sdj-44th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FORTY-FOURTH DAY
____________
Charleston, W. Va., Thursday February 24, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by
Dr. Jeffrey Johnson, Senior Pastor,
Mount Vernon Baptist Church, Hurricane, West Virginia
.
Pending the reading of the Journal of Wednesday, February 23,
2011,
On motion of Senator Palumbo, 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 next proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 382, Specifying activities
entitling certain members of National Guard or reserve to leave of
absence.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
Eng. Com. Sub. for Senate Bill No. 382--A Bill to amend and
reenact §15-1F-1 of the Code of West Virginia, 1931, as amended,
relating to activities for which members of the National Guard or
armed forces reserve who are also public officials and employees
are entitled to a leave of absence; setting the maximum number of
hours eligible for leave in a calendar year; and limiting
applicability to public officials and employees permanently
employed.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 382, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster,
Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe, Miller,
Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler
(Acting President)--32.
The nays were: None.
Absent: Chafin and Tomblin (Mr. President)--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for S. B. No. 382) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amended title, passage
as amended, to take effect from passage, of
Eng. House Bill No. 2556, Resetting the expiration date of
provisions that allow the employment of retired teachers as
substitutes beyond the post-retirement employment limit.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2639--A Bill to amend and
reenact article 9, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing the Board of Pharmacy to promulgate a
legislative rule relating to the licensure and the practice of
pharmacy (15 CSR 1); authorizing the Board of Pharmacy to
promulgate a legislative rule relating to controlled substances
monitoring (15 CSR 8); authorizing the Board of Physical Therapy to
promulgate a legislative rule titled general provisions (16 CSR 1);
authorizing the Board of Physical Therapy to promulgate a
legislative rule relating to fees for physical therapists and
physical therapist assistants (16 CSR 4); authorizing the Board of
Physical Therapy to promulgate a legislative rule titled general
provisions for athletic trainers (16 CSR 5); authorizing the Board
of Physical Therapy to promulgate a legislative rule relating to
fees for athletic trainers (16 CSR 6); authorizing the Board of
Sanitarians to promulgate a legislative rule relating to an interim
fee schedule (20 CSR 3); authorizing the Board of Sanitarians to
promulgate a legislative rule relating to the practice of public
health sanitation (20 CSR 4); authorizing the Secretary of State to
promulgate a legislative rule relating to the combines voter
registration and driver licensing fund (153 CSR 25); authorizing
the Board of Barbers and Cosmetologists to promulgate a legislative
rule relating to procedures, criteria and curricula for
examinations and licensure of barbers, cosmetologists, manicurists
and aestheticians (3 CSR 1); authorizing the Board of Barbers and
Cosmetologists to promulgate a legislative rule relating to qualifications, training, examination of instructors(3 CSR 2);
authorizing the Board of Barbers and Cosmetologists to promulgate
a legislative rule relating to operational standards for schools of
barbering and beauty culture (3 CSR 4); authorizing the Board of
Barbers and Cosmetologists to promulgate a legislative rule titled
schedule of fees (3 CSR 6); authorizing the Commissioner of
Agriculture to promulgate a legislative rule titled the West
Virginia Apiary Rule (61 CSR 2); authorizing the repeal of the
Commissioner of Agriculture's legislative rule relating to general
groundwater protection for fertilizes and manures (61 CSR 6C);
authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to the inspection of meat and poultry (61
CSR 16); authorizing the Board of Veterinary Medicine to promulgate
a legislative rule relating to the organization, operation and
licensing of veterinarians (26 CSR 1); authorizing the Board of
Veterinary Medicine to promulgate a legislative rule relating to
the registration of veterinary technicians (26 CSR 3); authorizing
the Board of Veterinary Medicine to promulgate a legislative rule
relating to the standards of practice (26 CSR 4); authorizing the
Board of Veterinary Medicine to promulgate a legislative rule
relating to certified animal euthanasia technicians (26 CSR 5);
authorizing the Board of Veterinary Medicine to promulgate a
legislative rule titled schedule of fees(26 CSR 6); authorizing the
Board of Optometry to promulgate a legislative rule titled rules of
the West Virginia Board of Optometry (14 CSR 1); authorizing the
Board of Optometry to promulgate a legislative rule relating to oral pharmaceutical prescriptive authority(14 CSR 2); authorizing
the Board of Optometry to promulgate a legislative rule titled
schedule of fees (14 CSR 5); authorizing the Board of Optometry to
promulgate a legislative rule relating to licensure by endorsement
(14 CSR 8); authorizing the Board of Optometry to promulgate a
legislative rule relating to contact lenses that contain and
deliver pharmaceutical agents (14 CSR 9); authorizing the Board of
Optometry to promulgate a legislative rule relating continuing
education (14 CSR 10); authorizing the Board of Optometry to
promulgate a legislative rule relating to injectable pharmaceutical
agents (14 CSR 11); authorizing the Board of Osteopathy to
promulgate a legislative rule relating to osteopathic assistants
(24 CSR 2); authorizing the Board of Osteopathy to promulgate a
legislative rule relating to fees for services rendered by the
Board (24 CSR 5); authorizing the Treasurer's Office to promulgate
a legislative rule relating to the establishment of imprest funds
(112 CSR 3); and authorizing the State Election Commission to
promulgate a legislative rule relating to the West Virginia Supreme
Court of Appeals Public Financing Pilot Program (146 CSR 5).
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2791--A Bill to amend and reenact §15-2-3
of the Code of West Virginia, 1931, as amended, relating to
requiring the superintendent of the State Police to develop a plan to increase the number of troopers to a minimum of eight hundred
troopers by July 1, 2015.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2889--A Bill to amend and
reenact §18A-3A-2 of the Code of West Virginia, 1931, as amended,
relating to creating the "Jason Flatt Act of 2011"; providing
routine education by center for professional development of all
professional educators and those school service personnel having
direct contact with students on warning signs and resources to
assist suicide prevention; providing for delivery options; and
providing for state board guidelines and approval of materials.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2971--A Bill to amend and reenact §11-15-
9i of the Code of West Virginia, 1931, as amended, relating to the
definition of the term "durable medical equipment".
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng.House Bill No. 2993--A Bill to amend and reenact §11-
13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-7, §11-13AA-11 and §11-
13AA-12 of the Code of West Virginia, 1931, as amended, all
relating to the West Virginia Commercial Patents Incentives Tax
Act, defining terms; clarifying carryover provisions; specifying
when credit accrues; disallowing credit based on related party
transactions; disallowing application of credit in addition to
specified other tax credits; making technical corrections to use
appropriate terminology; and retroactively adjusting the effective
date language.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3060--A Bill to amend and
reenact §11-24-11b of the Code of West Virginia, 1931, as amended,
relating to creating a permanent method for determining the
allowance for certain utilities of tax credits for the remainder of
their net operating loss carryovers that existed as of December 31,
2006.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 7--Requesting the Division of Highways to name bridge number 08-28-7.78 on County Route 28 in
Clay County, West Virginia, the "Staff Sergeant Arthur Coulter and
Corporal E.J. Sizemore Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on February 23, 2011, he had approved
Enr. House Bill No. 2557.
The Senate proceeded to the fourth order of business.
Senator Miller, 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 24th day of February, 2011, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
Enr. House Bill No. 2475, Including certain records of the
Division of Juvenile Services in the exemptions from disclosure
under the Freedom of Information Act.
And,
Enr. Com. Sub. for House Bill No. 2696, Authorizing the county
commission of Boone County to transfer its title and interests in
the Boone Memorial Hospital.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
The Senate proceeded to the sixth order of business.
Senators Kessler (Acting President), Unger, Foster, Yost,
Williams, Minard, Stollings, McCabe, Plymale, Browning and Klempa
offered the following resolution:
Senate Resolution No. 39--Recognizing the Society of Human
Resource Management for its hard work and dedication.
Whereas, The Society of Human Resource Management is a
professional organization; and
Whereas, The Society of Human Resource Management submits
certification qualification standards set down by the Human
Resource Certification Institute; and
Whereas, The Society of Human Resource Management certifies
members voluntarily through the rigorous testing of the Human
Resource Certification Institute; and
Whereas, The Society of Human Resource Management has hundreds
of professional members throughout West Virginia and quarter
million members in the United States; and
Whereas, West Virginia has seven state chapters and four
student chapters and represents hundreds of organizations and
employers in West Virginia; and
Whereas, The Society of Human Resource Management believes in
respect for the thousands of workers in West Virginia that its
professionals manage; and
Whereas, The Society of Human Resource Management
practitioners dedicate themselves to legal compliance, bridging the
gap between employees, employers and legal authorities; and
Whereas, The Society of Human Resource Management rigorously
enforces on its members an established code of ethics; therefore,
be it
Resolved by the Senate:
That the Senate hereby recognizes the Society of Human
Resource Management for its hard work and dedication; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Society of Human Resource
Management.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
At the expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Unger, Kessler (Acting President), Boley, Nohe,
Beach, Jenkins, Yost, Prezioso, Minard, Laird, Barnes, Sypolt,
Hall, Green, Miller, Plymale, Edgell, Williams, Stollings, McCabe,
Klempa, Wills and Browning offered the following resolution:
Senate Resolution No. 40--Recognizing the many contributions
of the thousands of volunteers and paid staff at pregnancy care
centers in West Virginia and across the United States.
Whereas, The life-affirming impact of pregnancy care centers
on the women, men, children, and communities they serve is
considerable and growing; and
Whereas, Pregnancy care centers serve women in West Virginia
and across the United States with integrity and compassion with
more than 2,500 centers across the United States providing
comprehensive care to women and men facing unplanned pregnancies,
including resources to meet their physical, psychological,
emotional and spiritual needs; and
Whereas, Pregnancy care centers offer women free, confidential
and compassionate services, including pregnancy tests, peer
counseling, 24-hour hotlines, childbirth and pregnancy classes, and
referrals to community, health care and other support services; and
Whereas, Many pregnancy care centers offer ultrasounds and
other medical services, information on adoption and adoption
referrals while encouraging women to make positive life choices by
equipping them with complete and accurate information regarding
their pregnancy options and the development of the unborn; and
Whereas, Pregnancy care centers ensure that women are
receiving prenatal information and services that lead to the birth
of healthy infants; and
Whereas, Pregnancy care centers provide important support and
resources for women and their children; and
Whereas, Many pregnancy care centers work to prevent unplanned
pregnancies by teaching effective abstinence education in public
schools; and
Whereas, Pregnancy care centers operate primarily through the
designation of public funds for such organizations; therefore, be
it
Resolved by the Senate:
That the Senate hereby recognizes the many contributions of
the thousands of volunteers and paid staff at pregnancy care
centers in West Virginia and across the United States; and, be it
Further Resolved, That the Senate extends its sincere
appreciation to these committed volunteers and staff who
unselfishly work to educate, assist and contribute to the many
women, men, children, families and babies that are in their need
across West Virginia and the entire United States; and, be it
Further Resolved, That the Senate strongly encourages the
United States Congress and other federal and state governmental
agencies to grant pregnancy care centers assistance for medical
equipment and abstinence education in a manner that does not
compromise the mission or religious integrity of these
organizations; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to each pregnancy care center in West
Virginia, to the President of the United States, and to the
President of the United States Senate and Speaker of the United
House of Representatives.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
At the expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 37, Urging WV Delegation to
Congress oppose any action by Congress or President to reduce
funding for Community Service Block Grants.
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 Joint
Committee on Government and Finance study impact of laws and
regulations pertaining to possession and use of firearms.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary; and then to the Committee on Rules.
The Senate then proceeded to the eighth order of business.
Eng. Senate Bill No. 392, Changing definition of "accredited
thoroughbred horse".
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: Barnes, Beach,
Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Klempa, Laird, McCabe,
Miller, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and
Kessler (Acting President)--33.
The nays were: None.
Absent: Tomblin (Mr. President)--1.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. S. B. No. 392) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Joint Resolution No. 9, Proposing amendment to
Constitution designated The Silenced Majority Local Levy and Bond
Amendment.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Joint Resolution No. No. 10, Proposing amendment to
Constitution designated Repeal The Two Consecutive Term Limitation
for Sheriffs Amendment.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, and by unanimous consent,
the resolution was advanced to third reading with the right for
amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 96, Relating generally to certain county officials.
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 No. 112, Authorizing Department of
Administration promulgate legislative rules.
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 No. 177, Authorizing Department of
Revenue promulgate legislative rules.
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 No. 228, Creating Local Solution
Dropout Prevention and Recovery 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 No. 272, Relating to
WV Tax Increment Financing Act.
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 No. 279, Relating to work camps for
nonviolent offenders.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 351, Regulating captive cervid farming as
agricultural enterprise.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 456, Relating to responsibilities of Marketing
and Communications Office of Department of Commerce.
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 No. 458, Updating Logging Sediment
Control Act.
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 No. 495, Relating generally to use
of electronic voting systems.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 546, Relating to municipal police and
firefighter pensions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 563, Authorizing municipalities to create
deferred retirement option plans for certain employees.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2464, Adding additional
requirements to the Ethics Act.
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:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES;
DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND
EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES; CODE OF CONDUCT
FOR ADMINISTRATIVE LAW JUDGES.
§6B-2-6. Financial disclosure statement; filing requirements.
(a) The requirements for filing a financial disclosure
statement shall become initially effective on the first day of
February, one thousand nine hundred ninety, for all persons holding
public office or employment on that date and who are otherwise
required to file such statement under the provisions of this
section. The initial financial disclosure statement shall cover
the period from the first day of July, one thousand nine hundred
eighty-nine, for the period ending the thirty-first day of January,
one thousand nine hundred ninety. Thereafter, the The Financial
disclosure statement shall be filed on the first day of February of
each calendar year to cover the period of the preceding calendar
year, except insofar as may be otherwise provided herein. The
following persons must file the financial disclosure statement
required by this section with the ethics commission:
(1) All elected officials in this state, including, but not
limited to, all persons elected statewide, all county elected
officials, municipal elected officials in municipalities which
have, by ordinance, opted to be covered by the disclosure provisions of this section, all members of the several county or
district boards of education and all county or district school
board superintendents;
(2) All members of state boards, commissions and agencies
appointed by the governor; and
(3) Secretaries of departments, commissioners, deputy
commissioners, assistant commissioners, directors, deputy
directors, assistant directors, department heads, deputy department
heads and assistant department heads.
A person who is required to file a financial disclosure
statement under this section by virtue of becoming an elected or
appointed public official whose office is described in subdivision
(1), (2) or (3) of this subsection, and who assumes the office less
than ten days before a filing date established herein or who
assumes the office after the filing date, shall file a financial
disclosure statement for the previous twelve months no later than
thirty days after the date on which the person assumes the duties
of the office, unless the person has filed a financial disclosure
statement with the commission during the twelve-month period before
he or she assumed office.
(b) A candidate for public office shall file a financial
disclosure statement for the previous calendar year with the state
ethics commission no later than ten days after he or she files a
certificate of candidacy, but in all circumstances, not later than
ten days prior to the election, unless he or she has filed a
financial disclosure statement with the state ethics commission during the previous calendar year.
The ethics commission shall file a duplicate copy of the
financial disclosure statement required in this section in the
following offices within ten days of the receipt of the candidate's
statement of disclosure:
(1) Municipal candidates in municipalities which have opted,
by ordinance, to be covered by the disclosure provisions of this
section, in the office of the clerk of the municipality in which
the candidate is seeking office;
(2) Legislative candidates in single county districts and
candidates for a county office or county school board in the office
of the clerk of the county commission of the county in which the
candidate is seeking office;
(3) Legislative candidates from multi-county districts and
congressional candidates in the office of the clerk of the county
commission of the county of the candidate's residence.
After a ninety-day period following any election, the clerks
who receive the financial disclosure statements of candidates may
destroy or dispose of those statements filed by candidates who were
unsuccessful in the election.
(c) No candidate for public office may maintain his or her
place on a ballot and no public official may take the oath of
office or enter or continue upon his or her duties or receive
compensation from public funds unless he or she has filed a
financial disclosure statement with the state ethics commission as
required by the provisions of this section.
(d) The state ethics commission may, upon request of any
person required to file a financial disclosure statement, and for
good cause shown, extend the deadline for filing such statement for
a reasonable period of time: Provided, That no extension of time
shall be granted to a candidate who has not filed a financial
disclosure statement for the preceding filing period.
(e) No person shall fail to file a statement required by this
section.
(f) No person shall knowingly file a materially false
statement that is required to be filed under this section.
(g) The ethics commission shall publish either on the internet
or by printed document made available to the public, a list of all
persons who have violated any ethics commission's financial
disclosure statement filing deadline.
(h) The ethics commission shall, in addition to making all
financial disclosure statements available for inspection upon
request publish on the internet all financial disclosure statements
filed by members of the legislature and candidates for legislative
office, elected members of the Executive Department and candidates
for the offices that constitute the Executive Department, and
members of the Supreme Court of Appeals and candidates for the
Supreme Court of Appeals, commencing with those reports filed on or
after January 1, 2012. The Commission shall redact financial
disclosure statements published on the internet to exclude from
publication personal information such as signatures, home addresses
and mobile and home telephone numbers.
§6B-2-7. Financial disclosure statement; contents.
(a) The financial disclosure statement required under this
article shall contain the following information:
(1) The name, residential and business addresses of the person
filing the statement, and of his or her spouse and all names under
which the person does or the person's spouse, or both, do business.
For purposes of this section, the word "spouse" means any
individual who is legally married to and cohabits with the person
filing the statement.
(2) The name and address of each employer of the person For
each position of employment held by the person filing the
statements and the person's spouse:
(A) The name of the employer;
(B) The address of the employer;
(C) The job title; and
(D) A general description of job duties.
(3) The name and address of each business in which the person
filing the statement or that person's spouse has or had in the last
year an interest of at least $10,000 at fair market value. or five
percent ownership interest, if that interest is valued at more
$10,000.
(A) For the purposes of this subsection, business interests
include, but are not limited to, an interest in:
(I) Non-publicly owned businesses;
(ii) Publicly or privately traded stocks, bonds or securities,
including those held in self-directed retirement accounts; and
(iii) Commercial real estate.
(B) For the purposes of this subsection, business interests do
not include mutual funds, specific holdings in mutual funds or
retirement accounts.
(4) The name, address, and brief description of a nonprofit
organization in which the individual or spouse is a director or
officer.
(4) (5) The identification, by category, of every source of
income over $1,000, including distributions from retirement
accounts received during the preceding calendar year, in his or her
own name or by any other person for his or her use or benefit, by
the person filing the statement, or that person's spouse, and a
brief description of the nature of the services income producing
activities for which the income was received. This subdivision
does not require a person filing the statement who derives income
from a business, profession or occupation, or who's spouse derives
income from a business, profession or occupation, to disclose the
individual sources and items of income that constitute the gross
income of that business, profession or occupation. nor does this
subdivision require a person filing the statement to report the
source or amount of income derived by his or her spouse.
(5) (6) If the person filing the statement, or that person's
spouse, profited or benefitted in the year prior to before the date
of filing from a contract for the sale of goods or services to a
state, county, municipal or other local governmental agency either
directly or through a partnership, corporation or association in which the person, or that person's spouse, owned or controlled more
than ten percent, the person shall describe the nature of the goods
or services and identify the governmental agencies which purchased
the goods or services.
(6) (7) Each interest group or category listed below doing
business in this state with which the person filing the statement,
did business or furnished services and from which the person filing
the statement, or that person's spouse, received more than twenty
percent of his or her gross income during the preceding calendar
year. The groups or categories are electric utilities, gas
utilities, telephone utilities, water utilities, cable television
companies, interstate transportation companies, intrastate
transportation companies, oil or gas retail, companies, wholesale,
exploration, production or drilling companies, banks, savings and
loan associations, loan or finance companies, manufacturing
companies, surface mining companies, deep mining companies, mining
equipment companies, chemical companies, insurance companies,
retail companies, beer, wine or liquor companies or distributors,
recreation related companies, timbering companies, hospitals or
other health care providers, trade associations, professional
associations, associations of public employees or public officials,
counties, cities or towns, labor organizations, waste disposal
companies, wholesale companies, groups or associations promoting
gaming or lotteries, advertising companies, media companies, race
tracks, and promotional companies, lobbying, economic development
entities, state government, construction, information technology and legal service providers.
(7) (8) The names of all persons, excluding that person's
immediate family, parents or grandparents residing or transacting
business in the state to whom the person filing the statement,
owes, on the date of execution of this statement in the aggregate
in his or her own name or in the name of any other person more than
$5,000: Provided, That nothing herein shall require requires the
disclosure of a mortgage on the person's primary and secondary
residences or of automobile loans on automobiles maintained for the
use of the person's immediate family, or of a student loan, nor
shall does this section require the disclosure of debts which
result from the ordinary conduct of the person's business,
profession or occupation or of debts of the person filing the
statement to any financial institution, credit card company or
business, in which the person has an ownership interest: Provided,
however, That the previous proviso shall does not exclude from
disclosure loans obtained pursuant to the linked deposit program
provided for in article one-a, chapter twelve of this code or any
other loan or debt incurred which requires approval of the state or
any of its political subdivisions.
(8) (9) The names of all persons except immediate family
members, parents and grandparents residing or transacting business
in the state (other than a demand or savings account in a bank,
savings and loan association, credit union or building and loan
association or other similar depository) who owes on the date of
execution of this statement more than, in the aggregate, than $5,000 to the person filing the statement, either in his or her own
name or to any other person for his or her use or benefit. This
subdivision does not require the disclosure of debts owed to the
person filing the statement which debts result from the ordinary
conduct of the person's business, profession or occupation or of
loans made by the person filing the statement to any business in
which the person has an ownership interest.
(9) (10) The source of each gift, including those described in
subdivision (2), subsection (c), section five of this article,
having a value of over $100, received from a person having a direct
and immediate interest in a governmental activity over which the
person filing the statement has control, shall be reported by the
person filing the statement when such the gift is given to said
that person in his or her name or for his or her use or benefit
during the preceding calendar year: Provided, That effective from
passage of the amendments to this section enacted during the First
Extraordinary Session of the Legislature in two thousand five any
person filing a statement required to be filed pursuant to this
section on or after the first day of January, two thousand five is
not required to report those gifts described in subdivision (2),
subsection (c), section five of this article that are otherwise
required to be reported by a registered lobbyist under section
four, article three of this chapter: Provided, however, That gifts
received by will or by virtue of the laws of descent and
distribution, or received from one's spouse, child, grandchild,
parents or grandparents, or received by way of distribution from an inter vivos or testamentary trust established by the spouse or
child, grandchild or by an ancestor of the person filing the
statement are not required to be reported. As used in this
subdivision, any series or plurality of gifts which exceeds in the
aggregate the sum of $100 from the same source or donor, either
directly or indirectly, and in the same calendar year shall be are
regarded as a single gift in excess of that aggregate amount.
(11) The name of each for-profit business of which the person
filing the statement, or that person's spouse, serves as a member
of the board of directors or an officer, as well as a general
description of the type of business.
(12) The name and business address of any child or step-child
who is eighteen years or older and employed by state, county or
municipal government.
(10) (13) The signature of the person filing the statement.
(b) Not withstanding the provisions of subsection (a) of this
section, any person serving on a board, commission or agency for
which no compensation, other than expense reimbursement, is
statutorily authorized, is not required to disclose the financial
information relating to his or her spouse as required by
subdivisions three or five of subsection (a) of this section if:
(1) his or her spouse, or a business with which he or she is
associated, are not regulated by, do not have a contract with, or
do not receive any grants or appropriations from, the board, the
commission or agency on which the person filing the statement
serves. A business with which a filer's spouse is associated means a business in which the person or an immediate family member is a
director, officer, owner, employee, compensated agent, or holder of
stock which constitutes five percent or more of the total
outstanding stocks of any class; and,
(2) the filer executes a signed statement on a form provided
by the commission verifying these facts.
ARTICLE 3. LOBBYISTS.
§6B-3-2. Registration of lobbyists.
(a) Before engaging in any lobbying activity, or within thirty
days after being employed as a lobbyist, whichever occurs first, a
lobbyist shall register with the Ethics Commission by filing a
lobbyist registration statement. The registration statement shall
contain information and be in a form prescribed by the Ethics
Commission by legislative rule, including, but not limited to, the
following information:
(1) The registrant's name, business address, telephone numbers
and any temporary residential and business addresses and telephone
numbers used or to be used by the registrant while lobbying during
a legislative session;
(2) The name, address and occupation or business of the
registrant's employer;
(3) A statement as to whether the registrant is employed or
retained by his or her employer solely as a lobbyist or is a
regular employee performing services for the employer which
include, but are not limited to, lobbying;
(4) A statement as to whether the registrant is employed or retained by his or her employer under any agreement, arrangement or
understanding according to which the registrant's compensation, or
any portion of the registrant's compensation, is or will be
contingent upon the success of his or her lobbying activity;
(5) The general subject or subjects, if known, on which the
registrant will lobby or employ some other person to lobby in a
manner which requires registration under this article; and
(6) An appended written authorization from each of the
lobbyist's employers confirming the lobbyist's employment and the
subjects on which the employer is to be represented.
(b) Any lobbyist who receives or is to receive compensation
from more than one person for services as a lobbyist shall file a
separate notice of representation with respect to each person
compensating him or her for services performed as a lobbyist. When
a lobbyist whose fee for lobbying with respect to the same subject
is to be paid or contributed by more than one person, then the
lobbyist may file a single statement, in which he or she shall
detail the name, business address and occupation of each person
paying or contributing to the fee.
(c) Whenever a change, modification or termination of the
lobbyist's employment occurs, the lobbyist shall, within one week
of the change, modification or termination, furnish full
information regarding the change, modification or termination by
filing with the Commission an amended registration statement.
(d) Each lobbyist who has registered shall file a new
registration statement, revised as appropriate, on the Monday preceding the second Wednesday in January of each odd-numbered year
and failure to do so terminates his or her authorization to lobby.
Until the registration is renewed, the person may not engage in
lobbying activities unless he or she is otherwise exempt under
paragraph (B), subdivision (7), section one of this article.
(e) No member of the Legislature, member of the Executive
Department as referenced in article VII, section one of the
Constitution of West Virginia, any secretary of an executive branch
department created by the provisions of section two, article one,
chapter five-f of this code, nor any person employed by a member of
the Executive Department or a secretary of an executive branch
department in the capacities of chief of staff, deputy chief of
staff or general counsel or any person serving in the same capacity
for the presiding officers of the West Virginia Senate or House of
Delegates may register as a lobbyist for a period of one year after
the termination of his or her public service or public employment.
Provided, That the provisions of this subsection shall apply only
to persons holding such positions on or after the first day of
January, 2012.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2464) was laid over
one day, retaining its place on the calendar, with the Judiciary
committee amendment to the bill pending.
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:
Senate Bill No. 35, Increasing nonfamily adoption tax credit.
Com. Sub. for Senate Bill No. 66, Relating to use of low-speed
vehicles in municipalities.
Com. Sub. for Senate Bill No. 121, Authorizing DEP promulgate
legislative rules.
Com. Sub. for Com. Sub. for Senate Bill No. 229, Creating Math
and Science Teacher Loan Assistance Program.
Com. Sub. for Senate Bill No. 295, Authorizing DHHR promulgate
legislative rules.
Senate Bill No. 328, Relating to issuance, disqualification,
suspension and revocation of driver's licenses.
Com. Sub. for Senate Bill No. 330, Relating to higher
education personnel generally.
Com. Sub. for Senate Bill No. 356, Making captive insurance
company organized as risk retention group subject to certain
insurance code provisions.
Com. Sub. for Senate Bill No. 387, Allowing retired officers
carry concealed weapon.
Com. Sub. for Com. Sub. for Senate Bill No. 408, Creating WV
Health Benefit Exchange Act.
Com. Sub. for Com. Sub. for Senate Bill No. 420, Clarifying
county commissioners must reside in district they represent.
Senate Bill No. 435, Amending insurance code with respect to
surplus lines insurance.
Com. Sub. for Senate Bill No. 461, Providing criminal penalty
for violating restraining order entered upon conviction for stalking or harassment.
Com. Sub. for Senate Bill No. 472, Relating to portable
electronics insurance.
Com. Sub. for Senate Bill No. 508, Allowing certain liquor
licensees ability to conduct responsible liquor sampling events.
Com. Sub. for Senate Bill No. 510, Relating to requirements
for new facility projects of public agencies and projects receiving
state funds.
Senate Bill No. 530, Clarifying use of certain portion of
revenues of racetracks with lottery table games.
Com. Sub. for Senate Bill No. 552, Creating crime of financial
exploitation of elderly, protected or incapacitated person.
Com. Sub. for Senate Bill No. 582, Relating to seals of
notaries and commissioners.
And,
Eng. Com. Sub. for House Bill No. 2613, Authorizing the
Department of Military Affairs and Public Safety to promulgate
legislative rules.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate recessed until 6 p.m.
today.
At the expiration of the recess, the Senate reconvened and, at
the request of Senator Unger, unanimous consent being granted,
returned to the fourth order of business.
Senator Miller, 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 24th day of February, 2011, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the Acting President of the Senate and the Speaker of the
House of Delegates:
(S. B. No. 205), Updating certain terms in Corporation Net
Income Tax Act.
(S. B. No. 215), Updating certain terms in Personal Income Tax
Act.
And,
(S. B. No. 254), Making supplementary appropriation of federal
funds to Development Office and Division of Human Services.
Respectfully submitted,
Ronald F. Miller,
Chair, Senate Committee.
Meshea L. Poore,
Chair, House Committee.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 15, Providing one-time bonus to certain public
employee and teacher annuitants.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 15 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §5-10-22k; and
to amend said code by adding thereto a new section, designated §18-
7A-26v, all relating to the Public Employees Retirement System and
the State Teachers Retirement System; and providing for a one-time
bonus of $1,200 for certain annuitants.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 18, Requiring alcohol awareness education
courses for certain employees of retailers and licensed private
clubs.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 18 (originating in the Committee
on Finance)--A Bill
to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §60-3A-3a; to
amend and reenact §60-3A-4 of said code;
and to amend said code by
adding thereto a new section, designated §60-7-9, all relating to
requiring certain employees of licensed private clubs and retail
outlets selling alcoholic beverages to take the techniques for
education and alcohol management course, the training for intervention procedures course, alcohol awareness programs provided
by the American Hotel and Lodging Association or the National
Restaurant Association or other similar alcohol awareness education
courses provided or approved by the Alcohol Beverage Control
Commissioner; allowing for the training to be done on-site by a
manager or supervisor; and providing legislative rule-making
authority.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 202, Creating commission to develop pilot
program to help at-risk youth.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 202 (originating in the
Committee on Health and Human Resources)--A Bill to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
article, designated §18-33-1, §18-33-2, §18-33-3 and §18-33-4, all
relating to creating a commission to develop a pilot program to
help at-risk youth in West Virginia; creation of commission;
composition of the commission; powers and duties of the commission; outcome recommendations for pilot program; goals of the pilot
program; and operation of the pilot program.
And,
Senate Bill No. 319, Establishing tax credit for certain
medical providers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 319 (originating in the
Committee on Health and Human Resources)--A Bill
to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
article, designated §11-13BB-1, §11-13BB-2, §11-13BB-3, §11-13BB-4,
§11-13BB-5, §11-13BB-6, §11-13BB-7, §11-13BB-8 and §11-13BB-9, all
relating to establishing a tax credit for certain physicians who
provide certain physician's services at no charge to certain free
health facilities in West Virginia; setting forth findings;
specifying definitions; authorizing credit; specifying the amount
of tax credit; specifying how credit may be asserted; specifying no
credit carryovers; specifying forms and schedules to be established
by the Tax Commissioner; specifying ten thousand-dollar maximum
credit per taxpayer per tax year; disallowing application of tax
credit if the credit allowed under article thirteen-j of said
chapter is allowed for the same credit base; providing for add back
of deductions, adjustments or modifications to taxable income if
based upon the same activity, in-kind service, donation or
contribution for which credit is taken; authorizing the Tax
Commissioner to promulgate rules; and specifying effective date.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Foster, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 202 and 319) contained
in the preceding report from the Committee on Health and Human
Resources were each taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
Finance.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 245 (originating in the
Committee on the Judiciary), Relating to protection of Chesapeake
Bay Watershed.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 245 (originating
in the Committee on Finance)--A Bill
to amend and reenact §22C-1-27
of the Code of West Virginia, 1931, as amended; to amend and
reenact §29-22-18a of said code; to amend said code by adding
thereto a new section, designated §29-22-18d; to amend and reenact §31-15A-9 of said code; and to amend said code by adding thereto a
new section, designated §31-15A-17b, all relating to protection of
the Chesapeake Bay Watershed; increasing the bonding authority of
the Water Development Authority for limited purpose; increasing
amount of excess lottery revenue deposited to infrastructure fund;
providing for distribution to infrastructure fund where excess
lottery revenue shortfall occurs; providing exemption for excess
lottery revenue deposited to infrastructure fund; creating the West
Virginia Infrastructure Lottery Revenue Debt Service Fund and
providing for purpose of new fund; authorizing Water Development
Authority to issue revenue bonds for certain Chesapeake Bay
Watershed projects; establishing deadline for publicly owned
wastewater facilities subject to Chesapeake Bay compliance
standards to submit ten-year projected capital funding plan to
Infrastructure Council for review and approval; providing
eligibility for funding; requiring Water Development Authority to
report to Joint Committee on Government and Finance regarding total
cost of Chesapeake Bay compliance projects; making Chesapeake Bay
compliance projects with funding approved before a certain date
eligible for grant funding; and limiting eligibility of grant
funding.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 283 (originating in the
Committee on Health and Human Resources), Creating Unintentional
Pharmaceutical Drug Overdose Fatality Review Team.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 283 (originating
in the Committee on the Judiciary)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §61-12A-1, §61-12A-2, §61-12A-3 and §61-12A-4, all
relating to the creation of the Unintentional Pharmaceutical Drug
Overdose Fatality Review Team under the Office of the Chief Medical
Examiner; setting forth membership of the team; setting forth
responsibilities of the team; providing for certain actions the
team may not take in exercising its duties; providing for an annual
report to the Governor and Legislature and its contents; providing
for confidentiality of the team's proceedings, records and
opinions; setting forth record-keeping requirements; requiring
other state agencies, hospitals and other health agencies to
cooperate with the team; and granting rule-making authority.
With the recommendation that the committee substitute for
committee substitute do pass; but with the further recommendation
that it first be referred to the Committee on Finance.
Respectfully submitted,
Corey Palumbo,
Chair.
At the request of Senator Wills, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 283)
contained in the preceding report from the Committee on the
Judiciary was taken up for immediate consideration, read a first
time and ordered to second reading.
Thereafter, on motion of Senator Wills, the bill was referred
to the Committee on Finance.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 366, Relating to Underground Storage Tank
Administrative Fund.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 424, Regulating oil and gas wells.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 424 (originating in the
Committee on Energy, Industry and Mining)--A Bill
to amend and
reenact §22-6-1 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new article, designated §22-6A-
1, §22-6A-2, §22-6A-3, §22-6A-4, §22-6A-5, §22-6A-6, §22-6A-7, §22-
6A-8, §22-6A-9, §22-6A-10, §22-6A-11, §22-6A-12, §22-6A-13, §22-6A-
14, §22-6A-15 and §22-6A-16; to amend and reenact §22C-8-2 of said
code; and to amend and reenact §22C-9-2 of said code, all relating
generally to oil and gas and oil and gas wells; defining certain
new terms and amending existing definitions of certain terms;
creating Natural Gas Horizontal Well Control Act; providing short
title; making legislative findings and declarations of public
policy; providing for application of new act; defining terms used
in said act; specifying powers and duties of Secretary of
Department of Environmental Protection; incorporating by reference
certain sections of existing code relating to oil and gas wells;
requiring horizontal well permits; requiring application for
permit; specifying content of application and required attachments;
requiring posting of bond and payment of permit fees; permitting
waiver of certain requirements under specified circumstances and
for issuance of emergency permits; providing for suspension and
reinstatement of permits; providing for appeals of certain actions
of Secretary of Department of Environmental Protection; imposing
criminal penalties for violation of permit requirements; providing
for review of permit applications and for issuance of permits;
specifying operator performance standards; providing for copies of permits to be furnished to county assessors; requiring certificate
of approval for large impoundment construction; requiring
application for certificate; specifying content of application and
required attachments and payment of fees; providing for revocation
or suspension of certificates; requiring hearing before certificate
of approval is amended, suspended or revoked without consent of
operator; providing for administrative appeals; providing
exceptions for certain farm ponds; authorizing Secretary of
Department of Environmental Protection to propose legislative rules
for consideration by Legislature; imposing civil money penalties;
providing for permit revocation and bond forfeiture; requiring
notice to property owners when application for well permit is made
or application for certificate of approval of impoundment is filed
and providing property owners with certain rights; providing for
plugging and abandonment of horizontal wells; requiring
promulgation of certain legislative rules; specifying reclamation
requirements; requiring performance bonds; providing presumptions
and rebuttals in water rights civil actions; imposing civil and
criminal penalties for certain offenses; specifying prospective
application of act; and excluding for one year the issuance of
permits for horizontal drilling in Karst Formations in Greenbrier
and Monroe counties.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
At the request of Senator D. Facemire, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 424) contained in the
preceding report from the Committee on Energy, Industry and Mining
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 428, Increasing fees charged by clerk of
circuit court for medical professional liability actions.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 18, 2011;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 440, Requiring prescription for drug products
containing chemical precursors of methamphetamine.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 440 (originating in the
Committee on Health and Human Resources)--A Bill
to repeal §60A-10-
4, §60A-10-5, §60A-10-6, §60A-10-7 and §60A-10-8
of the Code of
West Virginia, 1931, as amended; to amend and reenact §60A-2-208
and §60A-2-212 of said code; and to amend and reenact §60A-10-2,
§60A-10-3 and §60A-10-11 of said code, all relating to adding
ephedrine, pseudoephedrine and phenylpropanolamine to the list of
Schedule III substances; requiring a prescription to dispense drug
products containing as an active ingredient ephedrine,
pseudoephedrine, phenylpropanolamine; removing ephedrine,
pseudoephedrine and phenylpropanolamine from the list of Schedule
V substances; to repeal certain provisions that do not apply to
prescription drugs; to add findings; to eliminate definitions that
no longer are needed; and to provide a report back to the
Legislative Oversight Commission on Health and Human Resources
Accountability.
And,
Senate Bill No. 532, Relating to fraud and abuse in Medicaid
program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 532 (originating in the
Committee on Health and Human Resources)--A Bill
to amend and
reenact §9-7-1, §9-7-2, §9-7-3, §9-7-4, §9-7-5, §9-7-6 and §9-7-8 of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto three new sections, designated §9-7-3a, §9-
7-5a and §9-7-6a, all relating to the Department of Health and
Human Resources; fraud and abuse in the Medicaid program; powers
and duties of the Medicaid Fraud Control Unit; definitions under
said article; investigation procedures for the Medicaid Fraud
Control Unit; Medicaid Fraud Unit lawyers assisting prosecutors in
Medicaid crimes; Medicaid crimes and criminal penalties; venue for
crimes committed against Medicaid; limiting the liability of
employees of the Department of Health and Human Resources; and
other remedies and criminal penalties.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 440 and 532) contained
in the preceding report from the Committee on Health and Human
Resources were each taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
the Judiciary.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 444, Relating to protection of nonfamily or
nonhousehold members from sexual offenses, stalking and harassment.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 444 (originating in the
Committee on the Judiciary)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §62-10A-1, §62-10A-2, §62-10A-3, §62-10A-4, §62-10A-5,
§62-10A-6, §62-10A-7, §62-10A-8, §62-10A-9, §62-10A-10, §62-10A-11,
§62-10A-12, §62-10A-13, §62-10A-14, §62-10A-15, §62-10A-16, §62-
10A-17, §62-10A-18, §62-10A-19, §62-10A-20, §62-10A-21, §62-10A-22,
§62-10A-23, §62-10A-24, §62-10A-25, §62-10A-26, §62-10A-27 and §62-
10-28, all relating to the protection of nonfamily or nonhousehold
members; setting forth the purpose of the article; defining terms;
establishing jurisdiction of magistrate and circuit courts;
establishing venue for actions; establishing procedures for filing
petitions, hearings, entry of orders and contents of orders;
declaring orders effective statewide; establishing means of service
of process; making proceedings confidential; making rules of
evidence applicable to proceedings; establishing time periods for
orders; prohibiting mutual orders; establishing procedures for
appeals and pursuing of records; requiring orders be filed in
domestic violence database; limiting use of information obtained
during proceedings; allowing for civil contempt for violations of
orders; creating offenses for violations of protection orders; directing Supreme Court of Appeals to create forms; granting
immunity to persons seeking orders; orders in good faith; and
establishing penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 465 (originating in the
Committee on Energy, Industry and Mining), Creating Marcellus Gas
and Manufacturing Development Act of 2011.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 465 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-2H-1, §5B-2H-2 and §5B-2H-3; to amend said code by
adding thereto a new section, designated §11-1C-11c; to amend and
reenact §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6,
§11-6D-7 and §11-6D-8 of said code; to amend said code by adding
thereto a new section, designated §11-6D-9; to amend and reenact
§11-6F-2 and §11-6F-3 of said code; to amend said code by adding
thereto a new section, designated §11-13A-5b; to amend and reenact
§11-13R-3 of said code; to amend and reenact §11-13S-3 and §11-13S-4 of said code; to amend and reenact §11-15-8d of said code; and to
amend and reenact §24-2F-3 of said code, all relating generally to
the Marcellus Gas and Manufacturing Development Act of 2011;
providing short title; making legislative findings and
declarations; creating a tax credit for the personal property tax
on horizontal drilling rigs and related equipment; authorizing the
Tax Commissioner to promulgate rules; amending and reinstating
alternative fuel motor vehicle tax credit; providing credit for
alternative fuel refueling facilities; making legislative findings;
stating legislative purpose; defining terms; allowing credit for
purchase of alternative fuel motor vehicles, conversion of vehicles
to alternative fuel motor vehicles and for commercial and
residential alternative fuel refueling facilities; providing for
expiration of credits; requiring Tax Commissioner to promulgate
rules and design forms; providing for carryover of unused credits
and for recapture of credits; amending definition of
"manufacturing" for purposes of special method for appraising
qualified capital additions to manufacturing facilities for
property tax purposes; providing new rules for treatment of
certified capital addition property; setting baseline for oil and
gas severance tax collections; providing for excess distribution
and deposit of excess collections; amending definition of "research
and development" for purposes of strategic research and development
tax credit; amending definition of "manufacturing" for purposes of
manufacturing investment tax credit; requiring certain business
activities comply with the West Virginia Jobs Act in order to be eligible for the manufacturing investment tax credit; providing
additional exception to limitation on right to assert sales and use
tax exemptions; and clarifying meaning of "natural gas" for
purposes of Alternative and Renewable Energy Portfolio Standard
Act.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 465)
contained in the preceding report from the Committee on Finance was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 467, Prohibiting teachers from being assigned
additional duties during planning period without consent.
And,
Eng. Com. Sub. for House Bill No. 2709, Allowing county school
boards to enter into energy-saving contracts.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 488 (originating in the
Committee on Health and Human Resources), Relating to AIDS-Related
Medical Testing and Records Confidentiality Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 488 (originating
in the Committee on the Judiciary)--A Bill
to repeal §16-3C-7 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §16-3C-1, §16-3C-2 and §16-3C-3 of said code, all relating
to HIV testing generally; repealing the authority of the Department
of Corrections to conduct AIDS-related study; providing for AIDS-
related testing and confidentiality of records; providing
definitions; providing who may request testing; providing when
testing may be mandated; providing for confidentiality of records;
providing enforcement mechanism for orders of the Commissioner of
the Bureau for Public Health; eliminating requirements for
counseling in certain circumstances; eliminating requirement for
information regarding HIV and AIDS be provided to persons applying
for marriage licenses; and providing when disclosure is permitted.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 516, Requiring state board
establish digital learning program.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 18, 2011;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 526 (originating in the
Committee on Health and Human Resources), Allowing certain
emergency service providers possess Naloxone to administer in
suspected overdoses.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 526 (originating
in the Committee on the Judiciary)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §16-4C-24, relating to allowing State Police, police,
sheriffs and fire and emergency service providers to possess
Naloxone to administer in suspected narcotic drug overdoses;
defining terms; providing for training; granting immunity to
trainers; granting immunity to initial responders; providing for
data gathering and reporting; and authorizing legislative or
emergency rules.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 540, Creating Equine Early Intervention and
Protection Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 540 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §19-33-1, §19-33-2, §19-33-3, §19-33-4 and §19-33-5, all
relating to creating the Equine Rescue Facilities Act; providing
definitions; licensing of equine facilities; providing for inspections; authorizing legislative rules; and providing
penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 568, Providing attorney from public defender
office be appointed by judge in certain cases.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 592, Requiring schools have crisis response
plans.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 592 (originating in the
Committee on Education)--A Bill
to amend and reenact §18-9F-1 of
the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-9F-9; and to amend and
reenact §18-28-2 of said code, all relating to requiring that
schools have crisis response plans; updating legislative findings
and intent; requiring the state board in conjunction with the
Division of Homeland Security and Emergency Management to develop
a model school crisis response plan, to annually review and, if
necessary, update the model plan and to develop certain necessary
safeguards to protect certain information in each response plan;
requiring each school to form a crisis response planning team;
requiring annual review of each school's crisis response plan and
updating of plan if necessary; requiring state board to promulgate
rule setting forth required inclusions for each plan; and making
private, parochial and religious schools subject to crisis response
plan requirements.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 609 (originating in the Committee on the
Judiciary)--A Bill
to amend and reenact §30-18-1 of the Code of
West Virginia, 1931, as amended, relating to clarifying that
employees of property management firms employed by residential
property owners' associations are not required to be licensed as security guards.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Corey Palumbo,
Chair.
Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 15, Requesting Joint
Committee on Government and Finance study need to improve awareness
and usage of residential fire sprinklers.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Corey Palumbo,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
On motion of Senator Unger, a leave of absence for the day was
granted Senator Tomblin (Mr. President).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Friday, February 25, 2011, at 11 a.m.
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