is prima facie evidence of renewing a license to
practice medicine and surgery or podiatry by fraudulent
misrepresentation.
(b) (j) The board may renew, on an inactive basis, the license
of a physician or podiatrist who is currently licensed to practice
medicine and surgery or podiatry in, but is not actually
practicing, medicine and surgery or podiatry in this state. A
physician or podiatrist holding an inactive license shall not
practice medicine and surgery or podiatry in this state.
(k) His or her An inactive license may be converted by the
board to an active one license upon a written request by the
licensee to the board that:
(1) Accounts for his or her period of inactivity to the
satisfaction of the board; Provided, That beginning on the first
day of July, one thousand nine hundred ninety-three, such licensee
and
(2) Submits written documentation of participation in and
successful completion of a minimum of fifty hours of continuing
medical or podiatric education satisfactory to the board, as
appropriate to the particular license, during each preceding two-year period.
(l) An inactive license may be obtained upon receipt of a
reasonable fee, as set by the board, and submission of an
application on forms provided by the board on a biennial basis.
(c) (m) The board shall may not require any physician or
podiatrist who is retired or retiring from the active practice of
medicine and surgery or the practice of podiatry and who is
voluntarily surrendering their license, to return to the board the
license certificate issued to them by the board.
§30-3-16. Physician assistants; definitions; Board of Medicine
rules; annual report; licensure; temporary license;
relicensure; job description required; revocation or
suspension of licensure; responsibilities of supervising
physician; legal responsibility for physician assistants;
reporting by health care facilities; identification;
limitations on employment and duties; fees; continuing
education; unlawful representation of physician assistant as
a physician; criminal penalties.
(a) As used in this section:
(4) (1) "Approved program" means an educational program for
physician assistants approved and accredited by the committee on
allied health education and accreditation on behalf of the American
Medical Association or its successor; and
(5) (2) "Health care facility" means any licensed hospital, nursing home, extended care facility, state health or mental
institution, clinic or physician's office;
(1) (3) "Physician assistant" means an assistant to a
physician who is a graduate of an approved program of instruction
in primary health care or surgery, has attained a baccalaureate or
master's degree, has passed the national certification examination
and is qualified to perform direct patient care services under the
supervision of a physician;
(2) (4) "Physician assistant-midwife" means a physician
assistant who meets all qualifications set forth under subdivision
(1) (3) of this subsection and fulfills the requirements set forth
in subsection (d) of this section, is subject to all provisions of
this section, and assists in the management and care of a woman and
her infant during the prenatal, delivery and postnatal periods; and
(3) (5) "Supervising physician" means a doctor or doctors of
medicine or podiatry permanently licensed in this state who assume
legal and supervisory responsibility for the work or training of
any physician assistant under his or her supervision.
(b) The board shall promulgate rules pursuant to the
provisions of article three, chapter twenty-nine-a of this code
governing the extent to which physician assistants may function in
this state. The rules shall provide that the physician assistant
Is limited to the performance of those services for which he or she
is trained and that he or she performs only under the supervision and control of a physician permanently licensed in this state, but
that supervision and control does not require the personal presence
of the supervising physician at the place or places where services
are rendered if the physician assistant's normal place of
employment is on the premises of the supervising physician. The
supervising physician may send the physician assistant off the
premises to perform duties under his or her direction, but a
separate place of work for the physician assistant may not be
established. In promulgating the rules, the board shall allow the
physician assistant to perform those procedures and examinations
and in the case of certain authorized physician assistants to
prescribe at the direction of his or her supervising physician in
accordance with subsection (l) (n) of this section those categories
of drugs submitted to it in the job description required by this
section. Certain authorized physician assistants may pronounce
death in accordance with the rules proposed by the board which
receive legislative approval. The board shall compile and publish
an annual report that includes a list of currently licensed
physician assistants and their employers and location in the state.
(c) The board shall license as a physician assistant any
person who files an application together with a proposed job
description and furnishes satisfactory evidence to it that he or
she has met the following standards:
(1) He or she Is a graduate of an approved program of instruction in primary health care or surgery;
(2) He or she Has passed the certifying examination for a
primary care physician assistant administered by the national
commission on certification of physician assistants and has
maintained certification by that commission so as to be currently
certified;
(3) He or she Is of good moral character; and
(4) He or she Has attained a baccalaureate or master's degree.
(d) The board shall license as a physician assistant-midwife
any person who meets the standards set forth under subsection (d)
of this section and, in addition thereto, the following standards:
(1) He or she Is a graduate of a school of midwifery
accredited by the American college of nurse-midwives;
(2) He or she Has passed an examination approved by the board;
and
(3) He or she Practices midwifery under the supervision of a
board-certified obstetrician, gynecologist or a board-certified
family practice physician who routinely practices obstetrics.
(e) The board may license as a physician assistant any person
who files an application together with a proposed job description
and furnishes satisfactory evidence that he or she is of good moral
character and meets either of the following standards:
(1) He or she is a graduate of an approved program of
instruction in primary health care or surgery prior to the first day of July, one thousand nine hundred ninety-four, and has passed
the certifying examination for a physician assistant administered
by the national commission on certification of physician assistants
and has maintained certification by that commission so as to be
currently certified; or
(2) He or she had been certified by the board as a physician
assistant then classified as "Type B", prior to the first day of
July, one thousand nine hundred eighty-three.
(f) Licensure of an assistant to a physician practicing the
specialty of ophthalmology is permitted under this section:
Provided, That a physician assistant may not dispense a
prescription for a refraction.
(f) (g) When any graduate of an approved program submits an
application to the board for a physician assistant license,
accompanied by a job description as referenced by this section, the
board shall issue to that applicant a temporary license allowing
that applicant to function as a physician assistant until the
applicant successfully passes the national commission on
certification of physician assistants' certifying examination:
Provided, That the applicant shall sit for and obtain a passing
score on the examination next offered following graduation from the
approved program. No applicant shall receive a temporary license
who, following graduation from an approved program, has sat for and
not obtained a passing score on the examination. A physician assistant who has not been certified by the National Board of
Medical Examiners on behalf of the national commission on
certification of physician assistants will be restricted to work
under the direct supervision of the supervising physician.
(h) A physician assistant who has been issued a temporary
license shall, within thirty days of receipt of written notice from
the national commission on certification of physician assistants of
his or her performance on the certifying examination, notify the
board in writing of his or her results. In the event of failure of
that examination, the temporary license shall expire and terminate
automatically and the board shall so notify the physician assistant
in writing.
(g) (i) Any physician applying to the board to supervise a
physician assistant shall affirm that the range of medical services
set forth in the physician assistant's job description are
consistent with the skills and training of the supervising
physician and the physician assistant. Before a physician
assistant can be employed or otherwise use his or her skills, the
supervising physician and the physician assistant must obtain
approval of the job description from the board. The board may
revoke or suspend any license of an assistant to a physician for
cause, after giving that assistant an opportunity to be heard in
the manner provided by article five, chapter twenty-nine-a of this
code and as set forth in rules duly adopted by the board.
(h) (j) The supervising physician is responsible for
observing, directing and evaluating the work, records and practices
of each physician assistant performing under his or her
supervision. He or she shall notify the board in writing of any
termination of his or her supervisory relationship with a physician
assistant within ten days of the termination. The legal
responsibility for any physician assistant remains with the
supervising physician at all times, including occasions when the
assistant under his or her direction and supervision, aids in the
care and treatment of a patient in a health care facility. In his
or her absence, a supervising physician must designate an alternate
supervising physician, however, the legal responsibility remains
with the supervising physician at all times. A health care
facility is not legally responsible for the actions or omissions of
the physician assistant unless the physician assistant is an
employee of the facility.
(i) (k) The acts or omissions of a physician assistant
employed by health care facilities providing inpatient or
outpatient services shall be the legal responsibility of the
facilities. Physician assistants employed by facilities in staff
positions shall be supervised by a permanently licensed physician.
(j) (l) A health care facility shall report in writing to the
board within sixty days after the completion of the facility's
formal disciplinary procedure, and also after the commencement, and again after the conclusion, of any resulting legal action, the name
of any physician assistant practicing in the facility whose
privileges at the facility have been revoked, restricted, reduced
or terminated for any cause including resignation, together with
all pertinent information relating to the action. The health care
facility shall also report any other formal disciplinary action
taken against any physician assistant by the facility relating to
professional ethics, medical incompetence, medical malpractice,
moral turpitude or drug or alcohol abuse. Temporary suspension for
failure to maintain records on a timely basis or failure to attend
staff or section meetings need not be reported.
(k) (m) When functioning as a physician assistant, the
physician assistant shall wear a name tag that identifies him or
her as a physician assistant. A two and one-half by three and one-
half inch card of identification shall be furnished by the board
upon licensure of the physician assistant.
(l) (n) A physician assistant may write or sign prescriptions
or transmit prescriptions by word of mouth, telephone or other
means of communication at the direction of his or her supervising
physician. The board shall promulgate rules pursuant to the
provisions of article three, chapter twenty-nine-a of this code
governing the eligibility and extent to which a physician assistant
may prescribe at the direction of the supervising physician. The
rules shall include, but not be limited to, the following:
(1) Provisions for approving a state formulary classifying
pharmacologic categories of drugs that may be prescribed by a
physician assistant:
(A) The following categories of drugs shall be excluded from
the formulary: Schedules I and II of the uniform controlled
substances act, anticoagulants, antineoplastic,
radiopharmaceuticals, general anesthetics and radiographic contrast
materials;
(B) Drugs listed under Schedule III shall be limited to a 72-
hour supply without refill; and
(C) Categories of other drugs may be excluded as determined by
the board;
(2) All pharmacological categories of drugs to be prescribed
by a physician assistant shall be listed in each job description
submitted to the board as required in subsection (g) (i) of this
section;
(3) The maximum dosage a physician assistant may prescribe;
(4) A requirement that to be eligible for prescription
privileges, a physician assistant shall have performed patient care
services for a minimum of two years immediately preceding the
submission to the board of the job description containing
prescription privileges and shall have successfully completed an
accredited course of instruction in clinical pharmacology approved
by the board; and
(5) A requirement that to maintain prescription privileges, a
physician assistant shall continue to maintain national
certification as a physician assistant, and in meeting the national
certification requirements shall complete a minimum of ten hours of
continuing education in rational drug therapy in each certification
period. Nothing in this subsection shall be construed to permit a
physician assistant to independently prescribe or dispense drugs.
(m) (o) A supervising physician may not supervise at any one
time more than three full-time physician assistants or their
equivalent, except that a physician may supervise up to four
hospital-employed physician assistants. No physician shall
supervise more than four physician assistants at any one time.
(p) A physician assistant may not sign any prescription,
except in the case of an authorized physician assistant at the
direction of his or her supervising physician in accordance with
the provisions of subsection (l) (n) of this section. A physician
assistant may not perform any service that his or her supervising
physician is not qualified to perform. A physician assistant may
not perform any service that is not included in his or her job
description and approved by the board as provided for in this
section.
(q) The provisions of this section do not authorize any
physician assistant to perform any specific function or duty
delegated by this code to those persons licensed as chiropractors, dentists, dental hygienists, optometrists or pharmacists or
certified as nurse anesthetists.
(n) (r) Each application for licensure submitted by a licensed
supervising physician under this section is to be accompanied by a
fee of one hundred dollars. A fee of fifty dollars is to be
charged for the biennial renewal of the license. A fee of twenty-
five dollars is to be charged for any change of supervising
physician.
(o) Beginning with the biennial renewal forms completed by
physician assistants and submitted to the board in the year one
thousand nine hundred ninety-three,
(s) As a condition of renewal of physician assistant license,
each physician assistant shall provide written documentation
pursuant to rules promulgated by the board in accordance with
chapter twenty-nine-a of this code of participation in and
successful completion during the preceding two-year period of
continuing education, in the number of hours specified by the board
by rule, designated as Category I by the American Medical
Association, American Academy of Physician Assistants or the
Academy of Family Physicians, and continuing education, in the
number of hours specified by the board by rule, designated as
Category II by the association or either academy.
(t) Notwithstanding any provision of this chapter to the
contrary, beginning the first day of July, two thousand seven, failure to timely submit the required written documentation shall
result in the automatic suspension expiration of any license as a
physician assistant until the written documentation is submitted to
and approved by the board.
(u) If a license is automatically expired and reinstatement is
sought within one year of the automatic expiration, the former
licensee shall:
(1) Provide certification with supporting written
documentation of the successful completion of the required
continuing education;
(2) Pay a renewal fee; and
(3) Pay a reinstatement fee equal to fifty percent of the
renewal fee.
(v) If a license is automatically expired and more than one
year has passed since the automatic expiration, the former licensee
shall:
(1) Apply for a new license;
(2) Provide certification with supporting written
documentation of the successful completion of the required
continuing education; and
(3) Pay such fees as determined by the board.
(p) (w) It is unlawful for any physician assistant to
represent to any person that he or she is a physician, surgeon or
podiatrist. Any person who violates the provisions of this subsection is guilty of a felony and, upon conviction thereof,
shall be imprisoned in the penitentiary for not less than one nor
more than two years, or be fined not more than two thousand
dollars, or both fined and imprisoned.
(q) (x) All physician assistants holding valid certificates
issued by the board prior to the first day of July, one thousand
nine hundred ninety-two, shall be considered to be licensed under
this section.;
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §30-3-9, §30-3-12 and §30-3-16 of the Code of West
Virginia, 1931, as amended be amended and reenacted; that said code
be amended by adding thereto a new article, designated §30-3D-1,
§30-3D-2 and §30-3D-3, and that said code be amended by adding
thereto a new section, designated §30-14-11a, all to read as
follows:;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 573--A Bill to amend and reenact §30-3-9,
§30-3-12 and §30-3-16 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new article,
designated §30-3D-1, §30-3D-2 and §30-3D-3; and to amend said code
by adding thereto a new section, designated §30-14-11a, all relating to authorizing the West Virginia Board of Medicine and the
West Virginia Board of Osteopathy; designating programs in which
physicians, podiatrists and physician assistants may be monitored
while they pursue treatment and recovery for alcohol abuse,
chemical dependency or major mental illness; enrolling on a
voluntary basis without being subject to disciplinary action if the
person complies with the goals and restrictions of the program; and
requiring licenses for physicians, podiatrists and physician
assistants to expire rather than being suspended if required
continuing education is not documented.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 573, 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,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 573) 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, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 588, Removing tax expiration date on
manufacturing or production of synthetic fuel from coal.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page five, section two-f, line sixty, by striking out the
words "for at least one hundred eighty days";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 588--A Bill to amend and reenact §11-13-
2f of the Code of West Virginia, 1931, as amended, relating to the
taxation of synthetic fuel; removing the expiration date of the tax
on manufacturing or production of synthetic fuel from coal which is
scheduled to expire on the thirtieth day of June, two thousand seven; and amending the definition of synthetic fuel-producing
county.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 588, 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,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 588) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 588) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Senate Bill No. 615, Authorizing certain municipalities
to enter into contracts for electric power purchase.
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:
ARTICLE 19. MUNICIPAL AND COUNTY WATERWORKS AND ELECTRIC POWER
SYSTEMS.
§8-19-2. Contracts for purchase of electric power or energy by a
municipality; definitions; requirements; payments; rates and
charges.
(a) For the purposes of this section:
(1) "Contract" means an agreement entered into by a
municipality with any other party for the purchase of electric
output, capacity or energy from a project as defined herein.
(2) "Any other party" means any other legal entity, including,
but not limited to, another municipality, political subdivision,
public authority, agency or instrumentality of any state or the
United States, a partnership, a limited partnership, a limited
liability company, a corporation, an electric cooperative or an
investor owned utility existing under the laws of any state; and
(3) "Project" or "projects" means systems or facilities owned
by another party and used for the generation, transmission,
transformation or supply of electric power, or any interest in
them, whether an undivided interest as a tenant in common or
otherwise, or any right to the output, capacity or services
thereof.
(b) In addition to the general authority to purchase
electricity on a wholesale basis for resale to its customers, any
municipality that owns and operates an electric power system under
the provisions of this article may enter into a contract with any
other party for the purchase of electricity from one or more
projects located in the United States that provide that the
contracting municipality is obligated to make payments required by
the contract whether or not a project is completed, operable or operating, and notwithstanding the suspension, interruption,
interference, reduction or curtailment of the output of a project
or the power and energy contracted for, and that the payments shall
not be subject to any reduction, whether by offset or otherwise,
and shall not be conditioned upon performance or nonperformance by
any other party. The contract may provide that, in the event of a
default by the municipality or any other party to the contract in
the performance of each entities' obligations under the contract,
any non defaulting municipality or any other party to the contract
shall on a pro rata basis succeed to the rights and interests of,
and assume the obligations of, the defaulting party.
(c) Notwithstanding any other provisions of law, ordinance or
charter provision to the contrary, a contract under subsection (b)
of this section may extend for more than fifty years or fifty years
from the date a project is estimated to be placed into normal
continuous operation, and the execution and effectiveness of the
contract is not subject to any authorizations or approvals by the
state or any agency, commission, instrumentality or political
subdivision thereof except as otherwise specifically required by
law.
(d) A contract under subsection (b) of this section may
provide that payments by the municipality are made solely from and
may be secured by a pledge of and lien upon revenues derived by the
municipality from ownership and operation, and that payments shall constitute an operating expense of the electric power system. No
obligation under the contract shall constitute a legal or equitable
pledge, charge, lien or encumbrance upon any property of the
municipality or upon any of its income, receipts or revenues,
except the revenues of the municipality's electric power system.
Neither the faith and credit nor the taxing power of the
municipality shall be pledged for the payment of any obligation
under the contract.
(e) A municipality contracting under the provisions of
subsection (b) of this section is obligated to fix, charge and
collect rents, rates, fees and charges for electric power and
energy and other services it sells, furnishes or supplies through
its electric power system in an amount sufficient to provide
revenues adequate to meet its obligations under the contract and to
pay any and all other amounts payable from or constituting a charge
and lien upon the revenues, including the amounts necessary to pay
the principal and interest on any municipal bonds issued related to
its electric power system: Provided, That any change in the rates
and charges of the municipality to the customers of the electric
power system under the provisions of this section are subject to
the provisions and requirements of section four-b, article two,
chapter twenty-four of this code and the obligations of the
municipality under the contract are costs of providing electric
service within the meaning of that section.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 615, 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,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 615) 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. 708, Modifying registration requirements
of charities.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Com. Sub. for Senate Concurrent Resolution No. 20, Requesting Division of Highways name section of U. S. Route 60 in Kanawha
County from Campbells Creek Road to Warrior Way "Adam Johnson
Crumpler Memorial Midland Trail".
A message from The Clerk of the House of Delegates announced
that that body had agreed to the changed effective date to take
effect from passage, of
Eng. House Bill No. 2349, Continuing the Board of Registration
for Sanitarians.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the changed effective date to take
effect from passage, of
Eng. House Bill No. 2574, Continuing the Board of Social Work
Examiners.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect from passage, of
Eng. House Bill No. 2586, Continuing the Board of Veterinary
Medicine.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect from passage, of
Eng. House Bill No. 2587, Continuing the Board of Optometry.
A message from The Clerk of the House of Delegates announced
the adoption by that body of the committee of conference report, passage as amended by the conference report, and requested the
concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill No. 2718, Authorizing West
Virginia Lottery Table Games at State Racetracks.
Whereupon, Senator Kessler, from the committee of conference
on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 2718, Authorizing West
Virginia Lottery Table Games at State Racetracks.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendments of the Senate to Engrossed
Committee Substitute for House Bill No. 2718 having met, after full
and free conference, have agreed to recommend and do recommend to
their respective houses, as follows:
That the House agree to the Senate amendment striking out
everything following the enacting section and inserting their
provisions, except as to page thirty-one, section eight, line
twenty-six, and that the Senate agree to House language at that
page, section and line, restoring the House language "section
twenty-three".
Respectfully Submitted,
Alex J. Shook, Randy Swartzmiller, Robert A. Schadler,
Conferees on the part of the House of Delegates.
Jeffrey V. Kessler, Edwin J. Bowman, Andy McKenzie, Conferees on the part of the Senate.
Senator Kessler, Senate cochair of the committee of
conference, was recognized to explain the report.
Thereafter, on motion of Senator Kessler, the report was taken
up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 2718, as
amended by the conference report, was then put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
House Bill No. 2718 pass?"
On the passage of the bill, as amended, the yeas were:
Bailey, Bowman, Chafin, Edgell, Facemyer, Fanning, Foster, Green,
Hunter, Kessler, Love, McCabe, McKenzie, Minard, Sharpe, Stollings,
Sypolt, Wells, White, Yoder and Tomblin (Mr. President)--21.
The nays were: Barnes, Boley, Caruth, Deem, Guills, Hall,
Helmick, Jenkins, Oliverio, Plymale, Prezioso, Sprouse and
Unger--13.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2718) passed with its Senate amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senator Caruth regarding the passage of
Engrossed Committee Substitute for House Bill No. 2718 were ordered
printed in the Appendix to the Journal.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 2741, Relating to worthless
checks.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 2748, Relating to the
receipt and transfer of scrap metal.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 2776, Relating to the West
Virginia Residential Mortgage Lender, Broker and Servicer Act.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, of
Eng. House Bill No. 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.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect from passage, of
Eng. House Bill No. 3117, Clarifying that contractors must
have a state contractors license in order to submit a bid with the
State of West Virginia.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 34--Urging the West Virginia
Congressional Delegation to support legislation calling for federal
approval of extension of the Lewis and Clark National Historic
Trail.
Whereas, The Lewis and Clark Journey began in the mind of
President Thomas Jefferson; and
Whereas, The Lewis and Clark Expedition is about President
Thomas Jefferson's dream, the planning and preparation required for
an early 19th-century military expedition, and then finally about
the journey itself; and
Whereas, The journey was led by Meriwether Lewis and William
Clark, who were assisted by a variety of Americans, including the
country's native peoples; and
Whereas, The Lewis and Clark Trail Heritage Foundation supports recognition of a continuous trail across the country on
the National Park Service's official trail map and the right to
post the official trail signs - Two Captains Pointing the Way -
which are posted throughout the West; and
Whereas, Lewis undertook his first act as commander of the
"Corps of Discovery" by requisitioning rifles manufactured at
Harpers Ferry, West Virginia, from the federal armory in that town;
and
Whereas, Patrick Gass of Wellsburg, West Virginia, at 21 years
of age joined the army fighting the Indians and served at Bennett's
Fort in Wheeling. He was the first sergeant of the Corps of
Discovery and the member who outlived all others. Upon his return
from the expedition, he published the journal he kept of the trip.
The Gass edition of the Lewis and Clark Journals enjoyed several
printings within the United States as well as translations into
German and French, and printings in England; and
Whereas, The extension of the Lewis and Clark National
Historic Trail from coast to coast would complete the story and
expose a broader base of Americans to the educational and cultural
aspects of the expedition; and
Whereas, The Lewis and Clark Trail Heritage Foundation
partners with the National Park Service, the Bureau of Land
Management and the Forest Service in caring for the Lewis and Clark
National Historic Trail and also supports scholarships, educational efforts, and research on the expedition; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature hereby urges the West
Virginia Congressional Delegation to support legislation calling
for federal approval of extension of the Lewis and Clark National
Historic Trail to the East to include additional sites, including
Harpers Ferry, West Virginia, associated with the preparation or
return phase of the expedition; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to each member of the
West Virginia Congressional Delegation.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 57--Requesting the Joint
Committee on Government and Finance to conduct a study on the need
to eliminate mercury and mercury preservatives (thimerosal) in
vaccines.
Whereas, Current state law does not prohibit the use of
mercury, mercury preservatives or other mercury compounds in
vaccines; and
Whereas, Several studies have indicated that vaccines
containing mercury, mercury preservatives or other mercury compounds pose various health risks when administered to young
children and pregnant women; and
Whereas, Further study and reform is therefore needed to
determine whether the presence of mercury, mercury preservatives or
other mercury compounds should be eliminated from childhood
vaccines; and
Whereas, Discourse between representatives of local
governments, the Department of Health and Human Services, vaccine
manufacturers, public health advocates, and other concerned parties
would greatly advance the process of formulating a solution to this
potential health risk; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the presence of mercury or thimersasol in
vaccines and the health risks associated with the presence of
mercury and mercury preservatives such as thimerasol; 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.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 61--Requesting the Division of
Highways to name the bridge located in Mingo County, West Virginia,
near the Belo Church that connects Route 65 to Corridor G, the
"Harvey E. Horn, Memorial Bridge".
Whereas, Harvey E. Horn was born on July 28, 1911, the son of
Wallace and Arminda Horn; and
Whereas, Harvey E. Horn entered the United States Army and
rose to the rank of Sergeant; and
Whereas, Sergeant Harvey E. Horn fought bravely and with
heroism during one of the most intense battles of Foggia-Naples
Italy Campaign of World War II; and
Whereas, On August 25, 1944, Sergeant Harvey E. Horn's platoon
was being overrun by superior numbers of German troops; and
Whereas, Orders were issued to abandon the position and
withdraw; and
Whereas, The withdrawal could not be undertaken without
risking the loss of wounded soldiers; and
Whereas, In order to allow time for the platoon to recover and remove the wounded from the battle front, Sergeant Harvey E. Horn
voluntarily remained behind and manned the machine gun and
successfully delayed the enemy forces until the platoon was safely
withdrawn; and
Whereas, During this action, Sergeant Harvey E. Horn received
fatal wounds; and
Whereas, For his bravery and heroic service to this country,
Sergeant Harvey E. Horn was posthumously honored and decorated; and
Whereas, Sergeant Harvey E. Horn's body was not recovered
until five years after the battle that ended his life and leaving
behind his wife, Ida Newsome Horn; and
Whereas, The ultimate sacrifice of this brave and courageous
son of Mingo County, West Virginia, requires us to honor Sergeant
Harvey E. Horn by ensuring that future generations are aware of his
sacrifice in the cause of freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge located in Mingo County, West Virginia, that
connects Route 65 to Corridor G, near the Belo Church, the "Harvey
E. Horn, Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and placed on the bridge signs identifying
the bridge as the "Harvey E. Horn, Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of
Transportation, the Commissioner of the Division of Highways and
the family of Sergeant Harvey E. Horn.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 66--Requesting the Joint
Committee on Government and Finance study the cost efficiency and
effectiveness of employers, self insured for purposes of workers'
compensation coverage, who self administer claims.
Whereas, Large employers who are self employed for purposes of
workers' compensation coverage additionally self administer claims;
and
Whereas, There is concern among some policy makers and
government officials, that the self administration of claims by
some self-insured employers may be affected by disincentives to
provide coverage due purely to cost considerations and,
consequently, that some legitimately injured employees may be
denied coverage; and
Whereas, When employees who have clearly legitimate claims are
denied coverage by self-insured employees as a result of cost
considerations, an ensuing adversity is incurred by the claimant, and in some cases to the self-insured employer as well; and
Whereas, When self-administered employers deny coverage as a
matter of due course, legitimate claimants are either forced to
bear the financial burden related to their work-related injuries or
otherwise abandon any hope of medical treatment; otherwise, the
only alternative for the injured worker is to engage in costly
litigation, which increases monetary costs to the state as well as
attendant social costs to all involved; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the cost efficiency and effectiveness of
employers, self insured for purposes of workers' compensation
coverage, who self administer claims; 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.
Referred to the Committee on the Judiciary; and then to the
Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 8th day of March, 2007, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 96), Authorizing fire
department-owned apparatuses use yellow flashing lights.
(Com. Sub. for S. B. No. 148), Providing breast feeding not
considered public indecency.
(Com. Sub. for S. B. No. 169), Requiring insurance companies
obtain title to certain totaled vehicles.
(S. B. No. 171), Continuing Board of Accountancy.
(S. B. No. 172), Continuing Board of Respiratory Care
Practitioners.
(S. B. No. 186), Continuing Board of Embalmers and Funeral
Directors.
(S. B. No. 190), Continuing Board of Examiners of
Psychologists.
(S. B. No. 376), Assessing fee for processing scientific
collecting permits.
(S. B. No. 412), Providing penalties for hand held cell phone violations by minor while driving.
(H. B. No. 2908), Removing an outdated reference to the
assessed value of livestock used to determine the value of
livestock killed by a bear.
And,
(H. B. No. 3090), Transferring the Weston State Hospital
Institutional Farm to the Department of Health and Human Resources.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
The Senate proceeded to the sixth order of business.
Senators Bailey, Green, Plymale and Edgell offered the
following resolution:
Senate Concurrent Resolution No. 73--Requesting the Division
of Highways name the bridge crossing Beaver Creek on Interstate 64
in Raleigh County the "Major Jeff L. Davis Memorial Bridge".
Whereas, Jeff L. Davis was born December 13, 1946, in Fayette
County; and
Whereas, Jeff L. Davis served his nation as member of the
United States Army from July 2, 1964, through April 10, 1967. He
was stationed at Fort Bragg, North Carolina, Fort Jackson, South
Carolina, the Dominican Republic and Vietnam and was honorably discharged at the rank of Sergeant; and
Whereas, Jeff L. Davis was a member of the 18th Cadet Class of
the West Virginia State Police Academy and graduated in May, 1968;
and
Whereas, Jeff L. Davis received a Bachelor of Arts in Criminal
Justice from West Virginia State College in 1979; and
Whereas, Jeff L. Davis retired at the rank of Major from the
West Virginia State Police in August, 1994, after serving 26 years
and three months; and
Whereas, Sadly, while serving in the position of Deputy
Director of the Public Service Commission's Transportation
Division, the career of Jeff L. Davis was cut short by his death on
January 9, 2006; and
Whereas, Jeff L. Davis is survived by his wife Peggy Ann
Davis, sons Jeff and Jeffrey and grandson Cass; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge crossing Beaver Creek on Interstate 64 in Raleigh
County the "Major Jeff L. Davis Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Major Jeff L. Davis Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Jeff L. Davis.
Which, under the rules, lies over one day.
Senators Prezioso, Stollings, Plymale, Edgell and Foster
offered the following resolution:
Senate Concurrent Resolution No. 74--Requesting the
Legislative Oversight Committee on Health and Human Resources
Accountability study the state of governance of not-for-profit
health care organizations.
Whereas, Effective boards of directors govern effective health
care organizations that deliver high quality health care services;
and
Whereas, Communities benefit from effective health care
organizations through improved use of scarce resources in ways that
best address residents' health needs; and
Whereas, West Virginia and its citizens would directly benefit
from effectively and efficiently governed health care
organizations; and
Whereas, Directors of not-for-profit health care organizations
have the fiduciary responsibilities of care and loyalty to the
organizations they serve; and
Whereas, Well-governed health care organizations demonstrate
improved accountability for use of taxpayers' funds; and
Whereas, Directors of not-for-profit health care organizations
must ensure that government funds are wisely invested and prudently spent to further the health care organizations' missions without
conflicts of interest; and
Whereas, Governance standards of performance have been
developed by other organizations, but they are not specific to
health care organizations; and
Whereas, The West Virginia Legislature needs to study the
applicability of such general standards to health care
organizations; and
Whereas, The development of governance performance standards
applicable to health care organizations could provide specific and
relevant objectives which could serve as a foundation for state
government to consider providing incentives for voluntary
compliance with the standards; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislative Oversight Committee on Health and Human
Resources Accountability is hereby requested to study the state of
governance of not-for-profit health care organizations; and, be it
Further Resolved, That the study should address the quality of
governance of not-for-profit health care organizations in West
Virginia, applicability of governance standards developed by other
organizations to health care organizations and development of
incentives to encourage voluntary compliance with governance
performance standards applicable to health care organizations in
West Virginia; and, be it
Further Resolved, That the Legislative Oversight Committee on
Health and Human Resources Accountability shall consult with the
Center for Rural Health Development to facilitate work necessary to
effectuate its recommendations; and, be it
Further Resolved, That the Legislative Oversight Committee on
Health and Human Resources Accountability report to the regular
session of the Legislature, 2008, on its findings, conclusions and
recommendations, together with any drafts of 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 Legislative Oversight
Committee on Health and Human Resources Accountability.
Which, under the rules, lies over one day.
Senators Prezioso, Plymale, Edgell and Kessler offered the
following resolution:
Senate Concurrent Resolution No. 75--Requesting the Joint
Committee on Government and Finance study the feasibility,
effectiveness and desirability of granting salary increases to
Division of Corrections' employees based on years of service.
Whereas, The Division of Corrections enhances public safety by
providing a safe, secure, humane correctional system, including an
effective community supervision program, opportunities to prepare
offenders for successful reentry and sensitivity and responsiveness to victims of crime; and
Whereas, The priority of the Division of Corrections is the
protection of the public, staff and offenders through the highest
degree of professional performance at all times and the work
performed by Division of Corrections' employees is vital to
achieving such a priority; and
Whereas, Division of Corrections' employees seek opportunities
that develop or enhance professional knowledge, skills and
abilities with fairness, honesty, consideration and dignity while
recognizing diversity; and
Whereas, Division of Corrections' employees effectively
perform their duties to the best of their abilities through
training, trust and teamwork; and
Whereas, Division of Corrections' employees exhibit the
highest degree of ethical behavior, professional excellence,
quality and competence; and
Whereas, Division of Corrections' employees should be
compensated at an adequate level for their service as meaningful
servants to the state; and
Whereas, Consideration and evaluation of the salary and
benefits for Division of Corrections' employees is necessary for
continuation of the high standards exhibited by the Division of
Corrections; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility, effectiveness and desirability
of granting salary increases to Division of Corrections' employees
based on years of service; and, be it
Further Resolved, That the study should consider providing for
retention incentives for Division of Corrections' employees and
providing that correctional officers may retire with full benefits
after twenty-five years of service; 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 Wells, Tomblin (Mr. President), 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,
Sharpe, Sprouse, Stollings, Sypolt, Unger, White and Yoder offered
the following resolution:
Senate Resolution No. 46--Memorializing the life of Tennille
Annette Davis, dedicated public servant.
Whereas, Tennille Annette Davis was born September 22, 1976,
in Charleston, Kanawha County; and
Whereas, Tennille Annette Davis graduated from Dupont High
School in 1994 and later received a degree from West Virginia
University Institute of Technology; and
Whereas, Tennille Annette Davis was an employee of the Kanawha
County Ambulance Authority and had reached the highest skill level
of critical care transport paramedic; and
Whereas, Tennille Annette Davis was married to her beloved
husband Gary on February 12, 2000, and they shared the joy of
having a daughter Madeline, and a son Cayden; and
Whereas, Sadly, Tennille Annette Davis passed away January 14,
2007, as a result of injuries sustained in an automobile accident;
therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of Tennille
Annette Davis, dedicated public servant; and, be it
Further Resolved, That the Senate extends its sincere sympathy
at the passing of Tennille Annette Davis; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of Tennille Annette Davis.
At the request of Senator Wells, 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.
Com. Sub. for Senate Concurrent Resolution No. 15, Requesting
Joint Committee on Government and Finance study effects of coal
slurry.
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. 52, Requesting Joint
Committee on Government and Finance study feasibility of
constructing covered promenades and handicapped ramps on Capitol
second floor outdoor walkways.
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. 55, Requesting Joint
Committee on Government and Finance study authorizing
municipalities means to satisfy liens.
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. 63, Requesting Joint
Committee on Government and Finance study regulating Professional
Employer Organization industry.
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. 67, Requesting Joint
Committee on Government and Finance study changing venue of certain
civil actions.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 68, Requesting Joint
Committee on Government and Finance study economic impact of state
and federal prevailing wage laws.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 69, Requesting Joint
Committee on Government and Finance study statutory provisions for
annexation of unincorporated municipal corporations.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 70, Requesting Division of
Highways name bridge in Martinsburg, Berkeley County, "C. Vincent
Townsend, Sr., Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
At the request of Senator Plymale, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had removed from the
Senate second reading calendar, Engrossed House Bill No. 3271 and
Engrossed House Bill No. 3272.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 2051, Including lasers as a
method of proving the speed of vehicles.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Green, Guills,
Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard,
Oliverio, Plymale, Prezioso, Sharpe, Stollings, Unger, Wells, White
and Tomblin (Mr. President)--27.
The nays were: Barnes, Boley, Deem, McKenzie, Sprouse, Sypolt
and Yoder--7.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2051) passed.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2051--A Bill
to amend and
reenact §17C-6-7 and §17C-6-7a of the Code of West Virginia, 1931,
as amended, all relating to including lasers as a method of proving
the speed of vehicles; and allowing class four municipal police
officers to operate microwave and lasers for admissibility in court
as prima facie evidence
of vehicle speed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2585, Relating to the
renewal of teaching certificates and permanent certification.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2585) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2585--A Bill
to repeal §18A-
3-11 of the Code of West Virginia, 1931, as amended; to amend and
reenact §5-16-2 of said code; to amend and reenact §18-7A-3 of said
code; to amend and reenact §18-7B-2 of said code; to amend and
reenact §18-23-4a of said code; to amend and reenact §18A-3-3 of said code; and to amend said code by adding thereto a new section,
designated §18A-3-11, all relating to education generally;
findings; definitions; allowing for the designation of up to
twenty-five professional educators as 21st Century Learner Fellows;
allowing fellows to continue as a member of either the Teachers
Retirement System or the defined contribution system, as
applicable, while being employed by a state institution of higher
education or a research corporation; allowing fellows to continue
to participate in public employee insurance programs during the
employment; limiting the responsibility of a state institution of
higher education or a research corporation for a fellow's annual
and sick leave earned from prior employment; renewing teaching
certificates and permanent certification; providing certification
through National Board for Professional Teaching Standards as an
additional option for attaining permanent certification; providing
for state board member participation in the public employees
insurance program; and making technical improvements.
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, Sharpe,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2585) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2616, Authorizing the
Department of Administration to promulgate legislative rules.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2616) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2616--A Bill to amend and
reenact §64-1-1 of the Code of West Virginia, 1931, as amended; and
to amend and reenact article 2, chapter 64 of said code
,
all
relating generally to the promulgation of administrative rules by
the Department of Administration and the procedures relating
thereto; legislative mandate or authorization for the promulgation
of certain legislative rules by various executive or administrative
agencies of the Department of Administration; authorizing certain
of the agencies to promulgate certain legislative rules in the form
that the rules were filed in the State Register; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee; authorizing certain of
the agencies to promulgate certain legislative rules as amended by
the Legislature; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee and
as amended by the Legislature; disapproving certain rules;
authorizing the Department of Administration to promulgate a
legislative rule relating to purchasing; authorizing the Department
of Administration to promulgate a legislative rule relating to
cannibalization of state property; authorizing the Department of
Administration to promulgate a legislative rule relating to waste
disposal of state property; authorizing the Department of Administration to promulgate a legislative rule relating to the
accountability of state funds and grants; authorizing the
Consolidated Public Retirement Board to promulgate a legislative
rule relating to the Deputy Sheriff Retirement System; authorizing
the Consolidated Public Retirement Board to promulgate a
legislative rule relating to the teachers defined contribution
system; authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Teachers Retirement
System; authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Public Employees
Retirement System; authorizing the Consolidated Public Retirement
Board to promulgate a legislative rule relating to refund,
reinstatement and loan interest factors; authorizing the Division
of Personnel to promulgate a legislative rule relating to the
administrative rule of the Division of Personnel; authorizing the
Division of Personnel to promulgate a legislative rule relating to
workers' compensation temporary total disability; authorizing the
Division of Personnel to promulgate a legislative rule relating to
interdepartmental transfer of state employees; and authorizing the
Board of Risk and Insurance Management to promulgate a legislative
rule relating to mine subsidence insurance.
Senator Chafin moved that the bill take effect from passage.
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, Sharpe,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2616) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2670, Authorizing the
Department of Commerce to promulgate legislative rules.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2670) passed.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2670--A Bill to amend and
reenact article 10, chapter 64 of the Code of West Virginia, 1931,
as amended, all relating generally to the promulgation of
administrative rules by the Bureau of Commerce and the procedures
relating thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive or
administrative agencies of the Bureau of Commerce; authorizing
certain of the agencies to promulgate certain legislative rules in
the form that the rules were filed in the State Register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing the Office of Miners' Health, Safety and
Training to promulgate a legislative rule relating to protective
clothing and equipment
; authorizing the Office of Miners' Health, Safety and Training to promulgate a legislative rule relating
to
standards for certification of coal mine electricians; authorizing
the Bureau of Employment Programs to promulgate a legislative rule
relating to requiring state agencies to revoke or not to grant,
issue or renew approval documents with employing units on the
bureau's default list
; authorizing the Division of Forestry to
promulgate a legislative rule relating to ginseng; authorizing the
Division of Natural Resources to promulgate a legislative rule
relating to commercial whitewater outfitters; authorizing the
Division of Natural Resources to promulgate a legislative rule
relating to special boating rules; authorizing the Division of
Natural Resources to promulgate a legislative rule relating to deer
hunting; authorizing the Division of Natural Resources to
promulgate a legislative rule relating to wildlife disease
management; and authorizing the Division of Natural Resources to
promulgate a legislative rule relating to public use of campgrounds
and recreation areas in West Virginia state wildlife management
areas under the Division of Natural Resources
.
Senator Chafin moved that the bill take effect from passage.
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, Sharpe,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2670) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2714, Revising requirements
for parking areas designated for use by persons with mobility
impairments.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2714) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2714--A Bill
to amend and
reenact §17C-13-6 of the Code of West Virginia, 1931, as amended,
relating to parking areas designated for use by persons with a
mobility impairment; removing the requirement that certain parking
areas be provided without cost; authorizing chiropractor, advanced
nurse practitioner or physician's assistant to verify impairment
for the purpose of the issuing of license plates or place cards;
removing certain persons from eligibility for placards and plates;
amending and adding definitions; limiting the ability of certain
organizations from parking in designated spaces; requiring certain
markings in designated parking areas; increasing the fine for first
offense parking violation; and removing certain rule-making
requirements.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2804, Eliminating time
schedules for utility relocation on highway projects.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe,
Stollings, Sypolt, Unger, Wells, White and Tomblin (Mr.
President)--31.
The nays were: Deem, Sprouse and Yoder--3.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2804) passed.
On motion of Senator Unger, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2804--A Bill to amend and
reenact §17-4-17b, §17-4-47, §17-4-48 and §17-4-49 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto a new article, designated §17-27-1, §17-27-2, §17-27-3,
§17-27-4, §17-27-5, §17-27-6 and §17-27-7, all relating to the
creation of the West Virginia Community Empowerment Transportation
Act; providing for
time schedules for utility relocation on highway
projects; placing liability and costs on the utility company for
failure to comply with proper removal notice; allowing the Division
of Highways to reimburse utility companies for subsequent
relocations due to plan change after a project is let to
construction; providing for meetings between Division of Highways
and utilities
; authorizing the Commissioner of Highways to
establish procedures relating to the authority and review of transportation projects; making legislative findings; stating
legislative purpose; defining certain terms and phrases; requiring
certain entities seeking state funds for transportation projects to
submit a transportation project plan; setting forth transportation
project plan requirements; setting forth conditions for approval by
the Commissioner of Highways; authorizing county commissions to
impose user fees for the construction and maintenance of roads and
transportation projects; providing credit for municipally imposed
fees; authorizing counties to issue revenue and general obligation
bonds for transportation projects after election; providing notice
and election requirements; coordinating development of
transportation projects with other infrastructure projects;
authorizing information sharing; authorizing agreements among
municipal utilities and public service districts to participate in
transportation projects; authorizing setting of rates to include
costs borne by municipal utilities and public service districts in
coordination with transportation projects; providing exemption from
Public Service Commission approval; requiring a bond necessary to
compensate the division for improvements to highway facilities
required as a result of development; regulating access from
properties to and from state roads; and providing recovery of cost
of highway improvements from commercial and residential
developments.
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 Caruth, and by unanimous
consent, the remarks by Senator Yoder regarding the passage of
Engrossed Committee Substitute for House Bill No. 2804 were ordered
printed in the Appendix to the Journal.
Eng. Com. Sub. for House Bill No. 2808, Increasing the fee for
issuance of one-trip permits.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2808) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2808--A Bill to amend and
reenact §17A-7-2 of the Code of West Virginia, 1931, as amended, relating to one-trip permits issued by the State Police; increasing
the fee for issuance; and providing for distribution of the fees
collected.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2875, Providing a procedure
in which to fill a vacancy on a county commission in the event the
remaining commissioners cannot agree.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sharpe, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Sprouse--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2875) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2931, Providing for payment of tuition and fees for members of the West Virginia National Guard
enrolled in graduate study.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2931) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2931--A Bill to amend and
reenact §15-1B-21 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §18-19-1, §18-19-2 and §18-19-3 of said
code, all relating to educational opportunities for the armed
services and spouses of deceased armed services personnel;
providing for the payment of tuition and fees for members of the
West Virginia Army National Guard and West Virginia Air National Guard enrolled in a master's degree program; and providing that, in
addition to children, spouses of deceased armed service personnel
are eligible for state-funded student financial aid resources.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2955, Continuing a flat-rate
excise tax on motor fuel at $.205.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Deem, Edgell, Facemyer, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse,
Stollings, Sypolt, Wells, White and Tomblin (Mr. President)--30.
The nays were: Chafin, Fanning, Unger and Yoder--4.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2955) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2955--A Bill to amend and
reenact §11-14C-5 of the Code of West Virginia, 1931, as amended,
relating to extending the date to which the rate of the flat-rate component of the motor fuel excise tax will remain at twenty and
one-half cents per invoiced gallon.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 3161, Relating to the theft
of oil, natural gas, water, telecommunications, electric and solid
waste service.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3161) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 3161--A Bill to amend and
reenact §61-3-45 of the Code of West Virginia, 1931, as amended, relating to creating the offense of theft of services involving
crude, heating or fuel oil, natural gas, water service, electric
service or telecommunications service; offense; and penalty.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2145, Defining limited use
residence elevators in public places.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2332, Clarifying that magistrate courts
have concurrent jurisdiction with circuit courts with laws
prohibiting the use of tobacco by minors.
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. 2527, Revising the sunrise
review process.
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 five, section three, line three, after the word
"group" by inserting the words "or organization";
On page eight, after section five, by adding a new section,
designated section six, to read as follows:
§30-1A-6. Article construction.
(a) Nothing in this article shall be construed as limiting or
interfering with the right of any member of the Legislature to
introduce or of the Legislature to consider any bill that would
create a new state governmental department or agency or amend the
law with respect to an existing one.
(b) Notwithstanding the
provisions of
subsection (a) of this
section, the recommendations of
the Joint Standing Committee on
Government Organization
are to be given considerable weight in
determining if a
profession
or
occupation
should be regulated or if
the scope of practice of a regulated profession
or
occupation
should be revised or expanded
.;
And,
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §30-1A-2a of the Code of West Virginia, 1931, as amended,
be repealed; and that §30-1A-2, §30-1A-3, §30-1A-5 and §30-1A-6 of
said code be amended and reenacted, all to read as follows:.
The bill (Eng. Com. Sub. for H. B. No. 2527), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2544, Increasing the penalty
for driving under the influence causing death.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:
On page two, section two, line twenty, by striking out the
word "three" and inserting in lieu thereof the word "two";
And,
On page two, section two, line twenty-one, by striking out the
word "fifteen" and inserting in lieu thereof the word "ten".
The bill (Eng. Com. Sub. for H. B. No. 2544), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2575, Relating to commercial
driver's licences (CDL).
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. 2747, Regulating plumbers
and fire protection workers.
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:
B
y striking out everything after the enacting section and
inserting in lieu thereof the following:
CHAPTER 21. LABOR.
ARTICLE 14. SUPERVISION OF PLUMBING WORK.
§21-14-1. Declaration of purpose.
The provisions of this article are intended to protect the
health, safety and welfare of the public as well as public and
private property by assuring the competence of those who perform
plumbing through licensure by the Commissioner of Labor.
§21-14-2. Definitions.
As used in this article:
(a) "License" means a valid and current license issued by the
Commissioner of Labor in accordance with the provisions of this
article.
(b) "Journeyman plumber" means a person qualified by at least
eight thousand hours of plumbing or related experience and who is
competent to instruct and supervise the work of a plumber-in-
training.
(c) "Master plumber" means a person with at least twelve
thousand hours of plumbing work experience and who is competent to
design plumbing systems and to instruct and supervise the plumbing
work of journeyman plumbers and plumbers-in-training.
(d) "Plumber-in-training" means a person with interest in and
an aptitude for performing plumbing work but who alone is not
capable of performing plumbing work and who has fewer than eight
thousand hours of plumbing experience.
(e) "Plumbing" means the practice, materials and fixtures
utilized within a building in the installation, extension and
alteration of all piping, fixtures, water treatment devices,
plumbing appliances and appurtenances, in connection with sanitary
drainage or storm drainage facilities; the plumbing venting
systems; medical gas systems; fuel oil and gas piping for
residential, commercial and institutional facilities; backflow
preventers; and public or private water supply systems, as defined
by the State Building Code.
(f) "Single family dwelling" means a building which is
occupied as, or designed or intended for occupancy as, a single
residence for one or more persons.
§21-14-3. License required; exemptions.
(a) On and after the first day of January, two thousand nine,
a person performing or offering to perform plumbing work in this
state shall have a license issued by the Commissioner of Labor, in
accordance with the provisions of this article.
(b) A person licensed under this article must carry a copy of
the license on any job in which plumbing work is being performed.
(c) This article does not apply to:
(1) A person who personally performs plumbing work on a single
family dwelling owned or leased by that person or by a member of
that person's immediate family;
(2) A person who performs plumbing at any manufacturing plant or other industrial establishment as an employee of the person,
firm or corporation operating the plant or establishment;
(3) A person who performs plumbing work while employed by an
employer who engages in the business of selling appliances at
retail, so long as such plumbing work is performed incidental to
the installation or repair of appliances sold by the employer;
(4) A person who, while employed by a public utility or its
affiliate, performs plumbing in connection with the furnishing of
public utility service;
(5) A person who performs plumbing work while engaging in the
business of installing, altering or repairing water distribution or
drainage lines outside the foundation walls of a building, public
or private sewage treatment or water treatment systems, including
all associated structures or buildings, sewers or underground
utility services;
(6) A person who performs plumbing work while engaged in the
installation, extension, dismantling, adjustment, repair, servicing
or alteration of a heating ventilation and air conditioning (HVAC)
system, air-veyor system, air exhaust system or air handling
system;
(7) A person who performs plumbing work at a coal mine that is
being actively mined or where coal is being processed; or
(8) A person who performs plumbing work at manufacturing,
industrial and natural gas facilities.
§21-14-4. Rule-making authority.
The Commissioner of Labor shall propose rules for legislative
approval, in accordance with the provisions of article three,
chapter twenty-nine-a of this code, for the implementation and
enforcement of the provisions of this article, which shall provide:
(1) Standards and procedures for issuing and renewing
licenses, including classifications of licenses as defined in this
article, applications, examinations and qualifications;
(2) Provisions for the granting of licenses, without
examination, to applicants who present satisfactory evidence of
having the expertise required to perform work at the level of the
classifications defined in this article and who apply for licensure
on or before the first day of July, two thousand nine: Provided,
That if a license issued under the authority of this subsection
subsequently lapses, the applicant is subject to all licensure
requirements, including the examination;
(3) Reciprocity provisions;
(4) Procedures for investigating complaints and revoking or
suspending licenses, including appeal procedures;
(5) Fees for testing, issuance and renewal of licenses and
other costs necessary to administer the provisions of this article;
(6) Enforcement procedures; and
(7) Any other rules necessary to effectuate the purposes of
this article.
§21-14-5. Enforcement.
The Commissioner of Labor and his or her deputy commissioner
or any compliance officer of the Division of Labor as authorized by
the Commissioner of Labor is authorized to enforce the provisions
of this article and may, at reasonable hours, enter any building or
premises where plumbing work is performed and issue cease and
desist orders for noncompliance.
§21-14-6. Denial, suspension and revocation of license.
(a) The Commissioner of Labor may deny a license to any
applicant who fails to comply with the rules established by the
Commissioner of Labor, or who lacks the necessary qualifications.
(b) The Commissioner of Labor may, upon complaint or upon his
or her own inquiry, and after notice to the licensee, suspend or
revoke a licensee?s license if:
(1) The license was granted upon an application or documents
supporting the application which materially misstated the terms of
the applicant?s qualifications or experience;
(2) The licensee subscribed or vouched for a material
misstatement in his or her application for licensure;
(3) The licensee incompetently or unsafely performs plumbing
work; or
(4) The licensee violated any statute of this state, any
legislative rule or any ordinance of any municipality or county of
this state which protects the consumer or public against unfair, unsafe, unlawful or improper business practices.
§21-14-7. Penalties.
(a) On and after the first day of January, two thousand nine,
a person performing or offering to perform plumbing work without a
license issued by the Commissioner of Labor is subject to a cease
and desist order.
(b) Any person continuing to engage in plumbing work after the
issuance of a cease and desist order is guilty of a misdemeanor
and, upon conviction thereof, is subject to the following
penalties:
(1) For the first offense, a fine of not less than two hundred
dollars nor more than one thousand dollars;
(2) For the second offense, a fine of not less than five
hundred dollars nor more than two thousand dollars, or confinement
in jail for not more than six months, or both;
(3) For the third and subsequent offenses, a fine of not less
than one thousand dollars nor more than five thousand dollars, and
confinement in jail for not less than thirty days nor more than one
year.
(c) A separate offense means each day, after official notice
is given, that a person performs plumbing work that is unlawful or
is not in compliance with the provisions of this article.
(d) The Commissioner of Labor may institute proceedings in the
circuit court of the county where the alleged violation of the provisions of this article occurred or are occurring to enjoin any
violation of any provision of this article. A circuit court by
injunction may compel compliance with the provisions of this
article, with the lawful orders of the Commissioner of Labor and
with any final decision of the Commissioner of Labor. The
Commissioner of Labor shall be represented in all such proceedings
by the Attorney General or his or her assistants.
(e) Any person adversely affected by an action of the
Commissioner of Labor may appeal the action pursuant to the
provisions of chapter twenty-nine-a of this code.
§21-14-8. Inapplicability of local ordinances.
On and after the first day of January, two thousand nine, a
political subdivision of this state may not require, as a condition
precedent to the performance of plumbing work in the political
subdivision, a person who holds a valid and current license issued
under the provisions of this article, to have any other license or
other evidence of competence as a plumber.
§21-14-9. Disposition of fees.
All fees paid pursuant to the provisions of this article,
shall be paid to the Commissioner of Labor and deposited in a
special revenue account with the State Treasurer for the use of the
Commissioner of Labor to enforce the provisions of this article.
CHAPTER 29. MISCELLANEOUS BOARDS AND COMMISSIONS.
ARTICLE 3D. SUPERVISION OF FIRE PROTECTION WORK.
§29-3D-1. Declaration of purpose.
The provisions of this article are intended to protect the
health, safety and welfare of the public as well as public and
private property by assuring the competence of those who perform
fire protection work through licensure by the State Fire Marshal.
§29-3D-2. Definitions.
As used in this article:
(a) "Fire protection layout technician" is an individual who
has achieved National Institute for Certification in Engineering
Technologies (NICET) Level III or higher certification and who has
the knowledge, experience and skills necessary to lay out fire
protection systems based on engineering design documents.
(b) "Fire protection system" means any fire protection
suppression device or system designed, installed and maintained in
accordance with the applicable National Fire Protection Association
(NFPA) codes and standards, but does not include public or private
mobile fire vehicles.
(c) "Fire protection work" means the installation, alteration,
extension, maintenance or testing of all piping, materials and
equipment inside a building, including the use of shop drawings
prepared by a fire protection layout technician, in connection with
the discharge of water, other special fluids, chemicals or gases
and backflow preventers for fire protection for the express purpose
of extinguishing or controlling fire.
(d) "Journeyman sprinkler fitter" means a person qualified by
at least ten thousand hours of work experience installing,
adjusting, repairing and dismantling fire protection systems and
who is competent to instruct and supervise the fire protection work
of a sprinkler fitter-in-training.
(e) "License" means a valid and current license issued by the
State Fire Marshal in accordance with the provisions of this
article.
(f) "Sprinkler fitter-in-training" means a person with
interest in and an aptitude for performing fire protection work,
but who alone is not capable of performing such work and who has
fewer than ten thousand hours of experience installing, adjusting,
repairing and dismantling fire protection systems.
§29-3D-3. License required; exemptions.
(a) On and after the first day of January, two thousand nine,
a person performing or offering to perform fire protection work in
this state shall have a license issued by the State Fire Marshal,
in accordance with the provisions of this article.
(b) A person licensed under this article must carry a copy of
the license on any job in which fire protection work is being
performed.
(c) This article does not apply to:
(1) A person who personally performs fire protection work on
a single family dwelling owned or leased and occupied by that person;
(2) A person who performs fire protection work at any
manufacturing plant or other industrial establishment as an
employee of the person, firm or corporation operating the plant or
establishment;
(3) A person who, while employed by a public utility or its
affiliate, performs fire protection work in connection with the
furnishing of public utility service;
(4) A person who performs fire protection work while engaging
in the business of installing, altering or repairing water
distribution or drainage lines outside the foundation walls of a
building, public or private sewage treatment or water treatment
systems including all associated structures or buildings, sewers or
underground utility services;
(5) A person who performs fire protection work while engaged
in the installation, extension, dismantling, adjustment, repair or
alteration of a heating ventilation and air conditioning (HVAC)
system, air-veyor system, air exhaust system or air handling
system; or
(6) A person who performs fire protection work at a coal mine
that is being actively mined or where coal is being processed.
§29-3D-4. Rule-making authority.
The State Fire Marshal shall propose rules for legislative
approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, for the implementation and
enforcement of the provisions of this article, which shall provide:
(1) Standards and procedures for issuing and renewing
licenses, including classifications of licenses as defined in this
article, applications, examinations and qualifications;
(2) Provisions for the granting of licenses, without
examination, to applicants who present satisfactory evidence of
having the expertise required to perform work at the level of the
classifications defined in this article and who apply for licensure
on or before the first day of July, two thousand nine: Provided,
That if a license issued under the authority of this subsection
subsequently lapses, the applicant is subject to all licensure
requirements, including the examination;
(3) Reciprocity provisions;
(4) Procedures for investigating complaints and revoking or
suspending licenses, including appeal procedures;
(5) Fees for testing, issuance and renewal of licenses, and
other costs necessary to administer the provisions of this article;
(6) Enforcement procedures; and
(7) Any other rules necessary to effectuate the purposes of
this article.
§29-3D-5. Enforcement.
The State Fire Marshal and his or her deputy fire marshal,
assistant fire marshal or assistant fire marshal-in-training, is authorized to enforce the provisions of this article and may, at
reasonable hours, enter any building or premises where fire
protection work is performed and issue citations for noncompliance.
§29-3D-6. Denial, suspension and revocation of license.
(a) The State Fire Marshal may deny a license to any applicant
who fails to comply with the rules established by the State Fire
Marshal, or who lacks the necessary qualifications.
(b) The State Fire Marshal may, upon complaint or upon his or
her own inquiry, and after notice to the licensee, suspend or
revoke a licensee?s license if:
(1) The license was granted upon an application or documents
supporting the application which materially misstated the terms of
the applicant?s qualifications or experience;
(2) The licensee subscribed or vouched for a material
misstatement in his or her application for licensure;
(3) The licensee incompetently or unsafely performs plumbing
or fire protection work; or
(4) The licensee violated any statute of this state, any
legislative rule or any ordinance of any municipality or county of
this state which protects the consumer or public against unfair,
unsafe, unlawful or improper business practices.
§29-3D-7. Penalties.
(a) On and after the first day of January, two thousand nine,
a person performing or offering to perform fire protection work without a license issued by the State Fire Marshal is subject to a
citation.
(b) Any person continuing to engage in fire protection work
after the issuance of a citation is guilty of a misdemeanor and,
upon conviction thereof, is subject to the following penalties:
(1) For the first offense, a fine of not less than two hundred
dollars nor more than one thousand dollars;
(2) For the second offense, a fine of not less than five
hundred dollars nor more than two thousand dollars, or confinement
in jail for not more than six months, or both;
(3) For the third and subsequent offenses, a fine of not less
than one thousand dollars nor more than five thousand dollars, and
confinement in jail for not less than thirty days nor more than one
year.
(c) A separate offense means each day, after official notice
is given, that a person performs fire protection work that is
unlawful or is not in compliance with the provisions of this
article.
(d) The State Fire Marshal may institute proceedings in the
circuit court of the county where the alleged violation of the
provisions of this article occurred or are now occurring to enjoin
any violation of any provision of this article. A circuit court by
injunction may compel compliance with the provisions of this
article, with the lawful orders of the State Fire Marshal and with any final decision of the State Fire Marshal. The State Fire
Marshal shall be represented in all such proceedings by the
Attorney General or his or her assistants.
(e) Any person adversely affected by an action of the State
Fire Marshal may appeal the action pursuant to the provisions of
chapter twenty-nine-a of this code.
§29-3D-8. Inapplicability of local ordinances.
On and after the first day of January, two thousand nine, a
political subdivision of this state may not require, as a condition
precedent to the performance of fire protection work in the
political subdivision, a person who holds a valid and current
license issued under the provisions of this article to have any
other license or other evidence of competence as a fire protection
worker.
§29-3D-9. Disposition of fees.
All fees paid pursuant to the provisions of this article,
shall be paid to the State Fire Marshal and deposited in a special
revenue account with the State Treasurer for the use of the State
Fire Marshal as provided in subsection (c), section twelve-b,
article three of this chapter.
The bill (Eng. Com. Sub. for H. B. No. 2747), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2763, Relating to persons
performing financial examinations of insurers.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Minard, as chair of the Committee on
Banking and Insurance, and by unanimous consent, the unreported
Banking and Insurance committee amendment to the bill was
withdrawn.
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 there of the following:
ARTICLE 33. ANNUAL AUDITED FINANCIAL REPORT.
§33-33-2. Definitions.
(a) "Accountant" and "independent certified public accountant"
mean an independent certified public accountant or accounting firm
in good standing with the American Institute of Certified Public
Accountants and in all states in which the accountant is licensed
to practice; for Canadian and British companies, the terms mean a
Canadian-chartered or British-chartered accountant.
(b) "Annual statement" means the annual financial statement
required to be filed by insurers with the commissioner pursuant to
the provisions of this chapter.
(c) "Audited financial report" means and includes those items
specified in section four of this article.
(d) "Indemnification" for the purposes of this article means an agreement of indemnity or a release from liability where the
intent or effect of the agreement or release is a shifting or a
limitation to any degree of the potential liability to the person
or firm for failure to adhere to applicable auditing or other
professional standards regardless of whether the potential
liability arises from known misrepresentations made by the insurer
or its representatives.
(d) (e) "Insurer" for purposes of this article means any
domestic insurer as defined in section six, article one of this
chapter and includes any domestic stock insurance company, mutual
insurance company, reciprocal insurance company, farmers' mutual
fire insurance company, fraternal benefit society, hospital service
corporation, medical service corporation, health care corporation,
health maintenance organization, captive insurance company or risk
retention group and any licensed foreign or alien insurer defined
in article one of this chapter.
(e) (f) "Workpapers" means and includes audit planning
documentation, work programs, analyses, memoranda, letters of
confirmation and representation, abstracts of company documents and
schedules or commentaries prepared or obtained by the independent
certified public accountant in the course of the examination of the
financial statements of an insurer and which support the opinion
thereon.
§33-33-6. Qualifications of independent certified public accountants.
(a) The commissioner shall may not recognize any person or
firm as a qualified independent certified public accountant that is
for purposes of performing the annual audited financial report if
the person or firm:
(1) Is not in good standing with the American Institute of
Certified Public Accountants and in all states in which the
accountant is licensed to practice or, for a Canadian or British
company, that is not a chartered accountant; or
(2) Has either directly or indirectly entered into an
indemnification with respect to an audit of the insurer.
(b) Except as otherwise provided herein, the commissioner
shall recognize an independent certified public accountant shall be
recognized as qualified as long as he or she conforms to the
standards of his or her profession, as contained in the Code of
Professional Ethics of the American Institute of Certified Public
Accountants and the Rules and Regulations and Code of Ethics and
Rules of Professional Conduct of the West Virginia Board of
Accountancy.
(c) A qualified independent certified public accountant may
enter into an agreement with an insurer to have disputes relating
to an audit resolved by mediation or arbitration. In the event a
delinquency proceeding is commenced against the insurer under
article ten of this chapter, the mediation or arbitration provisions shall operate at the option of the receiver.
(c) (d) No partner or other person responsible for rendering
a report may act in that capacity for more than seven consecutive
years. Following any a period of service the person shall be
disqualified from acting in that or a similar capacity for the same
company or its insurance subsidiaries or affiliates for a period of
two years. An insurer may make application to the commissioner for
relief from the above rotation requirement on the basis of unusual
circumstances. The commissioner may consider the following factors
in determining if the relief should be granted:
(1) Number of partners, expertise of the partners or the
number of insurance clients in the currently registered firm;
(2) Premium volume of the insurer; or
(3) Number of jurisdictions in which the insurer transacts
business. Provided, That the requirements of this subsection shall
become effective two years after the enactment of this article
(d) (e) The commissioner shall may not recognize as a
qualified independent certified public accountant, nor accept any
annual audited financial report, prepared in whole or in part by,
any natural person who:
(1) Has been convicted of fraud, bribery, a violation of the
Racketeer Influenced and Corrupt Organizations Act, 18 U. S. C.
Sections 1961-1968, or any dishonest conduct or practices under
federal or state law;
(2) Has been found to have violated the insurance laws of this
state with respect to any previous reports submitted under this
article; or
(3) Has demonstrated a pattern or practice of failing to
detect or disclose material information in previous reports filed
under the provisions of this article.
(e) (f) The commissioner may hold a hearing to determine
whether a certified public accountant is qualified and considering
the evidence presented, may rule that the accountant is not
qualified for purposes of expressing an opinion on the financial
statements in the audited financial report made pursuant to this
article and require the insurer to replace the accountant with
another whose relationship with the insurer is qualified within the
meaning of this article.
The bill (Eng. Com. Sub. for H. B. No. 2763), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2764, Establishing criminal
history checks for applicants for insurance producer licenses.
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:
B
y striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 12. INSURANCE PRODUCERS AND SOLICITORS.
§33-12-37. Authorization for criminal history record check; fees;
rules.
(a) In furtherance of the national goal of promoting
uniformity and reciprocity among the states with regard to producer
licensing, this section sets forth the requirements to obtain
access to the Federal Bureau of Investigation Criminal Justice
Information Services Division
criminal history record information
and to secure information or reports from the Federal Bureau of
Investigation Criminal Justice Information Services Division
. The
scope of this section is to set forth the applicability of the
criminal history record check to applicants for a home state
insurance producer license.
(b) As used in this section, the following terms have the
meanings ascribed in this subsection, unless a different meaning is
clearly required by the context:
(1)"Applicant" means a natural person applying for:
(A) An initial home state license as an insurance producer;
(B) An additional line of authority under an existing home
state insurance producer license where a criminal history record
check has not been obtained; or
(C) A resident insurance producer license under change of home
state provisions.
"Applicant" does not mean a person applying for renewal or continuation of a home state insurance producer license or a
nonresident insurance producer license.
(2) "Fingerprint" means an impression of the lines on the
finger taken for the purpose of identification. The impression may
be obtained electronically, in ink or in ink converted to an
electronic format.
(c) In order to make a determination of license eligibility,
the commissioner is authorized to require fingerprints of
applicants and to submit the fingerprints and the fee required to
perform the criminal history record checks to the West Virginia
State Police and to the Federal Bureau of Investigation for the
state and national criminal history record checks.
(d) The commissioner shall require a criminal history record
check on each applicant in accordance with this section. The
commissioner shall require each applicant to submit a full set of
fingerprints, including a scanned file from a hard copy
fingerprint, in order for the commissioner to obtain and receive
national criminal history records from the Federal Bureau of
Investigation Criminal Justice Information Services Division.
(e) The commissioner shall collect a fee from each applicant
in an amount established by rule. The amount of the fee must be
sufficient to cover:
(1) The cost of the collection and transmittal of fingerprints
by persons, including local law-enforcement agencies that are approved by the commissioner to capture fingerprints, to the West
Virginia State Police and the Federal Bureau of Investigation; and
(2) The cost of any amounts charged by the State Police and
the Federal Bureau of Investigation to perform the criminal history
record checks.
(f) The commissioner may contract for the collection and
transmission of fingerprints authorized under this section and may
order that the fee for collecting and transmitting fingerprints be
payable directly by the applicant to the contractor.
(g) The commissioner is authorized to receive criminal history
record information directly from the Federal Bureau of
Investigation in lieu of via transmission of the information from
the Federal Bureau of Investigation to the West Virginia State
Police.
(h) The commissioner shall treat and maintain an applicant's
fingerprints and any criminal history record information obtained
under this section as confidential and shall apply security
measures consistent with the Federal Bureau of Investigation
Criminal Justice Information Services Division standards for the
electronic storage of fingerprints and necessary identifying
information. The commissioner shall limit the use of records
solely to the purposes authorized in this section. The
fingerprints and the criminal history record information in the
custody of the commissioner are not subject to subpoena, other than one issued in a criminal action or investigation; are confidential
by law and privileged; and are not subject to discovery or
admissible in evidence in any private civil action.
(i) The commissioner shall promulgate emergency rules pursuant
to the provisions of section fifteen, article three, chapter
twenty-nine-a of this code as are necessary for the administration
of this section, including rules governing the issuance of
provisional producer licences pending receipt of the criminal
background check.
The following amendment to the Banking and Insurance committee
amendment to the bill (Eng. Com. Sub. for H. B. No. 2764), from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On page two, section thirty-seven, line ten, after the word
"electronically" by striking out the comma and the words "in ink".
The question now being on the adoption of the Banking and
Insurance committee amendment to the bill, as amended, the same was
put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 2764), as amended, was
then ordered to third reading.
Eng. House Bill No. 2770, Enhancing penalties for certain acts
against court security personnel.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for House Bill No. 2800, Relating to the
practice of medical imaging and radiation therapy.
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 twenty-five, section twelve, line nine, after the word
"assistant" by inserting the words "or dental hygienist";
And,
On page fifty-six, section thirty, line four, by striking out
the word "ten" and inserting in lieu thereof the word "twelve".
The bill (Eng. Com. Sub. for H. B. No. 2800), as amended, was
then ordered to third reading.
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.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page four, section two, lines twenty-nine and thirty, by striking out the words "Governor's Civil Contingent Fund pursuant
to section eighteen, article one, chapter five of this code" and
inserting in lieu thereof the words "State Treasury, General Fund".
The bill (Eng. Com. Sub. for H. B. No. 2801), as amended, was
then ordered to third reading.
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.
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. 2926, Relating to providing
notification that a domestic violence protective order has been
extended.
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. 2945, Providing for tax
credits for apprenticeship training in construction trades.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page two, section one, line six, after the word "trades" by
inserting the words "who are registered with the United States
Department of Labor, Office of Apprenticeship, West Virginia State Office".
The bill (Eng. Com. Sub. for H. B. No. 2945), as amended, was
then ordered to third reading.
Eng. House Bill No. 2992, Decreasing the health care provider
tax imposed on gross receipts of providers of nursing facility
services.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 3018, Limiting the duplication of
publication costs in the administration of certain estates.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendment to the
bill was reported by the Clerk and adopted:
On page four, section fourteen-a, line fifty, after "(a)." by
striking out the remainder of the subdivision and inserting in lieu
thereof the following: In the event that an unpaid creditor files
a claim, the fiduciary commissioner shall conduct a hearing on the
claim filed by the creditor, otherwise, the fiduciary commissioner
shall conclude the administration of the estate as requested by the
interested party.
The bill (Eng. H. B. No. 3018), as amended, was then ordered
to third reading.
Eng. Com. Sub. for House Bill No. 3048, Providing credit for specified high technology manufacturers.
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. 3074, Relating to the
carrying of concealed weapons.
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. 3106, Increasing the number
of family court judges and realigning certain districts to address
excessive workloads.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators Hunter and Sypolt, the following
amendment to the bill was reported by the Clerk:
On page nine, section three, line one hundred twenty-nine, by
striking out the word "Preston" and inserting in lieu thereof the
word "Taylor".
The question being on the adoption of the amendment offered by
Senators Hunter and Sypolt to the bill, the same was put and did
not prevail.
On motions of Senators Sypolt and Hunter, the following
amendment to the bill (Eng. Com. Sub. for H. B. No. 3106) was next
reported by the Clerk:
On page twelve, section five, after line thirty-three, by adding a new subsection, designated subsection (d), to read as
follows:
(d) Beginning with the primary and general elections to be
conducted in the year two thousand eight, where a family court
circuit is composed of more than one county, all family court
judges for that family court circuit shall not be chosen from the
same county: Provided, That all family court judges for that
family court circuit may be chosen from the same county if all
candidates who file for election to the office of family court
judge in that circuit reside in the same county.
The question being on the adoption of the amendment offered by
Senators Sypolt and Hunter to the bill, the same was put and did
not prevail.
The bill (Eng. Com. Sub. for H. B. No. 3106) was then ordered
to third reading.
Eng. House Bill No. 3228, Providing that home confinement
officers are subject to criminal prohibition of engaging in sexual
intercourse with person incarcerated.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 3271, Clarifying spendthrift trusts.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 3272, Relating to total return unitrusts.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 54, Requesting Joint
Committee on Government and Finance study sequestration of
greenhouse gases.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 54 (originating
in the Committee on the Judiciary)--
Requesting the Joint Committee
on Government and Finance study sequestration of carbon dioxide.
Whereas, Regulation of greenhouse gas emissions from fossil
fuels is under consideration by the federal government and is being
implemented by some states; and
Whereas, The United States Department of Energy has
established a national network of public and private sector
partnerships to determine the most suitable technologies,
regulations and infrastructure needs for carbon capture, storage
and sequestration in different areas of the country; and
Whereas, The Midwest Regional Carbon Sequestration Partnership is a public and private consortium that is assessing the technical
potential, economic viability and public acceptability of carbon
sequestration in a seven-state region, which includes West
Virginia, and is one of many such national and international
research groups; and
Whereas, West Virginia's efforts, as part of the Midwest
Partnership, to identify potential methodologies and resources for
sequestering carbon dioxide have shown that this state and region
have substantial resources for sequestration, both in deep
geological reservoirs for underground injection and through
improved agricultural and land management practices (terrestrial
sequestration); and
Whereas, There is an immense potential market for geologic
sequestration in this state and region as evidenced by the world's
first geologic storage experiment located at the Mountaineer coal-
fired power plant and West Virginia's extensive efforts in
restoring mine lands and commercial experience with implementing a
variety of agricultural and land management practices; and
Whereas, Carbon sequestration is an important part of energy
projects such as FutureGen, an integrated sequestration and
hydrogen production which may employ coal gasification technology
integrated with electricity generation and sequestration to be a
near-zero emissions power plant, which would utilize two of West
Virginia's most abundant natural resources--coal and water; and
Whereas These new energy technologies challenge West
Virginia's existing statutory and regulatory framework which offer
guidance for prospective energy development and terrestrial and
geologic sequestration projects, but are not designed for
technologies that were not envisioned when the framework was put
into place; and
Whereas, The viability of new energy projects within the state
requires an assessment of the impact of such statutory and
regulatory requirements; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study sequestration of carbon dioxide; and, be it
Further Resolved, That the study identify legislative options
for the state to create an environment which produces a competitive
advantage for West Virginia in attracting new fossil fuel projects
through comprehensive carbon dioxide sequestration statutes and
rules while protecting the environment and the health, safety and
welfare of West Virginia's citizens; and, be it
Further Resolved, That the study explore methods to encourage
land and forest use that sequesters carbon dioxide; and, be it
Further Resolved, That the study identify the legislative
parameters that should be imposed on predictive models and
monitoring of sequestered carbon dioxide; 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.
With the recommendation that the committee substitute be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The resolution (Com. Sub. for S. C. R. No. 54), under the
original double committee reference, was then referred to the
Committee on Rules.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 56, Requesting Joint
Committee on Government and Finance study practices related to
asbestos and silica exposure litigation.
Senate Concurrent Resolution No. 60, Requesting Joint Committee on Government and Finance study role of principal in
public schools.
And,
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 they
each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
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. 2204, Providing that retiring municipal
police officers may keep their service revolver.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2204) 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 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. 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.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 6, 2007;
And reports the same back with the recommendation that it do
pass.
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. 2588, Reimbursing tuition
and fees for courses for the renewal of teaching certificates.
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. 2588) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2717, Enacting a retirement
system for Emergency Medical Services Personnel.
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. 2717) 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.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (Eng. Com. Sub. for H. B. No. 2717) was then read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page fifteen, section two, line seven, after the word
"percent" by inserting the words "per year";
On page nineteen, section two, line seventy-seven, after the
word "time" by inserting the word "during";
On page forty-two, section nine, line thirty-two, by striking
out the words "two above" and inserting in lieu thereof the words
"(2) of this subsection";
On page forty-three, section nine, line forty-two, by striking out the words "four above" and inserting in lieu thereof the words
"(4) of this subsection";
On page forty-three, section nine, line fifty-two, by striking
out the word "five" and inserting in lieu thereof the words "(5) of
this subsection";
On page forty-three, section nine, line fifty-four, by
striking out the word "six" and inserting in lieu thereof the words
"(6) of this subsection";
On page forty-seven, section eleven, line one, before the word
"Except" by inserting "(a)";
On page forty-seven, section eleven, line three, before the
word "A" by inserting "(b)";
On page eighty-one, section thirty-one, lines six and seven,
by striking out the words "It shall be the duty of the" and
inserting in lieu thereof the word "The";
And,
On page eighty-one, section thirty-one, line nine, by striking
out the word "to" and inserting in lieu thereof the word "shall".
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2717) was then read a third time and 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,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2717) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions 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 has amended same.
Now on second reading, having been read the first time on
March 6, 2007, and referred to the Committee on Pensions;
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Pensions 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. House Bill No. 3184, Relating to confidentiality,
disclosure and authorization for disclosure of mental health
information.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 3184) 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 760 (originating in the Committee on Finance)-
-A Bill to amend and reenact §4-2A-2, §4-2A-4, §4-2A-6 and §4-2A-7
of the Code of West Virginia, 1931, as amended, all relating to
changing the compensation and expenses of legislators.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 760) 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.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and
Tomblin (Mr. President)--33.
The nays were: Boley--1.
Absent: None.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 760 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Caruth, Chafin, Edgell, Facemyer, Fanning, Green, Guills, Helmick,
Hunter, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Sharpe,
Wells, White, Yoder and Tomblin (Mr. President)--22.
The nays were: Barnes, Boley, Deem, Foster, Hall, Jenkins,
Plymale, Prezioso, Sprouse, Stollings, Sypolt and Unger--12.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 760) passed.
On motion of Senator Helmick, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 760--A Bill
to amend and reenact §4-2A-2,
§4-2A-4, §4-2A-6 and §4-2A-7 of the Code of West Virginia, 1931, as
amended, all relating to the compensation and expenses of
legislators;
increasing the basic compensation and expense
reimbursement for members of the Legislature; providing a schedule
of payment for compensation; increasing the additional compensation
of presiding officers, majority and minority leaders and specified
committee chairs, as well as certain other members to be designated by the presiding officers
; increasing from four to six the number
of
other members that may be designated by the presiding officers
to receive extra compensation and corresponding reimbursement of
expenses; removing certain limits on the number of days for which
extra compensation and expenses may be paid; and removing the
requirement that to be compensated for additional days that the
legislative business for which the member is to be compensated be
performed in the capitol.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Caruth,
Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills,
Hall, Helmick, Hunter, Kessler, Love, McCabe, McKenzie, Minard,
Oliverio, Plymale, Sharpe, Wells, White, Yoder and Tomblin (Mr.
President)--26.
The nays were: Barnes, Boley, Jenkins, Prezioso, Sprouse,
Stollings, Sypolt and Unger--8.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 760) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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. 2189, Relating to substitute
service personnel seniority.
With amendments from the Committee on Education pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as last by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2189) 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.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate recessed until 6 p.m.
today.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 185, Creating Tobacco
Settlement Finance Authority.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page six, section one-a, line twenty-one, by striking out
the word "fifty" and inserting in lieu thereof the word "forty-
five";
On page seventeen, section eight, line four, after the word
"chairperson," by inserting the words "the Treasurer of the State
of West Virginia";
On page seventeen, section eight, line four, by striking out
the word "four" and inserting in lieu thereof the word "three";
On page twenty-two, section eleven, lines fifty-eight through
sixty-one, by striking out all of subdivisions (13) and (14);
And renumbering the remaining subdivisions;
On page twenty-three, section eleven, line seventy-seven, by
striking out "(7)" and inserting in lieu thereof "(8)";
On page twenty-four, section twelve, lines nine and ten, by
striking out the words "eight hundred" and inserting in lieu
thereof the words "seven hundred seventy-five";
On page twenty-five, section twelve, line forty-seven, by striking out the words "eight hundred" and inserting in lieu
thereof the words "seven hundred seventy-five";
And,
On page twenty-six, section twelve, lines sixty-four through
sixty-six, by striking out all of subdivision (7) and inserting in
lieu thereof a new subdivision (7), to read as follows:
(7) A requirement that the cost of issuance excluding fees for
bond insurance, credit enhancements, liquidity facilities and
rating agency fees, plus underwriter's discount and any other costs
associated with the issuance shall not exceed, in the aggregate,
the sum of one percent of the aggregate principal amount of the
bonds issued.
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. 185) 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, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 589, Expanding powers and duties of
Director of Personnel.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page three, section seven, lines thirty and thirty-one, by
striking out the words "monetary incentives" and inserting in lieu
thereof the words "a one-time monetary incentive, for recruitment
and retention of employees in critically understaffed
classifications. The director, in consultation with board, shall
determine which classifications are critically understaffed and
provide an increase to the salary range for those positions if
deemed necessary. The program shall continue until the first day
of December, two thousand seven. The director shall report monthly
to the chairs of the House and Senate Committees on Government
Organization and provide all relevant information concerning the
program.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. S. B. No. 589) 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.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had returned to the Senate calendar on second reading, Engrossed Committee Substitute
for House Bill No. 2422 and Engrossed House Bill No. 2956; and to
the Senate third reading calendar on tomorrow, Friday, March 9,
2007, Engrossed House Bill No. 2568.
The Senate again proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2422, Providing cost-saving
measures in connection with providing medical care in regional
jails.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2956, Relating to civil actions filed in
the courts of the state.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 65, Budget bill.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 2309, Relating to tourism
development projects and tourism expansion projects.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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.
The bill (Eng. Com. Sub. for H. B. No. 2309) was then read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page thirteen, section four, line thirteen, by striking out
the word "and";
And,
On page thirteen, section four, line fifteen, after the word
"transaction" by changing the period to a semicolon and inserting
the following: and
(4) Provide an annual report to the Joint Committee on
Government and Finance before the first day of December, two
thousand seven, and publish on the website a list of all approved
tourism development projects and tourism development expansion projects.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2309) was then read a third time and put upon its passage.
Following a point of inquiry to the President, with resultant
response thereto,
The question being "Shall Engrossed Committee Substitute for
House Bill No. 2309 pass?"
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 present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2309) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2309--A Bill to amend and
reenact §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-6, §5B-2E-7, §5B-2E-8,
§5B-2E-9 and §5B-2E-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section,
designated §5B-2E-7a, all relating to Tourism Development Act tax
credits; providing definitions; providing additional powers and
duties of the Development Office; making certain entities
ineligible for the credit; modifying total amount of tourism
development project tax credit available on or near reclaimed
surface mining operation; setting certain deadlines; modifying
total amount of tourism development project tax credit available
during calendar years; creating a tourism development expansion
project credit; implementing a one million five hundred thousand
dollar tax credit maximum availability for tourism development
expansion projects; authorizing the promulgation of rules to
establish a tourism development expansion project application
process; and establishing a termination date for action on
applications for tourism development projects and validity of such
projects not previously approved.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2775, Exempting new
residents from payment of the privilege tax upon a showing that the
applicant was not a resident of this state at the time the vehicle
was purchased.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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.
The bill (Eng. Com. Sub. for H. B. No. 2775) was then read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.
§11-15-3b. Imposition of consumers sales tax on motor vehicle
sales; rate of tax; use of motor vehicle purchased
out of state; definition of sale; definition of
motor vehicle; exemptions; collection of tax by
Division of Motor Vehicles; dedication of tax to
highways; legislative and emergency rules.
(a) Notwithstanding any provision of this article or article
fifteen-a of this chapter to the contrary, beginning on the first
day of July, two thousand eight, all motor vehicle sales to West
Virginia residents shall be subject to the consumers sales tax
imposed by this article.
(b) Rate of tax on motor vehicles. -- Notwithstanding any
provision of this article or article fifteen-a of this chapter to
the contrary, the rate of tax on the sale and use of a motor
vehicle shall be five percent of its sale price, as defined in
section two, article fifteen-b of this chapter: Provided, That so
much of the sale price or consideration as is represented by the
exchange of other vehicles on which the tax imposed by this section
or section four, article three, chapter seventeen-a of this code
has been paid by the purchaser shall be deducted from the total
actual sale price paid for the motor vehicle, whether the motor
vehicle be new or used.
(c) Motor vehicles purchased out of state.-- Notwithstanding
this article or article fifteen-a to the contrary, the tax imposed
by this section shall apply to all motor vehicles, used as defined
by section one, article fifteen-a of this chapter, within this
state, regardless of whether the vehicle was purchased in a state
other than West Virginia.
(d) Definition of sale. -- Notwithstanding any provision of
this article or article fifteen-a of this chapter to the contrary, for purposes of this section "sale", "sales" or "selling" means any
transfer or lease of the possession or ownership of a motor vehicle
for consideration, including isolated transactions between
individuals not being made in the ordinary course of repeated and
successive business and also including casual and occasional sales
between individuals not conducted in a repeated manner or in the
ordinary course of repetitive and successive transactions.
(e) Definition of motor vehicle. -- For purposes of this
section, "motor vehicle" means every propellable device in, or upon
which any person or property is or may be transported or drawn upon
a highway including, but not limited to: Automobiles; buses; motor
homes; motorcycles; motorboats; all-terrain vehicles; snowmobiles;
low-speed vehicles; trucks, truck tractors and road tractors having
a weight of less than fifty-five thousand pounds; trailers,
semitrailers, full trailers, pole trailers and converter gear
having a gross weight of less than two thousand pounds; and
motorboat trailers, fold-down camping trailers, traveling trailers,
house trailers and motor homes; except that the term "motor
vehicle" does not include: Modular homes, manufactured homes,
mobile homes, similar nonmotive propelled vehicles susceptible of
being moved upon the highways but primarily designed for habitation
and occupancy; devices operated regularly for the transportation of
persons for compensation under a certificate of convenience and
necessity or contract carrier permit issued by the Public Service Commission; mobile equipment as defined in section one, article
one, chapter seventeen-a of this code; special mobile equipment as
defined in said section; trucks, truck tractors and road tractors
having a gross weight of fifty-five thousand pounds or more;
trailers, semitrailers, full trailers, pole trailers and converter
gear, having weight of two thousand pounds or greater: Provided,
That notwithstanding the provisions of section nine, article
fifteen, chapter eleven of this code, the exemption from tax under
this section for mobile equipment as defined in section one,
article one, chapter seventeen-a of this code; special mobile
equipment defined in said section; Class B trucks, truck tractors
and road tractors registered at a gross weight of fifty-five
thousand pounds or more; and Class C trailers, semitrailers, full
trailers, pole trailers and converter gear, having weight of two
thousand pounds or greater; does not subject the sale or purchase
of the vehicle to the consumer sales and service tax imposed by
section three of this article.
(f) Exemptions. -- Notwithstanding any other provision of this
code to the contrary, the tax imposed by this section shall not be
subject to any exemption in this code other than the following:
(1) The tax imposed by this section does not apply to any
passenger vehicle offered for rent in the normal course of business
by a daily passenger rental car business as licensed under the
provisions of article six-d of this chapter. For purposes of this section, a daily passenger car means a motor vehicle having a gross
weight of eight thousand pounds or less and is registered in this
state or any other state. In lieu of the tax imposed by this
section, there is hereby imposed a tax of not less than one dollar
nor more than one dollar and fifty cents for each day or part of
the rental period. The Commissioner of Motor Vehicles shall
propose an emergency rule in accordance with the provisions of
article three, chapter twenty-nine-a of this code to establish this
tax.
(2) The tax imposed by this section does not apply where the
motor vehicle has been acquired by a corporation, partnership or
limited liability company from another corporation, partnership or
limited liability company that is a member of the same controlled
group and the entity transferring the motor vehicle has previously
paid the tax on that motor vehicle imposed by this section. For the
purposes of this section, control means ownership, directly or
indirectly, of stock or equity interests possessing fifty percent
or more of the total combined voting power of all classes of the
stock of a corporation or equity interests of a partnership or
limited liability company entitled to vote or ownership, directly
or indirectly, of stock or equity interests possessing fifty
percent or more of the value of the corporation, partnership or
limited liability company.
(3) The tax imposed by this section does not apply where a motor vehicle has been acquired by a senior citizen service
organization which is exempt from the payment of income taxes under
the United States Internal Revenue Code, Title 26 U. S. C.
§501(c)(3) and which is recognized to be a bona fide senior citizen
service organization by the Bureau of Senior Services existing
under the provisions of article five, chapter sixteen of this code.
(4) The tax imposed by this section does not apply to any
active duty military personnel stationed outside of West Virginia
who acquires a motor vehicle by sale within nine months from the
date the person returns to this state.
(5) The tax imposed by this section does not apply to motor
vehicles acquired by registered dealers of this state for resale
only.
(6) The tax imposed by this section does not apply to motor
vehicles acquired by this state or any political subdivision
thereof, or by any volunteer fire department or duly chartered
rescue or ambulance squad organized and incorporated under the laws
of this state as a nonprofit corporation for protection of life or
property.
(7) The tax imposed by this section does not apply to motor
vehicles acquired by an urban mass transit authority, as defined in
article twenty-seven, chapter eight of this code, or a nonprofit
entity exempt from federal and state income tax under the Internal
Revenue Code, for the purpose of providing mass transportation to the public at large or designed for the transportation of persons
and being operated for the transportation of persons in the public
interest.
(8) The tax imposed by this section does not apply to the
registration of a vehicle owned and titled in the name of a
resident of this state if the applicant:
(A) Was not a resident of this state at the time the applicant
purchased or otherwise acquired ownership of the vehicle;
(B) Presents evidence as the Commissioner of Motor Vehicles
may require of having titled the vehicle in the applicant's
previous state of residence;
(C) Has relocated to this state and can present such evidence
as the Commissioner of Motor Vehicles may require to show bona fide
residency in this state;
(D) Presents an affidavit, completed by the assessor of the
applicant's county of residence, establishing that the vehicle has
been properly reported and is on record in the office of the
assessor as personal property; and
(E) Makes application to the Division of Motor Vehicles for a
title and registration, and pays all other fees required by chapter
seventeen-a of this code within thirty days of establishing
residency in this state as prescribed in subsection (a), section
one-a of this article.
(g) Division of Motor Vehicles to collect.-- Notwithstanding any provision of this article, article fifteen-a of this chapter
and article ten of this chapter to the contrary, the Division of
Motor Vehicles shall collect the tax imposed by this section:
Provided, That such tax is imposed upon the monthly payments for
the lease of any motor vehicle leased by a resident of West
Virginia, which tax is equal to five percent of the amount of the
monthly payment, applied to each payment, and continuing for the
entire term of the initial lease period. The tax shall be remitted
to the Division of Motor Vehicles on a monthly basis by the lessor
of the vehicle.
(h) Dedication of tax to highways. -- Notwithstanding any
provision of this article or article fifteen-a of this chapter to
the contrary, all taxes collected pursuant to this section, after
deducting the amount of any refunds lawfully paid, shall be
deposited in the State Road Fund in the State Treasury, and
expended by the Commissioner of Highways for design, maintenance
and construction of roads in the state highway system.
(i) Legislative rules; emergency rules. -- Notwithstanding any
provision of this article, article fifteen-a of this chapter and
article ten of this chapter to the contrary, the Commissioner of
Motor Vehicles shall promulgate legislative rules explaining and
implementing this section, which rules shall be promulgated in
accordance with the provisions of article three, chapter twenty-
nine-a of this code and should include a minimum taxable value and set forth instances when a vehicle is to be taxed at fair market
value rather than its purchase price. The authority to promulgate
rules includes authority to amend or repeal those rules. If
proposed legislative rules for this section are filed in the State
Register before the fifteenth day of June, two thousand eight,
those rules may be promulgated as emergency legislative rules, as
provided in article three of said chapter twenty-nine-a.
ARTICLE 3. ORIGINAL AND RENEWAL REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-4. Application for certificate of title; fees; abolishing
privilege tax; prohibition of issuance of certificate
of title without compliance with consumers sales and
service tax provisions; exceptions.
(a) Certificates of registration of any vehicle or
registration plates for the vehicle, whether original issues or
duplicates, may not be issued or furnished by the Division of Motor
Vehicles or any other officer or agent charged with the duty,
unless the applicant already has received, or at the same time
makes application for and is granted, an official certificate of
title of the vehicle in either an electronic or paper format. The
application shall be upon a blank form to be furnished by the
Division of Motor Vehicles and shall contain a full description of
the vehicle, which description shall contain a manufacturer's
serial or identification number or other number as determined by the commissioner and any distinguishing marks, together with a
statement of the applicant's title and of any liens or encumbrances
upon the vehicle, the names and addresses of the holders of the
liens and any other information as the Division of Motor Vehicles
may require. The application shall be signed and sworn to by the
applicant. A duly certified copy of the division's electronic
record of a certificate of title is admissible in any civil,
criminal or administrative proceeding in this state as evidence of
ownership.
(b) A tax is imposed upon the privilege of effecting the
certification of title of each vehicle in the amount equal to five
percent of the value of the motor vehicle at the time of the
certification, to be assessed as follows:
(1) If the vehicle is new, the actual purchase price or
consideration to the purchaser of the vehicle is the value of the
vehicle. If the vehicle is a used or secondhand vehicle, the
present market value at time of transfer or purchase is the value
of the vehicle for the purposes of this section: Provided, That so
much of the purchase price or consideration as is represented by
the exchange of other vehicles on which the tax imposed by this
section has been paid by the purchaser shall be deducted from the
total actual price or consideration paid for the vehicle, whether
the vehicle be new or secondhand. If the vehicle is acquired
through gift or by any manner whatsoever, unless specifically exempted in this section, the present market value of the vehicle
at the time of the gift or transfer is the value of the vehicle for
the purposes of this section.
(2) No certificate of title for any vehicle may be issued to
any applicant unless the applicant has paid to the Division of
Motor Vehicles the tax imposed by this section which is five
percent of the true and actual value of the vehicle whether the
vehicle is acquired through purchase, by gift or by any other
manner whatsoever, except gifts between husband and wife or between
parents and children: Provided, That the husband or wife, or the
parents or children, previously have paid the tax on the vehicles
transferred to the State of West Virginia.
(3) The Division of Motor Vehicles may issue a certificate of
registration and title to an applicant if the applicant provides
sufficient proof to the Division of Motor Vehicles that the
applicant has paid the taxes and fees required by this section to
a motor vehicle dealership that has gone out of business or has
filed bankruptcy proceedings in the United States bankruptcy court
and the taxes and fees so required to be paid by the applicant have
not been sent to the division by the motor vehicle dealership or
have been impounded due to the bankruptcy proceedings: Provided,
That the applicant makes an affidavit of the same and assigns all
rights to claims for money the applicant may have against the motor
vehicle dealership to the Division of Motor Vehicles.
(4) The Division of Motor Vehicles shall issue a certificate
of registration and title to an applicant without payment of the
tax imposed by this section if the applicant is a corporation,
partnership or limited liability company transferring the vehicle
to another corporation, partnership or limited liability company
when the entities involved in the transfer are members of the same
controlled group and the transferring entity has previously paid
the tax on the vehicle transferred. For the purposes of this
section, control means ownership, directly or indirectly, of stock
or equity interests possessing fifty percent or more of the total
combined voting power of all classes of the stock of a corporation
or equity interests of a partnership or limited liability company
entitled to vote or ownership, directly or indirectly, of stock or
equity interests possessing fifty percent or more of the value of
the corporation, partnership or limited liability company.
(5) The tax imposed by this section does not apply to vehicles
to be registered as Class H vehicles or Class M vehicles, as
defined in section one, article ten of this chapter, which are used
or to be used in interstate commerce. Nor does the tax imposed by
this section apply to the titling of Class B vehicles registered at
a gross weight of fifty-five thousand pounds or more, or to the
titling of Class C semitrailers, full trailers, pole trailers and
converter gear: Provided, That if an owner of a vehicle has
previously titled the vehicle at a declared gross weight of fifty-five thousand pounds or more and the title was issued without
the payment of the tax imposed by this section, then before the
owner may obtain registration for the vehicle at a gross weight
less than fifty-five thousand pounds, the owner shall surrender to
the commissioner the exempted registration, the exempted
certificate of title and pay the tax imposed by this section based
upon the current market value of the vehicle: Provided, however,
That notwithstanding the provisions of section nine, article
fifteen, chapter eleven of this code, the exemption from tax under
this section for Class B vehicles in excess of fifty-five thousand
pounds and Class C semitrailers, full trailers, pole trailers and
converter gear does not subject the sale or purchase of the
vehicles to the consumers sales and service tax.
(6) The tax imposed by this section does not apply to titling
of vehicles leased by residents of West Virginia. A tax is imposed
upon the monthly payments for the lease of any motor vehicle leased
by a resident of West Virginia, which tax is equal to five percent
of the amount of the monthly payment, applied to each payment, and
continuing for the entire term of the initial lease period. The
tax shall be remitted to the Division of Motor Vehicles on a
monthly basis by the lessor of the vehicle.
(7) The tax imposed by this section does not apply to titling
of vehicles by a registered dealer of this state for resale only,
nor does the tax imposed by this section apply to titling of vehicles by this state or any political subdivision thereof, or by
any volunteer fire department or duly chartered rescue or ambulance
squad organized and incorporated under the laws of the State of
West Virginia this state as a nonprofit corporation for protection
of life or property. The total amount of revenue collected by
reason of this tax shall be paid into the State Road Fund and
expended by the Commissioner of Highways for matching federal funds
allocated for West Virginia. In addition to the tax, there is a
charge of five dollars for each original certificate of title or
duplicate certificate of title so issued: Provided, That this
state or any political subdivision of this state or any volunteer
fire department or duly chartered rescue squad is exempt from
payment of the charge.
(8) The certificate is good for the life of the vehicle, so
long as the vehicle is owned or held by the original holder of the
certificate and need not be renewed annually, or any other time,
except as provided in this section.
(9) If, by will or direct inheritance, a person becomes the
owner of a motor vehicle and the tax imposed by this section
previously has been paid to the Division of Motor Vehicles on that
vehicle, he or she is not required to pay the tax.
(10) A person who has paid the tax imposed by this section is
not required to pay the tax a second time for the same motor
vehicle, but is required to pay a charge of five dollars for the certificate of retitle of that motor vehicle, except that the tax
shall be paid by the person when the title to the vehicle has been
transferred either in this or another state from the person to
another person and transferred back to the person.
(11) The tax imposed by this section does not apply to any
passenger vehicle offered for rent in the normal course of business
by a daily passenger rental car business as licensed under the
provisions of article six-d of this chapter. For purposes of this
section, a daily passenger car means a Class A motor vehicle having
a gross weight of eight thousand pounds or less and is registered
in this state or any other state. In lieu of the tax imposed by
this section, there is hereby imposed a tax of not less than one
dollar nor more than one dollar and fifty cents for each day or
part of the rental period. The commissioner shall propose an
emergency rule in accordance with the provisions of article three,
chapter twenty-nine-a of this code to establish this tax.
(12) The tax imposed by this article does not apply to the
titling of any vehicle purchased by a senior citizen service
organization which is exempt from the payment of income taxes under
the United States Internal Revenue Code, Title 26 U. S. C.
§501(c)(3) and which is recognized to be a bona fide senior citizen
service organization by the senior services bureau existing under
the provisions of article five, chapter sixteen of this code.
(13) The tax imposed by this section does not apply to the titling of any vehicle operated by an urban mass transit authority
as defined in article twenty-seven, chapter eight of this code or
a nonprofit entity exempt from federal and state income tax under
the Internal Revenue Code and whose purpose is to provide mass
transportation to the public at large designed for the
transportation of persons and being operated for the transportation
of persons in the public interest.
(14) The tax imposed by this section does not apply to the
transfer of a title to a vehicle owned and titled in the name of a
resident of this state if the applicant:
(A) Was not a resident of this state at the time the applicant
purchased or otherwise acquired ownership of the vehicle;
(B) Presents evidence as the commissioner may require of
having titled the vehicle in the applicant's previous state of
residence;
(C) Has relocated to this state and can present such evidence
as the commissioner may require to show bona fide residency in this
state;
(D) Presents an affidavit, completed by the assessor of the
applicant's county of residence, establishing that the vehicle has
been properly reported and is on record in the office of the
assessor as personal property; and
(E) Makes application to the division for a title and
registration, and pays all other fees required by this chapter within thirty days of establishing residency in this state as
prescribed in subsection (a), section one-a of this article:
Provided, That a period of amnesty of three months be established
by the commissioner during the calendar year two thousand seven,
during which time any resident of this state, having titled his or
her vehicle in a previous state of residence, may pay without
penalty any fees required by this chapter and transfer the title of
his or her vehicle in accordance with the provisions of this
section.
(c) Notwithstanding any provisions of this code to the
contrary, the owners of trailers, semitrailers, recreational
vehicles and other vehicles not subject to the certificate of title
tax prior to the enactment of this chapter are subject to the
privilege tax imposed by this section: Provided, That the
certification of title of any recreational vehicle owned by the
applicant on the thirtieth day of June, one thousand nine hundred
eighty-nine, is not subject to the tax imposed by this section:
Provided, however, That mobile homes, manufactured homes, modular
homes and similar nonmotive propelled vehicles, except recreational
vehicles and house trailers, susceptible of being moved upon the
highways but primarily designed for habitation and occupancy,
rather than for transporting persons or property, or any vehicle
operated on a nonprofit basis and used exclusively for the
transportation of mentally retarded or physically handicapped children when the application for certificate of registration for
the vehicle is accompanied by an affidavit stating that the vehicle
will be operated on a nonprofit basis and used exclusively for the
transportation of mentally retarded and physically handicapped
children, are not subject to the tax imposed by this section, but
are taxable under the provisions of articles fifteen and fifteen-a,
chapter eleven of this code.
(d) Beginning on the first of July, two thousand eight, the
tax imposed under subsection (b) of this section is abolished and
after that date no certificate of title for any motor vehicle may
be issued to any applicant unless the applicant provides sufficient
proof to the Division of Motor Vehicles that the applicant has paid
the fees required by this article and the tax imposed under section
three-b, article fifteen, chapter eleven of this code.
(d) (e) Any person making any affidavit required under any
provision of this section who knowingly swears falsely, or any
person who counsels, advises, aids or abets another in the
commission of false swearing, or any person, while acting as an
agent of the Division of Motor Vehicles, issues a vehicle
registration without first collecting the fees and taxes or fails
to perform any other duty required by this chapter or chapter
eleven of this code to be performed before a vehicle registration
is issued is, on the first offense, guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than five hundred dollars or be confined in jail for a period not to exceed six
months or, in the discretion of the court, both fined and confined.
For a second or any subsequent conviction within five years, that
person is guilty of a felony and, upon conviction thereof, shall be
fined not more than five thousand dollars or be imprisoned in a
state correctional facility for not less than one year nor more
than five years or, in the discretion of the court, both fined and
imprisoned.
(e) (f) Notwithstanding any other provisions of this section,
any person in the military stationed outside West Virginia or his
or her dependents who possess a motor vehicle with valid
registration are exempt from the provisions of this article for a
period of nine months from the date the person returns to this
state or the date his or her dependent returns to this state,
whichever is later.
(f) (g) No person may transfer, purchase or sell a
factory-built home without a certificate of title issued by the
commissioner in accordance with the provisions of this article:
(1) Any person who fails to provide a certificate of title
upon the transfer, purchase or sale of a factory-built home is
guilty of a misdemeanor and, upon conviction thereof, shall for the
first offense be fined not less than one hundred dollars nor more
than one thousand dollars, or be confined in jail for not more than
one year, or both fined and confined. For each subsequent offense, the fine may be increased to not more than two thousand dollars,
with confinement in jail not more than one year, or both fined and
confined.
(2) Failure of the seller to transfer a certificate of title
upon sale or transfer of the factory-built home gives rise to a
cause of action, upon prosecution thereof, and allows for the
recovery of damages, costs and reasonable attorney fees.
(3) This subsection does not apply to a mobile or manufactured
home for which a certificate of title has been canceled pursuant to
section twelve-b of this article.
(g) (h) Notwithstanding any other provision to the contrary,
whenever reference is made to the application for or issuance of
any title or the recordation or release of any lien, it includes
the application, transmission, recordation, transfer of ownership
and storage of information in an electronic format.
(h) (i) Notwithstanding any other provision contained in this
section, nothing herein shall be considered to include modular
homes as defined in subsection (I), section two, article fifteen,
chapter thirty-seven of this code and built to the State Building
Code as established by legislative rules promulgated by the State
Fire Commission pursuant to section five-b, article three, chapter
twenty-nine of this code.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2775) was then read a third time and put upon its passage.
Senator Caruth requested unanimous consent that the bill lie
over one day, retaining its place on the calendar.
Which consent was not granted, Senator Deem objecting.
The question being "Shall Engrossed Committee Substitute for
House Bill No. 2775 pass?"
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 present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2775) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2775--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §11-15-3b; and to amend and reenact §17A-3-4 of
said code, all relating to the taxation of motor vehicles;
providing an exemption for new residents of this state from payment of the privilege tax upon a showing that the applicant was not a
resident of this state at the time the vehicle was purchased and
the vehicle was properly titled in the applicant's previous state
or jurisdiction of residence; providing a period of amnesty;
eliminating the five-percent tax for privilege of certification of
title; imposing a five-percent tax on the sale and use of motor
vehicles; providing exemptions; and effective date.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2940, Increasing the age of
dependents for health insurance coverage.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: 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, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: Sprouse--1.
Absent: Sharpe--1.
The bill (Eng. Com. Sub. for H. B. No. 2940) was then read a
second time.
The following amendment to the bill, from the Committee on
Banking and Insurance, was reported by the Clerk:
B
y striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §5-16-13 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §33-16-1a of said code be
amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-13. Payment of costs by employer and employee; spouse and
dependent coverage; involuntary employee termination
coverage; conversion of annual leave and sick leave
authorized for health or retirement benefits;
authorization for retiree participation; continuation
of health insurance for surviving dependents of
deceased employees; requirement of new health plan,
limiting employer contribution.
(a) Cost sharing. -- The director shall provide under any contract or contracts entered into under the provisions of this
article that the costs of any group hospital and surgical
insurance, group major medical insurance, group prescription drug
insurance, group life and accidental death insurance benefit plan
or plans shall be paid by the employer and employee.
(b) Spouse and dependent coverage. -- Each employee is
entitled to have his or her spouse and dependents as defined by the
rules of the public employees insurance agency, included in any
group hospital and surgical insurance, group major medical
insurance or group prescription drug insurance coverage to which
the employee is entitled to participate: Provided, That the spouse
and dependent coverage is limited to excess or secondary coverage
for each spouse and dependent who has primary coverage from any
other source. For purposes of this section, the term "primary
coverage" means individual or group hospital and surgical insurance
coverage or individual or group major medical insurance coverage or
group prescription drug coverage in which the spouse or dependent
is the named insured or certificate holder. For the purposes of
this section, "dependent" means an eligible employee's unmarried
child or stepchild under the age of twenty-five if that child or
stepchild meets the definition of a "qualifying child" or a
"qualifying relative" in Section 152 of the Internal Revenue Code.
The director may require proof regarding spouse and dependent
primary coverage and shall adopt rules governing the nature, discontinuance and resumption of any employee's coverage for his or
her spouse and dependents.
(c) Continuation after termination. -- If an employee
participating in the plan is terminated from employment
involuntarily or in reduction of work force, the employee's
insurance coverage provided under this article shall continue for
a period of three months at no additional cost to the employee and
the employer shall continue to contribute the employer's share of
plan premiums for the coverage. An employee discharged for
misconduct shall not be eligible for extended benefits under this
section. Coverage may be extended up to the maximum period of
three months, while administrative remedies contesting the charge
of misconduct are pursued. If the discharge for misconduct be
upheld, the full cost of the extended coverage shall be reimbursed
by the employee. If the employee is again employed or recalled to
active employment within twelve months of his or her prior
termination, he or she shall not be considered a new enrollee and
may not be required to again contribute his or her share of the
premium cost, if he or she had already fully contributed such share
during the prior period of employment.
(d) Conversion of accrued annual and sick leave for extended
insurance coverage upon retirement for employees who elected to
participate in the plan before July, one thousand nine hundred
eighty-eight. -- Except as otherwise provided in subsection (g) of this section, when an employee participating in the plan, who
elected to participate in the plan before the first day of July,
one thousand nine hundred eighty-eight, is compelled or required by
law to retire before reaching the age of sixty-five, or when a
participating employee voluntarily retires as provided by law, that
employee's accrued annual leave and sick leave, if any, shall be
credited toward an extension of the insurance coverage provided by
this article, according to the following formulae: The insurance
coverage for a retired employee shall continue one additional month
for every two days of annual leave or sick leave, or both, which
the employee had accrued as of the effective date of his or her
retirement. For a retired employee, his or her spouse and
dependents, the insurance coverage shall continue one additional
month for every three days of annual leave or sick leave, or both,
which the employee had accrued as of the effective date of his or
her retirement.
(e) Conversion of accrued annual and sick leave for extended
insurance coverage upon retirement for employees who elected to
participate in the plan after June, one thousand nine hundred
eighty-eight. -- Notwithstanding subsection (d) of this section,
and except as otherwise provided in subsections (g) and (l) of this
section when an employee participating in the plan who elected to
participate in the plan on and after the first day of July, one
thousand nine hundred eighty-eight, is compelled or required by law to retire before reaching the age of sixty-five, or when the
participating employee voluntarily retires as provided by law, that
employee's annual leave or sick leave, if any, shall be credited
toward one half of the premium cost of the insurance provided by
this article, for periods and scope of coverage determined
according to the following formulae: (1) One additional month of
single retiree coverage for every two days of annual leave or sick
leave, or both, which the employee had accrued as of the effective
date of his or her retirement; or (2) one additional month of
coverage for a retiree, his or her spouse and dependents for every
three days of annual leave or sick leave, or both, which the
employee had accrued as of the effective date of his or her
retirement. The remaining premium cost shall be borne by the
retired employee if he or she elects the coverage. For purposes of
this subsection, an employee who has been a participant under
spouse or dependent coverage and who reenters the plan within
twelve months after termination of his or her prior coverage shall
be considered to have elected to participate in the plan as of the
date of commencement of the prior coverage. For purposes of this
subsection, an employee shall not be considered a new employee
after returning from extended authorized leave on or after the
first day of July, one thousand nine hundred eighty-eight.
(f) Increased retirement benefits for retired employees with
accrued annual and sick leave. -- In the alternative to the extension of insurance coverage through premium payment provided in
subsections (d) and (e) of this section, the accrued annual leave
and sick leave of an employee participating in the plan may be
applied, on the basis of two days retirement service credit for
each one day of accrued annual and sick leave, toward an increase
in the employee's retirement benefits with those days constituting
additional credited service in computation of the benefits under
any state retirement system. However, the additional credited
service shall not be used in meeting initial eligibility for
retirement criteria, but only as additional service credited in
excess thereof.
(g) Conversion of accrued annual and sick leave for extended
insurance coverage upon retirement for certain higher education
employees. -- Except as otherwise provided in subsection (l) of
this section, when an employee, who is a higher education full-time
faculty member employed on an annual contract basis other than for
twelve months, is compelled or required by law to retire before
reaching the age of sixty-five, or when such a participating
employee voluntarily retires as provided by law, that employee's
insurance coverage, as provided by this article, shall be extended
according to the following formulae: The insurance coverage for a
retired higher education full-time faculty member, formerly
employed on an annual contract basis other than for twelve months,
shall continue beyond the effective date of his or her retirement one additional year for each three and one-third years of teaching
service, as determined by uniform guidelines established by the
University of West Virginia Board of Trustees and the board of
directors of the state college system, for individual coverage, or
one additional year for each five years of teaching service for
"family" coverage.
(h) Any employee who retired prior to the twenty-first day of
April, one thousand nine hundred seventy-two, and who also
otherwise meets the conditions of the "retired employee" definition
in section two of this article, shall be eligible for insurance
coverage under the same terms and provisions of this article. The
retired employee's premium contribution for any such coverage shall
be established by the finance board.
(i) Retiree participation. -- All retirees under the
provisions of this article, including those defined in section two
of this article; those retiring prior to the twenty-first day of
April, one thousand nine hundred seventy-two; and those hereafter
retiring are eligible to obtain health insurance coverage. The
retired employee's premium contribution for the coverage shall be
established by the finance board.
(j) Surviving spouse and dependent participation. -- A
surviving spouse and dependents of a deceased employee, who was
either an active or retired employee participating in the plan just
prior to his or her death, are entitled to be included in any group insurance coverage provided under this article to which the
deceased employee was entitled, and the spouse and dependents shall
bear the premium cost of the insurance coverage. The finance board
shall establish the premium cost of the coverage.
(k) Elected officials. -- In construing the provisions of this
section or any other provisions of this code, the Legislature
declares that it is not now nor has it ever been the Legislature's
intent that elected public officials be provided any sick leave,
annual leave or personal leave, and the enactment of this section
is based upon the fact and assumption that no statutory or inherent
authority exists extending sick leave, annual leave or personal
leave to elected public officials and the very nature of those
positions preclude the arising or accumulation of any leave, so as
to be thereafter usable as premium paying credits for which the
officials may claim extended insurance benefits.
(l) Participation of certain former employees. -- An employee,
eligible for coverage under the provisions of this article who has
twenty years of service with any agency or entity participating in
the public employees insurance program or who has been covered by
the public employees insurance program for twenty years may, upon
leaving employment with a participating agency or entity, continue
to be covered by the program if the employee pays one hundred and
five percent of the cost of retiree coverage: Provided, That the
employee shall elect to continue coverage under this subsection within two years of the date the employment with a participating
agency or entity is terminated.
(m) Prohibition on conversion of accrued annual and sick leave
for extended coverage upon retirement for new employees who elect
to participate in the plan after June, two thousand one. -- Any
employee hired on or after the first day of July, two thousand one,
who elects to participate in the plan may not apply accrued annual
or sick leave toward the cost of premiums for extended insurance
coverage upon his or her retirement. This prohibition does not
apply to the conversion of accrued annual or sick leave for
increased retirement benefits, as authorized by this section:
Provided, That any person who has participated in the plan prior to
the first day of July, two thousand one, is not a new employee for
purposes of this subsection if he or she becomes reemployed with an
employer participating in the plan within two years following his
or her separation from employment and he or she elects to
participate in the plan upon his or her reemployment.
CHAPTER 33. INSURANCE.
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-1a. Definitions.
As used in this article:
(a) "Bona fide association" means an association which has
been actively in existence for at least five years; has been formed
and maintained in good faith for purposes other than obtaining insurance; does not condition membership in the association on any
health status-related factor relating to an individual; makes
accident and sickness insurance offered through the association
available to all members regardless of any health status-related
factor relating to members or individuals eligible for coverage
through a member; does not make accident and sickness insurance
coverage offered through the association available other than in
connection with a member of the association; and meets any
additional requirements as may be set forth in this chapter or by
rule.
(b) "Commissioner" means the commissioner of insurance.
(c) "Creditable coverage" means, with respect to an
individual, coverage of the individual after the thirtieth day of
June, one thousand nine hundred ninety-six, under any of the
following, other than coverage consisting solely of excepted
benefits:
(1) A group health plan;
(2) A health benefit plan;
(3) Medicare Part A or Part B, 42 U. S. C. §1395, et seq.;
Medicaid, 42 U. S. C. §1396a, et seq. (other than coverage
consisting solely of benefits under Section 1928 of the Social
Security Act); Civilian Health and Medical Program of the Uniformed
Services (CHAMPUS), 10 U. S. C., Chapter 55; and a medical care
program of the Indian Health Service or of a tribal organization;
(4) A health benefits risk pool sponsored by any state of the
United States or by the District of Columbia; a health plan offered
under 5 U. S. C., Chapter 89; a public health plan as defined in
regulations promulgated by the federal secretary of health and
human services; or a health benefit plan as defined in the Peace
Corps Act, 22 U. S. C. §2504(e).
(d) "Dependent" means an eligible employee's spouse or any
unmarried child or stepchild under the age of eighteen or
unmarried, dependent child or stepchild under age twenty-three if
a full-time student at an accredited school. twenty-five if that
child or stepchild meets the definition of a "qualifying child" or
a "qualifying relative" in Section 152 of the Internal Revenue
Code.
(e) "Eligible employee" means an employee, including an
individual who either works or resides in this state, who meets all
requirements for enrollment in a health benefit plan.
(f) "Excepted benefits" means:
(1) Any policy of liability insurance or contract supplemental
thereto; coverage only for accident or disability income insurance
or any combination thereof; automobile medical payment insurance;
credit-only insurance; coverage for on-site medical clinics;
workers' compensation insurance; or other similar insurance under
which benefits for medical care are secondary or incidental to
other insurance benefits; or
(2) If offered separately, a policy providing benefits for
long-term care, nursing home care, home health care, community-
based care or any combination thereof, dental or vision benefits or
other similar, limited benefits; or
(3) If offered as independent, noncoordinated benefits under
separate policies or certificates, specified disease or illness
coverage, hospital indemnity or other fixed indemnity insurance, or
coverage, such as medicare supplement insurance, supplemental to a
group health plan; or
(4) A policy of accident and sickness insurance covering a
period of less than one year.
(g) "Group health plan" means an employee welfare benefit
plan, including a church plan or a governmental plan, all as
defined in section three of the Employee Retirement Income Security
Act of 1974, 29 U. S. C. §1003, to the extent that the plan
provides medical care.
(h) "Health benefit plan" means benefits consisting of medical
care provided directly, through insurance or reimbursement, or
indirectly, including items and services paid for as medical care,
under any hospital or medical expense incurred policy or
certificate; hospital, medical or health service corporation
contract; health maintenance organization contract; or plan
provided by a multiple-employer trust or a multiple-employer
welfare arrangement. "Health benefit plan" does not include excepted benefits.
(i) "Health insurer" means an entity licensed by the
commissioner to transact accident and sickness in this state and
subject to this chapter. "Health insurer" does not include a group
health plan.
(j) "Health status-related factor" means an individual's
health status, medical condition (including both physical and
mental illnesses), claims experience, receipt of health care,
medical history, genetic information, evidence of insurability
(including conditions arising out of acts of domestic violence) or
disability.
(k) "Medical care" means amounts paid for, or paid for
insurance covering, the diagnosis, cure, mitigation, treatment or
prevention of disease, or amounts paid for the purpose of affecting
any structure or function of the body, including amounts paid for
transportation primarily for and essential to such care.
(l) "Mental health benefits" means benefits with respect to
mental health services, as defined under the terms of a group
health plan or a health benefit plan offered in connection with the
group health plan.
(m) "Network plan" means a health benefit plan under which the
financing and delivery of medical care are provided, in whole or in
part, through a defined set of providers under contract with the
health insurer.
(n) "Preexisting condition exclusion" means, with respect to
a health benefit plan, a limitation or exclusion of benefits
relating to a condition based on the fact that the condition was
present before the enrollment date for such coverage, whether or
not any medical advice, diagnosis, care or treatment was
recommended or received before the enrollment date.
The following amendment to the Banking and Insurance committee
amendment to the bill (Eng. Com. Sub. for H. B. No. 2940), from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On page two, section thirteen, line twenty-one, after the word
"Code" by changing the period to a colon and inserting the
following provisos: Provided, That for dependents ages nineteen to
twenty-five who are not full-time students, the employee shall pay
the entire cost of the coverage of the dependents and none of the
cost may be allocated to any other employees or any employer:
Provided, however, That no employee shall be required to accept
coverage for these dependents.
The question now being on the adoption of the Banking and
Insurance committee amendment to the bill, as amended, the same was
put and prevailed.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2940) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White and Tomblin (Mr. President)--30.
The nays were: Barnes, Hall and Yoder--3.
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. 2940) passed.
The following amendment to the title of the bill, from the
Committee on Banking and Insurance, was reported by the Clerk and
adopted:
Eng. Com. Sub. for House Bill No. 2940--A Bill to amend and
reenact §5-16-13 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §33-16-1a of said code, all relating to
the public employees insurance program and group accident and
sickness insurance; and increasing the age of certain dependents
for health insurance coverage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 3097, Relating to government
employees deferred compensation plans.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. House Bill No. 3141, Relating to whom assessors may issue
proof of payment of personal property taxes.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 3145, West Virginia Film
Industry Investment Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 3223, West Virginia Health
Care Authority Revolving Loan and Grant Fund.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
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)--32.
The nays were: Barnes--1.
Absent: Sharpe--1.
The bill (Eng. Com. Sub. for H. B. No. 3223) was then read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 29I. WEST VIRGINIA HEALTH CARE AUTHORITY REVOLVING LOAN
AND GRANT FUND.
§16-29I-1. Legislative findings; purpose.
(a) The Legislature hereby finds and declares that the
rationalization and restructuring of the health care delivery
system, particularly for services provided by hospitals can provide
for efficiencies and corresponding reduced costs for the delivery
and provision of health care services provided by hospitals.
Further, the Legislature finds and declares that the
rationalization and restructuring of the health care delivery
system by a hospital or combination of hospitals can, if undertaken
properly, provide health care cost savings for both public health
care funds administered or funded by the state and for private
payors and health care insurers operating within the State of West
Virginia.
(b) The Legislature further finds that state support of the
rationalization and restructuring of the delivery of hospital
services with state resources can be used to promote beneficial
cost containment restructuring for the health care delivery system in the State of West Virginia.
(c) Therefore, the purpose of this article is to provide for
a revolving loan fund to be administered and used by the board to
provide loans, including low interest or no interest loans to
hospitals or combinations of hospitals to assist in the
rationalization and restructuring of the health care delivery
system in the State of West Virginia.
§16-29I-2. Short title.
This article may be cited as the West Virginia Health Care
Authority Revolving Loan Fund Act.
§16-29I-3. Definitions.
Definitions of words and terms defined in articles two-d,
five-f and twenty-nine-b of this chapter are incorporated in this
section for the purposes of this article unless this article
contains different definitions.
(a) "Fund" means the West Virginia Health Care Authority
Revolving Loan Fund created under section four of this article.
(b) "Hospital Restructuring Plan" means a plan submitted by a
hospital or combination of hospitals to the board for review and
approval pursuant to section five of this article.
§16-29I-4. Revolving fund created.
(a) (1) The board shall create and establish a special
revolving fund of moneys made available to the fund by
appropriation, grant, contribution, loan or statutory dedication to be known as the West Virginia Health Care Authority Revolving Loan
Fund. The fund shall be governed, administered and accounted for
by the board.
(2) Any money collected pursuant to this section, including
the repayment of loans made by the board, shall be paid into the
fund by any state agent or entity charged with the collection of
the money, credited to the fund, and used only for the purposes set
forth in this article.
(b) The board may pledge revenues to the fund and from time to
time establish one or more restricted accounts within the fund for
the purpose of providing funds to guarantee loans made pursuant to
this article. No loan guarantee shall be made pursuant to this
article unless recourse under the loan guarantee is limited solely
to amounts in the restricted account or accounts. No person shall
have any recourse to any restricted accounts established pursuant
to this subsection other than those persons to whom the loan
guarantee or loan guarantees have been made.
(c) Each loan or loan guarantee made or provided by the board
from the fund shall be evidenced by a loan document, a loan
guarantee document or any other writing or document or documents as
the board may consider appropriate, between the Health Care
Authority Board and the hospital or hospitals to which the loan, or
loan guarantee, was made available or provided. The agreements
shall include, without limitation and to the extent applicable, the following provisions:
(1) The estimated total costs of the hospital restructuring
plan, the amount of the loan, or loan guarantee and the terms of
repayment and the security for the loan if any;
(2) The specific purposes for which the loan proceeds shall be
expended and the conditions and procedures for dispersing a loan
proceeds; and
(3) The duties, conditions and obligations imposed by the
board upon the hospital or hospitals regarding the hospital
restructuring plan.
(d) Moneys in the fund shall be approved for expenditure by
the Health Care Authority Board only as the moneys are available in
the fund. Approval of expenditures by the board may occur without
appropriation by the Legislature prior to the first day of July,
two thousand eight. After the first day of July, two thousand
eight, expenditures from the fund shall be made by the board only
pursuant to available amounts appropriated by the Legislature.
§16-29I-5. Use of revolving loan funds by loan hospital
restructuring plans.
A hospital or combination of hospitals, whether or not related
by common ownership or management, may submit to the board for its
approval, a hospital restructuring plan which provides for the
rationalization and restructuring of health care delivery services
provided by the hospital or combination of hospitals. The submission of a hospital restructuring plan or plans by a hospital
or a combination of hospitals shall be in a form and manner
authorized by the board and shall include the following
information:
(1) The sponsoring hospital or combination of hospitals
submitting the hospital restructuring plan;
(2) All financial information required by the board relevant
to an analysis of the proposed hospital restructuring plan and the
subsequent delivery of impacted services;
(3) An estimate of savings and the methodologies used to
calculate those savings for both public and private health care
payors attributable to the implementation of the hospital
restructuring plan;
(4) The amount of any loan requested by the hospital or
combination of hospitals and the purposes for which any loan will
be used by the hospital or combination of hospitals, to implement
the hospital restructuring plan;
(5) An identification of any other benefits or enhancements of
services provided by the hospital or combination of hospitals
attributable to the implementation of the hospital restructuring
plan; and
(6) Any other relevant information requested by the board
necessary to review and analyze the submitted hospital
restructuring plan.
§16-29I-6. Review of hospital restructuring plans.
(a) The board shall review and may approve or reject hospital
restructuring plans submitted to it from time to time. Upon
approval of any submitted plan, the board may in its sole
discretion provide from the fund a loan, low-interest loan or no-
interest loan, in a form and on those terms and conditions as the
board considers appropriate to assist in the implementation of the
hospital restructuring plan. Prior to approving any plan, the
board shall make a factual determination that the implementation of
the hospital restructuring plan will rationalize and restructure
the delivery of health care services provided by the hospital or
combination of hospitals submitting the plan, and shall further
determine that the implementation of the plan will provide a cost
savings for hospital services delivered by the hospital or
combination of hospitals for both public and private health care
payors.
(b) The board may approve hospital restructuring plans and
loans from the revolving fund contingent upon any conditions
considered necessary by the board to assure the repayment of any
loan, which may include, but need not be limited to, the successful
implementation of the cost containment objectives of any hospital
restructuring plan.
(c) The board may withhold future rate approvals, certificates
of need and rural health system loans and grants if any of the terms or conditions of the loan provided by the board are not
subsequently satisfied or met by the hospital or combination of
hospitals receiving the loan from the fund.
§16-29I-7. Temporary exemption for approval process.
The board may conduct any hearing or hearing it considers
necessary for the consideration of hospital restructuring plans:
Provided, That both the application consideration process and the
loan approval process provided for in this article and undertaken
by the board and completed prior to the first day of July, two
thousand eight, are exempt from the requirements of articles two-d
and twenty-nine-b of this chapter for holding hearings upon the
written demand of any person alleging that they are interested in
or affected by any act or failure to act by the board pursuant to
article twenty-nine-b of this chapter.
§16-29I-8. Review of final decisions of board.
A final decision of the board accepting or rejecting a
hospital restructuring plan submitted pursuant to the terms of this
article shall, upon request of the hospital or combination of
hospitals making application of the plan, be reviewed and approved
pursuant to the provisions of article twenty-nine-b of this
chapter: Provided, That no appeal or review authority shall have
the authority or jurisdiction to require the board to provide or
alter the conditions of any loan.
§16-29I-9. Rule-making authority.
The board may propose rules, including emergency rules, for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code, to implement and make
effective the powers, duties and responsibilities contained in this
article.
§16-29I-10. Annual report.
The board shall within thirty days following the close of the
fiscal year, or from time to time as requested by the Legislature,
prepare and transmit to the Governor and the Legislative Oversight
Commission on Health and Human Resources Accountability, a report
of its operations and activities for the preceding year regarding
the consideration, denial or approval of hospital restructuring
plans and any loans made pursuant to the approval of the plans.
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
3223) was then read a third time and 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 present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3223) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 3223--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §16-29I-1, §16-29I-2, §16-29I-3, §16-29I-4,
§16-29I-5, §16-29I-6, §16-29I-7, §16-29I-8, §16-29I-9 and §16-29I-
10, all relating to creating a revolving loan fund to be
administered by the West Virginia Health Care Authority Board to
provide loans to assist hospitals in the rationalization and
restructuring of their health care delivery systems; setting forth
the criteria and conditions for approving hospital restructuring
plans and loans from the revolving funds; and providing the Health
Care Authority Board with reporting responsibilities and rule-
making authority to implement the provisions of the new article.
Senator Chafin moved that the bill take effect from passage.
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 H. B. No. 3223) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the 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. 438, Relating to Investment Management
Board.
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 clause and
inserting in lieu thereof the following:
That §12-6-2, §12-6-4, §12-6-5, §12-6-9c, §12-6-12 and §12-6-
14 of the Code of West Virginia, 1931, as amended, be amended and
reenacted; and that said code be amended by adding thereto a new section, designated §12-6-18, all to read as follows:
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 6. WEST VIRGINIA INVESTMENT MANAGEMENT BOARD.
§12-6-2. Definitions.
As used in this article, unless a different meaning clearly
appears from the context:
(1) "Beneficiaries" means those individuals entitled to
benefits from the participant plans;
(2) "Board" means the governing body for the West Virginia
Investment Management Board and any reference elsewhere in this
code to board of investments or West Virginia trust fund means the
board as defined in this subdivision;
(3) "Consolidated fund" means the investment fund managed by
the board and established pursuant to subsection (a), section eight
of this article;
(4) (3) "401(a) plan" means a plan which is described in
section 401(a) of the Internal Revenue Code of 1986, as amended,
and with respect to which the board has been designated to hold
assets of the plan in trust pursuant to the provisions of section
nine-a of this article;
(5) (4) "Local government funds" means the moneys of a
political subdivision, including policemen's pension and relief
funds, firemen's pension and relief funds and volunteer fire
departments, transferred to the board for deposit;
(6) (5) "Participant plan" means any plan or fund subject now
or hereafter to subsection (a), section nine-a, article six of this
chapter;
(7) (6) "Political subdivision" means and includes a county,
municipality or any agency, authority, board, county board of
education, commission or instrumentality of a county or
municipality and regional councils created pursuant to the
provisions of section five, article twenty-five, chapter eight of
this code;
(8) (7) "Trustee" means any member serving on the West
Virginia Investment Management Board: Provided, That in section
nine-a of this article in which the terms of the trusts are set
forth, "trustee" means the West Virginia Investment Management
Board;
(9) (8) "Securities" means all bonds, notes, debentures or
other evidences of indebtedness and other lawful investment
instruments; and
(10) (9) "State funds" means all moneys of the state which may
be lawfully invested except the "school fund" established by
section four, article XII of the state constitution.
§12-6-4. Management and control of fund; officers; staff;
fiduciary or surety bonds for trustees; liability of
trustees.
(a) The management and control of the board shall be vested solely in the trustees in accordance with the provisions of this
article.
(b) The Governor shall be the chairman of the board and the
trustees shall elect a vice chairman who may not be a
constitutional officer or his or her designee to serve for a term
of two years. Effective with any vacancy in the vice chairmanship,
the board shall elect a vice chairman to a new two-year term. The
vice chairman shall preside at all meetings in the absence of the
chairman. Annually, the trustees shall elect a secretary, who need
not be a member of the board, to keep a record of the proceedings
of the board.
(c) The trustees shall appoint a chief executive officer of
the board and shall fix his or her duties and compensation. The
chief executive officer shall have five years' experience in
investment management with public or private funds within the ten
years next preceding the date of appointment. The chief executive
officer additionally shall have academic degrees, professional
designations and other investment management or investment
oversight or institutional investment experience in a combination
the trustees consider necessary to carry out the responsibilities
of the chief executive officer position as defined by the trustees.
(d) The trustees shall retain an internal auditor to report
directly to the trustees and shall fix his or her compensation.
The internal auditor shall be a certified public accountant with at least three years experience as an auditor. The internal auditor
shall develop an internal audit plan, with board approval, for the
testing of procedures and the security of transactions.
(e) The board shall procure and maintain in effect
commercially customary property, liability, crime and other
insurance to cover risks of loss from its operations. The types
and amounts of the insurance coverages shall be determined by the
board, from time to time, in its reasonable discretion, with
reference to the types and amounts of insurance coverages purchased
or maintained by other public institutions performing functions
similar to those performed by the board: Provided, That the board
shall purchase a blanket bond for the faithful performance of its
duties in the amount of at least ten million dollars. Each trustee
shall give a separate fiduciary or surety bond from a surety
company qualified to do business within this state in a penalty
amount of one million dollars for the faithful performance of his
or her duties as a trustee. The board shall purchase a blanket
bond for the faithful performance of its duties in the amount of
fifty million dollars or in an amount equivalent to one percent of
the assets under management, whichever is greater. The amount of
the blanket bond is in addition to the one million dollar
individual bond required of each trustee by the provisions of this
section. The board may require that appropriate types and amounts
of insurance be procured and maintained by, or a fiduciary or surety bond from a surety company qualified to do business in this
state for, any person who has charge of, or access to, any
securities, funds or other moneys held by the board and the amount
of the fiduciary or surety bond shall be fixed by the board. The
premiums payable on any insurance or all fiduciary or surety bonds
that the board may require from time to time shall be an expense of
the board. In connection with the duties of the board under this
subsection, the board may establish, fund and maintain a self-
insurance account. If established, the board shall deposit and
maintain moneys in the self-insurance account in amounts as may be
determined by the board in consultation with one or more qualified
insurance or actuarial consultants, and all moneys in any self-
insurance account may be used only for the purpose of providing
self-insurance, establishing reserves in connection with insurance
deductibles, self-insured retentions or self-insurance, or helping
to defray the costs of insurance procured under this subsection,
and for no other purpose. The board may procure any and all
insurance coverages and bonds deemed appropriate by the board or
required by the provisions of this article, either through the
state board of risk and insurance management or in the commercial
markets, in the discretion of the board.
(f) The trustees and employees of the board are not liable
personally, either jointly or severally, for any debt or obligation
created by the board: Provided, That the trustees and employees of the board are liable for acts of misfeasance or gross negligence.
(g) The board is exempt from the provisions of sections seven
and eleven, article three, chapter twelve of this code and article
three, chapter five-a of said code: Provided, That the trustees
and employees of the board are subject to purchasing policies and
procedures which shall be promulgated by the board. The purchasing
policies and procedures may be promulgated as emergency rules
pursuant to section fifteen, article three, chapter twenty-nine-a
of this code.
(h) Any employee of the West Virginia Trust Fund who
previously was an employee of another state agency may return to
the Public Employees Retirement System pursuant to section
eighteen, article ten, chapter five of this code and may elect to
either: (1) Transfer to the Public Employees Retirement System his
or her employee contributions, with accrued interest and, if
vested, his or her employer contributions, with accrued interest
and retain as credited state service all time served as an employee
of the West Virginia Trust Fund; or (2) retain all employee
contributions with accrued interest and, if vested, his or her
employer contributions with interest and forfeit all service credit
for the time served as an employee of the West Virginia Trust Fund.
§12-6-5. Powers of the board.
The board may exercise all powers necessary or appropriate, in
accordance with the provisions of the "West Virginia Uniform Prudent Investor Act," codified as article six-c, chapter forty-
four of this code, and section eleven of this article, to carry out
and effectuate its corporate purposes. The board may: , including
but not limited to the power to:
(1) Adopt and use a common seal and alter it at pleasure;
(2) Sue and be sued;
(3) Enter into contracts and execute and deliver instruments;
(4) Acquire (by purchase, gift or otherwise), hold, use and
dispose of real and personal property, deeds, mortgages and other
instruments;
(5) Promulgate and enforce bylaws and rules for the management
and conduct of its affairs;
(6) Notwithstanding any other provision of law, retain and
employ legal, accounting, financial and investment advisors and
consultants;
(7) Acquire (by purchase, gift or otherwise), hold, exchange,
pledge, lend and sell or otherwise dispose of securities and invest
funds in interest earning deposits and in any other lawful
investments;
(8) Maintain accounts with banks, securities dealers and
financial institutions both within and outside this state;
(9) Engage in financial transactions whereby securities are
purchased by the board under an agreement providing for the resale
of the securities to the original seller at a stated price;
(10) Engage in financial transactions whereby securities held
by the board are sold under an agreement providing for the
repurchase of the securities by the board at a stated price;
(11) Consolidate and manage moneys, securities and other
assets of the other funds and accounts of the state and the moneys
of political subdivisions which may be made available to it under
the provisions of this article;
(12) Enter into agreements with political subdivisions of the
state whereby moneys of the political subdivisions are invested on
their behalf by the board;
(13) Charge and collect administrative fees from political
subdivisions for its services;
(14) Exercise all powers generally granted to and exercised by
the holders of investment securities with respect to management of
the investment securities;
(15) Contract with one or more banking institutions in or
outside the state for the custody, safekeeping and management of
securities held by the board;
(16) Make and, from time to time, amend and repeal bylaws,
rules and procedures not inconsistent consistent with the
provisions of this article;
(17) Hire its own employees, consultants, managers and
advisors as it considers necessary and fix their compensation and
prescribe their duties;
(18) Develop, implement and maintain its own banking accounts
and investments;
(19) Do all things necessary to implement and operate the
Board and carry out the intent of this article;
(20) Upon request of the State Treasurer, transmit funds for
deposit in the State Treasury to meet the daily obligations of
state government;
(21) Establish one or more investment funds for the purpose of
investing the funds for which it is trustee, custodian or otherwise
authorized to invest pursuant to this article. Interests in each
fund shall be designated as units and the board shall adopt
industry standard accounting procedures to determine each fund`s
unit value. The securities in each investment fund are the
property of the board and each fund shall be considered an
investment pool or fund and may not be considered a trust nor may
the securities of the various investment funds be considered held
in trust. However, units in an investment fund established by or
sold by the board and the proceeds from the sale or redemption of
any unit may be held by the board in its role as trustee of the
participant plans; and
(22) Notwithstanding any other provision of the code to the
contrary, conduct investment transactions, including purchases,
sales, redemptions and income collections, which shall not be
treated by the State Auditor as recordable transactions on the state's accounting system.
§12-6-9c. Authorization of additional investments.
Notwithstanding the restrictions which may otherwise be
provided by law with respect to the investment of funds, the board,
all administrators, custodians or trustees of pension funds other
than the board, each political subdivision of this state and each
county board of education is authorized to invest funds in the
securities of or any other interest in any investment company or
investment trust registered under the Investment Company Act of
1940, 15 U. S. C. §80a, the portfolio of which is limited: (i) To
obligations issued by or guaranteed as to the payment of both
principal and interest by the United States of America or its
agencies or instrumentalities; and (ii) to repurchase agreements
fully collateralized by obligations of the United States government
or its agencies or instrumentalities: Provided, That the
investment company or investment trust takes delivery of the
collateral either directly or through an authorized custodian:
Provided, however, That the investment company or investment trust
is rated within one of the top two rating categories of any
nationally recognized rating service such as Moody's or Standard &
Poor's.
§12-6-12. Investment restrictions.
(a) The board shall hold in non-real estate equity investments
no more than sixty seventy-five percent of the assets managed by the board and no more than sixty seventy-five percent of the assets
of any individual participant plan or the consolidated fund.
(b) The board shall hold in real estate equity investments no
more than twenty-five percent of the assets managed by the board
and no more than twenty-five percent of the assets of any
individual participant plan: Provided, That any such investment be
only made upon the recommendation by a professional, third-party
fiduciary investment adviser registered with the Securities and
Exchange Commission under the Investment Advisors Act of 1940, as
amended, upon the approval of the board, and upon the execution of
the transaction by a third-party investment manager: Provided,
however, That the board's ownership interest in any fund is less
than forty percent of the fund's assets at the time of purchase:
Provided further, that the combined investment of institutional
investors, other public sector entities, and educational
institutions and their endowments and foundations in the fund is in
an amount equal to or greater than fifty percent of the board's
total investment in the fund, at the time of acquisition. For the
purposes of this subsection, "fund" means a real estate investment
trust traded on a major exchange of the United States of America,
or a partnership, limited partnership, limited liability company or
other entity holding or investing in related or unrelated real
estate investments, at least three of which are unrelated and the
largest of which is not greater than forty percent of the entity's holdings, at the time of purchase.
(b) (c) The board shall hold in international securities no
more than twenty thirty percent of the assets managed by the board
and no more than twenty thirty percent of the assets of any
individual participant plan or the consolidated fund.
(c) (d) The board may not at the time of purchase hold more
than five percent of the assets managed by the board in the non-
real estate equity securities of any single company or association:
Provided, That if a company or association has a market weighting
of greater than five percent in the Standard & Poor's 500 index of
companies, the board may hold securities of that non-real estate
equity equal to its market weighting.
(d) The board shall at all times limit its asset allocation
and types of securities to the following:
(1) The board may not hold more than twenty percent of the
aggregate participant plan assets in commercial paper. Any
commercial paper at the time of its acquisition shall be in one of
the two highest rating categories by an agency nationally known for
rating commercial paper;
(2) At no time shall the board hold more than seventy-five
percent of the assets managed by the board in corporate debt. Any
corporate debt security at the time of its acquisition shall be
rated in one of the six highest rating categories by a nationally
recognized rating agency; and
(3) (e) No security may be purchased by the board unless the
type of security is on a list approved by the board. The board may
modify the securities list at any time and shall give notice of
that action pursuant to subsection (g), section three of this
article and shall review the list at its annual meeting.
(e) (f) Notwithstanding the investment limitations set forth
in this section, it is recognized that the assets managed by the
board, or the assets of the consolidated fund or participant plans,
whether considered in the aggregate or individually, may
temporarily exceed the investment limitations in this section due
to market appreciation, depreciation and rebalancing limitations.
Accordingly, the limitations on investments set forth in this
section shall not be considered to have been violated if the board
rebalances the assets it manages or the assets of the consolidated
fund or participant plans, whichever is applicable, to comply with
the limitations set forth in this section at least once every six
twelve months based upon the latest available market information
and any other reliable market data that the board considers
advisable to take into consideration, except for those assets
authorized by subsection (h) of this section, for which compliance
with the percentage limitations shall be measured at such time as
the investment is made.
(f) (g) The board, at the annual meeting provided for required
in subsection (h), section three of this article, shall review, establish and modify, if necessary, the investment objectives of
the individual participant plans as incorporated in the investment
policy statements of the respective trusts so as to provide for the
financial security of the trust funds giving consideration to the
following:
(1) Preservation of capital;
(2) Diversification;
(3) Risk tolerance;
(4) Rate of return;
(5) Stability;
(6) Turnover;
(7) Liquidity; and
(8) Reasonable cost of fees.
(h) In addition to any and all other investment authority
granted to the board by this article, the board is expressly
authorized to invest no more than fifteen percent of the assets
managed by the board, and no more than fifteen percent of the
assets of any individual participant plan, or any other endowment
or other fund managed by the board, as measured at the time of the
investment, in any one or more classes, styles or strategies of
alternative investments suitable and appropriate for investment by
the board. A suitable and appropriate alternative investment is a
private equity fund such as a venture capital, private real estate
or buy-out fund; commodities fund; distressed debt fund; mezzanine debt fund; fixed income arbitrage fund; put or call on an
individual security purchased for the purpose of hedging an
authorized investment position; or fund consisting of any
combination of private equity, distressed or mezzanine debt, fixed
income arbitrage investments, private real estate, commodities and
other types and categories of investment permitted under this
article as well as puts and calls intended to hedge the fund's
investments: Provided, That any such investment be only made upon
the recommendation by a professional, third-party fiduciary
investment adviser registered with the Securities and Exchange
Commission under the Investment Advisors Act of 1940, as amended,
upon the approval of the board, and upon the execution of the
transaction by a third-party investment manager: Provided, however,
That if the standard confidentiality agreements, policies or
procedures of any firm, company or organization through which the
board invests in securities prohibit, restrict or limit the
disclosure of information pertaining to the securities, the
information shall be exempt from disclosure, under the provisions
of chapter twenty-nine-b of this code or otherwise, to the extent
of the prohibitions, restrictions or limitations: Provided
further, That the board's ownership interest in any fund is less
than forty percent of the fund's assets at the time of purchase:
And provided further, That the combined investment of institutional
investors, other public sector entities, and educational institutions and their endowments and foundations in the fund is in
an amount equal to or greater than fifty percent of the board's
total investment in the fund, at the time of acquisition. For the
purposes of this subsection, "fund" means a partnership, limited
partnership, limited liability company or other form of entity
holding or investing in a collection of related or unrelated
investments, at least three of which are unrelated and the largest
of which is not greater than forty percent of the fund's
composition, at the time of purchase. To facilitate access to
markets, control, manage or diversify portfolio risk, or enhance
performance or efficiency in connection with investments in
alternative investments and all other types and categories of
investment permitted under this article, the board may enter into
commercially customary and prudent market transactions consistent
with the laws of the state: Provided, That neither the purpose nor
the effect of such transactions may materially increase market risk
or market exposure of the total portfolio of investments as
adjusted from time to time by the board. The investments described
in this subsection are subject to the requirements, limitations and
restrictions set forth in this subsection of this section, and the
standard of care set forth in section eleven of this article, but
are not subject to any other limitations or restrictions set forth
elsewhere in this article or code.
§12-6-14. Reports of board; legislative audits, reviews and studies.
(a) The board shall prepare annually, or more frequently if
deemed considered necessary by the board, a report of its
operations and the performance of the various funds administered by
it. The report shall include all operational costs, including but
not limited to investment advisor fees, transaction costs, custody
fees, and administrative salaries and costs.
(b) A copy thereof shall be furnished to the chief financial
officer of each participant,.
(c) Within the first seven calendar days of each calendar
year, the board shall file the annual report with the Joint
Committee on Government and Finance, with copies to the president
of the senate, speaker of the house, and legislative auditor,.
(d) and upon Upon request, the report shall be made available
to any legislative committee, any banking institution or state or
federal savings and loan association in this state, and any member
of the news media,. and such The report shall be kept available for
inspection by any citizen of this state.
(e) The board shall cooperate with any legislative audits,
performance and consultant reviews and studies of the board as may
be directed by the Joint Committee on Government and Finance.
§12-6-18. Liberal construction.
This article, being necessary to secure the public health,
safety, convenience and welfare of the citizens of this state, shall be liberally construed to effect the public purposes of this
article. The powers granted to the board in this article,
including, without limitation, those granted in section five of
this article, are intended to be broad and shall be construed
broadly so as to vest in the board the power and authority
necessary or appropriate to carry out and effectuate its corporate
purposes in the financial markets of the world, as the same may
evolve from time to time, at all times in a fashion consistent with
the prudent investor standard as provided by the "West Virginia
Uniform Prudent Investor Act", codified as article six-c, chapter
forty-four of this code, and section eleven of this article.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendment to the bill (Eng. S. B. No. 438) 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.
The Senate again proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Concurrent Resolution No. 61, Authorizing issuance of
revenue bonds to fund capital improvements for state community and
technical colleges.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 69, Requesting Joint
Committee on Government and Finance study statutory provisions for
annexation of unincorporated municipal corporations.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 76 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study laws and administrative procedures
relating to improving the state's response to the problem of
operating a motor vehicle while under the influence of alcohol or
controlled substances.
Whereas, People operating motor vehicles while impaired by
alcohol or controlled substances threaten the safety of all West
Virginians; and
Whereas, In 2006, a significant percentage of roadway crashes
in West Virginia were alcohol- or controlled substance-related with
over 100 fatalities and thousands of persons injured; and
Whereas, Accidents caused by alcohol- or controlled substance-
impaired drivers cost the state and its citizens great economic
loss each year; and
Whereas, The Legislature is charged with making our roadways
safer through the enactment of laws to regulate the operation of
vehicles; and
Whereas, Reducing alcohol- and controlled substance-related
driving remains a great challenge and input is needed from public
agencies, nonprofit organizations and the general public in order
to fully identify the issues and determine functional solutions;
and
Whereas, It is in the best interest of the state and its
citizens that the most effective means of prevention, punishment
and rehabilitation be utilized to reduce alcohol- and controlled
substance-related driving; and
Whereas, A comprehensive study of the laws and administrative
procedures related to driving under the influence has not been
undertaken during legislative interims for some time; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is
requested to study laws and administrative procedures relating to
improving the state's response to the problem of operating a motor
vehicle while under the influence of alcohol or controlled
substances; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the resolution (S. C. R. No. 76) contained in the
preceding report from the Committee on the Judiciary was taken up for immediate consideration.
On motion of Senator Kessler, the resolution was referred to
the Committee on Rules.
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. 2048, Clarifying public
library board service areas as determined by the Library
Commission.
And has amended same.
Eng. Com. Sub. for House Bill No. 2181, Requiring that annual
reports be recorded on CD-Rom for distribution.
And has amended same.
And,
Eng. House Bill No. 3006, Limiting the number of terms a
member of the Board of Physical Therapy may serve.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2048, Eng. Com.
Sub. for H. B. No. 2181 and Eng. H. B. No. 3006) contained in the
preceding report from the Committee on Government Organization were
each taken up for immediate consideration, read a first time and
ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2130, Eliminating any reduction in the
benefit of a deputy sheriff who is disabled on the job.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 2130) 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. 2406, Providing that in the
event a yearling was born in another state and transported to this state, the definition of "Raiser of an accredited West Virginia
horse" does not apply to any pari-mutuel racing facility in
Jefferson County.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2406) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with amendments from
the Committee on the Judiciary pending.
Senator 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. 2498, Relating to sexual
offenses involving children.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 3094, Prohibiting county and
district school officers, teachers and school officials from having
a pecuniary interest in certain contracts.
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. 2498 and 3094)
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 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. 2525, Extending the
termination of the West Virginia statewide addressing and mapping
board.
And,
Eng. House Bill No. 2710, Relating to the elimination of the
licensure exemption for certain contractors of manufactured housing installation.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 2525 and Eng. H.
B. No. 2710) contained in the preceding report from the Committee
on Government Organization were each taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. 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.
With amendments from the Committee on Education pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 6, 2007;
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
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. 2571, Clarifying the deadline for
redeeming delinquent lands.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2571) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2745, Increasing the fine for furnishing
alcohol to persons under 21 years of age.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2745) 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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 2781, Modifying the statutory limitation
on the length of school buses.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. H. B. No. 2781) 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 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. 2918, Authorizing county
boards of education to pay five hundred dollars to any service
employee who gives notification of resignation or retirement.
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,
Robert H. Plymale,
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 Education.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2918) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. House Bill No. 2933, Exempting for nursing licensing provisions the care of the sick when done in connection with the
practice of religious tenets.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. House Bill No. 2944, Enhancing the end-of-life care given
to residents of nursing homes.
And,
Eng. House Bill No. 3057, Relating to programs for
all-inclusive care of the elderly, known as "PACE".
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bills (Eng. H. B. Nos. 2944 and 3057) contained in the
preceding report from the Committee on Health and Human Resources
were each taken up for immediate consideration, read a first time
and ordered to second reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 3220, Relating to medical
qualifications of school bus operators.
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 Education.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3220) contained in
the preceding report from the Committee on Health and Human
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
Education.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Barnes, unanimous consent being
granted, it was ordered that the Journal show had Senator Barnes
been present in the chamber on Wednesday, March 7, 2007, he would
have voted "yea" on the passage of Engrossed Committee Substitute
for House Bill No. 2777.
At the respective requests of Senators Plymale and Prezioso,
the names of Senators Plymale and Prezioso were removed as sponsors
of Engrossed Senate Bill No. 760 (Changing legislators'
compensation and expenses).
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, Friday, March 9, 2007, at 11 a.m.
____________