WEST
VIRGINIA LEGISLATURE
SENATE
JOURNAL
EIGHTY-THIRD
LEGISLATURE
REGULAR
SESSION, 2017
____________
Charleston, West Virginia, Monday, April 3,
2017
The Senate met at
(Senator Carmichael, Mr. President, in the
Chair.)
Prayer was offered by the Reverend Dr.
Melissa Pratt, Teays Valley Church of God, Scott Depot, West Virginia.
The Senate was then led in recitation of the
Pledge of Allegiance by the Honorable
Pending the reading of the Journal of
Saturday, April 1, 2017,
At the request of Senator
The Senate proceeded to the second order of
business and the introduction of guests.
The Senate then proceeded to the
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the passage of
Eng. Com. Sub. for Senate Bill 5,
Disqualifying CDL for DUI conviction in certain cases.
A message
from The Clerk of the House of Delegates announced the amendment by that body
to the title of bill, passage as amended, to take effect
Eng. Com. Sub. for Senate Bill 151,
Authorizing Department of Administration promulgate legislative rules.
On motion of
Senator
The
following House of Delegates
Eng. Com. Sub. for Senate Bill 151?A Bill to
amend and reenact ?64-2-1 and ?64-2-2 of the Code of West Virginia, 1931, as
amended, all relating generally to promulgation of administrative rules by the
Department of Administration; legislative mandate or authorization for
promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing the Board of Risk and
Insurance Management to promulgate a legislative rule relating to the Patient
Injury Compensation Fund; authorizing the Board of Risk and Insurance
Management to promulgate a legislative rule relating to mine subsidence
insurance; and authorizing the Ethics Commission to promulgate a legislative
rule relating to the use of office for private gain, including nepotism.
On motion of Senator Ferns, the following
amendment to the House of Delegates amendment to the title of the bill was reported by the Clerk and adopted:
Eng.
Com. Sub. for Senate Bill 151?A
Bill to amend and reenact ?64-2-1 and ?64-2-2 of the Code of West Virginia,
1931, as amended, all relating generally to the promulgation of legislative
rules by various executive or administrative agencies of the state; authorizing
certain agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-Making
Review Committee; authorizing the Board of Risk and Insurance Management to
promulgate a legislative rule relating to the Patient Injury Compensation Fund;
authorizing the Board of Risk and Insurance Management to promulgate a
legislative rule relating to mine subsidence insurance; and authorizing the
Ethics Commission to promulgate a legislative rule relating to the use of
office for private gain, including nepotism.
On motion of Senator Ferns, the Senate
concurred in the House of Delegates amendment, as amended.
Engrossed Committee Substitute for Senate
Bill 151, as amended, was then put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch,
Hall, Jeffries, Karnes, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Mann?1.
So, a majority of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. Com. Sub. for S. B. 151) passed with its Senate amended title.
Senator Ferns moved that the bill take
effect from passage.
On this question, the yeas were: Azinger,
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (Mr. President)?33.
The nays were: None.
Absent: Mann?1.
So, two thirds of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. Com. Sub. for S. B. 151) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
A message
from The Clerk of the House of Delegates announced the amendment by that body,
passage as amended, and requested the concurrence of the Senate in the House of
Delegates
Eng. Com. Sub. for Senate Bill 206, Expanding
definition of ?kidnapping? to include taking or gaining custody of, confining
or concealing person by force.
On motion of
Senator
The
following House of Delegates
On page one,
section fourteen-a, line six, after the word ?person:? by inserting the word ?or?.
On motion of
Senator
Engrossed
On the
passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso,
Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann,
Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano,
Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel
and Carmichael (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.
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
Eng. Com. Sub. for Senate Bill 214, Adopting
Uniform Electronic Legal Material Act.
On motion of
Senator
The
following House of Delegates
On page
On motion of
Senator
Engrossed
On the
passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso,
Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann,
Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano,
Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel
and Carmichael (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.
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
Eng. Com. Sub. for Com. Sub. for Senate Bill 222, Relating
to disqualification for unemployment benefits.
On motion of
Senator
The
following House of Delegates
On page
On motion of
Senator
Engrossed
Pending
discussion,
The question
being ?Shall Engrossed
On the
passage of the bill, the yeas were: Azinger, Blair, Boley, Boso, Clements,
Cline, Ferns, Gaunch, Hall, Karnes, Mann, Maroney, Maynard, Mullins, Rucker,
Smith, Swope, Sypolt, Takubo, Trump, Weld and Carmichael (Mr. President)?22.
The nays
were: Beach, Facemire, Jeffries, Miller, Ojeda, Palumbo, Plymale, Prezioso,
Romano, Stollings, Unger and Woelfel?12.
Absent:
None.
So, a
majority of all the members elected to the Senate having voted in the
affirmative, the President declared the bill (Eng.
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
to the title of the bill, passage as amended, to take effect
Eng. Com. Sub. for Senate Bill 225, Allowing
magistrates to conduct proceeding for temporary emergency protective order
dealing with temporary custody by family court.
On motion of
Senator
The
following House of Delegates
Eng. Com. Sub. for Senate Bill 225?A Bill to
amend and reenact ?48-27-402 of the Code of West Virginia, 1931, as amended,
relating to including custody cases in
those types of cases in which a magistrate may only enter certain types of
relief if a family court has previously entered a temporary order.
On motion of
Senator
Engrossed
On the
passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso,
Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann,
Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano,
Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel
and Carmichael (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.
Senator
On this
question, the yeas were: Azinger, Beach, Blair, Boley, Boso, Clements, Cline,
Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith,
Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael
(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.
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
to the title of the bill, passage as amended, and requested the concurrence of
the Senate in the House of Delegates
Eng. Com. Sub. for Senate Bill 261, Relating
to increasing salary or wages of judgment debtor.
On motion of
Senator
The
following House of Delegates
Eng. Com. Sub. for Senate Bill 261?A Bill to
amend and reenact ?38-5A-3 of the Code of West Virginia, 1931, as amended; and
to amend and reenact ?38-5B-2 of said code, all relating to suggestions of
salary and wages of judgment debtors; removing the requirement of including the
last four digits of the Social Security number of the judgment debtor in the
suggestion execution in private employment; increasing the amount of salary or
wages of persons from the state, a state agency or any political subdivision of
the state from thirty times the federal minimum hourly wage then in effect to
fifty times the federal minimum hourly wage then in effect; requiring judgment
creditor to provide personal information about the judgment debtor including,
to the extent available, the present address and date of birth of the judgment
debtor in the suggestee execution; and making technical changes.
On motion of
Senator
Engrossed
On the
passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso,
Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann,
Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano,
Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel
and Carmichael (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.
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
Eng. Com. Sub. for Senate Bill 419, Creating
special revenue fund sources for Division of Labor to meet statutory
obligations.
On motion of
Senator
The
following House of Delegates
By striking out
everything after the enacting clause and inserting in lieu thereof the
following:
That
?21-3-7 of the Code of West Virginia, 1931, as amended be amended and
reenacted; that ?21-3C-11 of said code be amended and reenacted; that ?21-3D-8
of said code be amended and reenacted; that ?21-5-5c of said code be amended
and reenacted; that ?21-14-9 of said code be amended and reenacted; that
?21-16-10 of said code be amended and reenacted; that ?47-1-8, ?47-1-20,
?47-1-21 and ?47-1-22 of said code be amended and reenacted; and that ?47-1A-10
and ?47-1A-14 of said code be amended and reenacted, all to read as follows:
cHAPTER 21. LABOR.
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
?21-3-7.
Regulation of operation of steam boilers.
(a) Any person
owning or operating a steam boiler carrying more than fifteen pounds pressure
per square inch (except boilers on railroad locomotives subject to inspection
under federal laws, portable boilers used for agricultural purposes, boilers on
automobiles, boilers of steam fire engines brought into the state for temporary
use in times of emergency for the purpose of checking conflagrations, boilers
used in private residences which are used solely for residential purposes, any
sectional boilers, small portable boilers commonly used in the oil and gas
industry about their wells and tool houses, and boilers under the jurisdiction
of the United States) in this state shall first obtain a permit to operate a
steam boiler from the Commissioner of Labor, or from an inspector working under
his or her jurisdiction.
(b)
Applications for permits to operate a steam boiler must be accompanied by a
sworn statement made by the owner or operator of such boiler, setting forth the
condition of the boiler and its appurtenances at which time, if the facts disclosed
by such statement meet the safety requirements established under this article,
the Commissioner of Labor shall issue a temporary permit, which shall be valid
until such boiler has been inspected by a boiler inspector authorized by the
State Commissioner of Labor; thereupon, if the boiler meets the safety
requirements established under this article, the Commissioner of Labor shall
issue an annual permit to operate such steam boiler: Provided, That
boilers which are insured by an insurance company operating in this state and
which are inspected by such insurance company?s boiler inspector shall not be
subject to inspection by the state department Division of Labor,
during any twelve months? months period during which an
inspection is made by the insurance company?s boiler inspector.
(c) The
Commissioner of Labor or state boiler inspector shall have the authority to
inspect steam boilers in this state. To carry out the provisions of this
section, the Commissioner of Labor shall prescribe rules and regulations under
which boilers may be constructed and operated, according to their class. The
Commissioner of Labor shall be authorized to may revoke any
permit to operate a steam boiler if the rules prescribed by the Commissioner of
Labor, or his or her authorized representative, are violated or if a
condition shall prevail which is hazardous to the life and health of persons
operating or employed at or around the boiler. Any person or corporation who
shall operate a steam boiler for which a permit is necessary under the
provisions of this section, without first obtaining such permit to operate a
steam boiler, shall be is guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than $100 nor more than $500. Every
day a steam boiler requiring a permit to operate is operated without such
the permit shall be considered is a separate offense.
(d) The
commissioner may charge such fee as he determines reasonable shall
charge an annual fee to be established by legislative rule for the
inspection of boilers by the department of labor boiler inspector of
the commissioner?s authorized boiler inspection agency division, for
the processing of inspection reports from insurance companies, for the
issuing of annual permits to operate boilers and for the
commissioning of insurance company boiler inspectors. Such fees shall
be established by a rule promulgated in accordance with the provisions of
chapter twenty-nine-a of this code The commissioner shall propose rules
for legislative approval, in accordance with article three, chapter
twenty-nine-a of this code for the implementation and enforcement of this
section. No fee shall may be charged for the inspection of
boilers used on mobile equipment or vehicles used for occasional entertainment
or display purposes.
(e) All
moneys collected pursuant to this section shall be deposited in a special
account in the State Treasury to be known as the ?Steam Boiler Fund? to be
administered by the Commissioner of Labor. Expenditures from the fund shall be
for the purposes set forth in this section and are not authorized from
collections but are to be made only in accordance with appropriation by the
Legislature and in accordance with the provisions of article three, chapter
twelve of this code and upon fulfillment of the provisions of article two,
chapter eleven-b of this code: Provided, That
for the fiscal year ending the thirtieth day of June, two thousand eighteen,
expenditures are authorized from collections rather than pursuant to
appropriation by the Legislature.
ARTICLE 3C. ELEVATOR SAFETY.
?21-3C-11.
Disposition of fees; legislative rules.
(a) The
division 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, qualifications and procedures for submitting applications, taking
examinations, and issuing and renewing licenses, certificates of competency and
certificates of operation of the three licensure classifications set forth in
section ten (a) ten-a of this article;
(2) For the
renewal of a license, even if the licensee is unemployed or not working in the
industry: Provided, That to engage or offer to engage in the business of
erecting, constructing, installing, altering, servicing, repairing, or
maintaining an elevator or related conveyance covered by this article, the
licensee shall be a contractor, or be employed by a contractor licensed
pursuant to the provisions of section ten (a) six, article
eleven, chapter twenty-one of the code;
(3)
Qualifications and supervision requirements for elevator apprentices;
(4)
Provisions for the granting of licenses without examination, to applicants who
present satisfactory evidence of having the expertise required to perform work
as defined in this article and who apply for licensure on or before July 1,
2010: Provided, That if a license issued under the authority of this
subsection subsequently lapses, the applicant may, at the discretion of the
commissioner, be subject to all licensure requirements, including the
examination;
(5)
Provisions for the granting of emergency licenses in the event of an emergency
due to disaster, act of God or work stoppage when the number of persons in the
state holding licenses issued pursuant to this article is insufficient to cope
with the emergency;
(6)
Provisions for the granting of temporary licenses in the event that there are
no elevator mechanics available to engage in the work of an elevator mechanic
as defined by this article;
(7)
Continuing education requirements;
(8)
Procedures for investigating complaints and revoking or suspending licenses,
certificates of competency and certificates of operation, including appeal
procedures;
(9) Fees for
testing, issuance and renewal of licenses, certificates of competency and
certificates of operation, and other costs necessary to administer the
provisions of this article;
(10)
Enforcement procedures; and
(11) Any
other rules necessary to effectuate the purposes of this article.
(b) The
rules proposed for promulgation pursuant to subsection (a) of this section
shall establish the amount of any fee authorized pursuant to the provisions of
this article: Provided, That in no event may the fees established for
the issuance of certificates of operation exceed $50 $90.
(c) All
fees collected pursuant to the provisions of this article shall be deposited in
an appropriated special revenue account hereby created in the State Treasury
known as the ?Elevator Safety Fund? and expended for the implementation and
enforcement of this article: Provided, That Amounts collected which are
found from time to time to exceed funds needed for the purposes set forth in
this article may be transferred to other accounts or funds and redesignated for
other purposes by appropriation of the Legislature. The ?Elevator Safety
Fund? is hereby continued. All moneys collected pursuant to this article shall
be deposited into the fund to be administered by the Commissioner of Labor. Expenditures
from the fund shall be for the purposes set forth in this article and are not
authorized from collections but are to be made only in accordance with
appropriation by the Legislature and in accordance with the provisions of
article three, chapter twelve of this code and upon fulfillment of the
provisions of article two, chapter eleven-b of this code.
(d) The
division may enter into agreements with counties and municipalities whereby
such counties and municipalities be permitted to retain the inspection fees
collected to support the enforcement activities at the local level.
(e) The
commissioner and his or her deputy commissioner or any compliance officer of
the division as authorized by the commissioner or his or her authorized
representative may consult with engineering authorities and organizations
concerned with standard safety codes, rules and regulations governing the
operation, maintenance, servicing, construction, alteration, installation and
the qualifications which are adequate, reasonable and necessary for the
elevator mechanic and inspector.
ARTICLE 3D. CRANE OPERATOR CERTIFICATION ACT.
?21-3D-8.
Crane operator certification fund; fees; disposition of funds.
(a) There
is hereby established a crane operator certification fund in the State
Treasurer?s office All moneys from fees collected pursuant to this
article shall be deposited in a special account in the State Treasury to be
known as the ?Crane Operator Certification Fund? to be administered by the
Commissioner of Labor. Expenditures from the fund shall be for the purposes set
forth in this article and are not authorized from collections but are to be
made only in accordance with appropriation by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code and upon
fulfillment of the provisions of article two, chapter eleven-b of this code.
(b) The
commissioner may set reasonable application fees for the issuance or renewal of
certificates and other services associated with crane operator certification.
(c)(1) The
commissioner shall receive and account for all money that is derived pursuant
to the provisions of this article. The commissioner shall pay all money
collected into the crane operator certification fund that has been established
pursuant to subsection (a), section eight of this article, with the exception
of money received as fines. This money shall be used exclusively by the
commissioner for purposes of administration and enforcement of his or her
duties pursuant to this article.
(2)
Expenditures from the crane operator certification fund shall be for the
purposes set forth in this article and are not authorized from collections but
are to be made only in accordance with appropriation by the Legislature in
accordance with the provisions of article three, chapter twelve of this code
and upon the fulfillment of the provisions set forth in article two, chapter
five-a of this code: Provided, That for the fiscal year ending June 30,
1999, expenditures are authorized from collections rather than pursuant to an
appropriation by the Legislature. Amounts collected which are found from time
to time to exceed the funds needed for purposes set forth in this article may
be transferred to other accounts or funds and redesignated for other purposes
by appropriation of the Legislature
ARTICLE 5. WAGE PAYMENT AND COLLECTION.
?21-5-5c.
License required for psychophysiological detection of deception examiners;
qualifications; promulgation of rules governing administration of
psychophysiological detection of deception examinations.
(a) No
person, firm or corporation shall administer a psychophysiological detection of
deception examination, lie detector or other similar examination utilizing
mechanical or electronic measures of physiological reactions to evaluate
truthfulness without holding a current valid license to do so as issued by the
Commissioner of Labor. No examination shall be administered by a licensed
corporation except by an officer or employee thereof who is also licensed.
(b) A person
is qualified to receive a license as an examiner if he or she:
(1) Is at
least twenty-one years of age;
(2) Is a
citizen of the United States;
(3) Has not
been convicted of a misdemeanor involving moral turpitude or a felony;
(4) Has not
been released or discharged with other than honorable conditions from any of
the armed services of the United States or that of any other nation;
(5) Has
passed an examination conducted by the Commissioner of Labor or under his or her
supervision, to determine his or her competency to obtain a license to practice
as an examiner;
(6) Has
satisfactorily completed not less than six months of internship training; and
(7) Has met
any other qualifications of education or training established by the
Commissioner of Labor in his or her sole discretion which qualifications are to
be at least as stringent as those recommended by the American polygraph
association.
(c) The
Commissioner of Labor may designate and administer any test the commissioner
considers appropriate to those persons applying for a license to administer
psychophysiological detection of deception, lie detector or similar
examination. The test shall be designed to ensure that the applicant is
thoroughly familiar with the code of ethics of the American Polygraph
Association and has been trained in accordance with association rules. The test
must also include a rigorous examination of the applicant?s knowledge of and
familiarity with all aspects of operating psychophysiological detection of
deception equipment and administering psychophysiological detection of
deception examinations.
(d) The
license to administer psychophysiological detection of deception, lie detector
or similar examinations to any person shall be issued for a period of one year.
It may be reissued from year to year. The licenses to be issued are:
(1) ?Class I
license? which authorizes an individual to administer psychophysiological
detection of deception examinations for all purposes which are permissible under
the provisions of this article and other applicable laws and rules.
(2) ?Class
II license? which authorizes an individual who is a full-time employee of a
law-enforcement agency to administer psychophysiological detection of deception
examinations to its employees or prospective employees only.
(e) The
Commissioner of Labor shall charge a fee an annual fee to be
established by legislative rule. The fees shall be deposited in the General
Revenue Fund of the state All moneys collected pursuant to this section
shall be deposited in a special account in the State Treasury to be known as
the ?Psychophysiological Examiners Fund? and administered by the Commissioner
of Labor. Expenditures from the fund shall be for the purposes set forth in
this section and are not authorized from collections but are to be made only in
accordance with appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon fulfillment
of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year
ending the thirtieth day of June, two thousand eighteen, expenditures are
authorized from collections rather than pursuant to appropriation by the
Legislature. In addition to any other information required, an application
for a license shall include the applicant?s social security number.
(f) 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 governing the administration of psychophysiological detection of
deception, lie detector or similar examination to any person: Provided,
That all applicable rules in effect on the effective date of sections five-a,
five-b, five-c and five-d of this article will remain in effect until amended,
withdrawn, revoked, repealed or replaced. The legislative rules shall include:
(1) The type
and amount of training or schooling necessary for a person before which he or
she may be licensed to administer or interpret a psychophysiological detection
of deception, lie detector or similar examination;
(2) Testing
requirements including the designation of the test to be administered to
persons applying for licensure;
(3)
Standards of accuracy which shall be met by machines or other devices to be
used in psychophysiological detection of deception, lie detector or similar
examination;
(4) The
conditions under which a psychophysiological detection of deception, lie
detector or similar examination may be administered;
(5) Fees for
licenses, renewals of licenses and other services provided by the commissioner;
(6) Any
other qualifications or requirements, including continuing education,
established by the commissioner for the issuance or renewal of licenses; and
(7) Any
other purpose to carry out the requirements of sections five-a, five-b, five-c
and five-d of this article.
ARTICLE 14. SUPERVISION OF PLUMBING WORK.
?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 in
the State Treasurer State Treasury to be known as the ?Plumbing
Work Fund? to be administered by for the use of the Commissioner of
Labor to enforce the provisions of this article. Expenditures from the fund
shall be for the purposes set forth in this article and are not authorized from
collections but are to be made only in accordance with appropriation by the
Legislature and in accordance with the provisions of article three, chapter
twelve of this code and upon fulfillment of the provisions of article two,
chapter eleven-b of this code.
ARTICLE 16. REGULATION OF HEATING, VENTILATING AND COOLING WORK.
?21-16-10.
Disposition of fees.
All fees
paid pursuant to this article, shall be paid to the Commissioner of Labor and
deposited in ?West Virginia Contractor Licensing Board Fund? for the use of
the Commissioner of Labor in a manner consistent with section seventeen,
article eleven, chapter twenty-one of this Code a special account in the
State Treasury to be known as the ?HVAC Fund? to be administered by the
Commissioner of Labor. Expenditures from the fund shall be for the purposes set
forth in this article and are not authorized from collections but are to be
made only in accordance with appropriation by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code and upon
fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year
ending the thirtieth day of June, two thousand eighteen, expenditures are
authorized from collections rather than pursuant to appropriation by the
Legislature.
CHAPTER 47. REGULATION OF TRADE.
ARTICLE 1. WEIGHTS AND MEASURES.
?47-1-8.
Requirements for the registration of service persons and service agencies for
commercial weighing and measuring devices.
(a) The uniform
regulation for the voluntary registration of service persons and service
agencies for commercial weighing and measuring devices as adopted by the national
conference of weights and measures National Conference of Weights and
Measures and published in national institute of standards and technology
handbook National Institute of Standards and Technology Handbook
130, ?Uniform Laws and Regulations? and supplements thereto or revisions
thereof, shall apply to the registration of service persons and service
agencies in the state, except insofar as modified or rejected by legislative
rule.
(b)
Beginning January 1, 2018, the commissioner shall charge an annual registration
fee for service persons and service agencies to be established by legislative
rule. The commissioner may file an emergency rule prior to January 1, 2018, to
implement and administer the amendments made to this section in 2017. The commissioner
may also propose rules for legislative approval, in accordance with article
three, chapter twenty-nine-a of this code for the implementation and
enforcement of this section.
?47-1-20.
State measurement laboratory and Weights and Measures Fund
The
commissioner shall operate and maintain a state measurement laboratory
certified and approved by the national institute of standards and technology.
The laboratory shall be used to both house and maintain the state primary
standards and secondary standards as traceable to the national standards and to
test or calibrate any secondary or working standards which are submitted for
test as required by this article.
The
commissioner shall promulgate rules, pursuant to chapter twenty-nine-a of this
code to assess fees for weights and measures laboratory calibration and
testing. All fees collected by the commissioner of labor under the provisions
of this section article shall be deposited into a special revenue
account in the State Treasury to be known as the ?Weights and Measures Fund? to
be administered by the Commissioner of Labor. The moneys in the fund
shall be used by the commissioner solely for the enforcement of this article.
The commissioner is hereby authorized to allocate moneys from the weights
and measures fund to enforce the provisions of this article without legislative
appropriation of moneys from the fund until June 30, 2006. Effective
July 1, 2006, no moneys may be expended from the fund except by legislative
appropriation. Expenditures from the fund shall be for the purposes set
forth in this article and are not authorized from collections but are to be
made only in accordance with appropriation by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code and upon
fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year
ending the thirtieth day of June, two thousand eighteen, expenditures are
authorized from collections rather than pursuant to appropriation by the
Legislature.
The
commissioner shall provide such personnel as required to operate the laboratory
in a manner which is consistent with the needs of this article. Personnel shall
be trained and certified to perform all such calibrations and tests as required
by the national institute of standards and technology National
Institute of Standards and Technology to maintain traceability of the state
standards to national standards, and to properly maintain the laboratory
facility as certified and traceable to the national institute of standards
and technology National Institute of Standards and Technology.
?47-1-21.
Registration of business.
(a) On or
before October 1, 1994, every commercial business in the state which, in the
course of conducting business, utilizes weights, measures and weighing and
measuring devices covered by this article shall obtain a certificate of device
registration for the commercial devices covered by this article, from the
division. After October 1, 1994, it shall be unlawful in the state to conduct
business subject to the provisions of this article without having first
obtained a certificate of device registration from the division. Application
for a certificate of device registration shall be made on a form provided by
the division.
(b) A
certificate of device registration is valid for twelve months from the date of
issue. The certificate of device registration shall be posted within the place
of business.
(c) Application
for the renewal of a certificate of device registration shall be made on a form
provided by the division at least thirty days prior to the renewal due date.
The commissioner may deny the renewal of device registration for cause where
the cause is the result of the conviction of the applicant, in a court of competent
jurisdiction, for a violation of this article.
(d)
Beginning January 1, 2018, the division shall charge an annual device
registration fee, to be established by legislative rule. The commissioner may
file an emergency rule prior to January 1, 2018, to implement and
administer the amendments made to this section in the 2017 regular legislative
session. The commissioner may also propose rules for legislative approval, in
accordance with article three, chapter twenty-nine-a of this code for the
implementation and enforcement of this section.
?47-1-22.
Civil penalties.
(a) No
person shall may:
(1) Use or
have in possession for use in commerce any incorrect weight or measure;
(2) Sell or
offer for sale for use in commerce any incorrect weight or measure;
(3) Remove
any tag, seal or mark from any weight or measure, without specific
authorization from the Weights and Measures Section; or
(4) Violate
any provisions of this article or rules promulgated under it, not defined in
subsection (a), section twenty-three of this article.
(b) Any
person who violates subsection (a) of this section or any rule promulgated by
the commissioner may be assessed a civil penalty by the commissioner, which
penalty shall may not be more than $1,000 for each violation.
Each violation shall constitute a separate offense. In determining the amount
of the penalty, the commissioner shall consider the person?s history of
previous violations, the appropriateness of such penalty to the size of the
business of the person charged, the gravity of the violation and the
demonstrated good faith of the person charged in attempting to achieve rapid
compliance after notification of a violation.
(c) All
civil penalties paid pursuant to this section shall be paid to the Commissioner
of Labor and deposited in the Weights and Measures Fund created in section
twenty of this article.
(d) A civil
penalty may be assessed by the commissioner only after the commissioner shall
have has given at least ten days? notice to the person. Notice shall
be in writing, shall contain a short, plain statement of the matter asserted
and shall designate a time and place for a hearing where the person may show
cause why the civil penalty should not be imposed. Notice of hearing shall be
sent by registered certified mail. The person may, at the time
designated for the hearing, produce evidence on his or her behalf and be
represented by council counsel.
(e) Any person
aggrieved by a decision of the commissioner shall have has the
right to a contested case hearing under the provisions of article five,
chapter twenty-nine-a of this code, et
seq.
ARTICLE 1A. REGULATION AND CONTROL OF BEDDING AND UPHOLSTERY
BUSINESSES.
?47-1A-10.
Sterilization processes; annual permits. fees
(1) Any
sterilization process used in connection herewith shall be approved by the
commissioner. Every person desiring to operate such sterilization process shall
first obtain a numbered permit from the commissioner and shall not operate such
process unless such permit is kept conspicuously posted in his or her
establishment. The fee for an original permit shall be $25 Application
for such permit shall be accompanied by the specifications for the
sterilization process to be employed by the applicant, in such form as the
commissioner shall require. Such permit shall expire one year from date of
issue and the fee for annual renewal of the sterilization permit shall be
$10.
(2) Every
application for a sterilization permit to be held in a state other than West
Virginia shall be approved only after personal inspection of the applicant?s
sterilizer or disinfector by the commissioner or an authorized employee of the
bedding division of the department. The expenses for such inspections out of
the state shall be paid by the applicant
(3) (2)
The commissioner may revoke or suspend any permit for violation of the
provisions of this article. Upon notification of such revocation or suspension,
the person to whom the permit was issued, or his or her successor or
assignee, shall forthwith return such permit to the commissioner. For
reissuing a revoked or expired permit, the fee shall be the same as for an
original permit.
?47-1A-14.
Annual registration and permit fees.
(a) The annual
registration fee for all manufacturers shipping or selling articles of bedding and
for upholsterers or renovators, as defined in this article, in the State of
West Virginia shall be $50 $90, payable on the first day of the
fiscal year. Any
manufacturer, upholsterer or renovator who submits an annual registration fee
on or after July 16 shall pay a $25 late fee in addition to the annual fee.
(b) The annual registration
sterilizer permit fee for an upholsterer or renovator of articles of
bedding, as defined in this article, in the State of West Virginia shall be
$10 $90, payable on the first day of the fiscal year. Any
sterilizer who submits an annual permit fee on or after July 16 shall pay a $25
late fee in addition to the annual fee.
(c) The fee
for reissuing a revoked or expired registration or permit shall be $90.
(d) All fees
collected pursuant to this article shall be deposited in a special account in
the State Treasury to be known as the ?Bedding and Upholstery Fund? to be
administered by the Commissioner of Labor. Expenditures from the fund shall be
for the purposes set forth in this article and are not authorized from
collections but are to be made only in accordance with appropriation by the
Legislature and in accordance with the provisions of article three, chapter
twelve of this code and upon fulfillment of the provisions of article two,
chapter eleven-b of this code: Provided, That
for the fiscal year ending the thirtieth day of June, two thousand eighteen,
expenditures are authorized from collections rather than pursuant to
appropriation by the Legislature.;
And,
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill 419?A Bill to
amend and reenact ?21-3-7 of the Code of West Virginia, 1931, as amended; to
amend and reenact ?21-3C-11 of the said code; to amend and reenact ?21-3D-8 of
said code; to amend and reenact ?21-5-5c of said code; to amend and reenact
?21-14-9 of said code; to amend and reenact ?21-16-10 of said code; to amend
and reenact ?47-1-8, ?47-1-20, ?47-1-21 and ?47-1-22 of said code; and to amend
and reenact ?47-1A-10 and ?47-1A-14 of said code, all relating generally to the
Division of Labor; establishing ?Steam Boiler Fund?; establishing ?HVAC Fund?;
establishing ?Plumbing Work Fund?; establishing ?Psychophysiological Examiners
Fund?; establishing ?Bedding and Upholstery Fund?; requiring the commissioner
to charge certain fees for steam boilers; authorizing the commissioner to
promulgate legislative and emergency rules to administer and enforce fees on
service persons and service agencies and businesses using weighing and
measuring devices; directing civil penalty fees to the Weights and Measures
Fund; removing requirement that the commissioner approve applications for
sterilization permits held in states other than West Virginia only after
personal inspection of such sterilizer or disinfector; increasing maximum fees
for the issuance of certificates of operation of elevators; establishing
certain late fees; establishing certain reissuance fees for revoked or expired
permits; increasing certain fees for sterilizers, manufacturers, shippers or
sellers of bedding or upholstery, upholsters and renovators; and authorizing
the commissioner to promulgate legislative rules.
On motion of
Senator
Ordered, That The Clerk communicate to the House of
Delegates the action of the Senate and request concurrence therein.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the passage of
Eng. Com. Sub. for Senate Bill 437,
Discontinuing WV Greyhound Breeding Development Fund.
A message
from The Clerk of the House of Delegates announced the amendment by that body
to the title of the bill, passage as amended, and requested the concurrence of
the Senate in the House of Delegates
Eng. Com. Sub. for Senate Bill 445, Amending
definition of ?abused child?.
On motion of
Senator
The
following House of Delegates
Eng. Com. Sub. for Senate Bill 445?A Bill to
amend and reenact ?49-1-201 of the Code of West Virginia, 1931, as amended,
relating to amending the definition of ?abused child? to include a child
conceived as a result of sexual assault; and providing that no victim of sexual
assault may be determined to be an abusive parent based upon being a victim of
sexual assault.
On motion of
Senator
Engrossed
On the
passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso,
Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann,
Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano,
Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel
and Carmichael (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.
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, to take effect
Eng. Com. Sub. for Senate Bill 456, Relating
to standards for termination of parental rights in child abuse and neglect
cases.
A message
from The Clerk of the House of Delegates announced the amendment by that body
to the title of the bill, passage as amended, and requested the concurrence of
the Senate in the House of Delegates
Eng. Com. Sub. for Senate Bill 634, Relating
generally to certain agreements between DHHR and state?s medical schools.
On motion of
Senator
The
following House of Delegates
Eng. Com. Sub. for Senate Bill 634?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?9-2-9a, relating to exempting certain contracts between
the Department of Health and Human Resources and West Virginia University,
Marshall University or West Virginia School of Osteopathic Medicine from state
purchasing requirements.
On motion of
Senator
Engrossed
On the
passage of the bill, the yeas were: Azinger, Beach, Blair, Boley, Boso,
Clements, Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann,
Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale, Prezioso, Romano,
Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel
and Carmichael (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.
Ordered, That The Clerk communicate to the House of
Delegates the action of the Senate.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate
Eng. Com. Sub. for House Bill 2447, Renaming
the Court of Claims the state Claims Commission.
On motion of
Senator
The
following House of Delegates
By striking
out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill 2447?A Bill to
repeal ?14-2-6 and ?14-2-18 of the Code of West Virginia, 1931, as amended; to
repeal ?14-2A-7 of said code; to amend and reenact ?14-2-3, ?14-2-4, ?14-2-4a,
?14-2-5, ?14-2-7, ?14-2-8, ?14-2-9, ?14-2-10, ?14-2-11, ?14-2-12, ?14-2-13,
?14-2-14, ?14-2-15, ?14-2-16, ?14-2-17, ?14-2-19, ?14-2-20, ?14-2-21, ?14-2-22,
?14-2-23, ?14-2-24, ?14-2-25, ?14-2-26, ?14-2-27 and ?14-2-28 of said code; and
to amend and reenact ?14-2A-5, ?14-2A-6, ?14-2A-9, ?14-2A-10, ?14-2A-11,
?14-2A-12, ?14-2A-13, ?14-2A-14, ?14-2A-15, ?14-2A-16, ?14-2A-17, 14-2A-18,
?14-2A-19, ?14-2A-19a, ?14-2A-19b, ?14-2A-20, ?14-2A-21, ?14-2A-25, ?14-2A-26
and ?14-2A-28 of said code, all relating to certain claims against the state
generally; renaming the West Virginia Court of Claims the West Virginia
Legislative Claims Commission; renaming judges commissioners; clarifying the
length of the existing terms for the current commissioners; clarifying that
commissioners are not judicial officers; modifying definitions; providing
explicit power of removal of commissioners to the President of the Senate and
the Speaker of the House of Delegates; providing authority to the President of
the Senate and the Speaker of the House of Delegates for the hiring of a clerk,
chief deputy clerk, deputy clerks, claim investigators, and support staff and
setting salaries for said positions; authorizing the President of the Senate
and Speaker of the House to permit commissioners serve more than one hundred
twenty days in any fiscal year; increasing the monetary limit for agency agreed
to claims from $1,000 to $3,000; and updating and modifying and clarifying
procedures and practices of the commission.
On motion of
Senator
Thereafter,
on motion of Senator Ferns, the Senate requested the appointment of a committee
of conference of three from each house on the disagreeing votes of the two
houses.
Whereupon,
Senator Carmichael (Mr. President) appointed the following conferees on the
part of the Senate:
Senators
Weld, Maynard and Jeffries.
Ordered, That The Clerk communicate to the House of
Delegates the action of the Senate and request concurrence therein.
A message
from The Clerk of the House of Delegates announced the concurrence by that body
in the Senate amended title, passage as amended, of
Eng. Com. Sub. for House Bill 2486, Providing
that when a party?s health condition is at issue in a civil action, medical
records and releases for medical information may be requested and required
without court order.
A message
from The Clerk of the House of Delegates announced the passage by that body and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 3006?A Bill to
amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated ?9-2-9a, relating to exempting certain contracts between
the Department of Health and Human Resources and West Virginia University,
Marshall University or West Virginia School of Osteopathic Medicine from state
purchasing requirements.
Referred to
the Committee on
The Senate proceeded to the
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2503, Relating to the rulemaking authority for Board of Osteopathic Medicine.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
House Bill 2628, Relating
generally to the powers and duties of the Board of Medicine and the Board of
Osteopathic Medicine.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2792, Requiring the Library Commission to survey the libraries of the state.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2797, Codifying statutory immunity for government agencies and officials from
actions of third-parties using documents or records.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2839, Updating the procedures for legislative review of departments and
licensing boards.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2941, Requiring the Commissioner of the Division of Highways to utilize the
Attorney General for all legal assistance and services.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
House Bill 3053, Relating
to motor vehicle lighting.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
??????????? The Senate proceeded to
the sixth order of business.
??????????? Senators Maynard, Stollings,
Swope, Plymale and Beach offered the following resolution:
??????????? Senate Concurrent Resolution 53?Requesting the Division of Highways to name bridge number 30-3/5-19.82 (30A268), (37.93753, -82.27931), locally known as Lowney Singing Bridge, carrying County Route 3/5 over West Fork of Twelvepole Creek in Mingo County, the ?U. S. Army SGT Benny Fleming Memorial Bridge?.
Whereas, Sergeant Fleming was
born on June 9, 1948, to Goodlow and Lora Evans Fleming of Wilsondale, and
passed away on August 30, 2013;
and
Whereas, Sergeant Fleming was the ninth child out of
eleven. He had three brothers: John P. Fleming, Ray Fleming and Sherman
Franklin Fleming, all of Wilsondale; and seven sisters: Betty June Shrader of
Lineboro, Maryland, Faye Tatro of Tampa, Florida, Debbie Buskell of Baltimore,
Maryland, Mary Davis of Jacksonville, Florida, Judy Maynard of Avon, Ohio; and
Blaze Starr and Berta Gail Browning of Wilsondale; and
Whereas, Sergeant Fleming was
a lifelong resident of Mingo County and it was there that he raised a family
and made a living as a coal miner. Throughout his life, he overcame many
obstacles, all while maintaining a great attitude. This made him the man he
would eventually become;
and
Whereas, As a young boy, Sergeant
Fleming spent his days
exploring the very countryside he would eventually call home. He attended
Lowney Grade School near his family home, and graduated from Lenore High School
in 1966. That same year, he enlisted in the US Army. In the five years he
served, he was promoted to the level of Army Sergeant E-5, served in Vietnam,
and eventually received an honorable discharge. After returning home, he worked
for the West Virginia Department of Highways; and
Whereas, Sergeant Fleming
began working underground in the coal mines in the early to mid-1970s, when the
danger of working underground was at its highest. He worked for Dehue Mines in
Logan until they closed, and then went to work at Rawl Sales Rocky Hollow for
nearly fifteen years until he suddenly became sick while on vacation with his family.
He was diagnosed with transverse myelitis. After spending months in the
hospital, and at a rehabilitation center, he was left paralyzed from the waist
down, and confined to a wheelchair; and
Whereas, When faced with an obstacle such as this, most people would have given
up, but not Sergeant Fleming. He had to learn how to use his
hands again, and how to sit up again. He learned how to cook, clean, do
laundry, and be self-sufficient. Eventually, he would mow his own grass, and
the grass of his sister, just to keep busy. He also became active in modifying
facilities to become handicapped accessible. It was very important to him to be
able to get in and out of places without having to ask for assistance; and
Whereas, Sergeant Fleming had two daughters, Machelle and
Teresa. He loved them dearly. They married and had children of their own.
Machelle had his first grandchild, Jarrid, in 1991. This gave Sergeant Fleming
something to get stronger for, and something to look forward to. Jarrid was his
whole world. He would spend weekends with Sergeant Fleming, and he would feed
him, bathe him, and change his diaper, all while being confined to a wheelchair; and
Whereas, Five years later, Machelle had Sergeant Fleming?s
second grandchild, Seann Cameron. He and Sergeant Fleming spent their time
fishing, riding four wheelers, and Sergeant Fleming would point out deer and
bear tracks to his grandson. Some weekends, Sergeant Fleming would keep both
boys. That was when he was at his happiest; and
Whereas, In August of 1998, Teresa had Sergeant Fleming?s
third grandchild, a boy named Carson. Just as he did with the grandsons before
him, Sergeant Fleming loved to spend time with him,
watching him play basketball and talk about trains. He too would spend the
night with Sergeant Fleming, and he would see to it that he was well taken care
of; and
Whereas, Because of his grandkids, including a fourth, Mackenzie Taylor, the last years of Sergeant Fleming?s life were his happiest. In 2002, he was the official
scorekeeper for his grandson Jarrid?s baseball team, and never missed a game.
He traveled to the away games, as well as the home games, and treated Jarrid?s
teammates as if they were his own. He would buy the kids drinks, hotdogs, and
candy at the games, and they loved him as if he were their own grandpa. He also
spent time with his companion and life partner, Cathy Perry. They were at their
happiest when spending time outdoors and sharing memories; and
Whereas, In his last few years, Sergeant
Fleming began reflecting on his
life. He began compiling notes and started the process of writing a short story
about the life and times of growing up in the 1950s. He titled it ?Growing Up
Lowney?. It tells the story of when he was young, and going to Lowney Grade
School near his childhood home. He goes into great detail and tells everything
he can remember of growing up in that area of Mingo County. He typed the story
himself, and surprised his children and grandchildren each with a copy. The
seven-page story is Sergeant Fleming?s legacy. It is a small glimpse into the
type of man that he was. Although confined to a wheelchair for the last
twenty-five years of his life, Sergeant Fleming overcame many obstacles with
the love and support of his family. He overcame them to become a loving father,
extraordinary grandfather, and outstanding member of the community, all with a
smile on his face; and
Whereas, Finally, in 2001, Sergeant Fleming had his first granddaughter. Teresa gave birth to Mackenzie
Grace in July of that year. He loved having a little girl, but she was just as
rough and tough as the boys. They would all play baseball in the front yard,
ride four-wheelers, and go berry picking; and
Whereas, For these reasons it is fitting and proper that the bridge be named in honor of Sergeant Fleming. With his short story titled ?Growing Up Lowney,? and the bridge
known as the Lowney Singing Bridge, the irony is clear. Naming this bridge for
him would be a testament to the strong, loving family man that was taken from
us way too soon; therefore,
be it
Resolved by the Legislature of West
Virginia:
That the Division of Highways is hereby
requested to name bridge number
30-3/5-19.82 (30A268) (37.93753,
-82.27931),
locally known as Lowney
Singing Bridge, carrying County Route 3/5 over West Fork of Twelvepole Creek in Mingo County, the ?U. S. Army SGT Benny Fleming Memorial Bridge?; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to have made and be placed signs identifying the bridge as the ?U. S. Army SGT Benny Fleming Memorial Bridge?; and, be it
Further
Resolved, That the Clerk of the Senate forward a copy of this resolution to the Commissioner
of the Division of Highways.
Which, under the rules, lies over one day.
At the request of Senator Ferns, unanimous
consent being granted, the Senate proceeded to the
Senate
Concurrent Resolution 52, US
Army PFC Glenn S. Perdue, US Army Tec 5 Charley H. Perdue and US Army Air Corps
SGT Carl Perdue Memorial Road.
On unfinished business, coming up in regular
order, was reported by the Clerk and referred to the Committee on
The Senate proceeded to the eighth order of
business.
Eng.
Com. Sub. for House Bill 2180, Authorizing the issuance of special ?In God We Trust? motor vehicle
registration plates.
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:
Azinger, Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch,
Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda,
Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt,
Takubo, Trump, Unger, Weld, Woelfel and Carmichael (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.
The following amendment to the title of the
bill, from the Committee on
Eng.
Com. Sub. for House Bill 2180?A
Bill to amend and reenact ?17A-3-14 of the Code of West Virginia, 1931, as
amended, relating to the issuance of ?In God We Trust? and ?Friends of Coal?
motor vehicle registration plates.
Ordered,
That The Clerk communicate
to the House of Delegates the action of the Senate
The Senate proceeded to the ninth order of
business.
Com.
Sub. for Senate Bill 304, Appropriating
expiring funds from State Fund, General Revenue to DHHR.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Com.
Sub. for Senate Bill 476, Expiring
funds from Revenue Shortfall Reserve Fund to General Revenue.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Senate
Bill 694, Expiring funds to
unappropriated surplus balance in General Revenue fund to Department of
Administration.
On second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.
Eng.
House Bill 2188, Extending
the length of time for the special Community-Based Pilot Demonstration Project
to Improve Outcomes for At-Risk Youth.
On second reading, coming up in regular
order, was read a second time and ordered to third reading.
Eng.
Com. Sub. for House Bill 2364, Prohibiting electioneering within or near early voting locations during
early voting periods.
On second reading, coming up in regular
order, was read a second time.
At the request of Senator
On motion of Senator Trump, the following
amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the
enacting section and inserting in lieu thereof the following:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
?3-1-37. Restrictions on presence and conduct at polls.
(a) Except as otherwise provided in this section, no
person, other than the election officers and voters going to the election room
to vote and returning therefrom, may be or remain within three one
hundred feet of the outside entrance to the building housing the polling place
while the polls are open. This subsection does not apply to persons who reside
or conduct business within such distance of the entrance to the building
housing the polling place, while in the discharge of their legitimate business,
or to persons whose business requires them to pass and repass within three
one hundred feet of such entrance.
(b) A person who is delivering a voter to a polling place
by motor vehicle may drive such vehicle to a convenient and accessible location
to discharge the voter, notwithstanding that the location is within three
one hundred feet of the outside entrance to the building housing the
polling place. Upon discharging such voter from the vehicle, the person shall
remove the vehicle from within three one hundred feet of the
entrance until such time as the voter is to be transported from the polling
place or another voter delivered: Provided, That vehicles delivering
voters who require assistance by reason of blindness, disability or advanced
age may remain within three one hundred feet of the entrance
until such time as the voter is to be transported from the polling place.
(c) The election commissions shall limit the number of voters in the election room so as to preserve order. No person may approach nearer than five feet to any booth or compartment while the election is being held, except the voters to prepare their ballots, or the poll clerks when called on by a voter to assist in the preparation of his or her ballot, and no person, other than election officers and voters engaged in receiving, preparing and depositing their ballots, may be permitted to be within five feet of any ballot box, except by authority of the board of election commissioners, and then only for the purpose of keeping order and enforcing the law.
(d) Not more than one person may be permitted to occupy any booth or compartment at one time. No person may remain in or occupy a booth or compartment longer than may be necessary to prepare his or her ballot, and in no event longer than five minutes, except that any person who claims a disability pursuant to section thirty-four of this article shall have additional time up to ten additional minutes to prepare his or her ballot. No voter, or person offering to vote, may hold any conversation or communication with any person other than the poll clerks or commissioners of election, while in the election room.
(e) The provisions of this section do not apply to persons rendering assistance to blind voters as provided in section thirty-four of this article or to any child fourteen years of age or younger who accompanies a parent, grandparent or legal guardian who is voting. Any dispute concerning the age of a child accompanying a parent, grandparent or legal guardian who is voting shall be determined by the election commissioners.
ARTICLE 9. OFFENSES AND
PENALTIES.
?3-9-9. Electioneering
defined; Other unlawful acts at polling places; exceptions; penalties.
(a) As used in this
section, ?electioneering? means the displaying of signs or other campaign
paraphernalia, the distribution of campaign literature, cards, or handbills,
the soliciting of signatures to any petition, or the solicitation of votes for
or against any bona fide candidate or ballot question in a manner which
expressly advocates the election or defeat of the candidate or expressly
advocates the passage or defeat of the ballot question. ?Electioneering? does
not include exit polling, so long as persons conducting exit polling are not
otherwise engaging in electioneering activities described above, or bumper
stickers or signs affixed to a person?s vehicle which is parked within or
passing through a distance of one hundred feet of the entrance to a polling
place while such person is voting or transporting any voter to the polls.
(b) No officer of election may disclose to any person the
name of any candidate for whom a voter has voted. No officer of election may do
any electioneering on election day.
(c) No person may do any electioneering on election day
within any polling place, or within three one hundred feet of the outside entrance to the building
housing the polling place. No person may do any electioneering in the
polling place or within one hundred feet of the outside entrance of any polling
place where early voting is conducted during the period in which early voting
is offered during the hours while such early voting is actually taking place.
Nothing in this subsection shall prohibit a citizen from doing any
electioneering upon his or her own private property, regardless of distance
from the polling place, so long as that electioneering conforms to other
existing laws and ordinances.
(d) No person may apply for or receive any ballot in any
polling place, other than that in which he the person is entitled
to vote, nor may any person examine a ballot which any voter has prepared for
voting, or solicit the voter to show the same, nor ask, nor make any
arrangement, directly or indirectly, with any voter, to vote an open ballot. No
person, except a commissioner of election, may receive from any voter a ballot
prepared by him or her for voting. No voter may receive a ballot from
any person other than one of the poll clerks; nor may any person other than a
poll clerk deliver a ballot to a commissioner of election to be voted by such
commissioner. No voter may deliver any ballot to a commissioner of election to
be voted, except the one he or she receives from the poll clerk. No
voter may place any mark upon his or her ballot, or suffer or permit any
other person to do so, by which it may be afterward identified as the ballot
voted by him or her.
(e) Whoever violates any provision of this section shall be guilty of a
misdemeanor and, on conviction thereof, shall be fined not less than $100 nor
more than $1,000, or confined in jail for not more than one year, or both fined
and confined.
The bill
Eng.
Com. Sub. for House Bill 2404, Barring persons who are convicted of certain criminal offenses from
acquiring property from their victims.
On second reading, coming up in regular
order, was read a second time.
The following amendment to the bill, from
the Committee on
By striking out everything after the enacting
section and inserting in lieu thereof the following:
CHAPTER 36. ESTATES AND PROPERTY.
ARTICLE 1. CREATION OF ESTATES GENERALLY.
?36-1-20. When survivorship preserved.
(a) The preceding
section shall Section nineteen of this article does not apply to any
estate which joint tenants have as executors or trustees, nor to an estate
conveyed or devised to persons in their own right, when it manifestly appears
from the tenor of the instrument that it was intended that the part of the one
dying should then belong to the others. Neither shall it affect the mode of
proceeding on any joint judgment or decree in favor of, or on any contract with,
two or more, one of whom dies.
(b) When the instrument of
conveyance or ownership in any estate, whether real estate or tangible or
intangible personal property, links multiple owners together with the
disjunctive ?or,? such ownership shall be held as joint tenants with the right
of survivorship, unless expressly stated otherwise.
(c) No A person
convicted of violating the provisions of section one or three, article two,
chapter sixty-one of this code as a principal, aider and abettor or accessory
before the fact, or convicted of a similar provision of law of another state or
the United States, or who has been convicted of an offense causing the death
of an incapacitated adult set forth in section twenty-nine-a, article two,
chapter sixty-one of this code, as a principal, aider and abettor or accessory
before the fact, or convicted of a similar provision of law of another state or
the United States, may not take or acquire any real or personal
property by survivorship pursuant to this section when the victim of the
criminal offense was a joint holder of title to the property. The property to
which the convicted person so convicted would otherwise have been
entitled shall go to the person or persons who would have taken the same
property if the convicted person so convicted had
predeceased the victim.
(d) A person who has
been convicted of an offense of abuse or neglect of an incapacitated adult
pursuant to section twenty-nine, article two, chapter sixty-one of this code, a
felony offense of financial exploitation of an elderly person, protected person
or an incapacitated adult pursuant to section twenty-nine?b of that article, or
convicted of a similar provision of law of another state or the United States,
may not take or acquire any real or personal property by survivorship pursuant
to this section, when the victim of the criminal offense is a joint holder of
the title to the property. The money or property which the person would have
otherwise have received shall go to the person or persons who would have taken
the money or property if the convicted person had predeceased the victim. This
subsection does not apply if, after the conviction, the victim of the offense,
if competent, executes a recordable instrument, sworn to, notarized and
witnessed by two persons that would be competent as witnesses to a will of the
victim, expresses a specific intent to allow the person so convicted to retain
his or her tenancy in the property with rights of survivorship.
CHAPTER
42. DESCENT AND DISTRIBUTION.
ARTICLE 4. GENERAL PROVISIONS.
?42-4-2. Homicide bars acquisition of estate or insurance money.
No (a) A person who has been convicted of
feloniously killing another, or of conspiracy in the killing of another, shall
may not take or acquire any money or property, real or personal, or
interest therein in the money or property, from the one killed or
conspired against, either by descent and distribution, or by will, or by any
policy or certificate of insurance, or otherwise; but the money or the property
to which the convicted person so convicted would otherwise have
been entitled shall go to the person or persons who would have taken the same
the money or property if the convicted person so convicted
had been dead at the date of the death of the one killed or conspired against,
unless by some rule of law or equity the money or the property would pass to
some other person or persons.
(b) A person who has
been convicted of an offense causing the death of an incapacitated adult set
forth in section twenty-nine-a, article two, chapter sixty-one of this code, or
convicted of a similar provision of law of another state or the United States,
may not take or acquire any money or property, real or personal, or interest in
the money or property, from the victim decedent, either by descent and
distribution, or by will, or by any policy or certificate of insurance, or
otherwise; but the money or the property to which the convicted person would
otherwise have been entitled shall go to the person or persons who would have
taken the money or property if the convicted person had been dead at the date
of the death of the decedent, unless by law the money or the property would
pass to some other person or persons.
(c) A person who has
been convicted of an offense of abuse or neglect of an incapacitated adult
pursuant to section twenty-nine, article two, chapter sixty-one of this code, a
felony offense of financial exploitation of an elderly person, protected person
or incapacitated adult pursuant to section twenty-nine?b, article two, chapter
sixty-one of this code, or convicted of a similar provision of law of another
state or the United States, may not take or acquire any money or property, real
or personal, or any interest in the money or property, from the victim of the
offense, either by descent and distribution, or by will, or by any policy or
certificate of insurance, or otherwise. The money or the property to which the convicted
person would otherwise have been entitled shall go to the person or persons who
would have taken the money or property if the convicted person had been dead at
the date of the death of the victim, unless by law the money or the property
would pass to some other person or persons. This subsection does not apply if,
after the conviction, the victim of the offense, if competent, executes a
recordable instrument, sworn to, notarized and witnessed by two persons that
would be competent witnesses to a will of the victim, expresses a specific
intent to allow the convicted person to inherit or otherwise receive the money,
estate or other property of the victim of the offense.
The bill
Eng.
Com. Sub. for House Bill 2479, Uniform Deployed Parents Custody and Visitation Act.
On second reading, coming up in regular
order, was read a second time.
The following amendment to the bill, from
the Committee on
By striking out everything after the enacting
clause and inserting in lieu thereof the following:
That
?48-1-233.3, ?48-1-233.4 and ?48-9-404 of the Code of West Virginia, 1931, as
amended, be repealed; and that said code be amended by adding thereto a new
article, designated ?48-31-101, ?48-31-102, ?48-31-103, ?48-31-104, ?48-31-105,
?48-31-106, ?48-31-107, ?48-31-201, ?48-31-202, ?48-31-203, ?48-31-204,
?48-31-205, ?48-31-301, ?48-31-302, ?48-31-303, ?48-31-304, ?48-31-305,
?48-31-306, ?48-31-307, ?48-31-308, ?48-31-309, ?48-31-310, ?48-31-401,
?48-31-402, ?48-31-403, ?48-31-404, ?48-31-501, ?48-31-502 and ?48-31-503, all
to read as follows:
ARTICLE 31.
UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT.
?48-31-101.
Short title.
This
article may be cited as the Uniform Deployed Parents Custody and Visitation
Act.
?48-31-102.
Definitions.
In
this article:
(1)
?Adult? means an individual who has attained eighteen years of age or an
emancipated minor.
(2)
?Caretaking authority? means the right to live with and care for a child on a
day-to-day basis. The term includes physical custody, parenting time, right to
access, and visitation.
(3)
?Child? means:
(A)
An unemancipated individual who has not attained eighteen years of age; or
(B)
An adult son or daughter by birth or adoption, or under law of this state other
than this article, who is the subject of a court order concerning custodial
responsibility.
(4)
?Close and substantial relationship? means a relationship in which a
significant bond exists between a child and a nonparent.
(5)
?Court? means a tribunal, authorized under law of this state other than this
article to make, enforce, or modify a decision regarding custodial
responsibility.
(6)
?Custodial responsibility? has the same meaning as in section two hundred nineteen,
article one of this chapter.
(7)
?Decision-making authority? means the power to make important decisions
regarding a child, including decisions regarding the child?s education,
religious training, health care, extracurricular activities, and travel. The
term does not include the power to make decisions that necessarily accompany a
grant of caretaking authority.
(8)
?Deploying parent? means a service member, who is deployed or has been notified
of impending deployment and is:
(A)
A parent of a child under law of this state other than this article; or
(B)
An individual who has custodial responsibility for a child under law of this
state other than this article;
(9)
?Deployment? means the movement or mobilization of a service member for more
than ninety days but less than eighteen months pursuant to uniformed service
orders that:
(A)
Are designated as unaccompanied;
(B)
Do not authorize dependent travel; or
(C)
Otherwise do not permit the movement of family members to the location to which
the service member is deployed.
(10)
?Family member? means a sibling, aunt, uncle, cousin, step-parent or
grandparent of a child or an individual recognized to be in a familial
relationship with a child under law of this state other than this article.
(11)
?Limited contact? means the authority of a nonparent to visit a child for a
limited time. The term includes authority to take the child to a place other
than the residence of the child.
(12)
?Nonparent? means an individual other than a deploying parent or other parent.
(13)
?Other parent? means an individual who, in common with a deploying parent, is:
(A)
A parent of a child under law of this state other than this article; or
(B)
An individual who has custodial responsibility for a child under law of this
state other than this article.
(14)
?Record? means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in perceivable form.
(15)
?Return from deployment? means the conclusion of a service member?s deployment
as specified in uniformed service orders.
(16)
?Service member? means a member of a uniformed service.
(17)
?Sign? means, with present intent to authenticate or adopt a record:
(A)
To execute or adopt a tangible symbol; or
(B)
To attach to or logically associate with the record an electronic symbol, sound
or process.
(18)
?State? means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands or any territory or insular possession subject
to the jurisdiction of the United States.
(19)
?Uniformed service? means:
(A)
Active and reserve components of the Army, Navy, Air Force, Marine Corps or
Coast Guard of the United States;
(B)
The United States Merchant Marine;
(C)
The commissioned corps of the United States Public Health Service;
(D)
The commissioned corps of the National Oceanic and Atmospheric Administration
of the United States; or
(E)
The National Guard of a state.
?48-31-103.
Remedies for noncompliance.
In
addition to other remedies under law of this state other than this article, if
a court finds that a party to a proceeding under this article has acted in bad
faith or intentionally failed to comply with this article or a court order
issued under this article, the court may assess reasonable attorney?s fees and
costs against the party and order other appropriate relief.
?48-31-104.
Jurisdiction.
(a)
A court may issue an order regarding custodial responsibility under this
article only if the court has jurisdiction under the Uniform Child Custody
Jurisdiction and Enforcement Act.
(b)
If a court has issued a temporary order regarding custodial responsibility
pursuant to this article, the residence of the deploying parent is not changed
by reason of the deployment for the purposes of the Uniform Child Custody
Jurisdiction and Enforcement Act during the deployment.
(c)
If a court has issued a permanent order regarding custodial responsibility
before notice of deployment and the parents modify that order temporarily by
agreement pursuant to the provisions of this article, the residence of the
deploying parent is not changed by reason of the deployment for the purposes of
the Uniform Child Custody Jurisdiction and Enforcement Act.
(d)
If a court in another state has issued a temporary order regarding custodial
responsibility as a result of impending or current deployment, the residence of
the deploying parent is not changed because of the deployment for the purposes
of the Uniform Child Custody Jurisdiction and Enforcement Act.
(e)
This section does not prevent a court from exercising temporary emergency
jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
?48-31-105.
Notification required of deploying parent.
(a)
Except as otherwise provided in subsection (c) or (d) of this section, a
deploying parent shall notify in a record the other parent of a pending
deployment not later than seven days after receiving notice of deployment
unless reasonably prevented from doing so by the circumstances of service. If
the circumstances of service prevent giving notification within the seven days,
the deploying parent shall give the notification as soon as reasonably
possible.
(b)
Except as otherwise provided in subsection (c) or (d) of this section, each
parent shall provide in a record the other parent with a plan for fulfilling
that parent?s share of custodial responsibility during deployment. Each parent
shall provide the plan as soon as reasonably possible after notification of
deployment is given under subsection (a) of this section.
(c)
If a court order currently in effect prohibits disclosure of the address or
contact information of the other parent, notification of deployment under
subsection (a) of this section, or notification of a plan for custodial
responsibility during deployment under subsection (b) of this section, may be
made only to the issuing court. If the address of the other parent is available
to the issuing court, the court shall forward the notification to the other
parent. The court shall keep confidential the address or contact information of
the other parent.
(d)
Notification in a record under subsection (a) or (b) of this section is not
required if the parents are living in the same residence and both parents have
actual notice of the deployment or plan.
(e)
In a proceeding regarding custodial responsibility, a court may consider the
reasonableness of a parent?s efforts to comply with this section.
?48-31-106.
Duty to notify of change of address.
(a)
Except as otherwise provided in subsection (b) of this section, an individual
to whom custodial responsibility has been granted during deployment pursuant to
the provisions of this article shall notify the deploying parent and any other
individual with custodial responsibility of a child of any change of the individual?s
mailing address or residence until the grant is terminated. The individual
shall provide the notice to any court that has issued a custody or child
support order concerning the child which is in effect.
(b)
If a court order currently in effect prohibits disclosure of the address or
contact information of an individual to whom custodial responsibility has been
granted, a notification under subsection (a) of this section may be made only
to the court that issued the order. The court shall keep confidential the
mailing address or residence of the individual to whom custodial responsibility
has been granted.
?48-31-107.
General consideration in custody proceeding of parent?s military service.
In
a proceeding for custodial responsibility of a child of a service member, a
court may not consider a parent?s past deployment or possible future deployment
in itself in determining the best interest of the child but may consider any
significant impact on the best interest of the child of the parent?s past or possible
future deployment.
?48-31-201.
Form of agreement addressing custodial responsibility during deployment.
(a)
The parents of a child may enter into a temporary agreement under this article
granting custodial responsibility during deployment.
(b)
An agreement under subsection (a) of this section shall be:
(1)
In writing; and
(2)
Signed by both parents and any nonparent to whom custodial responsibility is
granted.
(c)
Subject to subsection (d) of this section, an agreement under subsection (a),
if feasible, shall:
(1)
Identify the destination, duration, and conditions of the deployment that is
the basis for the agreement;
(2)
Specify the allocation of caretaking authority among the deploying parent, the
other parent, and any nonparent;
(3)
Specify any decision-making authority that accompanies a grant of caretaking
authority;
(4)
Specify any grant of limited contact to a nonparent;
(5)
If under the agreement custodial responsibility is shared by the other parent
and a nonparent, or by other nonparents, provide a process to resolve any
dispute that may arise;
(6)
Specify the frequency, duration and means, including electronic means, by which
the deploying parent will have contact with the child, any role to be played by
the other parent in facilitating the contact, and the allocation of any costs
of contact;
(7)
Specify the contact between the deploying parent and child during the time the
deploying parent is on leave or is otherwise available;
(8)
Acknowledge that any party?s child-support obligation cannot be modified by the
agreement, and that changing the terms of the obligation during deployment
requires modification in the appropriate court;
(9)
Provide that the agreement will terminate according to the procedures specified
in this article after the deploying parent returns from deployment; and
(10)
If the agreement must be filed pursuant to section two hundred five of this
article, specify which parent is required to file the agreement.
(d)
The omission of any of the items specified in subsection (c) of this section
does not invalidate an agreement under this section.
?48-31-202.
Nature of authority created by agreement.
(a)
An agreement under this article is temporary and terminates pursuant to the
provisions of this article after the deploying parent returns from deployment,
unless the agreement has been terminated before that time by court order or
modification under section two hundred three of this article. The agreement
does not create an independent, continuing right to caretaking authority, decision-making
authority or limited contact in an individual to whom custodial responsibility
is given.
(b)
A nonparent who has caretaking authority, decision-making authority or limited
contact by an agreement under this article has standing to enforce the
agreement until it has been terminated by court order, by modification under
section two hundred three of this article, or under other provisions of this
article.
?48-31-203.
Modification of agreement.
(a)
By mutual consent, the parents of a child may modify an agreement regarding
custodial responsibility made pursuant to this article.
(b)
If an agreement is modified under subsection (a) of this section before
deployment of a deploying parent, the modification shall be in writing and
signed by both parents and any nonparent who will exercise custodial
responsibility under the modified agreement.
(c)
If an agreement is modified under subsection (a) of this section during
deployment of a deploying parent, the modification shall be agreed to in a
record by both parents and any nonparent who will exercise custodial
responsibility under the modified agreement.
?48-31-204.
Power of attorney.
A
deploying parent, by power of attorney, may delegate all or part of custodial
responsibility to an adult nonparent for the period of deployment if no other
parent possesses custodial responsibility under law of this state other than
this article, or if a court order currently in effect prohibits contact between
the child and the other parent. The deploying parent may revoke the power of
attorney by signing a revocation of the power.
?48-31-205.
Filing agreement or power of attorney with court.
An
agreement or power of attorney under this article shall be filed within a
reasonable time with any court that has entered an order on custodial
responsibility or child support that is in effect concerning the child who is
the subject of the agreement or power. The case number and heading of the
pending case concerning custodial responsibility or child support shall be
provided to the court with the agreement or power.
?48-31-301.
Proceeding for temporary custody order.
(a)
After a deploying parent receives notice of deployment and until the deployment
terminates, a court may issue a temporary order granting custodial
responsibility unless prohibited by the Service Members Civil Relief Act, 50
U.S.C. ?3931 and ?3932. A court may not issue a permanent order granting
custodial responsibility without the consent of the deploying parent.
(b)
At any time after a deploying parent receives notice of deployment, either
parent may file a motion regarding custodial responsibility of a child during
deployment. The motion shall be filed in a pending proceeding for custodial
responsibility in a court with jurisdiction under section one hundred four of
this article or, if there is no pending proceeding in a court with jurisdiction
under section one hundred four of this article, in a new action for granting
custodial responsibility during deployment.
?48-31-302.
Expedited hearing.
If
a motion to grant custodial responsibility is filed under subsection (b) of
section three hundred one of this article before a deploying parent deploys,
the court shall conduct an expedited hearing.
?48-31-303.
Testimony by electronic means.
In
a proceeding under this article, a party or witness who is not reasonably
available to appear personally may appear, provide testimony and present
evidence by electronic means unless the court finds good cause to require a
personal appearance.
?48-31-304.
Effect of prior judicial order or agreement.
In
a proceeding for a grant of custodial responsibility pursuant to this article,
the following rules apply:
(1)
A prior judicial order, designating custodial responsibility if there is
deployment, is binding on the court unless the circumstances meet the
requirements of law of this state other than this article for modifying a
judicial order regarding custodial responsibility.
(2)
The court shall enforce a prior written agreement between the parents for
designating custodial responsibility if there is deployment, including an
agreement executed under section two hundred one of this article, unless the
court finds that the agreement is contrary to the best interest of the child.
?48-31-305.
Grant of caretaking or decision-making authority to nonparent.
(a)
On motion of a deploying parent and in accordance with law of this state other
than this article, if it is in the best interest of the child, a court may
grant caretaking authority to a nonparent who is an adult family member of the
child or an adult with whom the child has a close and substantial relationship.
(b)
Unless a grant of caretaking authority to a nonparent under subsection (a) of
this section is agreed to by the other parent, the grant is limited to an
amount of time not greater than:
(1)
The amount of time granted to the deploying parent under a permanent custody
order, but the court may add unusual travel time necessary to transport the
child; or
(2)
In the absence of a permanent custody order that is currently in effect, the amount
of time that the deploying parent habitually cared for the child before being
notified of deployment, but the court may add unusual travel time necessary to
transport the child.
(c)
A court may grant part of a deploying parent?s decision-making authority, if
the deploying parent is unable to exercise that authority, to a nonparent who
is an adult family member of the child or an adult with whom the child has a
close and substantial relationship. If a court grants the authority to a
nonparent, the court shall specify the decision-making powers granted,
including decisions regarding the child?s education, religious training, health
care, extracurricular activities and travel.
?48-31-306.
Grant of limited contact.
On
motion of a deploying parent, and in accordance with law of this state other
than this article, unless the court finds that the contact would be contrary to
the best interest of the child, a court shall grant limited contact to a
nonparent who is a family member of the child or an individual with whom the
child has a close and substantial relationship.
?48-31-307.
Nature of authority created by temporary custody order.
(a)
A grant of authority under this article is temporary and terminates under the
provisions of this article after the return from deployment of the deploying
parent, unless the grant has been terminated before that time by court order.
The grant does not create an independent, continuing right to caretaking
authority, decision-making authority or limited contact in an individual to
whom it is granted.
(b)
A nonparent granted caretaking authority, decision-making authority or limited
contact under this article may enforce the grant until it is terminated by
court order or under other provisions of this article.
?48-31-308.
Content of temporary custody order.
(a)
An order granting custodial responsibility under this article shall:
(1)
Designate the order as temporary; and
(2)
Identify to the extent feasible the destination, duration and conditions of the
deployment.
(b)
If applicable, an order for custodial responsibility under this article shall:
(1)
Specify the allocation of caretaking authority, decision-making authority or
limited contact among the deploying parent, the other parent, and any
nonparent;
(2)
If the order divides caretaking or decision-making authority between
individuals, or grants caretaking authority to one individual and limited
contact to another, provide a process to resolve any dispute that may arise;
(3)
Provide for liberal communication between the deploying parent and the child
during deployment, including through electronic means, unless contrary to the
best interest of the child, and allocate any costs of communications;
(4)
Provide for liberal contact between the deploying parent and the child during
the time the deploying parent is on leave or otherwise available, unless
contrary to the best interest of the child;
(5)
Provide for reasonable contact between the deploying parent and the child after
return from deployment until the temporary order is terminated, even if the
time of contact exceeds the time the deploying parent spent with the child
before entry of the temporary order; and
(6)
Provide that the order will terminate pursuant to the provisions of this
article after the deploying parent returns from deployment.
?48-31-309.
Order for child support.
If
a court has issued an order granting caretaking authority under this article,
or an agreement granting caretaking authority has been executed under section
two hundred one of this article, the court may enter a temporary order for
child support consistent with law of this state other than this article if the
court has jurisdiction under the Uniform Interstate Family Support Act.
?48-31-310.
Modifying or terminating grant of custodial responsibility to nonparent.
(a)
Except for an order under section three hundred four of this article, except as
otherwise provided in subsection (b) of this section, and consistent with the
Service Members Civil Relief Act, 50 U.S.C. ?3931 and ?3932, on motion of a
deploying or other parent or any nonparent to whom caretaking authority,
decision-making authority, or limited contact has been granted, the court may
modify or terminate the grant if the modification or termination is consistent
with this article and it is in the best interest of the child. A modification
is temporary and terminates pursuant to the provisions of this article after
the deploying parent returns from deployment, unless the grant has been
terminated before that time by court order.
(b)
On motion of a deploying parent, the court shall terminate a grant of limited
contact.
?48-31-401.
Procedure for terminating temporary grant of custodial responsibility
established by agreement.
(a)
At any time after return from deployment, a temporary agreement granting
custodial responsibility under section two hundred one of this article may be
terminated by an agreement to terminate signed by the deploying parent and the
other parent.
(b)
A temporary agreement under section two hundred one of this article granting custodial
responsibility terminates:
(1)
If an agreement to terminate under subsection (a) of this section specifies a
date for termination, on that date; or
(2)
If the agreement to terminate does not specify a date, on the date the
agreement to terminate is signed by the deploying parent and the other parent.
(c)
In the absence of an agreement under subsection (a) of this section to
terminate, a temporary agreement granting custodial responsibility terminates
under this article sixty days after the deploying parent gives notice to the
other parent that the deploying parent returned from deployment.
(d)
If a temporary agreement granting custodial responsibility was filed with a
court pursuant to section two hundred five of this article, an agreement to
terminate the temporary agreement also shall be filed with that court within a
reasonable time after the signing of the agreement. The case number and heading
of the case concerning custodial responsibility or child support shall be
provided to the court with the agreement to terminate.
?48-31-402.
Consent procedure for terminating temporary grant of custodial responsibility
established by court order.
At
any time after a deploying parent returns from deployment, the deploying parent
and the other parent may file with the court an agreement to terminate a
temporary order for custodial responsibility. After an agreement has been
filed, the court shall issue an order terminating the temporary order effective
on the date specified in the agreement. If a date is not specified, the order
is effective immediately.
?48-31-403.
Visitation before termination of temporary grant of custodial responsibility.
After
a deploying parent returns from deployment until a temporary agreement or order
for custodial responsibility established under this article is terminated, the
court shall issue a temporary order granting the deploying parent reasonable
contact with the child unless it is contrary to the best interest of the child,
even if the time of contact exceeds the time the deploying parent spent with
the child before deployment.
?48-31-404.
Termination by operation of law of temporary grant of custodial responsibility
established by court order.
(a)
If an agreement between the parties to terminate a temporary order for
custodial responsibility under this article has not been filed, the order
terminates sixty days after the deploying parent gives notice to the other
parent and any nonparent granted custodial responsibility that the deploying
parent has returned from deployment.
(b)
A proceeding seeking to prevent termination of a temporary order for custodial
responsibility is governed by law of this state other than this article; Provided, That no agreement of the
parties made pursuant to the provisions of this article shall be the basis for
a modification of the parents? permanent parenting plan made pursuant to
section four hundred two, article nine of this chapter.
?48-31-501.
Uniformity of application and construction.
In
applying and construing this uniform act, consideration shall be given to the
need to promote uniformity of the law with respect to its subject matter among
states that enact it.
?48-31-502.
Relation to Electronic Signatures in Global and National Commerce Act.
This
article modifies, limits, or supersedes the Electronic Signatures in Global and
National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of
that Act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of
the notices described in section 103(b) of that Act, 15 U.S.C. Section 7003(b).
?48-31-503.
Savings clause.
This
article does not affect the validity of a temporary court order concerning
custodial responsibility during deployment which was entered before the
effective date of this article.
The bill
Eng.
Com. Sub. for House Bill 2509, Relating to the practice of telemedicine.
On second reading, coming up in regular
order, was read a second time.
At the request of Senator
The following amendment to the bill, from
the Committee on
By striking everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 3.
WEST VIRGINIA MEDICAL PRACTICE ACT.
?30-3-13a.
Telemedicine practice; requirements; exceptions; definitions; rule-making.
(a) Definitions ? For the purposes of this section:
(1) ?Chronic
nonmalignant pain? means pain that has persisted after reasonable medical
efforts have been made to relieve the pain or cure its cause and that has
continued, either continuously or episodically, for longer than three
continuous months. ?Chronic nonmalignant pain? does not include pain associated
with a terminal condition or illness or with a progressive disease that, in the
normal course of progression, may reasonably be expected to result in a
terminal condition or illness.
(2) ?Physician?
means a person licensed by the West Virginia Board of Medicine to practice
allopathic medicine in West Virginia.
(3) ?Store
and forward telemedicine? means the asynchronous computer-based communication
of medical data or images from an originating location to a physician or
podiatrist at another site for the purpose of diagnostic or therapeutic
assistance.
(4) ?Telemedicine?
means the practice of medicine using tools such as electronic communication,
information technology, store and forward telecommunication, or other means of
interaction between a physician or podiatrist in one location and a patient in
another location, with or without an intervening health care provider.
(5) ?Telemedicine
technologies? means technologies and devices which enable secure electronic
communications and information exchange in the practice of telemedicine, and
typically involve the application of secure real-time audio/video conferencing
or similar secure video services, remote monitoring or store and forward
digital image technology to provide or support health care delivery by
replicating the interaction of a traditional in-person encounter between a
physician or podiatrist and a patient.
(b) Licensure ?
(1) The
practice of medicine occurs where the patient is located at the time the
telemedicine technologies are used.
(2) A
physician or podiatrist who practices telemedicine must be licensed as provided
in this article.
(3) This
section does not apply to:
(A) An informal consultation or second
opinion, at the request of a physician or podiatrist who is licensed to
practice medicine or podiatry in this state, provided that the physician or
podiatrist requesting the opinion retains authority and responsibility for the
patient?s care; and
(B) Furnishing of medical assistance by a
physician or podiatrist in case of an emergency or disaster, if no charge is
made for the medical assistance.
(c) Physician-patient or Podiatrist-patient
relationship through telemedicine encounter ?
(1) A
physician-patient or podiatrist-patient relationship may not be established
through:
(A)
Audio-only communication;
??????????? (B) Text-based communications such
as e-mail, Internet questionnaires, text-based messaging or other written forms
of communication; or
(C) Any
combination thereof.
(2) If an
existing physician-patient or podiatrist-patient relationship does not exist
prior to the utilization to telemedicine technologies, or if services are
rendered solely through telemedicine technologies, a physician-patient or
podiatrist-patient relationship may only be established:
??????????? (A) Through the use of telemedicine
technologies which incorporate interactive audio using store and forward
technology, real-time videoconferencing or similar secure video services during
the initial physician-patient or podiatrist-patient encounter; or
(B) For the
practice of pathology and radiology, a physician-patient relationship may be
established through store and forward telemedicine or other similar
technologies.
(3) Once a
physician-patient or podiatrist-patient relationship has been established,
either through an in-person encounter or in accordance with subdivision (2) of
this subsection, the physician or podiatrist may utilize any telemedicine
technology that meets the standard of care and is appropriate for the
particular patient presentation.
(d) Telemedicine practice ? A physician or
podiatrist using telemedicine technologies to practice medicine or podiatry
shall:
(1) Verify
the identity and location of the patient;
(2) Provide
the patient with confirmation of the identity and qualifications of the
physician or podiatrist;
(3) Provide
the patient with the physical location and contact information of the
physician;
(4)
Establish or maintain a physician-patient or podiatrist-patient relationship
that conforms to the standard of care;
(5)
Determine whether telemedicine technologies are appropriate for the particular
patient presentation for which the practice of medicine or podiatry is to be
rendered;
(6) Obtain
from the patient appropriate consent for the use of telemedicine technologies;
(7) Conduct
all appropriate evaluations and history of the patient consistent with
traditional standards of care for the particular patient presentation; and
(8) Create
and maintain health care records for the patient which justify the course of
treatment and which verify compliance with the requirements of this section,;
and
(9) The
requirements of subdivisions (1) through (8), inclusive, of this subsection of
subsection (d) in this section do not apply to the practice of pathology or
radiology medicine through store and forward telemedicine.
(e) Standard of care ?
The practice
of medicine or podiatry provided via telemedicine technologies, including the
establishment of a physician-patient or podiatrist-patient relationship and
issuing a prescription via electronic means as part of a telemedicine encounter,
are subject to the same standard of care, professional practice requirements
and scope of practice limitations as traditional in-person physician-patient or
podiatrist-patient encounters. Treatment, including issuing a prescription,
based solely on an online questionnaire, does not constitute an acceptable
standard of care.
(f) Patient records ?
The patient
record established during the use of telemedicine technologies shall be
accessible and documented for both the physician or podiatrist and the patient,
consistent with the laws and legislative rules governing patient health care
records. All laws governing the confidentiality of health care information and
governing patient access to medical records shall apply to records of practice
of medicine or podiatry provided through telemedicine technologies. A physician
or podiatrist solely providing services using telemedicine technologies shall
make documentation of the encounter easily available to the patient, and
subject to the patient?s consent, to any identified care provider of the
patient.
(g) Prescribing limitations ?
(1) A
physician or podiatrist who practices medicine to a patient solely through the
utilization of telemedicine technologies may not prescribe to that patient any
controlled substances listed in Schedule II of the Uniform Controlled
Substances Act: Provided,
That the prescribing limitations do not apply when a physician is providing
treatment to patients who
are minors, or if eighteen years of age or older, who are enrolled in a primary
or secondary education program who are diagnosed with
intellectual or developmental disabilities, neurological disease, Attention
Deficit Disorder, Autism, or a traumatic brain injury in accordance with
guidelines as set forth by organizations such as the American Psychiatric
Association, the American Academy of Child and Adolescent Psychiatry or the
American Academy of Pediatrics: Provided,
however, That the physician must maintain records supporting the diagnosis
and the continued need of treatment.
(2) A physician or podiatrist may not
prescribe any pain-relieving controlled substance listed in Schedules II
through V of the Uniform Controlled Substance Act as part of a course of
treatment for chronic nonmalignant pain solely based upon a telemedicine
encounter.
(3) A physician or health care provider may
not prescribe any drug with the intent of causing an abortion. The term ?abortion?
has the same meaning ascribed to it in section two, article two-f, chapter
sixteen of this code.
(h) Exceptions
?
This article does not prohibit the use of
audio-only or text-based communications by a physician or podiatrist who is:
(1) Responding to a call for patients
with whom a physician-patient or podiatrist-patient relationship has been
established through an in-person encounter by the physician or podiatrist;
(2) Providing cross coverage for a physician
or podiatrist who has established a physician-patient or podiatrist-patient
relationship with the patient through an in-person encounter; or
(3) Providing medical assistance in the
event of an emergency situation.
(i) Rulemaking ?
The West
Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine may
propose joint rules for legislative approval in accordance with article three,
chapter twenty-nine-a of this code to implement standards for and limitations
upon the utilization of telemedicine technologies in the practice of medicine
and podiatry in this state.
(j) Preserving traditional physician-patient or
podiatrist-patient relationship ?
Nothing in
this section changes the rights, duties, privileges, responsibilities and
liabilities incident to the physician-patient or podiatrist-patient
relationship, nor is it meant or intended to change in any way the personal
character of the physician-patient or podiatrist-patient relationship. This
section does not alter the scope of practice of any health care provider or
authorize the delivery of health care services in a setting, or in a manner,
not otherwise authorized by law.
ARTICLE 14.
OSTEOPATHIC PHYSICIANS AND SURGEONS.
?30-14-12d.
Telemedicine practice; requirements; exceptions; definitions; rulemaking.
(a) Definitions. ? For the purposes of this section:
(1) ?Chronic
nonmalignant pain? means pain that has persisted after reasonable medical
efforts have been made to relieve the pain or cure its cause and that has
continued, either continuously or episodically, for longer than three
continuous months. ?Chronic nonmalignant pain? does not include pain associated
with a terminal condition or illness or with a progressive disease that, in the
normal course of progression, may reasonably be expected to result in a
terminal condition or illness.
(2) ?Physician?
means a person licensed by the West Virginia Board of Osteopathic Medicine to
practice osteopathic medicine in West Virginia.
(3) ?Store
and forward telemedicine? means the asynchronous computer-based communication
of medical data or images from an originating location to a physician at
another site for the purpose of diagnostic or therapeutic assistance.
(4) ?Telemedicine?
means the practice of medicine using tools such as electronic communication,
information technology, store and forward telecommunication or other means of
interaction between a physician in one location and a patient in another
location, with or without an intervening health care provider.
(5) ?Telemedicine
technologies? means technologies and devices which enable secure electronic
communications and information exchange in the practice of telemedicine, and
typically involve the application of secure real-time audio/video conferencing
or similar secure video services, remote monitoring or store and forward
digital image technology to provide or support health care delivery by
replicating the interaction of a traditional in-person encounter between a
physician and a patient.
(b) Licensure ?
(1) The
practice of medicine occurs where the patient is located at the time the
telemedicine technologies are used.
(2) A
physician who practices telemedicine must be licensed as provided in this
article.
(3) This
section does not apply to:
(A) An
informal consultation or second opinion, at the request of a physician who is
licensed to practice medicine in this state, provided that the physician
requesting the opinion retains authority and responsibility for the patient?s
care; and
(B)
Furnishing of medical assistance by a physician in case of an emergency or
disaster if no charge is made for the medical assistance.
(c) Physician-patient relationship through
telemedicine encounter.
(1) A
physician-patient relationship may not
be established through:
(A)
Audio-only communication;
(B) Text-based
communications such as e-mail, Internet questionnaires, text-based messaging or
other written forms of communication; or
(C) Any
combination thereof.
(2) If an
existing physician-patient relationship is not present prior to the utilization
to telemedicine technologies, or if services are rendered solely through
telemedicine technologies, a physician-patient relationship may only be
established:
(A) Through
the use of telemedicine technologies which incorporate interactive audio using
store and forward technology, real-time videoconferencing or similar secure
video services during the initial physician-patient encounter; or
(B) For the
practice of pathology and radiology, a physician-patient relationship may be
established through store and forward telemedicine or other similar
technologies.
(3) Once a
physician-patient relationship has been established, either through an
in-person encounter or in accordance with subdivision (2) of this subsection,
the physician may utilize any telemedicine technology that meets the standard
of care and is appropriate for the particular patient presentation.
(d) Telemedicine practice ? A physician
using telemedicine technologies to practice medicine shall:
(1) Verify
the identity and location of the patient;
(2) Provide
the patient with confirmation of the identity and qualifications of the
physician;
(3) Provide
the patient with the physical location and contact information of the
physician;
(4)
Establish or maintain a physician-patient relationship which conforms to the
standard of care;
(5)
Determine whether telemedicine technologies are appropriate for the particular
patient presentation for which the practice of medicine is to be rendered;
(6) Obtain
from the patient appropriate consent for the use of telemedicine technologies;
(7) Conduct
all appropriate evaluations and history of the patient consistent with
traditional standards of care for the particular patient presentation; and
(8) Create
and maintain health care records for the patient which justify the course of
treatment and which verify compliance with the requirements of this section.;
and
(9) The
requirements of subdivisions (1) through (7), inclusive, of this subsection
of subsection (d) in this section do not apply to the practice of
pathology or radiology medicine through store and forward telemedicine.
(e) Standard of care ?
The practice
of medicine provided via telemedicine technologies, including the establishment
of a physician-patient relationship and issuing a prescription via electronic
means as part of a telemedicine encounter, are subject to the same standard of
care, professional practice requirements and scope of practice limitations as
traditional in-person physician-patient encounters. Treatment, including
issuing a prescription, based solely on an online questionnaire does not
constitute an acceptable standard of care.
(f) Patient records ?
The patient
record established during the use of telemedicine technologies shall be accessible
and documented for both the physician and the patient, consistent with the laws
and legislative rules governing patient health care records. All laws governing
the confidentiality of health care information and governing patient access to
medical records shall apply to records of practice of medicine provided through
telemedicine technologies. A physician solely providing services using
telemedicine technologies shall make documentation of the encounter easily
available to the patient, and subject to the patient?s consent, to any
identified care provider of the patient.
(g) Prescribing limitations ?
(1) A
physician who practices medicine to a patient solely through the utilization of
telemedicine technologies may not prescribe to that patient any controlled
substances listed in Schedule II of the Uniform Controlled Substances Act: Provided, That the prescribing
limitations do not apply when a physician is providing treatment to patients who are minors, or if eighteen years of age
or older, who are enrolled in a primary or secondary education program who are diagnosed with
intellectual or developmental disabilities, neurological disease, Attention
Deficit Disorder, Autism or a traumatic brain injury in accordance with
guidelines as set forth by organizations such as the American Psychiatric
Association, the American Academy of Child and Adolescent Psychiatry or the
American Academy of Pediatrics: Provided,
however, That the physician must maintain records supporting the diagnosis
and the continued need of treatment.
(2) A
physician may not prescribe any pain-relieving controlled substance listed in
Schedules II through V of the Uniform Controlled Substances Act as part of a
course of treatment for chronic nonmalignant pain solely based upon a telemedicine
encounter.
(3) A physician or health care provider may
not prescribe any drug with the intent of causing an abortion. The term ?abortion?
has the same meaning ascribed to it in section two, article two-f, chapter
sixteen of this code.
(h) Exceptions ?
This section
does not prohibit the use of audio-only or text-based communications by a
physician who is:
(1)
Responding to a call for patients with whom a physician-patient relationship
has been established through an in-person encounter by the physician;
(2)
Providing cross coverage for a physician who has established a
physician-patient or relationship with the patient through an in-person
encounter; or
(3)
Providing medical assistance in the event of an emergency situation.
(i) Rulemaking ?
The West
Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine may
propose joint rules for legislative approval in accordance with article three,
chapter twenty-nine-a of this code to implement standards for and limitations
upon the utilization of telemedicine technologies in the practice of medicine
in this state.
(j) Preservation of the traditional
physician-patient relationship.
Nothing in this section changes the rights, duties, privileges, responsibilities and liabilities incident to the physician-patient relationship, nor is it meant or intended to change in any way the personal character of the physician-patient relationship. This section does not alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.
The bill
Eng.
House Bill 2518, Creating a
legislative rule to permit a pharmacist or pharmacy intern to administer
certain immunizations.
On second reading, coming up in regular
order, was read a second time and ordered to third reading.
Eng.
Com. Sub. for House Bill 2519, Medicaid program compact.
On second reading, coming up in regular
order, was read a second time and ordered to third reading.
Eng.
House Bill 2522, Nurse
licensure compact.
On second reading, coming up in regular
order, was read a second time and ordered to third reading.
Eng.
Com. Sub. for House Bill 2526, Classifying additional drugs to Schedules I, II, IV and V of controlled
substances.
On second reading, coming up in regular
order, was read a second time.
The following amendment to the bill, from
the Committee on
By striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 2. STANDARDS AND SCHEDULES.
?60A-2-201. Authority of state Board of Pharmacy; recommendations to Legislature.
(a) The state Board of Pharmacy shall administer the provisions of this chapter. It shall also, on the first day of each regular legislative session, recommend to the Legislature which substances should be added to or deleted from the schedules of controlled substances contained in this article or reschedule therein. The state Board of Pharmacy shall also have the authority between regular legislative sessions, on an emergency basis, to add to or delete from the schedules of controlled substances contained in this article or reschedule such substances based upon the recommendations and approval of the federal food, drug and cosmetic agency, and shall report such actions on the first day of the regular legislative session immediately following said actions.
In making any such recommendation regarding a substance, the state Board of Pharmacy shall consider the following factors:
(1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological effect, if known;
(3) The state of current scientific knowledge regarding the substance;
(4) The history and current pattern of abuse;
(5) The scope, duration and significance of abuse;
(6) The potential of the substance to produce psychic or physiological dependence liability; and
(7) Whether the substance is an immediate precursor of a substance already controlled under this article.
(b) After considering the factors enumerated in subsection (a), the state Board of Pharmacy shall make findings with respect to the substance under consideration. If it finds that any substance not already controlled under any schedule has a potential for abuse, it shall recommend to the Legislature that the substance be added to the appropriate schedule. If it finds that any substance already controlled under any schedule should be rescheduled or deleted, it shall so recommend to the Legislature.
(c) If the state Board of Pharmacy designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
(d) If any substance is designated, rescheduled or deleted as a controlled substance under federal laws and notice thereof is given to the state Board of Pharmacy, the board shall recommend similar control of such substance to the Legislature, specifically stating that such recommendation is based on federal action and the reasons why the federal government deemed such action necessary and proper.
(e) The authority vested in the board by subsection (a) of this section shall not extend to distilled spirits, wine, malt beverages or tobacco as those terms are defined or used in other chapters of this code nor to any nonnarcotic substance if such substance may under the ?Federal Food, Drug and Cosmetic Act? and the law of this state lawfully be sold over the counter without a prescription.
(f)
Notwithstanding any provision of this chapter to the contrary, the sale,
wholesale, distribution or prescribing of a cannabidiol in a product approved
by the Food and Drug Administration is permitted and shall be placed on the
schedule as provided for by the Drug Enforcement Administration.
60A-2-204. Schedule I.
(a) Schedule I shall
consist of the drugs and other substances, by whatever official name, common or
usual name, chemical name, or brand name designated, listed in this section.
(b) Opiates. Unless
specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts and salts of
isomers, esters and ethers, whenever the existence of such isomers, esters,
ethers and salts is possible within the specific chemical designation (for
purposes of subdivision (34) of this subsection only, the term isomer includes
the optical and geometric isomers):
(1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl) -4-piperidinyl]?phenylacetamide);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol (except levoalphacetylmethadol also
known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(5) Alphameprodine;
(6) Alphamethadol;
(7)Alpha-methylfentanyl
(N-[1-(alpha-methyl-beta-phenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(?
propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)
ethyl- 4-piperidinyl]?phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl) -4-
piperidinyl]-N-phenylpropanamide);
(12)
Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-
hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26)
Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Fentanyl analog or
derivative, as that term is defined in article one of this chapter: Provided, That fentanyl remains a
Schedule II substance, as set forth in section two hundred six of this article;
(29) (30) Furethidine;
(30) (31) Hydroxypethidine;
(31) (32) Ketobemidone;
(32) (33) Levomoramide;
(33) (34) Levophenacylmorphan;
(34) (35) 3-Methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-4- piperidyl]-N-phenylpropanamide);
(35) (36)
3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl) ethyl-4- piperidinyl]?phenylpropanamide);
(36) (37) Morpheridine;
(37) (38) MPPP
(1-methyl-4-phenyl-4-propionoxypiperidine);
(38) (39) Noracymethadol;
(39) (40) Norlevorphanol;
(40) (41) Normethadone;
(41) (42) Norpipanone;
(42) (43) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2- phenethyl)-4-piperidinyl] propanamide);
(43) (44)
PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) (45) Phenadoxone;
(45) (46) Phenampromide;
(46) (47) Phenomorphan;
(47) (48) Phenoperidine;
(48) (49) Piritramide;
(49) (50) Proheptazine;
(50) (51) Properidine;
(51) (52) Propiram;
(52) (53) Racemoramide;
(53) (54) Thiofentanyl (N-phenyl-N-[1-(2-thienyl) ethyl-4-
piperidinyl]-propanamide);
(54) (55) Tilidine;
(55) (56) Trimeperidine.
(c) Opium derivatives.
? Unless specifically excepted or unless listed in another schedule, any of the
following opium immediate derivatives, its salts, isomers and salts of isomers
whenever the existence of such salts, isomers and salts of isomers is possible
within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except HCl
Salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine
methylbromide;
(16) Morphine
methylsulfonate;
(17) Morphine-N-Oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicomorphine;
(21) Normorphine;
(22) Pholcodine;
(23) Thebacon.
(d) Hallucinogenic
substances. ? Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture or preparation, which contains any
quantity of the following hallucinogenic substances, or which contains any of
its salts, isomers and salts of isomers, whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific chemical
designation (for purposes of this subsection only, the term ?isomer? includes
the optical, position and geometric isomers):
(1) Alpha-ethyltryptamine;
some trade or other names: etryptamine; Monase;
alpha-ethy-1H-indole-3-ethanamine; 3-(2- aminobutyl) indole; alpha-ET; and AET;
(2) 4-bromo-2,
5-dimethoxy-amphetamine; some trade or other names:
4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo- 2,5-DMA;
(3)
4-Bromo-2,5-dimethoxyphenethylamine; some trade or other names:
2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha- desmethyl DOB; 2C-B,
Nexus;
(4)(A)
N-(2-Methoxybenzyl)-4-bromo-2, 5-dimethoxyphenethylamine. The substance has the
acronym 25B-NBOMe.
(B)
2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25C-NBOMe).
(C)
2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine (25I-NBOMe)
(5)
2,5-dimethoxyamphetamine; some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA;
(6)
2,5-dimethoxy-4-ethylamphet-amine; some trade or other names: DOET;
(7)
2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name: 2C-T-7);
(8) 4-methoxyamphetamine;
some trade or other names: 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
PMA;
(9) 5-methoxy-3,
4-methylenedioxy-amphetamine;
(10)
4-methyl-2,5-dimethoxy-amphetamine; some trade and other names:
4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; ?DOM?; and ?STP?;
(11) 3,4-methylenedioxy
amphetamine;
(12) 3,4-methylenedioxymethamphetamine
(MDMA);
(13)
3,4-methylenedioxy-N-ethylamphetamine (also known as ? ethyl-alpha-methyl-3,4
(methylenedioxy) phenethylamine, N-ethyl MDA, MDE, MDEA);
(14)
N-hydroxy-3,4-methylenedioxyamphetamine (also known as ? hydroxy-alpha-methyl-3,4
(methylenedioxy) phenethylamine, and ? hydroxy MDA);
(15) 3,4,5-trimethoxy
amphetamine;
(15) (16) 5-methoxy-N,
N-dimethyltryptamine (5-MeO-DMT);
(17) Alpha-methyltryptamine
(other name: AMT);
(18) Bufotenine; some trade
and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole;3-(2-dimethylaminoethyl)
-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N- dimethyltryptamine; mappine;
(19) Diethyltryptamine;
sometrade and other names: N, N-Diethyltryptamine; DET;
(20) Dimethyltryptamine;
some trade or other names: DMT;
(21) 5-Methoxy-N,
N-diisopropyltryptamine (5-MeO-DIPT);
(22) Ibogaine; some trade
and other names: 7-Ethyl-6, 6 Beta, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
9-methano-5H- pyrido [1?, 2?: 1, 2] azepino [5,4-b] indole; Tabernanthe iboga;
(23) Lysergic acid
diethylamide;
(24) Marijuana;
(25) Mescaline;
(26) Parahexyl-7374; some
trade or other names: 3-Hexyl -1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
9-trimethyl-6H-dibenzo [b,d] pyran; Synhexyl;
(27) Peyote; meaning all
parts of the plant presently classified botanically as Lophophora williamsii
Lemaire, whether growing or not, the seeds thereof, any extract from any part
of such plant, and every compound, manufacture, salts, immediate derivative,
mixture or preparation of such plant, its seeds or extracts;
(28) N-ethyl-3-piperidyl
benzilate;
(29) N-methyl-3-piperidyl
benzilate;
(30) Psilocybin;
(31) Psilocyn;
(32) Tetrahydrocannabinols;
synthetic equivalents of the substances contained in the plant, or in the
resinous extractives of Cannabis, sp. and/or synthetic substances, immediate
derivatives and their isomers with similar chemical structure and
pharmacological activity such as the following:
delta-1 Cis or trans
tetrahydrocannabinol, and their optical isomers;
delta-6 Cis or trans
tetrahydrocannabinol, and their optical isomers;
delta-3,4 Cis or trans
tetrahydrocannabinol, and its optical isomers;
(Since nomenclature of
these substances is not internationally standardized, compounds of these
structures, regardless of numerical designation of atomic positions covered).
(33) Ethylamine analog of
phencyclidine; some trade or other names: N-ethyl-1-phenylcyclohexylamine,
(1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine,
cyclohexamine, PCE;
(34) Pyrrolidine analog of
phencyclidine; some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine,
PCPy, PHP;
(35) Thiophene analog of
phencyclidine; some trade or other names:
1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine;
TPCP, TCP;
(36) 1[1-(2-thienyl)cyclohexyl]pyrroldine;
some other names: TCPy.
(37) 4-methylmethcathinone
(Mephedrone);
(38)
3,4-methylenedioxypyrovalerone (MDPV);
(39)
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(40)
2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D)
(41) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine
(2C-C)
(42)
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I)
(43)
2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2)
(44)
2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4)
(45) 2-(2,5-Dimethoxyphenyl)ethanamine
(2C-H)
(46)
2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine (2C-N)
(47) 2-(2,5-Dimethoxy-
4-(n)-propylphenyl)ethanamine
(2C-P)
(48)
3,4-Methylenedioxy-N-methylcathinone (Methylone)
(49)
(2,5-dimethoxy-4-(n)-propyltghiophenethylamine (2C-T-7, itsoptical isomers,
salts and salts of isomers
(50) 5-methoxy-N,
N-dimethyltryptamine some trade or other names:
5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT(5-MeO-DMT)
(51) Alpha-methyltryptamine
(other name: AMT)
(52) 5-methoxy-N,
N-diisopropyltryptamine (other name: 5-MeO-DIPT)
(53) Synthetic Cannabinoids
as follows:
(A)
2-[(1R,3S)-3-hydroxycyclohexyl]-5- (2-methyloctan-2-yl) phenol) {also known as
CP 47,497 and homologues};
(B)
rel-2-[(1S,3R)-3-hydroxycyclohexyl] -5-(2-methylnonan-2-yl) phenol {also known
as CP 47,497-C8 homolog};
(C) [(6aR)-9-(hydroxymethyl)-6,
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7,10,10a-tetrahydrobenzo[c]chromen-1-ol)]
{also known as HU-210};
(D) (dexanabinol);
(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo
l[c]chromen-1-ol) {also
known as HU-211};
(E)
1-Pentyl-3-(1-naphthoyl) indole {also known as JWH-018};
(F) 1-Butyl-3-(1-naphthoyl)
indole {also known as JWH-073};
(G)
(2-methyl-1-propyl-1H-indol-3-yl)-1-napthalenyl-methanone {also known as
JWH-015};
(H)
(1-hexyl-1H-indol-3-yl)-1-naphthalenyl-methanone {also known as JWH-019};
(I) [1-[2-(4-morpholinyl)
ethyl] -1H-indol-3-yl]-1-naphthalenyl-methanone {also known as JWH-200};
(J)
1-(1-pentyl-1H-indol-3-yl)-2-(3-hydroxyphenyl)-ethanone {also known as
JWH-250};
(K)
2-((1S,2S,5S)-5-hydroxy-2- (3-hydroxtpropyl)cyclohexyl)
-5-(2-methyloctan-2-yl)phenol {also known as CP 55,940};
(L)
(4-methyl-1-naphthalenyl) (1-pentyl-1H-indol-3-yl) -methanone {also known as
JWH-
122};
(M)
(4-methyl-1-naphthalenyl) (1-pentyl-1H-indol-3-yl) -methanone {also known as
JWH-
398;
(N)
(4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone {also known as RCS-4};
(O)
1-(1-(2-cyclohexylethyl) -1H-indol-3-yl) -2-(2-methoxyphenyl) ethanone {also
known as RCS-8};
(P)
1-pentyl-3-[1-(4-methoxynaphthoyl) indole (JWH-081);
(Q)
1-(5-fluoropentyl)-3-(1-naphthoyl) indole (AM2201); and
(R)
1-(5-fluoropentyl)-3-(2-iodobenzoyl) indole (AM694).
(54) Synthetic cannabinoids
or any material, compound, mixture or preparation which contains any quantity
of the following substances, including their analogues, congeners, homologues,
isomers, salts and salts of analogues, congeners, homologues and isomers, as
follows:
(A) CP 47,497 AND
homologues, 2-[(1R,3S)-3-Hydroxycyclohexyl]-5-(2-methyloctan-2-
YL) phenol);
(B) HU-210,
[(6AR,10AR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-Methyloctan-2-YL)-6A,7,10,
10A-tetrahydrobenzo[C] chromen-1-OL)];
(C) HU-211, (dexanabinol,
(6AS,10AS)-9-(hydroxymethyl)-6,6-Dimethyl-3-(2-methyloctan-2-YL)-6A,7,10,10atetrahydrobenzo
[ C] chromen-1-OL);
(D) JWH-018,
1-pentyl-3-(1-naphthoyl) indole;
(E) JWH-019,
1-hexyl-3-(1-naphthoyl) indole;
(F) JWH-073,
1-butyl-3-(1-naphthoyl) indole;
(G) JWH-200,
(1-(2-morpholin-4-ylethyl) indol-3-yl)- Naphthalen-1-ylmethanone;
(H) JWH-250,
1-pentyl-3-(2-methoxyphenylacetyl) indole.
(55) Synthetic cannabinoids
including any material, compound, mixture or preparation that is not listed as
a controlled substance in Schedule I through V, is not a federal Food and Drug
Administration approved drug or used within legitimate and approved medical
research and which contains any quantity of the following substances, their
salts, isomers, whether optical positional or geometric, analogues, homologues
and salts of isomers, analogues and homologues, unless specifically exempted,
whenever the existence of these salts, isomers, analogues, homologues and salts
of isomers, analogues and homologues if possible within the specific chemical
designation:
(A) Tetrahydrocannabinols
meaning tetrahydrocannabinols which are naturally contained in a plant of the
genus cannabis as well as synthetic equivalents of the substances contained in
the plant or in the resinous extractives of cannabis or synthetic substances,
derivatives and their isomers with analogous chemical structure and or
pharmacological activity such as the following:
(i) DELTA-1 CIS OR trans
tetrahydrocannabinol and their Optical isomers.
(ii) DELTA-6 CIS OR trans tetrahydrocannabinol
and their Optical isomers.
(iii) DELTA-3,4 CIS OR their
trans tetrahydrocannabinol and their optical isomers.
(B) Naphthoyl indoles or
any compound containing a 3-(-1- Napthoyl) indole structure with substitution
at the nitrogen atom of the indole ring whether or not further substituted in
the indole ring to any extent and whether or not substituted in the naphthyl
ring to any extent. This shall include the following:
(i) JWH 015;
(ii) JWH 018;
(iii) JWH 019;
(iv) JWH 073;
(v) JWH 081;
(vi) JWH 122;
(vii) JWH 200;
(viii) JWH 210;
(ix) JWH 398;
(x) AM 2201;
(xi) WIN 55,212.
(56) Synthetic
Phenethylamines (including their optical, positional, and geometric isomers,
salts and salts of isomers, whenever the existence of such salts, isomers, and
salts of isomers):
(A)
2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe/
2C-I-NBOMe);
(B)
2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
(25C-NBOMe/2C-C-NBOMe);
(C)
2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe/
2C-B-NBOMe);
(57) Synthetic Opioids
(icluding their isomers, esters, ethers, salts and salts of isomers, esters and
ethers):
(A)
N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
(B) furanyl fentanyl;
(C)
3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (also known as
U-47700);
(D)
N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide, also known as
N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide, (butyryl fentanyl);
(E)
N-[1-[2-hydroxy-2-(thiophen-2-yl)ethylpiperidin-4-yl]-N-phenylpropionamide,
also known as N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide,
(beta-hydroxythiofentanyl).
(58) Opioid Receptor
Agonist (including its isomers, esters, ethers, salts, and salts of isomers,
esters and ethers):
(A) AH-7921
(3,4-dichloro-N- (1dimethylamino)cyclohexylmethyl]benzamide).
(56) (59) Naphylmethylindoles or any compound
containing a 1hindol-3-yl-(1-naphthyl) methane structure with a substitution at
the nitrogen atom of the indole ring whether or not further substituted in the
indole ring to any extent and whether or not substituted in the naphthyl ring
to any extent. This shall include, but not be limited to, JWH 175 and JWH 184.
(57) (60) Naphthoylpyrroles or any compound
containing a 3-(1- Naphthoyl) pyrrole structure with substitution at the
nitrogen atom of the pyrrole ring whether or not further substituted in the
pyrrole ring to any extent and whether or not substituted in the naphthyl ring
to any extent. This shall include, but not be limited to, JWH 147 and JWH 307.
(58) (61) Naphthylmethylindenes or any compound
containing a Naphthylideneindene structure with substitution at the 3- Position
of the indene ring whether or not further substituted in the indene ring to any
extent and whether or not substituted in the naphthyl ring to any extent. This
shall include, but not be limited to, JWH 176.
(59) (62) Phenylacetylindoles or any compound
containing a 3- Phenylacetylindole structure with substitution at the nitrogen
atom of the indole ring whether or not further substituted in the indole ring
to any extent and whether or not substituted in the phenyl ring to any extent.
This shall include the following:
(A) RCS-8, SR-18 OR BTM-8;
(B) JWH 250;
(C) JWH 203;
(D) JWH 251;
(E) JWH 302.
(60) (63) Cyclohexylphenols or any compound
containing a 2-(3- hydroxycyclohexyl) phenol structure with a substitution at
the 5-position of the phenolic ring whether or not substituted in the
cyclohexyl ring to any extent. This shall include the following:
(A) CP 47,497 and its
homologues and analogs;
(B) Cannabicyclohexanol;
(C) CP 55,940.
(61) (64) Benzoylindoles or any compound containing
a 3-(benzoyl) indole structure with substitution at the nitrogren atom of the
indole ring whether or not further substituted in the indole ring to any extent
and whether or not substituted in the phenyl ring to any extent. This shall
include the following:
(A) AM 694;
(B) Pravadoline WIN 48,098;
(C) RCS 4;
(D) AM 679.
(62) (65) [2,3-dihydro-5
methyl-3-(4-morpholinylmethyl)pyrrolo [1,2,3-DE]-1,
4-benzoxazin-6-YL]-1-napthalenymethanone. This shall include WIN 55,212-2.
(63) (66) Dibenzopyrans or any compound containing
a 11-hydroxydelta 8-tetrahydrocannabinol structure with substitution on the
3-pentyl group. This shall include HU-210, HU-211, JWH 051 and JWH 133.
(64) (67) Adamantoylindoles or any compound
containing a 3-(-1- Adamantoyl) indole structure with substitution at the
nitrogen atom of the indole ring whether or not further substituted in the
adamantoyl ring system to any extent. This shall include AM1248.
(65) (68) Tetramethylcyclopropylindoles or any
compound containing A 3-tetramethylcyclopropylindole structure with
substitution at the nitrogen atom of the indole ring whether or not further
substituted in the indole ring to any extent and whether or not substituted in
the tetramethylcyclopropyl ring to any extent. This shall include UR-144 and
XLR-11.
(66) (69)
N-(1-Adamantyl)-1-pentyl-1h-indazole-3-carboxamide. This shall include AKB48.
(67) (70) Any other synthetic chemical compound
that is a Cannabinoid receptor type 1 agonist as demonstrated by binding
studies and functional assays that is not listed in Schedules II, III, IV and
V, not federal Food and Drug Administration approved drug or used within
legitimate, approved medical research. Since nomenclature of these substances
is not internationally standardized, any immediate precursor or immediate
derivative of these substances shall be covered.
(68) (71) Tryptamines:
(A) 5- methoxy- N-
methyl-N-isopropyltryptamine (5-MeO-MiPT)
(B) 4-hydroxy-N,
N-diisopropyltryptamine (4-HO-DiPT)
(C)
4-hydroxy-N-methyl-N-isopropyltryptamine (4-HO-MiPT)
(D)
4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET)
(E) 4-acetoxy-N,
N-diisopropyltryptamine (4-AcO-DiPT)
(F)
5-methoxy-α-methyltryptamine (5-MeO-AMT)
(G) 4-methoxy-N,
N-Dimethyltryptamine (4-MeO-DMT)
(H) 4-hydroxy
Diethyltryptamine (4-HO-DET)
(I) 5- methoxy- N, N-
diallyltryptamine (5-MeO-DALT)
(J) 4-acetoxy-N,
N-Dimethyltryptamine (4-AcO DMT)
(K) 4-hydroxy
Diethyltryptamine (4-HO-DET)
(72)????? N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide
(AB-CHMINACA);
(73)
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide
(AB-PINACA);
(74) [1-(5-fluoropentyl)-1H-indazol-3-yl
(naphthalen-1-yl)methanone (THJ-2201);
(75) quinolin-8-yl
1-pentyl-1H-indole-3-carboxylate (PB-22; QUPIC);
(76) quinolin-8-yl
1-(5-fluoropentyl)-1H-indole-3-carboxylate (5-fluoro-PB-22; 5F-PB-22);
(77)????? N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide
(AB-FUBINACA);
(78)????? N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide
(ADB-PINACA); and
(79)????? N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide
(common names, MAB-CHMINACA and ADB-CHMINACA);
(e) Depressants. ?
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system,
including its salts, isomers and salts of isomers whenever the existence of
such salts, isomers and salts of isomers is possible within the specific
chemical designation:
(1) Mecloqualone;
(2) Methaqualone.
(f) Stimulants. ?
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system,
including its salts, isomers and salts of isomers:
(1) Aminorex; some other
names: aminoxaphen; 2-amino-5- phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine;
(2) Cathinone; some trade
or other names: 2-amino-1-phenyl-1- propanone, alpha-aminopropiophenone,
2-aminopropiophenone and norephedrone;
(3) Fenethylline;
(4) Methcathinone, its
immediate precursors and immediate derivatives, its salts, optical isomers and
salts of optical isomers; some other names: (2-(methylamino)-propiophenone;
alpha-
(methylamino)propiophenone;
2-(methylamino)-1-phenylpropan-1- one; alpha?-methylaminopropiophenone;
monomethylpropion; 3,4-methylenedioxypyrovalerone and/or
mephedrone;3,4-methylenedioxypyrovalerone (MPVD); ephedrone; N-methylcathinone;
methylcathinone; AL-464; AL-422; AL- 463 and UR1432;
(5) (+-)
cis-4-methylaminorex; ((+-) cis-4,5-dihydro-4-methyl- 5-phenyl-2-oxazolamine);
(6) N-ethylamphetamine;
(7)
N,N-dimethylamphetemine; also known as N,N-alpha- trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine.
(8)
Alpha-pyrrolidinopentiophenone, also known as alpha-PVP, optical isomers, salts
and salts of isomers.
(9) Substituted
amphetamines:
(A) 2-Fluoroamphetamine
(B) 3-Fluoroamphetamine
(C) 4-Fluoroamphetamine
(D) 2-chloroamphetamine
(E) 3-chloroamphetamine
(F) 4-chloroamphetamine
(G) 2-Fluoromethamphetamine
(H) 3-Fluoromethamphetamine
(I) 4-Fluoromethamphetamine
(J) 4-chloromethamphetamine
(10)
4-methyl-N-ethylcathinone (4-MEC);
(11)
4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
(12)
1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
(13)
2-(methylamino)-1-phenylpentan-1-one (pentedrone);
(14)
1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
(15)
4-fluoro-N-methylcathinone (4-FMC);
(16)
3-fluoro-N-methylcathinone (3-FMC);
(17)
1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (naphyrone); and
(18) Alpha-pyrrolidinobutiophenone
(α-PBP).
(g) Temporary listing of
substances subject to emergency scheduling. Any material, compound, mixture or
preparation which contains any quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, salts, and salts of isomers.
(2) N-[1-(2-thienyl) methyl-4-piperidyl]-N-phenylpropanamide
(thenylfentanyl), its optical isomers, salts and salts of isomers.
(3) N-benzylpiperazine,
also known as BZP.
(h) The following
controlled substances are included in Schedule I:
(1) Synthetic Cathinones or
any compound, except bupropion or compounds listed under a different schedule,
or compounds used within legitimate and approved medical research, structurally
derived from 2- Aminopropan-1-one by substitution at the 1-position with
Monocyclic or fused polycyclic ring systems, whether or not the compound is
further modified in any of the following ways:
(A) By substitution in the
ring system to any extent with Alkyl, alkylenedioxy, alkoxy, haloalkyl,
hydroxyl or halide Substituents whether or not further substituted in the ring
system by one or more other univalent substituents.
(B) By substitution at the
3-Position with an acyclic alkyl substituent.
(C) By substitution at the
2-amino nitrogen atom with alkyl, dialkyl, benzyl or methoxybenzyl groups.
(D) By inclusion of the
2-amino nitrogen atom in a cyclic structure.
(2) Any other synthetic
chemical compound that is a Cannabinoid receptor type 1 agonist as demonstrated
by binding studies and functional assays that is not listed in Schedules II,
III, IV and V, not federal Food and Drug Administration approved drug or used
within legitimate, approved medical research.
?60A-2-206. Schedule II.
(a) Schedule II consists of
the drugs and other substances, by whatever official name, common or usual
name, chemical name or brand name designated, listed in this section.
(b) Substances,
vegetable origin or chemical synthesis. ? Unless specifically excepted or
unless listed in another schedule, any of the following substances whether
produced directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:
(1) Opium and opiate, and
any salt, compound, derivative or preparation of opium or opiate excluding
apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,
naloxone and naltrexone, and their respective salts, but including the
following:
(A) Raw opium;
(B) Opium extracts;
(C) Opium fluid;
(D) Powdered opium;
(E) Granulated opium;
(F) Tincture of opium;
(G) Codeine;
(H) Dihydroetorphine;
(I) Ethylmorphine;
(J) Etorphine
hydrochloride;
(K) Hydrocodone;
(L) Hydromorphone;
(M) Metopon;
(N) Morphine;
(O) Oripavine;
(P) Oxycodone;
(Q) Oxymorphone; and
(R) Thebaine;
(2) Any salt, compound,
derivative or preparation thereof which is chemically equivalent or identical
with any of the substances referred to in subdivision (1) of this subsection,
except that these substances shall not include the isoquinoline alkaloids of
opium;
(3) Opium poppy and poppy
straw;
(4) Coca leaves and any
salt, compound, derivative or preparation of coca leaves (including cocaine and
ecgonine and their salts, isomers, derivatives and salts of isomers and
derivatives), and any salt, compound, derivative or preparation thereof which
is chemically equivalent or identical with any of these substances, except that
the substances shall not include decocainized coca leaves or extractions of
coca leaves, which extractions do not contain cocaine or ecgonine;
(5) Concentrate of poppy
straw (the crude extract of poppy straw in either liquid, solid or powder form
which contains the phenanthrene alkaloids of the opium poppy).
(c) Opiates. ?
Unless specifically excepted or unless in another schedule, any of the
following opiates, including its isomers, esters, ethers, salts and salts of
isomers, esters and ethers whenever the existence of such isomers, esters,
ethers and salts is possible within the specific chemical designation,
dextrorphan and levopropoxyphene excepted:
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Bulk dextropropoxyphene
(nondosage forms);
(6) Carfentanil;
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) Isomethadone;
(11)
Levo-alphacetylmethadol; some other names: levo-alpha-acetylmethadol,
levomethadyl acetate, LAAM;
(12) Levomethorphan;
(13) Levorphanol;
(14) Metazocine;
(15) Methadone;
(16) Methadone-Intermediate,
4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(17) Moramide-Intermediate,
2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic
acid;
(18) Pethidine;
(meperidine);
(19)
Pethidine-Intermediate-A, 4-cyano-1-methyl-4- phenylpiperidine;
(20)
Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(21)
Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(22) Phenazocine;
(23) Piminodine;
(24) Racemethorphan;
(25) Racemorphan;
(26) Remifentanil;
(27) Sufentanil; and
(28) Tapentadol and
(29) Thiafentanil
(4-(methoxycarbonyl)-4-(N-phenmethoxyacetamido)-1-2-(thienyl)ethylpiperidine),
including its isomers, esters, ethers, salts and salts of isomers, esters and
ethers.
(d) Stimulants. ?
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system:
(1) Amphetamine, its salts,
optical isomers and salts of its optical isomers;
(2) Methamphetamine, its
salts, isomers and salts of its isomers;
(3) Methylphenidate;
(4) Phenmetrazine and its
salts; and
(5) Lisdexamfetamine.
(e) Depressants. ?
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system,
including its salts, isomers and salts of isomers whenever the existence of
such salts, isomers and salts of isomers is possible within the specific
chemical designation:
(1) Amobarbital;
(2) Glutethimide;
(3) Pentobarbital;
(4) Phencyclidine;
(5) Secobarbital.
(f) Hallucinogenic
substances:
Nabilone: [Another name for
nabilone: (+-)-trans-3-(1, 1-dimethylheptyl)-6, 6a, 7, 8, 10,
10a-hexahydro-1-hydroxy-6, 6-dimethyl-9H-dibenzo [b,d] pyran-9-one].
(g) Immediate
precursors. ? Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation which contains any
quantity of the following substances:
(1) Immediate precursor to
amphetamine and methamphetamine:
(A) Phenylacetone;
(B) Some trade or other
names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone;
(2) Immediate precursors to
phencyclidine (PCP):
(A)
1-phenylcyclohexylamine; and
(B)
1-piperidinocyclohexanecarbonitrile (PCC).
(3) Immediate precursor to
fentanyl:
4-anilino-N-phenethyl-4-piperidine
(ANPP).
?60A-2-210. Schedule IV.
(a) Schedule IV shall
consist of the drugs and other substances, by whatever official name, common or
usual name, chemical name, or brand name designated, listed in this section.
(b) Narcotic drugs. ?
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation containing any of the following
narcotic drugs, or their salts calculated as the free anhydrous base or
alkaloid, in limited quantities as set forth below:
(1) Not more than 1
milligram of difenoxin and not less than 25 micrograms of atropine sulfate per
dosage unit;
(2) Dextropropoxyphene
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).
(c) Depressants. ?
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of the
following substances, including its salts, isomers and salts of isomers
whenever the existence of such salts, isomers and salts of isomers is possible
within the specific chemical designation:
(1) Alprazolam;
(2) Barbital;
(3) Bromazepam;
(4) Camazepam;
(5) Carisoprodol;
(6) Chloral betaine;
(7) Chloral hydrate;
(8) Chlordiazepoxide;
(9) Clobazam;
(10) Clonazepam;
(11) Clorazepate;
(12) Clotiazepam;
(13) Cloxazolam;
(14) Delorazepam;
(15) Diazepam;
(16) Dichloralphenazone;
(17) Estazolam;
(18) Ethchlorvynol;
(19) Ethinamate;
(20) Ethyl loflazepate;
(21) Fludiazepam;
(22)
Flunitrazepam;
(23) Flurazepam;
(24) Fospropofol;
(25) Halazepam;
(26) Haloxazolam;
(27) Ketazolam;
(28) Loprazolam;
(29) Lorazepam;
(30) Lormetazepam;
(31) Mebutamate;
(32) Medazepam;
(33) Meprobamate;
(34) Methohexital;
(35) Methylphenobarbital
(mephobarbital);
(36) Midazolam;
(37) Nimetazepam;
(38) Nitrazepam;
(39) Nordiazepam;
(40) Oxazepam;
(41) Oxazolam;
(42) Paraldehyde;
(43) Petrichloral;
(44) Phenobarbital;
(45) Pinazepam;
(46) Prazepam;
(47) Quazepam;
(48) Temazepam;
(49) Tetrazepam;
(50) Triazolam;
(51) Zaleplon;
(52) Zolpidem;
(53) Zopiclone?
(54) Suvorexant
([(7R)-4-(5-chloro-1,3-benzoxazol-2-yl)-7-methyl-1,4-diazepan-1-yl]
[5-methyl-2-(2H-1,2,3-triazol-2-yl)phenyl]methanone).
(d) Any material, compound,
mixture or preparation which contains any quantity of the following substance,
including its salts, isomers (whether optical, position or geometric) and salts
of such isomers whenever the existence of such salts, isomers and salts of
isomers is possible: Fenfluramine and Dexfenfluramine.
(e) Stimulants. ?
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system,
including its salts, isomers and salts of isomers:
(1) Cathine
((+)-norpseudoephedrine);
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(6) Mefenorex;
(7) Modafinil;
(8) Pemoline (including
organometallic complexes and chelates thereof);
(9) Phentermine;
(10) Pipradrol;
(11) Sibutramine;
(12) SPA
((-)-1-dimethylamino-1,2-diphenylethane);
(13) Eluxadoline
(5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl
[(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid);
(f) Other substances.
? Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture or preparation which contains any quantity of the
following substances, including its salts:
(1) Pentazocine;
(2) Butorphanol;
(3) tramadol
hydrochloride. Tramadol (2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)
cyclohexanol).
Amyl nitrite, butyl
nitrite, isobutyl nitrite and the other organic nitrites are controlled
substances and no product containing these compounds as a significant component
shall be possessed, bought or sold other than pursuant to a bona fide
prescription or for industrial or manufacturing purposes.
?60A-2-212. Schedule V.
(a) Schedule V shall
consist of the drugs and other substances, by whatever official name, common or
usual name, chemical name, or brand name designated, listed in this section.
(b) Narcotic drugs
containing nonnarcotic active medicinal ingredients. Any compound, mixture or
preparation containing any of the following narcotic drugs or their salts
calculated as the free anhydrous base or alkaloid in limited quantities as set
forth below, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound, mixture or
preparation valuable medicinal qualities other than those possessed by the
narcotic drug alone:
(1) Not more than 200
milligrams of codeine per 100 milliliters or per 100 grams;
(2) Not more than 100
milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(3) Not more than 100
milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(4) Not more than 2.5
milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate
per dosage unit;
(5) Not more than 100
milligrams of opium per 100 milliliters or per 100 grams;
(6) Not more than 0.5
milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per
dosage unit.
(c) Stimulants. ? Unless specifically exempted or excluded or unless
listed in another schedule, any material, compound, mixture or preparation
which contains any quantity of the following substances having a stimulant
effect on the central nervous system, including its salts, isomers and salts of
isomers:
(1) Pyrovalerone.
(d) Any compound, mixture
or preparation containing as its single active ingredient ephedrine,
pseudoephedrine or phenylpropanolamine, their salts or optical isomers, or
salts of optical isomers except products which are for pediatric use primarily
intended for administration to children under the age of twelve: Provided,
That neither the offenses set forth in section four hundred one, article four
of this chapter, nor the penalties therein, shall be applicable to ephedrine,
pseudoephedrine or phenylpropanolamine which shall be subject to the provisions
of article ten of this chapter.
(e) Depressants. ?
Unless specifically exempted or excluded or unless listed in another schedule,
any material, compound, mixture or preparation which contains any quantity of
the following substances having a depressant effect on the central nervous
system, including its salts:
(1) Ezogabine
[N-[2-amino-4-94-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester];
(2) Lacosamide
[(R)-2-acetoamido- N -benzyl-3-methoxy-propionamide];
(3) Pregabalin
[(S)-3-(aminomethyl)-5-methylhexanoic acid]; and
(4) Brivaracetam
((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide) (also referred to as
BRV; UCB-34714; Briviact), including its salts.
??????????? Following discussion,
??????????? The question being on the adoption of the Judiciary committee amendment to the bill, the same was put and prevailed.
The bill
Eng.
Com. Sub. for House Bill 2586, Relating to required minimum distribution of retirement benefits of
plans administered by the Consolidated Public Retirement Board.
On second reading, coming up in regular
order, was read a second time and ordered to third reading.
Eng.
House Bill 2653, Extending
the Multi State Real-Time Tracking System.
On second reading, coming up in regular
order, was read a second time and ordered to third reading.
Eng.
House Bill 2706, Authorizing
legislative rules regarding higher education.
On second reading, coming up in regular
order, was read a second time and ordered to third reading.
Eng.
Com. Sub. for House Bill 2731, Clarifying civil actions heard in circuit court.
On second reading, coming up in regular
order, was read a second time.
The following amendment to the bill, from
the Committee on
By striking out everything after the
enacting section and inserting in lieu thereof the following:
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
?51-2-2. Jurisdiction.
(a) The circuit court shall
have supervision and control of all proceedings before magistrates, by
mandamus, prohibition and certiorari.
(b) Except in cases
confined exclusively by the Constitution to some other tribunal, the circuit
court shall have original and general jurisdiction of all matters at law where
the amount in controversy, excluding interest, exceeds $2,500 $5,000:
Provided, That the jurisdictional limit on amounts in controversy does not
apply to real estate installment sales contracts.
(c) The circuit court shall
have original and general jurisdiction in all of the following matters:
(1) Habeas corpus;
(2) Mandamus;
(3) Quo warranto;
(4) Prohibition;
(5) Crimes; and
(6) Misdemeanors.
(d) The circuit court shall
have original and general jurisdiction in all cases in equity, including
jurisdiction in equity to remove any cloud on the title to real property, or
any part of a cloud, or any estate, right or interest in the real property, and
to determine questions of title with respect to the real property without
requiring allegations or proof of actual possession of the real property.
(e) The circuit court shall
have appellate jurisdiction in all cases, civil and criminal, where an appeal,
writ of error or supersedeas may be allowed to the judgment or proceedings of
any inferior tribunal.
(f) The circuit court shall
also have any other jurisdiction, whether supervisory, original, appellate or
concurrent, as is or may be prescribed by law.
The bill
Eng.
Com. Sub. for House Bill 2739, Relating to supplemental Medicaid provider reimbursement.
On second reading, coming up in regular
order, was read a second time.
At the request of Senator
On motion of Senator Takubo, the following
amendment to the bill was reported by the Clerk and adopted:
On page
(4) Notwithstanding the provisions of
subdivision (1) of this subsection, the Department of Health and Human
Resources shall, prior to seeking federal approval of any supplemental
reimbursement pursuant to this section, attempt to maximize the number of
qualified group emergency medical transportation service providers eligible to
receive the supplemental reimbursement. These emergency medical transportation
service providers would include:
(A) Any not-for-profit emergency medical
transport providers not owned by the state or a city, a county, or a city and
county;
(B) Any voluntary emergency transportation
service providers not owned by the state or a city, a county, or a city and
county; and
(C) All other emergency medical
transportation service providers licensed pursuant to the provisions of article
four-c, chapter sixteen of this code,
The bill
Eng.
House Bill 2796, Relating
to the West Virginia National Guard entering into contracts and subcontracts
for specialized technical services.
On second reading, coming up in regular
order, was read a second time and ordered to third reading.
Eng.
House Bill 2856, Declaring
public policy and legislative intent for improving the marketing, quality and
frequency of passenger rail service of the Cardinal Passenger Train.
On second reading, coming up in regular
order, was read a second time and ordered to third reading.
Eng.
Com. Sub. for House Bill 2948, Establishing timelines for taking final action on certain permits.
On second reading, coming up in regular
order, was read a second time.
On motion of Senator Blair, the following
amendment to the bill was reported by the Clerk and adopted:
On pages
?47-1A-10. Sterilization processes; annual
permits; fees.
(1) (a) Any sterilization process used in connection herewith shall be
approved by the commissioner. Every person desiring to operate such
sterilization process shall first obtain a numbered permit from the
commissioner and shall not operate such process unless such permit is kept
conspicuously posted in his or her establishment. The fee for an
original permit shall be twenty-five dollars. Application for such permit
shall be accompanied by the specifications for the sterilization process to be
employed by the applicant, in such form as the commissioner shall require. The
commissioner shall take final action upon all completed permit applications
within thirty days of receipt if the application is uncontested, or within
ninety days if the application is contested. Such permit shall expire one
year from date of issue and the fee for annual renewal of the sterilization
permit shall be ten dollars.
(2) Every application for a
sterilization permit to be held in a state other than West Virginia shall be
approved only after personal inspection of the applicant?s sterilizer or
disinfector by the commissioner or an authorized employee of the bedding
division of the department. The expenses for such inspections out of the state
shall be paid by the applicant.
(3) (b) The commissioner may revoke or suspend any permit for
violation of the provisions of this article. Upon notification of such
revocation or suspension, the person to whom the permit was issued, or his or
her successor or assignee, shall forthwith return such permit to the
commissioner. For reissuing a revoked or expired permit, the fee shall be
the same as for an original permit.
The bill
The Senate proceeded to the tenth order of
business.
The following bills on first reading, coming
up in regular order, were each read a first time and ordered to second reading:
Eng.
Com. Sub. for House Bill 2006, Increasing the penalties for violating the Whistle-blower Law.
Eng.
Com. Sub. for House Bill 2083, Increasing the felony criminal penalties for exposing children to
methamphetamine manufacturing.
Eng.
House Bill 2119, Repealing
West Virginia Health Benefit Exchange Act.
Eng.
Com. Sub. for House Bill 2219, Authorizing miscellaneous boards and agencies to promulgate legislative
rules.
Eng.
Com. Sub. for House Bill 2303, Increasing criminal penalties for littering.
Eng.
Com. Sub. for House Bill 2319, Relating to candidates or candidate committees for legislative office
disclosing contributions.
Eng.
Com. Sub. for House Bill 2367, Establishing a criminal offense of organized retail crime.
Eng.
Com. Sub. for House Bill 2373, Authorizing school bus drivers trained in administration of epinephrine
auto-injectors to administer auto-injectors.
Eng.
House Bill 2427, Requiring
agencies listed in the online state phone directory to update certain employee
information.
Eng.
House Bill 2446, Relating
to the requirement that all executive branch agencies maintain a website that
contains specific information.
Eng.
Com. Sub. for House Bill 2453, Expanding the list of persons the Commissioner of Agriculture may
license to grow or cultivate industrial hemp.
Eng.
Com. Sub. for House Bill 2475, Authorizing the Tax Commissioner to collect tax, interest and penalties
due and owing from payments to vendors and contractors from the Auditor and
other state, county, district or municipal officers and agents.
Eng.
House Bill 2548, Relating
to the use of outside speakers by persons licensed to manufacture, sell,
possess for sale, transport or distribute nonintoxicating beer.
Eng.
Com. Sub. for House Bill 2555, Relating to tax credits for apprenticeship training in construction
trades.
Eng.
Com. Sub. for House Bill 2619, Risk Management and Own Risk and Solvency Assessment Act.
Eng.
Com. Sub. for House Bill 2676, Transferring the Security office under the Division of Culture and
History to the Division of Protective Services.
Eng.
Com. Sub. for House Bill 2683, Relating to West Virginia Insurance Guaranty Association Act.
Eng.
Com. Sub. for House Bill 2726, Authorizing home incarceration officers to arrest participants for
violating the terms and conditions of his or her supervision with or without a
court order.
Eng.
Com. Sub. for House Bill 2734, Authorizing a method for the collection and remittance of property taxes
related to dealers? heavy equipment inventory.
Eng.
Com. Sub. for House Bill 2767, Authorizing the Secretary of State to transmit electronic versions of
undeliverable mail to the circuit clerks.
Eng.
Com. Sub. for House Bill 2898, Authorizing the Joint Committee on Government and Finance to request and
obtain criminal background checks of employees of the Legislature.
Eng.
Com. Sub. for House Bill 2939, Relating to the sale of items in the State Police Academy post exchange
to the public.
Eng.
Com. Sub. for House Bill 2949, Exempting specified Division of Natural Resources? contracts for some
replacement, repair or design for repairs to facilities from review and
approval requirements.
Eng.
House Bill 2963, Eliminating
tax lien waiver requirement for estates of nonresidents.
And,
Eng.
Com. Sub. for House Bill 2980, Relating to civil lawsuit filing fees for multiple defendant civil
action.
Without objection, the Senate returned to
the third order of business.
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 26?
At
the request of Senator Rucker, and by unanimous consent, the resolution was
taken up for immediate consideration and reference to a committee dispensed
with.
The
question being on the adoption of the resolution, the same was put and
prevailed.
Ordered,
That The Clerk communicate to the House of Delegates the action of the Senate.
Thereafter,
at the request of Senator
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 94?
At
the request of Senator Rucker, and by unanimous consent, the resolution was
taken up for immediate consideration and reference to a committee dispensed
with.
The
question being on the adoption of the resolution, and on
this question, Senator Blair demanded the yeas and nays.
The roll being taken, the yeas were: Azinger,
Beach, Blair, Boley, Boso, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maroney, Maynard, Miller, Mullins, Ojeda, Palumbo,
Plymale, Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?34.
The nays were: None.
Absent: None.
So, a majority of those present and voting having
voted in the affirmative, the President declared the resolution (H. C. R. 94)
adopted.
Ordered,
That The Clerk communicate to the House of Delegates the action of the Senate.
??????????? The Senate proceeded to the sixth order of business.
??????????? Senators Rucker, Boso,
Clements, Stollings, Swope, Plymale, Unger, Beach and Miller offered the
following resolution:
??????????? Senate Resolution 66?Honoring the accomplishments of Katherine Johnson, West
Virginia native and Presidential Medal of Freedom recipient.
Whereas, Katherine Johnson
was born August 26, 1918, in White Sulphur Springs, Greenbrier County, West
Virginia, the daughter of Joshua and Joylette Coleman; and
Whereas, By the age of
thirteen, Katherine Johnson was attending the high school on the campus of
historically African-American West Virginia State College. At eighteen, she
enrolled in the college itself, where she made quick work of the school?s math
curriculum and found a mentor in math professor W. W. Schieffelin Claytor, the
third African-American to earn a PhD in Mathematics. She graduated summa cum
laude in 1937, with degrees in Mathematics and French, at age 18; and
Whereas, Katherine Johnson
was the first African-American woman to attend graduate school at West Virginia
University in Morgantown, West Virginia; and
Whereas, In 1953, Katherine
Johnson was hired by the National Advisory Committee for Aeronautics, as a
mathematician, and continued to work for the organization which became the
National Aeronautics and Space Administration (NASA) in 1958; and
Whereas, Katherine Johnson,
from 1958 until her retirement in 1986, worked as an aerospace technologist,
moving during her career to the Spacecraft Controls Branch; and
Whereas, During her
extraordinary career at NASA, Katherine Johnson accomplished many amazing
feats, such as: Calculating the trajectory for the May 5, 1961, space flight of
Alan Shepard, the first American in space, and the launch window for his 1961
Mercury mission; she plotted backup navigational charts for astronauts in case
of electronic failures; when NASA used electronic computers for the first time
to calculate John Glenn?s orbit around Earth, officials called on Johnson to
verify the computer?s numbers. Glenn had asked for her specifically and had
refused to fly unless Johnson verified the calculations; and Johnson also
helped to calculate the trajectory for the 1969 Apollo 11 flight to the moon;
and
Whereas, In 1970, Katherine
Johnson worked on the Apollo 13 moon mission. When the mission was aborted, her
work on backup procedures and charts helped set a safe path for the crew?s
return to Earth, creating a one-star observation system that would allow astronauts
to determine their location with accuracy; and
Whereas, Katherine Johnson?s
life served as the basis for a nonfiction book, titled Hidden Figures: The
American Dream and the Untold Story of the Black Women Mathematicians Who
Helped Win the Space Race, which inspired the award-winning motion picture; and
Whereas, In 2015, cited as
a pioneering example of African-American women in STEM, President Barack Obama
presented Katherine Johnson with the Presidential Medal of Freedom, the highest
civilian award of the United States; and
Whereas, It is fitting that
the West Virginia Senate honor Katherine Johnson for her career as a pioneer in
space science and computing and for her dedicated public service to a grateful
nation; therefore, be it
Resolved by the
That the Senate hereby
honors the accomplishments of Katherine Johnson, West Virginia native and
Presidential Medal of Freedom recipient; and, be it
Further Resolved, That the Senate extends its
sincere gratitude and appreciation to Katherine Johnson for her dedicated
public service to the United States of America; and, be it
Further Resolved, That the Clerk is hereby
directed forward a copy of this resolution to Katherine Johnson.
At the request of Senator
Thereafter, at the request of Senator
??????????? On motion of Senator
Ferns, the Senate recessed for one minute.
Upon expiration of the recess, the Senate
reconvened.
Pending announcement of meetings of standing
committees of the Senate,
On motion of Senator
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, and requested the concurrence of the Senate in the House of
Delegates
Eng. Senate Bill 256, Relating
to prohibiting aiding and abetting of sexual abuse by school personnel.
On motion of
Senator
The
following House of Delegates
On page
On motion of Senator Ferns, the following
amendment to the House of Delegates amendment to the bill (Eng. S. B. 256) was reported by the Clerk and adopted:
On page
On motion of Senator Ferns, the Senate
concurred in the House of Delegates amendment, as amended.
Engrossed Senate Bill 256, as amended, was
then put upon its passage.
On the passage of the bill, the yeas were:
Azinger, Beach, Blair, Boley, Clements, Cline, Facemire, Ferns, Gaunch, Hall,
Jeffries, Karnes, Mann, Maynard, Miller, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Rucker, Smith, Stollings, Swope, Sypolt, Takubo, Trump,
Unger, Weld, Woelfel and Carmichael (Mr. President)?32.
The nays were: None.
Absent: Boso and Maroney?2.
So, a majority of all the members elected to
the Senate having voted in the affirmative, the President declared the bill
(Eng. S. B. 256) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate and request concurrence therein.
??????????? The
Senate again proceeded to the fourth order of business.
??????????? Senator Maynard, 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 3rd day of April,
2017, 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. 113), Authorizing
DEP promulgate legislative rules.
??????????? (Com. Sub. for S. B. 338), Relating to medical professional
liability.
??????????? (Com. Sub. for H. B. 2506), Relating to the permit limit
calculations and allowing overlapping mixing zones for calculating permit
limits for drinking water criteria.
??????????? And,
??????????? (H. B. 2774), Defining special aircraft property.
??????????????????????????????????????????????????????????????????????? Respectfully
submitted,
??????????????????????????????????????????????????????????????????????? ??Mark R.
Maynard,
??????????????????????????????????????????????????????????????????????? ??? Chair,
Senate Committee.
??????????????????????????????????????????????????????????????????????? ? Roger Hanshaw,
??????????????????????????????????????????????????????????????????????? ??? Chair,
House Committee.
Senator
Your Committee on
Senate
Bill 199, Budget Bill.
And reports back a committee substitute for
same with the following title:
Com.
Sub. for Senate Bill 199 (originating
in the Committee on
With the recommendation that the committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator Ferns requested unanimous consent
that the bill (Com. Sub. for S. B. 199) contained in the preceding report from
the Committee on
Which consent was not granted, Senator Unger
objecting.
Senator Ferns then moved that the bill (Com.
Sub. for S. B. 199) contained in the preceding report from the Committee on
The question being on the adoption of
Senator Ferns? aforestated motion, and on this question, Senator Unger demanded
the yeas and nays.
The
roll being taken, the yeas were: Azinger, Blair, Boley, Clements, Cline, Ferns,
Gaunch, Hall, Karnes, Mann, Maynard, Rucker, Smith, Swope, Sypolt, Takubo,
Trump, Weld and Carmichael (Mr. President)?19.
The
nays were: Beach, Facemire, Jeffries, Miller, Mullins, Ojeda, Palumbo, Plymale,
Prezioso, Romano, Stollings, Unger and Woelfel?13.
Absent:
Boso and Maroney?2.
So, a
majority of those present and voting having voted in the affirmative, the
President declared Senator Ferns' aforestated motion had prevailed.
Thereafter,
the bill (Com. Sub. for S. B. 199) contained in the preceding report from the
Committee on
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2129, Relating to the powers and authority of state and local law enforcement
to enforce underage drinking laws at private clubs.
And has amended same.
And,
Eng.
Com. Sub. for House Bill 2579, Increasing the penalties for transporting controlled substances.
And has amended same.
And reports the same back with the
recommendation that they each do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2195, Relating to requiring comprehensive drug awareness and prevention
program in all public schools.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
House Bill 2348, Eliminating
any requirement that class hours of students be consecutive.
Eng.
House Bill 2691, Allowing a
person who is qualified by training to be a barber and a cosmetologist to elect
to practice solely as a barber.
And,
Eng.
House Bill 2833, Specifying
the contents and categories of information for inclusion in annual reports.
And reports the same back with the
recommendation that they each do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2402, Relating to abandoned antique vehicles.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2494, Providing that statewide school report cards are only to be made
available to custodial parents and guardians of students upon request.
And has amended same.
Eng.
Com. Sub. for House Bill 2589, Permitting students who are homeschooled or attend private schools to
enroll and take classes at the county?s vocational school.
And has amended same.
Eng.
Com. Sub. for House Bill 2702, Relating to excused absences for personal illness from school.
And has amended same.
Eng.
Com. Sub. for House Bill 2771, Relating to temporary teaching certificates for Armed Forces spouses.
And has amended same.
Eng.
Com. Sub. for House Bill 2815, Relating to higher education governance.
And has amended same.
And,
Eng.
Com. Sub. for House Bill 3080, Requiring instruction in the Declaration of Independence and the United
States Constitution.
And has amended same.
And reports the same back with the
recommendation that they each do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2546, Allowing replacement costs of employer provided property to be deducted
from an employee?s final paycheck if the property is not returned.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2585, Creating felony crime of conducting financial transactions involving
proceeds of criminal activity.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
??
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2603, Relating to municipal policemen?s or firemen?s pension and relief funds
that are funded at one hundred and twenty-five percent or more.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2631, Relating to time standards for disposition of complaint proceedings.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2646, Terminating the Women?s Commission and discontinue its functions.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2704, Prohibiting persons convicted of sexual offenses against children with
whom they hold positions of trust from holding certification or license valid
in public schools.
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 the
Respectfully submitted,
?
??? Chair.
The bill, under the original double
committee reference, was then referred to the Committee on
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2709, Authorizing the City of South Charleston to levy a special district
excise tax.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2720, Allowing the School Building Authority to transfer funds allocated into
the School Construction Fund.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended; but under the original double
committee reference first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
The bill, under the original double
committee reference, was then referred to the Committee on
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2805, Finding and declaring certain claims against the state and its agencies
to be moral obligations of the state.
And has amended same.
Eng.
Com. Sub. for House Bill 2961, Relating generally to charitable bingo games and charitable raffles.
And has amended same.
And,
Eng.
Com. Sub. for House Bill 3048, Relating to collection of Tier II fees for chemical inventories.
And has amended same.
And reports the same back with the
recommendation that they each do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
House Bill 2869, Providing
for paid leave for certain state officers and employees during a declared state
of emergency.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
Com. Sub. for House Bill 2897, Raising the amount required for competitive bidding of construction
contracts by the state and its subdivisions.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
House Bill 2962, Enlarging
the authority of the Tax Commissioner to perform background investigations of
employees and contractors.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
House Bill 2967, Relating
generally to administration of estates and trusts.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
House Bill 3022, Relating
to the reporting of fraud, misappropriation of moneys, and other violations of
law to the commission on special investigations.
And reports the same back with the
recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Eng.
House Bill 3037, Removing
the Division of Energy as an independent agency.
And has amended same.
And reports the same back with the
recommendation that it do pass, as amended.
Respectfully submitted,
?
??? Chair.
Pending announcement of meetings of standing
committees of the Senate,
On motion of Senator
____________