WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE
REGULAR SESSION, 2015
FIFTY-FOURTH DAY
____________
Charleston, W. Va., Sunday, March 8, 2015
The Senate met at 5 p.m.
(Senator Cole, Mr. President, in the Chair.)
Prayer was offered by Honorable Mike Hall, a senator from the fourth district, and Pastor, New River Presbytery, Pliny, West Virginia.
The Senate was then led in recitation of the Pledge of Allegiance by the Honorable Tom Takubo, a senator from the seventeenth district.
Pending the reading of the Journal of Friday, March 6, 2015,
On motion of Senator Williams, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 351, Relating to charitable organization contribution levels requiring independent audit reports.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 374, Permitting in absentia parole hearings in certain instances.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 375, Specifying who receives parole hearing notices via regular or certified mail.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 472, Making supplementary appropriation to DOT, DMV, Motor Vehicle Fees Fund.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 475, Making supplementary appropriation to DMAPS, Division of Corrections, Parolee Supervision Fees, and WV State Police, Motor Vehicle Inspection Fund.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 507, Relating to monitoring inmates' electronic communications.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 50, Providing for issuance of refunding bonds pursuant to Safe Roads Amendment of 1966.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. House Bill No. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates E. Nelson, Anderson and Boggs.
Executive Communications
Senator Cole (Mr. President) laid before the Senate the following communication from His Excellency, the Governor:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 6, 2015
The Honorable William P. Cole III
President, West Virginia Senate
The Honorable Tim Armstead
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear President Cole and Speaker Armstead:
After the submission of my recommended FY 2016 Executive Budget on January 14, 2015, and my first adjustment letter on January 22, 2015, there have been a few areas that require adjustments, and therefore, pursuant to Section 51, Article VI of the Constitution of the State of West Virginia, I submit additional revisions to the FY 2016 Budget Bill for the TITLE II -- APPROPRIATIONS as follows:
Section 1. Appropriations from general revenue.
Executive
Governor’s Office, Fund 0101, Fiscal Year 2016, Org 0100
(To move GO HELP funding to the Department of Health and Human Resources and to restore budget reductions.)
●Decrease “GO HELP” Appropriation 11600 by $241,571.
●Increase “Current Expenses” Appropriation 13000 by $599,600.
Department of Administration
Department of Administration - Office of the Secretary, Fund 0186, Fiscal Year 2016, Org 0201
(To adjust the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $46,824.
●Decrease “Financial Advisor” Appropriation 30400 by $100,000.
Division of Finance, Fund 0203, Fiscal Year 2016, Org 0209
(To adjust the budget reduction due to vacancies.)
●Decrease “Personal Services and Employee Benefits” Appropriation 00100 by $7,235.
●Decrease “Current Expenses” Appropriation 13000 by $30,000.
●Increase “GAAP Project” Appropriation 12500 by $14,032.
Division of General Services, Fund 0230, Fiscal Year 2016, Org 0211
(To adjust the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $95,349.
Division of Purchasing, Fund 0210, Fiscal Year 2016, Org 0213
(To adjust the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $102,829.
●Decrease “Current Expenses” Appropriation 13000 by $50,000.
Travel Management, Fund 0615, Fiscal Year 2016, Org 0215
(To adjust the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $154,936.
●Decrease “Repairs and Alterations” Appropriation 06400 by $200,000.
Commission on Uniform State Laws, Fund 0214, Fiscal Year 2016, Org 0217
(To adjust the budget reduction due to vacancies.)
●Decrease “Current Expenses” Appropriation 13000 by $1,000.
West Virginia Public Employees Grievance Board, Fund 0220, Fiscal Year 2016, Org 0219
(To adjust the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $1,823.
Ethics Commission, Fund 0223, Fiscal Year 2016, Org 0220
(To adjust the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $30,651.
Public Defender Services, Fund 0226, Fiscal Year 2016, Org 0221
(To adjust the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $94,785.
●Decrease “Public Defender Corporations” Appropriation 35200 by $120,967.
Committee for the Purchase of Commodities and Services from the Handicapped, Fund 0233, Fiscal Year 2016, Org 0224
(To adjust the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $1,104.
●Decrease “Current Expenses” Appropriation 13000 by $1,000.
West Virginia Prosecuting Attorneys Institute, Fund 0557, Fiscal Year 2016, Org 0228
(To adjust the budget reduction due to vacancies.)
●Increase “Forensic Medical Examinations” Appropriation 68300 by $736.
●Increase “Federal Funds/Grant Match” Appropriation 74900 by $1,533.
Children’s Health Insurance Agency, Fund 0588, Fiscal Year 2016, Org 0230
(To move the Children’s Health Insurance Agency to the Department of Health and Human Resources in accordance with Senate Bill No. 262.)
●Decrease “Personal Services and Employee Benefits” Appropriation 00100 by $110,992.
●Decrease “Current Expenses” Appropriation 13000 by $9,379,734.
●Decrease “Autism Spectrum Disorder Coverage” Appropriation 85600 by $497,035.
Real Estate Division, Fund 0610, Fiscal Year 2016, Org 0233
(To adjust the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $145.
●Decrease “Current Expenses” Appropriation 13000 by $35,617.
Department of Commerce
West Virginia Development Office, Fund 0256, Fiscal Year 2016, Org 0307
(To combine the National Coal Heritage Area Authority and the Coal Heritage Highway Authority in accordance with House Bill No. 2227.)
●Delete the directive language from “Highway Authorities” Appropriation 43100 “$85,239 is for Coal Heritage Highway Authority;”.
●Increase the directive language from “Highway Authorities” Appropriation 43100 for the Coal Heritage Area Authority by $85,239.
Division of Natural Resources, Fund 0265, Fiscal Year 2016, Org 0310
(To provide funding for the increase in minimum wage.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 for $500,000.
Department of Education
State Board of Education - School Lunch Program, Fund 0303, Fiscal Year 2016, Org 0402
(To adjust the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $24,801.
●Decrease “Unclassified” Appropriation 09900 by $24,801.
State Board of Education - State Department of Education, Fund 0313, Fiscal Year 2016, Org 0402
(To adjust the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $150,000.
●Decrease “21st Century Learners” Appropriation 88600 by $150,000.
State Board of Education - Aid for Exceptional Children, Fund 0314, Fiscal Year 2016, Org 0402
(To adjust the budget reduction to maintain federal maintenance of effort.)
●Increase “Special Education - Institutions” Appropriation 16000 by $389,443.
State Board of Education - State Aid to Schools, Fund 0317, Fiscal Year 2016, Org 0402
(To adjust School Aid Formula based on latest estimates.)
●Decrease “Transportation” Appropriation 15400 by $3,789,007.
●Increase “Improved Instructional Programs” Appropriation 15600 by $1,300,228.
●Increase “21st Century Strategic Technology Learning Growth” Appropriation 93600 by $2,600,457.
●Increase “Less Local Share” line by $12,486,259 from ($443,582,379) to ($456,068,638).
State Board of Education - West Virginia Schools for the Deaf and the Blind, Fund 0320, Fiscal Year 2016, Org 0403
(To adjust the budget reduction to maintain federal maintenance of effort.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $500,000.
Department of Education and the Arts
Educational Broadcasting Authority, Fund 0300, Fiscal Year 2016, Org 0439
(To adjust the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $63,825.
●Decrease “Current Expenses” Appropriation 13000 by $63,825.
State Board of Rehabilitation - Division of Rehabilitation Services, Fund 0310, Fiscal Year 2016, Org 0932
(To adjust the budget reduction to maintain federal maintenance of effort.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $500,000.
Department of Health and Human Resources
Department of Health and Human Resources - Office of the Secretary, Fund 0400, Fiscal Year 2016, Org 0501
(To move funding for GO HELP from the Governor’s Office.)
● Increase “Personal Services and Employee Benefits” Appropriation 00100 by $212,720.
● Increase “Unclassified” Appropriation 09900 by $2,506.
● Increase “Current Expenses” Appropriation 13000 by $26,345.
Division of Human Services, Fund 0403, Fiscal Year 2016, Org 0511
(To increase the appropriation for Medical Services and to move the Children’s Health Insurance Agency to the Department of Health and Human Resources in accordance with Senate Bill No. 262.)
● Increase “Medical Services” Appropriation 18900 by $9,145,000.
● Add “Autism Spectrum Disorder Coverage” Appropriation 85600 for $497,035.
● Add “CHIP Administrative Costs” Appropriation 85601 for $112,064.
●Add “CHIP Services” Appropriation 85602 for $9,379,734.
Department of Military Affairs and Public Safety
Department of Military Affairs and Public Safety - Office of the Secretary, Fund 0430, Fiscal Year 2016, Org 0601
(To restore the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $911.
●Increase “Fusion Center” Appropriation 46900 by $19,128.
●Increase “Homeland State Security Administrative Agency” Appropriation 95300 by $48,609.
Division of Homeland Security and Emergency Management, Fund 0443, Fiscal Year 2016, Org 0606
(To adjust the budget reduction to maintain federal maintenance of effort.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $82,634.
●Increase “Radiological Emergency Preparedness” Appropriation 55400 by $11,652.
●Increase “Federal Funds/Grant Match” Appropriation 74900 by $139,625.
●Increase “Mine and Industrial Accident Rapid Response Call Center” Appropriation 78100 by $93,113.
●Increase “Early Warning Flood System” Appropriation 87700 by $35,723.
Division of Corrections - Correctional Units, Fund 0450, Fiscal Year 2016, Org 0608
(To adjust reappropriation language.)
● Add following to the end of the reappropriation language “...with the exception of fund 0450, fiscal year 2015, appropriation 13000 ($8,000,000) and fund 0450, fiscal year 2015, appropriation 53500 ($3,000,000) which shall expire on June 30, 2015.”
Division of Protective Services, Fund 0585, Fiscal Year 2016, Org 0622
(To restore the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $132,533.
Department of Revenue
Tax Division Fund 0470, Fiscal Year 2016, Org 0702
(To adjust reappropriation language.)
● Add following to the end of the reappropriation language “...with the exception of fund 0470, fiscal year 2015, appropriation 00100 ($1,000,000) which shall expire on June 30, 2015.”
Department of Transportation
Aeronautics Commission, Fund 0582, Fiscal Year 2016, Org 0807
(To restore the budget reduction due to vacancies.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $23,279.
Bureau of Senior Services
Bureau of Senior Services, Fund 0420, Fiscal Year 2016, Org 0508
(To move part of the appropriation for Title XIX Waiver from the Lottery Fund.)
● Increase “Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens” Appropriation 53900 by $150,000.
Section 3. Appropriations from other funds.
Executive
Auditor’s Office - Local Government Purchasing Card Expenditure Fund, Fund 1224, Fiscal Year 2016, Org 1200
(To add language relating to statutory revenue distributions.)
● Add the language “There is hereby appropriated from this fund, in addition to the above appropriations if needed, the amount necessary to meet the transfer and revenue distribution requirements to provide a proportionate share of rebates back to the general fund of local governments based on utilization of the program in accordance with W.Va. Code §6-9-2b.”
Department of Education and the Arts
State Board of Rehabilitation - Division of Rehabilitation Services - West Virginia Rehabilitation Center Special Account, Fund 8664, Fiscal Year 2016, Org 0932
(To adjust the appropriations to add an appropriation for equipment.)
● Decrease “Current Expenses” Appropriation 13000 by $220,000.
● Add “Equipment” Appropriation 00700 for $220,000.
Department of Health and Human Resources
Division of Human Services - Medical Services Trust Fund, Fund 5185, Fiscal Year 2016, Org 0511
(To adjust the appropriation due to the reduced transfer from the Revenue Shortfall Reserve Fund.)
● Decrease “Medical Services” Appropriation 18900 by $9,145,000.
Department of Revenue
Office of the Secretary - Revenue Shortfall Reserve Fund, Fund 7005, Fiscal Year 2016, Org 0701
(To reduce the transfer to the Medical Services Trust Fund now funded from General Revenue.)
● Decrease “Medical Services Trust Fund - Transfer” Appropriation 51200 by $9,145,000.
Department of Transportation
Division of Motor Vehicles - Motor Vehicle Fees Fund, Fund 8223, Fiscal Year 2016, Org 0802
(To continue an increase in special revenue spending authority from supplemental appropriation bill.)
● Increase “Personal Services and Employee Benefits” Appropriation 00100 by $184,000.
● Increase “Current Expenses” Appropriation 13000 by $2,000,000.
● Add “Equipment” Appropriation 00700 for $75,000.
Section 4. Appropriations from lottery net profits.
Department of Commerce
West Virginia Development Office - Division of Tourism, fund 3067, Fiscal Year 2016, Org 0304
(To restore the budget reduction due to vacancies.)
● Increase “Tourism - Operations” Appropriation 66200 by $150,000.
Bureau of Senior Services
Bureau of Senior Services - Lottery Senior Citizens Fund, Fund 5405, Fiscal Year 2016, Org 0508
(To adjust the appropriation for Title XIX Waiver moved to General Revenue.)
● Decrease “Transfer to Division of Human Services for Health Care and Title XIX Waiver for Senior Citizens” Appropriation 53900 by $150,000.
Section 6. Appropriations of federal funds.
Executive
Department of Agriculture - State Conservation Committee, Fund 8783, Fiscal Year 2016, Org 1400
(To continue an increase in federal spending authority from supplemental appropriation bill.)
● Increase “Current Expenses” Appropriation 13000 by $12,382,910.
Department of Administration
Children’s Health Insurance Agency, Fund 8838, Fiscal Year 2016, Org 0230
(To move the Children’s Health Insurance Agency to the Department of Health and Human Resources in accordance with Senate Bill No. 262.)
●Decrease “Personal Services and Employee Benefits” Appropriation 00100 by $533,752.
●Decrease “Current Expenses” Appropriation 13000 by $47,422,974.
Department of Commerce
Division of Natural Resources, Fund 8707, Fiscal Year 2016, Org 0310
(To increase federal spending authority for improvements at Wildlife Management Areas.)
●Increase “Repairs and Alterations” Appropriation 06400 by $100,000.
●Increase “Equipment” Appropriation 07000 by $250,000.
●Increase “Other Assets” Appropriation 69000 by $700,000.
Department of Health and Human Resources
Division of Human Services, Fund 8722, Fiscal Year 2016, Org 0511
(To move the Children’s Health Insurance Agency to the Department of Health and Human Resources in accordance with Senate Bill No. 262.)
●Add “CHIP Administrative Costs” Appropriation 85601 for $533,752.
●Add “CHIP Services” Appropriation 85602 for $47,422,974.
Miscellaneous Boards and Commissions
National Coal Heritage Area Authority, Fund 8869, Fiscal Year 2016, Org 0941
(To combine the National Coal Heritage Area Authority and the Coal Heritage Highway Authority in accordance with House Bill No. 2227.)
●Increase “Personal Services and Employee Benefits” Appropriation 00100 by $47,059.
●Increase “Current Expenses” Appropriation 13000 by $152,941.
Coal Heritage Highway Authority, Fund 8861, Fiscal Year 2016, Org 0942
(To combine the National Coal Heritage Area Authority and the Coal Heritage Highway Authority in accordance with House Bill No. 2227.)
●Decrease “Personal Services and Employee Benefits” Appropriation 00100 by $47,059.
●Decrease “Current Expenses” Appropriation 13000 by $152,941.
Section 8. Awards for claims against the state.
Amend the language to read as follows:
“There are hereby appropriated for fiscal year 2016, from the fund as designated, in the amounts as specified, general revenue funds in the amount of $203,331, special revenue funds in the amount of $747,870, and state road funds in the amount of $730,433 for payment of claims against the state.”
Section 9. Appropriations from lottery net profits surplus accrued.
Bureau of Senior Services
Bureau of Senior Services - Lottery Senior Citizens Fund, Fund 5405, Fiscal Year 2016, Org 0508
(To adjust appropriation from surplus lottery revenue based on most recent estimates.)
● Decrease “Senior Services Medicaid Transfer - Lottery Surplus” Appropriation 68199 by $10,000,000.
Section 10. Appropriations from state excess lottery revenue surplus accrued.
Department of Health and Human Resources
Division of Human Services, Fund 5365, Fiscal Year 2016, Org 0511
(To adjust appropriation from surplus lottery revenue based on most recent estimates.)
● Increase “Medical Services - Lottery Surplus” Appropriation 68100 by $10,000,000.
Thank you for your prompt attention of this matter. Your cooperation is always appreciated. Should you have any questions or require additional information, please call me at any time.
Sincerely,
Earl Ray Tomblin,
Governor.
Which communication was received and referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Maynard, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 6th day of March, 2015, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. No. 357), Creating Coal Jobs and Safety Act of 2015.
And,
(Com. Sub. for S. B. No. 361), Eliminating prevailing hourly wage requirement for construction of public improvements.
Respectfully submitted,
Mark R. Maynard,
Chair, Senate Committee.
John B. McCuskey,
Chair, House Committee.
Senator Trump, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2586, Allowing for an alternative form of service of process in actions against nonresident persons by petitioners seeking domestic violence or personal safety relief.
And has amended same.
And,
Eng. House Bill No. 2914, Providing for voluntary dissolution of resort area district.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Charles S. Trump IV,
Chair.
At the request of Senator Carmichael, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2586 and Eng. H. B. No. 2914) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report had been filed at 5:15 p.m. today:
Eng. House Bill No. 2576, Creating new code sections which separate the executive departments.
The Senate proceeded to the sixth order of business.
Senators Plymale, Gaunch, Yost and Stollings offered the following resolution:
Senate Concurrent Resolution No. 59--Requesting the Joint Committee on Government and Finance study how the accomplishments of the Luke Lee Listening, Language and Learning Lab at Marshall University could be expanded throughout the state in order to provide additional programs in West Virginia that help provide listening and spoken language outcomes to children with hearing loss.
Whereas, The Luke Lee Listening, Language and Learning Lab at Marshall University was founded in 2006 as the first preschool program in West Virginia providing listening and spoken language outcomes to children with hearing loss; and
Whereas, The Luke Lee Listening, Language and Learning Lab provides services to infants, toddlers, preschoolers and school-age children with hearing loss to allow them to mainstream into their home schools with age-level listening and spoken language skills to communicate with their hearing-aged peers; and
Whereas, The Luke Lee Listening, Language and Learning Lab uses hearing technology, including hearing aids and cochlear implants, to help teach deaf children to listen and speak; and
Whereas, The Luke Lee Listening, Language and Learning Lab has had great successes in reaching their goals and has shown itself as a program that should be expanded across the state to help deaf children in other areas of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance study how the accomplishments of the Luke Lee Listening, Language and Learning Lab at Marshall University could be expanded throughout the state in order to provide additional programs in West Virginia that help provide listening and spoken language outcomes to children with hearing loss; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2016, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 3, Requesting DOH name portion of Rt. 25 in Kanawha County "U. S. Army Sgt. James Lawrence Taylor Memorial Road".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 23, Requesting DOH name bridge in McDowell County "U. S. Army SFC Anthony Barton Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 42, Requesting DOH name bridge in Fayette County "Tygrett Brothers Seven Veterans Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 43, Requesting DOH name bridge in Nicholas County "U. S. Army SPC Richard Nesselrotte Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 44, Requesting DOH name bridge in Randolph County "U. S. Navy PO2 Robert Paul Laderach Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 45, Requesting DOH name bridge in Jackson County "James P. Spano, Jr., Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 54, Requesting DOH name stretch of road in Logan County "USMC LCpl Larry G. Williamson Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 55, Requesting DOH name section of road in Logan County "U. S. Army SP4 Terry Robert Albright Memorial Road".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 56, Requesting DOH name section of road in Logan County "U. S. Army Colonel Anna M. Butcher Road".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 57, Requesting Joint Committee on Government and Finance study public utility regulation by political subdivisions.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2053, Relating to the form of trust deeds.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 38. LIENS.
ARTICLE 1. VENDOR'S AND TRUST DEED LIENS.
§38-1-2. Form of deed of trust; memorandum of deed of trust may be recorded.
A trust deed deed of trust to secure debts or indemnify sureties may be in the following form or to the same effect: "This deed made the .......... day of ................, in the year ........, between .............................. (the grantor) of the one part, and .............................. (the trustee) of the other part, witnesseth: That the said ................... (the grantor) doth (or do) grant unto the said ....................... (the trustee) the following property (here describe it). In trust to secure (here describe the debts to be secured or the sureties to be indemnified, and insert covenants, or any other provisions the parties may agree upon). Witness the following signature."
In lieu of the recording of a deed of trust, there may be recorded with like effect a memorandum of the deed of trust, executed by all persons who are grantors under the deed of trust and acknowledged in the manner to entitle a conveyance to be recorded. A memorandum of deed of trust entitled to be recorded shall contain at least the following information with respect to the deed of trust: (1) The name and the address of each grantor, the name and the address of each trustee and the name and the address of each beneficiary as set forth in the deed of trust; (2) a reference to the indebtedness secured by the deed of trust including the amount of the indebtedness and the date the indebtedness was incurred or if the indebtedness is evidenced by a note or contract, the date the instrument was executed; (3) the date of execution of the deed of trust if different than the date the evidence of indebtedness was executed; (4) the date of maturity of the indebtedness; (5) the description of the real estate against which a lien is claimed to secure the indebtedness; (6) a title in compliance with subsection (b), section fourteen, article one, chapter thirty-eight of this code if the indebtedness is a line of credit; (7) a statement of whether advances are obligatory if the indebtedness is a line of credit; (8) provisions of the deed of trust regarding substitution of a trustee; (9) a summary of the applicable notice and publication requirements if there is a default; (10) whether the loan was originated or serviced pursuant to a program of the following agencies or organizations, and if so, any form number actually used: (a) Federal Housing Administration; (b) Veterans Administration; (c) Federal National Mortgage Association; (d) Federal Home Loan Administration; (e) United States Department of Agriculture; or (f) West Virginia Housing Development Fund; and (11) the name of the person from whom, upon written request from any interested party, the original deed of trust, or a copy thereof, may be obtained. The memorandum shall constitute notice of only the information contained therein but, as against creditors and purchasers, it is as valid as if the complete deed of trust were recorded on the date the memorandum is admitted to record. Prior to the commencement of any foreclosure or other execution of the deed of trust, the original deed of trust shall be recorded.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
ARTICLE 1. ACTS GENERALLY VOID AS TO CREDITORS AND PURCHASERS.
§40-1-9. Contracts, deeds and mortgages invalid as to creditors and purchasers until recorded.
Every such contract, every deed conveying any such estate or term, and every deed of gift, or trust deed deed of trust or memorandum of deed of trust pursuant to section two, article one, chapter thirty-eight of this code, or mortgage, conveying real estate shall be void, as to creditors, and subsequent purchasers for valuable consideration without notice, until and except from the time that it is duly admitted to record in the county wherein the property embraced in such contract, deed, trust deed deed of trust or memorandum of deed of trust or mortgage may be.
The bill (Eng. Com. Sub. for H. B. No. 2053), as amended, was then ordered to third reading.
Eng. House Bill No. 2100, Caregiver Advise, Record and Enable Act.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Health and Human Resources, was reported by the Clerk and adopted:
On page eight, section five, lines five through nine, by striking out all of subsection (b) and inserting in lieu thereof two new subsections, designated subsections (b) and (c), to read as follows:
(b) Nothing in this act shall be construed to create a private right of action against a hospital, hospital employee, a duly authorized agent of the hospital or any consultants or contractors with whom the hospital has a contractual relationship.
(c) A hospital, a hospital employee or any consultants or contractors with whom a hospital has a contractual relationship shall not be held liable in any way for services rendered or not rendered by the lay caregiver.
The bill (Eng. H. B. No. 2100), as amended, was then ordered to third reading.
Eng. House Bill No. 2272, Relating to the authority of the Board of Pharmacy.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2368, Relating to child welfare.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Carmichael, and by unanimous consent, the bill was advanced to third reading with the unreported Health and Human Resources committee amendment pending and the right for further amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 2432, Relating to the licensure requirements to practice pharmacist care.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2462, Relating to certain deposits of tax proceeds.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2505, Relating to retirement system participation and concurrent employment provisions.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2507, Relating to membership provisions in the West Virginia Municipal Police and Firefighters Retirement System.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2527, Creating a Task Force on Prevention of Sexual Abuse of Children; "Erin Merryn's Law".
On second reading, coming up in regular order, was read a second time.
At the request of Senator Trump, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the bill was withdrawn.
On motion of Senator Trump, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §49-2-8 and §49-2-12a, all to read as follows:
ARTICLE 2. STATE RESPONSIBILITIES FOR THE PROTECTION AND CARE OF CHILDREN.
§49-2-8. Task Force on Prevention of Sexual Abuse of Children.
(a) This section may be referred to as “Erin Merryn's Law”.
(b) The Task Force on Prevention of Sexual Abuse of Children is established. The task force consists of the following members:
(1) The Chair of the West Virginia Senate Committee on Health and Human Resources, or his or her designee;
(2) The Chair of the House of Delegates Committee on Health and Human Resources, or his or her designee;
(3) The Chair of the West Virginia Senate Committee on Education, or his or her designee;
(4) The Chair of the House of Delegates Committee on Education, or his or her designee;
(5) One citizen member appointed by the President of the Senate;
(6) One citizen member appointed by the Speaker of the House of Delegates;
(7) One citizen member, who is a survivor of child sexual abuse, appointed by the Governor;
(8) The President of the State Board of Education, or his or her designee;
(9) The State Superintendent of Schools, or his or her designee;
(10) The Secretary of the Department of Health and Human Resources, or his or her designee;
(11) The Director of the Prosecuting Attorney's Institute, or his or her designee;
(12) One representative of each statewide professional teachers' organization, each selected by the leader of his or her respective organization;
(13) One representative of the statewide school service personnel organization, selected by the leader of the organization;
(14) One representative of the statewide school principals' organization, appointed by the leader of the organization;
(15) One representative of the statewide professional social workers' organization, appointed by the leader of the organization;
(16) One representative of a teacher preparation program of a regionally accredited institution of higher education in the state, appointed by the Chancellor of the Higher Education Policy Commission;
(17) The Chief Executive Officer of the Center for Professional Development, or his or her designee;
(18) The Director of Prevent Child Abuse West Virginia, or his or her designee;
(19) The Director of the West Virginia Child Advocacy Network, or his or her designee;
(20) The Director of the West Virginia Coalition Against Domestic Violence, or his or her designee;
(21) The Director of the West Virginia Foundation for Rape Information and Services, or his or her designee;
(22) The Administrative Director of the West Virginia Supreme Court of Appeals, or his or her designee;
(23) The Executive Director of the West Virginia Sheriffs’ Association, or his or her designee;
(24) One representative of an organization representing law enforcement, appointed by the Superintendent of the West Virginia State Police; and
(25) One practicing school counselor appointed by the leader of the West Virginia School Counselors Association.
(c) To the extent practicable, members of the task force shall be individuals actively involved in the fields of child abuse and neglect prevention and child welfare.
(d) At the joint call of the House of Delegates and Senate Education Committee Chairs, the task force shall convene its first meeting and by majority vote of members present elect presiding officers. Subsequent meetings shall be at the call of the presiding officer.
(e) The task force shall make recommendations for decreasing incidence of sexual abuse of children in West Virginia. In making those recommendations, the task force shall:
(1) Gather information regarding sexual abuse of children throughout the state;
(2) Receive related reports and testimony from individuals, state and local agencies, community-based organizations, and other public and private organizations;
(3) Create goals for state education policy that would prevent sexual abuse of children;
(4) Create goals for other areas of state policy that would prevent sexual abuse of children; and
(5) Submit a report with its recommendations to the Governor and the Legislature.
(f) The recommendations may include proposals for specific statutory changes and methods to foster cooperation among state agencies and between the state and local governments. The task force shall consult with employees of the Bureau for Children and Family Services, the Division of Justice and Community Services, the West Virginia State Police, the State Board of Education, and any other state agency or department as necessary to accomplish its responsibilities under this section.
(g) Task force members serve without compensation and do not receive expense reimbursement.
§49-2-12a. Legislative findings and declaration of intent for goals for foster children.
(a) The Legislature finds and declares that the design and delivery of child welfare services should be directed by the principle that the health and safety of children should be of paramount concern and, therefore, establishes the goals for children in foster care. A child in foster care should have:
(1) Protection by a family of his or her own, and be provided readily available services and support through care of an adoptive family or by plan, a continuing foster family;
(2) Nurturing by foster parents who have been selected to meet his or her individual needs, and who are provided services and support, including specialized education, so that the child can grow to reach his or her potential;
(3) A safe foster home free of violence, abuse, neglect and danger;
(4) The ability to communicate with the assigned social worker or case worker overseeing the child's case and have calls made to the social worker or case worker returned within a reasonable period of time;
(5) Permission to remain enrolled in the school the child attended before being placed in foster care, if at all possible;
(6) Participation in school extracurricular activities, community events, and religious practices;
(7) Communication with the biological parents. Communication is necessary if the child placed in foster care receives any immunizations and if any additional immunizations are needed, if the child will be transitioning back into a home with his or her biological parents;
(8) A bank or savings account established in accordance with state laws and federal regulations;
(9) Identification and other permanent documents, including a birth certificate, social security card and health records by the age of sixteen, to the extent allowed by federal and state law;
(10) The use of appropriate communication measures to maintain contact with siblings if the child placed in foster care is separated from his or her siblings; and
(11) Meaningful participation in a transition plan for those phasing out of foster care.
(b) A person shall not have a cause of action against the state or any of its subdivisions, agencies, contractors, subcontractors, or agents, based upon the adoption of or failure to provide adequate funding for the achievement fo these goals by the Legislature. Nothing in this section requires the expenditure of funds to meet the goals established in this section, except funds specifically appropriated for that purpose.
(c) The West Virginia Department of Health and Human Resources shall propose rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code to ensure that a child has an effective means of being heard if he or she believes the goals of this section are not being met.
(d) When a child who was previously placed into foster care, but left the custody or guardianship of the department, is again placed into foster care, the department shall notify the foster parents who most recently cared for the child of the child’s availability for foster care placement to determine if the foster parents are desirous of seeking a foster care arrangement for the child. The arrangement may only be made if the foster parents are otherwise qualified or can become qualified to enter into the foster care arrangement with the department and if the arrangement is in the best interests of the child: Provided, That the department may petition the court to waive notification to the foster parents. This waiver may be granted, ex parte, upon a showing of compelling circumstances.
The bill (Eng. Com. Sub. for H. B. No. 2527), as amended, was then ordered to third reading.
Eng. House Bill No. 2535, Relating generally to suicide prevention training, "Jamie's Law".
On second reading, coming up in regular order, was read a second time.
On motion of Senator Sypolt, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page three, section forty, after the section caption, by inserting a new subsection, designated subsection (a), to read as follows:
(a) This section, section seven, article one-b, chapter eighteen-b of this code and section one, article six, chapter twenty-seven of this code shall be known as “Jamie’s Law”.;
And,
On page three, section forty, line one, before the word “On” by inserting “(b)”.
The bill (Eng. H. B. No. 2535), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2550, Increasing the number of unexcused absences of a student before action may be taken against the parent.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-4. Duties of attendance director and assistant directors; complaints, warrants and hearings.
(a) The county attendance director and the assistants shall diligently promote regular school attendance. The director and assistants shall:
(1) Ascertain reasons for inexcusable unexcused absences from school of students of compulsory school age and students who remain enrolled beyond the compulsory school age as defined under section one-a of this article; and
(2) Take such steps as are, in their discretion, best calculated to encourage the attendance of students and to impart upon the parents and guardians the importance of attendance and the seriousness of failing to do so; and
(3) For the purposes of this article, the following definitions shall apply:
(A) “Excused absence” shall be defined to include:
(i) Personal illness or injury of the student or in the family;
(ii) Medical or dental appointment with written excuse from physician or dentist;
(iii) Chronic medical condition or disability that impacts attendance;
(iv) Participation in home or hospital instruction due to an illness or injury or other extraordinary circumstance that warrants home or hospital confinement;
(v) Calamity, such as a fire or flood;
(vi) Death in the family;
(vii) School-approved or county-approved curricular or extra-curricular activities;
(viii) Judicial obligation or court appearance involving the student;
(ix) Military requirement for students enlisted or enlisting in the military; and
(x) Such other situations as may be further determined by the county board: Provided, That absences of students with disabilities shall be in accordance with the Individuals with Disabilities Education Improvement Act of 2004 and the federal and state regulations adopted in compliance therewith.
(B) “Unexcused absence” shall be any absence not specifically included in the definition of “excused absence”.
(b) In the case of five three total unexcused absences of a student during a school year, the attendance director or assistant shall serve written notice to the parent, guardian or custodian of the student that the attendance of the student at school is required and that if the student has five unexcused absences, a conference with the principal or other designated representative will be required.
(c) In the case of five total unexcused absences, the attendance director or assistant shall serve written notice to the parent, guardian or custodian of the student that within ten five days of receipt of the notice the parent, guardian or custodian, accompanied by the student, shall report in person to the school the student attends for a conference with the principal or other designated representative of the school in order to discuss and correct the circumstances causing the inexcusable unexcused absences of the student, including the adjustment of unexcused absences based upon such meeting.
(d) In the case of ten total unexcused absences of a student during a school year, if the parent, guardian or custodian does not comply with the provisions of this article, then the attendance director or assistant shall make complaint against the parent, guardian or custodian before a magistrate of the county. If it appears from the complaint that there is probable cause to believe that an offense has been committed and that the accused has committed it, a summons or a warrant for the arrest of the accused shall issue to any officer authorized by law to serve the summons or to arrest persons charged with offenses against the state. More than one parent, guardian or custodian may be charged in a complaint. Initial service of a summons or warrant issued pursuant to the provisions of this section shall be attempted within ten calendar days of receipt of the summons or warrant and subsequent attempts at service shall continue until the summons or warrant is executed or until the end of the school term during which the complaint is made, whichever is later.
(c) (e) The magistrate court clerk, or the clerk of the circuit court performing the duties of the magistrate court as authorized in section eight, article one, chapter fifty of this code, shall assign the case to a magistrate within ten days of execution of the summons or warrant. The hearing shall be held within twenty days of the assignment to the magistrate, subject to lawful continuance. The magistrate shall provide to the accused at least ten days’ advance notice of the date, time and place of the hearing.
(d) (f) When any doubt exists as to the age of a student absent from school, the attendance director and assistants have authority to require a properly attested birth certificate or an affidavit from the parent, guardian or custodian of the student, stating age of the student. In the performance of his or her duties, the county attendance director and assistants have authority to take without warrant any student absent from school in violation of the provisions of this article and to place the student in the school in which he or she is or should be enrolled.
(e) (g) The county attendance director and assistants shall devote such time as is required by section three of this article to the duties of attendance director in accordance with this section during the instructional term and at such other times as the duties of an attendance director are required. All attendance directors and assistants hired for more than two hundred days may be assigned other duties determined by the superintendent during the period in excess of two hundred days. The county attendance director is responsible under direction of the county superintendent for efficiently administering school attendance in the county.
(f) (h) In addition to those duties directly relating to the administration of attendance, the county attendance director and assistant directors also shall perform the following duties:
(1) Assist in directing the taking of the school census to see that it is taken at the time and in the manner provided by law;
(2) Confer with principals and teachers on the comparison of school census and enrollment for the detection of possible nonenrollees;
(3) Cooperate with existing state and federal agencies charged with enforcing child labor laws;
(4) Prepare a report for submission by the county superintendent to the State Superintendent of Schools on school attendance, at such times and in such detail as may be required. The state board shall promulgate a legislative rule pursuant to article three-b, chapter twenty-nine-a of this code that sets forth student absences that are excluded for accountability purposes. The absences that are excluded by the rule include, but are not be limited to, excused student absences, students not in attendance due to disciplinary measures and absent students for whom the attendance director has pursued judicial remedies to compel attendance to the extent of his or her authority. The attendance director shall file with the county superintendent and county board at the close of each month a report showing activities of the school attendance office and the status of attendance in the county at the time;
(5) Promote attendance in the county by compiling data for schools and by furnishing suggestions and recommendations for publication through school bulletins and the press, or in such manner as the county superintendent may direct;
(6) Participate in school teachers’ conferences with parents and students;
(7) Assist in such other ways as the county superintendent may direct for improving school attendance;
(8) Make home visits of students who have excessive unexcused absences, as provided above, or if requested by the chief administrator, principal or assistant principal; and
(9) Serve as the liaison for homeless children and youth.
The bill (Eng. Com. Sub. for H. B. No. 2550), as amended, was then ordered to third reading. Eng. Com. Sub. for House Bill No. 2562, Relating to sales tax increment financing.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2626, Relating to use of the Abandoned Land Reclamation Fund.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2632, Exempting the procurement of certain instructional materials for use in and in support of public schools from the division of purchasing requirements.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Carmichael, and by unanimous consent, the bill was advanced to third reading with the unreported Finance committee amendment pending and the right for further amendments to be considered on that reading.
Eng. House Bill No. 2645, Expanding the availability of the Underwood-Smith Teacher Loan Assistance Program.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2648, Allowing authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
On page three, section two, line five, after the word “programs” by changing the semicolon to a period;
On page four, section three, line eight, by striking out the word "an";
On page four, section four, lines one and two, by striking out the words "An authorized health care practitioner may prescribe to an authorized entity an epinephrine injector." and inserting in lieu there of the following: An authorized health care practitioner may prescribe an epinephrine injector to an authorized entity.;
And,
On page six, section five, line thirteen, after the word "administers" by inserting the words "or provides".
The bill (Eng. Com. Sub. for H. B. No. 2648), as amended, was then ordered to third reading. Eng. House Bill No. 2657, Allowing members of the Livestock Care Standards Board to be reimbursed for expenses consistent with the West Virginia Department of Agriculture Travel Policy and Procedure.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2702, Redefining service personnel class titles of early childhood classroom assistant teacher.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2755, Relating to service and professional employee positions at jointly established schools.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2776, Relating to prescribing hydrocodone combination drugs for a duration of no more than three days.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2778, State Infrastructure Fund Program.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2876, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2880, Creating an addiction treatment pilot program.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Health and Human Resources, was reported by the Clerk and adopted:
On page two, by striking out all of section one and inserting in lieu thereof a new section, designated section one, to read as follows:
§62-15A-1. Definitions.
As used in this article:
(1) “Addiction service provider” means a person licensed by this state to provider addiction and substance abuse services to persons addicted to opiods, alcohol or both.
(2) “Adult drug court judge” means a circuit court judge operating a drug court as defined in subsection (a), section one of this article.
(3) "Adult Drug Court Program" means an adult treatment court established by the Supreme Court of Appeals of West Virginia pursuant to this article.
(4) “Circuit court” means those courts set forth in article two, chapter fifty-one of this code.
(5) “Court” means the Supreme Court of Appeals of West Virginia.
(6) “Division” means the Division of Corrections.
(7) “LS/CMI assessment criteria” means the level of service/case management inventory which is an assessment tool that measures the risk and need factors of adult offenders.
(8) “Medication-assisted treatment” means the use of medications, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.
(9) "Parole" means the release of a prisoner by the Division of Corrections temporarily or permanently before the completion of a sentence, on the promise of good behavior.
(10) "Prescriber" means an individual currently licensed and authorized by this state to prescribe and administer prescription drugs in the course of their professional practice.
The bill (Eng. H. B. No. 2880), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2999, Relating to neonatal abstinence centers.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Health and Human Resources, were reported by the Clerk, considered simultaneously, and adopted:
On page fifteen, section one, line one, by striking out “(a)”;
On page sixteen, section one, lines fifteen and sixteen, by striking out all of subsection (c);
On pages sixteen and seventeen, section two, by striking out all of section two and inserting in lieu thereof a new section, designated section two, to read as follows:
§16-2M-2. Rules; minimum standards for neonatal abstinence centers.
(a) The secretary shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-two of this code to carry out the purpose of this article. These rules shall include at a minimum:
(1) Licensing procedures for neonatal abstinence centers. These procedures shall be in place by July 1, 2015;
(2) The minimum standards of operation for neonatal abstinence facilities including the following:
(A) Minimum numbers of administrators, medical directors, nurses, aides and other personnel according to the occupancy of the facility;
(B) Qualifications of facility's administrators, medical directors, nurses, aides and other personnel;
(C) Safety requirements;
(D) Sanitation requirements;
(E) Therapeutic services to be provided;
(F) Medical records;
(G) Pharmacy services;
(H) Nursing services;
(I) Medical services;
(J) Physical facility;
(K) Visitation privileges; and
(L) Admission, transfer and discharge policies.
(b) The provisions of the rules promulgated pursuant to this section shall apply only to those facilities regulated pursuant to section five, article two-d of this chapter and shall not apply to a hospital-based acute care unit.;
And,
On page seventeen, section three, line one, by striking out “(a)”.
The bill (Eng. Com. Sub. for H. B. No. 2999), as amended, was then ordered to third reading.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Carmichael, the Senate adjourned until tomorrow, Monday, March 9, 2015, at 10:30 a.m.
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