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Monday, March 28, 2005
The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Friday, March 25, 2005, being the first order of
business, when the further reading thereof was dispensed with and the same approved.
At the request of Delegate Staton, and by unanimous consent, the applicable provisions of
House Rule 136, relating to privileges of the floor, were suspended for the day to extend privileges
of the floor to invited guests for a special memorial ceremony honoring former Fist Lady Hovah
Underwood.
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Memorial Ceremony Honoring Mrs. Hovah Underwood
* * * * * * * * *
The Speaker recognized President Earl Ray Tomblin and the Members of the Senate.
President Tomblin announced that he and the members of the Senate were present for the
special memorial ceremony.
The Speaker invited the President to a seat to his right and the Senators were seated in places
reserved for them.
The Speaker next recognized the Committee of Escort, heretofore appointed and consisting
of Delegates Varner, G. White and Trump, who escorted the Honorable Cecil H. Underwood, former
Governor of the State, into the Hall of the House of Delegates and to the places reserved for him and
members of his family.
The Speaker then recognized the Committee of Escort, heretofore appointed and consisting
of Delegates Staton, Mahan and Hall, who escorted the Honorable Joe Manchin, III, Governor of the
State, to the place reserved for him in the Chamber.
The Speaker acknowledged the presence of Governor Underwood and his family.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of offering and consideration of a
resolution.
Whereupon,
The Clerk read as follows:
House Resolution No. 32
(By Mr. Speaker, Mr. Kiss, and Delegate Trump
and All Members of the House of Delegates)
"Extolling the life and lamenting the death of Mrs. Hovah Underwood, former First Lady of West
Virginia and beloved wife, best friend and life partner of Governor Cecil Underwood."
Whereas, West Virginia was saddened to learn of the death of West Virginia's former First
Lady, Hovah Underwood, on September 24, 2004.
Hovah Hall of Grantsville was born April 12, 1919, the daughter of the late Roche C. and
Docia Betts Hall. She received her education in the public schools of Calhoun County. Her
compassion and concern for others led her to earn an AB Degree from Salem College and a degree
in Social Work from West Virginia University. Mrs. Underwood taught at Grantsville Grade School,
worked in a defense plant during World War II and she served 10 years as a child welfare worker
in northern West Virginia counties. Her early career in social work, in which she actively helped foster children, fueled her interest in programs for early intervention, for children removed from their
homes and for after-school activities.
Hovah Hall married Cecil H. Underwood on July 25, 1948. She was a social worker in St.
Marys, where he was a schoolteacher. Her husband would be West Virginia's youngest and eldest
Governor. She was his devoted wife for 56 years.
Mrs. Underwood was the proud mother of two daughters, Cecilia and Sharon, and a son,
Craig, all of whom survive her. She is also survived by six grandchildren and three sisters.
Her first name was bestowed by her father, and is derived from the word Jehovah. Soft-
spoken and diminutive, the former First Lady was known for her work on issues involving children,
young families and women's health. She often visited schools and day-care centers as a classroom
reader. Serene and always upbeat, she loved her role as First Lady but often found it frustrating and
overwhelming because she could not fill all the requests for her time. During her years in the
Governor's Mansion, she not only filled the role of mansion matriarch, but she became friends with
many of the Governor's staff and the State Troopers assigned to watch over her.
Hovah Underwood actively supported and worked with Starting Points, a network of
neighborhood resource centers for parents of young children, she was on the board of Big
Brothers/Big Sisters, Cammack Children's Center, Huntington Museum of Art, Marshall University
Artist Series, the United Methodist Foundation, and America's Promise. She was a member of
United Methodist Women, Charleston Garden Club, Governor's Mansion Preservation Foundation,
Daughters of the American Revolution, Delta Kappa Gamma Society, Kanawha County Republican
Women, West Virginia Republican Women, Charleston Women's Club, West Virginia Symphony
League, Hadassah of Charleston, Breast Cancer Awareness, Kids Count, American Association of
Social Workers and was an avid supporter of Women's Day at the Legislature.
The qualities which most endure are the memories people leave behind, and Hovah
Underwood will long be remembered by her myriad of friends as a person who, while being tiny in
stature was mighty in spirit, gracious and intelligent, supportive and caring of her family and husband, yet not afraid to state her own opinion, a person of wonderful humor and possessing a great
love of life and all it had to offer her, as was continually evidenced by her all-encompassing smile
for everyone she met, a gentlelady of the first magnitude and a great First Lady of West Virginia;
therefore, be it
Resolved by the House of Delegates:
That the members of the House of Delegates hereby publicly extol the life of Mrs. Hovah
Underwood, and collectively mourn her death, while remembering that she leaves behind a legacy
of success, love and accomplishment; that this House of Delegates proclaims that although Mrs.
Hovah Underwood has passed from this earthly life, she will continue to live in the hearts and minds
of those who knew her; and, be it
Further Resolved, That the Clerk of the House of Delegates prepare a certified copy of this
resolution for the Honorable Cecil H. Underwood, beloved surviving husband, for her children
Cecilia Baker and Sharon Underwood of South Charleston, and for her son, Craig Underwood of
Boston; and, be it
Further Resolved, That the Clerk of the House of Delegates also cause a certified copy of this
resolution to be placed in the Division of Archives and History.
The question now being on the adoption of the resolution, the yeas and nays were taken (Roll
No. 213), and there were--yeas 96, nays none, absent and not voting 4, with the absent and not voting
being as follows:
Absent And Not Voting: Amores, Doyle, Fragale and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the resolution (H. R. 32) adopted.
The Committee of Escort then accompanied Governor Underwood to the Podium, and the
Speaker presented him with certified copies of the resolution, expressed the sorrow of the House and
wished the Governor and his family the best for the future.
Governor Manchin likewise expressed his sorrow to Governor Underwood.
Governor Underwood then expressed his thanks to the Speaker and President, to Governor
Manchin, and to the members of the Legislature assembled in honor of his beloved wife.
At the conclusion of the remarks, Governor Underwood and his family members were
escorted from the Chamber.
The Committee of Escort then accompanied Governor Manchin from the Chamber.
The President and members of the Senate then retired to their Chamber and the House took
up further business.
Committee Reports
M. Speaker. Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
S. C. R. 45, Requesting Division of Highways name bridge on Route 16 and Route 50 near
Ellenboro in Ritchie County "West Virginia State Trooper Larry G. Hacker Memorial Bridge",
And reports the same back with the recommendation it be adopted.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which
was received:
Your Committee on Rules has had under consideration:
H. C. R. 56, Requesting the Director of the Office of Emergency Services to immediately
repair inoperative IFLOWS rain and steam gauges to a minimum operational efficiency rating of
ninety percent,
And reports back a committee substitute therefore, with a new title, as follows:
Com. Sub. for H. C. R. 56 - "Requesting the Director of the Office of Emergency Services
to immediately repair inoperative IFLOWS rain and stream gauges to a minimum operational
efficiency rating of ninety percent and to provide ongoing maintenance to keep the operational
efficiency rating at ninety percent or more at all times,"
With the recommendation that the committee substitute be adopted.
On motion for leave, bills were introduced (Originating in the Committee on Finance and reported unanimously with the recommendation that they each do pass), which were read by their
titles, as follows:
By Delegates Michael and Cann:
H. B. 3354 - "A Bill to amend and reenact §22-6-2, §22-6-12 and §22-6-29 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §22-21-2, §22-21-3, §22-21-6, §22-21-7
and §22-21-20 of said Code, all relating to the secretary's authority to assess a permit fee for well
work permits, deep wells, coalbed methane wells, and reclamation fund fees; plat information;
definitions; damage compensation; consent and agreement of coal owner and operator; and spacing
of coalbed methane wells,"
By Delegates Michael, Doyle, Varner, Cann, Kominar, Browning, Houston, Proudfoot,
Hall, Border and Wakim:
H. B. 3355 - "A Bill to amend and reenact §21A-1A-17 of the Code of West Virginia, 1931,
as amended; to amend and reenact §21A-2-6 of said code; to amend said code by adding thereto a
new section, designated §21A-5-10c; and to amend and reenact §21A-6-1 and §21A-6-3 of said
code, all relating to unemployment compensation generally; revoking and preventing contractual
relationships or licensure with employers who are in default; placing a limit on the amount of wages
an election official can receive in a calendar year that are not considered employment wages for
unemployment compensation purposes; preventing State Unemployment Tax Act (SUTA) dumping,
a method to circumvent the paying of proper unemployment compensation taxes in order to comply
with federal requirements; eliminating reductions in unemployment compensation for persons
receiving benefits under Title II of the Social Security Act or similar payments under any act of
Congress; providing for disqualification of benefits under certain circumstances; and imposing a
criminal penalty for dumping violations,"
By Delegates Michael, Doyle, Cann, Kominar, Browning and Williams:
H. B. 3356 - A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §22C-3-26; to amend and reenact §22C-4-3 and §22C-4-4 of said code; and to amend said code by adding thereto a new section, designated §22C-4-9a, all relating generally
to the powers and duties of the solid waste management board; providing that members of the boards
of directors of county or regional solid waste authorities serve at the will and pleasure of the
appointing agencies; providing for performance reviews of authorities and performance measures;
requiring proposal of legislative rules for implementation of review process and system;
circumstances under which solid waste management board authorized to intervene in and supersede
the exercise of authority by any county or regional solid waste authority; providing for establishment
of a uniform chart of accounts delineating common revenue and expense account naming
conventions to be adopted by all county and regional solid waste authorities; and requiring audits
of authorities,"
By Delegates Michael, Doyle, Kominar, Proudfoot, Boggs, Stalnaker and Williams:
H. B. 3357 - "A Bill to amend and reenact §11-15B-2 and §11-15B-2a of the code of West
Virginia, 1931, as amended; and to further amend said code by adding thereto a new section,
designated §11-15B-4a, all relating generally to streamlined sales and use tax administration;
defining certain terms; and providing for representation on governing board of streamlined sales and
use tax agreement,"
And,
By Delegates Michael, Cann, Kominar, Williams, Stalnaker, Palumbo, Boggs, Houston,
Proudfoot, Anderson and Evans:
H. B. 3358 - "A Bill to amend and reenact §11-13A-3a, §11-13A-3b and §11-13A-3d of the
Code of West Virginia, 1931, as amended, all relating to the reduction from five percent to four
percent in the severance tax imposed on natural gas produced from wells placed in service on or after
the first day of July, two thousand five; the reduction from three and twenty-two hundredths percent
to one and twenty-two hundredths percent in the severance tax imposed on timber produced on or
after the first day of December, two thousand five; reducing the period of availability of a certain
five-year severance tax exemption for coalbed methane production; and reducing from five percent to four percent the severance tax on gas produced from coalbed methane wells on or after the first
day of July, two thousand five."
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
were each taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B.3354, H. B. 3355, H. B. 3356, H. B. 3357
and H. B. 3358) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 3128, Relating to updating the meaning of "federal taxable income" and certain other
terms used in West Virginia Corporation Net Income Tax Act,
And,
H. B. 3135, Relating to updating the meaning of "federal adjusted gross income" and certain
other terms used in West Virginia Personal Income Tax Act,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
were each taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 3128 and H. B. 3135) will be placed on the
Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 3089, Adding a representative to the trucking advisory committee and adding routes to the coal resource transportation road system in Braxton and Webster counties,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3089-"A Bill to amend and reenact §17C-17A-3 and §17C-17A-12 of
the code of West Virginia, 1931, as amended; and to amend and reenact §24A-1A-2 of said code,
all relating to the regulation of the commercial transportation of coal; adding representatives to the
commercial motor vehicle weight and safety enforcement advisory committee; providing that
committee with oversight of the implementation and administration of the commercial motor vehicle
weight and safety enforcement program; authorizing the division to provide for special crossing
permits by legislative rule; creating the coal resource transportation designation committee;
authorizing inclusion of roads and bridges into the coal resource transportation road system under
certain circumstances; and adding routes to the coal resource transportation road system in Braxton,
Webster, Nicholas and Ohio counties,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 2163, Eliminating the set-off against unemployment compensation benefits for persons
receiving social security benefits,
And reports back, by unanimous vote of the committee, a committee substitute therefor, with
a new title, as follows:
Com. Sub. for H. B. 2163 - "A Bill to amend and reenact §21A-6-3 of the Code of West
Virginia, 1931, as amended, relating to unemployment compensation generally; and eliminating
reductions in unemployment compensation for persons receiving benefits under Title II of the Social
Security Act or similar payments under any act of Congress,"
And,
H. B. 2986, Relating to the regulation of selling new or used vehicles, providing for the
comprehensive regulation and licensing of persons who sell new or used vehicles,"
And reports back, by unanimous vote of the committee, a committee substitute therefor, with
a new title, as follows:
Com. Sub. for H. B. 2986 - "A Bill to amend and reenact §17A-6-6 and §17A-6-18 of the
Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article,
designated §17A-6E-1, §17A-6E-2, §17A-6E-3, §17A-6E-4, §17A-6E-5, §17A-6E-6, §17A-6E-7,
§17A-6E-8, §17A-6E-9, §17A-6E-10, §17A-6E-11, §17A-6E-12 and §17A-6E-13, all relating
generally to the regulation of selling new or used vehicles; providing for the comprehensive
regulation and licensing of persons who sell new or used vehicles by requiring these persons to
obtain licenses as salespersons; authorizing fees; authorizing the Commissioner to propose
legislative rules; prohibiting the employment by dealers of unlicensed salespersons; authorizing the
Commissioner to conduct investigations and petition for injunctions under certain circumstances,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
were each taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 2163 and Com. Sub. for H.
B. 2986) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 3203, Authorizing the closure of certain existing retirement funds for municipal
policemen and firemen and establishment of a defined contribution plan in lieu thereof,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2650, Relating to beef industry self-improvement assessment program,
And,
H. B. 3053, Repealing the Downtown Redevelopment District Act,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
were each taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (H. B. 2650 and H. B. 3053) will be placed on the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B.'s 2692, 2697, 2698, 2718, 2719, 2739, 2740 and 2742, Authorizing the Department
of Commerce to promulgate legislative rules,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2718 - "A Bill to amend and reenact article 10, chapter 64 of the code
of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules
by the various executive or administrative agencies and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the state register; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee; authorizing certain of the agencies
to promulgate certain legislative rules as amended by the legislature; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee and as amended by the legislature;
authorizing the Economic Development Authority to promulgate a legislative rule relating to the
high-growth business investment tax credit; authorizing the Bureau of Employment Programs to
promulgate a legislative rule relating to implementing the requirement that prohibits agencies from
granting, issuing or renewing contracts, licenses, permits, certificates or other authority to conduct
a trade, profession or business; authorizing the Division of Labor to promulgate a legislative rule
relating to the Elevator Safety Act; authorizing the Division of Labor to promulgate a legislative rule
relating to weights and measures calibration fees; authorizing the Division of Labor to promulgate
a legislative rule relating to the West Virginia Manufactured Housing Construction and Safety
Standards Board
;
authorizing the Division of Natural Resources to promulgate a legislative rule
relating to commercial whitewater outfitters; authorizing the Division of Natural Resources to
promulgate a legislative rule relating to the commercial sale of wildlife; and authorizing the Division
of Natural Resources to promulgate a legislative rule relating to the revocation of hunting and fishing
licenses,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2718) will be placed on the
Consent Calendar.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 126 -
"A Bill to amend and reenact §18-19-1, §18-19-2 and §18-19-3
of the Code of West Virginia, 1931, as amended, relating to including children of deceased members
of the armed forces or members of the reserve components called to active duty by the President of
the United States for the purpose of entering into armed combat in the educational opportunities
appropriation; removing requirement that the children attend a state education or training institution;
increasing the age limitation; clarifying eligibility requirements; and increasing the scholarship to
up to two thousand dollars per year per child"; to the Committee on Veterans Affairs and Homeland
Security then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 227 -
"A Bill to amend and reenact §11-5-1 of the Code of West
Virginia, 1931, as amended, relating to exempting one motor vehicle owned by a resident of this
state on active duty in the United States military from ad valorem taxes for any taxable year the
person is on active duty"; to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 290 - "A Bill to amend and reenact §18-2-35 of the Code of West
Virginia, 1931, as amended, relating to requiring each county board of education to hold a public
hearing on the issue of mandating each student enrolled in a public school to wear a school uniform
while attending that school"; to the Committee on Education then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 341 - "A Bill to amend and reenact article 5, chapter 64 of the Code
of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules
by the various executive or administrative agencies and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee; authorizing certain of the
agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain
of the agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing Health Care Authority to promulgate a legislative rule relating to
benchmarking and discount contracts; authorizing Department of Health and Human Resources to
promulgate a legislative rule relating to implementation of Omnibus Health Care Act; authorizing
Department of Health and Human Resources to promulgate a legislative rule relating to
implementation of Omnibus Health Care Act payment provisions; authorizing Department of Health
and Human Resources and Insurance Commissioner to promulgate a legislative rule relating to
uniform credentialing of health care practitioners; authorizing Department of Health and Human
Resources to promulgate a legislative rule relating to methods and standards for chemical test for
intoxication; and authorizing Department of Health an 'A' pasturized milk"; to the Committee on
the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 414 -
"A Bill to amend and reenact §17C-15-46 of the Code of West
Virginia, 1931, as amended, relating to the use of child safety booster seats for children under eight
years of age unless the child is at least four feet nine inches tall or taller"; to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 427 -
"A Bill to repeal §33-25A-24a, §33-25A-24b, §33-25A-29 and
§33-25A-30 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-25A-3a,
§33-25A-12, §33-25A-14, §33-25A-17, §33-25A-22, §33-25A-23 and §33-25A-24 of said code; to
amend said code by adding thereto a new section, designated §33-25A-14a; and to amend and
reenact §33-40-1, §33-40-2, §33-40-3, §33-40-6 and §33-40-7 of said code, all relating to health
maintenance organizations; eliminating the requirement that a health maintenance organization be
incorporated in this state in order to obtain a certificate of authority; eliminating the requirement of
annual application for renewal of certificates of authority; increasing the time copies of grievances
must be retained; permitting health status to be a basis for underwriting individual policies; changing
the period in which examinations must be performed by the Commissioner from three to five years;
increasing the filing fee for annual reports; correcting a reference; clarifying scope of
Commissioner's powers in performing examinations; clarifying that Insurance Fraud Prevention Act
applies to health maintenance organizations; defining terms; and subjecting health maintenance
organizations to risk-based capital requirements"; to the Committee on Health and Human Resources
then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 455 -
"A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §24-2-4e; and to amend and reenact §46-9-109 of said
code, all relating generally to the financing of environmental control activities by certain qualified
electric utilities through the issuance of environmental control bonds"; to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 463 -"A Bill to amend and reenact §11-3-5 of the Code of West Virginia, 1931, as
amended, relating to allowing a supplemental assessment on all personal property when personal
property has been omitted from the record books"; to the Committee on the Judiciary then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 531 - "A Bill to amend and reenact §16-5I-1, §16-5I-2, §16-5I-3, §16-5I-4, §16-5I-5
and §16-5I-6 of the Code of West Virginia, 1931, as amended, all relating to the Hospice Licensure
Act; requiring compliance with the Centers for Medicare and Medicaid Services; and penalties"; to
the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 550 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §16-5B-14, relating to designation of rural hospitals for purposes of the
Critical Access Hospital Program"; to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 603 -"
A Bill to repeal §18B-1-7 and §18B-1-9 of the Code of West
Virginia, 1931, as amended; to repeal §18B-2-1, §18B-2-2 and §18B-2-3 of said code; to repeal
§18B-3-5 and §18B-3-7 of said code; to repeal §18B-5-2d of said code; to repeal §18B-14-11 of said
code; to amend and reenact §5-6-4a of said code; to amend and reenact §5G-1-2 of said code; to
amend and reenact §12-3-5, §12-3-6 and §12-3-8 of said code; to amend and reenact §18-2-23a of
said code; to amend said code by adding thereto a new section, designated §18-2-24; to amend and
reenact §18A-3A-1 and §18A-3A-2b of said code; to amend and reenact §18B-1-3 and §18B-1-6 of
said code; to amend and reenact §18B-1A-2 and §18B-1A-6 of said code; to amend and reenact
§18B-1B-4, §18B-1B-5 and §18B-1B-6 of said code; to amend said code by adding thereto a new
section, designated §18B-1B-13; to amend and reenact §18B-2A-3 and §18B-2A-4 of said code; to
amend said code by adding thereto a new section, designated §18B-2B-9; to amend and reenact
§18B-3-1, §18B-3-2 and §18B-3-3 of said code; to amend said code by adding thereto a new section,
designated §18B-3-4; to amend and reenact §18B-4-5, §18B-4-5a, §18B-4-6 and §18B-4-7 of said
code; to amend and reenact §18B-5-3, §18B-5-4, §18B-5-7 and §18B-5-9 of said code; to amend
said code by adding thereto a new section, designated §18B-5-10; to amend and reenact §18B-10-1,
§18B-10-5 and §18B-10-6 of said code; to amend said code by adding thereto a new section,
designated §18B-10-6a; to amend said code by adding thereto a new section, designated §18B-11-7;
and to amend said code by adding thereto a new section, designated §18B-14-12, all relating to
public and higher education generally; providing flexibility measures for certain state institutions of
higher education; including at least teachers, principals and paraprofessionals in professional
development provisions; establishing a structure to enhance collaboration between state institutions
of higher education having a teacher preparation program, the Center for Professional Development
and the regional education service agencies in providing professional development; requiring the
state's research and doctoral degree-granting public institutions of higher education to coordinate
the collaboration efforts of the other teacher preparation institutions in their designated coordination
areas; requiring the State Board to ensure regional education service agencies are collaborating; reconstituting the Center for Professional Development Board and changing its membership;
abolishing the position of Executive Director of the Center for Professional Development; creating
the position of Director of the Center for Professional Development; designating collaboration with
the State Board in certain areas as a priority; requiring a professional development study and report;
creating the position of Coordinator of the Principals Academy; transferring powers, authorities,
responsibilities and duties between certain entities; definitions; excepting certain institutions from
certain requirements for selecting engineering and architectural services; excepting certain
institutions from certain required reports to Joint Committee on Government and Finance regarding
real property contracts and agreements; requiring transfer of real property under certain
circumstances from Higher Education Policy Commission to certain institutions; clarifying real
property retention rights of Policy Commission for certain jointly used real property; modifying
format and documentation requirements for acceptance of certain documents by State Auditor;
expanding permissible uses for purchase card; transferring to State Auditor certain duties regarding
purchase cards; transferring to State Auditor authority to approve certain purchase card payments
designated to exceed the purchase amount limits and to set the amount by which such payments may
exceed the limits; exempting certain institutions from certain document submission requirements
for travel expense reimbursement; clarifying requirements for promulgation of higher education
rules; requiring certain institutions to promulgate certain rules; establishing certain requirements for
rule adoption, validation, enforcement and reporting; limiting certain authorities when rules not
adopted; clarifying legislative intent relating to mission of certain institutions; limiting Policy
Commission jurisdiction, power, responsibility and authority regarding certain institutions;
modifying Policy Commission duties; expanding Policy Commission discretion in setting
Chancellor's salary; specifying limitation of certain entities on exercising certain authorities and
fulfilling certain responsibilities; modifying responsibility for assigning institutions' geographic
areas of responsibility; authorizing Bluefield State College to offer graduate programs under certain
circumstances; limiting circumstances when certain institutions are required to collaborate in providing certain graduate-level programs; transferring to certain institutions authority for capital
project need identification, prioritization and selection; modifying criteria considered for capital
project selection; extending to certain institutions authority to approve compensation package for
president; preserving the jurisdiction and authority of certain higher education entities to manage
technology; clarifying authority of Policy Commission to assess certain fees; specifying when
discharging certain duties requires consultation among various higher education entities; transferring
to certain institutions authority to approve tuition and fee increases, review and approve academic
programs, develop capital budgets and set standards for conferring degrees; exempting certain
institutions from Attorney General and Policy Commission approval requirements for executing
certain documents, instruments and purchases; requiring study and report of recommendations
relating to higher education personnel issues; establishing scope of personnel study and charges for
implementation; requiring employee participation; modifying requirements and authorities regarding
delegation of powers by certain higher education entities; expanding and modifying the powers and
duties of research, doctoral-granting public universities and their governing boards; providing
legislative findings, purpose and intent for such expansion and modification; for certain institutions
expanding authority and establishing parameters and procedures for donating certain surplus
computers and related items; limiting application to certain institutions of certain surplus item
disposal requirements; defining the relationship between the Policy Commission and certain
governing boards and between the West Virginia Council for Community and Technical College
Education and certain governing boards; establishing and defining the duties of certain governing
boards to address state priorities and the goals for post-secondary education established by the
Legislature; defining state priorities; requiring annual report of progress; expanding jurisdiction of
certain parking and vehicle operating violations for certain institutions; specifying certain acceptable
qualifications for employment as campus police officer at certain institutions; expanding authority
of certain campus police officers; expanding responsibility of certain institutions to investigate
certain crimes; expanding authority of certain institutions to expend the excess of certain parking fees collected; increasing fines and expanding penalty options for certain parking and vehicle
operating violations at certain institutions; exempting certain institutions from requirements to
participate in certain cooperative purchasing and operating arrangements; specifying responsibility
of certain institutions for ensuring fiscal integrity of operations; establishing requirements for
implementing best business and management practices for certain institutions, including certain
required reports; authorizing state medical and health professionals schools to participate in self-
insurance retention programs with approval of state Board of Risk and Insurance Management;
authorizing state Board of Risk and Insurance Management to enter into agreements with state
medical and health professionals schools to develop and implement self-insurance retention
programs; requiring plan review and approval by state Insurance Commissioner prior to
implementing self-insurance retention programs; authorizing Insurance Commissioner to promulgate
emergency rules; expanding discretion of certain institutions to offer undergraduate and
graduate-level fee waivers, eliminating certain waiver award restrictions and requiring rule governing
waivers; requiring certain institutions to establish a nonprofit Regional Brownfield Assistance
Center; defining Assistance Center service regions; establishing Assistance Center powers and
duties; creating Governor's Commission on Graduate Study in Science, Technology, Engineering
and Mathematics; establishing membership; assigning charge to Commission; providing legislative
findings and requiring report to Legislative Oversight Commission on Education Accountability;
deleting, repealing and updating certain obsolete provisions; and making technical corrections"; to
the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 659 -
"A Bill to amend and reenact §32A-2-1 of the Code of West Virginia, 1931, as
amended, relating to the definition of 'money transmission'"; to the Committee on Banking and
Insurance then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com Sub. for S. B. 661 -
"A Bill to amend and reenact §49-5-13a and §49-5-20 of the Code
of West Virginia, 1931, as amended; and to amend and reenact §49-5D-3 of said code, all relating
to juvenile proceedings and multidisciplinary teams; requiring the Division of Juvenile Services to
establish a multidisciplinary team treatment planning process for certain juveniles in its custody;
requiring multidisciplinary team to be convened and directed by the Division of Juvenile Services
for juveniles committed to its custody by the court for examination and diagnosis; specifying
members of the multidisciplinary team; and requiring multidisciplinary team to be convened for
juveniles prior to discharge from a juvenile correctional facility"; to the Committee on the Judiciary
then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 731 -
"A Bill making a supplementary appropriation of federal funds out of the
Treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth
day of June, two thousand five, to the Department of Transportation - Division of Public Transit,
fund 8745, fiscal year 2005, organization 0805, by supplementing and amending the appropriation
for the fiscal year ending the thirtieth day of June, two thousand five"; to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 732 - "
A Bill making a supplementary appropriation in the State Fund, General
Revenue, to the Department of Transportation - Aeronautics Commission, fund 0582, fiscal year
2005, organization 0807, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five"; to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 733 - "
A Bill making a supplementary appropriation of federal funds out of the
Treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand five, to a new item of appropriation designated to the Department
of Transportation, Aeronautics Commission, fund 8831, fiscal year 2005, organization 0807,
supplementing and amending chapter thirteen, Acts of the Legislature, regular session, two thousand
four, known as the budget bill"; to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 734 -"A Bill making a supplementary appropriation of federal funds out of the Treasury
from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth
day of June, two thousand five, to the West Virginia State Mapping and Addressing Board, fund
8868, fiscal year 2005, organization 0940, by supplementing and amending the appropriation for the
fiscal year ending the thirtieth day of June, two thousand five"; to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 735 -"A Bill to amend and reenact §17A-6A-7 of the Code of West Virginia, 1931, as
amended, all relating to cancellation of a motor vehicle agreement; notice of cancellation of motor
vehicle agreement; right of motor vehicle dealer to contest cancellation; grounds for contest of
cancellation; effect of agreement pending judicial contest; stay of termination proceedings;
conditions permitting cancellation; and effect on motor vehicle agreement of transfer of ownership"; to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R 57 - "Requesting the Division of Highways name the bridge in Mercer County on
U. S. Route 460 which crosses I-77 the "Lance Corporal Juston Thacker Memorial Bridge".
Whereas, Juston Thacker, a native of Mercer County and a 2001 graduate of Princeton High
School, was a player on the Princeton High School football team. During his senior year, he served
as the team's co-captain and the team posted a 9-3 record and a playoff win; and
Whereas, Juston Thacker was so moved by the terrible events of September 11, 2001, that
he joined the United States Marine Corps on March 18, 2002; and
Whereas, During his first overseas tour of duty, Juston Thacker served as an embassy guard
in Kabul, Afghanistan; and
Whereas, On June 24, 2004, just six weeks into his second tour of duty in Afghanistan,
Lance Corporal Juston Thacker and his team came upon the enemy lying in wait to ambush another
group of U. S. military forces. Lance Corporal Juston Thacker and another member of his team were
killed in action during a heavy exchange of gunfire with the enemy. Because of the action of Lance
Corporal Juston Thacker and his team, the lives of many other U. S. soldiers were saved; and
Whereas, It is fitting that a lasting tribute be named to honor the life of Lance Corporal
Juston Thacker, a true American hero; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge in Mercer
County on U. S. Route 460 which crosses I-77 the "Lance Corporal Juston Thacker Memorial
Bridge"; and, be it
Further Resolved, That the Legislature hereby recognizes the sacrifice made by Juston Thacker who laid down his life in service to his country during the war on terror in Afghanistan; and,
be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Lance Corporal Juston Thacker Memorial Bridge"; and,
be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation.
Conference Committee Report Availability
At 11:48 a.m., the Clerk announced the availability in his office of the report of the
Committee of Conference on Com. Sub. for H. B. 2592, Relating to the design-build procurement
act.
Resolutions Introduced
Mr. Speaker, Mr. Kiss, and Delegates Moore, Staton, Amores, Anderson, Argento, Armstead,
Ashley, Azinger, Barker, Beach, Beane, Blair, Boggs, Border, Brown, Browning, Butcher, Campbell,
Cann, Canterbury, Caputo, Carmichael, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem,
Ennis, Evans, Fragale, Frederick, Frich, Hall, Hamilton, Hartman, Hatfield, Houston, Howard,
Hrutkay, Hunt, Iaquinta, Kominar, Lane, Leach, Leggett, Long, Longstreth, Louisos, Mahan,
Manchin, Marshall, Martin, Michael, Miley, Morgan, Overington, Palumbo, Paxton, Perdue, Perry,
Pethtel, Pino, Poling, Porter, Proudfoot, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya,
Spencer, Stalnaker, Stemple, Stephens, Stevens, Sumner, Susman, Swartzmiller, Tabb, Talbott,
Tansill, Rick Thompson, Ron Thompson, Trump, Tucker, Varner, Wakim, Walters, Webster, Wells,
Gil White, H. K. White, Williams, Wysong and Yost offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H.C. R. 69 - "Recognizing the importance of the Health Sciences and Technology Academy
(HSTA) and its significant contributions to African American and under represented high school
students in West Virginia.
Whereas, HSTA strongly strives to increase the number of African American and under
represented high school students in West Virginia to pursue post-secondary education in the health
sciences and to increase the number of health practitioners in the medically under served
communities of West Virginia; and
Whereas, The goal of HSTA is to nurture the ambitions of talented students who, for
economic or other reasons, might not ordinarily achieve their career goals; and
Whereas, The program brings minority and disadvantaged students and their teachers to
campus each summer for clinic, laboratory, and classroom training and enrichment activities, then
provides the infrastructure and support for community-based science projects mentored by teachers,
health professions' students and volunteer community leaders during the school year; and
Whereas,
The ultimate goal of HSTA is to increase the college going rate among under
represented students in the Appalachian region, to improve science and math education, to empower
communities through leadership development of their youth, and, ultimately, to increase the number
of health care providers in West Virginia's currently under served rural communities; therefore, be
it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature recognizes and supports the continued success and
development of the Health Sciences and Technology Academy (HSTA) and its importance to the
State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to
the Director and other members of the Health Sciences and Technology Academy.
Consent Calendar
Third Reading
The following bills, on third reading, coming up in regular order, were each read a third
time.
Com. Sub. for H. B. 2369 , Authorizing the superintendent of the West Virginia state police to operate a voluntary contribution fund for designated beneficiaries of deceased officers,
Com. Sub. for H. B. 2426, Notifying persons from out of state who issue worthless checks
that a notice of their failure to pay the fine will be sent to the division of motor vehicles,
Com. Sub. for H. B. 2578, Increasing the ratios of professional and service personnel to
students in net enrollment,
H. B. 2603, Relating to reimbursement of tuition, registration and other required fees for
course work completed by teacher,
H. B. 2777, Making technical changes concerning High-Tech research zones, parks and
technology centers and tax incentives relating thereto,
H. B. 2802, Updating provisions pertaining to commercial driver's licenses to conform with
federal law,
H. B. 2866, Providing for continuation of tuition and fee payments to members after
discharge from military service due to wounds or injuries received in the line of duty,
Com. Sub. for H. B. 2991, Providing criminal penalties for aiding escape and specifying
items that are unlawful to deliver to or be possessed by individuals in custody or confinement,
H. B. 3002 , Removing the thirty day deadline for submitting party designations to be eligible
to vote in the primary election (Original similar to S. B. 711) (Regular) (Amores)
Com. Sub. for H. B. 3010, Providing that the Commissioner of Corrections may authorize
wardens or administrators to establish imprest funds for transporting inmates (Regular) (Amores)
And,
H. B. 3152, Clarifying that the Board of Risk and Insurance Management is not to provide
insurance for every property, activity or responsibility of the county boards of education.
On the passage of the bills, the yeas and nays were taken (Roll No. 214), and there were--yeas
98, nays none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bills (Com. Sub. for H. B. 2369, Com. Sub. for H. B. 2426, Com. Sub. for H. B. 2578,
H. B. 2603, H. B. 2777, H. B. 2802, H. B. 2866, Com. Sub. for H. B. 2991, H. B. 3002, Com. Sub.
for H. B. 3010 and H. B. 3152) passed.
Delegate Staton moved that Com. Sub. for H. B. 2578 take effect July 1, 2005.
On this question, the yeas and nays were taken (Roll No. 226), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2578) takes effect July 1, 2005.
Delegate Staton moved that H. B. 2603 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 227), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2603) takes effect from its passage.
Delegate Staton moved that H. B. 2777 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 228), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 2777) takes effect from its passage .
Delegate Staton moved that H. B. 2866 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 229), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (H. B. 2866) takes effect from its passage.
Delegate Staton moved that H. B. 3152 take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 230), and there were--yeas 98, nays
none, absent and not voting 2, with the absent and not voting being as follows:
Absent And Not Voting: Fragale and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 3152) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on the Consent Calendar bills and request concurrence therein.
Second Reading
S. B. 222, Relating to membership of Workforce Investment Council; on second reading,
coming up in regular order, was read a second time and ordered to third reading.
H. B. 2392, Requiring health benefit plans to issue uniform prescription drug information
cards or technology; on second reading, coming up in regular order, was read a second time.
An amendment, recommended by the Committee on Health and Human Resources, was
reported by the Clerk and adopted, amending the bill on page six, section twenty-one, line ten,
following the word "thousand" by striking out the word "five" and inserting in lieu thereof the word
"six".
The bill was then ordered to engrossment and third reading.
H. B. 2782, Increasing the number of members a municipality may appoint to a board of park
and recreation commission from not less than three to not more than seven; on second reading,
coming up in regular order, was read a second time.
At the request of Delegate Proudfoot, and by unanimous consent, the bill was advanced to
third reading and the rule was suspended to permit the offering of an amendment on third reading.
The following bills, on second reading, coming up in regular order, were read a second time
and ordered to engrossment and third reading.
Com. Sub. for H. B. 2950, Relating to requiring a paper copy of a voter's votes when using
an electronic system to vote if an election is contested or for a random count of precincts,
H. B. 2989, Authorizing the Division of Motor Vehicles to suspend or refuse to register
vehicles of motor carriers whose authority to operate in interstate commerce has been denied or
suspended,
H. B. 3014, Clarifying that mandated accident and sickness insurance benefits do not apply
to limited coverage policies, unless expressly made applicable to such policies,
Com. Sub. for H. B. 3023 , Raising revenues by assessments and collections on all breeding
age sheep and goats to fund the state's participation in a federal coyote control program,
H. B. 3093, Permitting River Valley Child Development Services, Inc. to withdraw from the
teachers' defined contribution plan,
And,
Com. Sub. for H. B. 3102, Prohibiting a person not the owner of a registered dog from
removing tags, collars or apparel from a registered dog without the permission of the owner, and
creating penalties.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2365, Relating to school board member disclosure and voting
obligations; unauthorized individual actions of board members,
H. B. 3019, Relating to recognizing the Appalachian Education Initiative promoting the role
of art education in public schools,
Com. Sub. for H. B. 3051, Relating to defining certain terms relative to hunting,
Com. Sub. for H. B. 3068, Authorizing private inspectors to conduct annual inspections of
elevators in state-owned buildings while establishing authority for the Division of Labor to conduct
over-site inspections,
H. B. 3151, Regulating dialysis technicians by the Board of Examiners for Registered
Professional Nurses,
Com. Sub. for H. B. 3163, Prohibiting colleges from requiring students to purchase bundled
textbook packages,
And,
H. B. 3225, Relating to the preparation and publication of year-end financial statements by
county boards of education.
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed
with him for the removal of bills from the Consent Calendar to the House Calendar:
H. B. 2782, on second reading, Consent Calendar, to the House Calendar, by Delegate
Proudfoot.
Com. Sub. for H. B. 3023, on second reading, Consent Calendar, to the House Calendar, by
Delegate Stevens.
Com. Sub. for H. B. 2365, on first reading, Consent Calendar, to the House Calendar, by
Delegate Trump.
And,
H. B. 3225, on first reading, Consent Calendar, to the House Calendar, by Delegate Boggs.
Special Calendar
Third Reading
Com. Sub. for H. B. 2141, Prohibiting persons from soliciting contributions on public
highways; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 231),
and there were--yeas 96, nays 2, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Hrutkay and Martin.
Absent And Not Voting: Fragale and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub, for H. B. 2141) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2492, Providing a funding mechanism for teen court programs; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 232),
and there were--yeas 94, nays 4, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Carmichael, Leggett, Louisos and Thompson, Rick.
Absent And Not Voting: Fragale and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2492) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2816, Creating the West Virginia Healthy Act of 2005; on third
reading, coming up in regular order, with the restricted right to amend, was reported by the Clerk.
On motion of Delegate Border, the bill was amended on page twelve, section six-a, line
forty-five, following the word "of" by striking the word "sugar" and inserting in lieu thereof the
word "sucrose".
Having been engrossed, the bill was then read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 233),
and there were--yeas 98, nays none, absent and not voting 2, with the absent and not voting being
as follows:
Absent And Not Voting: Fragale and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2816) passed.
On motion of Delegate Michael, the title of the bill was amended to read as follows:
Com. Sub. for H. B. 2816 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §5-1E-1, §5-1E-2, §5-1E-3, §5-1E-4 and §5-1E-5; and to amend and reenact §18-2-6a and §18-2-7a of said code, all relating to promoting healthy lifestyles;
creating a Healthy Lifestyles Office in the Department of Health and Human Resources; establishing
the functions of the Office; creating a special revenue account; establishing a voluntary private sector
partnership program to encourage healthy lifestyles; establishing physical activity requirements in
the schools; and encouraging the use of healthy beverages in the vending machines of schools."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2852, Implementing the recommendations of the West Virginia
Pharmaceutical Cost Council; on third reading, coming up in regular order, with the right to amend,
was reported by the Clerk.
Delegate Trump moved to amend the bill on page one by striking everything after the
enacting clause and inserting in lieu thereof the following:
"CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 16D. WEST VIRGINIA PHARMACEUTICAL ADVOCATE ACT.
§5-16D-1. Title.
The provisions of this article shall be known as and referred to as the 'West Virginia
Pharmaceutical Advocate Act.'
§5-16D-2. Legislative findings and intent.
(a) The Legislature finds:
(1) That the rising cost of prescription drugs is one of the most critical issues facing the
current health care system in the State of West Virginia;
(2) This crisis has imposed a significant hardship on individuals who have limited budgets,
are uninsured or who have prescription coverage that is unable to control costs successfully due to
cost shifting and disparate pricing policies;
(3) That the average cost per prescription for seniors rose significantly between one thousand nine hundred ninety-two and two thousand, and is expected to continue increasing significantly
through two thousand ten;
(4) State government agencies could achieve significant savings through the coordinated
purchase of prescription drugs;
(5) That there is an increasing need for citizens of West Virginia to have affordable access
to prescription drugs; and
(6) That the Legislature does not intend the imposition of the programs under this article to
penalize or otherwise jeopardize the benefits of veterans and other recipients of federal supply
schedule drug prices.
(b) In an effort to promote healthy communities and to protect the public health and welfare
of West Virginia residents, the Legislature finds that it is its responsibility to make every effort to
provide affordable prescription drugs for all residents of West Virginia.
§5-16D-3. Definitions.
In this article:
(1) 'Advertising or marketing' means any manner of communication of information, either
directly or indirectly, that is paid for and usually persuasive in nature about products, services or
ideas related to pharmaceuticals by identified sponsors through various media, persons or other
forms as further defined by legislative rule.
(2) 'Audit' means a systematic examination and collection of sufficient, competent evidential
matter needed for an auditor to attest to the fairness of management's assertions in the financial
statements and to evaluate whether management has sufficiently and effectively carried out its
responsibilities and complied with applicable laws and regulations, conducted by an independent
certified public accountant in accordance with the applicable statement on standards.
(3) 'Average wholesale price' means the amount determined from the latest publication of
the Blue Book, a universally subscribed pharmacist reference guide annually published by the Hearst
Corporation. 'Average wholesale prices' may also be derived electronically from the drug pricing
database synonymous with the latest publication of the Blue Book and furnished in the National
Drug Data File by First Data Bank, a service of the Hearst Corporation.
(4) 'Brand name drug' means an innovator drug as defined in this section.
(5) 'Dispensing fee' means the fee charged by a pharmacy to dispense pharmaceuticals.
(6) 'Drug manufacturer' or 'pharmaceutical manufacturer' means any entity which is engaged
in:
(A) The production, preparation, propagation, compounding, conversion or processing of
prescription drug products, either directly or indirectly by extraction from substances of natural
origin, or independently by means of chemical synthesis or by a combination of extraction and
chemical synthesis; or
(B) In the packaging, repackaging, labeling, relabeling or distribution of prescription drug
products. 'Drug manufacturer' or 'pharmaceutical manufacturer' does not include a wholesale
distributor of drugs or a retail pharmacy licensed under state law.
(7) 'Federal supply schedule' means the price available to all federal agencies for the
purchase of pharmaceuticals authorized in the Veterans Health Care Act of 1992, PL 102-585.
Federal supply schedule prices are intended to equal or better the prices manufacturers charge their
'most-favored' nonfederal customers under comparable terms and conditions.
(8) 'Labeler' means an entity or person that receives prescription drugs from a manufacturer
or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the
Food and Drug Administration pursuant to 21 C.F.R. §207.20 (1999).
(9) 'Multiple-source drug', 'innovator drug' and 'noninnovator drug' mean the following:
(A) The term 'multiple-source drug' means, when two or more drug products are: Rated as
therapeutically equivalent (under the Food and Drug Administration's most recent publication of
'Approved Drug Products with Therapeutic Equivalence Evaluations'), except as provided in
paragraph (B) of this subdivision, are pharmaceutically equivalent and bioequivalent, as determined
by the Food and Drug Administration, and the term 'innovator drug' is referred to in this article as
'brand'. The term 'innovator drug' means a drug which is produced or distributed under an original
new drug application approved by the Food and Drug Administration, including a drug product
marketed by any cross-licensed producers or distributors operating under the new drug application
and any multiple-source drug that was originally marketed under an original new drug application approved by the Food and Drug Administration. The term 'noninnovator drug' is referred to in this
article as 'generic.' The term 'noninnovator drug' means a multiple-source drug that is not an
'innovator drug.'
(B) Paragraph (A) of this subdivision does not apply if the Food and Drug Administration
changes by regulation the requirement that, for purposes of the publication described in paragraph
(A) of this subdivision, in order for drug products to be rated as therapeutically equivalent, they must
be pharmaceutically equivalent and bioequivalent.
(10) 'Office of the Pharmaceutical Advocate' or 'Office' means the Office created pursuant
to section four of this article.
(11) 'Person' means any natural person or persons or any corporation, partnership, company,
trust or association of persons.
(12) 'Pharmaceutical Advocate' or 'Advocate' means the position created pursuant to section
five of this article.
(13) 'Pharmacy benefit manager' means an entity that procures prescription drugs at a
negotiated rate under a contract and which may serve as a third party prescription drug benefit
administrator.
(14) 'Pharmaceutical drug detailing' or 'detailing" means the function performed by a sales
representative who is employed by a pharmaceutical manufacturer for the purpose of; promotion of
pharmaceutical drugs or related products; education about pharmaceutical drugs or related products;
or to provide samples of pharmaceutical drugs, related products or related materials, gifts, food or
meals.
(15) 'Prescription drug purchasing agreement' means a written agreement to pool all parties'
prescription drug buying power in order to negotiate the best possible prices and which delegates
authority to negotiate on behalf of the parties to the Advocate.
(16) 'Prescription drugs' mean substances recognized as drugs in the official 'United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or National Formulary,'
or any supplement thereto, dispensed pursuant to a prescription issued by an authorized health care
practitioner, for use in the diagnosis, cure, mitigation, treatment or prevention of disease in a human, as well as prescription drug delivery systems, testing kits and related supplies.
(17) 'Savings' means the difference between the previous price of a prescription drug
including any discounts, rebates or price containments and the current price after the effective date
of this article for the Public Employees Insurance Agency, the Children's Health Insurance Program,
the Division of Corrections, the Division of Juvenile Services, the Regional Jail and Correctional
Facility Authority, the Workers' Compensation Fund, state colleges and universities, public hospitals,
state or local institutions such as nursing homes, veterans' homes, the Division of Rehabilitation,
public health departments and the Bureau of Medical Services or other programs which are payors
for prescription drugs.
(18) 'Sole source' means a pharmaceutical that provides a unique and powerful advantage
available in the market to a broad group of patients established under federal law.
(19) 'West Virginia Pharmaceutical Advocate Advisory Council' or 'Council' means the
Council created pursuant to section eleven of this article.
§5-16D-4. Creation of Office of Pharmaceutical Advocate; cooperation among state agencies;
Medicaid and CHIP program.
(a) There is hereby created the Office of Pharmaceutical Advocate. The purpose of this
Office is to obtain favorable pharmaceutical prices for state agencies and other qualified entities
pursuant to this article. The Office is under the direct supervision of the Pharmaceutical Advocate,
who is responsible for the exercise of the duties and powers assigned to the Office under the
provisions of this article.
(b) The Public Employees Insurance Agency, the Children's Health Insurance Program, the
Division of Corrections, the Division of Juvenile Services, the Regional Jail and Correctional
Facility Authority, the Workers' Compensation Fund, state colleges and universities, public hospitals,
state or local institutions such as nursing homes, veterans' homes, the Division of Rehabilitation,
public health departments and the Bureau of Medical Services or other programs which are payors
for prescription drugs shall cooperate with the Office of the Pharmaceutical Advocate to meet the
requirements of this article.
(c) The Medicaid program and the West Virginia Children's Health Insurance program may be exempt from participation in this program until approval by the Center for Medicare and
Medicaid Services has been granted if it is determined to be required by the Pharmaceutical
Advocate created under section five of this article.
§5-16D-5. West Virginia Pharmaceutical Advocate; appointment; qualifications; oath;
salary.
(a) The Office of the Pharmaceutical Advocate is under the supervision of the Pharmaceutical
Advocate. The Advocate is the executive and administrative head of the office and shall be
appointed by the Governor with advice and consent of the Senate. The Advocate shall be qualified
by training and experience to direct the operations of the Office of the Pharmaceutical Advocate, and
serves at the will and pleasure of the Governor. The duties of the Advocate include, but are not
limited to, the management and administration of the Office of the Pharmaceutical Advocate.
(b) Notwithstanding any provision of this code to the contrary, the Advocate is the sole
source for management and negotiation and purchase of all pharmaceuticals for all state agencies and
other qualified entities including, but not limited to, the Public Employees Insurance Agency, the
Children's Health Insurance Program, the Division of Corrections, the Division of Juvenile Services,
the Regional Jail and Correctional Facility Authority, the Workers' Compensation Fund, state
colleges and universities, public hospitals, state or local institutions such as nursing homes, veterans'
homes, the Division of Rehabilitation, public health departments and the Bureau of Medical Services
or other programs which are payors for prescription drugs.
(c) The Advocate:
(1) Serves on a full-time basis and may not be engaged in any other profession or occupation;
(2) May not hold political office in the government of the state either by election or
appointment while serving as the Advocate;
(3) Shall be a citizen of the United States and become a resident of the state within ninety
days of appointment;
(4) Is entitled to receive an annual salary as provided by the Governor; and
(5) Is ineligible for civil service coverage as provided in section four, article six, chapter
twenty-nine of this code. Any executive secretary hired by the Advocate is ineligible for civil service coverage.
(d) Before entering upon the discharge of the duties as Advocate, the Advocate shall take and
subscribe to the oath of office prescribed in section five, article IV of the Constitution of West
Virginia. The executed oath shall be filed in the office of the Secretary of State.
(e) The Advocate shall report directly to the Governor or the Governor's designee.
§5-16D-6. West Virginia Pharmaceutical Advocate; powers and duties, hiring of staff.
(a) The Advocate serves as the Chairman of the Pharmaceutical Advocate Advisory Council
established pursuant to section eleven of this article.
(b) The Advocate has the power and authority to:
(1) Purchase or enter into contracts or agreements as necessary to achieve the purposes of this
article and pursuant to the provisions of section seven of this article;
(2) File suit;
(3) Evaluate and renegotiate existing contracts for state purchase of prescription drugs for
cost savings;
(4) Negotiate and execute pharmacy benefit management contracts using the federal supply
schedule as a benchmark for the purpose of managing rising drug costs for this state and all parties
which have executed prescription drug purchasing agreements with the Office of Pharmaceutical
Advocate or other state agency;
(5) Provide discount prices or rebate programs as prudent for seniors and persons without
adequate prescription drug insurance;
(6) Work to achieve disclosure of the amount spent by prescription drug manufacturers with
regard to expenditures for advertising, marketing, and promotion, as well as for provider incentives
and research and development efforts;
(7) Establish programs aimed at educating health care practitioners authorized to prescribe
prescription drugs about the relative costs and benefits of various prescription drugs, with an
emphasis on generic substitution for brand name drugs when available and appropriate; prescribing
established, less-costly drugs instead of newer and more expensive drugs, when appropriate; and
prescribing lower dosages of prescription drugs when appropriate;
(8) Establish disease management programs aimed at enhancing the effectiveness of treating
certain diseases identified as prevalent among this state's population with prescription drugs;
(9) Facilitate the establishment of voluntary private buying clubs, cooperatives or purchasing
alliances comprised of small businesses or individuals for the purpose of purchasing prescription
drugs at optimal prices;
(10) Develop and implement a program to maximize savings to the state and its citizens from
Section 340B of the Federal Public Health Service Act, 42 U.S.C. 256b, as applicable;
(11)Develop and implement a program under which the state purchases, then resells,
prescription drugs at cost, plus operating expenses, to West Virginia consumers;
(12)Develop and implement a program under which the state may become a licensed
pharmaceutical wholesaler for the purposes of making pharmaceuticals obtained by a buying
consortium available to local pharmacies; and
(13)Develop and implement other programs, projects and initiatives to achieve the
purposes of this article, including initiating, evaluating, and promoting other strategies that result in
reduced costs of prescription drugs for the citizens of West Virginia, including, but not limited to:
(A) A common preferred drug list for the Public Employees Insurance Agency, the Children's
Health Insurance Program, the Division of Corrections, the Division of Juvenile Services, the
Regional Jail and Correctional Facility Authority, the Workers' Compensation Fund, state colleges
and universities, public hospitals, state or local institutions such as nursing homes, veterans' homes,
the Division of Rehabilitation, public health departments and the Bureau of Medical Services or
other programs which are payors for prescription drugs;
(B) A streamlined prior authorization process for state insurers; and
(C) Patient assistance programs in their current forms, as well as new programs, such as
central fill pharmacy/bulk replenishment models.
(c) The Advocate shall consult with the Council and employ such professional, clerical,
technical and administrative personnel as may be necessary to carry out the provisions of this article.
(d) The Advocate, with input and advice from the Council, shall prepare and submit annual
proposed appropriations for the Office of the Pharmaceutical Advocate and the Council to the Governor.
(e) Submit an annual report to the Governor and the Legislature on the condition, operation
and functioning of the Office of the Pharmaceutical Advocate.
(f) Supervise the fiscal management and responsibilities of the Office of the Pharmaceutical
Advocate.
(g) Keep an accurate and complete record of all Office of the Pharmaceutical Advocate
proceedings, record and file all bonds and contracts and assume responsibility for the custody and
preservation of all papers and records of the Office.
§5-16D-7. Authorization to execute prescription drug purchasing agreements.
(a) The Advocate may execute, subject to the provisions of subsection (c) of section six of
this article and as permitted by applicable federal law, prescription drug purchasing agreements with:
(1) All departments, agencies, authorities, institutions, programs, quasi-public corporations
and political subdivisions of this state, including, but not limited to, the Public Employee's Insurance
Agency, the Children's Health Insurance Program, the Division of Corrections, the Division of
Juvenile Services, the Regional Jail and Correctional Facility Authority, the Workers' Compensation
Fund, state colleges and universities, public hospitals, state or local institutions such as nursing
homes, veterans' homes, the Division of Rehabilitation, public health departments and the Bureau
of Medical Services: Provided, That any contract or agreement executed with or on behalf of the
Bureau of Medical Services shall contain all necessary provisions to comply with the provisions of
Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq., dealing with pharmacy services
offered to recipients under the medical assistance plan of West Virginia;(2) Governments of other
states and jurisdictions and their individual departments, agencies, authorities, institutions,
programs, quasi-public corporations and political subdivisions;(3) Regional or multistate
purchasing alliances or consortia, formed for the purpose of pooling the combined purchasing power
of the individual members in order to increase bargaining power; and(4) Arrangements with
entities in the private sector, including, commercial insurance carriers, self-funded benefit plans and
private and not-for-profit hospitals toward combined purchasing of health care services, health care
management services, pharmacy benefits management services or pharmaceutical products: Provided, That no private entity may be compelled to participate in the prescription drug purchasing
pool.
(b) The Council created pursuant to section eleven of this article is responsible for reviewing
any proposed contract authorized by this article before it is executed by the Advocate. If the Council
determines that the proposed contract meets the requirements of this article and would assist in
effectively managing the costs for the programs involved and would not result in jeopardizing state
funds or funds due the state, it shall approve the contract and authorize the Advocate to execute the
contract.
(c) The Council may not approve and the Advocate may not execute any agreement that does
not effectively and efficiently manage rising drug costs on behalf of the parties to the agreement.
(d) The Council may not approve and the Advocate may not execute any agreement that
grants the state's credit for the purchase of prescription drugs by any entity other than this state.
§5-16D-8. Audit required; reports.
(a) The Advocate shall cause to be conducted an audit of any funds expended pursuant to any
prescription drug purchasing agreement or pharmacy benefit management contract executed under
the provisions of this article for each fiscal year that the prescription drug purchasing agreement or
pharmacy benefit management contract is in effect. The Advocate shall submit the audit to the Joint
Committee on Government and Finance upon completion, but in no event later than the thirty-first
day of December after the end of the fiscal year subject to the audit.
(b) The Advocate shall provide written notice to the Joint Committee on Government and
Finance before executing a prescription drug purchasing agreement or a pharmacy benefit
management contract or amending an existing prescription drug contract.
§5-16D-9. Authorization to execute pharmacy benefit management contract.
The Advocate may negotiate and execute pharmacy benefit management contracts for the
purpose of managing rising drug costs for this state and all parties which have executed prescription
drug purchasing agreements with the state or any state agency, including, but not limited to, the
Public Employees Insurance Agency, the Children's Health Insurance Program, the Division of
Corrections, the Division of Juvenile Services, the Regional Jail and Correctional Facility Authority, the Workers' Compensation Fund, state colleges and universities, public hospitals, state or local
institutions such as nursing homes, veterans' homes, the Division of Rehabilitation, public health
departments and the Bureau of Medical Services or other programs which are payors for prescription
drugs.
§5-16D-10. Authorization to amend existing contracts.
The Advocate may renegotiate and amend existing prescription drug contracts to which the
state or any state agency, including, but not limited to, the Public Employees Insurance Agency, the
Children's Health Insurance Program, the Division of Corrections, the Division of Juvenile Services,
the Regional Jail and Correctional Facility Authority, the Workers' Compensation Fund, state
colleges and universities, public hospitals, state or local institutions such as nursing homes, veterans'
homes, the Division of Rehabilitation, public health departments and the Bureau of Medical
Services, or other programs which are payors for prescription drugs is a party for the purpose of
managing rising drug costs.
§5-16D-11. Exemption from Purchasing Division requirements.
The provisions of article three, chapter five-a of this code do not apply to the
agreements and contracts executed under the provisions of this article, except that the contracts and
agreements shall be approved as to form and conformity with applicable law by the Attorney General.
§5-16D-12. Creation of the West Virginia Pharmaceutical Advocate Advisory Council.
(a) The West Virginia Pharmaceutical Advocate Advisory Council is hereby created. The
Council is an independent, self-sustaining council that has the powers and duties specified in this
article.
(b) The Council is a part-time council whose members perform such duties as specified in
this article. The ministerial duties of the Council shall be administered and carried out by the Office
of the Pharmaceutical Advocate.
(c) Each member of the Council shall devote the time necessary to carry out the duties and
obligations of the office. Those members appointed by the Governor may pursue and engage in
another business or occupation or gainful employment that is not in conflict with the duties of the
Council.
(d) The Council is self-sustaining and independent, however, it, its members, the Advocate
and employees of the Office of the Pharmaceutical Council are subject to article nine-a of chapter
six, chapter six-b, chapter twenty-nine-a and chapter twenty-nine-b of this code.
§5-16D-13. Appointment of members of the West Virginia Pharmaceutical Advocate Advisory
Council; chairman; qualifications and eligibility; reimbursement for
expenses.
(a) The Council is comprised of the Pharmaceutical Advocate, the Secretary of the
Department of Administration or his or her designee, the Director of the Public Employees Insurance
Agency or his or her designee, the Commissioner of the Bureau of Medical Services of the
Department of Health and Human Resources or his or her designee, the Secretary of the Department
of Health and Human Resources or his or her designee, the Commissioner of the Bureau of Senior
Services or his or her designee, the Secretary of the Department of Military Affairs and Public Safety
or his or her designee, the Secretary of the Department of Education and the Arts or his or her
designee, and five members from the public who shall be appointed by the Governor with the advice
and consent of the Senate. One public member shall be a licensed pharmacist employed by a
community retail pharmacy, one public member shall be a representative of a pharmaceutical
manufacturer with substantial operations located in West Virginia that has at least seven hundred
fifty employees, one public member shall be a primary care physician, one public member shall
represent those who will receive benefit from the establishment of the Office of the Pharmaceutical
Advocate and one public member shall have experience in the financing, development or
management of a health insurance company which provides pharmaceutical coverage. Each public
member shall serve for a term of four years. Of the public members of the Council first appointed,
one shall be appointed for a term ending the thirtieth day of June, two thousand six, and two each
for terms of three and four years. Each public member serves until his or her successor is appointed
and has qualified. A member of the Council may be removed by the Governor for cause.
(b) The Pharmaceutical Advocate serves as Chairperson of the Council.
(c) Council members may not be compensated in their capacity as members but shall be
reimbursed for reasonable expenses incurred in the performance of their duties.
§5-16D-14. Meeting requirements.
(a) The Council shall meet within the state at least once per calendar quarter or at such times
as the Chairman may decide. The Council shall also meet upon a call of five or more members upon
seventy-two hours written notice to each member.
(b) Seven members of the Council are a quorum for the transaction of any business and for
the performance of any duty.
(c) A majority vote of the members present is required for any final determination by the
Council. Voting by proxy is not allowed.
(d) The Council shall keep a complete and accurate record of all its meetings according to
section five, article nine-a, chapter six of this code.
§5-16D-15. Removal of Council members.
Notwithstanding the provisions of section four, article six, chapter six of this code, the
Governor may remove any Council member for incompetence, misconduct, gross immorality,
misfeasance, malfeasance or nonfeasance in office.
§5-16D-16. General duties of the West Virginia Pharmaceutical Advocate Advisory
Council.
The Council has general responsibility to review and provide advice and comment to the
Office of the Pharmaceutical Advocate on its policies and procedures relating to the purchase of
prescription drugs. The Council shall offer advice to the Office of the Pharmaceutical Advocate on
matters over which the office has authority and oversight. This includes, but is not limited to:
(1) Hiring of professional, clerical, technical and administrative personnel as may be
necessary to carry out the provisions of this article;
(2) Promulgation of rules, including emergency rules, that are necessary to carry out the
provisions of this article;
(3) Contracts or agreements; and
(4) Development of policy necessary to meet the duties and responsibilities of the Office or
the Advocate pursuant to the provisions of this article.
§5-16D-17. Investigation of Canadian drugs; wholesaling; federal waivers.
(a) The Advocate is authorized to investigate the feasibility of purchasing prescription drugs
from sources in Canada, which may include the feasibility of the state or an instrumentality thereof
serving as a wholesale distributor of prescription drugs in the state.
(b) Upon a determination by the Advocate that the same is feasible and in the best interests
of the citizens of the state, the Advocate is authorized to pursue waivers from the federal
government, including, but not limited to, from the United States Food and Drug Administration,
as necessary for the state to accomplish prescription drug purchasing from sources in Canada:
Provided, That if a waiver is not granted, the Advocate is authorized to take necessary legal action.
(c) Upon a favorable finding by the appropriate federal agencies or courts, notwithstanding
any provision of this code to the contrary, the Advocate may establish and implement a methodology
to provide wholesale drugs to licensed pharmacies located within West Virginia.
§5-16D-18. Multistate discussion group; agreements.
The Advocate, for the purposes of administering, reviewing or amending the duties and
responsibilities granted him or her by this article, shall continue to investigate the feasibility of
mulitstate discussions and may enter into multistate discussions and agreements when to do so would
enure to the financial benefit of all West Virginians who are consumers of pharmaceuticals.
5-16D-19. Creation of Clearinghouse Program.
(a) There is hereby created within the Office of the Pharmaceutical Advocate the State
Prescription Drug Assistance Clearinghouse Program. The brand pharmaceutical manufacturers
shall create and implement a program in consultation with the Office of the Pharmaceutical Advocate
to assist state residents who are low income or uninsured to gain access to prescription medications
through existing private and public sector programs and prescription drug assistance programs
offered by manufacturers, including discount and coverage programs. The brand pharmaceutical
manufacturers shall:
(1) Use available computer software programs that access an eligible individual with the
appropriate private or public programs relating to the individual's medically necessary drugs;
(2) Provide education to individuals and providers to promote the program and to expand
enrollment and access to necessary medications for low-income or uninsured individuals qualifying for the Programs; and
(3) Be responsible for the cost of the establishment of the Program, and be responsible for
running the Program, regardless of the date of transfer of the Program to the state, for the period until
a date no earlier than the thirtieth day of June, two thousand five, and ownership of the technology,
website and other program features shall be transferred to the state on the same date.
The Office of the Pharmaceutical Advocate shall provide oversight with respect to the
establishment, construction, and continued operation of the Program and Program features.
(b) The participating brand pharmaceutical manufacturers shall contribute the funding for the
promotion of the public relations program attendant to the establishment of the Program. The
participating brand pharmaceutical manufacturers shall be responsible for the cost of the
establishment of the program and the cost of the ongoing program, regardless of the date of transfer
of ownership of the program to the state, for the period until a date not earlier than the thirtieth day
of June, two thousand five.
§5-16D-20. Pharmaceutical Discount Program; establishment; eligible individuals; discount
pass through; terms.
There is hereby established within the Office of the Pharmaceutical Advocate a Discount
Drug Program to provide low-income, uninsured individuals with access to prescription drugs from
participating brand pharmaceutical companies and pharmacists through either a state-sponsored
discount card program or a program that extends current brand pharmaceutical manufacturer
prescription drug assistance programs:
(a) The state hereby establishes a state-sponsored prescription drug discount card program
for certain eligible residents of West Virginia:
(1) Eligible individuals include uninsured residents of West Virginia up to two hundred per
cent of the federal poverty guideline who have not been covered by a prescription drug program,
whether public or private, at least six months prior to applying to the discount card program;
(2) The state may negotiate voluntary discounts with brand pharmaceutical manufacturers
and pharmacists: Provided, That the total discount received from the manufacturer shall pass
through to the eligible resident;
(3) Failure of a brand pharmaceutical manufacturer to participate in the voluntary discount
card program will not result in prior authorization on drugs in the medicaid program which would
not otherwise be subject to prior authorization but for the failure of the manufacturer to participate
in this program; and
(4) The state shall not establish a formulary or preferred drug list as part of the discount card
program.
(b) The brand pharmaceutical manufacturers may extend existing prescription drug assistance
programs to eligible residents of West Virginia. Eligible individuals include uninsured residents of
West Virginia up to two hundred percent of the federal poverty level who have not been covered by
a prescription drug program, whether public or private, at least six months prior to applying to the
program.
(c) The program established under this section shall be structured so that a member
presenting a discount card at a participating pharmacy will receive the full benefit of the pharmacy
discount, as well as the manufacturer's discount, at a point of sale transaction. The program, or the
pharmacy benefit manager contracted by the program, shall coordinate the drug discount information
provided by participating pharmacies and manufacturers so that the available drug discounts are
provided to the member at the point of sale.
(d) Manufacturers participating in the voluntary program established under this section shall
cooperate with the Program, the Office of the Pharmaceutical Advocate or the pharmacy benefit
manager contracted by either the program or the Office of the Pharmaceutical Advocate, to provide
the current list of drugs and the percentage of discount from the average wholesale price for such
drugs, or the rebates that the manufacturer will provide under the program. It is the intent of this
program that adequate drug price and discount or rebate information be provided by the
manufacturer, such that the program and participating pharmacies will have available such drug
prices and discounts or rebates at a point of sale pharmaceutical drug transaction. Retail pharmacies
will be responsible for no more than fifty percent of the discount offered by the manufacturer to the
participant.
(1) Pharmacies participating in the voluntary program or programs established under this section are responsible for no more than fifty percent of the discount offered by the manufacturer to
the participant, and shall be paid a dispensing fee of no more than three dollars and fifty cents per
prescription with regard to prescriptions filled under the program or programs.
(2) Upon the presentation of a valid discount card, payment for the prescription and otherwise
meeting appropriate criteria to have their prescription filled, the cardholder shall have their
prescription filled by a participating pharmacy. To accomplish the transaction, the participating
pharmacy shall electronically transmit the transaction to the program, Office of the Pharmaceutical
Advocate or pharmacy benefit manager contracted by the program for processing. The Office of
the Pharmaceutical Advocate, or the program's pharmacy benefit manager, shall determine the
discounted cost of the drug, including the discount provided, the discount provided by the pharmacy,
the discount or rebate provided by the manufacturer, the pharmacy dispensing fee, and any pharmacy
benefit manager transaction fee. The program, Office of the Pharmaceutical Advocate, or the
program's pharmacy benefit manager, shall then transmit to the manufacturer an electronic statement
of the amount the manufacturer owes on the transaction to cover the manufacturer's discount or
rebate and the program's pharmacy benefit manager's processing fee. The manufacturer shall, in
turn, at least every fourteen days, transmit such monetary amounts for the transaction to the program
or the program's pharmacy benefit manager, and the program or the program's pharmacy benefit
manager, shall pass such discount or rebate amounts back to the participating pharmacy which
originated the transaction immediately.
(e) The pharmaceutical manufacturers shall report to the Joint Committee on Government
and Finance on a monthly basis all activities related to the implementation of this program including
the number of citizens serviced and the services provided, as well as, the benefits, the costs and the
discounts obtained.
§5-16D-21. Authorization to take advantage of Acts of Congress, accept gifts, grants and
matching funds.
The Office of the Pharmaceutical Advocate is authorized to take full advantage of the
benefits and provisions of any Acts of Congress and to accept any and all gifts, grants and matching
funds whether in the form of money or services.
§5-16D-22. Agency's management ability continued.
Nothing contained in this article limits the ability of the various state agencies to enter into
contracts or arrangements or to otherwise manage their pharmacy programs until such time as the
programs created or authorized pursuant to this article are implemented.
§5-16D-23. Restraint of trade; civil and criminal violations defined.
(a) The following are considered to restrain trade or commerce unreasonably and are
unlawful:
(1) A contract, combination or conspiracy between two or more persons:
(A) For the purpose or with the intent to fix, control or maintain the market price, rate or fee
of pharmaceuticals; or
(B) Allocate or divide customers or markets, functional or geographic, for any
pharmaceutical; and
(2) The establishment, maintenance or use of a monopoly or an attempt to establish a
monopoly of trade or commerce, any part of which is within this state, by any persons for the
purpose of or with the intent to exclude competition or control, fix or maintain pharmaceutical
prices.
(b) Any person violating the provisions of this section is guilty of a felony and, upon
conviction thereof, shall be confined in a state correctional facility for not less than one nor more
than ten years, or fined in an amount consistent with the Clayton Act 15 U.S.C. §15 et seq., which
may include treble damages, or both fined and confined.
(c) Any person violating the provisions of this section is liable for a civil penalty and fine in
an amount consistent with the Clayton Act 15 U.S.C. §15 et seq., which may include treble damages,
for each violation.
(d) The county prosecuting attorney shall investigate suspected violations of, and institute
criminal proceedings pursuant to, the provisions of this section.
(e) The Attorney General or special counsel appointed by the Governor, in his or her
discretion, shall represent the state in all civil proceedings brought on behalf of the state to enforce
the provisions of this section. After payment of all attorney fees and costs, no less than fifty percent of all judgments or settlements shall be placed in the General Revenue Fund of the state.
§5-16D-24. Advertising costs; reporting of same.
(a) Advertising costs for prescription drugs, based on aggregate national data, shall be
reported to the Pharmaceutical Advocate by all manufacturers and labelers of prescription drugs
dispensed in this state that employs, directs or utilizes marketing representatives. The reporting shall
assist this state in its role as a purchaser of prescription drugs and an administrator of prescription
drug programs, enabling this state to determine the scope of prescription drug advertising costs and
their effect on the cost, utilization and delivery of health care services and furthering the role of this
state as guardian of the public interest.
(b) The Advocate shall establish, by legislative rule, the reporting requirements of
information by labelers and manufacturers which shall include all national aggregate expenses
associated with advertising and direct promotion of prescription drugs through radio, television,
magazines, newspapers, direct mail and telephone communications as they pertain to residents of
this state.
(c) The following are exempt from disclosure requirements:
(1) All free samples of prescription drugs intended to be distributed to patients;
(2) All payments of reasonable compensation and reimbursement of expenses in connection
with a bona fide clinical trial. As used in this subdivision, 'clinical trial' means an approved clinical
trial conducted in connection with a research study designed to answer specific questions about
vaccines, new therapies or new ways of using known treatments; and
(3) All scholarship or other support for medical students, residents and fellows to attend
significant educational, scientific or policy-making conference of national, regional or specialty
medical or other professional association if the recipient of the scholarship or other support is
selected by the association.
(d) The Advocate is authorized to establish time lines, the documentation, form and manner
of reporting required as he or she determines necessary to effectuate the purpose of this article.
The Advocate shall include in the annual report required pursuant to subsection (e) of section five
of this article, in an aggregate form, the information provided in the required reporting.
(e) Notwithstanding any provision of law to the contrary, information submitted to the
Advocate pursuant to this section is confidential and is not a public record and is not available for
release pursuant to the West Virginia Freedom of Information Act. Data compiled in aggregate form
by the Advocate for the purposes of reporting required by this section is a public record as defined
in the West Virginia Freedom of Information Act, as long as it does not reveal trade information that
is protected by state or federal law.
§5-16D-25. State role; authority for participation by all state agencies.
(a) For purpose of implementing this article, the state is represented by the Pharmaceutical
Advocate and he or she has authority to negotiate pharmaceutical prices to be paid by program
participants. These negotiated prices shall be available to all programs.
(b) The Public Employees Insurance Agency, the Children's Health Insurance Program, the
Division of Corrections, the Division of Juvenile Services, the Regional Jail and Correctional
Facility Authority, the Workers' Compensation Fund, state colleges and universities, public hospitals,
state or local institutions such as nursing homes, veterans' homes, the Division of Rehabilitation,
public health departments and the Bureau of Medical Services or other programs which are payors
for prescription drugs shall have the authority to participate in any program developed by the Office
of the Pharmaceutical Advocate, including but not limited to, a uniform preferred drug list.
§5-16D-26. Participation by private individuals, commercial insurance carriers, self-insured
companies and others in negotiated drug pricing program.
(a) The Advocate, for the purposes of administering, reviewing or amending the duties and
responsibilities granted him or her by this article, shall investigate the feasibility of including private
individuals, commercial insurance carriers, self-insured companies and private and not-for-profit
hospitals in a negotiated drug pricing program.
(b) The Advocate has the power to establish programs and procedure necessary to allow
private individuals, commercial insurance carriers, self-insured companies and private and
not-for-profit hospitals to participate in the negotiated drug pricing program. This power includes,
but is not limited to, the power to:
(1) Negotiate and execute contracts or cooperative agreements necessary to permit private individuals, commercial insurance carriers, self-insured companies and private and not-for-profit
hospitals to participate in the negotiated drug pricing program; and
(2) Promulgate legislative rules necessary to facilitate the participation of private individuals,
commercial insurance carriers, self-insured companies and private and not-for-profit hospitals in the
negotiated drug pricing program.
§5-16D-27. Rule Making.
To implement any section of this article the Office of the Pharmaceutical Advocate, in
consultation with the Council, shall propose rules for legislative approval in accordance with chapter
twenty-nine-a of this code. This authority shall include emergency rule-making authority pursuant
to the provisions of section fifteen, article three, chapter twenty-nine-a of this code. These rules shall
include, but are not limited to:
(1) Development of criteria to establish a purchasing consortium. These criteria should
include, but are not limited to, membership eligibility; which shall include state entities that are
payors for prescription drugs and may include private individuals and commercial insurance carriers,
self-funded benefit plans and private and not-for-profit hospitals; consortium operation and
functionality and the manner and procedure for the consortium to either bid or negotiate pricing with
pharmaceutical manufacturers using the federal supply schedule as a benchmark for obtaining lower
priced pharmaceuticals;
(2) The requirements for implementation of the pharmaceutical discount program pursuant
to section twenty of this article including, but not limited to, eligibility determination, program
operation and review, pharmacy and manufacture participation and other elements necessary for the
program to function;
(3) Development of a uniform preferred drug list for use by state entities who are payors for
prescription drugs. These entities include, but are not limited to, the Public Employees Insurance
Agency, the Children's Health Insurance Program, the Division of Corrections, the Division of
Juvenile Services, the Regional Jail and Correctional Facility Authority, the Workers' Compensation
Fund, state colleges and universities, public hospitals, state or local institutions such as nursing
homes, veterans' homes, the Division of Rehabilitation, public health departments and the Bureau of Medical Services, or other programs which are payors for prescription drugs;
(4) The reporting requirements of information by labelers and manufacturers required
pursuant to section twenty-four of this article which shall include all national aggregate expenses
associated with advertising and direct promotion of prescription drugs through radio, television,
magazines, newspapers, direct mail and telephone communications as they pertain to residents of
this state;
(5) Development of virtual wholesale program to allow the state to act as a pharmaceutical
drug wholesaler and ensure that prices obtained by a buying consortium operated by the
Pharmaceutical Advocate would be made available for purchase by local pharmacies;
(6) Procedural requirements of execution of pharmacy benefit management contracts
pursuant to section nine of this article and prescription drug purchasing agreements pursuant to
section seven of this article; and
(7) Other rules considerd necessary by the Pharmaceutical Advocate to carry out the duties
and responsibilities prescribed to the Advocate or the Office of the Pharmaceutical Advocate in this
article.
§5-16D-28. Potential use of savings.
Savings identified by all program participants shall be quantified and certified to the
Pharmaceutical Advocate and included in the annual report of the Pharmaceutical Advocate to the
Governor and the Legislature provided in subsection (e) of section six of this article. Savings, or any
part thereof, created by the implementation of this program may, in the sole discretion of the
Legislature, be directed towards the maintenance of existing state health programs and the expansion
of insurance programs for the uninsured and underinsured.
§5-16D-29. Sunset provision.
The Office of the Pharmaceutical Advocate, the Pharmaceutical Advocate and the
Pharmaceutical Advocate Advisory Council shall continue to exist, pursuant to the provisions of
article ten, chapter four of this code, until the first day of July, two thousand eight, unless sooner
terminated, continued or reestablished pursuant to the provisions of that article.
§5-16D-30. Severability.
If any provision of this article is held to be unconstitutional or void, the remaining provisions
of this article remain valid, unless the court finds the valid provisions are so essentially and
inseparable connected with, and so dependent upon, the unconstitutional or void provisions that the
court cannot presume the Legislature would have enacted the remaining valid provisions without the
unconstitutional or void provision, or unless the court finds the remaining valid provisions, standing
alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
CHAPTER 5F. ORGANIZATION OF THE EXECUTIVE BRANCH
OF STATE GOVERNMENT.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
5F-2-2. Power and authority of secretary of each department.
(a) Notwithstanding any other provision of this code to the contrary, the secretary of each
department shall have plenary power and authority within and for the department to:
(1) Employ and discharge within the office of the secretary such employees as may be
necessary to carry out the functions of the secretary, which employees shall serve at the will and
pleasure of the secretary;
(2) Cause the various agencies and boards to be operated effectively, efficiently and
economically, and develop goals, objectives, policies and plans that are necessary or desirable for
the effective, efficient and economical operation of the department;
(3) Eliminate or consolidate positions, other than positions of administrators or positions of
board members, and name a person to fill more than one position;
(4) Delegate, assign, transfer or combine responsibilities or duties to or among employees,
other than administrators or board members;
(5) Reorganize internal functions or operations;
(6) Formulate comprehensive budgets for consideration by the Governor, and transfer within
the department funds appropriated to the various agencies of the department which are not expended
due to cost savings resulting from the implementation of the provisions of this chapter: Provided,
That no more than twenty-five percent of the funds appropriated to any one agency or board may be
transferred to other agencies or boards within the department: Provided, however, That no funds may be transferred from a special revenue account, dedicated account, capital expenditure account
or any other account or funds specifically exempted by the Legislature from transfer, except that the
use of appropriations from the State Road Fund transferred to the Office of the Secretary of the
Department of Transportation is not a use other than the purpose for which such funds were
dedicated and is permitted: Provided further, That if the Legislature by subsequent enactment
consolidates agencies, boards or functions, the secretary may transfer the funds formerly appropriated
to such agency, board or function in order to implement such consolidation. The authority to transfer
funds under this section shall expire on the thirtieth day of June, one thousand ninety hundred eighty-
nine two thousand six;
(7) Enter into contracts or agreements requiring the expenditure of public funds, and
authorize the expenditure or obligating of public funds as authorized by law: Provided, That the
powers granted to the secretary to enter into contracts or agreements and to make expenditures or
obligations of public funds under this provision shall not exceed or be interpreted as authority to
exceed the powers heretofore granted by the Legislature to the various commissioners, directors or
board members of the various departments, agencies or boards that comprise and are incorporated
into each secretary's department under this chapter;
(8) Acquire by lease or purchase property of whatever kind or character and convey or
dispose of any property of whatever kind or character as authorized by law: Provided, That the
powers granted to the secretary to lease, purchase, convey or dispose of such property shall not
exceed or be interpreted as authority to exceed the powers heretofore granted by the Legislature to
the various commissioners, directors or board members of the various departments, agencies or
boards that comprise and are incorporated into each secretary's department under this chapter;
(9) Conduct internal audits;
(10) Supervise internal management;
(11) Promulgate rules, as defined in section two, article one, chapter twenty-nine-a of this
code, to implement and make effective the powers, authority and duties granted and imposed by the
provisions of this chapter, such promulgation to be in accordance with the provisions of chapter
twenty-nine-a of this code;
(12) Grant or withhold written consent to the proposal of any rule, as defined in section two,
article one, chapter twenty-nine-a of this code, by any administrator, agency or board within the
department, without which written consent no proposal of a rule shall have any force or effect;
(13) Delegate to administrators such duties of the secretary as the secretary may deem
appropriate from time to time to facilitate execution of the powers, authority and duties delegated
to the secretary; and
(14) Take any other action involving or relating to internal management not otherwise
prohibited by law.
(b) The secretaries of the departments hereby created shall engage in a comprehensive review
of the practices, policies and operations of the agencies and boards within their departments to
determine the feasibility of cost reductions and increased efficiency which may be achieved therein,
including, but not limited to, the following:
(1) The elimination, reduction and restrictions in the use of the state's vehicle or other
transportation fleet;
(2) The elimination, reduction and restrictions in the preparation of state government
publications, including annual reports, informational materials and promotional materials;
(3) The termination or rectification of terms contained in lease agreements between the state
and private sector for offices, equipment and services;
(4) The adoption of appropriate systems for accounting, including consideration of an accrual
basis financial accounting and reporting system;
(5) The adoption of revised procurement practices to facilitate cost-effective purchasing
procedures, including consideration of means by which domestic businesses may be assisted to
compete for state government purchases; and
(6) The computerization of the functions of the state agencies and boards.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, none of the
powers granted to the secretaries herein shall be exercised by the secretary if to do so would violate
or be inconsistent with the provisions of any federal law or regulation, any federal-state program or
federally delegated program or jeopardize the approval, existence or funding of any such program and the powers granted to the secretary shall be so construed.
(d) The layoff and recall rights of employees within the classified service of the state as
provided in subsections five and six, section ten, article six, chapter twenty-nine of this code shall
be limited to the organizational unit within the agency or board and within the occupational group
established by the classification and compensation plan for the classified service of the agency or
board in which the employee was employed prior to the agency or board's transfer or incorporation
into the department: Provided, That the employee shall possess the qualifications established for
the job class. The duration of recall rights provided in this subsection shall be limited to two years
or the length of tenure, whichever is less. Except as provided in this subsection, nothing contained
in this section shall be construed to abridge the rights of employees within the classified service of
the state as provided in sections ten and ten-a, article six, chapter twenty-nine of this code, or the
right of classified employees of the Board of Regents to the procedures and protections set forth in
article twenty-six-b, chapter eighteen of this code.
(e) Notwithstanding any provision of this code to the contrary the secretary of each
department with authority over programs which are payors for prescription drugs, including but not
limited to, the Public Employees Insurance Agency, the Children's Health Insurance Program, the
Division of Corrections, the Division of Juvenile Services, the Regional Jail and Correctional
Facility Authority, the Workers' Compensation Fund, state colleges and universities, public
hospitals, state or local institutions such as nursing homes, veteran's homes, the Division of
Rehabilitation, public health departments and the Bureau of Medical Services or other programs
which are payors for prescription drugs, shall cooperate with the Office of the Pharmaceutical
Advocate established pursuant to section four, article sixteen-d, chapter five of this code for the
purpose of purchasing prescription drugs for any program over which they have authority.
CHAPTER 29. MISCELLANEOUS BOARDS AND COMMISSIONS.
ARTICLE 22. STATE LOTTERY ACT.
§29-22-18a. State Excess Lottery Revenue Fund.
(a) There is continued a special revenue fund within the State Lottery Fund in the State
Treasury which is designated and known as the 'State Excess Lottery Revenue Fund.' The Fund consists of all appropriations to the Fund and all interest earned from investment of the Fund and any
gifts, grants or contributions received by the Fund. All revenues received under the provisions of
sections ten-b and ten-c, article twenty-two-a of this chapter and under article twenty-two-b of this
chapter, except the amounts due the Commission under section 29-22B-1408(a)(1) of this chapter,
shall be deposited in the State Treasury and placed into the 'State Excess Lottery Revenue Fund.'
The revenue shall be disbursed in the manner provided in this section for the purposes stated in this
section and shall not be treated by the Auditor and the State Treasurer as part of the general revenue
of the state.
(b) For the fiscal year beginning the first day of July, two thousand two, the Commission
shall deposit: (1) Sixty-five million dollars into the subaccount of the State Excess Lottery Revenue
Fund hereby created in the State Treasury to be known as the 'General Purpose Account' to be
expended pursuant to appropriation of the Legislature; (2) ten million dollars into the Education
Improvement Fund for appropriation by the Legislature to the 'Promise Scholarship Fund' created
in section seven, article seven, chapter eighteen-c of this code; (3) nineteen million dollars into the
Economic Development Project Fund created in subsection (d) of this section for the issuance of
revenue bonds and to be spent in accordance with the provisions of said subsection; (4) twenty
million dollars into the School Building Debt Service Fund created in section six, article nine-d,
chapter eighteen of this code for the issuance of revenue bonds; (5) forty million dollars into the
West Virginia Infrastructure Fund created in section nine, article fifteen-a, chapter thirty-one of this
code, to be spent in accordance with the provisions of said article; (6) ten million dollars into the
Higher Education Improvement Fund for higher education; and (7) five million dollars into the State
Park Improvement Fund for park improvements. For the fiscal year beginning the first day of July,
two thousand three, the Commission shall deposit: (1) Sixty-five million dollars into the General
Purpose Account to be expended pursuant to appropriation of the Legislature; (2) seventeen million
dollars into the Education Improvement Fund for appropriation by the Legislature to the 'Promise
Scholarship Fund' created in section seven, article seven, chapter eighteen-c of this code; (3)
nineteen million dollars into the Economic Development Project Fund created in subsection (d) of
this section for the issuance of revenue bonds and to be spent in accordance with the provisions of said subsection; (4) twenty million dollars into the School Building Debt Service Fund created in
section six, article nine-d, chapter eighteen of this code for the issuance of revenue bonds; (5) forty
million dollars into the West Virginia Infrastructure Fund created in section nine, article fifteen-a,
chapter thirty-one of this code, to be spent in accordance with the provisions of said article; (6) ten
million dollars into the Higher Education Improvement Fund for higher education; and (7) five
million dollars into the State Park Improvement Fund for park improvements.
(c) For the fiscal year beginning the first day of July, two thousand four, and subsequent
fiscal years, the Commission shall deposit: (1) Sixty-five million dollars into the General Purpose
Account to be expended pursuant to appropriation of the Legislature; (2) twenty-seven million
dollars into the Education Improvement Fund for appropriation by the Legislature to the 'Promise
Scholarship Fund' created in section seven, article seven, chapter eighteen-c of this code; (3)
nineteen million dollars into the Economic Development Project Fund created in subsection (d) of
this section for the issuance of revenue bonds and to be spent in accordance with the provisions of
said subsection; (4) nineteen million dollars into the School Building Debt Service Fund created in
section six, article nine-d, chapter eighteen of this code for the issuance of revenue bonds; (5) forty
million dollars into the West Virginia Infrastructure Fund created in section nine, article fifteen-a,
chapter thirty-one of this code to be spent in accordance with the provisions of said article; (6) ten
million dollars into the Higher Education Improvement Fund for higher education; and (7) five
million dollars into the State Park Improvement Fund for park improvements. No portion of the
distributions made as provided in this subsection and subsection (b) of this section, except
distributions made in connection with bonds issued under subsection (d) of this section, may be used
to pay debt service on bonded indebtedness until after the Legislature expressly authorizes issuance
of the bonds and payment of debt service on the bonds through statutory enactment or the adoption
of a concurrent resolution by both houses of the Legislature. Until subsequent legislative enactment
or adoption of a resolution that expressly authorizes issuance of the bonds and payment of debt
service on the bonds with funds distributed under this subsection and subsection (b) of this section,
except distributions made in connection with bonds issued under subsection (d) of this section, the
distributions may be used only to fund capital improvements that are not financed by bonds and only pursuant to appropriation of the Legislature.
(d) The Legislature finds and declares that in order to attract new business, commerce and
industry to this state, to retain existing business and industry providing the citizens of this state with
economic security and to advance the business prosperity of this state and the economic welfare of
the citizens of this state, it is necessary to provide public financial support for constructing,
equipping, improving and maintaining economic development projects, capital improvement projects
and infrastructure which promote economic development in this state.
(1) The West Virginia Economic Development Authority created and provided for in article
fifteen, chapter thirty-one of this code shall, by resolution, in accordance with the provisions of this
article and article fifteen, chapter thirty-one of this code, and upon direction of the Governor, issue
revenue bonds of the Economic Development Authority in no more than two series to pay for all or
a portion of the cost of constructing, equipping, improving or maintaining projects under this section
or to refund the bonds at the discretion of the Authority. Any revenue bonds issued on or after the
first day of July, two thousand two, which are secured by state excess lottery revenue proceeds shall
mature at a time or times not exceeding thirty years from their respective dates. The principal of,
and the interest and redemption premium, if any, on the bonds shall be payable solely from the
special fund provided in this section for the payment.
(2) There is continued in the State Treasury a special revenue fund named the 'Economic
Development Project Fund' into which shall be deposited on and after the first day of July, two
thousand two, the amounts to be deposited in said Fund as specified in subsections (b) and (c) of this
section. The Economic Development Project Fund shall consist of all such moneys, all
appropriations to the Fund, all interest earned from investment of the Fund and any gifts, grants or
contributions received by the Fund. All amounts deposited in the Fund shall be pledged to the
repayment of the principal, interest and redemption premium, if any, on any revenue bonds or
refunding revenue bonds authorized by this section, including any and all commercially customary
and reasonable costs and expenses which may be incurred in connection with the issuance,
refunding, redemption or defeasance thereof. The West Virginia Economic Development Authority
may further provide in the resolution and in the trust agreement for priorities on the revenues paid into the Economic Development Project Fund as may be necessary for the protection of the prior
rights of the holders of bonds issued at different times under the provisions of this section. The
bonds issued pursuant to this subsection shall be separate from all other bonds which may be or have
been issued from time to time under the provisions of this article.
(3) After the West Virginia Economic Development Authority has issued bonds authorized
by this section and after the requirements of all funds have been satisfied, including any coverage
and reserve funds established in connection with the bonds issued pursuant to this subsection, any
balance remaining in the Economic Development Project Fund may be used for the redemption of
any of the outstanding bonds issued under this subsection which, by their terms, are then redeemable
or for the purchase of the outstanding bonds at the market price, but not to exceed the price, if any,
at which redeemable, and all bonds redeemed or purchased shall be immediately canceled and shall
not again be issued.
(4) Bonds issued under this subsection shall state on their face that the bonds do not
constitute a debt of the State of West Virginia; that payment of the bonds, interest and charges
thereon cannot become an obligation of the State of West Virginia; and that the bondholders'
remedies are limited in all respects to the 'special revenue fund' established in this subsection for
the liquidation of the bonds.
(5) The West Virginia Economic Development Authority shall expend the bond proceeds
from the revenue bond issues authorized and directed by this section for such projects as may be
certified under the provision of this subsection: Provided, That the bond proceeds shall be expended
in accordance with the requirements and provisions of article five-a, chapter twenty-one of this code
and either article twenty-two or twenty-two-a, chapter five of this code, as the case may be:
Provided, however, That if such bond proceeds are expended pursuant to article twenty-two-a,
chapter five of this code and if the design-build board created under said article determines that the
execution of a design-build contract in connection with a project is appropriate pursuant to the
criteria set forth in said article and that a competitive bidding process was used in selecting the
design builder and awarding such contract, such determination shall be conclusive for all purposes
and shall be deemed to satisfy all the requirements of said article.
(6) For the purpose of certifying the projects that will receive funds from the bond proceeds,
a committee is hereby established and comprised of the Governor, or his or her designee, the
Secretary of the Department of tax and Revenue, the Executive Director of the West Virginia
Development Office and six persons appointed by the Governor: Provided, That at least one citizen
member must be from each of the state's three congressional districts. The committee shall meet as
often as necessary and make certifications from bond proceeds in accordance with this subsection.
The committee shall meet within thirty days of the effective date of this section.
(7) Applications for grants submitted on or before the first day of July, two thousand two,
shall be considered refiled with the committee. Within ten days from the effective date of this
section as amended in the year two thousand three, the lead applicant shall file with the committee
any amendments to the original application that may be necessary to properly reflect changes in facts
and circumstances since the application was originally filed with the committee.
(8) When determining whether or not to certify a project, the committee shall take into
consideration the following:
(A) The ability of the project to leverage other sources of funding;
(B) Whether funding for the amount requested in the grant application is or reasonably should
be available from commercial sources;
(C) The ability of the project to create or retain jobs, considering the number of jobs, the type
of jobs, whether benefits are or will be paid, the type of benefits involved and the compensation
reasonably anticipated to be paid persons filling new jobs or the compensation currently paid to
persons whose jobs would be retained;
(D) Whether the project will promote economic development in the region and the type of
economic development that will be promoted;
(E) The type of capital investments to be made with bond proceeds and the useful life of the
capital investments; and
(F) Whether the project is in the best interest of the public.
(9) No grant may be awarded to an individual or other private person or entity. Grants may
be awarded only to an agency, instrumentality or political subdivision of this state or to an agency or instrumentality of a political subdivision of this state.
The project of an individual or private person or entity may be certified to receive a low-interest loan
paid from bond proceeds. The terms and conditions of the loan, including, but not limited to, the
rate of interest to be paid and the period of the repayment, shall be determined by the Economic
Development Authority after considering all applicable facts and circumstances.
(10) Prior to making each certification, the committee shall conduct at least one public
hearing, which may be held outside of Kanawha County. Notice of the time, place, date and purpose
of the hearing shall be published in at least one newspaper in each of the three congressional districts
at least fourteen days prior to the date of the public hearing.
(11) The committee may not certify a project unless the committee finds that the project is
in the public interest and the grant will be used for a public purpose. For purposes of this subsection,
projects in the public interest and for a public purpose include, but are not limited to:
(A) Sports arenas, fields parks, stadiums and other sports and sports-related facilities;
(B) Health clinics and other health facilities;
(C) Traditional infrastructure, such as water and wastewater treatment facilities, pumping
facilities and transmission lines;
(D) State-of-the-art telecommunications infrastructure;
(E) Biotechnical incubators, development centers and facilities;
(F) Industrial parks, including construction of roads, sewer, water, lighting and other
facilities;
(G) Improvements at state parks, such as construction, expansion or extensive renovation of
lodges, cabins, conference facilities and restaurants;
(H) Railroad bridges, switches and track extension or spurs on public or private land
necessary to retain existing businesses or attract new businesses;
(I) Recreational facilities, such as amphitheaters, walking and hiking trails, bike trails, picnic
facilities, restrooms, boat docking and fishing piers, basketball and tennis courts, and baseball,
football and soccer fields;
(J) State-owned buildings that are registered on the national register of historic places;
(K) Retail facilities, including related service, parking and transportation facilities,
appropriate lighting, landscaping and security systems to revitalize decaying downtown areas; and
(L) Other facilities that promote or enhance economic development, educational
opportunities or tourism opportunities thereby promoting the general welfare of this state and its
residents.
(12) Prior to the issuance of bonds under this subsection, the committee shall certify to the
Economic Development Authority a list of those certified projects that will receive funds from the
proceeds of the bonds. Once certified, the list may not thereafter be altered or amended other than
by legislative enactment.
(13) If any proceeds from sale of bonds remain after paying costs and making grants and
loans as provided in this subsection, the surplus may be deposited in an account created in the State
Treasury to be known as the 'Economic Development Project Bridge Loan Fund' to be administered
by the Economic Development Authority created in article fifteen, chapter thirty-one of this code.
Expenditures from the Fund 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 five-a
of this code. Loan repayment amounts, including the portion attributable to interest shall be paid into
the Fund created in this subdivision.
(e) If the Commission receives revenues in an amount that is not sufficient to fully comply
with the requirements of subsections (b), (c) and (h) of this section, the Commission shall first make
the distribution to the Economic Development Project Fund; second, make the distribution or
distributions to the other funds from which debt service is to be paid; third, make the distribution to
the Education Improvement Fund for appropriation by the Legislature to the Promise Scholarship
Fund; and fourth, make the distribution to the General Purpose Account: Provided, That, subject
to the provisions of this subsection, to the extent such revenues are not pledged in support of revenue
bonds which are or may be issued from time to time under this section, the revenues shall be
distributed on a pro rata basis.
(f) For the fiscal year beginning on the first day of July, two thousand two, and each fiscal year thereafter, the Commission shall, after meeting the requirements of subsections (b), (c) and (h)
of this section and after transferring to the State Lottery Fund created under section eighteen of this
article an amount equal to any transfer from the State Lottery Fund to the Excess Lottery Fund
pursuant to subsection (f), section eighteen of this article, deposit fifty percent of the amount by
which annual gross revenue deposited in the State Excess Lottery Revenue Fund exceeds two
hundred twenty-five million dollars in a fiscal year in a separate account in the State Lottery Fund
to be available for appropriation by the Legislature.
(g) When bonds are issued for projects under subsection (d) of this section or for the School
Building Authority, infrastructure, higher education or park improvement purposes described in this
section that are secured by profits from lotteries deposited in the State Excess Lottery Revenue Fund,
the Lottery Director shall allocate first to the Economic Development Project Fund an amount equal
to one tenth of the projected annual principal, interest and coverage requirements on any and all
revenue bonds issued, or to be issued, on or after the first day of July, two thousand two, as certified
to the Lottery Director; and second, to the fund or funds from which debt service is paid on bonds
issued under this section for the School Building Authority, infrastructure, higher education and park
improvements an amount equal to one tenth of the projected annual principal, interest and coverage
requirements on any and all revenue bonds issued, or to be issued, on or after the first day of April,
two thousand two, as certified to the Lottery Director. In the event there are insufficient funds
available in any month to transfer the amounts required pursuant to this subsection, the deficiency
shall be added to the amount transferred in the next succeeding month in which revenues are
available to transfer the deficiency.
(h) In fiscal year two thousand four and thereafter, prior to the distributions provided in
subsection (c) of this section, the Lottery Commission shall deposit into the General Revenue Fund
amounts necessary to provide reimbursement for the refundable credit allowable under section
twenty-one, article twenty-one, chapter eleven of this code.
(i) (1) The Legislature considers the following as priorities in the expenditure of any surplus
revenue funds:
(A) Providing salary and/or increment increases for professional educators and public employees;
(B) Providing adequate funding for the Public Employees Insurance Agency; and
(C) Providing funding to help address the shortage of qualified teachers and substitutes in
areas of need, both in number of teachers and in subject matter areas.
(2) The provisions of this subsection may not be construed by any court to require any
appropriation or any specific appropriation or level of funding for the purposes set forth in this
subsection.
(j) The Legislature further directs the governor to focus resources on the creation of a
prescription drug program for senior citizens by pursuing a medicaid waiver to offer prescription
drug services to senior citizens; by investigating the establishment of purchasing agreements with
other entities to reduce costs; by providing discount prices or rebate programs for seniors; by
coordinating programs offered by pharmaceutical manufacturers that provide reduced cost or free
drugs; by coordinating a collaborative effort among all state agencies to ensure the most efficient and
cost effective program possible for the senior citizens of this state; and by working closely with the
state's congressional delegation to ensure that a national program is implemented. The Legislature
further directs that the governor report his progress back to the joint committee on government and
finance on an annual basis beginning in November of the year two thousand one until a
comprehensive program has been fully implemented."
During consideration of the amendment, Speaker Pro Tempore Pino presided temporarily.
The Speaker addressed the provisions of the amendment from his desk on the Floor, and at
the conclusion of the debate, assumed the Chair.
On the adoption of the amendment, Delegate Trump demanded the yeas and nays, which
demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 234), and there were--yeas
32, nays 65, absent and not voting 3, with the yeas and absent and not voting being as follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke,
Ellem, Evans, Frich, Hall, Howard, Lane, Leggett, Overington, Porter, Roberts, Romine, Rowan,
Schadler, Schoen, Sobonya, Stevens, Sumner, Susman, Tansill, Trump, Wakim, Walters and White, Gil.
Absent And Not Voting: Beach, Fragale and Tucker.
So, a majority of the members present and voting not having voted in the affirmative, the
amendment was not adopted.
Having been engrossed, the bill was then read a third time.
Delegates Border
, Campbell, Long
and Perdue and requested to be excused from voting on
the passage of Com. Sub. for H. B. 2852 under the provisions of House Rule 49.
The Speaker refused to excuse the Gentlemen from voting, stating that they were members
of a class of persons possibly to be affected by the passage of the bill and that they demonstrated no
direct personal or pecuniary interest therein.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 235),
and there were--yeas 85, nays 12, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Armstead, Blair, Border, Carmichael, Hall, Lane, Overington, Schoen, Sumner,
Trump, Wakim and Walters.
Absent And Not Voting: Beach, Fragale and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2852) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 236), and there were--yeas 93, nays
4, absent and not voting 3, with the nays and absent and not voting being as follows:
Nays: Armstead, Blair, Carmichael and Walters.
Absent And Not Voting: Beach, Fragale and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2852) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2890, Relating to unlawful methods of hunting and fishing;
on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 237),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Beach, Fragale and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2890) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2990, Permitting the Director of the Natural Resources to set the time and date of the
meeting for the convenience of the Public: on third reading, coming up in regular order, was read
a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 238),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Beach, Fragale and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2990) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2992, Adding operations of clandestine drug labs to the crime of
wanton endangerment involving destructive devices: on third reading, coming up in regular order,
was read a third time.
The question being on the passage of the bill, the yeas and nays were taken(Roll No. 239),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Fragale and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2992) passed.
On motion of Delegate Amores, the title of the bill was amended to read as follows:
Com. Sub. for H.B.2992 - "A Bill to amend and reenact §61-3E-10 of the Code of West
Virginia, 1931, as amended, relating to adding operation of an illegal drug laboratory to the crime
of wanton endangerment involving a destructive device, an explosive material, or an incendiary
device."
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 3012, Exempting property acquired by lease purchase agreement by the
state, a county, district, city, village, town or other political subdivision, state college or university,
from property tax; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 240),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Beach, Fragale and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 3012) passed.
Delegate Staton moved that the bill take effect from its passage.
On this question, the yeas and nays were taken (Roll No. 241), and there were--yeas 97, nays
none, absent and not voting 3, with the absent and not voting being as follows:
Absent And Not Voting: Beach, Fragale and Tucker.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 3012) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 3016, Excepting the making of appointments by secretaries of licensed real estate
brokers and salespersons with buyers and sellers of real estate from the scope of practice of real
estate brokerage subject to licensing; on third reading, coming up in regular order, was read a third
time.
Delegates Azinger, Campbell, Canterbury, Doyle, Mahan, Schoen, Sobonya, Stevens, G.
White and Wysong requested to be excused from voting on the passage of under the provisions of
House Rule 49.
The Speaker refused to excuse the Members from voting, stating that they were members of
a class of persons possibly to be affected by the passage of the bill and that demonstrated no direct
personal or pecuniary interest therein.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 242),
and there were--yeas 96, nays 1, absent and not voting 3, with the nays and absent and not voting
being as follows:
Nays: Porter.
Absent And Not Voting: Beach, Fragale and Tucker.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 3016) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At 1:35 p.m., on motion of Delegate Staton, the House of Delegates recessed until 5:00 p.m.,
and reconvened at that time.
*************
Evening Session
**************
Special Calendar
Second Reading
The following bills, on second reading, coming up in regular order, were read a second time
and ordered to engrossment and third reading:
Com. Sub. for H. B. 2381, Authorizing patients or residents of certain health care facilities
or homes to designate nonrelatives to receive the same visitation privileges as immediate family
members,
Com. Sub. for H. B. 2889, Transferring authority to propose rules relating to water quality
standards from the Environmental Quality Board to the Department of Environmental Protection,
And,
Com. Sub. for H. B. 2929, Relating to the administration of anesthesia by dentists.
Com. Sub. for H. B. 2966 , Creating a statewide thoroughbred breeders program; on second
reading, coming up in regular order, was read a second time.
On motion of Delegate Amores, the bill was amended on page fifty-three, section ten, line
one, by striking out the remainder of the bill and inserting in lieu thereof the following:
"(a) The commission shall provide to manufacturers, or applicants applying for a
manufacturer's permit, the protocol documentation data necessary to enable the respective
manufacturer's video lottery terminals to communicate with the commission's central computer for
transmitting auditing program information and for activation and disabling of video lottery terminals.
(b) The gross terminal income of a licensed racetrack shall be remitted to the commission
through the electronic transfer of funds. Licensed racetracks shall furnish to the commission all
information and bank authorizations required to facilitate the timely transfer of moneys to the
commission. Licensed racetracks must provide the commission thirty days' advance notice of any
proposed account changes in order to assure the uninterrupted electronic transfer of funds. From the
gross terminal income remitted by the licensee to the commission, the commission shall deduct an
amount sufficient to reimburse the commission for its actual costs and expenses incurred in
administering racetrack video lottery at the licensed racetrack, and the resulting amount after the
deduction is the net terminal income. The amount deducted for administrative costs and expenses
of the commission may not exceed four percent of gross terminal income: Provided, That any amounts deducted by the commission for its actual costs and expenses that exceeds its actual costs
and expenses shall be deposited into the state lottery fund. For all fiscal years beginning on or after
the first day of July, two thousand one, the commission shall not receive an amount of gross terminal
income in excess of the amount of gross terminal income received during the fiscal year ending on
the thirtieth day of June, two thousand one, but four percent of any amount of gross terminal income
received in excess of the amount of gross terminal income received during the fiscal year ending on
the thirtieth day of June, two thousand one, shall be deposited into the fund established in section
eighteen-a, article twenty-two of this chapter.
(c) Net terminal income shall be divided as set out in this subsection. For all fiscal years
beginning on or after the first day of July, two thousand one, any amount of net terminal income
received in excess of the amount of net terminal income received during the fiscal year ending on
the thirtieth day of June, two thousand one, shall be divided as set out in section ten-b of this article.
The licensed racetrack's share is in lieu of all lottery agent commissions and is considered to cover
all costs and expenses required to be expended by the licensed racetrack in connection with video
lottery operations. The division shall be made as follows:
(1) The commission shall receive thirty percent of net terminal income, which shall be paid
into the state lottery fund as provided in section ten-a of this article;
(2) Until the first day of July, two thousand five, fourteen percent of net terminal income at
a licensed racetrack shall be deposited in the special fund established by the licensee, and used for
payment of regular purses in addition to other amounts provided for in article twenty-three, chapter
nineteen of this code, on and after the first day of July, two thousand five, the rate shall be seven
percent of net terminal income;
(3) The county where the video lottery terminals are located shall receive two percent of the
net terminal income: Provided, That:
(A) Beginning the first day of July, one thousand nine hundred ninety-nine, and thereafter,
any amount in excess of the two percent received during the fiscal year one thousand nine hundred
ninety-nine by a county in which a racetrack is located that has participated in the West Virginia
thoroughbred development fund since on or before the first day of January, one thousand nine hundred ninety-nine shall be divided as follows:
(i) The county shall receive fifty percent of the excess amount; and
(ii) The municipalities of the county shall receive fifty percent of the excess amount, said fifty
percent to be divided among the municipalities on a per capita basis as determined by the most recent
decennial United States census of population; and
(B) Beginning the first day of July, one thousand nine hundred ninety-nine, and thereafter,
any amount in excess of the two percent received during the fiscal year one thousand nine hundred
ninety-nine by a county in which a racetrack other than a racetrack described in paragraph (A) of this
proviso is located and where the racetrack has been located in a municipality within the county since
on or before the first day of January, one thousand nine hundred ninety-nine shall be divided, if
applicable, as follows:
(i) The county shall receive fifty percent of the excess amount; and
(ii) The municipality shall receive fifty percent of the excess amount; and
(C) This proviso shall not affect the amount to be received under this subdivision by any
other county other that a county described in paragraph (A) or (B) of this proviso;
(4) One half of one percent of net terminal income shall be paid for and on behalf of all
employees of the licensed racing association by making a deposit into a special fund to be
established by the racing commission to be used for payment into the pension plan for all employees
of the licensed racing association;
(5) The West Virginia thoroughbred development fund created under section thirteen-b,
article twenty-three, chapter nineteen of this code and the West Virginia greyhound breeding
development fund created under section ten of said article shall receive an equal share of a total of
not less than one and one-half percent of the net terminal income;Provided, That for any racetrack
which does not have a breeder's program supported by the thoroughbred development fund or the
greyhound breeding development fund, the one and one-half percent provided for in this subdivision
shall be deposited in the special fund established by the licensee and used for payment of regular
purses, in addition to other amounts provided in subdivision (2) of this subsection and article twenty-
three, chapter nineteen of this code.
(6) The West Virginia racing commission shall receive one percent of the net terminal
income which shall be deposited and used as provided in section thirteen-c, article twenty-three,
chapter nineteen of this code.
(7) A licensee shall receive forty-seven percent of net terminal income.
(8) (A) The tourism promotion fund established in section twelve, article two, chapter five-b
of this code shall receive three percent of the net terminal income: Provided, That for the fiscal year
beginning the first day of July, two thousand three, the tourism commission shall transfer from the
tourism promotion fund five million dollars of the three percent of the net terminal income described
in this section and section ten-b of this article into the fund administered by the West Virginia
economic development authority pursuant to section seven, article fifteen, chapter thirty-one of this
code, five million dollars into the capitol renovation and improvement fund administered by the
department of administration pursuant to section six, article four, chapter five-a of this code and five
million dollars into the tax reduction and federal funding increased compliance fund; and
(B) Notwithstanding any provision of paragraph (A) of this subdivision to the contrary, for
each fiscal year beginning after the thirtieth day of June, two thousand four, this three percent of net
terminal income and the three percent of net terminal income described in paragraph (B), subdivision
(8), subsection (a), section ten-b of this article shall be distributed as provided in this paragraph as
follows:
(i) 1.375 percent of the total amount of net terminal income described in this section and in
section ten-b of this article shall be deposited into the tourism promotion fund created under section
twelve, article two, chapter five-b of this code;
(ii) 0.375 percent of the total amount of net terminal income described in this section and in
section ten-b of this article shall be deposited into the development office promotion fund created
under section three-b, article two, chapter five-b of this code;
(iii) 0.5 percent of the total amount of net terminal income described in this section and in
section ten-b of this article shall be deposited into the research challenge fund created under section
ten, article one-b, chapter eighteen-b of this code;
(iv) 0.6875 percent of the total amount of net terminal income described in this section and in section ten-b of this article shall be deposited into the capitol renovation and improvement fund
administered by the department of administration pursuant to section six, article four, chapter five-a
of this code; and
(v) 0.0625 percent of the total amount of net terminal income described in this section and
in section ten-b of this article shall be deposited into the 2004 capitol complex parking garage fund
administered by the department of administration pursuant to section five-a, article four, chapter
five-a of this code;
(9) (A) On and after the first day of July, two thousand five, seven percent of net terminal
income shall be deposited into the workers' compensation debt reduction fund created in section
five, article two-d, chapter twenty-three of this code: Provided, That in any fiscal year when the
amount of money generated by this subdivision totals eleven million dollars, all subsequent
distributions under this subdivision shall be deposited in the special fund established by the licensee
and used for the payment of regular purses in addition to the other amounts provided for in article
twenty-three, chapter nineteen of this code;
(B) The deposit of the seven percent of net terminal income into the worker's compensation
debt reduction fund pursuant to subdivision shall expire and not be imposed with respect to these
funds and shall be deposited in the special fund established by the licensee and used for payment of
regular purses in addition to the other amounts provided for in article twenty-three, chapter nineteen
of this code, on and after the first day of the month following the month in which the governor
certifies to the legislature that: (i) The revenue bonds issued pursuant to article two-d, chapter
twenty-three of this code, have been retired or payment of the debt service provided for, and (ii) that
an independent certified actuary has determined that the unfunded liability of the old fund, as defined
in chapter twenty-three of this code, has been paid or provided for in its entirety; and
(10) The remaining one percent of net terminal income shall be deposited as follows:
(A) For the fiscal year beginning the first day of July, two thousand three, the veterans
memorial program shall receive one percent of the net terminal income until sufficient moneys have
been received to complete the veterans memorial on the grounds of the state capitol complex in
Charleston, West Virginia. The moneys shall be deposited in the state treasury in the division of culture and history special fund created under section three, article one-i, chapter twenty-nine of this
code: Provided, That only after sufficient moneys have been deposited in the fund to complete the
veterans memorial and to pay in full the annual bonded indebtedness on the veterans memorial, not
more than twenty thousand dollars of the one percent of net terminal income provided for in this
subdivision shall be deposited into a special revenue fund in the state treasury, to be known as the
'John F. "Jack" Bennett Fund'. The moneys in this fund shall be expended by the division of
veterans affairs to provide for the placement of markers for the graves of veterans in perpetual
cemeteries in this state. The division of veterans affairs shall promulgate legislative rules pursuant
to the provisions of article three, chapter twenty-nine-a of this code specifying the manner in which
the funds are spent, determine the ability of the surviving spouse to pay for the placement of the
marker and setting forth the standards to be used to determine the priority in which the veterans
grave markers will be placed in the event that there are not sufficient funds to complete the
placement of veterans grave markers in any one year, or at all. Upon payment in full of the bonded
indebtedness on the veterans memorial, one hundred thousand dollars of the one percent of net
terminal income provided for in this subdivision shall be deposited in the special fund in the division
of culture and history created under section three, article one-i, chapter twenty-nine of this code and
be expended by the division of culture and history to establish a West Virginia veterans memorial
archives within the cultural center to serve as a repository for the documents and records pertaining
to the veterans memorial, to restore and maintain the monuments and memorial on the capitol
grounds: Provided, however, That five hundred thousand dollars of the one percent of net terminal
income shall be deposited in the state treasury in a special fund of the department of administration,
created under section five, article four, chapter five-a of this code, to be used for construction and
maintenance of a parking garage on the state capitol complex; and the remainder of the one percent
of net terminal income shall be deposited in equal amounts in the capitol dome and improvements
fund created under section two, article four, chapter five-a of this code and cultural facilities and
capitol resources matching grant program fund created under section three, article one of this
chapter.
(B) For each fiscal year beginning after the thirtieth day of June, two thousand four:
(i) Five hundred thousand dollars of the one percent of net terminal income shall be deposited
in the state treasury in a special fund of the department of administration, created under section five,
article four, chapter five-a of this code, to be used for construction and maintenance of a parking
garage on the state capitol complex; and
(ii) The remainder of the one percent of net terminal income and all of the one percent of net
terminal income described in paragraph (B), subdivision (9), subsection (a), section ten-b of this
article twenty-two-a shall be distributed as follows: The net terminal income shall be deposited in
equal amounts into the capitol dome and capitol improvements fund created under section two,
article four, chapter five-a of this code and the cultural facilities and capitol resources matching grant
program fund created under section three, article one, chapter twenty-nine of this code until a total
of one million five hundred thousand dollars is deposited into the cultural facilities and capitol
resources matching grant program fund; thereafter, the remainder shall be deposited into the capitol
dome and capitol improvements fund.
(d) Each licensed racetrack shall maintain in its account an amount equal to or greater than
the gross terminal income from its operation of video lottery machines, to be electronically
transferred by the commission on dates established by the commission. Upon a licensed racetrack's
failure to maintain this balance, the commission may disable all of a licensed racetrack's video lottery
terminals until full payment of all amounts due is made. Interest shall accrue on any unpaid balance
at a rate consistent with the amount charged for state income tax delinquency under chapter eleven
of this code. The interest shall begin to accrue on the date payment is due to the commission.
(e) The commission's central control computer shall keep accurate records of all income
generated by each video lottery terminal. The commission shall prepare and mail to the licensed
racetrack a statement reflecting the gross terminal income generated by the licensee's video lottery
terminals. Each licensed racetrack shall report to the commission any discrepancies between the
commission's statement and each terminal's mechanical and electronic meter readings. The licensed
racetrack is solely responsible for resolving income discrepancies between actual money collected
and the amount shown on the accounting meters or on the commission's billing statement.
(f) Until an accounting discrepancy is resolved in favor of the licensed racetrack, the commission may make no credit adjustments. For any video lottery terminal reflecting a
discrepancy, the licensed racetrack shall submit to the commission the maintenance log which
includes current mechanical meter readings and the audit ticket which contains electronic meter
readings generated by the terminal's software. If the meter readings and the commission's records
cannot be reconciled, final disposition of the matter shall be determined by the commission. Any
accounting discrepancies which cannot be otherwise resolved shall be resolved in favor of the
commission.
(g) Licensed racetracks shall remit payment by mail if the electronic transfer of funds is not
operational or the commission notifies licensed racetracks that remittance by this method is required.
The licensed racetracks shall report an amount equal to the total amount of cash inserted into each
video lottery terminal operated by a licensee, minus the total value of game credits which are cleared
from the video lottery terminal in exchange for winning redemption tickets, and remit the amount
as generated from its terminals during the reporting period. The remittance shall be sealed in a
properly addressed and stamped envelope and deposited in the United States mail no later than noon
on the day when the payment would otherwise be completed through electronic funds transfer.
(h) Licensed racetracks may, upon request, receive additional reports of play transactions for
their respective video lottery terminals and other marketing information not considered confidential
by the commission. The commission may charge a reasonable fee for the cost of producing and
mailing any report other than the billing statements.
(i) The commission has the right to examine all accounts, bank accounts, financial statements
and records in a licensed racetrack's possession, under its control or in which it has an interest and
the licensed racetrack shall authorize all third parties in possession or in control of the accounts or
records to allow examination of any of those accounts or records by the commission.
§29-22A-10b. Distribution of excess net terminal income.
(a) For all years beginning on or after the first day of July, two thousand one, any amount of
net terminal income generated annually by a licensed racetrack in excess of the sum of the amount
of net terminal income generated by that licensed racetrack during the fiscal year ending on the
thirtieth day of June, two thousand one, plus, an amount equal to the amount transferred into the workers' compensation debt reduction fund pursuant to section ten of this article, shall be divided
as follows:
(1) The commission shall receive forty-one percent of net terminal income, which the
commission shall deposit in the state excess lottery revenue fund created in section eighteen-a, article
twenty-two of this chapter;
(2) Until the first day of July, two thousand five, eight percent of net terminal income at a
licensed racetrack shall be deposited in the special fund established by the licensee and used for
payment of regular purses in addition to other amounts provided for in article twenty-three, chapter
nineteen of this code; on and after the first day of July, two thousand five, the rate shall be four
percent of net terminal income;
(3) The county where the video lottery terminals are located shall receive two percent of the
net terminal income: Provided, That:
(A) Any amount by which the total amount under this section and subdivision (3), subsection
(c), section ten of this article is in excess of the two percent received during fiscal year one thousand
nine hundred ninety-nine by a county in which a racetrack is located that has participated in the West
Virginia thoroughbred development fund since on or before the first day of January, one thousand
nine hundred ninety-nine, shall be divided as follows:
(i) The county shall receive fifty percent of the excess amount; and
(ii) The municipalities of the county shall receive fifty percent of the excess amount, the fifty
percent to be divided among the municipalities on a per capita basis as determined by the most recent
decennial United States census of population; and
(B) Any amount by which the total amount under this section and subdivision (3), subsection
(c), section ten of this article is in excess of the two percent received during fiscal year one thousand
nine hundred ninety-nine by a county in which a racetrack other than a racetrack described in
paragraph (A) of this proviso is located and where the racetrack has been located in a municipality
within the county since on or before the first day of January, one thousand nine hundred ninety-nine,
shall be divided, if applicable, as follows:
(i) The county shall receive fifty percent of the excess amount; and
(ii) The municipality shall receive fifty percent of the excess amount; and
(C) This proviso shall not affect the amount to be received under this subdivision by any
county other than a county described in paragraph (A) or (B) of this proviso;
(4) One half of one percent of net terminal income shall be paid for and on behalf of all
employees of the licensed racing association by making a deposit into a special fund to be
established by the racing commission to be used for payment into the pension plan for all employees
of the licensed racing association;
(5) The West Virginia thoroughbred development fund created under section thirteen-b,
article twenty-three, chapter nineteen of this code and the West Virginia greyhound breeding
development fund created under section ten, article twenty-three, chapter nineteen of this code shall
receive an equal share of a total of not less than one and one-half percent of the net terminal income:
Provided, That for any racetrack which does not have a breeder's program supported by the
thoroughbred development fund or the greyhound breeding development fund, the one and one-half
percent provided for in this subdivision shall be deposited in the special fund established by the
licensee and used for payment of regular purses, in addition to other amounts provided for in
subdivision (2) of this subsection and article twenty-three, chapter nineteen of this code;
(6) The West Virginia racing commission shall receive one percent of the net terminal
income which shall be deposited and used as provided in section thirteen-c, article twenty-three,
chapter nineteen of this code;
(7) A licensee shall receive forty-two percent of net terminal income;
(8) The tourism promotion fund established in section twelve, article two, chapter five-b of
this code shall receive three percent of the net terminal income: Provided, That for each fiscal year
beginning after the thirtieth day of June, two thousand four, this three percent of net terminal income
shall be distributed pursuant to the provisions of paragraph (B), subdivision (8), subsection (c),
section ten of this article;
(9) (A) On and after the first day of July, two thousand five, four percent of net terminal
income shall be deposited into the workers' compensation debt reduction fund created in section
five, article two-d, chapter twenty-three of this code: Provided, That in any fiscal year when the amount of money generated by this subdivision together with the total allocation transferred by the
operation of subdivision (9), subsection (c), section ten of this article totals eleven million dollars,
all subsequent distributions under this subdivision (9) shall be deposited in the special fund
established by the licensee, and used for payment of regular purses in addition to other amounts
provided for in article twenty-three, chapter nineteen of this code;
(B) The deposit of the four percent of net terminal income into the worker's compensation
debt reduction fund pursuant to this subdivision shall expire and not be imposed with respect to these
funds and shall be deposited in the special fund established by the licensee and used for payment of
regular purses in addition to the other amounts provided for in article twenty-three, chapter nineteen
of this code, on and after the first day of the month following the month in which the governor
certifies to the legislature that: (i) The revenue bonds issued pursuant to article two-d, chapter
twenty-three of this code, have been retired or payment of the debt service is provided for, and (ii)
that an independent certified actuary has determined that the unfunded liability of the old fund, as
defined in chapter twenty-three of this code, has been paid or provided for in its entirety; and
(10) (A) One percent of the net terminal income shall be deposited in equal amounts in the
capitol dome and improvements fund created under section two, article four, chapter five-a of this
code and cultural facilities and capitol resources matching grant program fund created under section
three, article one of this chapter; and
(B) Notwithstanding any provision of paragraph (A) of this subdivision to the contrary, for
each fiscal year beginning after the thirtieth day of June, two thousand four, this one percent of net
terminal income shall be distributed pursuant to the provisions of subparagraph (ii), paragraph (B),
subdivision (9), subsection (c), section ten of this article.
(b) The commission may establish orderly and effective procedures for the collection and
distribution of funds under this section in accordance with the provisions of this section and section
ten of this article."
The bill was then ordered to engrossment and third reading.
Com. Sub. for H. B. 3033, Extending the temporary special reclamation tax for an additional
twenty-four months; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
First Reading
The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:
Com. Sub. for H. B. 2111, Authorizing paramedics to practice in hospital emergency rooms,
Com. Sub. for H. B. 2266, Imposing a one hundred dollar per year fee for licenses allowing
wine sampling events by wine retailers,
Com. Sub. for H. B. 2296, Increasing service of process fees and providing that the fees
collected be deposited in the West Virginia deputy sheriff retirement fund,
Com. Sub. for H. B. 2669,Authorizing miscellaneous boards and agencies to promulgate
legislative rules,
Com. Sub. for H. B. 2723, Authorizing the Department of Environmental Protection to
promulgate legislative rules,
Com. Sub. for H. B. 2801, Relating to removing the delay in school aid formula funding for
increased student enrollment,
Com. Sub. for H. B. 2825 , Continuing the tax credit provided under article three-t, chapter
eleven of this code for physicians who practice Obstetrics and Gynecology ,
H. B. 2963, Clarifying the allowance of excess levy elections at primary elections and to
remove language which conflicts with article ten, section eleven of the West Virginia Constitution,
Com. Sub. for H. B. 2980, Providing for the certification of special inspectors and to permit
the acceptance of inspections provided by special inspectors in lieu of inspections by the Division
of Labor,
Com. Sub. for H. B. 2995, Including a checkoff option on the state personal tax return to
donate some or all of any tax refund to the "James 'Tiger' Morton Catastrophic Illness Check-off
Program",
Com. Sub. for H. B. 3040, Providing maximum time limits for one-way bus transportation
for any new bus route created to transport students in the wake of the closure or consolidation of an
existing school facility,
Com. Sub. for H. B. 3049 , Creating a new crime of wanton endangerment involving the use
of fire and imposing a criminal penalty for such crime,
Com. Sub. for H. B. 3107 , Diabetes Care Plan Act established in the public schools,
Com. Sub. for H. B. 3138, Relating to requiring health insurance plans to cover the cost of
contraceptives,
And,
H. B. 3160, Authorizing the Consolidated Public Retirement Board to charge delinquency
fees approximating lost interest or earnings.
Messages From The Senate
A message from the Senate, by
The Clerk of the Senate, announced concurrence by the Senate in the amendment of the
House of Delegates to the amendment of the Senate, and the passage, as amended, of
H. B. 2129, Creating misdemeanor offense of motion picture piracy.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 2764, Relating to allowing the Board of Medicine to issue a license to physicians who
have been subject to license revocation
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, to take
effect from passage, a bill of the House of Delegates as follows:
H. B. 3347, Extending the time for the Pocahontas County Commission to meet as a levying
body.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 29 -
"A Bill to amend and reenact §20-7-4 of the Code of West Virginia,
1931, as amended, relating to law-enforcement powers and duties of conservation officers; procuring and executing arrest and search warrants on certain lands and waters; empowering conservation
officers to stop and board vessels to conduct safety checks to ensure vessels are properly equipped
and licensed; and making technical corrections"; to the Committee on Agriculture and Natural
Resources then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 194 -
"A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §11-15-4c; to amend and reenact §11-22-2 of said code;
and to amend and reenact §31-18D-5, §31-18D-6, §31-18D-7 and §31-18D-9 of said code, all
relating to the West Virginia Affordable Housing Trust Fund generally; imposing a fee of twenty
dollars on the transfer of real property in addition to the excise tax imposed on real property
transfers; imposing a fee of twenty dollars in addition to the consumers sales tax on sales of mobile
homes; dedicating the revenues from the additional fees to the West Virginia Affordable Housing
Trust Fund; authorizing expenditures for administrative and operating expenses; changing the
composition of the Board of Directors of the West Virginia Affordable Housing Trust Fund by
reducing the number of members appointed representing nonprofit organizations; adding additional
members representing real estate and manufactured housing groups; reducing the number of votes
necessary for Board action; providing that the West Virginia Housing Development Fund shall
establish best practices for recipients of trust fund moneys; permitting trust fund moneys to be used
for initial operational expenses of local governmental programs to reduce substandard housing or
inappropriate land use patterns; and eliminating certain restrictions on application procedures for
trust fund moneys"; to the Committee on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 357 - "A Bill to amend and reenact article 7, chapter 64 of the Code of
West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee; authorizing certain of the
agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain
of the agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing Alcohol Beverage Control Commissioner to promulgate a legislative rule
relating to retail liquor operations; authorizing Alcohol Beverage Control Commissioner to
promulgate a legislative rule relating to private club licensing; authorizing Alcohol Beverage Control
Commissioner to promulgate a legislative rule relating to bailment policies and procedures;
authorizing Insurance Commission to promulgate a legislative rule relating to examiners and
examinations; authorizing Insurance Commissioner to promulgate a legislative rule relatingto surplus
lines insurance; authorizing Insurance Commissioner to promulgate a legislative rule relating to
cancellation and nonrenewal of automobile liability policies; authorizing Insurance Commissioner
to promulgate a legislative rule relating to continuing education for individual insurance producers;
authorizing Insurance Commissioner to promulgate a legislative rule relating to valuation of life
insurance policies; authorizing Insurance Commissioner to promulgate a legislative rule relating to
recognition of 2001 CSO Mortality Table for use in determining minimum reserve liabilities and
nonforfeiture benefits; authorizing Insurance Commissioner to promulgate a legislative rule relating
to insurance fraud prevention; authorizing Insurance Commissioner to promulgate a legislative rule
relating to small employer eligibility requirements; authorizing Racing Commission to promulgate
legislative rule relating to thoroughbred racing; authorizing Tax Department to promulgate a
legislative rule relating to consumers sales and service tax and use tax - executive orders and certain
declarations and exemptions; authorizing Tax Department to promulgate a legislative rule relating
to valuation of active and reserve coal for ad valorem property tax purposes; and authorizing Tax Department to promulgate a legislative rule relating to valuation of producing and reserve oil and
gas for ad valorem property tax purposes"; to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 386 - "A Bill to amend and reenact article 6, chapter 64 of the Code of
West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules
by the various executive or administrative agencies and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee; authorizing certain of the
agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain
of the agencies to promulgate certain legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing Division of Corrections to promulgate a legislative rule relating to parole
supervision authorizing; authorizing State Fire Marshal to promulgate a legislative rule relating to
fees for licenses, permits, inspections, plans review and other services rendered; authorizing State
Police to promulgate a legislative rule relating to State Police professional standards investigations,
employee rights, early identification system, psychological assessment and progressive discipline;
authorizing State Police to promulgate a legislative rule relating to the career progression system;
authorizing State Police to promulgate a legislative rule relating to carrying of handguns by retired
or medically discharged members; and authorizing Division of Veterans' Affairs to promulgate a
legislative rule relating to Veterans' Affairs' headstones or markers"; to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage of
Com Sub. for S. B. 399 -"
A Bill to amend and reenact §16-30-2, §16-30-3, §16-30-5 and
§16-30-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §16-30-26, all relating to end-of-life care; and the ability of a
physician, in specified circumstances, to refuse to provide medical treatment if, to a reasonable
degree of medical certainty, the treatment would be medically ineffective"; to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 439 - "
A Bill to amend and reenact §22C-4-23 of the Code of West
Virginia, 1931, as amended; to amend and reenact §24A-2-5 of said code; and to amend and reenact
§24A-3-3 of said code, all relating to allowing an exemption for certain county or regional solid
waste authority-designated motor carriers of commercial solid waste from the certificate of
convenience requirements; establishing criteria for the exemption; and establishing requirements for
notice and a public hearing"; to the Committee on Government Organization then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 444 -
"A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §17C-4A-1, §17C-4A-2, §17C-4A-3 and §17C-4A-4, all
relating to careless driving which causes the unintentional death or serious bodily injury of another
person generally; defining "careless driving which causes the unintentional death or serious bodily
injury of another person"; establishing the offense of careless driving which causes the unintentional
death or serious bodily injury of another person; providing criminal penalties for violations; requiring
the Commissioner of the Division of Motor Vehicles to assess points against the driver's license of
a person convicted of careless driving which causes the unintentional death or serious bodily injury
of another person; requiring the Commissioner of the Division of Motor Vehicles to suspend the license of a person convicted for a second or subsequent offense of careless driving that causes the
unintentional or serious bodily injury to another person; and requiring the Commissioner of the
Division of Motor Vehicles to propose legislative rules"; to the Committee on Roads and
Transportation then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 521 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §18-2-37, relating to requiring a study on the feasibility of requiring flood
insurance, general property insurance or both on all buildings owned by a county board and the
contents of those buildings"; to the Committee on Education then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 539 -
"A Bill to amend and reenact §30-4-20 of the Code of West
Virginia, 1931, as amended, relating to the licensing of dentists generally; providing for the
immediate suspension or revocation of a license as necessary to protect the health and safety of the
public; hearing by the Board; and decision"; to the Committee on Government Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 548 -
"A Bill to amend and reenact §61-2-10b of the Code of West
Virginia, 1931, as amended, relating to the crimes of assault and battery upon law-enforcement
officers; and adding Public Service Commission motor carrier inspectors to the list of
law-enforcement officers"; to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 558 -
"A Bill to repeal §12-6-10 and §12-6-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §12-1-2, §12-1-12 and §12-1-13 of said code; to
amend said code by adding thereto a new section, designated §12-1-12b; to amend and reenact
§12-2-2 and §12-2-3 of said code; to amend and reenact §12-3A-4 of said code; to amend and
reenact §12-6-1a, §12-6-5, §12-6-8 and §12-6-13 of said code; to amend and reenact §12-6B-4 of
said code; and to amend said code by adding thereto a new article, designated §12-6C-1, §12-6C-2,
§12-6C-3, §12-6C-4, §12-6C-5, §12-6C-6, §12-6C-7, §12-6C-8, §12-6C-9, §12-6C-10, §12-6C-11,
§12-6C-12, §12-6C-13, §12-6C-14, §12-6C-15, §12-6C-16, §12-6C-17, §12-6C-18, §12-6C-19 and
§12-6C-20, all relating generally to the management and investment of public funds; authorizing
investment accounts for the Board of Treasury Investments; adding State Treasurer to entities
receiving reports from depositories regarding accounts not approved by the State Treasurer; allowing
the Board of Treasury Investments to accept funds remitted by the State Treasurer; codifying and
clarifying the duties of the State Treasurer in administering the Federal Cash Management
Improvement Act; authorizing the Federal Cash Management Interest Fund and the Federal Cash
Management - Administration Fund; enabling the Board of Treasury Investments to invest moneys
in the consolidated fund; codifying current method of handling receipts using the state accounting
system; authorizing Legislature to transfer moneys; requiring spending units to comply with
procedures for receipt and disbursement of moneys not due the state; clarifying roles and
administration of the West Virginia pay card; transferring management of consolidated fund from
Investment Management Board to West Virginia Board of Treasury Investments; removing provision
that the Investment Management Board can order the State Auditor and the State Treasurer to
transmit funds; creating West Virginia Board of Treasury Investments; changing the date the debt
capacity report is due from the first day of October to the fifteenth day of January; providing
purposes, legislative findings and definitions for the Board of Treasury Investments; specifying
membership of Board, appointment of certain directors of Board, terms of office, vacancies in office,
removal of directors, expenses of directors, meetings and powers of Board; transferring management,
control and administration of consolidated fund to the Board of Treasury Investments; requiring
annual review of asset allocation plans and investment policies; specifying requirements and
restrictions on investments; authorizing loans for industrial development; handling of securities; establishing the standard of care for investments; transferring existing cash, securities and other
investments to the Board of Treasury Investments; requiring audits, financial statements and reports;
continuing the current powers of spending units as to investments; transferring all loans from the
consolidated fund to the Board of Treasury Investments; creating the fee fund and the investment
fund; authorizing fees for administration and expenses; and termination of Board"; to the Committee
on Government Organization then Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 580 -
"A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §19-16-4a, relating to prohibiting political subdivisions
from regulating seeds"; to the Committee on Agriculture and Natural Resources then Government
Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 594 -
"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto
a new section, designated §7-1-3oo, relating to authorizing county commissions to adopt ordinances
to reduce false alarms"; to the Committee on Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 600 -
A Bill to amend and reenact §62-3-21 of the Code of West
Virginia, 1931, as amended, relating to requiring prosecuting attorneys to show cause why
incarcerated defendants should not be released on bond at beginning of a new term of court"; to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005, and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 620 - "A Bill to amend and reenact §17C-6-7 of the Code of West
Virginia, 1931, as amended, relating to speed-measuring devices; allowing law-enforcement officers
employed by any incorporated municipality to present as prima facie evidence the speed of a motor
vehicle obtained through the use of microwaves; and requiring that all law-enforcement officers
utilizing speed measuring devices be certified in their operation"; to the Committee on Roads and
Transportation then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 640 -
"A Bill to amend and reenact §29-4-15 of the Code of West Virginia, 1931, as
amended, relating to commissioner seals; and providing for the use of a stamped imprint as an
acceptable seal"; to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 644 - "A Bill to amend and reenact §11-15-2 of the Code of West Virginia, 1931, as
amended, relating to definitions of certain terms used in consumers sales and service tax; and
clarifying the definitions of "tangible personal property", "transmission" and "transportation" with
respect to the exemption for certain purchases by transmission or transportation businesses"; to the
Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
Com. Sub. for S. B. 670 - "A Bill to amend and reenact §3-8-5 of the Code of West Virginia,
1931, as amended; and to amend and reenact §19-21A-3, §19-21A-4 §19-21A-5, §19-21A-6 and
§19-21A-7 of said code, all relating to electing supervisors for conservation districts; defining certain
terms; authorizing emergency rulemaking; providing that registered voters in the district may vote for supervisors and in referendum; requiring candidate for supervisor file statement; requiring
Conservation Committee certify qualified candidates for ballot; providing that candidate may not be
on ballot or take office if qualifications not met; and requiring certain reports"; to the Committee on
the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 681 -
"A Bill to amend and reenact §17C-16-8 of the Code of West
Virginia, 1931, as amended, relating to creating a felony offense for making, issuing or using
counterfeit auto inspection stickers; and providing a penalty for such violation"; to the Committee
on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 691 -
"A Bill to amend and reenact §55-3B-3 of the Code of West Virginia, 1931, as
amended, relating to termination of tenancy of a factory-built home"; to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 692 - "A Bill to amend and reenact §8-5-7 of the Code of West Virginia, 1931, as
amended, relating to removing an unconstitutional provision providing that a mayor, a recorder and
councilmen were required for the year preceding their election to have been assessed with and paid
real or personal property taxes to the municipality; and related exceptions"; to the Committee on
Political Subdivisions then the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
Com. Sub. for S. B. 701 -
"A Bill to amend and reenact §18-2E-5 of the Code of West
Virginia, 1931, as amended, relating to the process for improving education; eliminating requirement
that statewide assessment occur at specific grade levels; eliminating certain assessment provisions
for grades kindergarten through second grade; limiting the use of any assessment for grades
kindergarten through second grade; eliminating obsolete language requiring a study; and requiring
an Algebra I end-of-course exam"; to the Committee on Education.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 703 -
"A Bill to amend and reenact §31B-2-203 of the Code of West Virginia, 1931,
as amended; to amend and reenact §31B-10-1002 of said code; to amend and reenact §31D-1-120
and §31D-1-150 of said code; to amend and reenact §31D-2-202 of said code; to amend and reenact
§31D-5-503 of said code; to amend and reenact §31D-15-1509; to amend said code by adding thereto
a new section, designated §31D-15-1521; to amend and reenact §31E-1-120 and §31E-1-150 of said
code; to amend and reenact §31E-2-202 of said code; to amend and reenact §31E-5-503 of said code;
to amend and reenact §31E-14-1409 of said code; to amend said code by adding thereto a new
section, designated §31E-14-1421; to amend and reenact §47-9-1, §47-9-8, §47-9-49 and §47-9-53
of said code; to amend and reenact §47B-3-3 of said code; and to amend and reenact §47B-10-1 and
§47B-10-4 of said code, all relating to updating language in the Uniform Liability Act; West Virginia
Business Corporation Act; West Virginia Nonprofit Corporation Act; Uniform Limited Partnership
Act; limited liability partnerships; and authority to revoke withdrawal under the West Virginia
Business Corporation Act and the West Virginia Nonprofit Corporation Act"; to the Committee on
the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 736 - "A Bill to repeal §8-24-86 and §8-24-87 of the code of West Virginia, 1931, as
amended, relating to proffers and conditions for final plat approval sections that were superceded"; to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 737 -
"A Bill to amend and reenact §30-1-5 and §30-1-8 of the Code of West Virginia,
1931, as amended, all relating to licensing boards; establishing a time limit for licensing boards to
issue a status report and a final ruling on complaints; exception; and authorizing licensing boards
to suspend and revoke licenses when a licensee cannot be located"; to the Committee on Government
Organization.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 739 - "A Bill making a supplementary appropriation from the balance of moneys
remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to
the Department of Health and Human Resources - Division of Health - Hepatitis B Vaccine, fund
5183, fiscal year 2005, organization 0506, by supplementing and amending the appropriation for the
fiscal year ending the thirtieth day of June, two thousand five"; to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 741 -
"A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as
amended, relating to exempting farming equipment and livestock from personal property taxation";
to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005,
and requested the concurrence of the House of Delegates in the passage of
S. B. 743 - "A Bill to amend and reenact §62-2-12 of the Code of West Virginia, 1931, as
amended, relating to allowing preindictment detainees an opportunity for bail reduction at change in term of court", to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect July 1, 2005,
and requested the concurrence of the House of Delegates in the passage of
S. B. 744 - "A Bill to amend and reenact §23-4-2 of the Code of West Virginia, 1931, as
amended, relating to clarifying the criteria for an employee to sustain a lawsuit for intentional
injury"; to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate, to take effect from passage,
and requested the concurrence of the House of Delegates in the passage of
S. B. 745 - "A Bill to amend and reeanct §62-1-5a of the Code of West Virginia, 1931, as
amended, relating to authorizing use of citations in lieu of arrest warrants for certain offenses"; to
the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage of
S. B. 746 -
"A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931,
as amended, relating to reducing the rate of tax paid on privilege of severing timber after specified
date; and deleting obsolete language"; to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 71 - "Requesting the Governor proclaim the fourth Friday of April, 2005, as
'Children's Memorial Flag Day' in the State of West Virginia."
Whereas, Tragic acts of violence against children are occurring with increasing frequency
throughout the State of West Virginia and the United States. These violent acts are destroying
innocent lives and devastating families and communities; and
Whereas, Too many of West Virginia's children have been lost in violent, preventable
deaths through guns, fire, automobile accidents, physical violence and suicide; and
Whereas, In celebration of life, diversity and hope for the future, the citizens of West
Virginia should condemn acts of violence committed against our children; and
Whereas, A Children's Memorial Flag has been obtained by the State of West Virginia and
should be flown on the fourth Friday of April, 2005, in remembrance of young lives lost in senseless
acts of violence; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor proclaim the fourth Friday of April, 2005,
as "Children's Memorial Flag Day" in the State of West Virginia; and, be it
Further Resolved, That the Children's Memorial Flag be flown on the fourth Friday of April,
2005, in remembrance of those young lives lost in senseless acts of violence; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Governor.
Delegate Beach announced that had he been present when the votes were taken on Roll Nos.
235 through 242 he would have voted "yea" thereon.
At the request of Delegate Staton, and by unanimous consent, the House of Delegates
returned to the Third Order of Business for the purpose of receiving committee reports.
Committee Reports
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2877, Providing procedure for removal of county, district or municipal officers,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2877 - "A Bill to amend and reenact §6-6-7 of the code of West
Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated as
§6-6-7a, all relating generally to providing procedure for removal of county, district or municipal officers; providing procedure for removal of members appointed to county or municipal boards,
authorities or commissions for a fixed term; requiring written notice of intent to remove; allowing
appointed member to object in writing to removal; requiring a hearing when member objects to
removal; requiring written decision after a removal hearing to include findings of fact and
conclusions of law removing or refusing to remove member of board, authority or commission;
setting time periods for certain actions; authorizing appeal of decision to circuit court; requiring
written decision removing member who does not respond to notice of intent to remove; authorizing
appointment of member to fill vacancy of removed member; and making technical corrections,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2877) will be placed on the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2781, Relating to annexation of unincorporated territory,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2781 - "A Bill to amend and reenact §8-6-1, §8-6-4 and §8-6-5 of the
Code of West Virginia, 1931, as amended, all relating to annexation of unincorporated territory;
providing additional requirements for petitions for annexation; defining the term additional territory;
providing that upon annexation the municipality shall provide public services within five years;
requirements for the application for annexation for minor boundary adjustment; and consideration
of non-contiguous territory for annexation,"
And,
H. B. 3174, Providing that expressions of apology, responsibility, sympathy, condolence or
a general sense of benevolence made by a health-care provider to a patient, shall be inadmissable as evidence of admission of liability,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3174 - "A Bill to amend and reenact §55-7-11a of the Code of West
Virginia, 1931, as amended, relating to the admissibility of expressions of apology, sympathy,
commiseration, condolence, compassion or general sense of benevolence made by a health-care
provider to a patient, or relatives or representatives of the patient; inadmissability of statements as
evidence of admission of liability; and definition of terms,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
were each taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2878, Relating to allowing the fraud unit to investigate the forgery of insurance
documents,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 2878 - "A Bill to amend and reenact §23-1-1b of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-41-
8a: and to amend and reenact §33-41-8 of said code, all relating to insurance fraud; authorizing the
Insurance Commissioner to assign the workers' compensation fraud unit to investigate insurance
fraud; permitting the Insurance Commissioner's fraud unit to investigate the forgery of insurance
documents; designating the fraud unit a criminal justice agency for purposes of access to
information; and requiring background checks of applicants for employment with the fraud unit,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2878) will be placed on the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2815, Requiring the use of an appropriate child passenger restraint device or booster
seat until the child is at least six years of age and weighs at least sixty pounds,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 2815 -- "A Bill to amend and reenact §17C-15-46 of the Code of West
Virginia, 1931, as amended, relating to child passenger safety and booster seats,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 3130, Requiring local boards of health to conduct inspections of all elementary and
secondary schools,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 3130 - "A Bill to amend and reenact §16-1-6 of the code of West
Virginia, 1931, as amended; and to amend and reenact §16-2-11 of said code, all relating to requiring
local boards of health to conduct inspections of all schools; and authorizing the Commissioner of
the Bureau of Public Health to promulgate and establish standards for these inspections,"
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on the Judiciary be dispensed
with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 3130) to the Committee on the Judiciary was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 3130) will be placed on the
Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2662, Relating to granting campus police officers law enforcement powers at private
institutions of higher education in this state.
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, but that it first be referred to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
In accordance with the former direction of the Speaker, the bill (H. B. 2662) was then
referred to the Committee on the Judiciary.
On motion for leave, a bill was introduced (Originating in the Committee on Education and
reported, by unanimous vote of the Committee, with the recommendation that it do pass), which was
read by its title, as follows:
By Delegates Spencer, Eldridge, Beach, Williams, Marshall, Lane, Wysong,
Canterbury, Stevens, Longstreth and Sumner
:
H. B. 3359-"A Bill to amend and reenact §18A-4-15 of the code of West Virginia, 1931, as
amended, relating to filling the positions and extra duty assignments of the absent school bus
operators."
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the provisions of House Rule 70a, the foregoing bill (H. B. 3359) will be placed on the Consent
Calendar.
Chairman Browning, 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 25th
day of March, 2005, presented to His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of Delegates:
(S.B. 411), Extending time for county commission of Tyler County to meet as levying body.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
H. B. 2855, Placing a limit of ten years on the amount of time that a teacher who returns to
work after terminating employment may retain his or her accrued seniority.
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2855-"A Bill to amend and reenact §18A-4-7b of the code of West
Virginia, 1931, as amended, relating to retention of seniority for purpose of seeking reemployment
for professional employees whose employment with a county board of education was terminated
voluntarily.
With the recommendation that the committee substitute do pass, and with the
recommendation that second reference of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (Com. Sub. for H. B. 2855) to the Committee
on Finance was abrogated.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2855) will be placed on the
Consent Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:
S. B. 604, Establishing method for projecting increase in net enrollment for each school
district.
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, and with the recommendation that second reference
of the bill to the Committee on Finance be dispensed with.
In the absence of objection, reference of the bill (S. B. 604) to the Committee on Finance was
abrogated.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (S. B. 604) will be placed on the Consent Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 2012, Providing a salary supplement for providers of medicaid eligible services in the
public schools,
H. B. 2411, Increasing general revenues of the state by authorizing new fees and increasing
existing fees to be charged by the state police,
H. B. 2457, Limiting the basis for calculating the alternate method of annual contribution
required by municipalities into the Policemen's and Firemen's Pension and Relief Fund,
H. B. 2780, Relating to increasing the allocation of racetrack video lottery net terminal
income to be used for payment into the pension plan for employees of the Licensed Racing
Association,
H. B. 2795, Relating to the consolidation of administrative, information, technological,
financial and operating systems and functions of West Virginia University Institute of Technology
with and into such systems and functions of West Virginia University,
H. B. 2822, Providing that municipalities, county development authorities or municipal development authorities, or both, may organize and jointly own joint development entities,
H. B. 2849, Relating to the financing of environmental control activities by certain qualified
electric utilities through the issuance of environmental control bonds,
H. B. 2873, Relating to the economic opportunity tax credit,
H. B. 2939, Relating to the Federal Cash Management Act,
H. B. 2967, Compensating state troopers for off-duty time when they are required to be on
standby to be called back to work,
H. B. 2984, Discontinuing the loan program participation of teachers and nonteachers who
become members of the Teachers Retirement System on or after July 1, 2005,
H. B. 3157, Directing the Consolidated Public Retirement Board to propose legislative rules
and providing that forfeited amounts are to be paid directly to employer where a participation
employer no longer contributes to the fund
H. B. 3228, Providing that in determining West Virginia taxable income of electing small
business trusts, income attributable to S corporation stock held by the trust shall be included,
H. B. 3229, Clarifying the definition of "tangible personal property" and the definitions of
"transmission" and "transportation" with respect to the exemption for certain purchases by
transmission or transportation businesses,
H. B. 3230, Limiting the exemptions certain insurance companies have from Business
Franchise Tax and Corporation Net Income Tax to the portion of the tax base which is based on
income subject to a tax upon premiums,
H. B. 3231, Creating a credit against the severance tax to encourage private companies to
make infrastructure improvements to highways, roads and bridges in this state,
H. B. 3232, Making a technical change in the computation of personal income tax on income
of nonresidents and part-year residents,
H. B. 3233, Amending the definition of "capital" to include loans from stockholders,
H. B. 3235, Authorizing those who sell or deliver motor fuel to the federal government, or
one of its agencies, and to whom the federal government refuses to pay the Motor Fuel Excise Tax
to claim a refund of the tax,
H. B. 3236, Relating to the special reclamation tax and special tax on coal production,
providing that both of these taxes apply to thin seam coal and providing that the special reclamation
tax subject to the West Virginia Tax Crimes and Penalties Act and the West Virginia Tax Procedure
and Administration Act,
H. B. 3306, Allowing fees charged for requests for information from the central abuse registry
to be used for criminal record keeping,
And,
H. B. 3309, Exempting Mental-Health Retardation Centers from payment of the privilege tax
and providing that Mental-Health Retardation Centers are covered by the Board of Risk and
Insurance Management without the requirement to pay a premium,
And reports the same back without recommendation but with the recommendation that they
be recommitted to the Committee on Finance.
In accordance with the former direction of the Speaker, the bills (H. B. 2012, H. B. 2411, H.
B. 2457, H. B. 2780, H. B. 2795, H. B. 2822, H. B. 2849, H. B. 2873, H. B. 2939, H. B. 2967, H..
B. 2984, H. B. 3157, H. B. 3228, H. B. 3229, H. B. 3230, H. B. 3231, H. B. 3232, H. B. 3233, H.
B. 3235, H. B. 3236, H. B. 3306 and H. B. 3309) were recommitted to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
were each taken up for immediate consideration, read a first time, ordered to second reading, and
then recommitted to the Committee on Finance.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2437, Prohibiting the reclassification of Class II real property for a period of two years
if the estate has not been settled,
And,
H. B. 3027, Redefining "Registered Greyhound Owner" for purposes of dog racing,
And reports the same back, with amendment, by unanimouss vote of the Committee, with
the recommendation that they each do pass, as amended, but that they first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
were each taken up for immediate consideration, read a first time and ordered to second reading.
In accordance with the former direction of the Speaker, the bills (H. B. 2437 and H. B. 3027)
were then referred to the Committee on Finance
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2307, Establishing threshold quantities of certain controlled substances to trigger prima
facie evidence of intent to deliver if possessed by an individual,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 2307) will be placed on the Consent
Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3256, Correcting definitions applicable to the assessment of real property and to
homestead property tax exemption,
H. B. 3257, Clarifying that the 60 day time limit for filing an appeal with the Office of Tax
Appeals does not apply when other provisions of the West Virginia Code set forth different times,
And,
H. B. 3259, Requiring the Tax Commissioner's consent in order for a case to be conducted
as a small claims hearing,
And reports the same back without recommendation as to their passage but that they be committed to the Committee on the Judiciary. .
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
were each taken up for immediate consideration, read a first time, ordered to second reading and then
recommitted to the Committee on the Judiciary..
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2029, Relating to variable premium adjustable life insurance policies,
H. B. 2184, Providing criminal penalties for negligently or carelessly shooting and wounding
or killing a human being while hunting under the influence of alcohol or drugs,
H. B. 2615, Allowing the use of clearly visible painted markings to designate or post land
on which trespassing is prohibited,
H. B. 2932, Providing for binding arbitration and optional mediation for state employees,
employees for boards of education and county board of health,
H. B. 2937, Relating to the replacement of individual life insurance policies and annuity
contracts,
H. B. 3034, Adding Public Service Commission motor carrier inspectors as law-enforcement
officers who may be victims of the crimes of malicious assault, unlawful assault, battery and simple
assault upon a law-enforcement officer,
H. B. 3045, Relating to the creation and modification of public service districts,
H. B. 3047, Expanding the statute governing manufacturing, compounding, producing,
processing or preparing methamphetamine and providing penalties,
H. B. 3050, Allowing counties with a population of 175,000 or more to charge a hotel user
fee,
H. B. 3067, Removing certain language requiring canvassers to notify signers that they are
prohibited from voting in a primary election and requiring clerk of the county commission to assist
in checking the validity of nominating petitions,
H. B. 3088, Requiring that factory-built housing not be discriminated against in local ordinances,
H. B. 3092, Adding the counties of Mercer and Raleigh as participating members of the
Hatfield-McCoy Regional Recreational Authority,
H. B. 3094, Repealing the Support Enforcement Commission's ability to promulgate
legislative rules, removing the provision allowing the Support Enforcement Commission to provide
direct services to an individual, authorizing Commissioner to establish enforcement
procedures..etc...,
H. B. 3098, Expanding the prohibitions and criminal penalties for sexual exploitation or
sexual abuse of a child by a parent, or guardian or custodian to include offenses by persons who
hold a position of trust in relation to a child,
H. B. 3110, Recognizing and authorizing the use of an electronic postmark as part of digital
signatures and electronic commerce,
H. B. 3153, Establishing the crime of railroad vandalism,
H. B. 3177, Requiring that employers perform criminal history background checks for
employees involved in the installation of home security systems,
H. B. 3184, Including education related child care expenses in the child support calculation,
and eliminating the 25% reduction to the child support adjustment,
H. B. 3185, Changing the definition of "substantial change in circumstances" for the purposes
of a modification of child support from a 15% change to either a 15% or seventy-five dollar change,
whichever is less,
H. B. 3212, Creating the felony offense of intimidation of and retaliation against informants
who provide information to law enforcement officers, and establishing related criminal penalties,
H. B. 3217, Authorizing magistrates to impose home confinement for certain non-violent
offenders in lieu of a bail bond,
H. B. 3218, Relating to immunities and limitations extended in association with the provision
of emergency services,
H. B. 3258, Permitting the sale of nonintoxicating beer within a certain distance from a
church that consents to the sale,
H. B. 3280, Relating to modifying the review by the Public Service Commission of public
convenience and necessity applications where the project has been approved by the Infrastructure
and Jobs Development Council,
H. B. 3281, Relating to making it a crime to alter, destroy, or tamper with computer
equipment containing voter registration information,
H. B. 3282, Relating to taking pictures of a non-consenting individual in public and private
places,
H. B. 3293, Establishing residential treatment programs for regional jail inmates who are
abusers of alcohol and other drugs,
H. B. 3308, Eliminating the provision that allowed private clubs segregated on the basis of
race or color to obtain a license to sell alcoholic beverages,
And,
H. B. 3340, Excluding certain employment-related expenses from the definition of gross
income for purposes of determining child support,
And reports the same back without recommendation but with the recommendation that they
be recommitted to the Committee on the Judiciary.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
were each taken up for immediate consideration, read a first time, ordered to second reading and then
recommitted to the Committee on the Judiciary.
Chairman Browning, 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 28th
day of March, 2005, 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:
(H. B. 2510), Allowing public sector moneys to be used to satisfy the matching requirements
of the workforce initiative in certain circumstances,
(H. B. 2666), Continuation of the Department of Health and Human Resources,
(H. B. 2667), Continuation of the West Virginia Commission for the Deaf and Hard of Hearing,
(H. B. 2846), Continuation of the Real Estate Appraiser Licensing and Certification Board,
(H. B. 2892), Continuation of the Bureau for Child Support Enforcement,
(H. B. 2893), Continuation of the James "Tiger" Morton Catastrophic Illness Commission,
(H. B. 2478), Relating to removing the prohibition against brewers of nonintoxicating beer
requiring distributors to submit certain financial documents,
And,
(H. B. 2869), Relating to permit the conversion of a domestic corporation to a domestic
limited liability company.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 3048, Relating to restructuring of the hunting and fishing license system,
And reports back a committee substitute therefor, with the same title, as follows:
Com. Sub. for H. B. 3048-"A Bill to repeal §20-2-39, §20-2-40, §20-2-40b, §20-2-41,
§20-2-43, §20-2-44a, §20-2-45, §20-2-46b, §20-2-46c, §20-2-46d, §20-2-46f, §20-2-46g, §20-2-46i,
§20-2-46j, §20-2-46k, §20-2-46l, §20-2-46m and §20-2-63 of the Code of West Virginia, 1931, as
amended; to amend and reenact §20-2-30a, §20-2-33, §20-2-44 and §20-2-44b of said code; to
amend said code by adding thereto twenty-three new sections, designated §20-2-42, §20-2-42a,
§20-2-42b, §20-2-42c, §20-2-42d, §20-2-42e, §20-2-42f, §20-2-42g, §20-2-42h, §20-2-42i,
§20-2-42j, §20-2-42k, §20-2-42l, §20-2-42m, §20-2-42n, §20-2-42o, §20-2-42p, §20-2-42q,
§20-2-42r, §20-2-42s, §20-2-42t, §20-2-42u and §20-2-42v; and to amend and reenact §20-2B-6,
§20-2B-7, §20-2B-8, §20-2B-9 and §20-2B-10 of said code, all relating to the restructuring of the
hunting and fishing license system; increasing fees; providing an effective date; creating a system
to index fees to the Consumer Price Index; and providing for requirements for certification of
training,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill was taken up for immediate consideration, read a first time and then ordered to second reading.
On motion for leave, bills were introduced (Originating in the Committee on Finance and
reported unanimously with the recommendation that they each do pass), which were read by their
titles, as follows:
By Delegates Michael, Varner, Boggs, Browning, Houston, Cann, Williams, H. K.
White, Proudfoot, Ashley and G. White:
H. B. 3360 - "A Bill to amend and reenact §5A-7-4 of the code of West Virginia, 1931, as
amended, relating to duties of the Information Services and Communications Division; and requiring
the director to create and maintain an information systems disaster recovery system
."
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 3360) will be placed on the Consent
Calendar.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:
H. B. 3208, Adjusting the formula by which the Public Service Commission distributes
wireless enhanced 911 fee revenues to the counties,
And reports back, by unanimous vote of the committee, a committee substitute therefor, with
the same title, as follows:
Com. Sub. for H. B. 3208-"A Bill to amend and reenact §24-6-6b of the Code of West
Virginia, 1931, as amended, relating to the wireless enhanced 911 fee; and adjusting the formula by
which the Public Service Commission distributes wireless enhanced 911 fees to the counties,"
H. B. 2334, Relating to limiting child out-of-state placements,"
And reports back, by unanimous vote of the committee, a committee substitute therefor, with
a new title, as follows:
Com. Sub. for H. B. 2334 - "A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-7-34, relating to creating a commission to study the
out-of-state placement of children; providing for members and a chair; providing study topics; and
requiring certain reporting requirements on specific goals,"
H. B. 3155, Permitting Wetzel County Hospital to provide an alternate retirement plan for
new employees in lieu of the Public Employees Retirement System,
And reports back, by unanimous vote of the committee, a committee substitute therefor, with
a new title, as follows:
Com. Sub. for H. B. 3155-"A Bill to amend and reenact §5-10-18 of the Code of West
Virginia, 1931, as amended, relating to providing for the termination of membership in the Public
Employees Retirement System of Jobs for West Virginia's Graduates; providing for withdrawal from
system without forfeiture of service credit; specifying time periods; requiring pension plan in lieu
of public employees retirement system; notice; option; extending the time for members from certain
community mental health centers to repurchase time; specifying interest rate; compounding;
permitting emergency services personnel to purchase service credit for the years one thousand nine
hundred ninety to one thousand nine hundred ninety-five; specifying the cost of the service credit;
specifying interest rate and compounding; providing for the termination of membership in the Public
Employees Retirement System of Wetzel County Hospital; providing for withdrawal from system
without forfeiture of service credit; specifying time periods; requiring pension plan in lieu of public
employees retirement system; notice; option,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
were each taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bills (Com. Sub. for H. B. 3208, Com. Sub. for H. B.
2334 and Com. Sub. for H. B. 3155) will be placed on the Consent Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2891, Relating to the reorganization of the executive branch of state government,
And reports the same back without recommendation but with the recommendation that they
be recommitted to the Committee on Government Organization.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time, ordered to second reading and then
recommitted to the Committee on Government Organization.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3005,Transferring the centralized accounting system from the Department of
Administration to the Auditor's Office and to create a Financial Services Oversight Committee,
And reports the same back, by unanimous vote of the Committee, with a title amendment,
with the recommendation that it do pass, as amended, but that it first be referred to the Committee
on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time, ordered to second reading, and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2954, Establishing a State Trails Coordinator,
And reports the same back, by unanimous vote of the Committee, with a title amendment,
with the recommendation that it do pass, as amended, but that it be referred to the Committee on
Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time, ordered to second reading, and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.
On motion for leave, a bill was introduced (Originating in the Committee on Government Organization and reported with the recommendation that it do pass), which was read by its title, as
follows:
By Delegates Beane, Ennis, Butcher, Hatfield, Hunt, Iaquinta, Martin, Perdue, Frich,
and Walters:
H. B. 3361 - - "A Bill to amend and reenact §4-10-4, §4-10-4a, §4-10-5, §4-10-5a, and §4-
10-5b of the Code of the State of West Virginia, 1931, as amended, all relating to the West Virginia
sunset law; terminating agencies following full performance evaluations; terminating agencies
previously subject to full performance evaluations following compliance monitoring and further
inquiry updates; terminating agencies following preliminary performance reviews; terminating
agencies previously subject tp preliminary performance reviews following compliance monitoring
and further inquiry updates; and terminating boards created to regulate professions and occupations".
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (H. B. 3361) will be placed on the Consent
Calendar.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2838,Relating to the rehabilitation environmental action plan,
And reports the same back, by unanimous vote of the Committee, with a title amendment,
with the recommendation that it do pass, as amended, but that it be taken up and read a first time,
and then be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time, ordered to second reading, and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 3125, Providing for biannual independent review of the Neighborhood Investment
Program and to extend the program until July 1, 2008,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time, ordered to second reading, and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:
H. B. 2809, Prohibiting public contracts with vendors unless they can demonstrate that they
offer health care insurance to their employees and pay at least 75% of the cost of such insurance
coverage,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
a new title, as follows:
Com. Sub. for H. B. 2809 -- "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §21-1D-1, §21-1D-2 and §21-1D-3, all relating to
requiring employers to provide health insurance to employees working on public improvement
projects,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 2809) will be placed on the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 3178, Relating to domestic violence and clarifying when permanent injunctions and
other provisions may be granted in final divorce orders,
And reports back a committee substitute therefor, by unanimous vote of the Committee, with
the same title, as follows:
Com. Sub. for H. B. 3178 -- "A Bill to amend and reenact §48-5-608 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §48-27-305, §48-27-401, §48-27-503, §48-
27-504, §48-27-902 and §48-27-1001 of said code, all relating to domestic violence generally,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bill
was taken up for immediate consideration, read a first time and then ordered to second reading.
Having been reported from committee with no dissenting vote, and in accordance with the
provisions of House Rule 70a, the foregoing bill (Com. Sub. for H. B. 3178) will be placed on the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2224, Creating a health care providers lien,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2224 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §33-6-37, relating to creation of a lien for physicians and
physical therapists, effect of the lien, access to related medical records of physician and therapist,
priority of lien, and exclusion of health insurance benefits,"
And,
H. B. 3145, Providing immunity from civil damages for persons who volunteer their services
at the public health departments,"
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3145 --"A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-19a, providing limited immunity from civil
damages for persons who volunteer their services to public health departments; and providing that
the limitation of liability does not apply to intentional tortious conduct or acts or omissions
constituting gross negligence,"
With the recommendation that the committee substitutes each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
were each taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2011, Relieving health care providers of liability where an injury has resulted from a
prescribed drug or medical device,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2011 -- "A Bill to amend the code of West Virginia, 1931, as amended,
by adding thereto a new section, designated §55-7-23, relating to removing health care providers'
exposure to liability where, in certain cases involving prescription drugs and medical devices, a
person has been injured,"
With the recommendation that the committee substitute do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the foregoing bills
were each taken up for immediate consideration, read a first time and then ordered to second reading.
The Clerk announced that, pursuant to House Rule 70a, the following requests had been filed
with him for the removal of bills from the Consent Calendar to the House Calendar:
H. B. 2809, on second reading, Consent Calendar, to the House Calendar, by Mr. Speaker,
Mr. Kiss.
Leaves of Absence
At the request of Delegate Staton, and by unanimous consent, leaves of absence for the day
were granted Delegates Fragale and Tucker.
Miscellaneous Business
Delegate Boggs announced that he was absence when the votes were taken on Roll Nos. 210
and 212, and had he been present he would have voted "Yea" thereon; and on Roll No. 211, he
would have voted "Nay" thereon.
Delegate Doyle announced that he was absent when the vote was taken on Roll No. 213, and
that had he been present, he would have voted "yea" thereon.
Delegate Trump asked and obtained unanimous consent that all remarks regarding Com. Sub.
for H. B. 2852 be printed in the Appendix to the Journal.
Delegate Armstead asked and obtained unanimous consent that the remarks of Delegate
Carmichael concerning table games legislation be printed in the Appendix to the Journal.
At 6:37 p.m., the House of Delegates adjourned until 11:00 a.m., Tuesday, March 29, 2005.