WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-THIRD LEGISLATURE
REGULAR SESSION, 2017
____________
Charleston, West Virginia, Monday, March 20, 2017
The Senate met at
(Senator Carmichael, Mr. President, in the
Chair.)
Prayer was offered by
The Senate was then led in recitation of the Pledge of Allegiance by the
Honorable
Pending the reading of the Journal of Saturday, March 18, 2017,
At the request of Senator
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the
Senator
Your Committee on
Com. Sub. for Senate Bill 18, Requiring new comprehensive statewide
student assessment.
And,
Com. Sub. for Senate Bill 479,
Relating to regulation of
liquor sales.
And reports the same back with the recommendation that they each do
pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 298, Relating to ability of constitutional
officer to voluntarily waive his or her salary for any calendar year.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 298 (originating in the Committee on
And,
Senate Bill 628, Relating to providing funding for Statewide
Interoperable Radio Network.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 628 (originating in the Committee on
With the recommendation that the two committee substitutes do pass; but
under the original double committee references first be referred to the
Committee on
Respectfully submitted,
?
??? Chair.
The bills (Com. Sub. for S. B. 298 and 628), under the original double
committee reference, was then referred to the Committee on
Senator
Your Committee on
Senate Bill 362, Authorizing redirection of certain amounts
to General Revenue Fund.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 362 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Com. Sub. for Senate Bill 382 (originating in the Committee on
And reports back a committee substitute for same with the following
title:
Com. Sub. for Com. Sub. for
Senate Bill 382 (originating
in the Committee on
With the recommendation that the committee substitute for committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 414, Creating Division of Multimodal Transportation.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 414 (originating in the Committee on
With the recommendation that the committee substitute do pass; but under
the original double committee reference first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
At the request of Senator
Senator
Your Committee on
Com. Sub. for Senate Bill 461 (originating in the Committee on
And reports back a committee substitute for same with the following
title:
Com. Sub. for Com. Sub. for
Senate Bill 461 (originating
in the Committee on
With the recommendation that the committee substitute for committee
substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 467, Removing restrictions on maximum wager per
limited video lottery game and bill denominations accepted by video lottery
terminals.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 467 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 472, Permitting bear hunting with guides.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill 472 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 482, Relating generally to WV Parkways Authority.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 482 (originating in the Committee on
With the recommendation that the committee substitute do pass; but under
the original double committee reference first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
The bill (Com. Sub. for S. B. 482), under the original double committee
reference, was then referred to the Committee on
Senator
Your Committee on
Senate Bill 499, Creating Debt Resolution Services Division
in Auditor?s office.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 499 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 521, Relating generally to Public Defender
Services.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 521 (originating in the Committee on
With the recommendation that the committee substitute do pass; but under
the original double committee reference first be referred to the Committee on
Respectfully submitted,
?
??? Chair.
The bill (Com. Sub. for S. B. 521), under the original double committee
reference, was then referred to the Committee on
Senator
Your Committee on
Senate Bill 523, Converting to biweekly pay cycle for state
employees.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 523 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 533, Relating to taxes on wine and intoxicating
liquors.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 533 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 572, Relating to nonpartisan election of county
surveyors.
And reports back a committee substitute for same with the following
title:
Com. Sub. for Senate Bill 572 (originating in the Committee on
With the recommendation that the committee substitute do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 585, Relating to locomotive crew size.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
Senator
Your Committee on
Senate Bill 595, Allowing county assessors make separate
entries in land books when real property is partly used for exempt and partly
nonexempt purposes.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
The Senate proceeded to the
On motions for leave, severally made, the following bills were
introduced, read by their titles and referred to the appropriate committees:
By Senators Takubo and
Stollings:
Senate Bill 670?A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated ?16-5Z-1,
?16-5Z-2, ?16-5Z-3, ?16-5Z-4 and ?16-5Z-5, all relating to establishing the
West Virginia Advisory Council on Rare Diseases; setting forth its composition;
establishing terms of members; defining terms; establishing the powers and
duties of the council; setting forth duties of the Secretary of the Department
of Health and Human Resources; and setting a sunset date.
Referred to the Committee on Health and Human Resources; and then to the
Committee on Government Organization.
By Senator Mann:
Senate Bill 671?A Bill to amend and reenact ?18B-4-8 of the
Code of West Virginia, 1931, as amended, relating to the West Virginia
Anatomical Board; defining ?board? to include the board of directors of West
Virginia Anatomical Board; providing that the board members consist of the
deans of the Marshall University School of Medicine, the West Virginia School
of Osteopathic Medicine, the West Virginia University School of Medicine and
the West Virginia University School of Dentistry; clarifying that the board is
being reestablished and continued under the authority of the commission and is
subject to the commission?s rule-making authority; clarifying that the title ?commission?
is referring to the Higher Education Policy Commission; removing requirement
that all dead human bodies that are buried at the public?s expense to be
delivered to the board; removing the penalties and bond requirements incurred
with failing to deliver said bodies to the board; clarifying that the board is
able to receive and refuse dead human bodies for educational uses and purposes
of higher education institutions at the board?s discretion; clarifying that
members of the board are not to receive any compensation for services rendered
in their capacity; and clarifying that the board shall operate consistent with
the Anatomical Gift Act.
Referred to the Committee on Government Organization.
By Senators Stollings and
Prezioso:
Senate Bill 672?A Bill to amend and reenact ?16-45-3 of the
Code of West Virginia, 1931, as amended, relating to prohibiting the use of a
tanning device by a person under the age of eighteen.
Referred to the Committee on Health and Human Resources.
By Senators Karnes, Boso and
Sypolt:
Senate Bill 673?A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated ?3-11A-1,
?3-11A-2, ?3-11A-3 and ?3-11A-4, all relating to providing a procedure for West
Virginia to select delegates to an Article V Convention for proposing
amendments to the Constitution of the United States; defining terms; setting
forth delegate duties and responsibilities; and providing a felony criminal
penalty for violation of a delegate?s oath.
Referred to the Committee on the Judiciary.
By Senator Boso:
Senate Bill 674?A Bill to amend and reenact ?18-9A-2,
?18-9A-4, ?18-9A-5, ?18-9A-6a, ?18-9A-7, ?18-9A-9 and ?18-9A-10 of the Code of
West Virginia, 1931, as amended, all relating to public school support;
including treasurer/chief school business official and child nutrition director
as professional educator for funding purposes only; deleting required periodic
legislative review of adjustments in net enrollment; determining allowance for
fundable professional educators at set ratio, rather than the number employed
subject to a limit; providing for determination of allowance for fundable
positions in excess of number employed; deleting expired provisions; basing
minimum professional instructional personnel required on percent of employed
fundable professional educators; providing for prorating professional
instructional personnel among participating counties in joint school or program
or service; removing penalty for not meeting applicable professional
instructional personnel ratio for 2017-2018 school year; deleting expired
provisions; deleting required periodic legislative review of density category
ratios; determining allowance for fundable service personnel at set ratio,
rather than number employed subject to a limit; providing for determination of
allowance for fundable positions in excess of number employed; providing for
proration of number and allowance of personnel employed in part by state and
county funds; adding professional student support personnel allowance to
calculation of teachers retirement fund allowance; basing teachers retirement
fund allowance on average retirement contribution rate of each county and
defining ?average rate?; allowing limited portion of funds for bus purchases to
be used for facility and equipment repair maintenance and improvement or
replacement or other current expense priorities if requested and approved by
state superintendent following verification; changing calculation of allowance
for current expense from percent allowances for professional and service personnel
to county?s state average costs per square footage per student for operations
and maintenance; removing authorization for use of instructional improvement
funds for implementation and maintenance of regional computer information
system; removing requirement for fully utilizing applicable provisions of
allowances for professional and service personnel before using instructional
improvement funds for employment; removing restriction limiting use of new
instructional improvement funds for employment except for technology system
specialists until certain determination made by state superintendent;
authorizing use of instructional technology improvement funds for employment of
technology system specialists and requiring amount used to be included and justified
in strategic technology plan; specifying when certain debt service payments are
to be made into school building capital improvement fund; authorizing use of
percentages of allocations for improving instructional programs; improving
instructional technology for facility and equipment repair and maintenance or
replacement and other current expense priorities and for emergency purposes;
and requiring amounts used to be included and justified in respective strategic
plans.
Referred to the Committee on Education.
By Senators Takubo, Stollings,
Carmichael (Mr. President), Azinger, Beach, Blair, Boley, Boso, Clements,
Cline, Facemire, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Ojeda, Palumbo, Plymale, Prezioso, Romano, Rucker, Smith, Swope,
Sypolt, Trump, Unger, Weld and Woelfel:
Senate Bill 675?A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated ?30-7A-12,
relating to providing rulemaking authority to the Board of Licensed Practical
Nurses regarding agreements with organizations to form recovery networks; and
creating an alcohol or chemical dependency treatment program.
Referred to the Committee on the Judiciary.
By Senators Karnes and Boso:
Senate Bill 676?A Bill to amend and reenact ?29-3E-10 of
the Code of West Virginia, 1931, as amended, relating to fireworks safety; and
prohibiting counties from regulating the sale and use of consumer fireworks
within their boundaries.
Referred to the Committee on Government Organization.
By Senators Takubo and
Stollings:
Senate Bill 677?A Bill to amend and reenact ?11-17-3 and
?11-17-4b of the Code of West Virginia, 1931, as amended, all relating to
increasing the tax rate on cigarettes and e-cigarettes liquid; and specifying
the effective date for the increase.
Referred to the Committee on Finance.
By Senator Miller:
Senate Bill 678?A Bill to repeal ?11-17-4b of the Code of
West Virginia, 1931, as amended; and to amend said code by adding thereto a new
section, designated ?11-15-3d, relating to tax on sales of e-cigarette liquid.
Referred to the Committee on Finance.
By Senators Smith, Blair,
Facemire, Prezioso and Sypolt:
Senate Bill 679?A Bill to amend and reenact ?22-30-3 of the
Code of West Virginia, 1931, as amended, relating to the definition of ?above
ground storage tanks?; and excluding certain tanks holding oil, brine or other
fluids used in hydrocarbon and mineral extraction.
Referred to the Committee on Energy, Industry and Mining.
By Senators Sypolt and Boso:
Senate Bill 680?A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto two new sections, designated ?22C-9-6a and
?22C-9-7a, all relating to permitting surface owners to seek damages resulting
from oil and gas operations through the Oil and Gas Conservation Commission;
permitting leaseholders to unitize drilling interests regardless of the type of
well to be drilled; and requiring rulemaking.
Referred to the Committee on the Judiciary.
By Senators Sypolt and Boso:
Senate Bill 681?A Bill to amend and reenact ?11-13A-3a of
the Code of West Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated ?22-6-42, all relating to requiring the
Secretary of the Department of Environmental Protection to work with the State
Tax Commissioner, the Public Service Commission and county assessors to develop
a system for verifying production information submitted by an oil or gas
producer in connection with the producer?s severance tax returns and other
production reports; and requiring the cooperation of persons submitting the
reports.
Referred to the Committee on Government Organization.
By Senators Blair and Boso:
Senate Bill 682?A Bill to amend and reenact ?11-10-11c of
the Code of West Virginia, 1931, as amended, relating to the state administration
of local sales and use taxes.
Referred to the Committee on Government Organization.
By Senators Jeffries, Miller,
Beach, Facemire, Ojeda, Plymale and Romano:
Senate Bill 683?A Bill to amend and reenact ?11-12-75 of
the Code of West Virginia, 1931, as amended; to amend and reenact ?11-15-3 and
?11-15-8 of said code; to amend said code by adding thereto two new sections,
designated ?11-15-3d and ?11-15-3e; to amend and reenact ?11-15A-2 of said
code; to amend and reenact ?11-21-4e, ?11-21-12 and ?11-21-16 of said code; to
amend said code by adding thereto a new section, designated ?11-21-22d; and to
amend and reenact ?11-24-4 of said code, all relating to taxation to enact a fiscally
responsible state budget; increasing the tax on corporations holding more than
ten thousand acres of land and making it an annual assessment; increasing the
rate of the consumers sales and service tax; increasing the rate of the use
tax; providing effective dates for those rate changes; changing the words ?six
percent? to the current consumers sales and service tax rate or use tax rate
where those terms are used under certain sections of chapter eleven of the
code; imposing the consumers sales tax on telecommunications service and
ancillary services; imposing the consumers sales and service tax on the sale of
certain digital goods; imposing the consumer sales and service tax on personal
services; adjusting the personal income tax rates to lower rates on taxable
income between $10,000 and $150,000 for joint filers and between $5,000 and
$75,000 for individuals filing separate returns; creating new personal income
tax rates for higher earners; exempting Social Security benefits from the
personal income tax if the taxpayer?s total taxable income is below $50,000;
amending the West Virginia exemption for residents such that it is reduced for
residents with more than $100,000 in West Virginia taxable income; exempting
all monetary benefits derived from military retirement from personal income tax
obligations; creating West Virginia Earned Income Tax Credit; authorizing a
refundable tax credit based upon the federal Earned Income Tax Credit;
determining eligibility for the credit; determining amount of the credit;
authorizing rule-making authority; replacing the flat corporate net income tax
rate with a tiered rate that is consistent with the personal income tax rates,
thereby reducing the tax rate for businesses with lower annual income and
increasing the tax rate for higher earning businesses; and setting forth
effective dates.
Referred to the Committee on Finance.
Senators Carmichael (Mr. President), Boso, Stollings and Plymale offered
the following resolution:
Senate Resolution 42?Designating March 20, 2017, as International Pageant Day in
West Virginia.
Whereas, Charleston, West
Virginia, will play host to the Miss, Miss Teen and Mrs. International Pageants
for three consecutive years beginning in 2017; and
Whereas, Mary C.
Richardson, the executive director, is a West Virginia native who is excited to
bring this event to her home state; and
Whereas, The West Virginia
Division of Culture and History, the Charleston Convention and Visitors Bureau
and the Clay Center are partners in the events; and
Whereas, The economic
impact of this partnership will be $1.7 million for the city of Charleston; and
Whereas, The pageant
participants, their families and friends will have the opportunity to
experience some of West Virginia?s finest tourism opportunities; therefore, be
it
Resolved by the
??????????? That the
Senate hereby designates March 20, 2017, as International Pageant Day in West
Virginia; and, be it
Further Resolved, That the Senate is proud of
the State of West Virginia for hosting this event for the next three years and
extends a special welcome to the participants and their families; and, be it
Further Resolved, That the Clerk is hereby
directed to forward a copy of this resolution to the West Virginia Division of
Culture and History, the Charleston Convention and Visitors Bureau and the Clay
Center.
At the request of Senator
On motion of Senator Ferns, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed
business under the sixth order.
Senators Gaunch, Ferns, Karnes, Romano, Cline, Sypolt, Swope, Boso,
Stollings, Plymale and Prezioso offered the following resolution:
Senate Resolution 43?Recognizing West Virginia native Homer Hickam, United States
Army veteran, famed author and dedicated public servant.
Whereas, Homer H. Hickam,
Jr., was born on February 19, 1943, the son of Homer and Elsie Hickam, and was
raised in Coalwood, West Virginia; and
Whereas, Homer Hickam
graduated from Big Creek High School in 1960 and from the Virginia Polytechnic
Institute in 1964 with a Bachelor of Science degree in Industrial Engineering;
and
Whereas, Homer Hickam
served our country as a First Lieutenant in the Fourth Infantry Division in
Vietnam in 1967-1968, where he was awarded the Army Commendation and Bronze
Star medals. Mr. Hickam served six years on active duty, leaving the service
with the rank of Captain; and
Whereas, After returning
from his service in Vietnam, Homer Hickam began his writing career in 1969. His
first book, Torpedo Junction (1989), was a military history best seller
published in 1989 by the Naval Institute Press; and
Whereas, Homer Hickam is a
New York Times #1 best-selling author of several books that bring honor to the
great State of West Virginia and its citizens, including, The Coalwood Way, Sky
of Stone, We Are Not Afraid, Red Helmet, his latest international best seller,
Carrying Albert Home and his classic, Rocket Boys, which is one of the most
read books in the United States school system and was the basis for the major
motion picture October Sky; and
Whereas, In addition to his
career as an author, Homer Hickam was employed as an engineer for the U. S. Army
Missile Command from 1971 to 1981 assigned to Huntsville, Alabama, and Germany.
He began employment with the National Aeronautics and Space Administration at
Marshall Space Flight Center in 1981 as an aerospace engineer. During his NASA
career, Mr. Hickam worked in spacecraft design and crew training. His
specialties at NASA included training astronauts on science payloads and
extravehicular activities. He also trained astronaut crews for many Spacelab
and Space Shuttle missions, including the Hubble Space Telescope deployment
mission, the first two Hubble repair missions, Spacelab-J (the first Japanese
astronauts), and the Solar Max repair mission. Prior to his retirement in 1998,
Mr. Hickam was the Payload Training Manager for the International Space Station
Program; and
Whereas, Homer Hickam is
the recipient of the Appalachian Heritage Writer?s Award for his memoirs and
fiction, holds an honorary Doctorate of Literature from Marshall University and
is a proud Knight of the Golden Horseshoe, which demonstrates his knowledge of
West Virginia history; and
Whereas, From growing up in
McDowell County, West Virginia, to the present day, Homer Hickam has had many
amazing life experiences, including carrying the Olympic torch, teaching David
Letterman to scuba dive, flying with General Chuck Yeager and training NASA
astronauts for SpaceLab and SkyLab missions; and
Whereas, Homer Hickam
returns to West Virginia each year where he participates in the annual Rocket
Boys Festival held in Beckley and has supported this, and various other
charitable endeavors, through the years for West Virginia; therefore, be it
Resolved by the
That the Senate hereby
recognizes West Virginia native Homer Hickam, United States Army veteran, famed
author and dedicated public servant; and, be it
Further Resolved, That the Senate hereby extends its sincere gratitude and
appreciation to Homer Hickam for representing and promoting the great State of
West Virginia at his numerous personal and media appearances all over the
world; and, be it
Further Resolved, That the Clerk is hereby
directed to forward a copy of this resolution to Homer Hickam.
At the request of Senator
On motion of Senator Ferns, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and, at the request
of Senator Ferns, and by unanimous consent, returned to the fourth order of
business.
Senator
Your Committee on
Senate Bill 684 (originating in the Committee on
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
?
??? Chair.
The Senate proceeded to the
Senate Concurrent Resolution
43, Eugene Lee ?Gene?
Burner Memorial Bridge.
On unfinished business, coming up in regular order, was reported by the
Clerk and referred to the Committee on
Senate Concurrent Resolution
44, Tug Valley Students
Memorial Bridge.
On unfinished business, coming up in regular order, was reported by the
Clerk and referred to the Committee on
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub.
for Senate Bill 290, Authorizing
operators of distillery or mini-distillery offer for purchase and consumption
of liquor on Sundays.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair, Boley, Boso,
Clements, Cline, Ferns, Hall, Jeffries, Karnes, Mann, Maroney, Maynard, Miller,
Mullins, Palumbo, Plymale, Prezioso, Rucker, Stollings, Swope, Sypolt, Takubo,
Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?28.
The nays were: Azinger, Gaunch, Ojeda and Smith?4.
Absent: Facemire and Romano?2.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
Eng. Senate Bill 608, Clarifying lawful business structures are
unaffected by enactment of prohibitory legislation.
On third reading, coming up in regular order, was read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Azinger, Beach, Blair, Boley,
Boso, Clements, Cline, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney,
Maynard, Miller, Mullins, Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings,
Swope, Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr.
President)?31.
The nays were: Ojeda?1.
Absent: Facemire and Romano?2.
So, a majority of all the members present and voting having voted in the
affirmative, the President declared the bill (Eng.
Senator
On this question, the yeas were: Azinger, Beach, Blair, Boley, Boso,
Clements, Cline, Ferns, Gaunch, Hall, Jeffries, Karnes, Mann, Maroney, Maynard,
Miller, Mullins, Palumbo, Plymale, Prezioso, Rucker, Smith, Stollings, Swope,
Sypolt, Takubo, Trump, Unger, Weld, Woelfel and Carmichael (Mr. President)?31.
The nays were: Ojeda?1.
Absent: Facemire and Romano?2.
So, two thirds of all the members elected to the Senate having voted in
the affirmative, the President declared the bill (Eng.
Ordered, That The Clerk communicate to the House of Delegates the action of the
Senate
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for
Senate Bill 27, Relating to
microprocessor permit.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for Senate Bill 36, Permitting school nurses to possess and
administer opioid antagonists.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for Senate Bill 216,
Permitting exclusion,
modification or limitation of warranties in sale of used motor vehicles.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Palumbo, the following
amendment to the bill was reported by the Clerk:
On page
(e) Motor vehicles offered for sale as-is may not constitute more than
twenty-five percent of a dealer?s inventory offered for sale to the general
public.
Following discussion,
Senator
The Chair replied that any impact on Senator
The question now being on the adoption of Senator Palumbo's
amendment to the bill, the same was put and did not prevail.
The bill (Com. Sub. for S. B. 216), was then
ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for
Senate Bill 219, Relating
to conspiracy to commit crimes under Uniform Controlled Substances Act.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for
Senate Bill 341, Establishing
WV business growth in low-income communities tax credit.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Senate Bill 468, Removing restrictions on where traditional
lottery games may be played.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for Senate Bill 480,
Authorizing local
government adopt energy efficiency partnership programs.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Senate Bill 547, Modifying fees paid to Secretary of State.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Com. Sub. for Senate Bill 548,
Providing for specific
escheat of US savings bonds.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Senate Bill 564, Relating to Statewide Independent Living
Council.
On second reading, coming up in regular order, was read a second time
and ordered to engrossment and third reading.
Eng. House Bill 2300, Regulating step therapy protocols.
On second reading, coming up in regular order, was read a second time
and ordered to third reading.
Eng. Com. Sub. for House Bill
2447, Renaming the Court of
Claims the state Claims Commission.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
By striking out everything after the enacting section and inserting in
lieu thereof the following:
ARTICLE
2. CLAIMS AGAINST THE STATE.
?14-2-3. Definitions.
For the purpose of this
article:
?Court? means the state
Court of Claims established by section four of this article.
?Commission? means the West
Virginia Legislative Claims Commission established by section four of this
article.
?Claim? means a claim
authorized to be heard by the court commission in accordance with
this article.
?Approved claim? means a
claim found by the court commission to be one that should be paid
under the provisions of this article.
?Award? means the amount
recommended by the court commission to be paid in satisfaction of
an approved claim.
?Clerk? means the clerk of
the Court of Claims West Virginia Legislative Claims Commission.
?State agency? means a
state department, board, commission, institution, or other administrative
agency of state government: Provided, That a ?state agency? shall not be
considered to include county courts commissions, county boards of
education, municipalities, or any other political or local subdivision of the
state regardless of any state aid that might be provided.
?14-2-4. Creation of
Court of Claims Court of Claims to be continued and renamed the West
Virginia Legislative Claims Commission; appointment and terms of judges
commissioners; vacancies.
The ?Court of Claims? is
hereby created renamed the West Virginia Legislative Claims
Commission. It shall consist of three judges commissioners,
to be appointed by the President of the Senate and the Speaker of the House of
Delegates, by and with the advice and consent of the Senate, one of whom
shall be appointed presiding judge commissioner. The judges of the
Court of Claims sitting on the effective date of the amendments to this article
enacted during the 2017 Regular Session of the Legislature will continue their
existing terms as commissioners. Each appointment to the court commission
shall be made from a list of three qualified nominees furnished by the Board of
Governors of the West Virginia State Bar. The President of the Senate and
the Speaker of the House of Delegates may jointly terminate the appointment of
any commissioner appointed under this section at any time.
The terms of the judges
of this court commissioners shall be six years. except that the
first members of the court commission shall be appointed as follows: One judge
for two years, one judge for four years and one judge for six years. As these
appointments expire, all appointments shall be for six year terms Not more
than two of the judges commissioners shall be of the same
political party. An appointment to fill a vacancy shall be for the unexpired
term.
?14-2-4a. Interim judges
commissioners.
(a) If at any time two or
more of the judges commissioners appointed under section four of
this article are temporarily unable, due to illness or other incapacity, to
perform their responsibilities the President of the Senate and the Speaker of
the House of Delegates may appoint one or two interim judges commissioners
to serve under the conditions specified in this section.
(b) Appointments made under
this section are temporary. An interim judge commissioner serves
under this section until the judge commissioner for whom the
interim judge commissioner is temporarily replacing can resume
his or her duties. In no event may the interim judge commissioner
serve for more than three months unless reappointed.
(c) Appointments made under
this section shall be made from a list furnished to the President of the Senate
and the Speaker of the House of Delegates by the Board of Governors of the West
Virginia State Bar. The Board of Governors of the West Virginia State Bar shall
annually, on or before January 15, submit a list of twenty qualified nominees. In
two thousand four, the list shall be submitted before April 1
(d) An interim judge
commissioner:
(1) Is entitled to the same
compensation and expense reimbursement a judge commissioner is
entitled to under the provisions of section eight of this article;
(2) Shall take the oath of
office as required in section nine of this article;
(3) Has all the authority
given to a judge commissioner under this article; and
(4) Is required to possess
the qualifications required of a judge commissioner in section
ten of this article.
(e) The President of the
Senate and the Speaker of the House of Delegates may jointly terminate the
appointment of any interim judge commissioner appointed under
this section at any time.
?14-2-5. Court Commission
clerk and other personnel.
The court The President of the Senate and the Speaker of the
House of Delegates may appoint a clerk, chief deputy clerk and deputy
clerks. The salaries of the clerk, the chief deputy clerk and the deputy clerks
shall be fixed by the Joint Committee on Government and Finance, and shall be
paid out of the regular appropriation for the court commission.
The clerk shall have custody of and maintain all records and proceedings of the
court commission, shall attend meetings and hearings of the court
commission, shall administer oaths and affirmations and shall issue all
official summonses, subpoenas, orders, statements and awards. The chief deputy
clerk or another deputy clerk shall act in the place and stead of the clerk in
the clerk?s absence.
The Joint Committee on
Government and Finance President of the Senate and the Speaker of the
House of Delegates may employ other persons whose services are necessary to
the orderly transaction of the business of the court commission
and fix their compensation.
?14-2-7. Meeting place
of the court commission.
The regular meeting place
of the court commission shall be at the State Capitol, and the
Joint Committee on Government and Finance shall provide adequate quarters
therefor. When deemed advisable, In order to facilitate the full hearing
of claims arising elsewhere in the state, the court commission
may convene at any county seat or other location in the state, including a
correctional institution: Provided, That the court commission
will make reasonable efforts to meet in appropriate public or private buildings
in keeping with the dignity and decorum of the State.
?14-2-8. Compensation of
judges commissioners; expenses.
Each judge of the court
commissioner shall receive $210 for each day actually served and
expenses incurred in the performance of his or her duties paid at the same per
diem rate as members of the Legislature: Provided, That the chief
judge presiding commissioner shall receive an additional $50 for
each day actually served. In addition to the expense per diem, each commissioner
may, when using his or her own vehicle, be reimbursed for mileage. at the
mileage rate equal to the amount paid by the travel management office of the
Department of Administration The number of days served by each judge
commissioner shall not exceed one hundred twenty in any fiscal year,
except by authority of the Joint Committee on Government and Finance President
of the Senate and the Speaker of the House of Delegates: Provided,
That in computing the number of days served, days utilized solely for the
exercise of duties assigned to judges and commissioners by this
article and the provisions of article two-a of this chapter shall be
disregarded. For the purpose of this section, time served shall include time
spent in the hearing of claims, in the consideration of the record, in the
preparation of opinions and in necessary travel.
?14-2-9. Oath of office.
Each judge commissioner
shall before entering upon the duties of his or her office, take and
subscribe to the oath prescribed by section 5, article IV of the Constitution
of the State. The oath shall be filed with the clerk.
?14-2-10. Qualifications
of judges commissioners.
Each judge commissioner
appointed to the Court of Claims West Virginia Legislative Claims
Commission shall be an attorney at law, licensed to practice in this state,
and shall have been so licensed to practice law for a period of not less than
ten years prior to his or her appointment as judge commissioner.
A judge commissioner shall not be an officer or an employee of
any branch of state government, except in his or her capacity as a
member of the court commission and shall receive no other
compensation from the state or any of its political subdivisions. A judge
commissioner shall not hear or participate in the consideration of any
claim in which he or she is interested personally, either directly or
indirectly.
?14-2-11. Attorney General
to represent state.
Unless expressly exempted
in the code, the Attorney General shall represent the interests of the State in
all claims coming before the court commission.
?14-2-12. General powers
of the court commission.
The court commission
shall, in accordance with this article, consider claims which, but for the Constitutional
immunity of the state from suit, or for some statutory restrictions,
inhibitions or limitations, could be maintained in the regular courts of the
state. No liability shall be imposed upon the state or any state agency by a
determination of the Court of Claims commission approving a claim
and recommending an award, unless the claim is;: (1) Made under
an existing appropriation, in accordance with section nineteen of this article;
or (2) a claim under a special appropriation, as provided in section twenty of
this article. The court commission shall consider claims in
accordance with the provisions of this article.
Except as is otherwise
provided in this article, a claim shall be instituted by the filing of notice
with the clerk. In accordance with rules promulgated by the court commission,
each claim shall be considered by the court commission as a whole,
or by a judge commissioner sitting individually, and if, after
consideration, the court commission finds that a claim is just
and proper, it shall so determine and shall file with the clerk a brief
statement of its reasons. A claim so filed shall be an approved claim. The court
commission shall also determine the amount that should be paid to the
claimant, and shall itemize this amount as an award, with the reasons therefor,
in its statement filed with the clerk. In determining the amount of a claim,
interest shall not be allowed unless the claim is based upon a contract which
specifically provides for the payment of interest.
?14-2-13. Jurisdiction
of the court commission.
The jurisdiction of the court
commission, except for the claims excluded by section fourteen, shall
extend to the following matters:
(1) Claims and demands,
liquidated and unliquidated, ex contractu and ex delicto, against the state or
any of its agencies, which the state as a sovereign commonwealth should in
equity and good conscience discharge and pay; and
(2) Claims and demands,
liquidated and unliquidated, ex contractu and ex delicto, which may be asserted
in the nature of set-off or counterclaim on the part of the state or any state
agency.
?14-2-14. Claims
excluded.
The jurisdiction of the court
commission shall not extend to any claim:
1. For loss, damage, or
destruction of property or for injury or death incurred by a member of the
militia or National Guard when in the service of the state.
2. For a disability or
death benefit under chapter twenty-three of this code.
3. For unemployment
compensation under chapter twenty-one-a of this code.
4. For relief or public
assistance under chapter nine of this code.
5. With respect to which a
proceeding may be maintained against the state, by or on behalf of the claimant
in the courts of the state.
?14-2-15. Rules of
practice and procedure.
The court commission
shall adopt and may from time to time amend rules of procedure, in accordance
with the provisions of this article, governing proceedings before the court
commission. Rules shall be designed to assure a simple, expeditious and
inexpensive consideration of claims. Rules shall permit a claimant to appear in
his or her own behalf or be represented by counsel.
Discovery may be used in a
case pending before the court commission in the same manner that
discovery is conducted pursuant to the Rules of Civil Procedure for trial
courts of record, Rules 26 through 36. The court commission may
compel discovery and impose sanctions for a failure to make discovery, in the
same manner as a court is authorized to do under the provisions of Rule 37 of
the Rules of Civil Procedure for trial courts of record: Provided, That
the Court of Claims commission shall not find a person in
contempt for failure to comply with an order compelling discovery.
The court commission,
upon its own motion or upon motion of a party, may strike a pleading, motion or
other paper which: (1) Is not well-grounded in fact; (2) is not warranted by
existing law, or is not based on a good faith argument for the extension,
modification, or reversal of existing law; or (3) is interposed for any
improper purpose, such as to harass or to cause unnecessary delay or needless
increase in costs. An order striking a pleading, motion, or paper may include
an order to pay to the other party or parties the amount of the reasonable
expenses incurred because of the filing of the pleading, motion, or other paper,
including a reasonable attorney?s fee.
Under its rules, the court
commission shall not be bound by the usual common law or statutory rules
of evidence. The court commission may accept and weigh, in
accordance with its evidential value, any information that will assist the court
commission in determining the factual basis of a claim.
?14-2-16. Regular
procedure.
The regular procedure for
the consideration of claims shall be substantially as follows:
(1) The claimant shall give
notice to the clerk that he or she desires to maintain a claim. Notice shall be
in writing and shall be in sufficient detail to identify the claimant, the
circumstances giving rise to the claim, and the state agency concerned, if any.
The claimant shall not otherwise be held to any formal requirement of notice.
(2) The clerk shall
transmit a copy of the notice to the state agency concerned. The state agency
may deny the claim, or may request a postponement of proceedings to permit
negotiations with the claimant. If the court commission finds
that a claim is prima facie within its jurisdiction, it shall order the claim
to be placed upon its regular docket for hearing.
(3) During the period of
negotiations and pending hearing, the state agency, represented by the Attorney
General, shall, if possible, reach an agreement with the claimant regarding the
facts upon which the claim is based so as to avoid the necessity for the
introduction of evidence at the hearing. If the parties are unable to agree
upon the facts an attempt shall be made to stipulate the questions of fact in
issue.
(4) The court commission
shall so conduct the hearing as to disclose all material facts and issues of
liability and may examine or cross-examine witnesses. The court commission
may call witnesses or require evidence not produced by the parties; the court
commission may call expert witnesses and compensate those experts for
their services in an amount not to exceed $3,500 per expert; the court commission
may stipulate the questions to be argued by the parties; and the court commission
may continue the hearing until some subsequent time to permit a more complete
presentation of the claim.
(5) After the close of the
hearing the court commission shall consider the claim and shall
conclude its determination, if possible, within sixty days.
?14-2-17. Shortened
procedure.
The shortened procedure
authorized by this section shall apply only to a claim possessing all of the
following characteristics:
1. The claim does not arise
under an appropriation for the current fiscal year.
2. The state agency
concerned concurs in the claim.
3. The amount claimed does
not exceed $1,000 $3,000.
4. The claim has been
approved by the Attorney General as one that, in view of the purposes of this
article, should be paid.
The state agency concerned
shall prepare the record of the claim consisting of all papers, stipulations
and evidential documents required by the rules of the court commission
and file the same with the clerk. The court commission shall
consider the claim informally upon the record submitted. If the court commission
determines that the claim should be entered as an approved claim and an award
made, it shall so order and shall file its statement with the clerk. If the court
commission finds that the record is inadequate, or that the claim should
not be paid, it shall reject the claim. The rejection of a claim under this
section shall not bar its resubmission under the regular procedure.
?14-2-19. Claims under
existing appropriations.
A claim arising under an
appropriation made by the Legislature during the fiscal year to which the
appropriation applies, and falling within the jurisdiction of the court commission,
may be submitted by:
1. A claimant whose claim
has been rejected by the state agency concerned or by the State Auditor.
2. The head of the state
agency concerned in order to obtain a determination of the matters in issue.
3. The State Auditor in
order to obtain a full hearing and consideration of the merits.
When such submittal is made,
the clerk shall give a copy of the submittal to the Joint Committee on
Government and Finance. If the Joint Committee on Government and Finance shall
so direct, the clerk shall place such claim on its docket. Upon its placement
on the docket, the regular procedure, so far as applicable, shall govern the
consideration of the claim by the court commission.
If the court commission finds that the claimant should be paid,
it shall certify the approved claim and award to the head of the appropriate
state agency, the State Auditor and to the Governor. The Governor may thereupon
instruct the Auditor to issue his or her warrant in payment of the award and to
charge the amount thereof to the proper appropriation. The Auditor shall
forthwith notify the state agency that the claim has been paid. Such an
expenditure shall not be subject to further review by the Auditor upon any
matter determined and certified by the court commission.
?14-2-20. Claims under
special appropriations.
Whenever the Legislature
makes an appropriation for the payment of claims against the state, then
accrued or arising during the ensuing fiscal year, the determination of claims
and the payment thereof may be made in accordance with this section. However,
this section shall apply only if the Legislature in making its appropriation
specifically so provides and only after specific direction to hear the claim is
given by the Joint Committee on Government and Finance.
The claim shall be
considered and determined by the regular or shortened procedure, as the case
may be, and the amount of the award shall be fixed by the court commission.
The clerk shall certify each approved claim and award, and requisition relating
thereto, to the Auditor. The Auditor thereupon shall issue his or her warrant to
the Treasurer in favor of the claimant. The Auditor shall issue his or her
warrant without further examination or review of the claim except for the
question of a sufficient unexpended balance in the appropriation.
?14-2-21. Periods of
limitation made applicable.
The court commission
shall not take jurisdiction of any claim, whether accruing before or after the
effective date of this article (July 1, 1967), unless notice of such claim be
filed with the clerk within such period of limitation as would be applicable
under the pertinent provisions of the Code of West Virginia, 1931, as amended,
if the claim were against a private person, firm or corporation and the
Constitutional immunity of the state from suit were not involved and such
period of limitation may not be waived or extended. The foregoing provision
shall not be held to limit or restrict the right of any person, firm or
corporation who or which had a claim against the state or any state agency,
pending before the Attorney General on the effective date of this article (July
1, 1967), from presenting such claim to the Court of Claims West
Virginia Legislative Claims Commission, nor shall it limit or restrict the
right to file such a claim which was, on the effective date of this article (July
1, 1967), pending in any court of record as a legal claim and which, after
such date was or may be adjudicated in such court to be invalid as a claim
against the state because of the Constitutional immunity of the state from
suit.
?14-2-22. Compulsory
process.
In all hearings and
proceedings before the court commission, the evidence and
testimony of witnesses and the production of documentary evidence may be
required. Subpoenas may be issued by the court commission for
appearance at any designated place of hearing. In case of disobedience to a
subpoena or other process, the court commission may invoke the
aid of any circuit court in requiring the evidence and testimony of witnesses,
and the production of books, papers and documents. Upon proper showing, the
circuit court shall issue an order requiring witnesses to appear before the Court
of Claims West Virginia Legislative Claims Commission; produce books,
papers and other evidence; and give testimony touching the matter in question.
A person failing to obey the order may be punished by the circuit court as for
contempt.
?14-2-23. Inclusion of
awards in budget.
The clerk shall certify to
the department of finance and administration, on or before November 20, of each
year, a list of all awards recommended by the court commission to
the Legislature for appropriation. The clerk may certify supplementary lists to
the Governor to include subsequent awards made by the court commission.
The Governor shall include all awards so certified in his or her
proposed budget bill transmitted to the Legislature. Any other provision of
this article or of law to the contrary notwithstanding, the clerk shall not
certify any award which has been previously certified.
?14-2-24. Records to be
preserved.
The record of each claim
considered by the court commission, including all documents,
papers, briefs, transcripts of testimony and other materials, shall be
preserved by the clerk for a period of ten years from the date of entry of the court?s
commission?s last order and shall be made available to the Legislature
or any committee thereof for the reexamination of the claim. When any such
documents, papers, briefs, transcripts and other materials have been so
preserved by the clerk for such ten-year period, the same shall be transferred
to the state records administrator for preservation or disposition in
accordance with the provisions of article eight, chapter five-a of this code
without cost, either to the court commission or the Legislature.
?14-2-25. Reports of the
court commission.
The clerk shall be the
official reporter of the court commission. He or she shall
collect and edit the approved claims, awards and statements, shall prepare them
for submission to the Legislature in the form of an annual report and shall
prepare them for publication.
Claims and awards shall be
separately classified as follows:
(1) Approved claims and
awards not satisfied but referred to the Legislature for final consideration
and appropriation.
(2) Approved claims and
awards satisfied by payments out of regular appropriations.
(3) Approved claims and
awards satisfied by payment out of a special appropriation made by the
Legislature to pay claims arising during the fiscal year.
(4) Claims rejected by the court
commission with the reasons therefor.
The court commission
may include any other information or recommendations pertaining to the
performance of its duties.
The court commission
shall transmit its annual report to the presiding officer of each house of the
Legislature, and a copy shall be made available to any member of the
Legislature upon request therefor. The reports of the court commission
shall be published biennially by the clerk as a public document. The biennial
report shall be filed with the clerk of each house of the Legislature, the
Governor and the Attorney General.
?14-2-26. Fraudulent
claims.
A person who knowingly and
willfully presents or attempts to present a false or fraudulent claim, or a
state officer or employee who knowingly and willfully participates or assists
in the preparation or presentation of a false or fraudulent claim, shall be
guilty of a misdemeanor. A person convicted, in a court of competent
jurisdiction, of violation of this section shall be fined not more than $1,000
or imprisoned confined for not more than one year, or both, in
the discretion of such court. If the convicted person is a state officer or
employee, he or she shall, in addition, forfeit his or her office
or position of employment, as the case may be.
?14-2-27. Conclusiveness
of determination.
Any final determination
against the claimant on any claim presented as provided in this article shall
forever bar any further claim in the court commission arising out
of the rejected claim
?14-2-28. Award as
condition precedent to appropriation.
(a) It is the policy of the
Legislature to make no appropriation to pay any claims against the state,
cognizable by the court commission, unless the claim has first
been passed upon by the court commission.
(b) Because a decision of
the court commission is a recommendation to the Legislature based
upon a finding of moral obligation, and the enactment process of passage of
legislation authorizing payments of claims recommended by the court commission
is at legislative discretion, no right of appeal exists to findings and award
recommendations of the Court of Claims West Virginia Legislative
Claims Commission and they are not subject to judicial review.
article 2a. compensation awards to victims of crimes.
?14-2A-5. Jurisdiction.
Any judge commissioner
of the Court of Claims West Virginia Legislative Claims Commission
individually, or the Court of Claims West Virginia Legislative Claims
Commission en banc, or any Court of Claims commissioner appointed
pursuant to section six of this article, shall have jurisdiction to approve
awards of compensation arising from criminally injurious conduct, in accordance
with the provisions of this article, if satisfied by a preponderance of the
evidence that the requirements for an award of compensation have been met.
?14-2A-6. Appointment
and Compensation of commissioners and judges serving under this
article.
(a) The Court of Claims
with the approval of the President of the Senate and the Speaker of the House
of Delegates, may appoint Court of Claims commissioners to hear claims for
awards of compensation and to approve awards of compensation pursuant to the
provisions of this article. Each commissioner shall serve at the pleasure of
the Court of Claims and under the supervision of the judges of the Court of
Claims.
(b) The Court of Claims
shall fix the compensation of the Court of Claims commissioners in an amount
not exceeding the compensation for judges of the Court of Claims Compensation of judges and commissioners for
services performed under this article, and actual expenses incurred in the
performance of duties as judges and commissioners under this article,
shall be paid out of the crime victims compensation fund.
(c) The limitation
period of one hundred days in section eight, article two of this chapter
pertaining to time served by the judges of the Court of Claims shall not apply
to the provisions of this article.
?14-2A-9. Claim
investigators; compensation and expenses; paralegals and support staff.
The Court of Claims West
Virginia Legislative Claims Commission, with the approval of the President of
the Senate and the Speaker of the House of Delegates, is hereby authorized
to hire not more than four claim investigators to be employed within the Office
of the clerk of the State West Virginia Legislative Claims
Commission, who shall carry out the functions and duties set forth in
section twelve of this article. Claim investigators shall serve at the pleasure
of the Court of Claims President of the Senate and the Speaker of the
House of Delegates and under the administrative supervision of the Clerk of
the Court of Claims West Virginia Legislative Claims Commission.
The compensation of claim investigators shall be fixed by the court President
of the Senate and the Speaker of the House of Delegates, and such
compensation, together with travel, clerical and other expenses of the Clerk of
the Court of Claims West Virginia Legislative Claims Commission
relating to a claim investigator carrying out his or her duties under this
article, including the cost of obtaining reports required by the investigator
in investigating a claim, shall be payable from the crime victims compensation
fund as appropriated for such purpose by the Legislature.
The Court of Claims West
Virginia Legislative Claims Commission, with the approval of the President of
the Senate and the Speaker of the House of Delegates, is hereby authorized
to hire as support staff such paralegal or paralegals and secretary or
secretaries to be employed within the Office of the Clerk of the Court of
Claims West Virginia Legislative Claims Commission, necessary to
carry out the functions and duties of this article. Such support staff shall
serve at the will and pleasure of the Court of Claims West Virginia
Legislative Claims Commission and under the administrative supervision of
the Clerk of the Court of Claims West Virginia Legislative Claims
Commission.
?14-2A-10. Filing of
application for compensation award; contents.
(a) A claim for an award of
compensation shall be commenced by filing an application for an award of
compensation with the clerk of the Court of Claims West Virginia
Legislative Claims Commission. The application shall be in a form prescribed
by the clerk of the Court of Claims West Virginia Legislative Claims
Commission and shall contain the information specified in subdivisions (1)
through (6) of this subsection and, to the extent possible, the information in
subdivisions (7) through (10) of this subsection:
(1) The name and address of
the victim of the criminally injurious conduct, the name and address of the
claimant and the relationship of the claimant to the victim;
(2) The nature of the
criminally injurious conduct that is the basis for the claim and the date on
which the conduct occurred;
(3) The law-enforcement
agency or officer to whom the criminally injurious conduct was reported and the
date on which it was reported;
(4) Whether the claimant is
the spouse, parent, child, brother or sister of the offender, or is similarly
related to an accomplice of the offender who committed the criminally injurious
conduct;
(5) A release authorizing
the Court of Claims, the Court of Claims commissioners West Virginia
Legislative Claims Commission and the claim investigator to obtain any
report, document or information that relates to the determination of the claim
for an award of compensation;
(6) If the victim is
deceased, the name and address of each dependent of the victim and the extent
to which each is dependent upon the victim for care and support;
(7) The nature and extent
of the injuries that the victim sustained from the criminally injurious conduct
for which compensation is sought, the name and address of any person who gave
medical treatment to the victim for the injuries, the name and address of any
hospital or similar institution where the victim received medical treatment for
the injuries, and whether the victim died as a result of the injuries;
(8) The total amount of the
economic loss that the victim, a dependent or the claimant sustained or will
sustain as a result of the criminally injurious conduct, without regard to the
financial limitation set forth in subsection (g), section fourteen of this
article;
(9) The amount of benefits
or advantages that the victim, a dependent or other claimant has received or is
entitled to receive from any collateral source for economic loss that resulted
from the criminally injurious conduct, and the name of each collateral source;
(10) Any additional
relevant information that the Court of Claims West Virginia
Legislative Claims Commission may require. The Court of Claims West
Virginia Legislative Claims Commission may require the claimant to submit,
with the application, materials to substantiate the facts that are stated in
the application.
(b) All applications for an
award of compensation shall be filed within two years after the occurrence of
the criminally injurious conduct that is the basis of the application. Any
application so filed which contains the information specified in subdivisions
(1) through (6), subsection (a) of this section may not be excluded from
consideration on the basis of incomplete information specified in subdivisions
(7) through (10) of said subsection if such information is completed after
reasonable assistance in the completion thereof is provided under procedures
established by the Court of Claims West Virginia Legislative Claims
Commission.
(c) A person who knowingly
and willfully presents or attempts to present a false or fraudulent application,
or who knowingly and willfully participates, or assists in the preparation or
presentation of a false or fraudulent application, shall be guilty of a misdemeanor.
A person convicted, in a court of competent jurisdiction, of a violation of
this section shall be fined not more than $1,000 or
imprisoned for not more than one year, or both, in the discretion of such
court. If the convicted person is a state officer or employee, he or she
shall, in addition, forfeit his or her office or position of employment,
as the case may be.
?14-2A-11. Procedure for
filing of application.
The clerk of the Court
of Claims West Virginia Legislative Claims Commission shall
establish a procedure for the filing, recording and processing of applications
for an award of compensation.
?14-2A-12. Investigation
and recommendations by claim investigator.
(a) The clerk of the Court
of Claims West Virginia Legislative Claims Commission shall transmit
a copy of the application to the claim investigator within seven days after the
filing of the application.
(b) The claim investigator,
upon receipt of an application for an award of compensation from the clerk of
the Court of Claims West Virginia Legislative Claims Commission,
shall investigate the claim. After completing the investigation, the claim
investigator shall make a written finding of fact and recommendation concerning
an award of compensation. He or she shall file with the clerk the finding of
fact and recommendation and all information or documents that he or she used in
his or her investigation: Provided, That the claim investigator shall
not file information or documents which have been the subject of a protective
order entered under the provisions of subsection (c) of this section.
(c) The claim investigator,
while investigating the claim, may require the claimant to supplement the
application for an award of compensation with any further information or
documentary materials, including any medical report readily available, which
may lead to any relevant facts aiding in the determination of whether, and the
extent to which, a claimant qualifies for an award of compensation.
The claim investigator,
while investigating the claim, may also require law-enforcement officers and
prosecuting attorneys employed by the state or any political subdivision
thereof, to provide him or her with reports, information, witness statements or
other data gathered in the investigation of the criminally injurious conduct
that is the basis of any claim to enable him or her to determine whether, and
the extent to which, a claimant qualifies for an award of compensation. The
prosecuting attorney and any officer or employee of the prosecuting attorney or
of the law-enforcement agency shall be immune from any civil liability that
might otherwise be incurred as the result of providing such reports,
information, witness statements or other data relating to the criminally
injurious conduct to the claim investigator.
The claim investigator,
while investigating the claim, may obtain autopsy reports including results
from the Office of the State Medical Examiner to be used solely for determining
eligibility for compensation awards.
Upon motion of any party,
court or agency from whom such reports, information, witness statements or
other data is sought, and for good cause shown, the court may make any order
which justice requires to protect a witness or other person, including, but not
limited to, the following: (1) That the reports, information, witness
statements or other data not be made available; (2) that the reports,
information, witness statements or other data may be made available only on
specified terms and conditions, including a designation of time and place; (3)
that the reports, information, witness statements or other data be made
available only by a different method than that selected by the claim
investigator; (4) that certain matters not be inquired into, or that the scope
of the claim investigator?s request be limited to certain matters; (5) that the
reports, information, witness statements or other data be examined only by
certain persons designated by the court; (6) that the reports, information,
witness statements or other data, after being sealed, be opened only by order
of the court; and (7) that confidential information or the identity of
confidential witnesses or informers not be disclosed, or disclosed only in a
designated manner.
However, in any case
wherein the claim investigator has reason to believe that his or her
investigation may interfere with or jeopardize the investigation of a crime by
law-enforcement officers, or the prosecution of a case by prosecuting attorneys,
he or she shall apply to the Court of Claims West Virginia Legislative
Claims Commission, or a judge commissioner thereof, for an
order granting leave to discontinue his or her investigation for a reasonable
time in order to avoid such interference or jeopardization. When it appears to
the satisfaction of the court commission, or judge
commissioner, upon application by the claim investigator or in its own
discretion, that the investigation of a case by the claim investigator will
interfere with or jeopardize the investigation or prosecution of a crime, the court
commission, or judge commissioner, shall issue an order
granting the claim investigator leave to discontinue his or her investigation
for such time as the court commission, or judge commissioner,
deems reasonable to avoid such interference or jeopardization.
(d) The finding of fact
that is issued by the claim investigator pursuant to subsection (b) of this
section shall contain the following:
(1) Whether the criminally
injurious conduct that is the basis for the application did occur, the date on
which the conduct occurred and the exact nature of the conduct;
(2) If the criminally
injurious conduct was reported to a law-enforcement officer or agency, the date
on which the conduct was reported and the name of the person who reported the
conduct; or the reasons why the conduct was not reported to a law-enforcement
officer or agency; or the reasons why the conduct was not reported to a
law-enforcement officer or agency within seventy-two hours after the conduct
occurred;
(3) The exact nature of the
injuries that the victim sustained as a result of the criminally injurious
conduct;
(4) If the claim
investigator is recommending that an award be made, a specific itemization of
the economic loss that was sustained by the victim, the claimant or a dependent
as a result of the criminally injurious conduct;
(5) If the claim
investigator is recommending that an award be made, a specific itemization of
any benefits or advantages that the victim, the claimant or a dependent has
received or is entitled to receive from any collateral source for economic loss
that resulted from the conduct;
(6) Whether the claimant is
the spouse, parent, child, brother or sister of the offender, or is similarly
related to an accomplice of the offender who committed the criminally injurious
conduct;
(7) Any information which
might be a basis for a reasonable reduction or denial of a claim because of
contributory misconduct of the claimant or of a victim through whom he or she
claims;
(8) Any additional
information that the claim investigator deems to be relevant to the evaluation
of the claim.
(e) The recommendation that
is issued by the claim investigator pursuant to subsection (b) of this section
shall contain the following:
(1) Whether an award of
compensation should be made to the claimant and the amount of the award;
(2) If the claim
investigator recommends that an award not be made to the claimant, the reason
for his or her decision.
(f) The claim investigator
shall file his or her finding of fact and recommendation with the clerk within
six months after the filing of the application: Provided, That where
there is active criminal investigation or prosecution of the person or persons
alleged to have committed the criminally injurious conduct which is the basis
for the claimant?s claim, the claim investigator shall file his or her finding
of fact and recommendation within six months after the first of any final
convictions or other final determinations as to innocence or guilt, or any
other final disposition of criminal proceedings. In any case, an additional
time period may be provided by order of any Court of Claims judge or
commissioner upon good cause shown.
?14-2A-13. Notice to
claimant of claim investigator?s recommendation; evaluation of claim by judge
or commissioner.
(a) The clerk of the Court
of Claims West Virginia Legislative Claims Commission, upon receipt
of the claim investigator?s finding of fact and recommendation, shall forward a
copy of the finding of fact and recommendation to the claimant with a notice
informing the claimant that any response, in the form of objections or comments
directed to the finding of fact and recommendation, must be filed with the
clerk within thirty days of the date of the notice. After the expiration of
such thirty-day period, the clerk shall assign the claim to a judge or
commissioner. of the court.
(b) The judge or
commissioner to whom the claim is assigned shall review the finding of fact and
recommendation and any response submitted by the claimant and, if deemed
appropriate, may request the claim investigator to comment in writing on the
claimant?s response. The judge or commissioner shall, within forty-five
days after assignment by the clerk, evaluate the claim without a hearing and
either deny the claim or approve an award of compensation to the claimant.
?14-2A-14. Grounds for
denial of claim or reduction of awards; maximum awards.
(a) Except as provided in
subsection (b), section ten of this article, the judge or commissioner
may not approve an award of compensation to a claimant who did not file his or
her application for an award of compensation within two years after the date of
the occurrence of the criminally injurious conduct that caused the injury or
death for which he or she is seeking an award of compensation.
(b) The judge or
commissioner may not approve an award of compensation if the criminally
injurious conduct upon which the claim is based was not reported to a
law-enforcement officer or agency or, in the case of sexual offense, the
claimant did not undergo a forensic medical examination, within ninety-six
hours after the occurrence of the conduct, unless it is determined that good
cause existed for the failure to report the conduct or undergo a forensic
medical examination within the 96-hour period: Provided, That no
reporting to a law-enforcement officer or agency or a forensic medical
examination is required if the claimant is a juvenile in order for a judge
or commissioner to approve an award of compensation.
(c) The judge or commissioner
may not approve an award of compensation to a claimant who is the offender or
an accomplice of the offender who committed the criminally injurious conduct,
nor to any claimant if the award would unjustly benefit the offender or his or
her accomplice.
(d) A judge or
commissioner, upon a finding that the claimant or victim has not fully
cooperated with appropriate law-enforcement agencies or the claim investigator,
may deny a claim, reduce an award of compensation or reconsider a claim already
approved.
(e) A judge or
commissioner may not approve an award of compensation if the injury occurred
while the victim was confined in any state, county or regional jail, prison,
private prison or correctional facility.
(f) After reaching a
decision to approve an award of compensation, but prior to announcing the
approval, the judge or commissioner shall require the claimant to submit
current information as to collateral sources on forms prescribed by the Clerk
of the Court of Claims West Virginia Legislative Claims Commission.
The judge or commissioner shall reduce an award of compensation or deny
a claim for an award of compensation that is otherwise payable to a claimant to
the extent that the economic loss upon which the claim is based is or will be
recouped from other persons, including collateral sources, or if the reduction
or denial is determined to be reasonable because of the contributory misconduct
of the claimant or of a victim through whom he or she claims. If an award is
reduced or a claim is denied because of the expected recoupment of all or part
of the economic loss of the claimant from a collateral source, the amount of
the award or the denial of the claim shall be conditioned upon the claimant?s
economic loss being recouped by the collateral source: Provided, That if
it is thereafter determined that the claimant will not receive all or part of
the expected recoupment, the claim shall be reopened and an award shall be
approved in an amount equal to the amount of expected recoupment that it is
determined the claimant will not receive from the collateral source, subject to
the limitation set forth in subsection (g) of this section.
(g) (1) Except in the case
of death, or as provided in subdivision (2) of this subsection, compensation
payable to a victim and to all other claimants sustaining economic loss because
of injury to that victim may not exceed $35,000 in the aggregate. Compensation
payable to all claimants because of the death of the victim may not exceed $50,000
in the aggregate.
(2) In the event the victim?s
personal injuries are so severe as to leave the victim with a disability, as
defined in Section 223 of the Social Security Act, as amended, as codified in
42 U. S. C. ?423, the court commission may award an additional
amount, not to exceed $100,000, for special needs attributable to the injury.
(h) If an award of
compensation of $5,000 or more is made to a minor, a guardian shall be
appointed pursuant to the provisions of article ten, chapter forty-four of this
code to manage the minor?s estate.
?14-2A-15. Hearings.
(a) If either the claim
investigator or the claimant disagrees with the approval of an award or the
denial of a claim in the summary manner set forth in the preceding sections of
this article, the claim investigator or the claimant, or both, shall file with
the clerk a request for hearing. Such request shall be filed within twenty-one
days after notification by the judge or commissioner of his or her
decision.
(b) Upon receipt of a
request for hearing, the clerk shall place the claim upon the regular docket
of the court set a date and time for hearing, shall advise the
Attorney General and the claimant of the receipt of the request and docketing
of the claim, and shall request the Attorney General to commence negotiations
with the claimant.
(c) During the period of
negotiations and pending hearing, the Attorney General, shall, if possible,
reach an agreement with the claimant regarding the facts upon which the claim
is based so as to avoid the necessity for the introduction of evidence at the
hearing. If the parties are unable to agree upon the facts, an attempt shall be
made to stipulate the questions of fact in issue.
(d) The hearing held in
accordance with this section shall be before a single judge or
commissioner to whom the claim has not been previously assigned. Hearings
before a judge or commissioner may, in the discretion of such hearing
officer, be held at such locations throughout the state as will facilitate the
appearance of the claimant and witnesses.
(e) The hearing shall be
conducted so as to disclose all material facts and issues. The judge or
commissioner may examine or cross-examine witnesses. The judge and
commissioner may call witnesses or require evidence not produced by the
parties; may stipulate the questions to be argued by the parties; and may
continue the hearing until some subsequent time to permit a more complete
presentation of the claim.
(f) After the close of the
hearing the judge or commissioner shall consider the claim and shall
conclude his or her determination, if possible, within thirty days.
(g) The court commission
shall adopt and may from time to time amend rules of procedure to govern
proceedings before the court commission in accordance with the
provisions of this article. The rules shall be designed to assure a simple,
expeditious and inexpensive consideration of claims. The rules shall permit a
claimant to appear in his or her own behalf or be represented by counsel
and provide for interests of the state to be represented by the Attorney
General in any hearing under this section at no additional cost to the fund or
the state.
Under its rules, the court
commission shall not be bound by the usual common law or statutory rules
of evidence. The court commission may accept and weigh, in
accordance with its evidential value, any information that will assist the court
commission in determining the factual basis of a claim.
?14-2A-16. Evidence.
(a) There is no privilege,
except the privilege arising from the attorney-client relationship, as to
communications or records that are relevant to the physical, mental or emotional
condition of the claimant or victim in a proceeding under this article in which
that condition is an element.
(b) If the mental, physical
or emotional condition of a victim or claimant is material to a claim for an
award of compensation, the court, judge commission or a
commissioner may order the victim or claimant to submit to a mental or physical
examination by a physician or psychologist, and may order an autopsy of a
deceased victim. The order may be made for good cause shown and upon notice to
the person to be examined and to the claimant and the claim investigator. The
order shall specify the time, place, manner, conditions and scope of the
examination or autopsy and the person by whom it is to be made, and shall
require the person who performs the examination or autopsy to file with the
clerk of the Court of Claims West Virginia Legislative Claims
Commission a detailed written report of the examination or autopsy. The
report shall set out the findings, including the results of all tests made,
diagnosis, prognosis and other conclusions and reports of earlier examinations
of the same conditions. On request of the person examined, the clerk of the Court
of Claims West Virginia Legislative Claims Commission shall furnish
him or her a copy of the report. If the victim is deceased, the clerk of
the Court of Claims West Virginia Legislative Claims Commission,
on request, shall furnish the claimant a copy of the report.
(c) The court, or a
judge commission, or a commissioner thereof, may order
law-enforcement officers employed by the State or any political subdivision
thereof to provide it or the claim investigator with copies of any information
or data gathered in the investigation of the criminally injurious conduct that
is the basis of any claim to enable it to determine whether, and the extent to
which, a claimant qualifies for an award of compensation.
(d) The court, judge
commission or a commissioner thereof, may require the claimant to
supplement the application for an award of compensation with any reasonably
available medical or psychological reports relating to the injury for which the
award of compensation is claimed.
(e) The court, judge
commission or a commissioner thereof, or the claim investigator, in a
claim arising out of a violation of article eight-b, chapter sixty-one of this
code, shall not request the victim or the claimant to supply any evidence of
specific instances of the victim?s activity, or reputation evidence of the
victim?s sexual activity, unless it involves evidence of the victim?s past
sexual activity with the offender, and then only to the extent that the court,
the judge, the commissioner or the claim investigator finds that the
evidence is relevant to a fact at issue in the claim.
(f) Notwithstanding any provision
of this code to the contrary relating to the confidentiality of juvenile
records, the Court of Claims West Virginia Legislative Claims
Commission, a judge or a commissioner thereof, or the claim
investigator shall have access to the records of juvenile proceedings which
bear upon an application for compensation under this article. The Court of
Claims West Virginia Legislative Claims Commission, a judge
or a commissioner thereof, and the claim investigator, shall, to the
extent possible, maintain the confidentiality of juvenile records.
?14-2A-17. Contempt
sanction not available.
If a person refuses to
comply with an order under this article, or asserts a privilege, except
privileges arising from the attorney-client relationship, so as to withhold or
suppress evidence relevant to a claim for an award of compensation, the court,
judge commission or a commissioner thereof may make
any just order, including denial of the claim, but shall not find the person in
contempt. If necessary to carry out any of his or her powers and duties,
the claim investigator may petition the Court of Claims West Virginia
Legislative Claims Commission for an appropriate order, including an order
authorizing the investigator to take the depositions of witnesses by oral
examination or written interrogatory, but the Court of Claims West
Virginia Legislative Claims Commission shall not find a person in contempt
for refusal to submit to a mental or physical examination.
?14-2A-18. Effect of no
criminal charges being filed or conviction of offender.
The court, or a judge
commission or a commissioner thereof, may approve an award of
compensation whether or not any person is convicted for committing the conduct
that is the basis of the award. The filing of a criminal charge shall be a
prerequisite for receipt of compensation unless it is determined that no charges
were filed due to the identity of the perpetrator being unknown: Provided, That
no criminal charges need be filed if: (1) The claimant is an adult at the time
the conduct giving rise to the claim occurred and no criminal charges were
filed for reasons other than the desire of the claimant and a law-enforcement
agency confirms that the available evidence supports a finding that a crime
occurred; or (2) the claimant was a juvenile at the time the conduct giving
rise to the claim occurred. Proof of conviction of a person whose conduct gave
rise to a claim is conclusive evidence that the crime was committed, unless an
application for rehearing, an appeal of the conviction or certiorari is pending,
or a rehearing or new trial has been ordered.
The court, or a judge
commission or a commissioner thereof, shall suspend, upon a
request of the claim investigator, the proceedings in any claim for an award of
compensation pending disposition of a criminal prosecution that has been
commenced or is imminent.
?14-2A-19. Attorney and
witness fees.
(a) By separate order, the court,
or a judge commission or a commissioner thereof, shall
determine and award reasonable attorney?s fees, commensurate with services
rendered and reimbursement for reasonable and necessary expenses actually
incurred shall be paid from the Crime Victims Compensation Fund to the attorney
representing a claimant in a proceeding under this article at the same rates as
set forth in section thirteen-a, article twenty-one, chapter twenty-nine of
this code. Attorney?s fees and reimbursement may be denied upon a finding that
the claim or appeal is frivolous. Awards of attorney?s fees and reimbursement
shall be in addition to awards of compensation, and attorney?s fees and
reimbursement may be awarded whether or not an award of compensation is
approved. An attorney shall not contract for or receive any larger sum than the
amount allowed under this section. In no event may a prosecuting attorney or
assistant prosecuting attorney represent any victim seeking compensation under
this article.
(b) Each witness called by
the court commission to appear in a hearing on a claim for an
award of compensation shall receive compensation and expenses in an amount
equal to that received by witnesses in civil cases as provided in section
sixteen, article one, chapter fifty-nine of this code to be paid from the Crime
Victims Compensation Fund.
?14-2A-19a. Effect on
physician, hospital and healthcare providers filing an assignment of benefits;
tolling of the statute of limitations.
(a) As part of the order,
the court, or a judge commission or a commissioner thereof,
shall determine whether fees are due and owing for health care services rendered
by a physician, hospital or other health care provider stemming from an injury
received as defined under this article, and further, whether or not the
physician, hospital or other health care provider has been presented an
assignment of benefits, signed by the crime victim, authorizing direct payments
of benefits to the health care provider. If such fees are due and owing and the
health care provider has presented a valid assignment of benefits, the court,
or a judge commission or a commissioner thereof, shall
determine the amount or amounts and shall cause such reasonable fees to be paid
out of the amount awarded the crime victim under this article directly to the
physician, hospital or other health care provider. The requirements of this
section shall be applicable to, and any such unpaid fees shall be determined
and payable from, the awards made by the Legislature at regular session, one
thousand nine hundred eighty-seven 1987, and subsequently: Provided,
That when a claim is filed under this section, the court commission
shall determine the total damages due the crime victim, and where the total
damages exceed the maximum amount which may be awarded under this article, the
amount paid the health care provider shall be paid in the same proportion to which
the actual award bears to the total damages determined by the court commission.
In any case wherein an award is made which includes an amount for funeral,
cremation or burial expenses, or a combination thereof, the court commission
shall provide for the payment directly to the provider or providers of such
services, in an amount deemed proper by the court commission,
where such expenses are unpaid at the time of the award.
(b) If the health care
provider has filed an assignment of benefits, the provider shall aid the crime
victim in the development of his or her claim by providing the court commission
with the amount of such fees as well as the amount of any portion of the fees
paid the provider by the crime victim directly or paid the provider for the crime
victim by a collateral source.
(c) Whether or not a health
care provider has filed an assignment of benefits, the court commission
shall disclose no information regarding the status of the claim to the
provider: Provided, That the court commission shall
promptly notify the provider of the final disposition of the claim, if the
provider is known to the court commission.
(d) Whenever a person files
a claim under this article, the statute of limitations for the collection of
unpaid fees paid for such health care services shall be tolled during the
pendency of the claim before the court commission.
?14-2A-19b. Rates and
limitations for health care services.
The court commission
may establish by court rule or court order maximum rates and
service limitations for reimbursement of health care services rendered by a
physician, hospital, or other health care provider. An informational copy of
the maximum rates and service limitations shall be filed with the Joint
Committee on Government and Finance upon adoption by the court commission.
Any change in the maximum rates or service limitations shall be effective sixty
days after the adoption of the changes. A provider who accepts payment from the
court commission for a service shall accept the court?s commission?s
rates as payment in full and may not accept any payment on account of the
service from any other source if the total of payments accepted would exceed
the maximum rate set by the court commission for that service. A
provider may not charge a claimant for any difference between the cost of a
service provided to a claimant and the court?s commission?s
payment for that service. To ensure service limitations are uniform and
appropriate to the levels of treatment required by the claimant, the court
commission may review all claims for these services as necessary to
ensure their medical necessity.
?14-2A-20. Budget
preparation; procedure for payment of claims.
(a) The Legislative Auditor
shall submit to the Department of Administration, on or before November 20, of
each year, an anticipated budget for the Crime Victims Compensation Program
provided in this article for the next fiscal year, which shall include:
(1) An estimate of the
balance and receipts anticipated in the Crime Victims Compensation Fund;
(2) Amounts anticipated to
be sufficient for the payment of all administrative expenses necessary for the
administration of this article; and
(3) Amounts anticipated to
be sufficient for the payment of awards, attorney fees, witness fees and other
authorized fees, costs or expenses that may arise under this article during the
next fiscal year.
(b) The Governor shall
include in his or her proposed budget bill and revenue estimates the amounts
submitted by the Legislative Auditor under subsection (a) of this section.
(c) The clerk shall certify
each authorized award and the amount of the award and make requisition upon the
Crime Victims Compensation Fund to the Auditor. Notwithstanding any provision
of chapter twelve of this code to the contrary, the Auditor shall issue a
warrant to the Treasurer without further examination or review of the claim if
there is a sufficient unexpended balance in the Crime Victims Compensation
Fund.
(d) The court commission
may provide that payment be made to a claimant or to a third party for economic
losses of the claimant and the order may provide an award for the payment for
actual economic losses which are prospective as well as those which have
already been incurred.
?14-2A-21. Annual report
of Court of Claims West Virginia Legislative Claims Commission.
The Court of Claims West
Virginia Legislative Claims Commission shall prepare and transmit annually
to the Governor and the Legislature a report of the activities of the Court
of Claims West Virginia Legislative Claims Commission under this
article. The report shall include the number of claims filed, the number of
awards made and the amount of each award, and a statistical summary of claims
and awards made and denied; the balance in the Crime Victims Compensation Fund
with a listing by source and amount of the moneys that have been deposited in
the fund; the amount that has been withdrawn from the fund, including separate
listings of the administrative costs incurred by the Court of Claims West
Virginia Legislative Claims Commission, compensation of judges,
commissioners and court commission personnel, the amount awarded
as attorneys? fees.
?14-2A-25. Publicity.
(a) The clerk of the Court
of Claims West Virginia Legislative Claims Commission shall prepare
an information brochure for the benefit of the general public, outlining the
rights of claimants and procedures to be followed under this article. Copies of
such brochure shall be distributed to law-enforcement agencies in the state,
and be made available to other interested persons.
(b) Any law-enforcement
agency that investigates an offense committed in this state involving personal
injury shall make reasonable efforts to provide information to the victim of
the offense and his or her dependents concerning the availability of an
award of compensation and advise such persons that an application for an award
of compensation may be obtained from the clerk of the Court of Claims West
Virginia Legislative Claims Commission.
?14-2A-26. Rules and
regulations Rule-making.
(a) The Court of Claims
West Virginia Legislative Claims Commission may promulgate rules and
regulations to implement the provisions of this article.
(b) The Court of Claims
West Virginia Legislative Claims Commission shall promulgate rules and
regulations to govern the award of compensation to the spouse of, person living
in the same household with, parent, child, brother or sister of the offender or
his or her accomplice in order to avoid an unjust benefit to or the
unjust enrichment of the offender or his or her accomplice.
?14-2A-28.
Retroactive effect of amendments.
Amendments made to the provisions of this article during the regular
session of the Legislature in the year one thousand nine hundred eighty-four
1984, shall be of retroactive effect to the extent that such amended
provisions shall apply to all cases pending before the Court of Claims West
Virginia Legislative Claims Commission on the effective date of the act of
the Legislature which effects such amendment.
The bill
Eng. House Bill 2766, Establishing a new special revenue fund,
designated the Adult Drug Court Participation Fund.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Hall, the following amendment to the bill was
reported by the Clerk and adopted:
On page
The bill
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were
each read a first time and ordered to second reading:
Com. Sub. for Senate Bill 243,
Relating to domestic
relations.
Com. Sub. for Senate Bill 288,
Increasing penalty for
crime of child abuse causing death by parent, guardian, custodian or other
person.
Com. Sub. for Com. Sub. for
Senate Bill 339, Creating
Legislative Coalition on Chronic Pain Management.
Com. Sub. for Com. Sub. for
Senate Bill 360, Creating
Legislative Coalition on Diabetes Management.
And,
Com. Sub. for Senate Bill 398,
Creating Emergency
Volunteer Health Practitioners Act.
The Senate proceeded to the
On motion of Senator Ferns, leaves of absence for the day were granted
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator
____________