sdj-49th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2011
FORTY-NINTH DAY
____________
Charleston, W. Va., Tuesday, March 1, 2011
The Senate met at 11 a.m.
(Senator Kessler, Acting President, in the Chair.)
Prayer was offered by Bishop Randall Bowles, Pastor, Oceana
Church of God, Oceana, West Virginia.
Pending the reading of the Journal of Monday, February 28,
2011,
On motion of Senator Prezioso, 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 passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2763--A Bill to amend and reenact §21A-7-
11 of the Code of West Virginia, 1931, as amended, relating to
prohibiting the Executive Director of Workforce West Virginia from
billing a reimbursable employer under the unemployment compensation
law for overpaid amounts of benefits paid to a claimant; and in cases where the employer has been billed and paid the bill for
benefits which are subsequently determined to be an overpayment,
requiring the executive director to reimburse the employer for the
amount of the overpayment.
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. 2802--A Bill to amend and
reenact §17C-7-9 of the Code of West Virginia, 1931, as amended,
relating to driving on roadways laned for traffic; prohibiting use
of turning lanes for through traffic under certain circumstances;
and providing criminal penalties.
Referred to the Committee on Transportation and
Infrastructure; and then 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. Com. Sub. for House Bill No. 2883--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §19-20-26, relating to protecting dogs by
creating regulations for commercial dog breeding operations.
Referred to the Committee on the Judiciary.
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. 2953--A Bill to amend and
reenact §11-13A-20a of the Code of West Virginia, 1931, as amended;
and to amend and reenact §31-15A-16 of said code, all relating to
dedication of coalbed methane severance tax proceeds; redirecting
coalbed methane severance tax revenues from the Infrastructure Fund
to county economic development authorities or county commissions;
requiring moneys deposited in the Infrastructure Fund prior to July
1, 2011, be distributed to county economic development authorities
or county commissions; removing requirement that the Tax
Commissioner provide Infrastructure and Jobs Development Council a
breakdown of coalbed methane severance taxes paid and amount of
coalbed methane produced by each county; providing calculation
methods and specifying a minimum share of coalbed methane severance
tax revenue be distributed to producing counties in an amount at
least equal to the share received by nonproducing counties;
providing for portional adjustments and redesignation for counties
deemed nonproducing; providing that no distribution of moneys to
exceed total amount of coalbed methane severance tax received in
any fiscal year; setting forth the purposes for receiving and
conditions of expending such funds by county economic development
authorities and county commissions; requiring approval of
respective county commissions and the Development Office prior to
expending certain funds; prohibiting certain expenditures by
counties or county economic development authorities; and
authorizing and requiring the Development Office to promulgate
legislative rules regarding use of certain funds, including emergency rules.
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. 2986--A Bill to amend and
reenact §20-3-5 of the Code of West Virginia, 1931, as amended,
relating to regulation of outdoor burning; modifying prohibited and
permissible fire times and seasons; revising the procedure for
obtaining a burning permit; increasing permit fees; exempting
agriculture from permit fees; setting forth fire control
requirements; and establishing criminal and civil penalties.
Referred to the Committee on Natural Resources.
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. 3064--A Bill finding and
declaring certain claims against the state and its agencies to be
moral obligations of the state; and directing the Auditor to issue
warrants for the payment thereof.
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. 3105--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-26, relating to immunity from civil and
criminal liability for first responders who use forced entry in
response to a 911 call.
Referred to the Committee on the Judiciary.
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. 3114--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-2D-5b, relating to development and operation of a
nursing home on the grounds of a critical access hospital meeting
certain restrictions and exemptions from nursing home moratorium
and certificate of need requirements.
Referred to the Committee on Health and Human Resources; and
then 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. 3119--A Bill to amend and reenact §16-13A-
7 of the Code of West Virginia, 1931, as amended, relating to
increasing the expenditure limit from $15,000 to $25,000 on public
service district construction and purchase contracts before
competitive bids are required.
Referred to the Committee on Government Organization.
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. 3126--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §31-2-16, relating to railroad companies
providing pesticide safety; requiring a railroad company to provide
pesticide safety information at a central location accessible to
employees of the railroad company and to the public and local
communities along the right-of-way treated by pesticide use; and
requiring a railroad company to provide pesticide safety training
annually to its employees who work along railroad rights,of,way and
in rail yards.
Referred to the Committee on Transportation and
Infrastructure.
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. 3205--A Bill to amend and
reenact §31-20-5d of the Code of West Virginia, 1931, as amended,
relating to providing persons convicted of a criminal offense and
sentenced to confinement in a regional jail a reduction in sentence
for successful completion of education and rehabilitation programs;
increasing the time permitted by a sentence reduction from one day
to five days per program; adding an alcohol awareness program to
the programs offered; increasing the total time permitted by
sentence reduction to thirty days; and establishing an enrollment
fee for each program.
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. 3267--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-12j, relating to providing an additional
decreasing modification reducing federal adjusted gross income for
income earned by military personnel and their spouses during a
period of service in an area of armed conflict.
Referred to the Committee on Military; 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. 3268 --A Bill to amend and reenact §11-6B-
2 of the Code of West Virginia, 1931, as amended, and to reenact
§11-6B-4 of said code, all relating to who may claim a homestead
exemption for purposes of ad valorem property taxes and providing
that surviving spouse of a claimant must refile to retain the
homestead exemption after the death of a claimant.
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. House Bill No. 3269--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to
reducing state income tax liability for certain retired public
employees, certified by proper authority as permanently and totally
disabled, and surviving spouses; increasing the amount of
retirement income received from certain state and federal
retirement systems that is excluded from the calculation of income
subject to state personal income taxes; and establishing an
effective date for the increased exclusion.
Referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Joint Resolution No. 11, Proposing amendment to
Constitution designated Tangible Personal Property Tax Exemption
and Rate Reduction Amendment.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 22, 2011;
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the resolution (S. J. R. No. 11) contained in the
preceding report from the Committee on Finance was taken up for immediate consideration, read a second time and ordered to
engrossment and third reading.
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. 277, Limiting amount property
reappraisal can increase over previous amount.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 17, 2011;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 277) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a second time and ordered to
engrossment and third reading.
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. 436, Continuing personal income tax adjustment
to gross income of certain retirees.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 15, 2011;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (S. B. No. 436) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a second time and ordered to engrossment and
third reading.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 535, Providing drivers' licenses designating
licensee as honorably discharged veteran.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 535 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §17B-2-1 and §17B-2-6 of the Code of West Virginia,
1931, as amended, relating to issuance of driver's license; and
providing that licenses issued under this section may contain
information designating the licensee as a person who is an
honorably discharged veteran of any branch of the armed forces of
the United States in accordance with criteria established by the division if the licensee requests this information on the license.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Prezioso, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Transportation and Infrastructure.
At the request of Senator Beach, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 535) was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 43, Requesting DOH erect
memorial sign on Route 60, at or near Caldwell exit in Greenbrier
County, "Home of Chan Whitt Jr., 'Little Prince' Billiards
Champion".
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
Robert D. Beach,
Chair.
At the request of Senator Beach, unanimous consent being
granted, the resolution (S. C. R. No. 43) contained in the
preceding report from the Committee on Transportation and
Infrastructure was taken up for immediate consideration.
The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:
On page two, in the first Resolved clause, after the word
"Jr." by striking out the comma and the words "the 'Little Prince'
Billiards Champion";
On page two, in the second Resolved clause, after the word
"Jr." by striking out the comma and the words "the 'Little Prince'
Billiards Champion";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Senate Concurrent Resolution No. 43--Requesting the Division
of Highways to erect a memorial sign on Route 60, at or near the
Caldwell exit, in Greenbrier County, that states "Home of Chan
Whitt Jr.".
The question now being on the adoption of the resolution (S.
C. R. No. 43), as amended, 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.
The Senate proceeded to the sixth order of business.
Senators Hall, Plymale and Edgell offered the following
resolution:
Senate Concurrent Resolution No. 49--Requesting the Joint
Committee on Government and Finance to study the fiscal impact and
effects of making mandatory drug testing a part of the state
regulatory program for miners, apprenticeship miners and applicants
for a position as a miner.
Whereas, West Virginia coal miners brave potentially dangerous
working conditions on a daily basis to give the state the coal it
needs to keep the power on; and
Whereas, These conditions only become more dangerous when a
miner works beside someone that is under the influence of a
controlled substance; and
Whereas, These dangers can be prevented and deterred if a
strong drug testing program were to be put into place to protect
the safety of our West Virginia coal miners; and
Whereas, The drug testing program would screen for marijuana
metabolites, cocaine metabolites, phencyclidine, amphetamines and
opiate metabolites; and
Whereas, The drug testing program would test miners
preemployment, post-accident, return-to-work from absence, random
testing and reasonable suspicion a miner is under the influence;
and
Whereas, An operator will provide new and current miners with information and training about the drug testing and inform them of
their rights and responsibilities under the program; and
Whereas, Miners will have an appeals type procedure if they
test positive under this drug testing program; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the fiscal impact and effects of making
mandatory drug testing a part of the state regulatory program for
miners, apprenticeship miners and applicants for a position as a
miner; and, be it
Further Resolved, That the Joint Committee on Government and
Finance seek input from state agencies and private industry on the
impact and effect of mandatory drug testing of coal miners; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2012, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations and
a written review of the mandatory drug testing programs in
surrounding coal states; 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.
Petitions
Senator K. Facemyer presented a petition from Bud Ash and one
hundred West Virginia residents, opposing Committee Substitute for
Senate Bill No. 362
(Increasing excise tax on all tobacco
products).
Referred to the Committee on Finance.
Senator Laird presented a petition from Ruth Workman and two
hundred twelve West Virginia residents, opposing Committee
Substitute for Senate Bill No. 362
(Increasing excise tax on all
tobacco products).
Referred to the Committee on Finance.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 15, Providing one-time
bonus to certain public employee and teacher annuitants.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Unger, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for Senate Bill No. 18, Requiring alcohol
awareness education courses for certain employees of retailers and
licensed private clubs.
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. Com. Sub. for S. B. No. 18) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 245, Relating
to protection of Chesapeake Bay Watershed.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Snyder, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Snyder, the following
amendment to the bill was reported by the Clerk:
On page thirty-five, section seventeen-b, lines fifty-seven
through sixty-six, by striking out all of subsections (f) and (g)
and inserting in lieu thereof two new subsections (f) and (g), to
read as follows:
(f) No later than December 1, 2012, the Water Development
Authority shall report to the Joint Committee on Government and
Finance the total cost of Chesapeake Bay compliance projects and
the proposed grant awards for each eligible project.
Grant awards shall be of equal ratio among all applicants of the total cost of
each eligible project.
(g) Eligible projects that have obtained project financing
prior to December 31, 2011, may apply to the council for funding
under the provisions of this section. These applications shall be
processed and considered as all other eligible projects, and any
grant funding awarded shall be dedicated solely to payment of
principal and interest of funding previously awarded to
governmental instrumentalities of the state for required Chesapeake
Bay nutrient removal projects. The use of grant funding to retire
part or all of such debt is specifically authorized, subject to the
bond covenants and contractual obligations of the borrowing
governmental entity. However, any private portion of funding
provided by agreement between a political subdivision and one or
more private entities, either by direct capital investment or debt
service obligation, shall not be eligible for grant funding under
the provisions of this article.
Following discussion,
At the request of Senator Unger, unanimous consent being
granted, further consideration of the bill and Senator Snyder's
pending amendment was deferred until the conclusion of bills on
today's second reading calendar.
Eng. Senate Bill No. 366, Relating to Underground Storage Tank
Administrative Fund.
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. 366) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 444, Relating to protection
of nonfamily or nonhousehold members from violations of personal
safety.
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. Com. Sub. for S. B. No. 444) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 467, Prohibiting teachers from being assigned
additional duties during planning period without consent.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Monday, February 28, 2011, for
amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator Wells, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section fourteen, lines twenty-four and twenty-
five, by striking out the words "without the consent of the
teacher,";
And,
On page three, section fourteen, after line twenty-eight, by
inserting the following:
The principal of each school shall report to the county
superintendent the number of incidences in which a teacher is
assigned any responsibility during his or her planning period that
is not for the purpose of completing necessary preparations for the
instruction of pupils. For each incident, the report also shall
include the reason for the unlawful assignment of responsibility during the planning period for the unauthorized purpose. Each
county superintendent shall compile the reports into one report and
submit the report to the state superintendent. The state
superintendent shall compile all of the reports from the county
superintendents into one report and submit the report to the
Legislative Oversight Commission on Education Accountability on or
before November 1 of each year.
The bill, as just amended, was ordered to engrossment.
Engrossed Senate Bill No. 467 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, 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)--32.
The nays were: Browning--1.
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. 467) passed.
On motion of Senator Wells, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 467--A Bill
to amend and reenact §18A-4-
14 of the Code of West Virginia, 1931, as amended, relating to
requiring reports on the number of and reasons for incidences in which a teacher is unlawfully assigned any responsibility during
his or her planning period.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 488, Revising
HIV testing statute to conform with most recent recommendations
from CDC.
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. Com. Sub. for Com. Sub. for S. B. No. 488) passed with its
title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 526, Allowing
certain emergency service providers possess Naloxone to administer
in suspected overdoses.
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. Com. Sub. for Com. Sub. for S. B. No. 526) passed with its
title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 540, Creating Equine Rescue
Facilities Act.
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. Com. Sub. for S. B. No. 540) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 568, Providing attorney from public
defender office be appointed by judge in certain cases.
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. 568) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 592, Requiring schools have
crisis response plans.
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. Com. Sub. for S. B. No. 592) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 609, Clarifying certain employees of
property management firms are not required to be licensed security
guards.
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. 609) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2709, Allowing county school
boards to enter into energy-saving contracts.
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. Com. Sub. for H. B. No. 2709) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, 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, two thirds of all the members elected to the Senate having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for H. B. No. 2709) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 82, Relating to a
child's right to nurse.
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. 231, Relating to elevator
workers' licensure exemptions.
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. 242, Dedicating portion of coal
severance tax to county of origin.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Stollings, the following amendments to
the bill were reported by the Clerk and considered simultaneously:
On page three, section five-a, subsection (a), line sixteen, by striking out all of subdivision (1) and inserting in lieu
thereof a new subdivision (1), to read as follows:
"(1) Economic development projects that are approved by the
West Virginia Development Office;";
On page three, section five-a, subsection (a),
line seventeen,
after the word "Projects;" by inserting the word "and";
On page three, section five-a, subsection (a),
line eighteen,
by striking out all of subdivision (3) and inserting in lieu
thereof a new subdivision (3), to read as follows:
(3) Transportation projects in accordance with the provisions
of the Community Empowerment Transportation Act, pursuant to
article twenty-eight, chapter seventeen of this code.;
On page three, section five-a, subsection (a),
line nineteen,
by striking out all of subdivision (4);
And,
On page three, section five-a, subsection (a),
line twenty-
seven, after "(a)." by inserting the following: The West Virginia
Development Office will prepare and produce a report annually to
the Joint Committee on Government and Finance on all economic
development projects approved by the Development Office.
On motion of Senator Sypolt, the following amendment to the
amendments offered by Senator Stollings to the bill (Com. Sub. for
S. B. No. 242)
was next reported by the Clerk:
On page three, section five-a, subsection (a), line twenty-
seven, after the words "approved by the Development Office" by
changing the period to a colon and inserting the following: Provided, That an additional one percent is added to the oil and
gas severance tax that is dedicated to the counties of origin and
used solely for the purpose of repairing secondary and tertiary
roads.
Senator Unger rose to a point of order that Senator Sypolt's
amendment to the amendments offered by Senator Stollings to the
bill were not germane.
Thereafter, at the request of Senator Sypolt, unanimous
consent being granted, Senator Sypolt's amendment to the amendments
offered by Senator Stollings to the bill was withdrawn.
The question being on the adoption of the amendments offered
by Senator Stollings to the bill (Com. Sub. for S. B. No. 242), the
same was put and prevailed.
On motion of Senator Sypolt, the following amendment to the
bill, as amended, was reported by the Clerk:
On page three, section five-a, subsection (a), line twenty-
seven, after the words "approved by the Development Office" by
changing the period to a colon and inserting the following:
Provided, That an additional one percent is added to the oil and
gas severance tax that is dedicated to the counties of origin and
used solely for the purpose of repairing secondary and tertiary
roads.
Senator Unger rose to a point of order that Senator Sypolt's
amendment to the bill, as amended, was not germane.
Which point of order, the Acting President ruled not well
taken.
The question being on the adoption of Senator Sypolt's
amendment to the bill, as amended, the same was put and did not
prevail.
The bill (Com. Sub. for S. B. No. 242), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 268, Establishing driver's
license restoration program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 285, Extending time frame practitioners must
write prescriptions on official tamper-resistant paper.
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. 307, Creating
Intermediate Court of Appeals.
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. 373, Requiring School Building
Authority allocate and expend certain moneys for vocational
programs at comprehensive middle schools.
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. 410, Extending alternative-fuel
motor vehicle tax credit.
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. 424, Creating
Natural Gas Horizontal Well Control Act.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Unger, and by unanimous consent, the
bill was advanced to third reading with the right for amendments to
be considered on that reading.
Senate Bill No. 426, Requiring judge's permission before
release of juror information after trial.
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. 430, Filing civil petition for
expungement of certain criminal records.
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. 447, Relating to
violations of school attendance requirements.
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. 484, Relating to management
agreements of Higher Education Policy Commission.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Plymale, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page two, after the enacting section, by inserting the
following:
CHAPTER 18B. HIGHER EDUCATION.
;
On page fourteen, after section nine, by adding the following:
CHAPTER 18C. STUDENT LOANS, SCHOLARSHIPS AND STATE AID.
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR
MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP
PROGRAM.
§18C-7-5. Powers and duties of the West Virginia Higher Education
Policy Commission regarding the PROMISE Scholarship.
(a)
Powers of commission. -- In addition to the powers granted
by any other provision of this code, the commission has the powers
necessary or convenient to carry out the purposes and provisions of
this article including, but not limited to, the following express
powers:
(1) To promulgate legislative rules in accordance with the
provisions of article three-a, chapter twenty-nine-a of this code
to effectuate the purposes of this article;
(2) To invest any of the funds of the West Virginia PROMISE
Scholarship Fund established in section seven of this article with
the West Virginia Investment Management Board in accordance with
the provisions of article six, chapter twelve of this code. Any
investments made pursuant to this article shall be made with the
care, skill, prudence and diligence under the circumstances then
prevailing that a prudent person acting in a like capacity and
familiar with such matters would use in conducting an enterprise of a like character and with like aims. Fiduciaries shall diversify
plan investments to the extent permitted by law to minimize the
risk of large losses, unless under the circumstances it is clearly
prudent not to do so;
(3) To execute contracts and other necessary instruments;
(4) To impose reasonable requirements for residency for
students applying for the PROMISE scholarship. Except as provided
in section four, article one of this chapter, a student shall have
met the following requirements to be eligible:
(A) Completed at least one half of the credits required for
high school graduation in a public or private high school in this
state; or
(B) Received instruction in the home or other approved place
pursuant to subsection (c), section one, article eight, chapter
eighteen of this code for the two years immediately preceding
application;
(C) This subsection does not establish residency requirements
for matriculation or fee payment purposes at state institutions of
higher education;
(5) To contract for necessary goods and services, to employ
necessary personnel and to engage the services of private persons
for administrative and technical assistance in carrying out the
responsibilities of the scholarship program. Any services provided
or secured to implement or administer the provisions of this
section remain under the direction and authority of the Vice
Chancellor for Administration;
(6) To solicit and accept gifts, including bequests or other
testamentary gifts made by will, trust or other disposition,
grants, loans and other aid from any source and to participate in
any federal, state or local governmental programs in carrying out
the purposes of this article;
(7) To define the terms and conditions under which
scholarships are awarded with the minimum requirements being set
forth in section six of this article;
and
(8) To approve or reject applications for participation in the
PROMISE scholarship program by any public or private regionally
accredited institution in this state not listed in section three of
this article. The commission has the sole and unilateral authority
to grant approval to an institution to participate in the program
and approval may not be granted by any other governmental entity
nor through amendment of section three of this article; and
(8) (9) To establish other policies, procedures and criteria
necessary to implement and administer the provisions of this
article.
(b)
Duties of commission. -- In addition to any duty required
by any other provision of this code, the commission has the
following responsibilities:
(1) To operate the program in a fiscally responsible manner
and within the limits of available funds;
(2) To operate the program as a merit-based program;
(3) To adjust academic eligibility requirements should
projections indicate that available funds will not be sufficient to cover future costs; and
(4) To maintain contact with graduates who have received
PROMISE scholarships and to provide a written statement of intent
to recipients who are selected to receive a PROMISE scholarship
notifying them that acceptance of the scholarship entails a
responsibility to supply the following:
(A) Information requested by the commission to determine the
number and percentage of recipients who shall:
(i) Continue to live in West Virginia after graduation;
(ii) Obtain employment in West Virginia after graduation; and
(iii) Enroll in post-graduate education programs;
(B) For PROMISE scholars who enroll in post-graduate education
programs, the name of the state in which each post-graduate
institution is located; and
(C) Any other relevant information the commission reasonably
requests to implement the provisions of this subdivision;
(5) To analyze and use the data collected pursuant to
subdivision (4) of this subsection to:
(A) Report the findings annually to the Legislative Oversight
Commission on Education Accountability; and
(B) Make annual recommendations to the Legislative Oversight
Commission on Education Accountability regarding any actions the
commission considers necessary or expedient to encourage PROMISE
recipients to live and work in the state after graduation.;
And,
On page two, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as
follows:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §18B-1E-1, §18B-1E-2,
§18B-1E-3, §18B-1E-4, §18B-1E-5, §18B-1E-6, §18B-1E-7, §18B-1E-8
and §18B-1E-9; and that §18C-7-5 of said code be amended and
reenacted, all to read as follows:
.
The bill (Com. Sub. for S. B. No. 484), as amended, was
then
ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 492, Relating to
maximizing federal funding for state Medicaid program.
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. 499, Regulating
zipline and canopy tour operations.
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. 532, Relating to
fraud and abuse in Medicaid program.
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. 544, Relating to municipal
policemen's and firemen's pension and relief funds.
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. 553, Creating workers' compensation insurance subsidy program for volunteer fire
departments.
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. 556, Relating to Water
Development Authority employees.
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. 560, Relating to
confidentiality of Health Care Authority's rate-setting model.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 565, Providing notice and ability to be heard
during certain hearings to person residing with victim prior to
crime.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 581, Changing beginning date for early voting;
allowing Saturday early voting.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Unger, and by unanimous consent, the
bill was advanced to third reading with the right for amendments to
be considered on that reading.
Senate Bill No. 611, Extending discount for EZ Pass
transponders to all other toll roads.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 612, Exempting certain schools and school
districts from certain statutory provisions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 613, Relating to state election code.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Unger, and by unanimous consent, the
bill was advanced to third reading with the right for amendments to
be considered on that reading.
Eng. Com. Sub. for House Bill No. 3145, Providing a one-time
bonus to certain annuitants of the Public Employees Retirement
System and the State Teachers Retirement System.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Green, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
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.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 245, Relating
to protection of Chesapeake Bay Watershed.
On third reading, coming up in deferred order, was again
reported by the Clerk.
On motion of Senator Snyder, the following pending amendment
to the bill was again reported by the Clerk:
On page thirty-five, section seventeen-b, lines fifty-seven
through sixty-six, by striking out all of subsections (f) and (g)
and inserting in lieu thereof two new subsections (f) and (g), to
read as follows:
(f) No later than December 1, 2012, the Water Development
Authority shall report to the Joint Committee on Government and
Finance the total cost of Chesapeake Bay compliance projects and
the proposed grant awards for each eligible project. Grant awards
shall be of equal ratio among all applicants of the total cost of
each eligible project.
(g) Eligible projects that have obtained project financing
prior to December 31, 2011, may apply to the council for funding
under the provisions of this section. These applications shall be
processed and considered as all other eligible projects, and any
grant funding awarded shall be dedicated solely to payment of
principal and interest of funding previously awarded to
governmental instrumentalities of the state for required Chesapeake
Bay nutrient removal projects. The use of grant funding to retire
part or all of such debt is specifically authorized, subject to the bond covenants and contractual obligations of the borrowing
governmental entity. However, any private portion of funding
provided by agreement between a political subdivision and one or
more private entities, either by direct capital investment or debt
service obligation, shall not be eligible for grant funding under
the provisions of this article.
Following discussion,
The question being on the adoption of Senator Snyder's
amendment to the bill, the same was put and prevailed.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 245 was then 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, 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: Fanning and Tomblin (Mr. President)--2.
So, a majority of all the members present and voting having
voted in the affirmative, the Acting President declared the bill
(Eng. Com. Sub. for Com. Sub. for S. B. No. 245) passed.
On motion of Senator Snyder, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 245--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; establishing distribution guidelines for grants to
eligible projects; making Chesapeake Bay compliance projects with
funding approved before a certain date eligible for grant funding;
and limiting eligibility of grant funding.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Unger, unanimous consent being
granted,
the Senate returned to the fourth order of business.
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. 350 (originating in the
Committee on Banking and Insurance), Creating all-payer claims
database.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 350 (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 §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5,
§33-16G-6, §33-16G-7 and §33-16G-8, all relating to an all-payer
claims database; declaring purpose; defining terms; developing the
database by the Insurance Commissioner, Secretary of Health and
Human Resources and Chairperson of the Health Care Authority;
authorizing joint emergency and legislative rules; providing for
compliance with privacy laws; permitting fees and assessments to be
assessed; authorizing penalties to be set by rule; authorizing
injunctive relief; establishing special revenue account; and
allowing other sanctions.
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 S. B. No. 350) 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 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. 391, Relating to early in-person
voting; community voting locations.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 23, 2011;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 391) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On pages six through nine, by striking out all of section
three;
And,
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §3-3-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:.
The bill (Com. Sub. for S. B. No. 391), as amended, was then
ordered to engrossment and third reading.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 539, Increasing cities in which certain police
chiefs are entitled to reinstatement.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 539 (originating in the
Committee on Government Organization)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §8-14-3a, relating to allowing police chiefs and deputy
chiefs in Class III and Class IV municipalities to be reinstated to
previous rank after term as chief or deputy chief is completed.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 539) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time and ordered
to second reading.
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. 550, Relating generally to
gaming at licensed racetracks and historic resort hotels.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 23, 2011;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 550) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On pages seventeen through twenty-nine, by striking out all of
section ten and inserting in lieu thereof a new section ten, to
read as follows:
§29-22A-10. Accounting and reporting; commission to provide
communications protocol data; distribution of net terminal
income; remittance through electronic transfer of funds;
establishment of accounts and nonpayment penalties; commission
control of accounting for net terminal income; settlement of
accounts; manual reporting and payment may be required;
request for reports; examination of accounts and records.
(a) The commission shall provide to manufacturers, or
applicants applying for a manufacturer's permit, the protocol
documentation data necessary to enable the respective
manufacturer's video lottery terminals to communicate with the
commission's central computer for transmitting auditing program
information and for activation and disabling of video lottery
terminals.
(b) The gross terminal income of a licensed racetrack shall be
remitted to the commission through the electronic transfer of
funds. Licensed racetracks shall furnish to the commission all
information and bank authorizations required to facilitate the
timely transfer of moneys to the commission. Licensed racetracks
must provide the commission thirty days' advance notice of any
proposed account changes in order to assure the uninterrupted electronic transfer of funds. From the gross terminal income
remitted by the licensee to the commission:
(1) The commission shall deduct an amount sufficient to
reimburse the commission for its actual costs and expenses incurred
in administering racetrack video lottery at the licensed racetrack
and the resulting amount after the deduction is the net terminal
income. The amount deducted for administrative costs and expenses
of the commission may not exceed four percent of gross terminal
income: Provided, That any amounts deducted by the commission for
its actual costs and expenses that exceeds its actual costs and
expenses shall be deposited into the State Lottery Fund.
For the
fiscal years ending June 30, 2006, 2007, 2008, 2009, 2010 and 2011,
through June 30, 2020, the term "actual costs and expenses" shall
may include transfers of no more than $20 up to $10 million in
surplus allocations for each fiscal year, as calculated by the
commission when it has closed its books for the fiscal year, to the
Revenue Center Construction Fund
Licensed Racetrack Modernization
Fund
created by subsection (1), section eighteen, article
twenty-two of this chapter for the purpose of constructing a state
office building subdivision (2), subsection (b) of this section.
For all fiscal years beginning on or after July 1, 2001, the
commission shall not receive an amount of gross terminal income in
excess of the amount of gross terminal income received during the
fiscal year ending on June 30, 2001, but four percent of any amount
of gross terminal income received in excess of the amount of gross
terminal income received during the fiscal year ending on June 30, 2001, shall be deposited into the fund established in section
eighteen-a, article twenty-two of this chapter; and
(2) A Licensed Racetrack Modernization Fund is created within
the lottery fund. For all fiscal years beginning on or after July
1, 2011, and ending with the fiscal year beginning July 1, 2020,
the commission shall deposit such amounts as are available
according to subdivision (1), subsection (b) of this section into
a separate facility modernization account maintained within the
Licensed Racetrack Modernization Fund for each racetrack. Each
racetrack's share of each year's deposit shall be calculated in the
same ratio as each racetrack's apportioned contribution to the four
percent administrative costs and expenses allowance provided for in
subdivision (1), subsection (b) of this section for that year. For
each two dollars expended by a licensed racetrack for facility
modernization improvements at the racetrack, having a useful life
of three or more years and placed in service after July 1, 2011,
the licensed racetrack shall receive $1 in recoupment from its
facility modernization account. If the licensed racetrack's
facility modernization account contains a balance in any fiscal
year, the unexpended balance from that fiscal year will be
available for matching for one additional fiscal year, after which
time, the remaining unused balance carried forward shall revert to
the lottery fund. For purposes of this section, the term "facility
modernization improvements"
includes acquisitions of new and unused
video lottery terminals and related equipment. Video lottery
terminals financed through the recoupment provided in this subdivision must be retained by the licensee in its West Virginia
licensed location for a period of not less than five years from the
date of initial installation.
(c)
Net
The amount resulting after the deductions required by
subsection (b) of this section constitutes net
terminal income that
shall be divided as set out in this subsection. For all fiscal
years beginning on or after July 1, 2001, any amount of net
terminal income received in excess of the amount of net terminal
income received during the fiscal year ending on June 30, 2001,
shall be divided as set out in section ten-b of this article. The
licensed racetrack's share is in lieu of all lottery agent
commissions and is considered to cover all costs and expenses
required to be expended by the licensed racetrack in connection
with video lottery operations. The division shall be made as
follows:
(1) The commission shall receive thirty percent of net
terminal income, which shall be paid into the State Lottery Fund as
provided in section ten-a of this article;
(2) Until July 1, 2005, fourteen percent of net terminal
income at a licensed racetrack shall be deposited in the special
fund established by the licensee, and used for payment of regular
purses in addition to other amounts provided for in article
twenty-three, chapter nineteen of this code, on and after July 1,
2005, the rate shall be seven percent of net terminal income;
(3) The county where the video lottery terminals are located
shall receive two percent of the net terminal income: Provided, That:
(A) Beginning July 1, 1999, and thereafter, any amount in
excess of the two percent received during the fiscal year 1999 by
a county in which a racetrack is located that has participated in
the West Virginia Thoroughbred Development Fund since on or before
January 1, 1999, shall be divided as follows:
(i) The county shall receive fifty percent of the excess
amount; and
(ii) The municipalities of the county shall receive fifty
percent of the excess amount, said fifty percent to be divided
among the municipalities on a per capita basis as determined by the
most recent decennial United States census of population; and
(B) Beginning July 1, 1999, and thereafter, any amount in
excess of the two percent received during the fiscal year 1999 by
a county in which a racetrack other than a racetrack described in
paragraph (A) of this proviso is located and where the racetrack
has been located in a municipality within the county since on or
before January 1, 1999, shall be divided, if applicable, as
follows:
(i) The county shall receive fifty percent of the excess
amount; and
(ii) The municipality shall receive fifty percent of the
excess amount; and
(C) This proviso shall not affect the amount to be received
under this subdivision by any other county other than a county
described in paragraph (A) or (B) of this proviso;
(4) One percent of net terminal income shall be paid for and
on behalf of all employees of the licensed racing association by
making a deposit into a special fund to be established by the
Racing Commission to be used for payment into the pension plan for
all employees of the licensed racing association;
(5) The West Virginia Thoroughbred Development Fund created
under section thirteen-b, article twenty-three, chapter nineteen of
this code and the West Virginia Greyhound Breeding Development Fund
created under section ten of said article shall receive an equal
share of a total of not less than one and one-half percent of the
net terminal income;
(6) The West Virginia Racing Commission shall receive one
percent of the net terminal income which shall be deposited and
used as provided in section thirteen-c, article twenty-three,
chapter nineteen of this code;
(7) A licensee shall receive forty-six and one-half percent of
net terminal income;
(8)(A) The Tourism Promotion Fund established in section
twelve, article two, chapter five-b of this code shall receive
three percent of the net terminal income: Provided, That for the
fiscal year beginning July 1, 2003, the Tourism Commission shall
transfer from the Tourism Promotion Fund $5 million of the three
percent of the net terminal income described in this section and
section ten-b of this article into the fund administered by the
West Virginia Economic Development Authority pursuant to section
seven, article fifteen, chapter thirty-one of this code, $5 million into the Capitol Renovation and Improvement Fund administered by
the Department of Administration pursuant to section six, article
four, chapter five-a of this code and $5 million into the Tax
Reduction and Federal Funding Increased Compliance Fund; and
(B) Notwithstanding any provision of paragraph (A) of this
subdivision to the contrary, for each fiscal year beginning after
June 30, 2004, this three percent of net terminal income and the
three percent of net terminal income described in paragraph (B),
subdivision (8), subsection (a), section ten-b of this article
shall be distributed as provided in this paragraph as follows:
(i) 1.375 percent of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the Tourism Promotion Fund created under
section twelve, article two, chapter five-b of this code;
(ii) 0.375 percent of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the Development Office Promotion Fund
created under section three-b, article two, chapter five-b of this
code;
(iii) 0.5 percent of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the Research Challenge Fund created under
section ten, article one-b, chapter eighteen-b of this code;
(iv) 0.6875 percent of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the Capitol Renovation and Improvement Fund administered by the Department of Administration pursuant to
section six, article four, chapter five-a of this code; and
(v) 0.0625 percent of the total amount of net terminal income
described in this section and in section ten-b of this article
shall be deposited into the 2004 Capitol Complex Parking Garage
Fund administered by the Department of Administration pursuant to
section five-a, article four, chapter five-a of this code;
(9)(A) On and after July 1, 2005, seven percent of net
terminal income shall be deposited into the Workers' Compensation
Debt Reduction Fund created in section five, article two-d, chapter
twenty-three of this code: Provided, That in any fiscal year when
the amount of money generated by this subdivision totals $11
million, all subsequent distributions under this subdivision shall
be deposited in the special fund established by the licensee and
used for the payment of regular purses in addition to the other
amounts provided for in article twenty-three, chapter nineteen of
this code;
(B) The deposit of the seven percent of net terminal income
into the Workers' Compensation Debt Reduction Fund pursuant to this
subdivision shall expire and not be imposed with respect to these
funds and shall be deposited in the special fund established by the
licensee and used for payment of regular purses in addition to the
other amounts provided in article twenty-three, chapter nineteen of
this code, on and after the first day of the month following the
month in which the Governor certifies to the Legislature that: (i)
The revenue bonds issued pursuant to article two-d, chapter twenty-three of this code, have been retired or payment of the debt
service provided for; and (ii) that an independent certified
actuary has determined that the unfunded liability of the old fund,
as defined in chapter twenty-three of this code, has been paid or
provided for in its entirety; and
(10) The remaining one percent of net terminal income shall be
deposited as follows:
(A) For the fiscal year beginning July 1, 2003, the veterans
memorial program shall receive one percent of the net terminal
income until sufficient moneys have been received to complete the
veterans memorial on the grounds of the State Capitol Complex in
Charleston, West Virginia. The moneys shall be deposited in the
State Treasury in the Division of Culture and History special fund
created under section three, article one-I, chapter twenty-nine of
this code: Provided, That only after sufficient moneys have been
deposited in the fund to complete the veterans memorial and to pay
in full the annual bonded indebtedness on the veterans memorial,
not more than $20,000 of the one percent of net terminal income
provided in this subdivision shall be deposited into a special
revenue fund in the State Treasury, to be known as the "John F.
'Jack' Bennett Fund". The moneys in this fund shall be expended by
the Division of Veterans Affairs to provide for the placement of
markers for the graves of veterans in perpetual cemeteries in this
state. The Division of Veterans Affairs shall promulgate
legislative rules pursuant to the provisions of article three,
chapter twenty-nine-a of this code specifying the manner in which the funds are spent, determine the ability of the surviving spouse
to pay for the placement of the marker and setting forth the
standards to be used to determine the priority in which the
veterans grave markers will be placed in the event that there are
not sufficient funds to complete the placement of veterans grave
markers in any one year, or at all. Upon payment in full of the
bonded indebtedness on the veterans memorial, $100,000 of the one
percent of net terminal income provided for in this subdivision
shall be deposited in the special fund in the Division of Culture
and History created under section three, article one-i, chapter
twenty-nine of this code and be expended by the Division of Culture
and History to establish a West Virginia veterans memorial archives
within the Cultural Center to serve as a repository for the
documents and records pertaining to the veterans memorial, to
restore and maintain the monuments and memorial on the capitol
grounds: Provided, however, That $500,000 of the one percent of
net terminal income shall be deposited in the State Treasury in a
special fund of the Department of Administration, created under
section five, article four, chapter five-a of this code, to be used
for construction and maintenance of a parking garage on the state
Capitol Complex; and the remainder of the one percent of net
terminal income shall be deposited in equal amounts in the Capitol
Dome and Improvements Fund created under section two, article four,
chapter five-a of this code and Cultural Facilities and Capitol
Resources Matching Grant Program Fund created under section three,
article one of this chapter;
(B) For each fiscal year beginning after June 30, 2004:
(i) Five hundred thousand dollars of the one percent of net
terminal income shall be deposited in the State Treasury in a
special fund of the Department of Administration, created under
section five, article four, chapter five-a of this code, to be used
for construction and maintenance of a parking garage on the State
Capitol Complex; and
(ii) The remainder of the one percent of net terminal income
and all of the one percent of net terminal income described in
paragraph (B), subdivision (9), subsection (a), section ten-b of
this article twenty-two-a shall be distributed as follows: The net
terminal income shall be deposited in equal amounts into the
Capitol Dome and Capitol Improvements Fund created under section
two, article four, chapter five-a of this code and the Cultural
Facilities and Capitol Resources Matching Grant Program Fund
created under section three, article one, chapter twenty-nine of
this code until a total of $1,500,000 is deposited into the
Cultural Facilities and Capitol Resources Matching Grant Program
Fund; thereafter, the remainder shall be deposited into the Capitol
Dome and Capitol Improvements Fund.
(d) Each licensed racetrack shall maintain in its account an
amount equal to or greater than the gross terminal income from its
operation of video lottery machines, to be electronically
transferred by the commission on dates established by the
commission. Upon a licensed racetrack's failure to maintain this
balance, the commission may disable all of a licensed racetrack's video lottery terminals until full payment of all amounts due is
made. Interest shall accrue on any unpaid balance at a rate
consistent with the amount charged for state income tax delinquency
under chapter eleven of this code. The interest shall begin to
accrue on the date payment is due to the commission.
(e) The commission's central control computer shall keep
accurate records of all income generated by each video lottery
terminal. The commission shall prepare and mail to the licensed
racetrack a statement reflecting the gross terminal income
generated by the licensee's video lottery terminals. Each licensed
racetrack shall report to the commission any discrepancies between
the commission's statement and each terminal's mechanical and
electronic meter readings. The licensed racetrack is solely
responsible for resolving income discrepancies between actual money
collected and the amount shown on the accounting meters or on the
commission's billing statement.
(f) Until an accounting discrepancy is resolved in favor of
the licensed racetrack, the commission may make no credit
adjustments. For any video lottery terminal reflecting a
discrepancy, the licensed racetrack shall submit to the commission
the maintenance log which includes current mechanical meter
readings and the audit ticket which contains electronic meter
readings generated by the terminal's software. If the meter
readings and the commission's records cannot be reconciled, final
disposition of the matter shall be determined by the commission.
Any accounting discrepancies which cannot be otherwise resolved shall be resolved in favor of the commission.
(g) Licensed racetracks shall remit payment by mail if the
electronic transfer of funds is not operational or the commission
notifies licensed racetracks that remittance by this method is
required. The licensed racetracks shall report an amount equal to
the total amount of cash inserted into each video lottery terminal
operated by a licensee, minus the total value of game credits which
are cleared from the video lottery terminal in exchange for winning
redemption tickets, and remit the amount as generated from its
terminals during the reporting period. The remittance shall be
sealed in a properly addressed and stamped envelope and deposited
in the United States mail no later than noon on the day when the
payment would otherwise be completed through electronic funds
transfer.
(h) Licensed racetracks may, upon request, receive additional
reports of play transactions for their respective video lottery
terminals and other marketing information not considered
confidential by the commission. The commission may charge a
reasonable fee for the cost of producing and mailing any report
other than the billing statements.
(i) The commission has the right to examine all accounts, bank
accounts, financial statements and records in a licensed
racetrack's possession, under its control or in which it has an
interest and the licensed racetrack shall authorize all third
parties in possession or in control of the accounts or records to
allow examination of any of those accounts or records by the commission.
The bill (Com. Sub. for S. B. No. 550), as amended, was then
ordered to engrossment and third reading.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 569, Increasing homeowners' associations dues
to provide sufficient funding for certain maintenance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 569 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§36B-1-203 of the Code of West Virginia, 1931, as amended, relating
to increasing the maximum homeowners' associations' fees for the
exception for small and limited expense liability planned
communities.
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,
Herb Snyder,
Chair.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Snyder, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 569) was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 570, Creating Volunteer for Nonprofit Youth
Organizations Exemption from Licensing, Certification and
Permitting Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 570 (originating in the
Committee on Government Organization)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5, §29-
29-6, §29-29-7 and §29-29-8, all relating to creating an exemption
from licensing for nonprofit youth volunteers; exempting certain
volunteers for nonprofit youth organizations from licensing,
certification and permitting; stating purpose; defining terms;
exempting certain medical service professionals; exempting certain
law-enforcement officers; exempting certain emergency medical
service professionals; stating duties of the nonprofit youth
organization; providing for the revocation of permits; defining liability of the volunteers and the nonprofit youth organizations;
and declaring the sections of said article severable.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Herb Snyder,
Chair.
At the request of Senator Snyder, unanimous consent being
granted, the bill (Com. Sub. for S. B. No 570) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time and ordered
to second reading.
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. 606, Providing funding for
parkways project along U. S. Route 35.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 25, 2011;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso requested unanimous consent that the bill
(Com. Sub. for S. B. No. 606) contained in the preceding report from the Committee on Finance be taken up for immediate
consideration.
Which consent was not granted, Senator K. Facemyer objecting.
On motion of Senator Unger, the bill was taken up for
immediate consideration
and read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On pages seven and eight, section ten, by striking out all of
subsection (p) and inserting in lieu thereof a new subsection (p),
to read as follows:
(p) Notwithstanding any other provision of this article, if
and when the trustee for the Parkways Authority's toll revenue
bonds shall have sufficient funds and U. S. Treasury securities on
hand in a defeasance escrow account and in other available funds
and accounts held under the trust indenture by the trustee that can
be made available for defeasance of such bonds that, in the
aggregate, are sufficient to pay all principal of, interest on and
applicable premium, if any, on such bonds as and when the same
shall become due, the authority shall direct the trustee to defease
such bonds at the first practicable date and time in compliance
with the applicable trust indenture requirements and federal tax
law and regulations and the authority shall take steps to
accomplish such defeasance. Upon such defeasance or the final
maturity and final payment of all such bonds, whichever shall first
occur, the authority shall there upon cease to charge and collect
tolls along the authority's U. S. Route 35 parkways project.
The bill (Com. Sub. for S. B. No. 606), as amended, was then
ordered to engrossment and third reading.
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. 608, Increasing fees for services and
documents issued by DMV.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 23, 2011;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (S. B. No. 608) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration and read a second time.
At the request of Senator Beach, and by unanimous consent, the
bill was advanced to third reading with the right for amendments to
be considered on that reading.
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. 614, Permitting specific law-enforcement officials access to certain confidential pharmaceutical
information.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Health and Human Resources on February
28, 2011;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Ron Stollings,
Chair.
At the request of Senator Stollings, unanimous consent being
granted, the bill (S. B. No. 614) contained in the preceding report
from the Committee on Health and Human Resources was taken up for
immediate consideration and 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:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.
§60A-9-5. Confidentiality; limited access to records; period of
retention; no civil liability for required reporting.
(a) (1) The information required by this article to be kept by
the State Board of Pharmacy is confidential and is open to
inspection only by inspectors and agents of the State Board of
Pharmacy, members of the West Virginia State Police expressly authorized by the Superintendent of the West Virginia State Police
to have access to the information, authorized agents of local law-
enforcement agencies and deputy sheriffs as a member of a federally
affiliated drug task force, authorized agents of the federal Drug
Enforcement Administration, duly authorized agents of the Bureau
for Medical Services and the Workers' Compensation Commission, duly
authorized agents of the Office of the Chief Medical Examiner for
use in post-mortem examinations, duly authorized agents of
licensing boards of practitioners in this state and other states
authorized to prescribe Schedules II, III and IV controlled
substances, prescribing practitioners and pharmacists and persons
with an enforceable court order or regulatory agency administrative
subpoena: Provided, That all law-enforcement personnel who have
access to the controlled substances monitoring database shall be
granted access in accordance with applicable state laws and Board
of Pharmacy legislative rules and shall be certified as a West
Virginia law-enforcement officer and shall have successfully
completed U. S. Drug Enforcement Administration Diversion Training
and National Association of Drug Diversion Investigation Training.
Provided, That all All information released by the State Board of
Pharmacy must be related to a specific patient or a specific
individual or entity under investigation by any of the above
parties except that practitioners who prescribe controlled
substances may request specific data related to their Drug
Enforcement Administration controlled substance registration number
or for the purpose of providing treatment to a patient.
(2) Subject to the provisions of subdivision (1) of this
subsection, the board shall also review the West Virginia
Controlled Substance Monitoring Program database and issue reports
that identify abnormal or unusual practices of both health care
professionals and patients who exceed predetermined parameters. All
reports produced by the board shall be kept confidential and may
only be used in furtherance of communicating with licensing boards
regarding abnormal prescription and dispensing practices or by
prescribers to more effectively manage the medications of their
patients. The board shall maintain the information required by
this article for a period of not less than five years.
Notwithstanding any other provisions of this code to the contrary,
data obtained under the provisions of this article may be used for
compilation of educational, scholarly or statistical purposes as
long as the identities of persons or entities remain confidential.
No individual or entity required to report under section four of
this article may be subject to a claim for civil damages or other
civil relief for the reporting of information to the Board of
Pharmacy as required under and in accordance with the provisions of
this article.
(3) The board shall establish an advisory committee to
develop, implement and recommend parameters to be used in
identifying abnormal or unusual prescribing or dispensing patterns
in this state. This advisory committee shall:
(A) Consist of the following members: A licensed physician
member of the West Virginia Board of Medicine, a licensed dentist member of the West Virginia Board of Dental Examiners, a licensed
physician member of the West Virginia Board of Osteopathy, a member
of the Controlled Substance Advisory Board of the Partnership for
Community Well-Being, a licensed physician certified by the
American Board of Pain Medicine and a licensed physician board
certified in medical oncology recommended by the West Virginia
State Medical Association, a licensed physician board certified in
palliative care recommended by the West Virginia Center on End of
Life Care, a member of the West Virginia Board of Pharmacy, a
licensed physician member of the West Virginia Academy of Family
Practice Physicians and a representative of a controlled substance
wholesaler chosen by the Board of Pharmacy.
(B) Recommend parameters to identify abnormal or unusual
prescribing or dispensing patterns of use of controlled substances
for both patients and health care professionals in order to prepare
reports as requested in accordance with subsection (a), subdivision
(2) of this section.
(C) Recommend parameters unique to different health care
professionals due to the nature of their work such as palliative
care physicians, oncologists and pain medicine specialists.
(D) Make recommendations for training, research and other
areas that are determined by the committee to have the potential to
reduce inappropriate use of prescription drugs in this state.
(b) Upon receipt of the committee's recommendations of
parameters for prescribing and dispensing specific to each
profession and subspecialty therewithin, each professional licensing board shall adopt parameters for the profession and
subspecialties thereof and provide them to the board.
(c) The Board of Pharmacy is responsible for establishing the
advisory committee and providing administrative support. The
advisory committee shall elect a chair by majority vote. The board
shall promulgate rules with advice and consent of the advisory
committee, in accordance with the provisions of article three,
chapter twenty-nine-a of this code on or before June 1, 2012. The
legislative rules must include, but shall not be limited to, the
following matters: (1) Identifying parameters used in identifying
abnormal or unusual prescribing or dispensing patterns; (2)
processing parameters and developing reports of abnormal or unusual
prescribing or dispensing patterns for both patients and health
care professionals; and (3) establishing the information to be
contained in reports and the process by which the reports will be
generated and disseminated.
(b) (d) All practitioners, as that term is defined in section
one hundred one, article two of this chapter who prescribe or
dispense Schedule II, III or IV controlled substances shall, on or
before July 1, 2011, have online or other form of electronic access
to the West Virginia Controlled Substances Monitoring Program
database;
(c) (e) Persons or entities with access to the West Virginia
Controlled Substances Monitoring Program database pursuant to this
section may, pursuant to rules promulgated by the Board of
Pharmacy, delegate appropriate personnel to have access to said database;
(d) (f) Good faith reliance by a practitioner on information
contained in the West Virginia Controlled Substances Monitoring
Program database in prescribing or dispensing or refusing or
declining to prescribe or dispense a Schedule II, III or IV
controlled substance shall constitute an absolute defense in any
civil or criminal action brought due to prescribing or dispensing
or refusing or declining to prescribe or dispense; and
(e) The Board of Pharmacy is hereby authorized to promulgate
an emergency rule under chapter twenty-nine-a to effectuate the
amendments to this section enacted during the 2010 Regular Session
of the Legislature.
(g) A prescribing practitioner may notify law enforcement of
a patient, who in the prescribing practitioner's judgment may be in
violation of section four hundred ten, article four, chapter sixty-
a of this code, based on information obtained and reviewed from the
controlled substances monitoring database. A prescribing
practitioner who makes a notification pursuant to this subsection
shall be immune from any civil, administrative or criminal
liability that otherwise might be incurred or imposed because of
such notification if such notification is made in good faith.
(f) (h) Nothing in the article shall be construed to require
a practitioner to access the West Virginia Controlled Substances
Monitoring Program database.
(i) Unauthorized access or use or unauthorized disclosure of
the information in the database is a felony punishable by incarceration in a state correctional facility for not less than
one year nor more than five years or fined not less than three
thousand dollars nor more than ten thousand dollars, or both.
(j) The Board of Pharmacy shall make every effort to update
the database to a real-time database as soon as a system is
available and when funding is available. The implementation of the
parameters to identify abnormal or unusual prescribing or
dispensing patterns or practices as established by this article
shall be contingent on available funding.
(k) The Board of Pharmacy shall provide an annual report on
the West Virginia Controlled Substance Monitoring Program to the
Legislative Oversight Commission on Health and Human Resources
Accountability with recommendations for needed legislation.
The bill (S. B. No. 614), as amended, was then ordered to
engrossment and third reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator K. Facemyer.
Thereafter, at the request of Senator Sypolt, and by unanimous
consent, the remarks by Senator K. Facemyer were ordered printed in
the Appendix to the Journal.
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, Wednesday, March 2, 2011, at 11 a.m.
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