sdj-60th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
REGULAR SESSION, 2014
SIXTIETH DAY
____________
Charleston, W. Va., Saturday, March 8, 2014
The Senate met at 11 a.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by Dr. Monty Brown, St. Marks United
Methodist Church, Charleston, West Virginia.
Greenbrier Academy for Girls Drum Ensemble, Pence Springs,
West Virginia, proceeded in the playing of the traditional West
African rhythms "Alfunga", "Kuku" and "Yacru".
Pending the reading of the Journal of Friday, March 7, 2014,
On motion of Senator Blair, 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 Clerk presented a communication from the Department of
Health and Human Resources, submitting its annual Youth Services
report, in accordance with chapter forty-nine, article five-b,
section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Geological and Economic Survey, submitting its annual report as required by
chapter twenty-nine, article two, section six of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the fourth order of business.
Senator Green, from the Committee on Confirmations, submitted
the following report, which was received:
Your Committee on Confirmations has had under consideration
Senate Executive Message No. 2, dated February 26, 2014,
requesting confirmation by the Senate of the nominations mentioned
therein. The following list of names from Executive Message No. 2
is submitted:
1. For Member, Parkways Authority, William Cipriani,
Wellsburg, Brooke County, for the term ending June 30, 2014.
2. For Member, Board of Banking and Financial Institutions,
Larry Mazza, Bridgeport, Harrison County, for the term ending June
30, 2018.
3. For Member, Board of Banking and Financial Institutions,
Brent Gray, Jodie, Fayette County, for the term ending June 30,
2018.
4. For Member, College Prepaid Tuition and Savings Program
Board of Trustees, Phyllis Arnold, Charleston, Kanawha County, for
the term ending June 30, 2014.
5. For Member, Public Service Commission, Michael Albert,
Charleston, Kanawha County, for the term ending June 30, 2019.
6. For Secretary, Department of Health and Human Resources,
Karen Bowling, Beckley, Raleigh County, to serve at the will and
pleasure of the Governor.
7. For Executive Director, Public Defender Services, Dana
Eddy, Charleston, Kanawha County, to serve at the will and pleasure
of the Governor.
8. For Secretary, Department of Revenue, The Honorable
Robert S. Kiss, Charleston, Kanawha County, to serve at the will
and pleasure of the Governor.
9. For Secretary, Department of Veterans' Assistance, The
Honorable Richard Thompson, Lavalette, Wayne County, to serve at
the will and pleasure of the Governor.
10. For Member, New River Community and Technical College
Board of Governors, Leslie Baker, Beckley, Raleigh County, for the
term ending June 30, 2017.
11. For Member, New River Community and Technical College
Board of Governors, Robert Farley, Princeton, Mercer County, for
the term ending June 30, 2014.
12. For Member, New River Community and Technical College
Board of Governors, Albert Martine III, Daniels, Raleigh County,
for the term ending June 30, 2014.
13. For Member, New River Community and Technical College
Board of Governors, Deborah Hill, Mt. Nebo, Nicholas County, for
the term ending June 30, 2017.
14. For Member, New River Community and Technical College
Board of Governors, Shirley Runyon, Lewisburg, Greenbrier County, for the term ending June 30, 2016.
15. For Member, New River Community and Technical College
Board of Governors, David Nalker, Lewisburg, Greenbrier County, for
the term ending June 30, 2016.
16. For Member, Marshall University Board of Governors, Dale
Lowther, Parkersburg, Wood County, for the term ending June 30,
2017.
17. For Member, Marshall University Board of Governors, Dr.
Joseph Touma, Huntington, Cabell County, for the term ending June
30, 2016.
18. For Member, Marshall University Board of Governors,
Edward Howard III, Scottsdale, Arizona, for the term ending June
30, 2017.
19. For Member, Marshall University Board of Governors, James
Bailes, Huntington, Cabell County, for the term ending June 30,
2016.
20. For Member, Marshall University Board of Governors, Tim
Dagostine, Charleston, Kanawha County, for the term ending June 30,
2016.
21. For Member, Marshall University Board of Governors,
Christie Kinsey, Lavalette, Wayne County, for the term ending June
30, 2016.
22. For Member, Marshall University Board of Governors, Phil
Cline, Huntington, Cabell County, for the term ending June 30,
2017.
23. For Member, West Virginia University Board of Governors, Rob Alsop, Charleston, Kanawha County, for the term ending June 30,
2017.
24. For Member, West Virginia University Board of Governors,
Diane Lewis, Morgantown, Monongalia County, for the term ending
June 30, 2017.
25. For Member, West Virginia University Board of Governors,
William Wilmoth, Wheeling, Ohio County, for the term ending June
30, 2017.
26. For Member, Pierpont Community and Technical College
Board of Governors, Kyle Hamilton, Fairmont, Marion County, for the
term ending June 30, 2016.
27. For Member, Pierpont Community and Technical College
Board of Governors, Earl McConnell, Fairmont, Marion County, for
the term ending June 30, 2016.
28. For Member, Pierpont Community and Technical College
Board of Governors, Lewis Weaver, Fairmont, Marion County, for the
term ending June 30, 2016.
29. For Member, Pierpont Community and Technical College
Board of Governors, Jeff Tucker, Bridgeport, Taylor County, for the
term ending June 30, 2016.
30. For Member, Pierpont Community and Technical College
Board of Governors, Sharon Shaffer, Barrackville, Marion County,
for the term ending June 30, 2016.
31. For Member, Pierpont Community and Technical College
Board of Governors, Warren VanAlsburg, Bridgeport, Harrison County,
for the term ending June 30, 2014.
32. For Member, West Virginia State University Board of
Governors, Paul Konstanty, Hurricane, Putnam County, for the term
ending June 30, 2017.
33. For Member, West Virginia State University Board of
Governors, The Honorable Thomas Susman, Charleston, Kanawha County,
for the term ending June 30, 2017.
34. For Member, West Virginia State University Board of
Governors, Dr. Ann Brothers Smith, Detroit, Michigan, for the term
ending June 30, 2017.
35. For Member, Glenville State College Board of Governors,
Timothy Butcher, Glenville, Gilmer County, for the term ending June
30, 2017.
36. For Member, Glenville State College Board of Governors,
Mike Fulks, Bridgeport, Harrison County, for the term ending June
30, 2017.
37. For Member, Glenville State College Board of Governors,
Mike Forbes, Charleston, Kanawha County, for the term ending June
30, 2017.
38. For Member, West Liberty University Board of Governors,
George Couch, Wheeling, Ohio County, for the term ending June 30,
2017.
39. For Member, West Liberty University Board of Governors,
Sandra Chapman, Wheeling, Ohio County, for the term ending June 30,
2016.
40. For Member, West Liberty University Board of Governors,
Joe Carey, New York, New York, for the term ending June 30, 2017.
41. For Member, Fairmont State University Board of Governors,
Dixie Yann, Fairmont, Marion County, for the term ending June 30,
2017.
42. For Member, Fairmont State University Board of Governors,
Bryan Towns, Fairmont, Marion County, for the term ending June 30,
2017.
43. For Member, Fairmont State University Board of Governors,
John Schirripa, Bridgeport, Harrison County, for the term ending
June 30, 2017.
44. For Member, Natural Resources Commission, Byron Chambers,
Romney, Hampshire County, for the term ending June 30, 2020.
45. For Member, Veterans' Council, James DeCarlo, St. Albans,
Kanawha County, for the term ending June 30, 2019.
46. For Member, Veterans' Council, Miles Epling, Point
Pleasant, Mason County, for the term ending June 30, 2019.
47. For Member, Veterans' Council, Bill Harris, Glen Easton,
Marshall County, for the term ending June 30, 2019.
48. For Member, Veterans' Council, James McCormick, New
Haven, Mason County, for the term ending June 30, 2016.
49. For Member, Bluefield State College Board of Governors,
Harold Wells, Bluefield, Mercer County, for the term ending June
30, 2017.
50. For Member, Bluefield State College Board of Governors,
Roger Topping, Princeton, Mercer County, for the term ending June
30, 2017.
51. For Member, Bluefield State College Board of Governors, Richard Bezjak, Bluefield, Mercer County, for the term ending June
30, 2017.
52. For Member, School of Osteopathic Medicine Board of
Governors, Dr. John Manchin II, Farmington, Marion County, for the
term ending June 30, 2017.
53. For Member, School of Osteopathic Medicine Board of
Governors, David Ramsey, Charleston, Kanawha County, for the term
ending June 30, 2017.
54. For Member, Concord University Board of Governors, Steven
Collins, Princeton, Mercer County, for the term ending June 30,
2017.
55. For Member, Concord University Board of Governors, Elliot
Hicks, Charleston, Kanawha County, for the term ending June 30,
2017.
56. For Member, Concord University Board of Governors, Robert
Foglesong, Red Lodge, Montana, for the term ending June 30, 2016.
57. For Member, Concord University Board of Governors, The
Honorable Frank Blackwell, Mullens, Wyoming County, for the term
ending June 30, 2016.
58. For Member, Concord University Board of Governors,
William McKee, Jr., Charleston, Kanawha County, for the term ending
June 30, 2017.
59. For Member, Shepherd University Board of Governors, John
Beatty, Martinsburg, Berkeley County, for the term ending June 30,
2017.
60. For Member, Shepherd University Board of Governors, Douglas Scott Roach, Martinsburg, Berkeley County, for the term
ending June 30, 2017.
61. For Member, Shepherd University Board of Governors, Tia
McMillan, Martinsburg, Berkeley County, for the term ending June
30, 2016.
62. For Member, Mountwest Community and Technical College
Board of Governors, Mark George, Huntington, Cabell County, for the
term ending June 30, 2016.
63. For Member, Mountwest Community and Technical College
Board of Governors, Jim Hale, Huntington, Cabell County, for the
term ending June 30, 2016.
64. For Member, Mountwest Community and Technical College
Board of Governors, Mike Herron, Weston, Lewis County, for the term
ending June 30, 2016.
65. For Member, Mountwest Community and Technical College
Board of Governors, Ruth Cline, Huntington, Cabell County, for the
term ending June 30, 2016.
66. For Member, Mountwest Community and Technical College
Board of Governors, Cathy Burns, Huntington, Cabell County, for the
term ending June 30, 2016.
67. For Member, West Virginia University-Parkersburg Board of
Governors, Joe Campbell, Parkersburg, Wood County, for the term
ending June 30, 2016.
68. For Member, West Virginia University-Parkersburg Board of
Governors, Gerard El Chaar, Vienna, Wood County, for the term
ending June 30, 2014.
69. For Member, West Virginia University-Parkersburg Board of
Governors, Curtis Miller, Vienna, Wood County, for the term ending
June 30, 2016.
70. For Member, West Virginia University-Parkersburg Board of
Governors, Rock Wilson, Williamstown, Wood County, for the term
ending June 30, 2014.
71. For Member, West Virginia University-Parkersburg Board of
Governors, The Honorable Karen L. Facemyer, Ripley, Jackson County,
for the term ending June 30, 2016.
72. For Member, West Virginia University-Parkersburg Board of
Governors, Sam Winans, Vienna, Wood County, for the term ending
June 30, 2014.
73. For Member, Board of Directors of the West Virginia
United Health System, Inc., Richard Pill, Martinsburg, Berkeley
County, for the term ending October 15, 2018.
74. For Member, Board of Directors of the West Virginia
United Health System, Inc., Thomas Heywood, Charleston, Kanawha
County, for the term ending October 15, 2018.
75. For Member, Northern Community College Board of
Governors, Robert Contraguerro, Jr., Wheeling, Ohio County, for the
term ending June 30, 2015.
76. For Member, Northern Community College Board of
Governors, Gus Monezis, Weirton, Brooke County, for the term ending
June 30, 2017.
77. For Member, Northern Community College Board of
Governors, Mary K. Hervey DeGarmo, Wellsburg, Brooke County, for the term ending June 30, 2016.
78. For Member, Higher Education Policy Commission, Gary
White, Logan, Logan County, for the term ending June 30, 2017.
79. For Member, Higher Education Policy Commission, Michael
Farrell, Huntington, Cabell County, for the term ending June 30,
2017.
80. For Member, Higher Education Policy Commission, Dr. Bruce
Berry, Morgantown, Monongalia County, for the term ending June 30,
2017.
81. For Member, Higher Education Policy Commission, Dr. John
Leon, Fairmont, Marion County, for the term ending June 30, 2017.
82. For Member, Northern Community College Board of
Governors, Darrell Cummings, Wheeling, Ohio County, for the term
ending June 30, 2017.
84. For Member, Northern Community College Board of
Governors, Toni Shute, Follansbee, Brooke County, for the term
ending June 30, 2016.
85. For Member, Parole Board, Dennis Foreman, Barboursville,
Cabell County, for the term ending June 30, 2019.
86. For Member, Parole Board, Brenda Stucky, Charleston,
Kanawha County, for the term ending June 30, 2019.
87. For Member, Parole Board, Michael Trupo, Bridgeport,
Harrison County, for the term ending June 30, 2019.
88. For Member, Commission for the Deaf and Hard of Hearing,
George Blakely, Springfield, Hampshire County, for the term ending
June 30, 2016.
89. For Member, Commission for the Deaf and Hard of Hearing,
Jamie Mallory, Dunbar, Kanawha County, for the term ending June 30,
2016.
90. For Member, Commission for the Deaf and Hard of Hearing,
John Burdette, Ronceverte, Greenbrier County, for the term ending
June 30, 2014.
91. For Member, Commission for the Deaf and Hard of Hearing,
Elizabeth Leisure, Parkersburg, Wood County, for the term ending
June 30, 2014.
92. For Member, Commission for the Deaf and Hard of Hearing,
Dr. Karen McNealy, Huntington, Cabell County, for the term ending
June 30, 2016.
93. For Member, Board of Control for Southern Regional
Education, The Honorable Thomas W. Campbell, Lewisburg, Greenbrier
County, for the term ending June 30, 2017.
94. For Member, Broadband Deployment Council, Matthew
Ballard, Elkview, Kanawha County, to serve at the will and pleasure
of the Governor.
95. For Member, Statewide Independent Living Council, Ronald
Brown, Charleston, Kanawha County, for the term ending June 30,
2016.
96. For Member, Statewide Independent Living Council, Kentia
Smith, Beckley, Raleigh County, for the term ending June 30, 2016.
97. For Member, Statewide Independent Living Council, Nathan
Parker, Huntington, Cabell County, for the term ending June 30,
2016.
98. For Member, Statewide Independent Living Council, John
Taylor, Charleston, Kanawha County, for the term ending June 30,
2016.
99. For Member, Statewide Independent Living Council, Jan
Lilly-Stewart, Charleston, Kanawha County, for the term ending June
30, 2016.
100. For Member, Statewide Independent Living Council, Carissa
Davis, St. Albans, Kanawha County, for the term ending June 30,
2016.
101. For Member, Board of Examiners for Speech-Language
Pathology and Audiology, Dr. Vernon Mullins, Logan, Logan County,
for the term ending June 30, 2016.
102. For Member, Board of Examiners for Speech-Language
Pathology and Audiology, Erin Ball, Slatyfork, Pocahontas County,
for the term ending June 30, 2016.
103. For Member, Design-Build Board, John Goetz IV, Dunbar,
Kanawha County, for the term ending July 7, 2016.
104. For Member, Design-Build Board, Roy Smith, Beckley,
Raleigh County, for the term ending July 7, 2016.
105. For Member, Design-Build Board, Mary Jo Klempa, Wheeling,
Ohio County, for the term ending July 7, 2016.
106. For Member, Design-Build Board, Ronnie Spradling, St.
Albans, Kanawha County, for the term ending July 7, 2016.
107. For Member, Eastern West Virginia Community and Technical
College Board of Governors, George Sponaugle, Franklin, Pendleton
County, for the term ending June 30, 2017.
108. For Member, Eastern West Virginia Community and Technical
College Board of Governors, Scott Staley, Augusta, Hampshire
County, for the term ending June 30, 2017.
109. For Member, Eastern West Virginia Community and Technical
College Board of Governors, Faron Shanholtz, Petersburg, Grant
County, for the term ending June 30, 2017.
110. For Member, Board of Dentistry, Dr. Stan Kaczkowski,
Cross Lanes, Kanawha County, for the term ending June 30, 2018.
112. For Member, Board of Dentistry, Mary Beth Shea,
Parkersburg, Wood County, for the term ending June 30, 2017.
113. For Member, Board of Dentistry, William Ford III,
Clarksburg, Harrison County, for the term ending June 30, 2017.
114. For Member, Board of Medicine, Richard Bowyer, Fairmont,
Marion County, for the term ending September 30, 2018.
115. For Member, Board of Medicine, Beth Hays, Bluefield,
Mercer County, for the term ending September 30, 2017.
116. For Member, Board of Medicine, Dr. Rusty Cain, Fairmont,
Marion County, for the term ending September 30, 2017.
117. For Member, Board of Medicine, Cheryl Henderson,
Huntington, Cabell County, for the term ending September 30, 2017.
118. For Member, Board of Medicine, Dr. Matthew Upton, Dunbar,
Kanawha County, for the term ending September 30, 2018.
119. For Member, Board of Medicine, Kenneth Dean Wright,
Huntington, Cabell County, for the term ending September 30, 2017.
120. For Member, Board of Optometry, Dr. Steven Odekirk,
Charleston, Kanawha County, for the term ending June 30, 2014.
121. For Member, Ethics Commission, The Honorable Jack
Buckalew, Charleston, Kanawha County, for the term ending June 30,
2014.
122. For Member, Ethics Commission, The Honorable Betty
Ireland, Charleston, Kanawha County, for the term ending June 30,
2016.
123. For Member, Ethics Commission, Monte Williams,
Morgantown, Monongalia County, for the term ending June 30, 2017.
124. For Member, Ethics Commission, Reverend Father Douglas
Sutton, Mannington, Marion County, for the term ending June 30,
2016.
125. For Member, Ethics Commission, Robert Wolfe, Man, Logan
County, for the term ending June 30, 2018.
126. For Member, Ethics Commission, The Honorable Michael
Greer, Bridgeport, Harrison County, for the term ending June 30,
2017.
127. For Member, Ethics Commission, Suzan Singleton,
Moundsville, Marshall County, for the term ending June 30, 2018.
128. For Member, Design-Build Board, Richard Forren, Fairmont,
Marion County, for the term ending July 7, 2014.
129. For Member, Real Estate Commission, Kathy Zaferatos,
Daniels, Raleigh County, for the term ending June 30, 2017.
130. For Member, Board of Registration for Professional
Engineers, Richard Plymale, Jr., Charleston, Kanawha County, for
the term ending June 30, 2017.
131. For Member, Board of Registration for Professional Engineers, Bhajan Saluja, Charleston, Kanawha County, for the term
ending June 30, 2016.
132. For Member, Board of Registration for Professional
Engineers, William Pierson, Scott Depot, Putnam County, for the
term ending June 30, 2018.
133. For Member, Consolidated Public Retirement Board, Jeff
Vallet, Logan, Logan County, for the term ending June 30, 2017.
134. For Member, Real Estate Commission, Joe Ellison,
Greenville, Monroe County, for the term ending June 30, 2015.
135. For Member, Board of Optometry, Dr. William Ratcliff,
Huntington, Cabell County, for the term ending June 30, 2016.
136. For Member, Board of Optometry, Dr. Matthew Berardi,
Farmington, Marion County, for the term ending June 30, 2014.
137. For Member, Solid Waste Management Board, Steve Pilato,
Fayetteville, Fayette County, for the term ending June 30, 2017.
138. For Member, Solid Waste Management Board, Roger Bryant,
Logan, Logan County, for the term ending June 30, 2018.
139. For Member, Solid Waste Management Board, Alice Jo
Buzzard, Cameron, Marshall County, for the term ending June 30,
2016.
140. For Member, Solid Waste Management Board, Mallie Combs,
Moorefield, Hardy County, for the term ending June 30, 2014.
141. For Member, Solid Waste Management Board, Tim
Blankenship, Baisden, Mingo County, for the term ending June 30,
2015.
142. For Member, Public Employees Insurance Agency Finance Board, Joshua Sword, South Charleston, Kanawha County, for the term
ending June 30, 2016.
143. For Member, Public Employees Insurance Agency Finance
Board, Brian Donat, Winfield, Putnam County, for the term ending
June 30, 2018.
144. For Member, Public Employees Insurance Agency Finance
Board, Bill Ihlenfeld, Wheeling, Ohio County, for the term ending
June 30, 2016.
145. For Member, Public Employees Insurance Agency Finance
Board, William Milam, Charleston, Kanawha County, for the term
ending June 30, 2016.
146. For Member, Veterans' Council, Mary Byrd, Nitro, Kanawha
County, for the term ending June 30, 2014.
147. For Member, Board of Veterinary Medicine, Monica Patton,
Charleston, Kanawha County, for the term ending June 30, 2019.
148. For Member, Board of Veterinary Medicine, Dr. Mark Ayers,
Huntington, Cabell County, for the term ending June 30, 2018.
149. For Member, Tourism Commission, Richard Atkinson III,
South Charleston, Kanawha County, for the term ending May 1, 2016.
150. For Member, Tourism Commission, Kelly Palmer, Morgantown,
Monongalia County, for the term ending May 1, 2015.
151. For Member, Tourism Commission, Peggy Myers-Smith,
Morgantown, Monongalia County, for the term ending May 1, 2015.
152. For Commissioner, Tax Department, Mark Matkovich,
Hurricane, Putnam County, to serve at the will and pleasure of the
Governor.
153. For Member, Board of Veterinary Medicine, Dr. Keith
Berkeley, Ranson, Jefferson County, for the term ending June 30,
2014.
154. For Member, Board of Veterinary Medicine, Dr. John
Wilson, Lewisburg, Greenbrier County, for the term ending June 30,
2015.
155. For Member, Board of Veterinary Medicine, Dr. Barbara
Jean Meade, Morgantown, Monongalia County, for the term ending June
30, 2017.
156. For Member, West Virginia University Board of Governors,
J. Thomas Jones, Morgantown, Monongalia County, for the term ending
June 30, 2016.
157. For Member, Board of Directors of the West Virginia
United Health System, Inc., William Stone, Danville, Boone County,
for the term ending October 15, 2014.
158. For Member, Board of Directors of the West Virginia
United Health System, Inc., Jose Sartarelli, Morgantown, Monongalia
County, for the term ending October 15, 2014.
159. For Member, Board of Accountancy, Louis Costanzo III,
Wheeling, Ohio County, for the term ending June 30, 2015.
160. For Member, Board of Accountancy, Barry Burgess,
Huntington, Cabell County, for the term ending June 30, 2016.
161. For Member, Board of Accountancy, Jon Cain, Sr.,
Parkersburg, Wood County, for the term ending June 30, 2016.
162. For Member, Nursing Home Administrators Licensing Board,
Tammy Jo Painter, Charleston, Kanawha County, for the term ending June 30, 2018.
163. For Member, Nursing Home Administrators Licensing Board,
Matthew Keefer, Leon, Mason County, for the term ending June 30,
2017.
164. For Member, Nursing Home Administrators Licensing Board,
Beverly Jezioro, Flemington, Taylor County, for the term ending
June 30, 2018.
165. For Member, Board of Acupuncture, Dr. David Didden,
Shepherdstown, Jefferson County, for the term ending June 30, 2016.
166. For Member, Board of Acupuncture, Marian Hollinger,
Morgantown, Monongalia County, for the term ending June 30, 2014.
167. For Member, Board of Acupuncture, Dr. Darrell Samples,
Huntington, Cabell County, for the term ending June 30, 2015.
168. For Member, Board of Acupuncture, Michelle DeStefano,
Shepherdstown, Jefferson County, for the term ending June 30, 2014.
169. For Member, Council for Community and Technical College
Education, William Baker, Daniels, Raleigh County, for the term
ending December 20, 2016.
170. For Member, Council for Community and Technical College
Education, John Panza, Fairmont, Marion County, for the term ending
December 20, 2014.
171. For Member, Council for Community and Technical College
Education, Clarence Pennington, Martinsburg, Berkeley County, for
the term ending December 20, 2017.
172. For Member, Council for Community and Technical College
Education, John Walker, Chapmanville, Logan County, for the term ending December 20, 2016.
173. For Member, Council for Community and Technical College
Education, Christina Cameron, Charleston, Kanawha County, for the
term ending December 20, 2015.
And reports the same back with the recommendation that the
Senate do advise and consent to all of the nominations listed
above.
Respectfully submitted,
Mike Green,
Chair.
__________
The time having arrived for the special order of business to
consider the list of nominees for public office submitted by His
Excellency, the Governor, the special order thereon was called by
the President.
Thereupon, Senator Kessler (Mr. President) laid before the
Senate the following executive message:
Senate Executive Message No. 2, dated February 26, 2014
(shown
in the Senate Journal of that day, pages 3 to 21, inclusive).
Senator Green then moved that the Senate advise and consent to
all of the executive nominations referred to in the foregoing
report from the Committee on Confirmations.
On motion of Senator Prezioso, Senator Green's motion was
amended to provide that the nomination of Karen Bowling as
Secretary of the Department of Health and Human Resources (being
nomination number 6 in Executive Message No. 2) be considered separately.
The question being on the adoption of Senator Green's motion,
as amended,
The roll was then taken; and
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Green's
motion, as amended, had prevailed.
Senator Green then moved that the nomination of Karen Bowling
as Secretary of the Department of Health and Human Resources (being
nomination number 6 in Executive Message No. 2) be confirmed.
Following discussion,
The roll was then taken; and
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Snyder, Stollings, Sypolt,
Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--33.
The nays were: Prezioso--1.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Green's
motion had prevailed and the nomination of Karen Bowling as
Secretary for the Department of Health and Human Resources had been
confirmed.
__________
Consideration of executive nominations having been concluded,
At the request of Senator Unger, and by unanimous consent, the
Senate proceeded to the sixth order of business, which agenda
includes the making of main motions.
On motion of Senator Unger, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 373, Relating
to water resources protection.
Passed by the Senate on yesterday, Friday, March 7, 2014,
The bill now being in the possession of the Senate,
On motion of Senator Unger, the Senate reconsidered the vote
as to the passage of the bill.
The vote thereon having been reconsidered,
On motion of Senator Unger, the Senate reconsidered its action
by which it adopted Senator Unger's motion that the Senate concur
in the House of Delegates amendments, as amended
(shown in the
Senate Journal of yesterday, Friday, March 7, 2014, pages 219 to
298, inclusive).
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Unger's
motion that the Senate concur in the House of Delegates amendment,
as amended.
Thereafter, at the request of Senator Unger, and by unanimous
consent, his foregoing motion was withdrawn.
On motion of Senator Unger, the following amendments to the
House of Delegates amendments to the bill, as amended, were
reported by the Clerk, considered simultaneously and adopted:
On page forty, section three, subdivision (1), after the word
"chapter." by inserting the following: Notwithstanding any other
provision of this code to the contrary, swimming pools are not
subject to any provision of this article or article thirty-one of
this chapter.;
And,
On page eighty-one, section four, subsection (f), after the
word "code" by changing the colon to a period and striking out the
remainder of the subsection.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 373, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 373) passed with its Senate
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 3, Creating Uniform Real Property
Transfer on Death Act.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 133, Authorizing DEP
promulgate legislative rules.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL
PROTECTION TO PROMULGATE LEGISLATIVE RULES.
§64-3-1. Department of Environmental Protection.
(a) The legislative rule filed in the State Register on May 6,
2013, authorized under the authority of section six, article six-a,
chapter twenty-two of this code, approved for promulgation by the
Legislature on April 12, 2013, relating to the Department of
Environmental Protection (horizontal well development, 35 CSR 8),
is authorized with the following amendment:
On pages ten and eleven, by striking out all of subdivision
5.7.a. and inserting in lieu thereof a new subdivision 5.7.a. to
read as follows:
5.7.a. ll applications for well work permits shall be
accompanied by a well site safety plan to address proper safety
measures to be employed for the protection of persons on the well
site, as well as the general public in the area surrounding the
well site. Each plan shall be specific to the well site described
in the permit application and include the surrounding area. The
plan shall encompass all aspects of the operation, including the
actual well work for which the permit is sought, the anticipated
MSDS for the chemical components added to the hydraulic fracturing
fluid, and completion, production, and work-over activities. It
shall be made available on the well site during all phases of the
operation and provide an emergency point of contact and twenty-four (24)-hour contact information for the well operator. At least
seven (7) days before commencement of well work or site preparation
work that involves any disturbance of the land, the well operator
shall provide a copy of the well site safety plan to the local
emergency planning committee (LEPC) for the emergency planning
district in which the well work will occur or to the county office
of emergency services. The operator shall also provide one copy of
the Well Site Safety Plan to the surface owner, any water purveyor
and any surface owner subject to notice and water testing as
provided in section 15 of this rule: Provided, That in the event
the Well Site Safety Plan previously provided to a surface owner,
water purveyor or surface owner, is later amended, in whole or in
part, the operator shall provide a copy of the amendments to the
surface owner, water purveyor or surface owner. The operator
should work closely with the local first responders to familiarize
them with potential incidents that are related to oil and gas
development, so that the local first responders have the
information they need to provide the support necessary for the
operator to implement the well site safety plan. The well site
safety plan shall include, at a minimum, the information contained
in subdivisions 5.7.b. through 5.7.h.
(b) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (ambient air quality standards, 45 CSR
8
), is authorized.
(c) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, modified by the Department
of Environmental Protection to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on September 4, 2013, relating to the Department of
Environmental Protection (permits for construction and major
modification of major stationary sources for the prevention of
significant deterioration of air quality, 45 CSR 14
), is
authorized.
(d) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (standards of performance for new
stationary sources, 45 CSR 16
), is authorized.
(e) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (control of air pollution from
combustion of solid waste, 45 CSR 18
), is authorized.
(f) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (permits for construction and major
modification of major stationary sources which cause or contribute
to nonattainment areas, 45 CSR 19
), is authorized.
(g) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (control of air pollution from
hazardous waste treatment, storage or disposal facilities, 45 CSR
25
), is authorized.
(h) The legislative rule filed in the State Register on July
22, 2013, authorized under the authority of section four, article
five, chapter twenty-two of this code, relating to the Department
of Environmental Protection (emission standards for hazardous air
pollutants, 45 CSR 34
), is authorized.
(i) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section four, article
eleven, chapter twenty-two of this code, modified by the Department
of Environmental Protection to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on November 27, 2013, relating to the Department of
Environmental Protection (requirements governing water quality
standards, 47 CSR 2), is authorized with the following amendment:
On page thirty-seven, parameter 8.1, by striking out the words
"For water with pH <6.5 or >9.0";
And,
On page thirty-seven, by striking out all of parameters 8.1.1
and 8.1.2.
(j) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section seven, article eleven, chapter twenty-two of this code, modified by the Department
of Environmental Protection to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 18, 2013, relating to the Department of
Environmental Protection (state certification of activities
requiring federal licenses and permits, 47 CSR 5A), is authorized.
(k) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section three, article
twenty-two, chapter twenty-two of this code, modified by the
Department of Environmental Protection to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
State Register on December 17, 2013, relating to the Department of
Environmental Protection (voluntary remediation and redevelopment,
60 CSR 3
), is authorized, with the following amendments:
On page two, subsection 2.22., line twenty-one, following the
words "refers to a", by striking out the "A";
On page three, subsection 2.35., line twenty-six, by striking
the words "Section 3 of Article 22";
On page nine, paragraph 4.3.d.6., line thirty-five, by
striking out the character "2" at the beginning of the line;
On page nine, paragraph 4.3.d.6., line forty-five, following
the words "greater than", by striking out the character "2";
On page ten, subdivision 5.1.d., line three, following the
words "W.Va. Code §22-22", by inserting a hyphen and the words "1,
et seq.";
On page fourteen, subdivision 5.3.k., line four, following the words "and practical knowledge" by striking out the semicolon;
On page fifteen, subdivision 5.5.e., line three, by striking
out the word "thirty" at the beginning of the line;
On page nineteen, subparagraph 7.4.b.21.A., line twenty, by
renumbering the subparagraph as 7.4.b.1.A.;
On page nineteen, subparagraph 7.4.b.31.B., line twenty-four,
by renumbering the subparagraph as 7.4.b.1.B.;
On page nineteen, subparagraph 7.4.b. .1.C., line twenty-nine,
by renumbering the subparagraph as 7.4.b.1.C.;
On page nineteen, paragraph 7.4.b.52., line thirty-three, by
renumbering the paragraph as 7.4.b.2.;
On page nineteen, subparagraph 7.4.b.62.A., line thirty-eight,
by renumbering the subparagraph as 7.4.b.2.A.;
On page twenty, subparagraph 7.4.b.72.B, line one, by
renumbering the subparagraph as 7.4.b.2.B.;
On page twenty, paragraph 7.4.b.83., line five, by renumbering
the it as subparagraph 7.4.b.2.C.;
On page twenty, subparagraph 7.4.b.105, line fifteen, by
renumbering the subparagraph as 7.4.b.2.D.;
On page thirty-six, paragraph 10.2.b., at the beginning of
line sixteen, by striking out the "5", before the words "five
days";
On page thirty-eight, subdivision 11.4., line six, following
the words "have been submitted to the", by striking out the word
"Division" and inserting in lieu thereof the word "Department";
On page thirty-eight, paragraph 12.2.a., line thirty-six, following the words "applicant and determine within", by striking
out the word "sixty";
And,
On page thirty-nine, paragraph 12.2.c., line fifteen,
following the words "final report was properly issued, he", by
inserting the words "or she".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No, 133, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 133) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 133) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 155, Authorizing DHHR
promulgate legislative rules.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
§64-5-1. Department of Health and Human Resources.
(a) The legislative rule filed in the State Register on July
29, 2013, authorized under the authority of section eleven, article
five-o, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State
Register on November 8, 2013, relating to the Department of Health
and Human Resources (medication administration by unlicensed
personnel, 64 CSR 60
), is authorized with the following amendment:
On page four, paragraph 2.13.a.4 after the word "appliances"
by changing the semicolon to a period striking out the word "and".
(b) The legislative rule filed in the State Register on July
29, 2013, authorized under the authority of section four, article
two-b, chapter forty-nine of this code, modified by the Department
of Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 3, 2013, relating to the Department of Health
and Human Resources (child care centers' licensing, 78 CSR 1
), is
authorized, with the following amendments:
On page nine, subdivision 4.2.b, by removing the word
"thirty", the left parenthesis, the number "30" and the right
parenthesis, and inserting in lieu thereof, the word "ninety", the
left parenthesis, the number "90" and the right parenthesis;
On page forty, subparagraph 13.3.a.3, line two, after the
word, "served" by striking out the semicolon and the following
underlined words "provided that the center shall not use tables
with built-in multiple bucket-type seats after June 30, 2015";
On page forty, by striking subdivision 13.3.b in its entirety,
and in lieu thereof, inserting a new subdivision 13.3.b to read as
follows:
"13.3.b. Jumpers, and infant walkers are prohibited.";
On page forty, after subdivision 13.3.b, by inserting a new
subdivision 13.3.c to read as follows:
"13.3.c. Play pens and play yards, if used, must be
manufactured after February 28, 2013, properly disinfected after
each use and not used for multiple children at the same time.";
On page forty-three, subparagraph 13.4.i.5, line three, after
the word "worn" by striking out the comma, and the following words,
"but the use of a blanket is prohibited in the crib" and by
unstriking and restoring the following words, "or a thin blanket
used for a covering. If a blanket is used, it shall be tucked
around the mattress of the crib and only cover the child high as
his or her chest";
And,
On page forty-eight, by striking out in its entirety
subdivision 14.3.d and inserting in lieu thereof a new subdivision
14.3.d, to read as follows:
"14.3.d. Restrictive equipment. Infant equipment that
restricts movement such as swings, play pens, play yards,
stationary activity centers (exersaurces), infant seats, etc., if
used, shall only be used for short periods of time not to exceed
fifteen (15) minutes in a four (4) hour period."
§64-5-2. Bureau for Public Health.
(a) The legislative rule filed in the State Register on July
24, 2013, authorized under the authority of section four, article
one, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State
Register on November 5, 2013, relating to the Department of Health
and Human Resources (clinical laboratory technician and
technologist licensure and certification, 64 CSR 57), is
authorized.
(b) The legislative rule filed in the State Register on July
25, 2013, authorized under the authority of section four, article
one, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 9, 2013, relating to the Department of Health
and Human Resources (AIDS-related medical testing and
confidentiality, 64 CSR 64
), is authorized with the following
amendments:
On page two, subdivision 4.1.e, by inserting the following
after the period, "The cost of the test not be passed through to
the patient by a public health department."
On page six, paragraph 4.3.b.1., by striking out the words "an
oral" and inserting in lieu thereof the word "a";
On page six, by striking out all of subparagraph 4.3.b.1.A.
and inserting in lieu thereof the following:
4.3.b.1.A. The court shall require the defendant or juvenile
respondent to submit to the testing not later than forty-eight
hours after the issuance of the order described in paragraph
4.3.b.1 of this subsection, unless good cause for delay is shown
upon a request for a hearing: Provided, That no such delay shall cause the HIV-related testing to be administered later than forty-
eight hours after the filing of any indictment or information
regarding an adult defendant or the filing of a petition regarding
a juvenile respondent.
4.3.b.1.B. The prosecuting attorney may, upon the request of
the victim or the victim's parent or legal guardian, and with
notice to the defendant or juvenile respondent, apply to the court
for an order directing that an appropriate human immunodeficiency
virus (HIV) test or other STD test be performed on a defendant
charged with or a juvenile subject to a petition involving the
offenses of prostitution, sexual abuse, sexual assault or incest.;
On page six, by striking out all of part 4.3.b.1.A.1.;
On page six, by striking out all of paragraph 4.3.b.2.;
And renumbering the remaining paragraphs;
On page six, by striking out all of paragraph 4.3.b.6. and
inserting in lieu thereof the following:
4.3.b.5. The costs of testing may be charged to the defendant
or juvenile respondent, or to that person's medical insurance
provider, unless determined unable to pay by the court having
jurisdiction over the matter. If the defendant or juvenile is
unable to pay, the cost of laboratory testing for HIV testing may
be borne by the bureau or the local health department.
4.3.b.5.A. The commissioner designates and authorizes all
health care providers operating in regional jails, correctional or
juvenile facilities to administer HIV tests, either by taking blood
or oral specimens, and transmitting those specimens to the Office of Laboratory Services in accordance with instructions set forth
at: https://www.wvdhhr.org/labservices/labe/HIV/index.cfm.
4.3.b.5.B. Laboratory testing done on specimens sent to the
Office of Laboratory Services by health care providers for regional
jails, correctional or juvenile facilities shall be performed at no
cost to the jails, facilities or health care providers.;
And,
On page seven, by striking out all of subdivision 4.3.d. and
inserting in lieu thereof a new subdivision, designated subdivision
4.3.d., to read as follows:
4.3.d. A person convicted or a juvenile adjudicated of the
offenses described in this subsection may be required to undergo
HIV-related testing and counseling immediately upon conviction or
adjudication: Provided, That if the person convicted or
adjudicated has been tested in accordance with the provisions of
subdivision 4.3.b. of this subsection, that person need not be
retested.
(c) The legislative rule filed in the State Register on July
24, 2013, authorized under the authority of section two-a, article
five-a, chapter sixteen of this code, modified by the Department of
Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on October 7, 2013, relating to the Department of Health
and Human Resources (Cancer Registry, 64 CSR 68), is authorized.
(d) The legislative rule filed in the State Register on July
24, 2013, authorized under the authority of section three, article twelve, chapter sixty-one of this code, modified by the Department
of Health and Human Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on November 5, 2013, relating to the Department of Health
and Human Resources (Medical Examiner rule for post-mortem
inquiries, 64 CSR 84
), is authorized.
§64-5-3. Health Care Authority.
The legislative rule filed in the State Register on July 26,
2013, authorized under the authority of section seven, article
twenty-nine-g, chapter sixteen of this code, modified by the Health
Care Authority to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
September 4, 2013, relating to the Health Care Authority (West
Virginia Health Information Network, 65 CSR 28
), is authorized.
§64-5-4. Bureau for Child Support Enforcement.
(a) The legislative rule filed in the State Register on July
29, 2013, authorized under the authority of section one hundred
five, article eighteen, chapter forty-eight of this code, modified
by the Bureau for Child Support Enforcement to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
State Register on December 18, 2013, relating to the Bureau for
Child Support Enforcement (the Bureau for Child Support
Enforcement, 97 CSR 1
), is authorized.
(b) The legislative rule filed in the State Register on July
29, 2013, authorized under the authority of section one hundred
five, article eighteen, chapter forty-eight of this code, relating to the Bureau for Child Support Enforcement (obtaining support from
federal and state tax refunds, 97 CSR 3
), is repealed.
(c) The legislative rule filed in the State Register on July
29, 2013, authorized under the authority of section one hundred
five, article eighteen, chapter forty-eight of this code, relating
to the Bureau for Child Support Enforcement (interstate income
withholding, 97 CSR 4
), is repealed.
(d) The legislative rule filed in the State Register on July
29, 2013, authorized under the authority of section one hundred
five, article eighteen, chapter forty-eight of this code, modified
by the Bureau for Child Support Enforcement to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
State Register on December 18, 2013, relating to the Bureau for
Child Support Enforcement (support enforcement activities
undertaken by the Bureau for Child Support Enforcement, 97 CSR 6
),
is authorized.
(e) The legislative rule filed in the State Register on July
29, 2013, authorized under the authority of section one hundred
five, article eighteen, chapter forty-eight of this code, modified
by the Bureau for Child Support Enforcement to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
State Register on December 18, 2013, relating to the Bureau for
Child Support Enforcement (distribution of support payments, 97 CSR
7
), is authorized.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 155, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 155) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 155) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 165, Authorizing Department
of Transportation promulgate legislative rules.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate No. 167, Authorizing Department of
Revenue promulgate legislative rules.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO
PROMULGATE LEGISLATIVE RULES.
§64-7-1. State Tax Department.
(a) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section eleven-c,
article ten, chapter eleven of this code, modified by the State Tax
Department to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on November 26, 2013, relating to the State Tax Department (municipal sales and
service and use tax administration, 110 CSR 28), is authorized.
(b) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section eleven, article
three, chapter twenty-two of this code, modified by the State Tax
Department to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on November 26,
2013, relating to the State Tax Department (special reclamation tax
credit, 110 CSR 29), is authorized.
(c) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section two-c, article
three, chapter fifty of this code, modified by the State Tax
Department to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on November 26,
2013, relating to the State Tax Department (withholding or denial
of personal income tax refunds from taxpayers who owe municipal or
magistrate court costs, 110 CSR 40), is authorized.
§64-7-2. Insurance Commissioner.
(a) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section four, article
sixteen-h, chapter thirty-three of this code, modified by the
Insurance Commissioner to meet the objections of the Legislative
Rule-Making Review Committee and refiled in the State Register on
November 1, 2013, relating to the Insurance Commissioner
(utilization review and benefit determination, 114 CSR 95
), is
authorized with the following amendments:
On page one, subsection 1.1., after the words "and benefit
determinations" by inserting a comma;
On page one, subsection 2.1., by striking out the word
"healthcare" and inserting in lieu thereof the words "health care";
On page two, subsection 2.6., after the word "specialty" by
striking out the word "as" and inserting in lieu thereof the word
"that";
On page three, subsection 2.15., by striking out the word "no"
and inserting in lieu thereof the word "not";
On page three, subsection 2.16., by striking out the words
"except as otherwise specifically exempted in this definition" and
inserting in lieu thereof the words "but excluding the excepted
benefits defined in 42 U. S. C. §300gg-91 and as otherwise
specifically excepted in this rule";
On page five, subsection 2.17., by striking out the word
"state" and inserting in lieu thereof the words "West Virginia";
On page five, subsection 2.24., by striking out the word "in"
and inserting in lieu thereof the word "an";
On page six, subsection 2.28., by striking out the word "that"
and inserting in lieu thereof the words "the one";
On page six, subdivision 2.30.a., by striking out the words
"the covered person's life, health or ability to regain maximum
function or in the opinion of an attending health care professional
with knowledge of the covered person's medical condition, would
subject the covered person to severe pain that cannot be adequately
managed without the health care service or treatment that is the subject of the request." and inserting in lieu thereof the words
"the life or health of the covered person or the ability of the
covered person to regain maximum function; or";
On page six, after subdivision 2.30.a., by inserting a new
subdivision, designated subdivision 2.30.b., to read as follows:
2.30.b. In the opinion of an attending health care
professional with knowledge of the covered person's medical
condition, would subject the covered person to severe pain that
cannot be adequately managed without the health care service or
treatment that is the subject of the request.;
And by relettering the remaining subdivisions;
On page six, subdivision 2.30.b., by striking out "2.30.a" and
inserting in lieu thereof "2.30.d";
On page eight, subsection 6.1., by striking out the words "an
entity" and inserting in lieu thereof the words "a person";
On page eight, subsection 6.1., after the word "Commissioner"
by inserting the words "or by statute or legislative rule";
On page nine, after paragraph 6.3.a.4., by inserting a new
paragraph, designated paragraph 6.3.a.5., to read as follows:
6.3.a.5. For purposes of calculating the time period for
refiling the benefit request or claim, the time period shall begin
to run upon the covered person's receipt of the notice of
opportunity to resubmit.;
On page ten, subdivision 7.1.b., by striking out the words "a
determination is required to be made under subsections 7.2 and 7.4"
and inserting in lieu thereof the words "prospective and retrospective review determinations are required to be made";
On page eleven, paragraph 7.1.e.1., after the word "number" by
inserting the word "of";
On page twelve, subdivision 7.2.b., by striking out the words
"health carrier" and inserting in lieu thereof the word "issuer";
On page fourteen, subdivision 7.3.c., by striking out the
comma and the word "and";
On page fifteen, subdivision 8.1.a., by striking out the words
"health carrier" and inserting in lieu thereof the word "issuer";
On page fifteen, after subdivision 8.1.b., by inserting a new
paragraph, designated paragraph 8.1.b.1., to read as follows:
8.1.b.1. If the covered person has failed to provide
sufficient information for the issuer to determine whether, or to
what extent, the benefits requested are covered benefits or payable
under the issuer's health benefit plan, the issuer shall notify the
covered person as soon as possible, but in no event later than
twenty-four (24) hours after receipt of the request, either orally
or, if requested by the covered person, in writing of this failure
and state what specific information is needed. The issuer shall
provide the covered person a reasonable period of time to submit
the necessary information, taking into account the circumstances,
but in no event less than forty-eight (48) hours after notifying
the covered person or the covered person's authorized
representative of the failure to submit sufficient information.;
And by renumbering the remaining paragraphs;
On page seventeen, subparagraph 8.2.a.9.A., by striking out "8.2.a.8" and inserting in lieu thereof "8.2.a.7";
On page seventeen, subparagraph 8.2.a.9.B., by striking out
"subparagraph 8.2.a.9.A" and inserting in lieu thereof "paragraph
8.2.a.8";
On page nineteen, subdivision 9.3.d., after the words
"providers, paragraph" by striking out "9.3.c.3" and inserting in
lieu thereof "9.3.c.1";
On page nineteen, subdivision 9.3.d., after the words "amount
in paragraph" by striking out "9.3.c.3" and inserting in lieu
thereof "9.3.c.1";
And,
On page nineteen, paragraph 9.3.d.2., after the word
"benefits" by adding a period.
(b) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section four, article
sixteen-h, chapter thirty-three of this code, modified by the
Insurance Commissioner to meet the objections of the Legislative
Rule-Making Review Committee and refiled in the State Register on
November 1, 2013, relating to the Insurance Commissioner (health
plan insurer internal grievance procedure, 114 CSR 96
), is
authorized with the following amendments:
On page one, section two, by striking out the heading "§114-
96-1. Definitions." and inserting in lieu thereof the heading
"§114-96-2. Definitions.";
On page one, subsection 2.1., by striking out the word
"healthcare" and inserting in lieu thereof the words "health care";
On page one, subsection 2.1., after the word "terminated" by
adding a period;
On page two, subdivision 2.3.a., by striking out the word
"external" and inserting in lieu thereof the word "internal";
On page two, subdivision 2.3.c., after the word "professional"
by adding a semicolon;
On page two, subsection 2.6., by striking out the word "as"
and inserting in lieu thereof the word "that";
On page three, subsection 2.15., by striking out the word "no"
and inserting in lieu thereof the word "not";
On page four, subsection 2.18., by striking out the words
"except as otherwise specifically exempted in this definition" and
inserting in lieu thereof the words "but excluding the excepted
benefits defined in 42 U. S. C. §300gg-91 and as otherwise
specifically excepted in this rule";
On page five, subsection 2.19., by striking out the word
"state" and inserting in lieu thereof the words "West Virginia";
On page six, subsection 2.26., by striking out the word "in"
and inserting in lieu thereof the word "an";
On page seven, subsection 2.30., by striking out the word
"that" and inserting in lieu thereof the words "the one";
On page seven, subdivision 2.32.c., by striking out "2.35.b"
and inserting in lieu thereof "2.32.d";
On page nine, subsection 4.2., by striking out the words
"subdivision a of";
On page ten, subdivision 5.4.a., after "5.4.a." by striking out the period;
On page eleven, after subdivision 5.6.c., by inserting a new
subdivision, designated subdivision 5.6.d., to read as follows:
5.6.d. The issuer shall make the provisions of subsection 5.4
known to the covered person within three working days after the
date of receipt of the grievance.;
On page thirteen, subdivision 5.8.g., by striking out the word
"upholds" and inserting in lieu thereof the word "denies";
On page thirteen, paragraph 5.8.g.4., after the word "either"
by inserting the word "the";
On page thirteen, paragraph 5.8.g.5., after the word
"circumstances" by inserting a comma;
On page thirteen, paragraph 5.8.g.5., by striking out the word
"provide" and inserting in lieu thereof the word "provided";
On page thirteen, subparagraph 5.8.g.6.A., by striking out
"5.4.g.4" and inserting in lieu thereof "5.8.g.4";
On page thirteen, subparagraph 5.8.g.6.B., by striking out
"5.4.g.5" and inserting in lieu thereof "5.8.g.5";
On page thirteen, by striking out paragraph 5.8.h.1. in its
entirety;
On page fourteen, by striking out paragraph 5.8.h.2. in its
entirety;
And by renumbering the remaining paragraphs;
On page fourteen, paragraph 5.8.h.3., by striking out "if the
covered person decides not to file for an additional voluntary
review of the first level review decision involving an adverse determination";
On page fourteen, paragraph 5.9.a.3., after the words
"notices" by striking out the comma;
On page fifteen, subdivision 6.4.b., after "6.4.b." by
striking out the period;
On page sixteen, subdivision 6.5.d., after the semicolon by
adding the word "and";
On page sixteen, by striking out subdivision 6.5.e. in its
entirety;
And by relettering the remaining subdivision;
On page sixteen, by striking out paragraphs 6.5.e.1 and
6.5.e.2 in their entirety;
On page sixteen, subsection 7.2., by striking out "5.1" and
inserting in lieu thereof "7.1";
On page eighteen, subparagraph 7.8.a.7.A., after the words "as
well as" by inserting the word "a";
On page eighteen, subparagraph 7.8.a.7.A., after the word
"reaching" by inserting the word "the";
On page nineteen, subparagraph 7.8.a.7.E., after the word
"circumstances" by inserting a comma;
On page nineteen, part 7.8.a.7.F.3., after the word "et" by
striking out the period;
On page nineteen, part 7.8.a.7.F.6., after the word "claim" by
inserting a comma;
And,
On page twenty, after subparagraph 7.8.b.1.B., by inserting a new subparagraph, designated subparagraph 7.8.b.1.C., to read as
follows:
7.8.b.1.C. Include in the English versions of all notices a
statement prominently displayed in any applicable non-English
language clearly indicating how to access the language services
provided by the carrier.
(c) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section four, article
sixteen-h, chapter thirty-three of this code, modified by the
Insurance Commissioner to meet the objections of the Legislative
Rule-Making Review Committee and refiled in the State Register on
November 1, 2013, relating to the Insurance Commissioner (external
review of adverse health insurance determinations, 114 CSR 97
), is
authorized with the following amendments:
On page one, subsection 2.1., after the word "terminated" by
adding period;
On page two, subdivision 2.3.c., after the word "professional"
by adding a semicolon;
On page two, subdivision 2.4.c., by striking out "2.4a and
2.4b" and inserting in lieu thereof "2.4.a and 2.4.b";
On page two, subdivision 2.4.d., by striking out "2.4a, 2.4b
and 2.4c" and inserting in lieu thereof "2.4.a, 2.4.b and 2.4.c";
On page three, subsection 2.7., after the word "Commissioner"
by adding a period;
On page three, subsection 2.12., after the words "Emergency
medical condition" by striking out the single quotation mark and inserting in lieu thereof a double quotation mark;
On page four, subsection 2.17., by striking out the words
"except as otherwise specifically exempted in this definition" and
inserting in lieu thereof the words "but excluding the excepted
benefits defined in 42 U. S. C. §300gg-91 and as otherwise
specifically excepted in this rule";
On page eight, subsection 3.1., by striking out the words "A
written" and inserting in lieu thereof the words "An issuer shall
notify the covered person in writing of the covered person's right
to request an external review. Such a written";
On page eight, subdivision 3.1.c., by striking out the words
"subsection 15.1" and inserting in lieu thereof the words "section
14";
On page nine, paragraph 3.1.e.1., before the words "would
seriously" by striking out the comma;
On page nine, paragraph 3.1.f.1., after the word "life" by
striking out the comma and inserting in lieu thereof the words "or
health or";
On page ten, subsection 5.3., by striking out the words
"expedited review of a grievance involving an adverse
determination" and inserting in lieu thereof the words "expedited
internal review of a grievance involving an adverse determination
pursuant to W. Va. Code of St. R. §114-96";
On page ten, subdivision 5.3.a., after the word "Code" by
inserting the word "of";
On page eleven, subsection 6.2., after the word "consideration" by striking out the word "on" and inserting in lieu
thereof the word "of";
On page twelve, subdivision 6.5.a, by striking out the words
"two business days" and inserting in lieu thereof the words "one
business day";
On page thirteen, subdivision 6.6.d., by striking out the word
"internal" and inserting in lieu thereof the word "independent";
On page thirteen, subsection 6.8., after the words "receipt of
the request for an external review" by inserting the words "and no
later than one business day after making the decision";
On page seventeen, subdivision 8.5.b., after "8.5.b." by
striking out the period;
On page seventeen, subdivision 8.5.c., by striking out "8.8"
and inserting in lieu thereof "8.9";
On page eighteen, subsection 8.6., after "IRO" by striking out
the comma;
On page eighteen, subdivision 8.6.a., by striking out the word
"dely" and inserting in lieu thereof the word "delay";
On page nineteen, paragraph 8.9.a.2., after the words
"services or treatments" by inserting the words "would not be
substantially increased over those of available standard health
care services or treatments";
On page twenty, subdivision 8.11.b., by striking out "8.12.d"
and inserting in lieu thereof "8.11.d";
On page twenty-one, subdivision 8.11.c., after "8.11.c", by
inserting a period;
On page twenty-one, subdivision 8.11.d., after "8.11.d", by
inserting a period;
On page twenty-one, paragraph 8.11.d.1., after "8.11.d.1", by
inserting a period;
On page twenty-one, paragraph 8.11.d.2., after "8.11.d.2", by
inserting a period;
On page twenty-one, paragraph 8.11.d.3., after "8.11.d.3", by
inserting a period;
On page twenty-one, paragraph 8.11.d.3., by striking the words
"pursuant to subdivision 8.11.a";
On page twenty-two, subsection 8.12., by striking out the word
"amount" and inserting in lieu thereof the word "among";
On page twenty-three, subdivision 9.2.f., after the word
"parties" by striking out the comma;
On page twenty-three, paragraph 9.2.f.1., after "IRO" by
striking out the comma and the words "except that a party that
unreasonably refuses to stipulate to limit the record may be taxed
by the court for the additional costs involved";
On page twenty-four, subsection 10.2, by striking out the word
"as" and inserting in lieu thereof a comma;
On page twenty-five, subdivision 10.4.c., by striking out
subdivision 10.4.c. in its entirety;
On page twenty-seven, paragraph 11.4.a.2., after the word
"review" by inserting a comma and the words "any known close
relative of the covered person,";
On page twenty-seven, after paragraph 11.4.a.3., by inserting two new paragraphs, designated paragraphs 11.4.a.4. and 11.4.a.5.,
to read as follows:
"11.4.a.4. Any administrator, fiduciary, employee or sponsor
of an employee welfare benefit plan as defined in 29 U. S. C.
1002(1), if any, under which the covered person's request for
external review arises;
11.4.a.5. A trade association of group health plans or
issuers, or a trade association of health care providers;";
And by renumbering the remaining paragraphs;
On page twenty-seven, subdivision 11.4.b., by striking out all
of subdivision 11.4.b. and inserting in lieu thereof a new
subdivision, designated subdivision 11.4.b., to read as follows:
11.4.b. In determining whether an IRO or a clinical reviewer
of the IRO has a material professional, familial or financial
conflict of interest for purposes of subdivision 11.4.a, the
Commissioner may disregard the mere appearance of a conflict of
interest.;
On page twenty-eight, section twelve, by striking out section
twelve in its entirety;
And by renumbering the remaining sections;
On page twenty-eight, subsection 13.1., by striking out
"13.1.a" and inserting in lieu thereof "12.1.a";
On page twenty-nine, paragraph 13.2.b.2., by striking out
"paragraph 13.2.b.2" and inserting in lieu thereof "paragraph
12.2.b.1";
On page thirty, subsection 15.2, by striking out "15.1" and inserting in lieu thereof "14.1";
On page thirty, subsection 15.3, by striking out "15.2" and
inserting in lieu thereof "14.2";
And,
On page thirty, after subsection 15.3, by adding a new
section, designated section fifteen, to read as follows:
§114-97-15. Penalties. Any issuer failing to comply with the
requirements of this rule is subject to the penalties prescribed in
W. Va. Code §33-3-11.
§64-7-3. Alcohol Beverage Control Commission.
(a) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section ten, article
seven, chapter sixty of this code, modified by the Alcohol Beverage
Control Commission to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
October 31, 2013, relating to the Alcohol Beverage Commission
(private club licensing, 175 CSR 2
), is authorized.
(b) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section sixteen,
article two, chapter sixty of this code, modified by the Alcohol
Beverage Control Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on October 31, 2013, relating to the Alcohol Beverage
Commission (farm wineries, 175 CSR 3), is authorized.
(c) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section twenty-three, article eight, chapter sixty of this code, modified by the Alcohol
Beverage Control Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on October 31, 2013, relating to the Alcohol Beverage
Commission (sale of wine, 175 CSR 4
), is authorized.
(d) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section twenty-two,
article sixteen, chapter eleven of this code, modified by the
Alcohol Beverage Control Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on October 31, 2013, relating to the Alcohol Beverage
Commission (nonintoxicating beer licensing and operations
procedures, 176 CSR 1), is authorized.
§64-7-4. Racing Commission.
The legislative rule filed in the State Register on July 26,
2013, authorized under the authority of section six, article
twenty-three, chapter nineteen of this code, modified by the Racing
Commission to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on October 31,
2013, relating to the Racing Commission (thoroughbred racing, 178
CSR 1
), is authorized with the following amendments:
On page fifteen, subsection 8.5.b., line twenty-two, following
the words "stewards shall have authority to" by striking out the
word "charge", and inserting in lieu thereof "issue a ruling
citing";
And,
On page eighteen, subsection 9.2., line six, following the
words "health certificates", by striking out the word "Coggins" and
inserting in lieu thereof "current negative Coggins test for equine
infectious anemia (EIA)".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 167, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 167) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 167) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 181, Authorizing Department
of Administration promulgate legislative rules.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-1. Department of Administration.
The legislative rule filed in the State Register on July 25,
2013, authorized under the authority of section forty-eight,
article three, chapter five-a of this code, relating to the
Department of Administration (state-owned vehicles, 148 CSR 3), is authorized.
§64-2-2. Consolidated Public Retirement Board.
The legislative rule filed in the State Register on July 25,
2013, authorized under the authority of section one, article ten-d,
chapter five of this code, modified by the Consolidated Public
Retirement Board to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on August
30, 2013, relating to the Consolidated Public Retirement Board
(Public Employees Retirement System, 162 CSR 5
), is authorized with
the following amendments:
On page three, subsection 8.1, line seventeen, following the
word "System", by inserting a colon and the following: And
provided further, That beginning July 1, 2014, each participating
public employer shall contribute fourteen percent (14%) of each
compensation payment of all its employees who are members of the
Public Employees Retirement System.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 181, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 181) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 181) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 196, Authorizing Division
of Rehabilitation Services promulgate legislative rule relating to
Ron Yost Personal Assistance Services Act Board.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1,
2014, of
Eng. Senate Bill No. 202, Creating Benefit Corporation Act.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 357, Relating to Logging
Sediment Control Act civil and criminal penalties.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect July
1, 2014, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 376, Requiring certain
construction workers complete OSHA safety program.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
§21-3-22. OSHA construction safety program.
(a) For the purposes of this section:
(1) "Business entity" means any firm, partnership,
association, company, corporation, limited partnership, limited
liability company or other entity.
(2) "Commissioner" means the Commissioner of Labor or his or her designee.
(3) "Public authority" has the same meaning as in section two,
article one-d of this chapter.
(4) "Public improvement" has the same meaning as in section
two, article one-d of this chapter.
(b) No person or business entity providing services as a
contractor or subcontractor under a contract, entered on or after
July 1, 2014, for the construction, reconstruction, alteration,
remodeling or repairs of any public improvement, by or on behalf of
a public authority, where the total contract cost of all work to be
performed by all contractors and subcontractors is in excess of
$50,000, may use, employ or assign any person to a public
improvement work site who has not successfully completed a ten-hour
construction safety program designed by OSHA, no later than twenty-
one calendar days after being employed at or assigned to the public
improvement work site.
(c) The training requirement contained in subsection (b) of
this section does not apply to a person used, employed or assigned
to a public improvement work site for less than twenty-one
consecutive calendar days following the person's first day of
employment or assignment at the public improvement work site.
(d) During the three hundred sixty-five days following the
effective date of this section, a person employed or assigned to a
public improvement work site shall have ninety days to complete the
training requirement of subsection (b) of this section.
(e) A contractor or subcontractor subject to this section shall make and maintain a record of the persons he or she uses,
employs or assigns pursuant to the contract, including the date of
the completion of the safety training program required by
subsection (b) of this section and the identity of the provider of
the training. The records required by this subsection shall be
preserved pursuant to section five, article five-c of this chapter
and be maintained at the employer's business office.
(f) Upon a finding by the Commissioner, that a person has been
used, employed at or assigned to a public improvement work site in
violation of subsection (b) of this section, the Commissioner may
issue a cease and desist order to the person who has not completed
the requisite training until the person presents the Commissioner
with evidence that he or she has successfully completed the
training program required by subsection (b) of this section.
(g) The Commissioner may assess a civil penalty of not less
than $100 nor more than $1,000 to any person or business entity for
each violation of this section.
(h) Any person with knowledge that a document or other record
falsely represents that a person has completed the training program
required by subsection (b) of this section and who provides or
exhibits the document or record to the Commissioner or to an
employer, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $250 nor more than $2,500.
(i) The following persons are exempt from the training
requirements of subsection (b) of this section:
(1) Law-enforcement officers involved with traffic control or job-site security;
(2) Federal, state and municipal government employees and
inspectors; and
(3) Suppliers of materials and persons whose sole
responsibility is to deliver materials to the work site.
(h) The Commissioner shall report to the Joint Committee on
Government and Finance by January 1, 2017, on accident and injury
rates at public improvement work sites during the two years prior
and following enactment of this section.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 376, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 376) passed with its title.
Senator Unger moved that the bill take effect July 1, 2014.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 376) takes effect July 1, 2014.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect July 1,
2014, of
Eng. Com. Sub. for Senate Bill No. 383, Permitting certain
residential real estate owners limited exemptions from licensing
requirements.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 397, Expanding scope of
activities considered financial exploitation of elderly.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-29b. Financial exploitation of an elderly person, protected
person or incapacitated adult; penalties;
definitions.
(a) Financial exploitation occurs when a person intentionally
misappropriates or misuses the funds, or assets of an elderly
person, protected person or incapacitated adult, Any person who
violates this section is guilty of larceny and shall be ordered to
pay restitution. Any person who financially exploits an elderly
person, protected person or an incapacitated adult shall be guilty
of larceny and subject to the penalties contained in section
thirteen, article three of this chapter. Any person convicted of
a violation of this section shall, in addition to any other
penalties at law, be subject to an order of restitution.
(b) In determining the value of the money, goods, property or
services referred to in subsection (a) of the section, it shall be
permissible to cumulate amounts or values where such money, goods,
property or services were fraudulently obtained as part of a common
scheme or plan.
(c) Financial institutions and their employees, as defined by
section one, article two-a, chapter thirty-one-a of this code and
as permitted by section four, subsection thirteen of that article, others engaged in financially related activities, as defined by
section one, article eight-c, chapter thirty-one-a of this code,
caregivers, relatives and other concerned persons are permitted to
report suspected cases of financial exploitation to state or
federal law-enforcement authorities, the county prosecuting
attorney and to the Department of Health and Human Resources, Adult
Protective Services Division or Medicaid Fraud Division, as
appropriate. Public officers and employees are required to report
suspected cases of financial exploitation to the appropriate
entities as stated above. The requisite agencies shall investigate
or cause the investigation of the allegations.
(d) When financial exploitation is suspected and to the extent
permitted by federal law, financial institutions and their
employees or other business entities required by federal law or
regulation to file suspicious activity reports and currency
transaction reports shall also be permitted to disclose suspicious
activity reports or currency transaction reports to the prosecuting
attorney of any county in which the transactions underlying the
suspicious activity reports or currency transaction reports
occurred.
(e) Any person or entity that in good faith reports a
suspected case of financial exploitation pursuant to this section
is immune from civil liability founded upon making that report.
(f) For the purposes of this section:
(1) "Incapacitated adult" means a person as defined by section
twenty-nine of this article;
(2) "Elderly person" means a person who is sixty-five years or
older; and
(3) "Financial exploitation" or "financially exploit" means
the intentional misappropriation or misuse of funds or assets of an
elderly person, protected person or incapacitated adult, but shall
not apply to a transaction or disposition of funds or assets where
the accused made a good faith effort to assist the elderly person,
protected person or incapacitated adult with the management of his
or her money or other things of value; and
_____(3) (4) "Protected person" means any person who is defined as
a "protected person" in subsection thirteen, section four, article
one, chapter forty-four-a of this code and who is subject to the
protections of chapter forty-four-a or forty-four-c of this code.
(g) Notwithstanding any provision of this code to the
contrary, acting as guardian, conservator, trustee or attorney for
or holding power of attorney for an elderly person, protected
person or incapacitated adult shall not, standing alone, constitute
a defense to a violation of subsection (a) of this section.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 397, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 397) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 403, Regulating importation and
possession of certain injurious aquatic species.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2014, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 414,
Redirecting nonprobate appraisement filings.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page four, section seven, line thirty-three, after the word
"all" by inserting the word "personal";
On page seven, section fourteen, line twenty-nine, after the
word "all" by inserting the word "personal";
On page eleven, section fourteen, lines one hundred one and
one hundred two, by striking out the words "of said article", and
inserting a comma and the words "article eleven, chapter eleven of
this code";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 414--A Bill
to amend and reenact §11-11-7 of the Code of West Virginia, 1931,
as amended; and to amend and reenact §44-1-14 of said code, all
relating to the filing of estate appraisement and nonprobate
inventory forms; eliminating certain filing with the Tax
Commissioner; providing for maintenance and preservation of certain
forms by the county clerk; providing for disclosure of certain
forms under certain circumstances; and providing for
confidentiality of certain forms under certain circumstances.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 414, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 414) passed with its House of
Delegates amended title.
Senator Unger moved that the bill take effect July 1, 2014.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 414) takes effect July 1,
2014.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 427, Relating to motor
vehicle insurance.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
on page six, section seven, lines nine and ten, by striking
out the words "shall revoke the owner's vehicle registration".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 427, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 427) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 431, Relating
to issuance and renewal of certain driver's licenses and federal ID
cards.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 434, Eliminating revocation
period for certain DUI offenders.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
On page sixteen, section three-a, lines two hundred sixty-
seven through two hundred seventy-three, by striking out all of
subdivision (2) and inserting in lieu thereof a new subdivision,
designated subdivision (2), to read as follows:
(2) The application and acceptance of a person into the Motor
Vehicle Alcohol Test and Lock Program pursuant to this subdivision
(1) constitutes an automatic waiver of their right to an
administrative hearing. The Office of Administrative Hearings may
not conduct a hearing on a matter which is the basis for a person
actively participating in the Motor Vehicle Alcohol Test and Lock
Program.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 434, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 434) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Senate Bill No. 454, Defining dam "owner".
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page six, section three, after line ninety-two, by inserting a new subdivision, designated subdivision (4), to read as
follows:
(4) Notwithstanding any provisions of this article, no owner
of real property, land, upon which a dam is constructed pursuant to
Public Law 78-534, Section 13 of the Flood Control Act of 1944;
Public Law 83-566, the Watershed protection and Flood Prevention
Act of 1954; the pilot watershed program authorized under the
heading "flood prevention" of the Department of Agriculture
Appropriation Act of 1954, Public Law 156, 67 Stat. 214; or
Subtitle H of Title XV of the Agriculture and Flood Act of 1981,
commonly known as the Resource Conservation and Development
Program, 16 U. S. C. §3451 shall be responsible for or liable for
any repairs, maintenance or damage arising from regular operation,
maintenance, deficiencies or ownership of said dam. Nor shall an
owner be cited as a noncompliant owner or for any deficiencies of
said dam: Provided, That the land owner shall not intentionally
harm or damage or cause or interfere with the regular operation,
maintenance of said dam.
On motion of Senator Miller, the following amendments to the
House of Delegates amendment to the bill were reported by the
Clerk, considered simultaneously, and adopted:
On page six, section three, subsection (k), subdivision (3),
after "§3451" by changing the period to a colon and inserting the
following proviso: Provided, That an owner is not responsible for
or liable for repairs, maintenance or damage arising from the
regular operation, maintenance, deficiencies or ownership of the dam, nor shall the owner be cited as a noncompliant dam owner for
any deficiencies of the dam, so long as the owner does not
intentionally cause, damage or interfere with the regular operation
and maintenance of the dam.;
And,
On page six, section three, subsection (k), by striking out
all of subdivision (4).
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment, as amended.
Engrossed Senate Bill No. 454, as amended, was then put upon
its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 454) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 523,
Providing for additional state veterans skilled nursing facility in
Beckley.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On pages two through six, lines one through seventy-six, by
striking out all of section ten and inserting in lieu thereof a new
section, designated section ten, to read as follows:
The director secretary is the executive and administrative
head of the division department and has the power and duty, subject
to the provisions of section four of this article, to:
(a) Supervise and put into effect the purposes and provisions
of this article and the rules for the government of the division
department;
(b) Prescribe methods pertaining to investigations and
reinvestigations of all claims and to the rights and interests of
all veterans, their widows, widowers, dependents and orphans;
(c) Prescribe uniform methods of keeping all records and case
records of the veterans, their widows, widowers, dependents and
orphans;
(d) Sign and execute, in the name of the state by West
Virginia Division Department of Veterans' Affairs and by and with the consent of the Veterans' Council, Assistance, any contract or
agreement with the federal government or its agencies, other
states, subdivisions of this state, corporations, associations,
partnerships or individuals;
(e) Supervise the fiscal affairs and responsibilities of the
division department;
(f) Organize the division department to comply with the
requirements of this article and with the standards required by any
federal act or any federal agency;
(g) Establish any regional or area offices throughout the
state that are necessary to promote efficiency and economy in
administration;
(h) Make reports that comply with the requirements of any
federal act or federal agency and the provisions of this article;
(i) Cooperate with the federal and state governments for the
more effective attainment of the purposes of this article;
(j) Keep a complete and accurate record of all proceedings;
record and file all contracts and agreements and assume
responsibility for the custody and preservation of all papers and
documents pertaining to his or her office and the division
department;
(k) Prepare for the Veterans' Council the annual reports to
the Governor of the condition, operation and functioning of the
division department;
(l) Exercise any other powers necessary and proper to
standardize the work; to expedite the service and business; to assure fair consideration of the rights and interests and claims of
veterans, their widows, widowers, dependents and orphans; to
provide resources for a program which will promote a greater
outreach to veterans and which will advise them of the benefits and
services that are available; and to promote the efficiency of the
division department;
(m) Invoke any legal, equitable or special remedies for the
enforcement of his or her orders or the provisions of this article;
(n) Appoint the veterans' affairs officers and heads of
divisions of the division department, and of regional or area
offices, and employ assistants and employees, including case
managers and counselors, that are necessary for the efficient
operation of the division department;
(o) Provide resources and assistance in the development of an
Internet website which is to be used to inform veterans of programs
and services available to them through the division department and
the state and federal governments;
(p) Delegate to all or any of his or her appointees,
assistants or employees all powers and duties vested in the
director secretary, except the power to sign and execute contracts
and agreements: but the director Provided, That the secretary shall
be responsible for the acts of his or her appointees, assistants
and employees; and
(q) Provide volunteers who will drive or transport Award
grants, in his or her discretion, subject to available
appropriations, to provide for the transportation of veterans to veterans' hospitals from the veteran's home or local Veterans'
affairs Assistance offices. and who shall be paid an expense per
diem of seventy-five dollar; and
__(r) Enter into an agreement with the Commissioner of the
Department of Agriculture to transfer without consideration all or
part of the approximately seventeen acres of the Department of
Agriculture property in Beckley, West Virginia, located adjacent to
the Jackie Withrow Hospital which was formerly known as Pinecrest
Hospital, for construction of a veterans skilled nursing facility.;
On page eleven, section four, line fifty, after the word
"transfer" by inserting the words "without consideration";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 523--A Bill
to amend and reenact §9A-1-10 of the Code of West Virginia, 1931,
as amended; to amend and reenact §16-1B-1 of said code; and to
amend and reenact §19-1-4 of said code, all relating to the
authority of the Secretary of the Department of Veterans'
Assistance; authorizing the Secretary of the Department of
Veterans' Assistance and the Commissioner of the Department of
Agriculture to enter into an agreement to transfer certain property
for construction of a veterans skilled nursing facility; removing
outdated language; providing additional powers to the Secretary of
Department of Veteran's Assistance; authorizing the Secretary to
award grants to provide transportation for veterans; and making legislative findings.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 523, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 523) passed with its House of
Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 574, Clarifying mobile home
permanently attached to real estate is not personal property under certain conditions.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page one, by striking out everything after the enacting
section and inserting in lieu thereof the following:
CHAPTER 11. TAXATION.
ARTICLE 5. ASSESSMENT OF PERSONAL PROPERTY.
§11-5-12. Mobile homes situate upon property owned by a person
other than owner of mobile home.
Mobile homes
situate situated upon property owned by a person
other than the owner of the mobile home
shall be are classified as
personal property whether or not
said the mobile home is
permanently affixed to the real estate and, unless subject to
assessment as Class II property under section eleven of this
article or section two, article four of this chapter,
shall be are
assessed as Class III or Class IV personal property, as may be
appropriate in the circumstances.
A mobile home permanently attached to the real estate of the
owner may not be classified as personal property if the owner has
filed a canceled certificate of title with the clerk of the county
commission and
the clerk has recorded it in the same manner as
deeds are recorded and indexed.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE AND ANTITHEFT PROVISIONS.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-12b. Canceled certificates of title for certain mobile and
manufactured homes.
The commissioner may cancel a certificate of title for a
mobile or manufactured home affixed to the real property of the
owner of the mobile or manufactured home. The person requesting
the cancellation shall submit to the commissioner an application
for cancellation together with the certificate of title. The
application shall be on a form prescribed by the commissioner. The
commissioner shall return one copy of the cancellation certificate
to the owner and shall send a copy of the cancellation certificate
to the clerk of the county commission to be recorded and indexed in
the
deed book same manner as a deed, with the owner's name being
indexed in the grantor index. The commissioner shall charge a fee
of $10 per certificate of title canceled.
The clerk shall return a
copy of the recorded cancellation certificate to the owner, unless
there is a lien attached to the mobile or manufactured home, in
which case the copy of the recorded cancellation certificate shall
be returned to the lienholder. Upon
recordation its recording in
the county clerk's office, the mobile or manufactured home shall be
treated for all purposes as an appurtenance to the real estate to
which it is affixed and be transferred only as real estate and the
ownership interest in the mobile or manufactured home, together
with all liens and encumbrances on the home, shall be transferred
to and shall encumber the real property to which the mobile or manufactured home has become affixed.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 574, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 574) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 574) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 579, Creating Land Reuse
Agency Authorization Act.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page nineteen, section nine, line seventeen, after the word
"proper" by changing the period to a colon and inserting the
following proviso:
Provided, That a land reuse agency may not
acquire any interest in oil, gas or minerals which have been
severed from the realty.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 579, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 579) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 621, Authorizing insurers
offer flood insurance.
A message from The Clerk of the House of Delegates announced
the amendment by that body, adoption as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Com. Sub. for Senate Concurrent Resolution No. 28, Requesting
DOH name road in Logan County "Joshua Walls Memorial Highway".
On motion of Senator Unger, the message on the resolution was
taken up for immediate consideration.
The following House of Delegates amendment to the resolution
was reported by the Clerk:
On page one, in the first Whereas clause, by striking out the
words "all deceased" and inserting in lieu thereof the word "(deceased)".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the resolution.
Committee Substitute for Senate Concurrent Resolution No. 28,
as amended by the House of Delegates, was then put upon its
adoption.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, adoption as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Com. Sub. for Senate Concurrent No. 41, Requesting DOH name
portion of Rt. 83 in McDowell County "U. S. Army MSG Joe C.
Alderman Memorial Road".
On motion of Senator Unger, the message on the resolution was
taken up for immediate consideration.
The following House of Delegates amendments to the resolution
were reported by the Clerk:
By striking out everything after the title and inserting in
lieu thereof the following:
Whereas, MSGT Alderman was born in Bartley, McDowell County,
on September 11, 1940; and
Whereas, MSGT Alderman enlisted in the Army in 1958 following his graduation from Big Creek High School; and
Whereas, MSGT Alderman began his career with the Army Special
Forces in 1962; and
Whereas, During his time in the Special Forces, MSGT Alderman
spent seven years on special detachments in Vietnam; and
Whereas, MSGT Alderman's awards and honors include the Silver
Star, Legion of Merit, Soldier's Medal, six Bronze Stars, the
Meritorious Service Medal, five Air Medals, the Joint Service
Medal, six Army Commendation Medals and three Purple Hearts. Other
awards from his time in Vietnam include the Special Service Medal
for Heroism, the Cross of Gallantry with a Silver Star, two Bronze
Stars and the Armed Forces Honor Medal; and
Whereas, MSGT Alderman retired in November, 1980, and his
career achievements were marked with his induction into the Ranger
Hall of Fame in 1998; and
Whereas, It is fitting to honor MSGT Alderman's life and
service by naming the stretch of West Virginia Route 83 after him;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
stretch of West Virginia Route 83 between its intersection with
West Virginia Route 16 at Yukon, McDowell County, and its
intersection with County Road 83/03 in Bartley, McDowell County,
the "U. S. Army MSGT Joe C. Alderman Memorial Road"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the road as the "U. S. Army MSGT Joe C. Alderman Memorial Road"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
Transportation, the Commissioner of Highways and MSGT Alderman's
surviving relatives.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Com. Sub. for Senate Concurrent Resolution No. 41--Requesting
DOH name portion of Rt. 83 in McDowell County "U. S. Army MSGT Joe
C. Alderman Memorial Road".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the resolution.
Committee Substitute for Senate Concurrent Resolution No. 41,
as amended by the House of Delegates, was then put upon its
adoption.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4363, Creating an informal
dispute resolution process available to behavioral health
providers.
At the request of Senator Unger, unanimous consent being
granted, the Senate again proceeded to the sixth order of business.
Senators Unger, Kessler (Mr. President), Beach, Carmichael,
Cole, Edgell, Facemire, Fitzsimmons, D. Hall, Laird, Miller,
Palumbo, Sypolt, Wells, Yost and Tucker offered the following
resolution:
Senate Concurrent Resolution No. 98--Requesting the Joint
Committee on Government and Finance establish a special study
commission to review the January, 2011, United States Chemical,
Safety and Hazard Investigation Board's Pesticide Chemical Runaway
Reaction Pressure Vessel Explosion Investigation Report on the
August 28, 2008, explosion at the Bayer CropScience, LP facility in
Institute, West Virginia.
Whereas, On August 28, 2008, there was an explosion at the
Bayer CropScience, LP facility in Institute, West Virginia, that
killed two persons and injured eight others; and
Whereas, In January, 2011, the United States Chemical, Safety
and Hazard Investigation Board issued Report No. 2008-08-I-WV on
the explosion; and
Whereas, In its investigative report the United States
Chemical, Safety and Hazard Investigation Board cited four key
issues: (1) Process Hazards Analysis; (2) Pre-Startup Safety
Review; (3) Process Safety Information and Training; and (4)
Emergency Planning and Response; and
Whereas, In addition to making its findings and conclusions
the investigative report also set forth recommendations to the following governmental units: (1) The Director of the Kanawha-
Charleston Health Department; (2) the Secretary of the West
Virginia Department of Health and Human Resources; (3) the
Secretary of the Department of Environmental Protection; (4) the
Kanawha-Putnam Emergency Planning Committee; and (5) the West
Virginia State Fire Marshal; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to establish a study commission to review the January,
2011, United States Chemical, Safety and Hazard Investigation
Board's Pesticide Chemical Runaway Reaction Pressure Vessel
Explosion Investigation Report on the August 28, 2008, explosion at
the Bayer CropScience, LP facility in Institute, West Virginia;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance designate the respective Senate and House of Delegates
chairs of the Judiciary, Finance and Health committees, the
cochairs of the Joint Legislative Oversight Commission on State
Water Resources and public health and safety professionals, such as
the Director of the Kanawha-Charleston Health Department, the
Secretary of the West Virginia Department of Health and Human
Resources, the Secretary of the Department of Environmental
Protection, the Kanawha-Putnam Emergency Planning Committee and the
West Virginia State Fire Marshal, to the special study commission;
and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration
and referred to the Committee on Rules.
Senators Walters, Barnes, Blair, Boley, Carmichael, Chafin,
Cole, Fitzsimmons, D. Hall, M. Hall, Jenkins, McCabe, Nohe,
Palumbo, Snyder, Sypolt, Williams, Tucker and Yost offered the
following resolution:
Senate Concurrent Resolution No. 99--Requesting the Joint
Standing Committee on Education study the ratio of elementary and
secondary school students to administrators and compare those
ratios to those of the other forty-nine states.
Whereas, Education, especially elementary and secondary
education, is singularly important in the preparation of a
student's ability to participate and prosper in the modern global
economy; and
Whereas, Resources dedicated to sustaining and improving the
state's educational system should, as much as possible, directly
support and benefit student learning in the classroom; and
Whereas, In order to thoroughly consider and deliberate future
education-related legislation, the Legislature requires that
sufficient fact-based data be available; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Standing Committee on Education study the ratio
of elementary and secondary school students to administrators and
compare those ratios to those of the other forty-nine states; and,
be it
Further Resolved, That the Joint Standing Committee on
Education report to the regular session of the Legislature, 2015,
on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration
and referred to the Committee on Rules.
Senators Walters, Barnes, Blair, Boley, Carmichael, Chafin,
Cole, Cookman, Fitzsimmons, M. Hall, Nohe, Sypolt and Tucker
offered the following resolution:
Senate Concurrent Resolution No. 100--Requesting the Joint
Standing Committee on the Judiciary study the costs and benefits of
summary jury trials.
Whereas, The costs of small-claims litigation is an
increasingly large burden upon small businesses operating within
the State of West Virginia; and
Whereas, Methods of alternative dispute resolution have helped
in reducing the burden of litigation on both plaintiffs and
defendants in civil matters, and have further unburdened the
state's trial and appellate courts from some matters which would
otherwise place increased demands upon the civil justice system;
and
Whereas, Summary jury trials are increasingly used as a method
of alternative dispute resolution in jurisdictions around the
country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested
to study the costs and benefits of summary jury trials; and, be it
Further Resolved, That the Joint Standing Committee on the
Judiciary study the history, practice, costs and benefits of
summary jury trials, whether they may serve as a means of
alleviating some of the burdens placed on West Virginia's civil
justice system, which types of cases should be referred to or
excluded from the practice of summary jury trials, whether the
decision of a summary jury trial should be binding upon the parties
thereto and under what circumstances summary jury trials should be
binding on the parties thereto; and, be it
Further Resolved, That the Joint Standing Committee on the
Judiciary report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration
and referred to the Committee on Rules.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 101--Requesting the Joint
Committee on Government and Finance study increasing the amount of
physical activity required in schools.
Whereas, Childhood obesity is an epidemic in West Virginia and
the United States. According to a report from the Trust for
America's Health and the Robert Wood Johnson Foundation, if the
obesity rates continue to grow at current rates over the next two
decades, the health and economic cost to our state and the nation
will be staggering; and
Whereas, West Virginia has some of the highest rates of the
highest-cost and highest-incidence health problems related to
obesity and physical inactivity: Type 2 diabetes, coronary, heart
disease and stroke, hypertension, arthritis and obesity-related
cancers; and
Whereas, Researchers estimate that the medical costs of adult obesity in the United States range from $147 billion to nearly $210
billion per year and that Medicare and Medicaid will pay $61.8
billion of those costs. In West Virginia, a recent economic study
found that in 2009 the direct medical cost of obesity was $8.9
million; and
Whereas, Childhood obesity is responsible for $14.1 billion in
direct medical costs nationally. In West Virginia the estimated
direct medical cost to Medicaid for treatment of childhood obesity
in 2013 was $198.1 million; and
Whereas, Providing healthy, nutritious meals and snacks in
schools will help curb the rise in childhood obesity but that alone
is not enough to address the obesity epidemic; and
Whereas, There is a large body of scientific evidence
demonstrating that regular physical activity promotes growth and
development in children and teens and has multiple benefits for
physical, mental and cognitive health; and
Whereas, A study by the Institute of Medicine found that
physical activity is related to lower body fat, greater muscular
strength, stronger bones and improvements in cardiovascular and
metabolic health, as well as improvements in mental health by
reducing and preventing conditions such as anxiety, depression and
enhancing self-esteem; and
Whereas, West Virginia was ranked the number-two state
nationally in adult physical inactivity in a 2013 report by the
Trust for America's Health and the Robert Wood Johnson Foundation;
and
Whereas, Children and teens have low levels of physical
activity. For example, former military leaders report that twenty-
seven percent of young Americans are too overweight to serve in the
military; and
Whereas, According to a 2005 national literature review
reported in Pediatric Exercise Science, students in middle and high
school engaged in moderate to vigorous physical activity during
physical education class for twenty-seven to forty-seven percent of
class time; and
Whereas, A study reported in the West Virginia Medical Journal
found that elementary school physical education classes provide
moderate to vigorous physical activity for less than twenty-seven
percent of the recommended class time rather than the recommended
fifty percent. West Virginia children are generally not receiving
the necessary intensity of activity nor the minimum of sixty
minutes per day of moderate to vigorous physical activity; and
Whereas, Research shows that physically active children are
more likely to thrive academically and socially. There is evidence
that physically fit children have higher scholastic achievement,
better classroom behavior and less absenteeism than their unfit
counterparts; and
Whereas, Children and teens spend more than half of their
waking hours at school which makes school an ideal location to
increase physical activity; and
Whereas, Schools have historically been leaders in supporting
the well-being of our children and teens by providing health screenings, immunizations and nutrition programs while training
them to be productive citizens and lifelong learners. The next
step in nurturing and developing healthy productive children and
teens is to engage them in regular physical activity. Our schools
can and should play a major role in efforts to make our children
and teens more active, putting them on a track toward better health
and performance in school and throughout life; and
Whereas, The schools can not accomplish this alone; the
necessary improvements in our children's health and well-being will
require collaboration between the families, communities and
schools; and
Whereas, In 2005, the Legislature enacted the Healthy
Lifestyles Act; however, there is no mechanism to assure
implementation and many students are not receiving the benefits of
the required physical education; and
Whereas, The availability of online resources and peer
training greatly improves teacher and principal perception and
participation in physical activity programs; and
Whereas, Teachers and principals report that physical activity
has been successfully incorporated into classroom teaching in some
schools in West Virginia through "Let's Move! West Virginia"
programs such as activity breaks and active learning without the
need for special facilities or additional physical education
teachers or expanding the school day; and
Whereas, Schools face challenges in providing needed physical
education and physical activity to students. Lack of staff and equipment and increased pressure to raise test scores and greater
demands to meet content standards and objectives time imped efforts
to provide adequate physical education and activity. Regardless of
the challenges, schools must provide physical education and
physical activity in order to assure their health and well-being
and halt the obesity epidemic afflicting our children and teens;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study increasing the amount of physical activity
required in schools; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2015, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration
and referred to the Committee on Rules.
Senators Cann, Yost, Prezioso and Unger offered the following
resolution:
Senate Resolution No. 53--Memorializing the life of James Dominick LaRosa, businessman, philanthropist and distinguished West
Virginian.
Whereas, James Dominick LaRosa was born on December 22, 1926,
the son of James and Emilia (Cava) LaRosa; and
Whereas, James Dominick LaRosa, upon graduation from
Washington Irving High School in Clarksburg in 1944, attended West
Virginia University and graduated in 1948 with a degree in Business
Administration, after which he went to work with his father at
LaRosa Fuel Company; and
Whereas, James Dominick LaRosa assumed the position of
President of LaRosa Fuel Company at the age of thirty-five and
became committed to the values taught to him by his parents by
becoming invested in enhancing and improving quality of life for
his family, his community and all of north-central West Virginia;
and
Whereas, James Dominick LaRosa was a visionary, using his
success in business to benefit everyone around him--from local and
regional commercial development and attracting world renowned
talent Pete Dye to north-central West Virginia to design the Pete
Dye Golf Club, to assisting local civic groups, government agencies
and animal rights groups. His passion for philanthropy will be
felt by many future generations of West Virginians to come; and
Whereas, James Dominick LaRosa is a shining example to the
world of what can be accomplished with perseverance, strong will,
a compassionate heart and a genuine love for his state and his
fellow West Virginians; and
Whereas, Sadly, James Dominick LaRosa passed away on February
15, 2014, at the age of eighty-seven, bringing an end to a long,
productive life of dedicated public service; and
Whereas, Although he is gone, James Dominick LaRosa left his
accomplishments and successes in life behind for everyone to
remember him by and his spirit will resound throughout the hills of
West Virginia forever; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of James Dominick
LaRosa, businessman, philanthropist and distinguished West
Virginian; and, be it
Further Resolved, That the Senate acknowledges and is truly
grateful for James Dominick LaRosa's dedication and commitment to
his community and the State of West Virginia and expresses its
sincere condolences to the many family members and friends he left
behind, as we mourn the loss of a great West Virginian; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of the late James Dominick
LaRosa.
At the request of Senator Cann, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 140--Requesting that the
Division of Highways name bridge number 17-24/1-5.79 (17A321),
which crosses Simpson Creek, at 0.01 miles west of County Route 24,
between the Meadowbrook Mall and the Pete Dye Golf Course, at
Bridgeport, Harrison County, West Virginia, the "James D. LaRosa
Memorial Bridge".
At the request of Senator Unger, and by unanimous consent, the
message was taken up for immediate consideration and reference of
the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Unger, unanimous consent being
granted, the Senate again proceeded to the sixth order of business.
Senators Walters, Cole, Yost and Unger offered the following
resolution:
Senate Resolution No. 54--Honoring Dr. Rahul Gupta for his
commitment to excellence in providing all aspects of health care to
the citizens of Kanawha and Putnam counties and for his many health
care contributions to the State of West Virginia.
Whereas, Dr. Rahul Gupta is the Health Officer and Executive
Director at Kanawha-Charleston Health Department and leads the largest local health department in the State of West Virginia; and
Whereas, Dr. Rahul Gupta earned a Doctor of Medicine degree
from University of Delhi and completed his internship and residency
training at St. Joseph Hospital/Northwestern University in Chicago,
Illinois. Additionally, he has a Master's in Public Health (MPH) in
Healthcare Organization and Health Policy from the University of
Alabama-Birmingham and is a recipient of fellowship from the
American College of Physicians and is board certified by the
American Board of Internal Medicine; and
Whereas, Dr. Rahul Gupta is an adjunct clinical Assistant
Professor of Medicine at the West Virginia University School of
Medicine and adjunct Associate Professor at University of
Charleston's School of Pharmacy. He also serves as a medical
consulting and a teaching staff member at Charleston Area Medical
Center hospital and is a volunteer physician at the West Virginia
Health Right Clinic in Charleston; and
Whereas, Dr. Rahul Gupta has worked with various health care
organizations to develop, integrate and measure adherence to
various public health initiatives, including those for the
underserved and indigent population. Such initiatives are wide
ranging, from immunization initiatives to reducing heart disease,
stroke and pneumonia-related morbidity and mortality. He is also
instrumental in working with state partners to spearhead the
various quality assurance initiatives in public health in West
Virginia; and
Whereas, Here in the Kanawha Valley, Dr. Rahul Gupta is leading the charge to make sure that the citizens of Kanawha and
Putnam counties have access to clinical services, live in a clean
environment and are educated on health prevention and wellness; and
Whereas, Since the January 9, 2014, chemical spill in the Elk
River that contaminated the drinking water of three hundred
thousand citizens, Dr. Rahul Gupta has worked tirelessly alongside
local, state and federal officials to ensure that a tragedy of this
proportion never happens again; and
Whereas, The Senate acknowledges and is extremely grateful for
the health care service excellence of Dr. Rahul Gupta, who has
demonstrated a commitment to public service that is unmatched by
most; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Dr. Rahul Gupta for his
commitment to excellence in providing all aspects of health care to
the citizens of Kanawha and Putnam counties and for his many
contributions to health care in the State of West Virginia; and, be
it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Dr Rahul Gupta.
At the request of Senator Walters, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced
that that body had refused to recede from its amendments, and
requested the appointment of a committee of conference of three
from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for Senate Bill No. 477, Providing teachers
determine use of time during planning period.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Pethtel, Williams and Sumner.
On motion of Senator Unger, the Senate agreed to the
appointment of a conference committee on the bill.
Whereupon, Senator Kessler (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Tucker, D. Hall and Boley.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 4298, Changing the
experience requirements of the composition of the members of the
West Virginia Ethics Commission.
On motion of Senator Unger, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing votes of the two houses.
Whereupon, Senator Kessler (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Williams, Miller and Sypolt.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 92, Requesting Joint
Committee on Government and Finance study reimbursement rates for
mental health therapy services.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 93, Requesting Joint
Committee on Government and Finance study effects of tanning beds
use and cancer.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 94, Requesting Joint
Committee on Government and Finance study Common Core Standards.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Resolution No. 52, Memorializing life of Jeffrey S.
Taylor.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
The Senate proceeded to the eighth order of business.
Senator Wells requested that all bills on third reading be
read fully and distinctly.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Unger, the Senate recessed until 1:30
p.m. today.
Upon expiration of the recess, the Senate reconvened.
Senator Unger announced that in the meeting of the Committee
on Rules just held, the committee, in accordance with rule number
seventeen of the Rules of the Senate, had placed consideration of
Engrossed House Bill No. 4588 preceding consideration of bills on
today's third reading calendar.
The Senate then resumed business under the eighth order.
Eng. House Bill No. 4588, Protecting unborn children who are
capable of experiencing pain by prohibiting abortion after twenty
weeks.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Senator Prezioso moved the previous question, which motion
prevailed.
The previous question having been ordered, that being on the
passage of Engrossed House Bill No. 4588.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe, Plymale, Prezioso, Stollings, Sypolt, Tucker, Unger,
Walters, Williams, Yost and Kessler (Mr. President)--29.
The nays were: Facemire, McCabe, Palumbo, Snyder and
Wells--5.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4588) passed.
At the request of Senator Stollings, as chair of the Committee
on Health and Human Resources, and by unanimous consent, the
unreported Health and Human Resources committee amendment to the
title of the bill was withdrawn.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 4588--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-2M-1, §16-2M-2, §16-2M-3, §16-2M-4, §16-2M-5 and
§16-2M-6, all relating to prohibiting certain abortions; stating
legislative findings; defining terms; requiring a calculation of
post-fertilization age before an abortion is performed or
attempted, except in certain cases; prohibiting abortions when the
post-fertilization age of the fetus is twenty weeks or more
regardless of whether the fetus has reached the point of viability;
creating certain exceptions to that prohibition; requiring a
physician performing an abortion of a fetus that has a post-
fertilization age of twenty weeks or more to use the process most likely to allow the fetus to survive, with certain exceptions;
requiring reporting of all completed abortions and that the reports
contain certain information regarding the abortion; requiring an
annual public report that provides statistics of the abortions
while keeping the identities of the persons involved confidential;
creating a misdemeanor offense for a physician who intentionally
and recklessly performs or induces an abortion in violation of this
article; providing up to $4,000 fine upon conviction; and
clarifying that no penalty may be assessed against a patient.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Wells, unanimous consent being
granted, Senator Wells addressed the Senate regarding the passage
of Engrossed House Bill No. 4588.
Thereafter, at the request of Senator McCabe, and by unanimous
consent, the remarks by Senator Wells were ordered printed in the
Appendix to the Journal.
At the request of Senator Cookman, unanimous consent being
granted, Senator Cookman addressed the Senate regarding the abuse
of children.
Thereafter, at the request of Senator McCabe, and by unanimous
consent, the remarks by Senator Cookman were ordered printed in the
Appendix to the Journal.
At the request of Senator McCabe, unanimous consent being
granted, Senator McCabe addressed the Senate regarding Senator
Cookman's foregoing remarks.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the appointment of a committee of
conference of three from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 4236, Sexual assault nurse
examination network.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Fleischauer, Skinner and Ellem.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the appointment of a committee of
conference of three from each house on the disagreeing votes of the
two houses, as to
Eng. House Bill No. 4619, Authorizing innovation school
districts.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Lawrence, Young and Cooper.
The Senate again proceeded to the eighth order of business.
At the request of Senator Wells, and by unanimous consent, his
foregoing request that all bills on third reading be read fully and
distinctly was withdrawn.
The Senate then resumed consideration of the remainder of its
third reading calendar, the next bill coming up in numerical sequence being
Eng. Com. Sub. for House Bill No. 2387, Relating to reasonable
accommodations under the West Virginia Fair Housing Act for persons
with disabilities who need assistive animals.
On third reading, coming up in regular order, with the
unreported Judiciary committee amendment pending, and with the
right having been granted on yesterday, Friday, March 7, 2014, for
further amendments to be received on third reading, was reported by
the Clerk.
At the request of Senator Unger, and by unanimous consent,
consideration of the bill was deferred until the conclusion of
bills on today's third reading calendar.
Eng. House Bill No. 2477, Permitting certain auxiliary
lighting on motorcycles.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 2477) 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. 2606, Permitting the State
Rail Authority to set the salary of the executive director.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2606) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2606) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2757, Private cause of
action for the humane destruction of a dog.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2757) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2757--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §19-20D-1, §19-20D-2 and §19-20D-3, all relating to the creation of a
private cause of action in magistrate
court for the purpose of seeking humane destruction of a dog which
has attacked a person; providing the elements of the cause of
action and contents of the verified petition; allowing attorney
fees; providing for limitations of the cause of action; requiring
the court to issue a written order; providing for contents of
order; requiring proof of euthansia; and requiring dismissal of
petition if euthansia not ordered.
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. 2954, Requiring that members
of the Mine Safety Technology Task Force are paid the same
compensation as members of the Legislature.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2954) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2954) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 3011, Removing the provision
that requires an applicant to meet federal requirements concerning
the production, distribution and sale of industrial hemp prior to
being licensed.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3011) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 3011--A Bill to amend and
reenact §19-12E-5 and §19-12E-9 of the Code of West Virginia, 1931,
as amended, all relating to removing the provision that requires an
applicant to meet federal requirements concerning the production,
distribution and sale of industrial hemp prior to being licensed to
grow hemp for industrial purposes in the state or as part of a
complete defense to a prosecution for the possession or cultivation
of marijuana; and limiting the cultivation of industrial hemp to
research conducted by the Commissioner of Agriculture and
institutions of higher learning authorized by the commissioner to
do so.
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. 3156, Granting a labor
organization a privilege from being compelled to disclose any
communication or information the labor organization or agent
received or acquired in confidence from an employee.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Palumbo, and by unanimous consent,
consideration of the bill was deferred until the conclusion of
bills on today's third reading calendar, following consideration of
Engrossed Committee Substitute for House Bill No. 2387, already
placed in that position.
Eng. Com. Sub. for House Bill No. 4139, Restricting parental
rights of child custody and visitation when the child was conceived
as a result of a sexual assault or sexual abuse.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4139) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4139--A Bill to amend the
Code of West Virginia, 1931, as amended by adding thereto a new
section, designated §48-9-209a, relating to restricted parental rights of child custodial responsibility and parenting time when a
child was conceived as a result of a sexual assault or certain
sexual abuse; denying custodial responsibility and parenting time
rights to a natural parent convicted of sexual assault when a child
is produced as a result of the offense; providing limited
exceptions when the biological parents cohabit; creating a
rebuttable presumption against the allocation of exclusive or
shared custodial responsibility or parenting time to the
perpetrator of the offense after cohabitation with the other parent
under certain circumstances; requiring the court to find by clear
and convincing evidence that custodial responsibility or parenting
time by a person convicted of sexual assault or certain sexual
abuse is in the best interest of the child, victim, that the victim
consents and certain other facts in order to allocate such
custodial responsibility or parenting time; and clarifying the
natural parent's continuing support obligations.
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. 4184, Relating to the West
Virginia Tourism Development Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
House Bill No. 4184 pass?"
Senators Cole and M. Hall, respectively, moved to be excused from voting on any matter pertaining to the bill under rule number
forty-three of the Rules of the Senate, which motions prevailed.
On the passage of the bill, the yeas were: Beach, Cann,
Cookman, Edgell, Fitzsimmons, Green, D. Hall, Kirkendoll, Laird,
McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Tucker, Unger, Wells, Williams, Yost and Kessler (Mr.
President)--22.
The nays were: Barnes, Blair, Boley, Carmichael, Chafin,
Facemire, Jenkins, Nohe, Sypolt and Walters--10.
Absent: None.
Excused from voting: Cole and M. Hall--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4184) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4184--A Bill to amend and
reenact §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-7, §5B-2E-7a, §5B-2E-8
and §5B-2E-11 of the Code of West Virginia, 1931, as amended, and
to amend said code by adding thereto a new section, designated §5B-
2E-7b, all relating generally to the West Virginia Tourism
Development Act; providing, modifying or eliminating certain
definitions; removing requirement for engagement of a consulting
firm to review proposed projects; imposing application filing fee;
providing additional criteria for evaluation of applications;
eliminating limitation on total amount of tourism development expansion project tax credits for all approved companies each
calendar year; providing increased tax credit amounts for projects
located on or adjacent to state and federal recreational property;
establishing tax credit for qualified professional services
destination facilities under certain circumstances; specifying
benefits upon application and review; providing certain limitations
on benefits; authorizing rulemaking by the Tax Commissioner;
providing for recapture; extending the deadline for project
applications; and making technical corrections.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Sypolt, and by unanimous
consent, the remarks by Senator Barnes regarding the passage of
Engrossed Committee Substitute for House Bill No. 4184 were ordered
printed in the Appendix to the Journal.
Thereafter, at the request of Senator Unger, unanimous consent
being granted, the remarks by Senator Miller regarding the passage
of Engrossed Committee Substitute for House Bill No. 4184 were
ordered printed in the Appendix to the Journal.
Eng. Com. Sub. for House Bill No. 4204, Relating to the
nonrenewal or cancellation of property insurance coverage policies
in force for at least four years.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4204) 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. 4210, Juvenile sentencing
reform.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4210) 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. 4220, Relating to waiver of
jury trial in claims arising from consumer transactions.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4220) passed.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, and by unanimous consent, the unreported
Judiciary committee amendment to the title of the bill was
withdrawn.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4220--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §16-5C-21, relating to requirements for agreements with nursing homes wherein a person waives their rights
to trials by jury on claims arising from the nursing care of a
nursing home resident; ensuring the court is not bound to find all
or part of the contract enforceable, unenforceable, conscionable or
unconscionable; and applying this section to all agreements entered
into on or after January 1, 2015.
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. 4228, Repealing or removing
certain portions of education-related statutes that have expired.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4228) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4228--A Bill to repeal §11-8-16a of the Code of West Virginia, 1931, as amended; to repeal
§18-2-17 of said code; to repeal §18-2E-5b and §18-2E-8b of said
code; to repeal §18-2G-1, §18-2G-2 and §18-2G-3 of said code; to
repeal §18-5-15e and §18-5-38 of said code; to repeal §18-7-1, §18-
7-2 and §18-7-3 of said code; to repeal §18-9A-6b, §18-9A-14a and
§18-9A-19 of said code; to repeal §18-9C-1, §18-9C-2, §18-9C-3,
§18-9C-4, §18-9C-5, §18-9C-6, §18-9C-7 and §18-9C-8 of said code;
to repeal §18A-3-1c and §18A-3-1d of said code; to repeal §18A-4-
10b and §18A-4-14a of said code; to amend and reenact §18-2-5a and
§18-2-13 of said code; to amend and reenact §18-2E-7 of said code;
to amend and reenact §18-8-1a of said code; and to amend and
reenact §18A-2-12 of said code, all relating to repealing or
removing certain portions of education-related statutes that are no
longer applicable or are expired; repealing the authorization for
county boards of education with an excess levy in effect prior to
Better Schools Amendment to propose an additional excess levy not
exceeding one hundred percent and a period of five years; repealing
an expired pilot program for the delivery of leftover foods from
schools and penal institutions; repealing expired provisions for
review of system of education performance audits; repealing an
expired requirement for audit of state board policies; repealing
the library media improvement grant program; repealing an expired
requirement for study on school equity; repealing an expired
provision governing county board meetings; repealing an adult
literacy education program financed, in part, by a voluntary state
income tax return check-off; repealing the appropriation and allocation, up to $7 million, due to the increase in local share to
Teachers Retirement System; repealing the incentive for
administrative efficiency in public schools and its associated
funding to the county boards of education; repealing a requirement
for county boards of education to request funds to which they may
be entitled; repealing the Better School Buildings Amendment and
associated funding to county boards of education; repealing an
expired study on training, certification, licensure and retraining
of teachers; repealing a study of alternative certification
programs that was required to be submitted to the Legislative
Oversight Commission on Education Accountability by December 31,
2013; repealing the requirement to record and distribute exemplary
teaching techniques and its associated bonuses to certain teachers;
repealing an expired study on daily planning periods; providing
that the State Board of Education need only file a single copy of
a proposed rule with the legislative oversight commission; removing
the requirement that the State Board of Education contract with an
independent agency to evaluate the results of character education
and biannual reporting; changing the requirement from a school-by-
school to a countywide plan for provision of technology and
services to students as part of the twenty-first century strategic
learning plan; removing the requirement for semiannual reporting on
the effect of the increased compulsory attendance age of students
and the progress the state and county boards have made in
implementing its associated requirements; and clarifying that the
written evaluation system for employment performance of personnel must be conducted at least annually on professional personnel and
removing related transitional language.
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. 4237, Prohibiting the sale,
distribution and use of electronic cigarettes, vapor products and
other alternative nicotine products to persons under the age of
eighteen.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4237) passed.
At the request of Senator Stollings, as chair of the Committee
on Health and Human Resources, and by unanimous consent, the
unreported Health and Human Resources committee amendment to the
title of the bill was withdrawn.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4237--A Bill to amend and
reenact §16-9A-2, §16-9A-3, §16-9A-4, §16-9A-7 and §16-9A-8 of the
Code of West Virginia, 1931, as amended, all relating to
restrictions placed on tobacco products and tobacco-derived
products containing nicotine; defining terms; defining vapor
products and alternative nicotine products as tobacco-derived
products; creating exclusions; limiting the use of and sale of
tobacco-derived products to persons under the age of eighteen in
the same manner as tobacco; prohibiting the sale or furnishing of
tobacco and tobacco-derived products to individuals under eighteen
years of age; prohibiting the use and possession of tobacco or
tobacco-derived products by an individual under eighteen years of
age; allowing employers to dismiss an employee for cause for the
knowing or intentional sale or furnishing of tobacco or tobacco-
derived to someone under the age of eighteen; allowing for the
conduct of unannounced inspections to ensure compliance with sales
restrictions; restricting the use of tobacco and tobacco-derived
products on school grounds; restricting the sale of tobacco and
tobacco-derived products in vending machines; creating misdemeanor
offenses and criminal penalties relating to tobacco-derived
products that are consistent with tobacco products; creating a
defense in certain circumstances; and authorizing continued rule-
making authority.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4286, Captive Cervid Farming 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,
Blair, Boley, Carmichael, Edgell, Facemire, Fitzsimmons, Green, D.
Hall, M. Hall, Jenkins, Laird, McCabe, Miller, Nohe, Palumbo,
Plymale, Prezioso, Snyder, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--28.
The nays were: Cann, Chafin, Cole, Cookman, Kirkendoll and
Stollings--6.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4286) passed.
The following amendment to the title of the bill, from the
Committee on Agriculture and Rural Development, was reported by the
Clerk and adopted:
Eng. House Bill No. 4286--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-
2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-
12, §19-2H-13, §19-2H-14 and §19-2H-15; and to amend and reenact
§20-1-2 of said code, all relating to regulating captive cervids as
an agricultural enterprise; creating the Captive Cervid Farming
Act; creating joint regulatory authority between the Department of
Agriculture and the Division of Natural Resources; stating legislative purpose and findings; defining terms; authorizing
rulemaking; stating duties of commissioner and director; requiring
a class one or class two license from the department; requiring a
fencing permit from the division; establishing application
requirements and fees for biennial license and permit; issuing,
renewing and modifying license and permit certificates; providing
that sale of farm does not transfer license or permit; inspecting
farms; permitting the transition of current farms; providing for
noncompliance with article; establishing criminal penalties and
civil remedies; and clarifying natural resources definitions.
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. 4294, Establishing standards
for court reporters and entities that provide court reporting
services.
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, Cann, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green,
D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--31.
The nays were: Blair, Carmichael and Chafin--3.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4294) 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. 4316, Creating the student
data accessability, transparency and accountability act.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Friday, March 7, 2014, for
further amendments to be received on third reading, was reported by
the Clerk.
At the request of Senator Sypolt, and by unanimous consent,
consideration of the bill was deferred until the conclusion of
bills on today's third reading calendar, following consideration of
Engrossed Committee Substitute for House Bill No. 3156 already
placed in that position.
Eng. Com. Sub. for House Bill No. 4333, Relating to the
redirection of certain Lottery revenues to the State Excess Lottery
Revenue Fund.
On third reading, coming up in regular order, with the
unreported Finance committee amendment pending, and with the right
having been granted on yesterday, Friday, March 7, 2014, for
further amendments to be received on third reading, was reported by
the Clerk.
At the request of Senator Unger, and by unanimous consent,
consideration of the bill was deferred until the conclusion of
bills on today's third reading calendar, following consideration of Engrossed Committee Substitute for House Bill No. 4316 already
placed in that position.
Eng. Com. Sub. for House Bill No. 4335, Relating to a child's
right to nurse.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Friday, March 7, 2014, for
further amendments to be received on third reading, was reported by
the Clerk.
There being no further amendments offered,
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4335), as amended on yesterday, Friday, March 7, 2014, was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4335) 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. 4339, Ensuring that moneys from the Solid Waste Authority Closure Cost Assistance Fund are
available to facilitate the closure of the Elkins-Randolph County
Landfill and the Webster County Landfill.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4339) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4339--A Bill to amend and
reenact §22-16-11 and §22-16-12 of the Code of West Virginia, 1931,
as amended, all relating to authorizing the expenditures of moneys
from the Closure Cost Assistance Fund to facilitate the closure of
the Elkins-Randolph County Landfill and the Webster County
Landfill; authorizing expenditures of moneys from the Closure Cost
Assistance Fund to complete post-closure maintenance and
monitoring; and limiting liability of state and Wayne County Economic Development Authority if permit is transferred.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4339) takes effect from passage.
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. 4343, West Virginia Project
Launchpad Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
House Bill No. 4343 pass?"
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4343) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4343--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §5B-2I-1, §5B-2I-2, §5B-2I-3, §5B-2I-4, §5B-2I-
5, §5B-2I-6, §5B-2I-7, §5B-2I-8, §5B-2I-9, §5B-2I-10, §5B-2I-11,
§5B-2I-12, §5B-2I-13, §5B-2I-14, §5B-2I-15, §5B-2I-16, §5B-2I-17,
§5B-2I-18, §5B-2I-19, §5B-2I-20, §5B-2I-21, §5B-2I-22, §5B-2I-23,
§5B-2I-24, §5B-2I-25, §5B-2I-26, §5B-2I-27, §5B-2I-28, §5B-2I-29,
§5B-2I-30, §5B-2I-31, §5B-2I-32, §5B-2I-33, §5B-2I-34, §5B-2I-35,
§5B-2I-36, §5B-2I-37, §5B-2I-38, §5B-2I-39, §5B-2I-40 and §5B-2I-
41; to amend said code by adding thereto a new article, designated
§11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5, §11-6L-6 and §11-
6L-7; and to amend said code by adding thereto a new article,
designated §11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5,
§11-21A-6, §11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11,
§11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16, §11-
21A-17 and §11-21A-18, all relating generally to economic
development and job creation; creating the West Virginia Project Launchpad Act; providing short title; providing legislative purpose
and finding; defining certain terms; providing criteria for
establishment of West Virginia project launchpads by Governor;
allowing county commissions and county councils to apply for
launchpad designations; providing for form and content of
applications; specifying process for review of applications and
criteria for designating geographic areas as launchpads and for
expansion and decertification of launchpads; providing economic
benefits for businesses locating or expanding in launchpads
including state and local tax relief and other economic benefits;
prohibiting qualified businesses in a launchpad from employing
illegal aliens, engaging in illegal activity or being delinquent in
payment of state and local taxes; permitting transfer of economic
benefits to successor businesses; requiring qualified business to
comply with applicable zoning laws and state and local building and
other codes; providing for recapture of taxes and other economic
benefits under specified circumstances; promulgation of rules;
imposing civil penalties for noncompliance; providing rules of
application and construction; requiring periodic reports to
Governor and Legislature; providing for severability and
expiration; providing a special method for appraising property in
launchpad for economic development; providing short title; defining
certain terms; providing method of valuation of launchpad property;
providing for initial determination of value by assessor and for
protest and appeals; requiring periodic reports to Governor and
Legislature and specifying effective dates; creating the Promoting West Virginia Employment Act; providing short title and scope of
article; defining certain terms; providing qualification for
benefits; specifying benefits upon application and review;
specifying annual cap on benefits; providing for recapture of
benefits; providing for administration and enforcement of article
including issuance of regulations; requiring periodic reports to
Governor and Legislature; and specifying effective dates.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator McCabe, and by unanimous
consent, the remarks by Senator Cann regarding the passage of
Engrossed Committee Substitute for House Bill No. 4343 were ordered
printed in the Appendix to the Journal.
Eng. House Bill No. 4346, Establishing separate standards of
performance for carbon dioxide emissions.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4346) 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. 4347, Relating to
affirmative defenses against mechanics' liens.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--33.
The nays were: M. Hall--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4347) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4349, Clarifying retirement
dependent child scholarship and burial benefits under a Qualified
Domestic Relations Order.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4349) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4360, Relating to consumer
credit protection.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4360) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4360--A Bill to amend and
reenact §46A-2-128 of the Code of West Virginia, 1931, as amended,
relating to consumer credit protection generally; and including
additional conduct that constitutes unfair or unconscionable
conduct when collecting or attempting to collect a debt.
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. 4432, Adopting Principle
Based Reserving as the method by which life insurance company
reserves are calculated.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4432) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4480, Relating to investment
of the Acid Mine Drainage 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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4480) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4560, Relating to
reimbursement for copies of medical records.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4560) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4601, Relating to fiscal management and
regulation of publicly-owned utilities.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4601) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 4601--A Bill to amend and reenact §16-13A-
18a of the Code of West Virginia, 1931, as amended; and to amend
and reenact §24-2-4a and §24-2-4b of said code, all relating to
fiscal management and regulation of publicly owned utilities;
waiving certain cash distribution requirements in the case of a
sale between two political subdivisions; eliminating a suspension
period for a rate increase established by municipal rate ordinance
or enacted by a public service district that increases rates less
than twenty-five percent of gross revenues; providing a process to
apply for a waiver of the suspension period for rates established
by municipal rate ordinance or enacted by a public service district
that increases rates by more than twenty-five percent of gross
revenues; and providing a refund procedure for proposed municipal
or public service district rate increase in certain circumstances.
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. 4608, Defining dyslexia and
dyscalculia.
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,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4608) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Unger, the Senate recessed until 5:30
p.m. today.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the appointment of a committee of
conference of three from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 4298, Changing the
experience requirements of the composition of the members of the
West Virginia Ethics Commission.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Hunt, Pino and Ellem.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 4208, Banning synthetic
hallucinogens.
On motion of Senator Unger, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Kessler (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Stollings, Cookman and Nohe.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 4411, Allowing the disposal
of drill cuttings and associated drilling waste generated from well
sites in commercial solid waste facilities.
On motion of Senator Unger, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Kessler (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Snyder, Kirkendoll and Blair.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 6:35 p.m. today:
Eng. Com. Sub. for House Bill No. 4236, Sexual assault nurse
examination network.
The Clerk announced the following conference committee report
had been filed at 6:36 p.m. today:
Eng. House Bill No. 4619, Authorizing innovation school
districts.
At the request of Senator Unger, and by unanimous consent, the
Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 6, Regulating
sale of drug products used in manufacture of methamphetamine.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §60A-10-4, §60A-10-6 and §60A-10-7 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.
§60A-10-4. Purchase, receipt, acquisition and possession of
substances to be used as precursor to manufacture
of methamphetamine or another controlled
substance; offenses; exceptions; penalties.
(a) A pharmacy may not sell, transfer or dispense to the same
person, and a person may not purchase more than three and
six-tenths grams per day, more than seven and two-tenths grams in
a thirty-day period or more than
forty-eight twenty-four grams
annually of ephedrine, pseudoephedrine or phenylpropanolamine
without a prescription. The limits shall apply to the total amount
of ephedrine, pseudoephedrine and phenylpropanolamine contained in
the products, and not the overall weight of the products
unless the
product has been determined by the Board of Pharmacy to be in an
extraction- or conversion-resistant form: Provided, That a
pharmacist, pharmacy intern or pharmacy technician may refuse to
dispense a product containing ephedrine, pseudoephedrine or
phenylpropanolamine which is not extraction or conversion resistant
without a prescription to a person who is not known to the
pharmacist, pharmacy intern or pharmacy technician as a regular
customer of the pharmacy; or who has not had at least one prescription filled by the pharmacy within the past twelve months.
_____For the purposes of this article, "extraction or conversion
resistant" means a product containing ephedrine, pseudoephedrine or
phenylpropanolamine that because of its compounding, preparation,
mixture or ingredients has been found by the Board of Pharmacy to
pose a significantly reduced risk of being used in the manufacture
of methamphetamine.
(1) Any person who
or knowingly purchases, receives or
otherwise possesses more than seven and two-tenths grams in a
thirty-day period of ephedrine, pseudoephedrine or
phenylpropanolamine in any form without a prescription is guilty of
a misdemeanor and, upon conviction, shall be confined in a jail for
not more than one year, fined not more than $1,000, or both fined
and confined. within any thirty-day period knowingly purchases,
receives or otherwise possesses more than three packages of a drug
product containing as its single active ingredient ephedrine,
pseudoephedrine or phenylpropanolamine or more than nine grams of
ephedrine, pseudoephedrine or phenylpropanolamine in any form shall
be guilty of a misdemeanor and, upon conviction, shall be confined
in a jail for not more than one year, fined not more than $1,000,
or both.
(2)
Any person who knowingly purchases, receives or otherwise
possesses ephedrine, pseudoephedrine or phenylpropanolamine in any
form with the intent to transfer the substance to someone that the
person knows or should know will use the substance to manufacture
methamphetamine is guilty of a misdemeanor and, upon conviction, shall be confined in a jail for not more than one year, fined not
more than $1,000, or both fined and confined.
_____(3) A person is required to obtain a valid prescription prior
to obtaining products containing ephedrine, pseudoephedrine or
phenylpropanolamine if that person has been:
_____(A) Convicted of an offense which includes the use, possession
or distribution of a drug as an element of the offense; or
_____(B) Convicted of a violation of this section or an equivalent
statute in another jurisdiction.
_____(4) Any pharmacy, wholesaler or other entity operating the
retail establishment which sells, transfers or dispenses a product
in violation of this section is guilty of a misdemeanor and, upon
conviction, shall be fined not more than $1,000 for the first
offense, or more than $10,000 for each subsequent offense.
_____(5) Beginning on January 1, 2015, the electronic transmission
of the information required to be reported in this subsection of
this section on persons who have been convicted of an offense which
includes the use, possession or distribution of a drug as an
element of the offense; or convicted of a violation of this
section, or an equivalent statute in another jurisdiction, shall be
reported by the respective clerk of the circuit court where the
conviction occurred to the Multi-State Real-Time Tracking System
described in section six, article ten, chapter sixty of this code
and shall be made in real time at the time of the transaction.
(b) Notwithstanding the provisions of
subdivision (a)(1)
subsection (a) of this section, any person convicted of a second or subsequent violation of the provisions of said subdivision or a
statute or ordinance of the United States or another state which
contains the same essential elements is guilty of a felony and,
upon conviction, shall be imprisoned in a state correctional
facility for not less than one nor more than five years, fined not
more than $25,000, or both imprisoned and fined.
(c) The provisions of subsection (a) of this section shall not
apply to:
(1) Products dispensed pursuant to a valid prescription;
(2) Drug products which are for pediatric use primarily
intended for administration to children under the age of twelve;
(3) Drug products containing ephedrine, pseudoephedrine or
phenylpropanolamine, their salts or optical isomers or salts of
optical isomers or other designated precursor which have been
determined by the Board of Pharmacy to be in a form which is not
feasible for being used for the manufacture of methamphetamine; or
(4) Persons lawfully possessing drug products in their
capacities as distributors, wholesalers, manufacturers,
pharmacists, pharmacy interns, pharmacy technicians or health care
professionals.
(d) Notwithstanding any provision of this code to the
contrary, any person who knowingly possesses any amount of
ephedrine, pseudoephedrine, phenylpropanolamine or other designated
precursor with the intent to use it in the manufacture of
methamphetamine,
or any person who knowingly compensates, hires or
provides other incentives for another person to purchase, obtain or transfer any amount of ephedrine, pseudoephedrine,
phenylpropanolamine or other designated precursor with the intent
to use it in the manufacture of methamphetamine, or who knowingly
possesses a substance containing ephedrine, pseudoephedrine or
phenylpropanolamine or their salts, optical isomers or salts of
optical isomers in a state or form which is, or has been altered or
converted from the state or form in which these chemicals are, or
were, commercially distributed is guilty of a felony and, upon
conviction, shall be imprisoned in a state correctional facility
for not less than two nor more than ten years, fined not more than
$25,000, or both imprisoned and fined.
(e) (1) Any pharmacy, wholesaler, manufacturer or distributor
of drug products containing ephedrine, pseudoephedrine,
phenylpropanolamine, their salts or optical isomers or salts of
optical isomers or other designated precursor shall obtain a
registration annually from the State Board of Pharmacy as described
in section six of this article.
Any such pharmacy, wholesaler,
manufacturer or distributor shall keep complete records of all
sales and transactions as provided in section eight of this
article. The records shall be gathered and maintained pursuant to
legislative rule promulgated by the Board of Pharmacy.
(2) Any drug products possessed without a registration as
provided in this section are subject to forfeiture upon conviction
for a violation of this section.
(3) In addition to any administrative penalties provided by
law, any violation of this subsection is a misdemeanor, punishable upon conviction by a fine in an amount not more than $10,000.
(f) (1) Notwithstanding any provision of this code to the
contrary, a county commission may adopt an ordinance to provide
that a pharmacy, wholesaler or other entity operating a retail
establishment in the county may not sell, transfer or dispense
ephedrine, pseudoephedrine or phenylpropanolamine without a
prescription, unless the product has been determined by the Board
of Pharmacy to be in an extraction- or conversion-resistant form:
Provided, That the ordinance shall not take effect until thirty
days after it has been approved by a referendum on the ordinance
pursuant to subdivision (3) of this subsection.
_____(2) The ordinance:
_____(A) Shall provide that the provisions of subdivision (3),
subsection (a), section seven, article seven, chapter sixty-one of
this code are inapplicable to persons possessing ephedrine,
pseudoephedrine or phenylpropanolamine which has been lawfully
purchased in the jurisdiction of sale and which is possessed with
the intent that it be used in the manner and form intended by the
manufacturer;
_____(B) Shall provide that the ordinance does not apply to drug
products containing ephedrine, pseudoephedrine or
phenylpropanolamine which are for pediatric use primarily intended
for administration to children under the age of twelve; and
_____(C) May provide that any person in violation of the ordinance
is guilty of a misdemeanor and, upon conviction, may be fined not
more than $1,000 for the first offense or more than $10,000 for each subsequent offense.
_____(3) A county commission that adopts an ordinance pursuant to
this subsection shall conduct a referendum on the question of the
adoption of any ordinance pursuant to this section by entry of an
order providing that the ordinance not become effective until it is
ratified by a majority of the legal votes cast on the referendum by
the qualified voters of the county at any primary, general or
special election as the county commission directs.
_____(4) Nothing in this subsection requires a county commission to
adopt an ordinance authorized by this subsection.
§60A-10-6. Registration to sell, manufacture or distribute
products; rule-making authority.
The State Board of Pharmacy shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code to require that every
wholesaler, manufacturer or distributor of any drug product
containing as
their single an active ingredient ephedrine or
pseudoephedrine or a substance identified on the supplemental list
provided
for in section seven of this article shall obtain a
registration and permit issued by the State Board of Pharmacy to
sell, distribute or transfer the product containing as their single
active ingredient ephedrine, pseudoephedrine or
phenylpropanolamine.
§60A-10-7. Restricted products; rule-making authority.
(a)
On or before July 1, 2005, the The Board of Pharmacy shall
promulgate propose emergency and legislative rules pursuant to the provision of article three, chapter twenty-nine-a of this code to
implement a program wherein the Board of Pharmacy shall consult
with the Superintendent of the State Police in identifying drug
products which are a designated precursor, in addition to those
that contain ephedrine, pseudoephedrine or phenylpropanolamine,
that are commonly being used in the production and distribution of
methamphetamine. Those drug products which the Superintendent of
the State Police
have has demonstrated by empirical evidence are
commonly used in the manufacture of methamphetamine shall be added
to a supplemental list and
shall be subject to all of the
restrictions of this article.
These rules Rules established
pursuant to this section shall include:
(1) A process whereby pharmacies are made aware of all drug
products that contain
as an active ingredient, ephedrine,
pseudoephedrine and phenylpropanolamine that will be listed as a
Schedule V substance;
and must be sold, transferred or dispensed
from behind a pharmacy counter;
(2)
A process whereby pharmacies and retail establishments are
made aware of additional drug products added to Schedule V that are
required to be placed behind the pharmacy counter for sale,
transfer or distribution can be periodically reviewed and updated.
Wholesale drug distributors licensed by the Board of Pharmacy and
registered with, and regulated by, the United States Drug
Enforcement Administration are exempt from storage, reporting,
record-keeping or physical security control requirements for
controlled substances containing pseudoephedrine, ephedrine or phenylpropanolamine.
_____(b) At any time after July 1, 2005, the Board of Pharmacy,
upon the recommendation of the Superintendent of the State Police,
shall promulgate emergency and legislative rules pursuant to the
provision of article three, chapter twenty-nine-a of this code to
implement an updated supplemental list of products containing the
controlled substances ephedrine, pseudoephedrine or
phenylpropanolamine as an active ingredient or any other drug used
as a precursor in the manufacture of methamphetamine, which the
Superintendent of the State Police has demonstrated by empirical
evidence is being used in the manufacture of methamphetamine. This
listing process shall comport with the requirements of subsection
(a) of this section.
_____(3) A process whereby pharmacies are made aware of all drug
products that may be sold, transferred or dispensed over the
counter that contain less than eleven percent of ephedrine,
pseudoephedrine or phenylpropanolamine that can be used to
manufacture methamphetamine.
§60A-10-8. Reporting requirements; confidentiality.
(a) Until January 1, 2013, upon each sale, retail, transfer or
distribution of any drug product referred to in section seven of
this article or another designated precursor, the pharmacist,
pharmacy intern or pharmacy technician making the sale, transfer or
distribution shall report the following information for inclusion
in the central repository established and maintained by the Board
of Pharmacy:
(1) The date of the transaction;
(2) The name, address and driver's license or state-issued
identification number of the person; and
(3) The name, quantity of packages and total gram weight of
the product or products purchased, received or otherwise acquired.
(b) The information required to be reported by this section
shall be reported by paper log maintained at the point of sale:
Provided, That, beginning on January 1, 2007, reporting shall be by
electronic transmission to the Board of Pharmacy no more frequently
than once a week. Beginning on January 1, 2013, the electronic
transmission of the information required to be reported in
subsection (a) of this section shall be reported to the MSRTTS and
shall be made in real time at the time of the transaction.
(c) The information required by this section shall be the
property of the state. The information shall be disclosed as
appropriate to the federal Drug Enforcement Administration and to
state and local law-enforcement agencies. The information shall not
be accessed, used or shared for any purpose other than to ensure
compliance with this article and federal law. NADDI shall forward
state transaction records in the MSRTTS to the West Virginia State
Police weekly and provide real-time access to MSRTTS information
through the MSRTTS online portal to authorized agents of the
federal Drug Enforcement Administration and certified law
enforcement in this and other states for use in the detection of
violations of this article or of federal laws designed to prevent
the illegal use, production or distribution of methamphetamine. Records of clandestine labs found by law-enforcement agencies in
West Virginia shall be forwarded by the appropriate law-enforcement
agency as soon as is practicable to the National Clandestine
Laboratory Register, as maintained by the United States Department
of Justice.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 6--A Bill to
amend and reenact §60A-10-4, §60A-10-6 and §60A-10-7 of the Code of
West Virginia, 1931, as amended, all relating to the
Methamphetamine Lab Eradication Act; reducing the amount of
ephedrine, pseudoephedrine or phenylpropanolamine that may be sold,
transferred or dispensed without a prescription; creating criminal
offenses related to methamphetamine precursors and establishing
penalties therefor; requiring persons convicted of criminal
offenses involving the use, possession or distribution of illegal
drugs to have a valid prescription before ephedrine,
pseudoephedrine or phenylpropanolamine may be sold, transferred or
dispensed; requiring the reporting of information related to
convictions to the Multi-State Real Time Tracking System; creating
a new criminal offense for the compensation, hiring or providing of
incentives to another person to obtain ephedrine, pseudoephedrine
or phenylpropanolamine with the intent to manufacture
methamphetamine; removing record-keeping requirements related sales
and transaction by pharmacies, wholesalers and manufacturers; amending provisions of Board of Pharmacy's rule-making authority;
exempting wholesale drug distributors regulated by the United
States Drug Enforcement Administration from storage, reporting,
record-keeping and security requirements promulgated by the Board
of Pharmacy; and requiring the Board of Pharmacy to implement a
process to notifying pharmacies of drug products containing less
than eleven percent of ephedrine, pseudoephedrine or
phenylpropanolamine that may be sold over the counter.
On motion of Senator Unger, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. Com. Sub. for Com.
Sub. for S. B. No. 6) and requested the House of Delegates to
recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect July
1, 2014, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 306, Budget Bill.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the provisions of Engrossed Committee
Substitute for House Bill No. 4015.
On motion of Senator Unger, the Senate refused to concur in
the foregoing House amendment to the bill (Eng. Com. Sub. for S. B.
No. 306) and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 317, Relating
to municipal firearm laws.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 345, Expiring funds from
State Fund, General Revenue, and making supplementary
appropriations to MAPS.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page six, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That the balance of the funds available for expenditure in the
fiscal year ending June 30, 2014, to the Joint Expenses, fund 0175, fiscal year 2006, organization 2300, activity 642, be decreased by
expiring the amount of $10,000,000, and to the Joint Expenses, fund
0175, fiscal year 2007, organization 2300, activity 642, be
decreased by expiring the amount of $10,000,000, and to the Joint
Expenses, fund 0175, fiscal year 2008, organization 2300, activity
642, be decreased by expiring the amount of $2,293,000, and to the
Joint Expenses, Joint Expense Lottery Fund, fund 1736, fiscal year
2014, organization 2300, be decreased by expiring the amount of
$20,000,000, and to the Joint Expenses, Tax Reduction and Federal
Funding Increased Compliance, fund 1732, fiscal year 2014,
organization 2300, be decreased by expiring the amount of
$5,707,000, and to the Attorney General, Consumer Protection Fund,
fund 1509, fiscal year 2014, organization 1500, be decreased by
expiring the amount of $12,000,000, and to the Department of
Revenue, Insurance Commissioner, Insurance Commission Fund, fund
7152, fiscal year 2014, organization 0704, be decreased by expiring
the amount of $10,000,000, all to the unappropriated balance of the
State Fund, General Revenue, to be available during the fiscal year
ending June 30, 2014.
And, That the total appropriation for the fiscal year ending
June 30, 2014, to fund 0570, fiscal year 2014, organization 0621,
be supplemented and amended by decreasing existing items of
appropriation as follows:
TITLE II - APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
78-Division of Juvenile Services
(WV Code Chapter 49)
Fund 0570 FY 2014 Org 0621
General
Act- Revenue
ivity Fund
3Robert L. Shell Juvenile Center 267$ 50,653
10Kenneth Honey Rubenstein
11 Juvenile Center (R) 980 106,445
And, That the total appropriation for the fiscal year ending
June 30, 2014, to fund 0450, fiscal year 2014, organization 0608,
be supplemented and amended by adding a new item of appropriation
as follows:
TITLE II - APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF MILITARY AFFAIRS
AND PUBLIC SAFETY
74-Division of Corrections -
Correctional Units
(WV Code Chapters 25, 28, 49 and 62)
Fund 0450 FY 2014 Org 0608
General
Act- Revenue
ivity Fund
18aInvestigative Services 716$ 157,098
The purpose of this supplemental appropriation bill is to
supplement, amend, decrease, add a new item and expire items of
appropriation in the aforesaid accounts for the designated spending
units for expenditure during the fiscal year 2014.
;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 345--A Bill expiring funds
to the unappropriated balance in the State Fund, General Revenue,
for the fiscal year ending June 30, 2014, in the amount of
$10,000,000 from the Joint Expenses, fund 0175, fiscal year 2006,
organization 2300, activity 642, in the amount of $10,000,000 from
the Joint Expenses, fund 0175, fiscal year 2007, organization 2300,
activity 642, in the amount of $2,293,000 from the Joint Expenses,
fund 0175, fiscal year 2008, activity 642, in the amount of
$20,000,000 from Joint Expenses, Joint Expense Lottery Fund, fund
1736, fiscal year 2014, organization 2300, in the amount of
$5,707,000 from Joint Expenses, Tax Reduction and Federal Funding
Increased Compliance, fund 1732, fiscal year 2014, organization
2300, in the amount of $12,000,000 from the Attorney General,
Consumer Protection Fund, fund 1509, fiscal year 2014, organization
1500, and in the amount of $10,000,000 from the Department of
Revenue, Insurance Commissioner, Insurance Commission Fund, fund
7152, fiscal year 2014, organization 0704, and making a
supplementary appropriation of public moneys out of the Treasury
from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Military
Affairs and Public Safety, Division of Corrections - Correctional
Units, and to the Department of Military Affairs and Public Safety,
Division of Juvenile Services, by supplementing and amending the
appropriations for the fiscal year ending June 30, 2014.
On motion of Senator Unger, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. Com. Sub. for S.
B. No. 345) and requested the House of Delegates to recede
therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Com. Sub. for Senate Concurrent Resolution No. 50, Requesting
DOH name portion of State Rt. 20, Hinton, Summers County, "USMC
Sgt. Mecot E. Camara Memorial Highway".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Com. Sub. for Senate Concurrent Resolution No. 52, Requesting
DOH place signage along highways entering WV honoring fallen
veterans and Gold Star Families.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 60, Requesting DOH name
section of Rt. 1 in Marion County "USAF Sergeant Jerome E. Kiger
Memorial Road".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 3108, Relating to criminal
background checks on applicants for employment by nursing homes.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. House Bill No. 4006, Relating to the possession and
distribution of child pornography.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, to take effect
from passage, of
Eng. Com. Sub. for House Bill No. 4147, Relating to emergency
preparedness.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4156, Electronic Toll
Collection Act.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the appointment of a committee of
conference of three from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 4208, Banning synthetic hallucinogens.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Perdue, Poore and Ellington.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4217, Relating to Medicaid
reports to the Legislature.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. House Bill No. 4256, Amending the annual salary schedule
for members of the state police.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4268, Relating to the
administration of veterans' assistance.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4278, Rewriting the
procedure by which corporations may obtain authorization from the
West Virginia Board of Medicine to practice medicine and surgery.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4312, Creating a
certification for emergency medical technician-industrial.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 4318, Continuing education
of veterans mental health.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4410, Redefining auctioneer
exceptions.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4473, Relating to
establishing voting precincts and changing the composition of
standard receiving boards.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. House Bill No. 4549, Clarifying the regulation of
nonintoxicating beer brewers and distributors, agreements,
networks, products, brands and extensions of a line of brands.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4552, Relating to the court
of claims.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
adoption, as amended, of
Com. Sub. for House Concurrent Resolution No. 17, The "Captain
Isaac Alt West Virginia Militia Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
adoption, as amended, of
Com. Sub. for House Concurrent Resolution No. 28, William S.
(Bill) Croaff Memorial Bridge.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
adoption, as amended, of
Com. Sub. for House Concurrent Resolution No. 34, Marine
Private Rudy Varney Bridge - Purple Heart Recipient.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
adoption, as amended, of
House Concurrent Resolution No. 49, Army PFC Lilborn Dillon
Memorial Road.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the
adoption, as amended, of
House Concurrent Resolution No. 59, Urging the Governor to
direct the Bureau of Senior Services to issue a report on the needs
for in-home care.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
adoption, as amended, of
Com. Sub. for House Concurrent Resolution No. 60, Lester W.
"Cappy" Burnside, Jr. Bridge.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
adoption, as amended, of
Com. Sub. for House Concurrent Resolution No. 64, SSG Earl F.
(Fred) Brown Memorial Bridge
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
adoption, as amended, of
Com. Sub. for House Concurrent Resolution No. 65, Army SP4
Harold "Skip" Grouser Memorial Bridge.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
adoption, as amended, of
Com. Sub. for House Concurrent Resolution No. 66, Quentin H.
Wickline Memorial Bridge.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the
adoption, as amended, of
Com. Sub. for House Concurrent Resolution No. 71, Army Private
William C. Bias Memorial Bridge.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
adoption, as amended, of
House Concurrent Resolution No. 105, Urging Congress to pass
the Safe Freight Act.
On motion of Senator Unger, the Senate recessed until 7:15
p.m. tonight.
Night Session
Upon expiration of the recess, the Senate reconvened and again
proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 7:56 p.m. tonight:
Eng. Com. Sub. for Senate Bill No. 477, Providing teachers
determine use of time during planning period.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
that that body had refused to recede from its amendments, and
requested the appointment of a committee of conference of three
from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 6, Regulating sale of drug products used in manufacture of methamphetamine.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Manchin, Perdue and Shott.
On motion of Senator Unger, the Senate agreed to the
appointment of a conference committee on the bill.
Whereupon, Senator Kessler (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Tucker, Kirkendoll and Nohe.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 344, Expiring funds from
State Fund, General Revenue, and making supplemental appropriations
to various agencies.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page eleven, in the first Whereas clause, by striking out
the word "Governor" and inserting in lieu thereof the word
"Legislature";
On page eleven, in the first Whereas clause, after the words
"balances in the" by inserting the words "Joint Expenses, fund
0175, fiscal year 2008, organization 2300, activity 642,";
On page eighteen, in the Preamble, after the words "ending
June 30, 2014," by inserting the words "in the Joint Expenses, fund
0175, fiscal year 2008, organization 2300, activity 642, be
decreased by expiring the amount of $7,000,000, and";
On page twenty-five, in the Preamble, by striking out
"$1,250,000" and inserting in lieu thereof "$2,250,000";
On page twenty-eight, after line ten, by inserting the
following:
And, That the total appropriation for the fiscal year ending
June 30, 2014, to fund 0265, fiscal year 2014, organization 0310,
be supplemented and amended by adding a new item of appropriation
as follows:
TITLE II -- APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF COMMERCE
39-Division of Natural Resources -
(WV Code Chapter 20)
Fund 0265 FY 2014 Org 0310
General
Act- Revenue
ivity Fund
11a State Park Improvements -
Surplus (R) 763$ 1,000,000
Any unexpended balance remaining in the appropriation for
State Park Improvements - Surplus (fund 0265, activity 763) at the
close of fiscal year 2014 is hereby reappropriated for expenditure
during the fiscal year 2015.;
On page thirty-three, after line one hundred twelve, by
inserting the following:
And, That the total appropriation for the fiscal year ending
June 30, 2014, to fund 0420, fiscal year 2014, organization 0508,
be supplemented and amended by increasing an existing item of
appropriation as follows:
TITLE II -- APPROPRIATIONS.
Section 1. Appropriations from general revenue.
BUREAU OF SENIOR SERVICES
91-Bureau of Senior Services -
(WV Code Chapter 29)
Fund 0420 FY 2014 Org 0508
General
Act- Revenue
ivity Fund
1 Transfer to Division of Human
2Services for Health Care and
3Title XIX Waiver for
4Senior Citizens - Surplus (R) 762$ 7,000,000
Any unexpended balance remaining in the appropriation for
Transfer to Division of Human Services for Health Care and Title
XIX Waiver for Senior Citizens - Surplus (fund 0420, activity 762) at the close of fiscal year 2014 is hereby reappropriated for
expenditure during the fiscal year 2015.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 344--A Bill expiring funds
to the unappropriated surplus balance in the State Fund, General
Revenue, for the fiscal year ending June 30, 2014, in the amount of
$7,000,000 from the Joint Expenses, fund 0175, fiscal year 2008,
organization 2300, activity 642, in the amount of $409,167.60 from
the Department of Commerce, Division of Tourism, fund 0246, fiscal
year 2005, organization 0304, activity 859, and in the amount of
$261,246.01 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2004, organization 0307,
activity 075, and in the amount of $5,999.39 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year
2000, organization 0307, activity 131, and in the amount of
$58,527.20 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2001, organization 0307,
activity 131, and in the amount of $154,061.74 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2002, organization 0307, activity 131, and in the amount of
$257,617.06 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2003, organization 0307,
activity 131, and in the amount of $209,609.04 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal year 2004, organization 0307, activity 131, and in the amount of
$145,560.18 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2005, organization 0307,
activity 131, and in the amount of $131,792.70 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2006, organization 0307, activity 131, and in the amount of
$198,809.53 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2003, organization 0307,
activity 266, and in the amount of $65,804.47 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2004, organization 0307, activity 266, and in the amount of
$26,183.53 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2005, organization 0307,
activity 266, and in the amount of $250,000 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year
2006, organization 0307, activity 266, and in the amount of
$11,758.05 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2001, organization 0307,
activity 480, and in the amount of $62,039.15 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2002, organization 0307, activity 480, and in the amount of
$25,265 from the Department of Commerce, West Virginia Development
Office, fund 0256, fiscal year 2003, organization 0307, activity
480, and in the amount of $124,338.34 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year
2004, organization 0307, activity 480, and in the amount of $123,100 from the Department of Commerce, West Virginia Development
Office, fund 0256, fiscal year 2005, organization 0307, activity
480, and in the amount of $140,830.80 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year
2006, organization 0307, activity 480, and in the amount of
$47,113.16 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2001, organization 0307,
activity 819, and in the amount of $223,665.85 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2002, organization 0307, activity 819, and in the amount of
$44,007.60 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2003, organization 0307,
activity 819, and in the amount of $123,230.47 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2004, organization 0307, activity 819, and in the amount of
$742,930.92 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2005, organization 0307,
activity 819, and in the amount of $539,290.37 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2006, organization 0307, activity 819, and $334,180.67 from
the Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2002, organization 0307, activity 900, and in the
amount of $650,000 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2011, organization 0307,
activity 941, and in the amount of $461.83 from the Department of
Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2002, organization 0506, activity 803, and in the
amount of $10,489.51 from the Department of Health and Human
Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2003, organization 0506, activity 803, and in the amount of
$8,056.23 from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2004,
organization 0506, activity 803, and in the amount of $13,718.82
from the Department of Health and Human Resources, Consolidated
Medical Service Fund, fund 0525, fiscal year 2005, organization
0506, activity 803, and in the amount of $0.70 from the Department
of Health and Human Resources, Consolidated Medical Service Fund,
fund 0525, fiscal year 2006, organization 0506, activity 803, and
in the amount of $24,307.51 from the Department of Health and Human
Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2007, organization 0506, activity 803, and in the amount of
$6,600.22 from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2008,
organization 0506, activity 803, and in the amount of $76,423.45
from the Department of Health and Human Resources, Consolidated
Medical Service Fund, fund 0525, fiscal year 2009, organization
0506, activity 803, and in the amount of $211,730.74 from the
Department of Health and Human Resources, Consolidated Medical
Service Fund, fund 0525, fiscal year 2010, organization 0506,
activity 803, and in the amount of $150,334.97 from the Department
of Health and Human Resources, Consolidated Medical Service Fund,
fund 0525, fiscal year 2011, organization 0506, activity 803, and in the amount of $136,909.29 from the Department of Health and
Human Resources, Consolidated Medical Service Fund, fund 0525,
fiscal year 2012, organization 0506, activity 803, and in the
amount of $1,974.51 from the Department of Health and Human
Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2013, organization 0506, activity 803, and in the amount of
$15,640.96 from the Department of Military Affairs and Public
Safety, Office of the Secretary, fund 0430, fiscal year 2009,
organization 0601, activity 953, and in the amount of $240,051.69
from the Department of Military Affairs and Public Safety, Office
of the Secretary, fund 0430, fiscal year 2010, organization 0601,
activity 953, and in the amount of $215,075.18 from the Department
of Military Affairs and Public Safety, Office of the Secretary,
fund 0430, fiscal year 2011, organization 0601, activity 953, and
in the amount of $871,905.27 from the Department of Military
Affairs and Public Safety, Division of Juvenile Services, fund
0570, fiscal year 2012, organization 0621, activity 818, and in the
amount of $870,992.77 from the Department of Military Affairs and
Public Safety, Division of Juvenile Services, fund 0570, fiscal
year 2013, organization 0621, activity 818, and in the amount of
$2,250,000 from the Auditor's Office, Purchasing Card
Administration Fund, fund 1234, fiscal year 2014, organization
1200, and in the amount of $3,000,000 from the Secretary of State,
General Administrative Fees Account, fund 1617, fiscal year 2014,
organization 1600, and in the amount of $200,000 from the
Department of Administration, Office of the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal year 2014, organization
0201, and in the amount of $200,000 from the Department of
Administration, Division of General Services, Capitol Complex
Parking Garage Fund, fund 2461, fiscal year 2014, organization
0211, and in the amount of $4,737,257 from the Department of
Administration, Board of Risk and Insurance Management, Premium Tax
Savings Fund, fund 2367, fiscal year 2014, organization 0218, and
in the amount of $500,000 from the Department of Administration,
Surplus Property, Sale of State Surplus Property Fund, fund 2281,
fiscal year 2014, organization 0214, and in the amount of $500,000
from the Department of Administration, Division of Purchasing,
Purchasing Improvement Fund, fund 2264, fiscal year 2014,
organization 0213, and in the amount of $2,000,000 from the
Department of Administration, Division of Personnel, Division of
Personnel Fund, fund 2440, fiscal year 2014, organization 0222, and
in the amount of $45,607.91 from the Department of Military Affairs
and Public Safety, Office of the Secretary, Secretary of Military
Affairs and Public Safety Lottery Fund, fund 6005, fiscal year
2014, organization 0601, and in the amount of $200,000 from the
Department of Revenue, Division of Financial Institutions,
Assessment and Examination Fund, fund 3041, fiscal year 2014,
organization 0303, and in the amount of $724,487.42 from the
Department of Revenue, Lottery Commission, Revenue Center
Construction Fund, fund 7209, fiscal year 2014, organization 0705,
and in the amount of $7,500,000 from the Department of Revenue,
Lottery Commission, Operating and Expense Fund, fund 7200, fiscal year 2014, organization 0705, and in the amount of $2,008,911.50
from the Department of Revenue, Racing Commission, Administration,
Promotion, Education, Capital Improvement and Greyhound Adoption
Programs to include Spaying and Neutering Account, fund 7307,
fiscal year 2014, organization 0707, and making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the
State Fund, General Revenue
, to the Department of Administration,
Public Defender Services, fund 0226, fiscal year 2014, organization
0221, to the Department of Commerce, Division of Natural Resources,
fund 0265, fiscal year 2014, organization 0310, to the Department
of Health and Human Resources, Division of Health, Central Office,
fund 0407, fiscal year 2014, organization 0506, to the Department
of Health and Human Resources, Consolidated Medical Service Fund,
fund 0525, fiscal year 2014, organization 0506, to the Department
of Health and Human Resources, Division of Human Services, fund
0403, fiscal year 2014, organization 0511, to the Department of
Military Affairs and Public Safety, West Virginia Parole Board,
fund 0440, fiscal year 2014, organization 0605, to the Department
of Military Affairs and Public Safety, Division of Corrections -
Correctional Units, fund 0450, fiscal year 2014, organization 0608,
to the Bureau of Senior Services, fund 0420, fiscal year 2014,
organization 0508, and to the Higher Education Policy Commission,
Administration - Control Account, fund 0589, fiscal year 2014,
organization 0441, by supplementing and amending the appropriations
for the fiscal year ending June 30, 2014.
On motion of Senator Prezioso, the following amendments to the
House of Delegates amendments to the bill were reported by the
Clerk, considered simultaneously, and adopted:
On page eleven, in the first Whereas, after the words "account
balances in the" by striking out the words "Joint Expenses, fund
0175, fiscal year 2008, organization 2300, activity 642,";
On page eighteen, after the enacting clause after the words
"fiscal year ending June 30, 2014," by striking out the words "in
the Joint Expenses, fund 0175, fiscal year 2008, organization 2300,
activity 642, be decreased by expiring the amount of $7,000,000,
and";
On page thirty-three, after line one hundred twelve, by
striking out the following:
And, That the total appropriation for the fiscal year ending
June 30, 2014, to fund 0420, fiscal year 2014, organization 0508,
be supplemented and amended by increasing an existing item of
appropriation as follows:
TITLE II -- APPROPRIATIONS.
Section 1. Appropriations from general revenue.
BUREAU OF SENIOR SERVICES
91-Bureau of Senior Services -
(WV Code Chapter 29)
Fund 0420 FY 2014 Org 0508
General
Act- Revenue
ivity Fund
1 Transfer to Division of Human
2 Services for Health Care and
3 Title XIX Waiver for
4 Senior Citizens - Surplus (R) 762$ 7,000,000
Any unexpended balance remaining in the appropriation for
Transfer to Division of Human Services for Health Care and Title
XIX Waiver for Senior Citizens - Surplus (fund 0420, activity 762)
at the close of fiscal year 2014 is hereby reappropriated for
expenditure during the fiscal year 2015.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 344--A Bill expiring funds
to the unappropriated surplus balance in the State Fund, General
Revenue, for the fiscal year ending June 30, 2014, in the amount of
$409,167.60 from the Department of Commerce, Division of Tourism,
fund 0246, fiscal year 2005, organization 0304, activity 859, and
in the amount of $261,246.01 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2004,
organization 0307, activity 075, and in the amount of $5,999.39
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2000, organization 0307, activity 131, and
in the amount of $58,527.20 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2001,
organization 0307, activity 131, and in the amount of $154,061.74
from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 131, and
in the amount of $257,617.06 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2003,
organization 0307, activity 131, and in the amount of $209,609.04
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2004, organization 0307, activity 131, and
in the amount of $145,560.18 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2005,
organization 0307, activity 131, and in the amount of $131,792.70
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2006, organization 0307, activity 131, and
in the amount of $198,809.53 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2003,
organization 0307, activity 266, and in the amount of $65,804.47
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2004, organization 0307, activity 266, and
in the amount of $26,183.53 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2005,
organization 0307, activity 266, and in the amount of $250,000 from
the Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2006, organization 0307, activity 266, and in the
amount of $11,758.05 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2001, organization 0307,
activity 480, and in the amount of $62,039.15 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2002, organization 0307, activity 480, and in the amount of $25,265 from the Department of Commerce, West Virginia Development
Office, fund 0256, fiscal year 2003, organization 0307, activity
480, and in the amount of $124,338.34 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year
2004, organization 0307, activity 480, and in the amount of
$123,100 from the Department of Commerce, West Virginia Development
Office, fund 0256, fiscal year 2005, organization 0307, activity
480, and in the amount of $140,830.80 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year
2006, organization 0307, activity 480, and in the amount of
$47,113.16 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2001, organization 0307,
activity 819, and in the amount of $223,665.85 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2002, organization 0307, activity 819, and in the amount of
$44,007.60 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2003, organization 0307,
activity 819, and in the amount of $123,230.47 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2004, organization 0307, activity 819, and in the amount of
$742,930.92 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2005, organization 0307,
activity 819, and in the amount of $539,290.37 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2006, organization 0307, activity 819, and $334,180.67 from
the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2002, organization 0307, activity 900, and in the
amount of $650,000 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2011, organization 0307,
activity 941, and in the amount of $461.83 from the Department of
Health and Human Resources, Consolidated Medical Service Fund, fund
0525, fiscal year 2002, organization 0506, activity 803, and in the
amount of $10,489.51 from the Department of Health and Human
Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2003, organization 0506, activity 803, and in the amount of
$8,056.23 from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2004,
organization 0506, activity 803, and in the amount of $13,718.82
from the Department of Health and Human Resources, Consolidated
Medical Service Fund, fund 0525, fiscal year 2005, organization
0506, activity 803, and in the amount of $0.70 from the Department
of Health and Human Resources, Consolidated Medical Service Fund,
fund 0525, fiscal year 2006, organization 0506, activity 803, and
in the amount of $24,307.51 from the Department of Health and Human
Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2007, organization 0506, activity 803, and in the amount of
$6,600.22 from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2008,
organization 0506, activity 803, and in the amount of $76,423.45
from the Department of Health and Human Resources, Consolidated
Medical Service Fund, fund 0525, fiscal year 2009, organization
0506, activity 803, and in the amount of $211,730.74 from the Department of Health and Human Resources, Consolidated Medical
Service Fund, fund 0525, fiscal year 2010, organization 0506,
activity 803, and in the amount of $150,334.97 from the Department
of Health and Human Resources, Consolidated Medical Service Fund,
fund 0525, fiscal year 2011, organization 0506, activity 803, and
in the amount of $136,909.29 from the Department of Health and
Human Resources, Consolidated Medical Service Fund, fund 0525,
fiscal year 2012, organization 0506, activity 803, and in the
amount of $1,974.51 from the Department of Health and Human
Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2013, organization 0506, activity 803, and in the amount of
$15,640.96 from the Department of Military Affairs and Public
Safety, Office of the Secretary, fund 0430, fiscal year 2009,
organization 0601, activity 953, and in the amount of $240,051.69
from the Department of Military Affairs and Public Safety, Office
of the Secretary, fund 0430, fiscal year 2010, organization 0601,
activity 953, and in the amount of $215,075.18 from the Department
of Military Affairs and Public Safety, Office of the Secretary,
fund 0430, fiscal year 2011, organization 0601, activity 953, and
in the amount of $871,905.27 from the Department of Military
Affairs and Public Safety, Division of Juvenile Services, fund
0570, fiscal year 2012, organization 0621, activity 818, and in the
amount of $870,992.77 from the Department of Military Affairs and
Public Safety, Division of Juvenile Services, fund 0570, fiscal
year 2013, organization 0621, activity 818, and in the amount of
$2,250,000 from the Auditor's Office, Purchasing Card Administration Fund, fund 1234, fiscal year 2014, organization
1200, and in the amount of $3,000,000 from the Secretary of State,
General Administrative Fees Account, fund 1617, fiscal year 2014,
organization 1600, and in the amount of $200,000 from the
Department of Administration, Office of the Secretary, State
Employee Sick Leave Fund, fund 2045, fiscal year 2014, organization
0201, and in the amount of $200,000 from the Department of
Administration, Division of General Services, Capitol Complex
Parking Garage Fund, fund 2461, fiscal year 2014, organization
0211, and in the amount of $4,737,257 from the Department of
Administration, Board of Risk and Insurance Management, Premium Tax
Savings Fund, fund 2367, fiscal year 2014, organization 0218, and
in the amount of $500,000 from the Department of Administration,
Surplus Property, Sale of State Surplus Property Fund, fund 2281,
fiscal year 2014, organization 0214, and in the amount of $500,000
from the Department of Administration, Division of Purchasing,
Purchasing Improvement Fund, fund 2264, fiscal year 2014,
organization 0213, and in the amount of $2,000,000 from the
Department of Administration, Division of Personnel, Division of
Personnel Fund, fund 2440, fiscal year 2014, organization 0222, and
in the amount of $45,607.91 from the Department of Military Affairs
and Public Safety, Office of the Secretary, Secretary of Military
Affairs and Public Safety Lottery Fund, fund 6005, fiscal year
2014, organization 0601, and in the amount of $200,000 from the
Department of Revenue, Division of Financial Institutions,
Assessment and Examination Fund, fund 3041, fiscal year 2014, organization 0303, and in the amount of $724,487.42 from the
Department of Revenue, Lottery Commission, Revenue Center
Construction Fund, fund 7209, fiscal year 2014, organization 0705,
and in the amount of $7,500,000 from the Department of Revenue,
Lottery Commission, Operating and Expense Fund, fund 7200, fiscal
year 2014, organization 0705, and in the amount of $2,008,911.50
from the Department of Revenue, Racing Commission, Administration,
Promotion, Education, Capital Improvement and Greyhound Adoption
Programs to include Spaying and Neutering Account, fund 7307,
fiscal year 2014, organization 0707, and making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the
State Fund, General Revenue
, to the Department of Administration,
Public Defender Services, fund 0226, fiscal year 2014, organization
0221, to the Department of Commerce, Division of Natural Resources,
fund 0265, fiscal year 2014, organization 0310, to the Department
of Health and Human Resources, Division of Health, Central Office,
fund 0407, fiscal year 2014, organization 0506, to the Department
of Health and Human Resources, Consolidated Medical Service Fund,
fund 0525, fiscal year 2014, organization 0506, to the Department
of Health and Human Resources, Division of Human Services, fund
0403, fiscal year 2014, organization 0511, to the Department of
Military Affairs and Public Safety, West Virginia Parole Board,
fund 0440, fiscal year 2014, organization 0605, to the Department
of Military Affairs and Public Safety, Division of Corrections -
Correctional Units, fund 0450, fiscal year 2014, organization 0608, and to the Higher Education Policy Commission, Administration -
Control Account, fund 0589, fiscal year 2014, organization 0441, by
supplementing and amending the appropriations for the fiscal year
ending June 30, 2014.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Committee Substitute for Senate Bill No. 344, as
amended, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 344) passed with its Senate amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 344) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 419, Creating Overdose
Prevention Act.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 46. OVERDOSE PREVENTION ACT.
§16-46-1. Legislative findings.
The Legislature finds that good samaritan policies encourage
citizens to seek potentially life-saving medical assistance for
themselves or others without worry of disciplinary or punitive
action in cases of overdose by alcohol.
§16-46-2. Definitions.
As used in this article:
(1) "Overdose" means an acute condition including, but not
limited to, physical illness, coma, mania, hysteria or death, which
is caused, in whole or part, by the consumption or use of alcohol.
(2) "Medical assistance" means the professional services
provided to a person experiencing an overdose by a health care
professional licensed, registered or certified under chapter thirty
of this code or this chapter, acting within his or her lawful scope
of practice.
§16-46-3. Medical amnesty.
(a) A person who, in good faith and in a timely manner, seeks
medical assistance for someone or for himself or herself who
appears to be experiencing an overdose and complies with subsection
(b) of this section may not be cited, arrested or prosecuted for a
violation of section nine, article six, chapter sixty of this code.
(b) A person described in subsection (a) of this section, if
physically capable, shall:
(1) Provide his or her own full name if requested by emergency
medical assistance personnel;
(2) Provide any other relevant information requested by the
emergency medical assistance personnel that is known to such
person;
(3) Remain with the individual who reasonably appears to be in
need of medical assistance due to an overdose until professional
emergency medical assistance is provided; and
(4) Cooperates with emergency medical assistance personnel and law-enforcement officers.
(c) A person who acts pursuant to subsection (a) of this
section, and who otherwise qualifies for amnesty under said
subsection, may not be subject to any sanction for a violation of
a condition of pretrial release, probation, furlough or parole.
(d) A person to whom amnesty is granted pursuant to subsection
(a) of this section is thereafter barred from asserting such
amnesty with regard to subsequent actual or apparent overdose
incidents.
(e) The act of seeking medical assistance for or by someone
who appears to be experiencing an overdose shall be considered a
mitigating circumstance at sentencing for any other offense.
(f) The amnesty provisions of this section apply only to the
use and derivative use of evidence gained as a proximate result of
the person's seeking medical assistance for an overdose and do not
preclude prosecution of the person on the basis of evidence
obtained from an independent source.
(g) Except in cases of reckless or intentional misconduct, law
enforcement is immune from liability for citing or arresting a
person who is later determined to qualify for amnesty under this
section.
(h) No provision of this section shall operate to bar
prosecution or exclude evidence found in plain view by law
enforcement when such prosecution and evidence pertains to use or
possession of controlled substances, drug paraphernalia or related
items.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 419--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §16-46-1, §16-46-2 and §16-46-3, all relating
to creating the Overdose Prevention Act; stating legislative
findings; defining terms; providing amnesty for certain alcohol-
related misdemeanor offenses; providing conditions giving rise to
amnesty and the limitations thereon; and providing exceptions.
On motion of Senator Unger, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. Com. Sub. for S.
B. No. 419) and requested the House of Delegates to recede
therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 623, Requiring notification
of certain substance abuse screening of mine personnel.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 1A. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING;
ADMINISTRATION; SUBSTANCE ABUSE.
§22A-1A-1. Substance abuse screening; minimum requirements;
standards and procedures for screening.
(a) Every employer of certified persons, as defined in section
two, article one of this chapter, shall implement a substance abuse
screening policy and program that shall, at a minimum, include:
(1) A preemployment, ten-panel urine test for the following
and any other substances as set out in rules adopted by the Office
of Miners' Health, Safety and Training:
(A) Amphetamines;
(B) Cannabinoids/THC;
(C) Cocaine;
(D) Opiates;
(E) Phencyclidine (PCP);
(F) Benzodiazepines;
(G) Propoxyphene;
(H) Methadone;
(I) Barbiturates; and
(J) Synthetic narcotics.
Split samples shall be collected by providers who are
certified as complying with standards and procedures set out in the
United States Department of Transportation's rule, 49 CFR Part 40,
which may be amended, from time to time, by legislative rule of the Office of Miners' Health, Safety and Training. Collected samples
shall be tested by laboratories certified by the United States
Department of Health and Human Services, Substance Abuse and Mental
Health Services Administration (SAMHSA) for collection and testing.
Notwithstanding the provisions of this subdivision, the mine
operator may implement a more stringent substance abuse screening
policy and program;
(2) A random substance abuse testing program covering the
substances referenced in subdivision (1) of this subsection.
"Random testing" means that each person subject to testing has a
statistically equal chance of being selected for testing at random
and at unscheduled times. The selection of persons for random
testing shall be made by a scientifically valid method, such as a
random number table or a computer-based random number generator
that is matched with the persons' social security numbers, payroll
identification numbers or other comparable identifying numbers; and
(3) Review of the substance abuse screening program with all
persons required to be tested at the time of employment, upon a
change in the program and annually thereafter.
(b) For purposes of this subsection, preemployment testing
shall be required upon hiring by a new employer, rehiring by a
former employer following a termination of the employer/employee
relationship or transferring to a West Virginia mine from an
employer's out-of-state mine to the extent that any substance abuse
test required by the employer in the other jurisdiction does not
comply with the minimum standards for substance abuse testing required by this article. Furthermore, the provisions of this
section apply to all employers that employ certified persons who
work in mines, regardless of whether that employer is an operator,
contractor, subcontractor or otherwise.
(c)
The employer or his or her agent shall notify the director
at least quarterly, on a form prescribed by the director, of the
number of preemployment substance abuse screening tests
administered during the prior calendar quarter and the number of
positive test results associated with the substance abuse screening
tests administered.
(d) The employer or his or her agent shall notify the
director, on a form prescribed by the director, within seven days
following completion of an arbitration conducted pursuant to a
collective bargaining agreement applicable to the certified person,
if any, of discharging a certified person for violation of the
employer's substance abuse screening policy and program. The
notification shall be accompanied by a record of the test showing
positive results or other violation.
(1)
Every employer shall notify the director, on a form
prescribed by the director, within seven (7) days of any of the
following:
_____(A) A positive drug or alcohol test of a certified person,
whether it be a preemployment test, random test, reasonable
suspicion test or post-accident test;
_____(B) The refusal of a certified person to submit a sample;
_____(C) A certified person possessing a substituted sample or an adulterated sample; or
_____(D) A certified person submitting a substituted sample or an
adulterated sample.
_____(2) With respect to any certified person subject to a
collective bargaining agreement, the employer shall notify the
director, on a form prescribed by the director, within seven (7)
days of any of the following: Provided, That notification pursuant
to this subdivision shall not result in the immediate temporary
suspension, suspension or revocation of any certificate held by a
certified person who is subject to a collective bargaining
agreement unless and until the arbitration is concluded and the
discharge is upheld:
_____(A) A positive drug or alcohol test of a certified person,
whether it be a preemployment test, random test, reasonable
suspicion test or post-accident test;
_____(B) The refusal of a certified person to submit a sample;
_____(C) A certified person possessing a substituted sample or an
adulterated sample; or
_____(D) A certified person submitting a substituted sample or an
adulterated sample.
_____(3) When the employer submits the completed notification form
prescribed by the director, the employer shall also submit a copy
of the laboratory test results showing the substances tested for
and the results of the test.
_____(4) Notice shall result in the immediate temporary suspension
of all certificates held by the certified person who failed the screening, pending a hearing before the board of appeals pursuant
to section two of this article
: Provided, That notification
pursuant to this subsection shall not result in the immediate
temporary suspension of any certificate held by a certified person
who is subject to a collective bargaining agreement unless and
until the arbitration is concluded and the discharge is upheld, and
no certificate held by a certified person who is subject to a
collective bargaining agreement shall be suspended or revoked
unless the discharge is upheld in arbitration.
_____(e) (d) Suspension or revocation of a certified person's
certificate as a miner or other miner specialty in another
jurisdiction by the applicable regulatory or licensing authority
for substance abuse-related matters shall result in the director
immediately and temporarily suspending the certified person's West
Virginia certificate until such time as the certified person's
certification is reinstated in the other jurisdiction.
(f) (e) The provisions of this article shall not be construed
to preclude an employer from developing or maintaining a drug and
alcohol abuse policy, testing program or substance abuse program
that exceeds the minimum requirements set forth in this section.
The provisions of this article shall also not be construed to
require an employer to alter, amend, revise or otherwise change, in
any respect, a previously established substance abuse screening
policy and program that meets or exceeds the minimum requirements
set forth in this section. The provisions of this article shall
require an employer to subject its employees who as part of their employment are regularly present at a mine and who are employed in
a safety-sensitive position to preemployment and random substance
abuse tests:
Provided, That each employer shall retain the
discretion to establish the parameters of its substance abuse
screening policy and program so long as it meets the minimum
requirements of this article. For purposes of this section, a
"safety-sensitive position" means an employment position where the
employee's job responsibilities include duties and activities that
involve the personal safety of the employee or others working at a
mine.
On motion of Senator Kirkendoll, the following amendment to
the House of Delegates amendment to the bill was reported by the
Clerk and adopted:
On page five, section one, subsection (c), subdivision (4),
after the words "upheld in arbitration", by changing the period to
a colon and inserting the following proviso:
Provided, however,
That if the certified person terminates his or her employment or
voluntarily removes himself or herself from the grievance or
arbitration procedure, the certified person may be immediately
temporarily decertified pursuant to this article.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment, as amended.
Engrossed Committee Substitute for Senate Bill No. 623, as
amended, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 623) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 623) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report had been filed at 8:09 p.m. tonight:
Eng. Com. Sub. for House Bill No. 4208, Banning synthetic
hallucinogens.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the appointment of a committee of
conference of three from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 4411, Allowing the disposal
of drill cuttings and associated drilling waste generated from well
sites in commercial solid waste facilities.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Fleischauer, Ferro and Ireland.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. House Bill No. 4286, Captive Cervid Farming Act.
On motion of Senator Unger, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Kessler (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Williams, D. Hall and Sypolt.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Unger, the Senate recessed until 8:45
p.m. tonight.
Upon expiration of the recess, the Senate reconvened and again
proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 8:46 p.m. tonight:
Eng. Com. Sub. for House Bill No. 4298, Changing the
experience requirements of the composition of the members of the
West Virginia Ethics Commission.
On motion of Senator Unger, the Senate recessed for five
minutes for the purpose of holding a meeting of the Committee on
Rules at the rostrum.
Upon expiration of the recess, the Senate reconvened and
resumed business under the fifth order.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 8:59 p.m. tonight:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 6, Regulating
sale of drug products used in manufacture of methamphetamine.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 88, Relating to claims for total loss and
debris removal proceeds under farmers' mutual fire insurance
companies.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §33-22-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §38-10E-1 of said code be
amended and reenacted, all to read as follows:
CHAPTER 33. INSURANCE.
ARTICLE 22. FARMERS' MUTUAL FIRE INSURANCE COMPANIES.
§33-22-2. Applicability of other provisions.
Each company to the same extent that provisions are applicable
to domestic mutual insurers shall be governed by and be subject to
the following provisions of this chapter, but only to the extent
these provisions are not inconsistent with
the provisions of this
article: article one (definitions); article two (Insurance
Commissioner); article four (general provisions), except that
section sixteen
of said, article
four, may not be applicable
thereto; article seven (assets and liabilities); article eight-a
(use of clearing corporations and federal reserve book-entry system); article ten (rehabilitation and liquidation), except that
under
the provisions of section thirty-two
of said, article
ten,
assessments may not be levied against any former member of a
farmers' mutual fire insurance company who is no longer a member of
the company at the time the order to show cause was issued; article
eleven (unfair trade practices); article twelve (insurance
producers and solicitors), except that the agent's license fee
shall be $5; section six-a, article seventeen (notice of
noncoverage of flood damages and the availability of flood
insurance);
section nine-b, article seventeen (claims for total
loss; debris removal proceeds); article twenty-six (West Virginia
Insurance Guaranty Association Act); article twenty-seven
(insurance holding company systems); article thirty (mine
subsidence insurance), except that under
the provisions of section
six
of said, article
thirty, a farmers' mutual insurance company
shall have the option of offering mine subsidence coverage to all
of its policyholders, but may not be required to do so; article
thirty-three (annual audited financial report); article thirty-four
(administrative supervision);
article thirty-four-a (standards and
commissioner's authority for companies considered to be in
hazardous financial condition); article thirty-five (criminal
sanctions for failure to report impairment); article thirty-six
(business transacted with Producer-Controlled Property-Casualty
Insurer Act); article thirty-seven (managing general agents);
article thirty-nine (disclosure of material transactions); article
forty (risk-based capital for insurers); and article forty-one (Insurance Fraud Prevention Act).
CHAPTER 38. LIENS.
ARTICLE 10E. LIEN ON INSURANCE PROCEEDS FOR DEBRIS REMOVAL.
§38-10E-1. Debris removal; notice of insurance proceeds; lien of
municipality and county.
(a) (1) Notwithstanding any provision of this code to the
contrary, the receipt by an insurance company of a claim under a
fire insurance policy for a total loss to real property creates a
statutory lien on the insurance proceeds payable for such claim in
favor of the municipality in which the property is situate or, if
the property is located outside a municipality, the county in which
the property is situate, in an amount equal to the greater of: (A)
Five thousand dollars; or (B) ten percent of the policy limits for
loss to the real property, including any coverage for debris
removal:
Provided, That the amount of the lien may not exceed the
policy limits of coverage for the real property plus debris
removal, if any:
Provided, however, That the lien created by this
subsection does not apply to proceeds payable under the policy for
any losses other than those to the real property insured, including
loss of personal property and payments for temporary housing and
related living expenses
: Provided further, That the lien amount
imposed against proceeds payable under policies issued by farmers'
mutual fire insurance companies pursuant to article twenty-two,
chapter thirty-three of this code shall in no event exceed ten
percent of the policy limits for loss to the real property,
including any coverage for debris removal.
(2) The terms "municipality" and "treasurer" have the same
meanings ascribed to them in section two, article one, chapter
eight of this code.
(b) Within ten days of a determination by the insurer that a
covered claim constitutes a total loss, the insurance company shall
send certified letters to the insured and, as applicable, to the
treasurer of the municipality in which the property is situate or,
if the property is situate outside a municipality, to the sheriff
of the county in which the property is situate, stating any amount
claimed; the limits and conditions of coverage; the location of the
property; the terms and limits of coverage designated by the
insurance policy for securing, cleanup and removal, if any; any
time limitations imposed on the insured for securing, cleanup and
removal; and the policyholder's name and mailing address.
(c) (1) The lien created pursuant to subsection (a) of this
section shall be discharged unless the municipality or county,
whichever is applicable, within thirty days of the receipt of the
letter sent in accordance with subsection (b) of this section,
perfects and preserves such lien by filing a notice thereof with
the clerk of the county commission of the county in which such
property is situate:
Provided, That upon filing of a notice of
lien in accordance with this subdivision, the amount of the lien
created in subsection (a) of this section shall thereafter be for
the estimated cost of cleanup contained in such notice of lien,
subject to the limitation stated in subsection (a) of this section
with respect to policies issued by farmers' mutual insurance companies:
Provided, however, That the discharge of a lien based
on the municipality's or county's failure to file a notice pursuant
to this subdivision does not affect any other remedies the
municipality or county may have with respect to such property or
the liability of the property owner.
(2) A notice of lien filed in accordance with this subsection
shall include a statement of the estimated cost to the municipality
or county for the cleanup of the damaged property, removal of any
refuse, debris, remnants or remains of the building and
appurtenances, and securing the structure:
Provided, That such
estimated cost may not exceed the amount of the lien created
pursuant to subsection (a) of this section.
(3) A notice of lien filed in accordance with this section
shall be notarized and shall be sufficient if in form and effect as
follows:
Notice of Lien for Debris Removal
To (name of insurance company):
You will please take notice that the undersigned, on behalf of
the (municipality or county) (of County, if a municipality), West
Virginia, has estimated that the cost of removing debris and
otherwise cleaning up (a certain building, other structure or
improvement) on real estate known as (an adequate and ascertainable
description of the real estate) would be (estimated cleanup cost).
You are further notified that, in order to secure the payment
of
such sum the amount allowed by the provisions of subsection (a),
section one, article ten-e, chapter thirty-eight of the West Virginia Code, the undersigned, on behalf of the (municipality or
county) and pursuant to the provisions of section one, article
ten-e, chapter thirty-eight of the West Virginia Code, claims a
lien in such amount upon the interest of (policyholder's name) in
a fire insurance policy (the policy number or other identifying
information) issued by (the insurance company's name and address).
(Signature of treasurer or municipal officer exercising the
power and authority commonly exercised by a treasurer, or sheriff).
(Title)
(d) The clerk of the county commission shall, upon the filing
of such notice, index the same in a book in his or her office
called "Debris Removal Liens" as a lien against the insurance
proceeds in favor of the municipality or county and shall send a
copy of the notice to the insurer.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 88--A Bill to amend and reenact §33-22-2
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §38-10E-1 of said code, all relating to farmers' mutual
fire insurance companies; removing outdated language; clarifying
obligations and liability of farmers' mutual fire insurance
companies; imposing limited lien on proceeds under policies issued
by farmers' mutual fire insurance companies; providing for notice
of a total loss determination; and providing for perfection of
statutory lien and release under certain conditions.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 88, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, M. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler
(Mr. President)--32.
The nays were: Green and D. Hall--2.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 88) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Com. Sub. for Senate Bill No. 253, Clarifying code for
Community-Based Pilot Demonstration Project to Improve Outcomes for
At-Risk Youth.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page three, section two, line twenty-three, by striking out
the word "behavior" and inserting in lieu thereof the word
"behavioral";
On page four, section four, line fifteen, by striking out the
words "mental/behavior" and inserting in lieu thereof the words
"mental or behavioral";
On page five, section four, line thirty-two, after the words
"Increase in" by inserting the word "the";
On page five, section four, line thirty-four, after the word
"birth" by inserting the word "the";
On page six, section four, line forty-nine, after the words
"Increase in" by inserting the word "the";
On page six, section four, line fifty-one, after the words
"Increase in" by inserting the word "the";
On page six, section four, line fifty-two, by striking out the
word "job" and inserting in lieu thereof the words "the workforce";
And,
On page seven, section four, line sixty-two, after the words
"Increase in" by inserting the word "the".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 253, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, M. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler
(Mr. President)--32.
The nays were: Green and D. Hall--2.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 253) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 267, Ensuring state courts'
jurisdiction of fraudulent or unauthorized purchasing card use.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page one, by striking out everything after the enacting
section inserting in lieu thereof the following:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 9. SUPERVISION OF LOCAL GOVERNMENT OFFICES.
§6-9-2c. Fraudulent or unauthorized use of purchasing card
prohibited; penalties.
(a) It is unlawful for any person to use a local government
purchasing card, issued in accordance with the provisions of
section two-a of this article, to make any purchase of goods or
services in a manner which is contrary to the provisions of section
two-a of this article or the rules promulgated pursuant to that
section.
(b) It is unlawful for any person to knowingly or
intentionally possess with the intent to use a purchasing card
without authorization pursuant to section two-a of this article or
the rules promulgated pursuant to that section.
__(c) Any person who violates the provisions of this section is
guilty of a felony and, upon conviction thereof, shall be confined
in a state correctional facility not less than one year nor more
than five years, or fined no more than $5,000, or both fined and
imprisoned.
(d) A violation of this section may be prosecuted in the
county in which the card was issued, unlawfully obtained,
fraudulently used, used without authorization or where any
substantial or material element of the offense occurred.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-10b. Fraudulent or unauthorized use of purchasing card
prohibited; penalties.
It is unlawful for any person to use a state purchasing card, issued in accordance with the provisions of section ten-a of this
article, to make any purchase of goods or services in a manner
which is contrary to the provisions of section ten-a of this
article or the rules promulgated pursuant to that section.
(b) It is unlawful for any person to knowingly or
intentionally possess with the intent to use a purchasing card
without authorization pursuant to section ten-a of this article or
the rules promulgated pursuant to that section.
(c) Any person who violates the provisions of this section is
guilty of a felony and, upon conviction thereof, shall be
imprisoned in the penitentiary not less than one year nor more than
five years, or fined no more than $5,000, or both fined and
imprisoned.
(d) A violation of this section may be prosecuted in the
county in which the card was issued, unlawfully obtained,
fraudulently used, used without authorization or where any
substantial or material element of the offense occurred.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 267, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 267) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, without amendment, to take effect from
passage, and requested the concurrence of the Senate in the changed
effective date, of
Eng. Com. Sub. for Senate Bill No. 315, Clarifying use of
certain funds under Military Authority Act.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
On further motion of Senator Unger, the Senate concurred in
the changed effective date of the bill, that being to take effect
from passage, instead of ninety days from passage.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 315) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 350, Requiring Agriculture Commissioner
propose legislative rules for Rural Rehabilitation Loan Program.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page three, section eleven, lines twenty-seven and twenty-
eight, by striking out all of subdivision (8) and inserting in lieu
thereof a new subdivision, designated subdivision (8), to read as
follows:
(8) Transfer the servicing of the program loans to a financial
institution via competitive bid or to the State Treasurer's Office.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 350, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 350) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 350) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 353, Relating
to timber theft in state forests.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 353--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §19-1A-3b, relating to creating
the offense of timber theft from state forests; providing the
Division of Forestry authority to investigate and enforce timber
theft violations in state forests for research and investigative
purposes; directing the Division of Forestry to create and maintain
a central registry of information relating to timber theft from
state forests; and setting forth criminal and civil penalties.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 353, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 353) passed with its House of
Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 356, Relating
to purchasing reforms.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §5A-1-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding thereto a new section, designated §5A-1-10; that §5A-3-1, §5A-3-3,
§5A-3-4, §5A-3-5, §5A-3-11, §5A-3-17, §5A-3-28, §5A-3-30 and
§5A-3-31 of said code be amended and reenacted; that said code be
amended by adding thereto three new sections, designated §5A-3-10d,
§5A-3-10e and §5A-3-60; and that §12-3-10d of said code be amended
and reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 1. DEPARTMENT OF ADMINISTRATION.
§5A-1-1. Definitions.
For the purpose of this chapter:
(1) "Commodities" means supplies, material, equipment
contractual services, and any other articles or things used by or
furnished to a department, agency or institution of state
government.
(2) "Contractual services" means telephone, telegraph,
electric light and power, water and similar services.
(2) "Contract" means an agreement between a state spending
unit and a vendor relating to the procurement of commodities or
services, or both.
(3) "Debarment" means the exclusion of a vendor from the right
to bid on contracts to sell goods or supply services to the state
or its subdivisions for a specified period of time.
(4) "Director" means the director of the division referred to
in the heading of the article in which the word appears.
(5) "Electronic" means electrical, digital, magnetic, optical,
electromagnetic or any other similar technology.
(6) "Electronic transmission" or "electronically transmitted"
means any process of communication not directly involving the
physical transfer of paper that is suitable for the retention,
retrieval and reproduction of information by the recipient.
(7) "Expendable commodities" means those commodities which,
when used in the ordinary course of business, will become consumed
or of no market value within the period of one year or less.
(8) "Grant" means the furnishing of assistance, financial or
otherwise, to any person or entity to support a program authorized
by law.
_____(8) (9) "Nonprofit workshops" means an establishment: (A)
Where any manufacture or handiwork is carried on; (B) which is
operated either by a public agency or by a cooperative or by a
nonprofit private corporation or nonprofit association, in which no
part of the net earnings thereof inures, or may lawfully inure, to
the benefit of any private shareholder or individual; (C) which is
operated for the primary purpose of providing remunerative
employment to blind or severely disabled persons who cannot be
absorbed into the competitive labor market; and (D) which shall be
approved, as evidenced by a certificate of approval, by the State
Board of Vocational Education, Division of Vocational
Rehabilitation.
(9) (10) "Printing" means printing, binding, ruling,
lithographing, engraving and other similar services.
(11) "Procurement" means the buying, purchasing, renting,
leasing or otherwise obtaining of commodities or services.
_____(12) "Public funds" means funds of any character, including
federal moneys, belonging to or in the custody of any state
spending unit.
_____(10) (13) "Record" means information that is inscribed on a
read-only tangible medium or that is stored in an electronic or
other medium and is retrievable in perceivable form.
(11) (14) "Removable property" means any personal property not
permanently affixed to or forming a part of real estate.
(12) (15) "Request for quotations" means a solicitation for a
bid where cost is the primary factor in determining the award.
(13) (16) "Responsible bidder" means a vendor who has the
capability to fully perform the contract requirements and the
integrity and reliability which will assure good-faith performance.
(14) (17) "Responsive bidder" means a vendor who has submitted
a bid which conforms in all material respects to the bid
solicitation.
(15) (18) "Secretary" means the Secretary of Administration.
(19) "Services" means the furnishing of labor, time, expertise
or effort, not involving the delivery of a specific end commodity
or product other than one that may be incidental to the required
performance.
_____(16) (20) "Spending officer" means the executive head of a
spending unit, or a person designated by him or her.
(17) (21) "Spending unit" means a department,
bureau,
department, division, office, board commission, authority, agency
or institution of the state government for which an appropriation is requested
of the Governor, or to which an appropriation is made
by the Legislature,
unless a specific exemption from this chapter
is provided in this code.
(18) (22) "The state and its subdivisions" means the State of
West Virginia, every political subdivision thereof, every
administrative entity that includes such a subdivision, all
municipalities and all county boards of education.
(19) (23) "Vendor" means any person or entity that
is
registered with the purchasing division to may, through contract or
other means, supply the state or its subdivisions with commodities
or services, and lessors of real property.
§5A-1-10. General procurement provisions for state spending units.
(a) Unless this code specifically provides to the contrary,
all spending units, whenever possible, shall base purchases for
commodities and services on a competitive process and utilize
available statewide contracts.
(b) The secretary shall issue a notice to cease and desist to
any spending unit when the secretary has credible evidence that a
spending unit has failed, whenever possible, to purchase
commodities and services on a competitive basis or to use available
statewide contracts. Failure to abide by such notice may result in
penalties set forth in section seventeen, article three of this
chapter.
ARTICLE 3. PURCHASING DIVISION.
§5A-3-1. Division created; purpose; director; applicability of
article; continuation.
(a) The Purchasing Division within the Department of
Administration is continued.
for the purpose of establishing
centralized offices to provide purchasing, and travel services to
the various state agencies. The underlying purposes and policies
of the Purchasing Division are:
_____(1) To establish centralized offices to provide purchasing and
travel services to the various state agencies;
_____(2) To simplify, clarify and modernize the law governing
procurement by this state;
_____(3) To permit the continued development of procurement
policies and practices;
_____(4) To make as consistent as possible the procurement rules
and practices among the various spending units;
_____(5) To provide for increased public confidence in the
procedures followed in public procurement;
_____(6) To ensure the fair and equitable treatment of all persons
who deal with the procurement system of this state;
_____(7) To provide increased economy in procurement activities and
to maximize to the fullest extent practicable the purchasing value
of public funds;
_____(8) To foster effective broad-based competition within the
free enterprise system;
_____(9) To provide safeguards for the maintenance of a procurement
system of quality and integrity; and
_____(10) To obtain in a cost-effective and responsive manner the
commodities and services required by spending units in order for those spending units to better serve this state's businesses and
residents.
(b) The Director of the Purchasing Division shall, at the time
of appointment:
(1) Be a graduate of an accredited college or university; and
(2) Have spent a minimum of ten of the fifteen years
immediately preceding his or her appointment employed in an
executive capacity in purchasing for any unit of government or for
any business, commercial or industrial enterprise.
(c) The provisions of this article apply to all of the
spending units of state government, except as otherwise provided by
this article or by law.
(d) The provisions of this article do not apply to the
judicial branch, the legislative branch, to purchases of stock made
by the Alcohol Beverage Control Commissioner and to purchases of
textbooks for the State Board of Education.
_____(e) The provisions of this article apply to every expenditure
of public funds by a spending unit for commodities and services
irrespective of the source of the funds.
§5A-3-3. Powers and duties of Director of Purchasing.
The director, under the direction and supervision of the
secretary, shall be the executive officer of the Purchasing
Division and shall have the power and duty to:
(1) Direct the activities and employees of the Purchasing
Division;
(2) Ensure that the purchase of or contract for commodities
and services shall be based, whenever possible, on competitive bid;
(3)
Purchasing Purchase or contract for, in the name of the
state, the commodities,
services and printing required by the
spending units of the state government;
(4) Apply and enforce standard specifications established in
accordance with section five of this article as hereinafter
provided;
(5) Transfer to or between spending units or sell commodities
that are surplus, obsolete or unused as hereinafter provided;
(6) Have charge of central storerooms for the supply of
spending units, as the director deems advisable;
(7) Establish and maintain a laboratory for the testing of
commodities and make use of existing facilities in state
institutions for that purpose as hereinafter provided, as the
director deems advisable;
(8) Suspend the right and privilege of a vendor to bid on
state purchases when the director has evidence that such vendor has
violated any of the provisions of the purchasing law or the rules
and regulations of the director;
(9) Examine the provisions and terms of every contract entered
into for and on behalf of the State of West Virginia that impose
any obligation upon the state to pay any sums of money for
commodities or services and approve each such contract as to such
provisions and terms; and the duty of examination and approval
herein set forth does not supersede the responsibility and duty of
the Attorney General to approve such contracts as to form:
Provided, That the provisions of this subdivision do not apply in
any respect whatever to construction or repair contracts entered
into by the Division of Highways of the Department of
Transportation:
Provided, however, That the provisions of this
subdivision do not apply in any respect whatever to contracts
entered into by the University of West Virginia Board of Trustees
or by the Board of Directors of the State College System, except to
the extent that such boards request the facilities and services of
the director under the provisions of this subdivision;
and
(10) Assure that the specifications and
commodity descriptions
in all
"requests for quotations" solicitations are prepared so as
to
permit provide all potential suppliers-vendors who can meet the
requirements of the state an opportunity to bid and to assure that
the specifications and descriptions do not favor a particular brand
or vendor. If the director determines that any such specifications
or descriptions as written favor a particular brand or vendor or if
it is decided, either before or after the bids are opened, that a
commodity
or service having different specifications or quality or
in different quantity can be bought, the director may rewrite the
"requests for quotations" solicitation and the matter shall be
rebid;
and
_____(11) Issue a notice to cease and desist to a spending unit
when the director has credible evidence that a spending unit has
violated competitive bidding or other requirements established by
this article and the rules promulgated hereunder. Failure to abide
by such notice may result in penalties set forth in section seventeen of this article.
§5A-3-4. Rules of director.
(a) The director shall propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code to:
(1) Authorize a spending unit to purchase specified
commodities
and services directly and prescribe the manner in which
such purchases shall be made;
(2) Authorize, in writing, a spending unit to purchase
commodities
and services in the open market for immediate delivery
in emergencies,
defines define emergencies and prescribe the manner
in which such purchases shall be made and reported to the director;
(3) Prescribe the manner in which commodities
and services
shall be purchased, delivered, stored and distributed;
(4) Prescribe the time for making requisitions and estimates
of commodities
and services, the future period which they are to
cover, the form in which they shall be submitted and the manner of
their authentication;
(5) Prescribe the manner of inspecting all deliveries of
commodities, and making chemical and physical tests of samples
submitted with bids and samples of deliveries to determine
compliance with specifications;
(6) Prescribe the amount and type of deposit or bond to be
submitted with a bid or contract and the amount of deposit or bond
to be given for the faithful performance of a contract;
(7) Prescribe a system whereby the director shall be required, upon the payment by a vendor of an annual fee established by the
director, to give notice to such vendor of all bid solicitations
for commodities
and services of the type with respect to which such
vendor specified notice was to be given, but no such fee shall
exceed the cost of giving the notice to such vendor, nor shall such
fee exceed the sum of $125 per fiscal year nor shall such fee be
charged to persons seeking only reimbursement from a spending unit;
(8) Prescribe that each state contract entered into by the
Purchasing Division shall contain provisions for liquidated
damages, remedies or provisions for the determination of the amount
or amounts which the vendor shall owe as damages, in the event of
default under such contract by such vendor, as determined by the
director;
(9) Prescribe contract management procedures for all state
contracts except government construction contracts including, but
not limited to, those set forth in article twenty-two, chapter five
of this code;
(10) Prescribe procedures by which oversight is provided to
actively monitor spending unit purchases, including, but not
limited to, all technology and software commodities and
contractual
services exceeding $1 million, approval of change orders and final
acceptance by the spending units;
(11) Prescribe that each state contract entered into by the
Purchasing Division contain provisions for the cancellation of the
contract upon thirty days' notice to the vendor;
(12) Prescribe procedures for selling surplus commodities to the highest bidder by means of an internet auction site;
(13) Provide such other matters as may be necessary to give
effect to the foregoing rules and the provisions of this article;
and
(14) Prescribe procedures for encumbering purchase orders to
ensure that the proper account may be encumbered before sending
purchase orders to vendors.
(b) The director shall propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code to prescribe qualifications to be met by
any person who is to be employed in the Purchasing Division as a
state buyer. The rules must provide that a person may not be
employed as a state buyer unless he or she at the time of
employment either is:
(1) A graduate of an accredited college or university; or
(2) Has at least four years' experience in purchasing for any
unit of government or for any business, commercial or industrial
enterprise.
Persons serving as state buyers are subject to the provisions
of article six, chapter twenty-nine of this code.
§5A-3-5. Purchasing section standard specifications - Promulgation and
adoption by director; applicable to all purchases.
(a) The director shall promulgate and adopt standard
specifications based on scientific and technical data for
appropriate commodities
and services, which shall establish the
quality to which commodities to be purchased and services to be contracted for by the state must conform.
(b) Standard specifications shall apply to every future
purchase of or contract for the commodities
or services described
in the specifications and shall include information relating to the
cost of maintenance and expected life of the commodity if the
director determines there are nationally accepted industry
standards for the commodity.
(c) No purchases by any spending unit may be exempt from
compliance with the standard specifications so established, but the
director may exempt the purchase of particular items from the
standard specifications if it is considered necessary and
advisable.
(d) The director shall update the standard specifications, as
necessary.
§5A-3-10d. Reverse auctions.
(a) Notwithstanding any other provision of this code, the
director is hereby authorized to initiate reverse auctions to
procure commodities. The director may not use reverse auctions for
the procurement of services under any circumstances.
(b) Reverse auctions may be utilized if the director
determines their use would be fair, economical and in the best
interests of the state, and the commodities to be procured:
(1) Are subject to low price volatility;
(2) Have specifications that are common and not complex;
(3) Vary little between suppliers;
(4) Are sourced primarily based on price, with limited ancillary considerations;
(5) Require little collaboration from suppliers; and
(6) Are sold by a large, competitive supply base.
(c) For purposes of this section, "reverse auction" means a
process by which bidders compete to provide commodities in an open
and interactive market, including, but not limited to, the
internet. Reverse auction bids are opened and made public upon
receipt by the director, and then bidders are given the opportunity
to submit revised bids until the bidding process is complete. The
contract is awarded to the lowest responsible bidder.
(d) The director may contract with qualified,
industry-recognized third-party vendors to conduct reverse auctions
on behalf of the director.
(e) The director shall propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code to establish the procedures for
conducting reverse auctions. The rules shall include procedures
for contracting with qualified, industry-recognized third-party
vendors.
§5A-3-10e. Master contracts; direct ordering process.
(a) Subject to the limitations of this section, the director
may permit spending units to procure commodities directly from a
preapproved vendor through a master contract direct ordering
process if the director determines the process is fair, economical
and in the best interests of the state.
(b)
Definitions. -- For purposes of this section:
(1) "Information technology" means hardware and software
related to electronic processing and storage, retrieval,
transmittal and manipulation of data.
(2) "Master contract" means an agreement, having a term of no
more than one year, between the Purchasing Division and at least
two preapproved vendors authorizing a spending unit to purchase a
commodity directly and on a recurrent basis through the direct
ordering process.
(3) "Preapproved vendor" means a "vendor", as that term is
defined in section one, article one, chapter five-a of this code,
that has entered into a master contract with the Purchasing
Division and may participate in the direct ordering process subject
to the terms and conditions of the master contract.
(4) "Direct ordering process" means the competitive bidding
process whereby the preapproved vendors that are parties to a
master contract may submit sealed bids directly to spending units
to provide a commodity identified in the master contract subject to
the limitations set forth in this section.
(c)
Master contract procedures. --
(1) For each master contract, the director shall set forth the
requirements, technical or otherwise, under which a vendor may be
qualified to supply a commodity through the direct ordering
process. For each master contract, the director shall follow the
notice and advertising requirements set forth in section ten,
article three, chapter five-a of this code.
(2) A master contract may authorize the direct ordering process for only one type of commodity.
(3) A vendor may submit information to the director to
establish that it meets the requirements set forth in the master
contract.
(4) If the director determines that a vendor meets the
requirements set forth in the master contract, the vendor may enter
into the master contract as a preapproved vendor.
(d)
Direct ordering procedures. --
(1) A spending unit may commence the direct ordering process
by issuing a request for a commodity identified in the master
contract, stating in the request the quantity of the commodity to
be procured in that particular instance.
(2) The preapproved vendor that submits the lowest bid in
response to the request shall be awarded the procurement in that
particular instance.
(3) The direct ordering process may not be utilized for any
request for commodities, other than information technology,
anticipated to cost more than $50,000, unless approved in writing
by the Director of Purchasing. The state may not issue a series of
orders each anticipated to cost less than $50,000 to circumvent the
monetary limitation in this subsection.
(4) The direct ordering process may not be utilized for any
request for information technology anticipated to cost more than
$1,000,000, unless approved in writing by the Director of
Purchasing. The state may not issue a series of orders each
anticipated to cost less than $1,000,000 to circumvent the monetary limitation in this subsection.
(e)
Rule-making authority. -- The Director of the Purchasing
Division shall propose rules for legislative approval in accordance
with the provisions of article three, chapter twenty-nine-a of this
code, to implement this section, including, but not limited to,
provisions to establish procedures for the solicitation and
authorization of master contracts, preapproval of vendors and
implementation of direct ordering.
§5A-3-11. Purchasing in open market on competitive bids;
debarment; bids to be based on written
specifications; period for alteration or withdrawal
of bids; awards to lowest responsible bidder;
uniform bids; record of bids; requirements of
vendors to pay taxes, fees and debts; exception;
grant exemption.
(a) The director may make a purchase of commodities, printing
and services of $25,000 or less in amount in the open market, but
the purchase shall, wherever possible, be based on at least three
competitive bids and shall include the cost of maintenance and
expected life of the commodities if the director determines there
are nationally accepted industry standards for the commodities
being purchased.
(b) The director may authorize spending units to purchase
commodities, printing and services in the amount of $2,500 or less
in the open market without competitive bids:
Provided, That the
cost of maintenance and expected life of the commodities must be taken into consideration if the director determines there are
nationally accepted industry standards for the commodities being
purchased.
(c) Bids shall be based on the written specifications in the
advertised bid request and may not be altered or withdrawn after
the appointed hour for the opening of the bids.
(d) A vendor who has been debarred pursuant to the provisions
of sections
thirty-three-a thirty-three-b through thirty-three-f
article three, chapter five-a of this
code article may not bid on
or be awarded a contract under this section.
(e) All open market orders, purchases based on advertised bid
requests or contracts made by the director or by a state department
shall be awarded to the lowest responsible bidder or bidders,
taking into consideration the qualities of the commodities or
services to be supplied, their conformity with specifications,
their suitability to the requirements of the government, the
delivery terms and, if the director determines there are nationally
accepted industry standards, cost of maintenance and the expected
life of the commodities:
Provided, That state bids on school buses
shall be accepted from all bidders who shall then be awarded
contracts if they meet the state board's Minimum Standards for
Design and Equipment of School Buses. County boards of education
may select from those bidders who have been awarded contracts and
shall pay the difference between the state aid formula amount and
the actual cost of bus replacement. Any or all bids may be
rejected.
(f) If all bids received on a pending contract are for the
same unit price or total amount, the director has the authority to
reject all bids and to purchase the required commodities, printing
and services in the open market if the price paid in the open
market does not exceed the bid prices.
(g) The bid must be received by the Purchasing Division prior
to the specified date and time of the bid opening. The failure to
deliver or the nonreceipt of the bid by the Purchasing Division
prior to the appointed date and hour shall result in the rejection
of the bid. The vendor is solely responsible for the receipt of
bid by the Purchasing Division prior to the appointed date and hour
of the bid opening. All bids will be opened publicly by two or
more persons from the Purchasing Division. Vendors will be given
notice of the day, time and place of the public bid opening. Bids
may be viewed immediately after being opened.
(h) After the award of the order or contract, the director, or
someone appointed by him or her for that purpose, shall indicate
upon the successful bid that it was the successful bid.
Thereafter, the copy of each bid in the possession of the director
shall be maintained as a public record, shall be open to public
inspection in the office of the director and may not be destroyed
without the written consent of the Legislative Auditor.
_____(i) (1) A grant awarded by the state is exempt from the
competitive bidding requirements set forth in this chapter unless
the grant is used to procure commodities or services that directly
benefit a spending unit.
_____(2) If a grant awarded to the state requires the procurement
of commodities or services that will directly benefit a spending
unit, the procurement is not exempt from the competitive bidding
requirements set forth in this chapter.
_____(3) If a grant awarded to the state requires the state to
transfer some or all of the grant to an individual, entity or
vendor as a subgrant to accomplish a public purpose, and no
contract for commodities or services directly benefitting a
spending unit will result, the subgrant is not subject to the
competitive bidding requirements set forth in this chapter.
§5A-3-17. Purchases or contracts violating article void; personal
liability.
If a spending unit purchases or contracts for commodities
or
services contrary to the provisions of this article or the rules
and regulations made thereunder, such purchase or contract shall be
void and of no effect. The
head spending officer of such spending
unit,
or any other individual charged with responsibility for the
purchase or contract, shall be personally liable for the costs of
such purchase or contract, and, if already paid out of state funds,
the amount thereof may be recovered in the name of the state in an
appropriate action instituted therefor:
Provided, That the state
establishes by a preponderance of the evidence that the individual
acted knowingly and willfully.
§5A-3-28. Financial interest of secretary, etc.; receiving reward
from interested party; penalty; application of bribery
statute.
(a) Neither the secretary, nor the director nor any employee
of the Division of Purchasing, shall be financially interested, or
have any beneficial personal interest, directly or indirectly, in
the purchase of any commodities,
services or printing, nor in any
firm, partnership, corporation or association furnishing them.
Neither the secretary, nor the director nor any employee of the
Division of Purchasing, shall accept or receive directly or
indirectly from any person, firm or corporation, known by such
secretary, director or employee to be interested in any bid,
contract or purchase, by rebate, gift or otherwise, any money or
other thing of value whatsoever, or any promise, obligation or
contract for future reward or compensation.
(b) A person who violates this section shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be confined in
jail not less than three months nor more than one year, or fined
not less than $50 nor more than $1,000, or both, in the discretion
of the court:
Provided, That any person who violates any of the
provisions of the last sentence of the first paragraph of this
section under circumstances constituting the crime of bribery under
the provisions of section three, article five-a, chapter sixty-one
of this code, shall, upon conviction of bribery, be punished as
provided in said article.
§5A-3-30. Statement of purpose; obtaining money and property under
false pretenses or by fraud from the state;
penalties; definition.
(a) The Legislature of the State of West Virginia hereby declares that the purpose of this statute is to promote equal and
fair bidding for the purchase of commodities
and services by the
state
and any political subdivision of the state purchasing
commodities under any state contract, to eliminate fraud in the
procurement of commodities
and services by the state.
(b) It is unlawful for any person to obtain any
services,
money, goods or other property from the state
or any political
subdivision of the state under any contract made under the
provisions of this article, by false pretense, token or
representation, or by delivery of inferior commodities, with intent
to defraud. A person who violates this subsection is guilty of a
felony and, upon conviction thereof, shall be confined in a state
correctional facility for not less than one year nor more than five
years, and shall be fined not exceeding
$1,000 $10,000.
(c) It shall not be a defense to a charge under this section
that: (1) The commodities
or services purchased were accepted and
used, or are being used, by the state;
or a political subdivision
of the state; or (2) the commodities
or services are functional or
suitable for the purpose for which the commodities
or services were
purchased by the state
or a political subdivision of the state
notwithstanding the standard or specification issued by the
purchasing agency or the division of purchasing.
(d) For the purpose of this section, "inferior commodities"
includes, but shall not be limited to: (1) Any commodity which does
not meet the specification or standard issued by the purchasing
agency and the Division of Purchasing, or any change order approved by both the purchasing agency and Division of Purchasing; and (2)
any commodity which is of a lesser quality, quantity or measure of
any kind set forth within the specification or standard issued by
the purchasing agency and the Division of Purchasing.
§5A-3-31. Corrupt actions, combinations, collusions or
conspiracies prohibited; penalties.
(a) It shall be unlawful for any person to corruptly
act alone
or combine, collude or conspire with one or more other persons with
respect to the purchasing or supplying of
services, commodities or
printing to the state under the provisions of this article if the
purpose or effect of such
action, combination, collusion or
conspiracy is either to: (1) Lessen competition among prospective
vendors; or (2) cause the state to pay a higher price for such
services, commodities or printing than would be or would have been
paid in the absence of such
action, combination, collusion or
conspiracy; or (3) cause one prospective vendor or vendors to be
preferred over one or more other prospective vendor or vendors.
(b) Any person who violates any provision of this section
shall be is guilty of a felony and, upon conviction thereof, shall
be
confined imprisoned in
penitentiary a state correctional
facility not less than one nor more than five years, and be fined
not exceeding $10,000.
§5A-3-60. Annual purchasing training.
(a) All executive department secretaries, commissioners,
deputy commissioners, assistant commissioners, directors, deputy
directors, assistant directors, department heads, deputy department heads and assistant department heads are hereby required to take
two hours of training on purchasing procedures and purchasing cards
annually.
(b) The Director of the Purchasing Division and the Auditor
shall offer the two-hour training required by this section at least
two times per year and shall develop its substance in accordance
with the requirements of this article and other relevant provisions
of this code. The training shall be recorded by audio and visual
means and shall be made available to the individuals listed in
subsection (a) of this section in the event they are unable to
attend the training in person.
(c) All individuals listed in subsection (a) of this section
shall certify, in writing and on a form developed by the Director
of the Purchasing Division, the date, time, location and manner in
which they took the training. Completed forms shall be returned to
the director and maintained in his or her office.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.
§12-3-10d. Purchasing Card Fund created; expenditures.
(a) All moneys received by the state pursuant to any agreement
with vendors providing purchasing charge cards, and any interest or
other return earned on the money, shall be deposited in a special
revenue revolving fund, designated the Purchasing Card
Administration Fund, in the State Treasury to be administered by
the Auditor. The fund shall be used to pay all expenses incurred
by the Auditor in the implementation and operation of the Purchasing Card Program and may be used to pay expenses related to
the general operation of the Auditor's office. The Auditor also
may use the fund to pay expenses incurred by spending units
associated with the use of the card, including system and program
enhancements, and inspection and monitoring of compliance with all
applicable rules and procedures. Expenditures from the fund shall
be made in accordance with appropriations by the Legislature
pursuant to the provisions of article three, chapter twelve of this
code and upon fulfillment of the provisions of article two, chapter
five-a of this code.
(b) Within three days of receiving rebate moneys resulting
from state spending unit purchasing card purchases, the Auditor
shall transfer fifteen and one-half percent of such rebate moneys
to the Purchasing Improvement Fund created pursuant to section
fifty-eight, article three, chapter five-a of this code.
(c) Within three days of receiving rebate moneys resulting
from state spending unit purchasing card purchases, the Auditor
shall transfer
fifteen and one-half ten percent of such rebate
moneys to the Hatfield-McCoy Regional Recreation Authority,
ten
percent of such moneys to the State Park Operating Fund.
;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 356--A Bill
to amend and reenact §5A-1-1 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section, designated §5A-1-10; to amend and reenact §5A-3-1, §5A-3-3,
§5A-3-4, §5A-3-5, §5A-3-11, §5A-3-17, §5A-3-28, §5A-3-30 and
§5A-3-31 of said code; to amend said code by adding thereto three
new sections, designated §5A-3-10d, §5A-3-10e and §5A-3-60; and to
amend and reenact §12-3-10d of said code, all relating generally to
purchasing; revising definitions; eliminating definitions; defining
terms; requiring state spending units purchase commodities and
services on a competitive basis where possible; authorizing the
Secretary of the Department of Administration to issue a notice to
cease and desist when purchases are not made on a competitive
basis; clarifying the purposes and policies of the Purchasing
Division; clarifying the applicability of the article; clarifying
that procurements must include adequate specifications and
descriptions; clarifying the powers and duties of the Director of
Purchasing; authorizing the Director of Purchasing to issue a
notice to cease and desist when purchases are not made on a
competitive basis; ensuring the purchasing requirements apply to
services and commodities; authorizing reverse auctions for
purchasing commodities; permitting third-party vendors to
administer reverse auctions; affording the Director of the
Purchasing Division rule-making authority to implement reverse
auctions; authorizing master contracts and the direct order process
for the direct procurement of certain commodities; defining
additional terms; requiring approval of the Director of the
Purchasing Division for master contracts; setting forth direct
order requirements and procedures; authorizing direct order of commodities in certain amounts; permitting direct order of certain
commodities in excess of statutory amount with the written approval
of the Director of Purchasing; affording the Director of the
Purchasing Division rule-making authority to establish procedures
regarding master contracts, preapproval, the direct ordering
process and related matters; clarifying circumstances in which
grants are exempt from competitive bidding requirements; imposing
personal liability upon spending officers and other responsible
individuals who have knowingly and willfully violated competitive
bidding requirements; creating felony offense for acting alone to
undermine competition; requiring certain executive department
officials to attend annual training on purchasing procedures;
adjusting the percentage rebate moneys transferred to the
Purchasing Improvement Fund; adjusting the percentage of rebate
moneys transferred to the Hatfield-McCoy Regional Recreation
Authority; transferring ten percent of rebate moneys to the State
Park Operating Fund; and making technical corrections.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 356, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 356) passed with its House of
Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 359, Removing hand canvassing
requirements of electronic voting machines.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-28. Post-election custody and inspection of vote-recording
devices and electronic poll books; canvass and recounts.
(a) The vote-recording devices, electronic poll books,
tabulating programs and standard validation test ballots are to
remain sealed during the canvass of the returns of the election,
except that the equipment may be opened for the canvass and must be
resealed immediately thereafter. During the seven-day period after
the completion of the canvass, any candidate or the local chair of
a political party may be permitted to examine any of the sealed
materials:
Provided, That a notice of the time and place of the
examination shall be posted at the central counting center before
and on the hour of nine o'clock in the morning on the day the
examination is to occur and all persons entitled to be present at
the central counting center may, at their option, be present. Upon
completion of the canvass and after the seven-day period has
expired, the vote-recording devices, test results and standard
validation test ballots are to be sealed for one year:
Provided,
however, That the vote-recording devices, electronic poll books and
all tabulating equipment may be released for use in any other
lawful election to be held more than ten days after the canvass is
completed and any of the electronic voting equipment or electronic
poll books discussed in this section may be released for inspection
or review by a request of a circuit court or the Supreme Court of
Appeals.
(b) In canvassing the returns of the election, the board of
canvassers shall examine, as required by subsection (d) of this
section, all of the vote-recording devices, electronic poll books, the automatic tabulating equipment used in the election and those
voter-verified paper ballots generated by direct recording
electronic vote machines, shall determine the number of votes cast
for each candidate and for and against each question and, by this
examination, shall procure the correct returns and ascertain the
true results of the election. Any candidate or his or her party
representative may be present at the examination.
(c) If any qualified individual demands a recount of the votes
cast at an election, the voter-verified paper ballot shall be used
according to the same rules that are used in the original vote
count pursuant to section twenty-seven of this article. For
purposes of this subsection, "qualified individual" means a person
who is a candidate for office on the ballot or a voter affected by
an issue, other than an individual's candidacy, on the ballot.
(d) During the canvass and any requested recount, at least
five three percent of the precincts are to be chosen at random and
the voter-verified paper ballots are to be counted manually.
Whenever the vote total obtained from the manual count of the
voter-verified paper ballots for all votes cast in a randomly
selected precinct:
(1) Differs by more than one percent from the automated vote
tabulation equipment; or
(2) Results in a different prevailing candidate or outcome,
either passage or defeat, of one or more ballot issues in the
randomly selected precincts for any contest or ballot issue, then
the discrepancies shall immediately be disclosed to the public and all of the voter-verified paper ballots shall be manually counted.
In every case where there is a difference between the vote totals
obtained from the automated vote tabulation equipment and the
corresponding vote totals obtained from the manual count of the
voter-verified paper ballots, the manual count of the voter-
verified paper ballots is the vote of record.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 359--A Bill to amend and reenact §3-4A-28
of the Code of West Virginia, 1931, as amended, relating to the
post-election canvassing of votes involving electronic voting
systems; and reducing the number of precincts to be chosen at
random for a manual count.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 359, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 359) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 359) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 365, Excepting certain
Ethics Act provisions for elected conservation district
supervisors.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §19-21A-4a, to read as
follows:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-4a. Administration of West Virginia Conservation Agency
programs; legislative rules.
(a) If an elected conservation district supervisor applies or
intends to apply to participate in a West Virginia Conservation
Agency program, then all applications for that particular program
in that particular district shall be evaluated and approved by a
conservation district other than the one being supervised by the
elected conservation district supervisor.
(b) The State Conservation Committee shall propose rules for
legislative approval, pursuant to article three, chapter twenty-
nine-a of this code, to establish:
(1) The criteria, ranking and standards required for an
applicant to qualify to participate in West Virginia Conservation
Agency programs;
(2) A process to disclose the recipients of the award; and
(3) The process for an unsuccessful qualified applicant to
appeal an award.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 365--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §19-21A-4a, relating to administration of West
Virginia Conservation Agency programs; providing that elected
conservation district supervisors have their applications to
participate in West Virginia Conservation Agency programs evaluated
and considered by other conservation districts; and requiring the
State Conservation Committee to propose rules for legislative
approval.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 365, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 365) passed with its House of Delegates
amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 365) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 380, Redefining "all-terrain and utility
terrain vehicles".
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
Eng. Senate Bill No. 380--A Bill to amend and reenact §17A-1-1
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §17A-6-1 of said code, all relating to off-road vehicles;
and updating statutory definitions to reflect new categories of
vehicles and standard accessories.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 380, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 380) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments, as amended
by the House of Delegates, adoption as amended, and requested the
concurrence of the Senate in the House of Delegates amendments to the Senate amendments, as to
Eng. House Joint Resolution No. 108, Nonprofit Youth
Organization Tax Exemption Support Amendment.
On motion of Senator Unger, the message on the resolution was
taken up for immediate consideration.
The following House of Delegates amendments to the Senate
amendments to the resolution were reported by the Clerk:
On page one, section twelve, after the words "nonprofit
organization's" by striking out the words "primary purpose or" and
inserting in lieu thereof the words "nonprofit purpose";
On page two, section twelve, after the word "follows:" by
striking out the remainder of the amendment and inserting in lieu
thereof the following:
To amend the State Constitution to exempt from property tax
certain properties in this state owned by nonprofit youth
organizations and built at a cost of at least $100 million whether
or not the property is used for the nonprofit youth organization's
charitable or nonprofit purpose to help raise funds for the benefit
of the nonprofit youth organization. If approved, the Legislature
would be required to enact laws that would protect local and
regional businesses from unfair competition and unreasonable loss
of revenue caused by the nonprofit organization use of the tax
exemption.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. House Joint Resolution No. 108--Proposing an amendment to
the Constitution of the State of West Virginia, amending article X
thereof, by adding thereto a new section, designated section
twelve, relating to exempting property owned by certain nonprofit
youth organizations from taxation whether or not said property is
used by the nonprofit organization for its nonprofit purpose;
conditioning tax exemption on enactment of certain legislation;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
On motion of Senator Unger, the Senate concurred in the
foregoing House of Delegates amendments to the Senate amendments to
the resolution.
Engrossed House Joint Resolution No. 108, as amended, was then
put upon its adoption.
On the adoption of the resolution, the yeas were: Barnes,
Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman,
Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the resolution
(Eng. H. J. R. No. 108) adopted as follows:
Eng. House Joint Resolution No. 108--Proposing an amendment to the Constitution of the State of West Virginia, amending article X
thereof, by adding thereto a new section, designated section
twelve, relating to exempting certain nonprofit youth organizations
which have facilities within this state which cost in excess of
$100,000,000 from ad valorem property taxation on property owned by
the organization whether or not said property is leased or used to
support the organization; conditioning tax exemption on enactment
of legislation to which shall include protecting interests of
entities in the region where the facility is located; numbering and
designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the state at the next general election to be held in
the year 2014, which proposed amendment is that article X thereof
be amended by adding thereto a new section, designated section
twelve, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§12. Nonprofit youth organization revenue exemption.
Notwithstanding any provision of this Constitution to the
contrary, real property in this state which is owned by a nonprofit
organization that has as its primary purpose the development of
youth through adventure, educational or recreational activities for
young people and others, which property contains facilities built at a cost of not less than $100 million and which property is
capable of supporting additional activities within the region and
the State of West Virginia is exempt from ad valorem property
taxation whether or not such property is used for the nonprofit
organization's nonprofit purpose to generate revenue for the
benefit of the nonprofit organization subject to any requirements,
limitations and conditions as may be prescribed by general law:
Provided, That the tax exemption authorized by the provisions of
this section shall not become effective until the Legislature
adopts enabling legislation authorizing the exemption's
implementation and concurrently prescribing requirements,
limitations and conditions for the use of the tax exempt facility
that protect local and regionally located businesses from use of
the tax exempt facility in a manner that causes unfair competition
and unreasonable loss of revenue to those businesses.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Nonprofit Youth Organization Tax
Exemption Support Amendment" and the purpose of the proposed
amendment is summarized as follows: "To amend the State
Constitution to exempt from property tax certain properties in this
state owned by nonprofit youth organizations and built at cost of
at least $100 million whether or not the property is used for the
nonprofit youth organization's charitable or nonprofit purpose to
help raise funds for the benefit of the nonprofit youth organization. If approved, the Legislature would be required
businesses from unfair competition and unreasonable loss of revenue
caused by the nonprofit organization use of the tax exemption."
________
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Following a point of inquiry to the President, with resultant
response thereto,
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 307, Authorizing community
corrections programs to operate pretrial release program.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §51-10-1, §51-10-2, §51-10-3, §51-10-4, §51-10-5,
§51-10-6, §51-10-7, §51-10-8, §51-10-9 and §51-10-10 of the Code of
West Virginia, 1931, as amended, be amended and reenacted; that
said code be amended by adding thereto a new section, designated
§51-10-5a; that §62-11C-5 and §62-11C-7 of said code be amended and
reenacted; and that said code be amended by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and
§62-11F-5, all to read as follows:
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 10. BAIL BONDSMEN IN CRIMINAL CASES.
§51-10-1. Definitions.
When used in this article, these words and terms mean the
following:
(1) "Bonding business" means the business of becoming surety
for compensation upon bonds in criminal cases.
(2) "Bail bondsman" means any person engaged in the bonding
business that has satisfied the requirements for being a property
and casualty insurance producer as set forth by the Insurance
Commission.
(3) "Insurer" means any domestic, foreign or alien surety
company which has been qualified generally to transact surety
business.
(4) "Self insurer" means any person engaged in the bonding
business as a bail bondsman who pledges his or her own property as
collateral for the bonds on which they serve as surety for
compensation.
§51-10-2. Business impressed with public interest.
The business of becoming surety for compensation upon bonds in
criminal cases
in the State of West Virginia is
impressed with a
public interest.
§51-10-3. Procuring business through official or attorney for
consideration prohibited.
(a) It shall be unlawful for any person engaged, either as
principal or as the clerk, agent or representative of a
corporation, or another person in the
bonding business
of becoming
surety upon bonds for compensation in the State of West Virginia,
either directly or indirectly, to give, donate, lend, contribute or
to promise to give, donate,
loan, lend or contribute any money,
property, entertainment or other thing of value
whatsoever to any
attorney at law, police officer, sheriff, deputy sheriff,
constable, jailer, probation officer, clerk or other attache of a
criminal court or public official
of any character, for procuring
or assisting in procuring any person to employ
said the bondsman to
execute as surety any bond for compensation in any criminal case.
in the State of West Virginia; and
(b) It shall be unlawful for any attorney at law, police
officer, sheriff, deputy sheriff,
constable, jailer, probation
officer, clerk, bailiff or other attache of a criminal court or
public official
of any character, to accept or receive from any
such person engaged in the bonding business any money, property,
entertainment or other thing of value
whatsoever for procuring or
assisting in procuring any person to employ any bondsman to execute
as surety any bond for compensation in any criminal case.
in the
State of West Virginia.
§51-10-4. Attorneys procuring employment through official or
bondsman for consideration prohibited.
It
shall be is unlawful for any attorney at law, either
directly or indirectly, to give, loan, donate, contribute or to promise to give, loan, donate or contribute any money, property,
entertainment or other thing of value
whatsoever to, or to split or
divide any fee or commission with, any bondsman, police officer,
sheriff, deputy sheriff,
constable, probation officer, assistant
probation officer, bailiff, clerk or other attache of any criminal
court for causing or procuring or assisting in causing or procuring
any person to employ
such the attorney to represent him in any
criminal case in the State of West Virginia.
§51-10-5. Receiving other than regular fee for bonding prohibited;
bondsman prohibited from endeavoring to secure dismissal or
settlement.
(a) It
shall be is lawful to charge for executing any bond in
a criminal case.
in the State of West Virginia, and
(b) It
shall be is unlawful for any person or corporation
engaged in the bonding business, either as principal or clerk,
agent or representative of another, either directly or indirectly,
to charge, accept or receive any sum of money, or other thing of
value, other than the bonding fee from any person for whom he has
executed bond, for any other service whatever performed in
connection with any indictment or charge, upon which
said the
person is bailed
or held in the State of West Virginia, or in any
counties where the court has regulated bonding fees pursuant to
section
eight nine of this article.
(c) It
shall be is unlawful for any person or corporation
engaged in the bonding business, either as principal, clerk, agent
or representative of another, either directly or indirectly, to charge, accept, or receive any sum of money or other thing of value
other than the duly authorized maximum bonding fee, from any person
for whom he
or she has executed bond, for any other service
whatever performed in connection with any indictment or charge upon
which
said the person is bailed or held in
the State of West
Virginia.
(d) It
also shall be is unlawful for any person or corporation
engaged either as principal or as agent, clerk or representative of
another in the bonding business, to settle, or attempt to settle or
to procure or attempt to procure the dismissal of any indictment,
information or charge against any person in custody or held upon
bond in
the State of West Virginia, with any court, or with the
prosecuting attorney or with any police officer in any court.
in
the State of West Virginia.
§51-10-5a. Fees and collateral security required by bondsmen.
(a) The fee required by bail bondsmen shall be at least ten
percent of the amount of the bond. Fees (including personal
property, real property, indemnity agreement and guarantee)
received by such licensee shall not, in the aggregate, exceed the
amount of the bond.
At the discretion of the bail bondsman, the fee may be paid as
follows:
(1) A minimum of a three percent down payment shall be
required at the issuance of bond;
(2) The remaining percentage shall be paid over a period not
to exceed twelve months;
(b) When collateral or security is received by a bail bondsman
a receipt shall be furnished to the defendant. Copies of all
receipts issued shall be kept by the bail bondsman. All receipts
issued shall:
(1) Be prenumbered by the printer and used and filed in
consecutive numerical order;
(2) Show the name and address of the bail bondsman;
(3) Show the amount of collateral and date received;
(4) Show the name of the person accepting collateral; and
(5) Show the total amount of the bond for which the collateral
is being accepted and the name of the defendant.
(c) When a bail bond is to be forfeited, the court is to give
notification to the bail bondsman within twenty-four hours of
failure to appear.
§51-10-6. Posting names of authorized bondsmen; list to be
furnished prisoners; prisoner may communicate with bondsman;
record to be kept by police.
(a) A typewritten or printed list alphabetically arranged An
alphabetical list of all persons engaged
under the authority of any
courts of record pursuant to section eight of this article, in the
bail bonding business and licensed by the Insurance Commission
of
becoming surety on the bonds for compensation shall be posted in a
conspicuous place in each police precinct, jail, prisoner's dock,
house of detention, municipal court and
justice of the peace court
within the county, magistrate court.
and one or more copies thereof
kept on hand; and Copies of such list shall be kept on hand by the person in charge of the office.
_(b) When any person who is detained in custody in any such
place of detention shall request any person in charge thereof to
furnish him the name of a bondsman, or to put him in communication
with a bondsman, said list shall be furnished to the person so
requesting, When any person is detained in custody in any place of
detention requests bail bondsman information, the alphabetical list
shall be furnished to the person. The person in charge of the
place of detention shall within a reasonable time to put the person
so detained in communication with the bondsman so selected by the
person in detention.
_(c) and it shall be the duty of the The person in charge of
said the place of detention
within a reasonable time to put the
person so detained in communication with the bondsman so selected,
and the person in charge of said place of detention shall
contemporaneously with
said the transaction make in the blotter or
book of record kept in
any such the place of detention, a record
showing the name of the person requesting the bondsman, the offense
with which
the said person is charged, the time at which the
request was made, the bondsman requested and the person by whom the
said bondsman was called, and preserve the same as a permanent
record in the book or blotter in which entered.
(d) The person in charge or any other employee, contractor,
agent, assign or staff member of the place of detention shall not
make any recommendation, direct or indirect, to the person in
detention regarding a preference for a bondsman.
§51-10-7. Bondsman prohibited from entering place of detention
unless requested by prisoner; record of visit to be kept.
(a) It
shall be is unlawful for any bondsman, agent, clerk or
representative of any bondsman to enter a police precinct, jail,
prisoner's dock, house of detention,
justice of the peace court,
magistrate court or other place where persons in the custody of the
law are detained:
in the State of West Virginia,
(1) For the purpose of obtaining employment as a bondsman;
(2) Without having been previously called by a person so
detained, or by some relative or other authorized person acting for
or on behalf of the person so detained;
and whenever
(b) When any person engaged in the bonding business as
principal, or as clerk or representative of another,
shall enter
enters a police precinct, jail, prisoner's dock, house of
detention,
justice of the peace court, magistrate court or other
place where persons in the custody of the law are detained,
in the
State of West Virginia, he
or she shall
forthwith immediately give
to the person in charge
thereof his
mission there, or her purpose,
the name of the person calling him
or her, and requesting him
or
her to come,
to such place, and the same shall be recorded by the
person in charge of
the said place of detention and preserved as a
public record.
and
(c) The failure Failure to
give such provide the information,
or the failure of the person in charge of
said the place of
detention to make and preserve
such a record, shall constitute a
violation of this article.
§51-10-8. Qualifications of bondsmen; rules to be prescribed by
Supreme Court of Appeals; lists of agents to be furnished;
renewal of authority to act; false swearing.
(a) The
Supreme Court of Appeals commissioner shall
, under
reasonable rules, specify promulgate legislative rules as he or she
considers necessary to carry out the intent, the administration and
enforcement of this article, which rules shall be promulgated in
accordance with article three, chapter twenty-nine-a of this code.
(b) The rules shall provide for the qualifications of persons
and corporations applying for authority to engage in the bonding
business in criminal cases
in the State of West Virginia, and the
terms and conditions upon which the business may be carried on.
After September 1, 2004, no person or corporation may, either
as principal, or as agent, clerk, or representative of another,
engage in the bonding business in any court regularly exercising
criminal jurisdiction until qualified pursuant to the rules. The
Supreme Court of Appeals,
(c) The commissioner, in making the rules, and in granting
authority to persons
to engage engaged in the bonding business,
shall take into consideration both the financial responsibility and
the moral qualities of the person so applying, and no person may be
permitted to engage, either as principal or agent, in the business
of becoming surety upon bonds for compensation in criminal cases,
who has ever been convicted of any offense involving moral
turpitude, or who is not known to be a person of good moral
character.
(d) That the applicant shall provide a qualifying power of
attorney from an insurer or delivers a mortgage or lien on real
property or negotiable instruments, upon which he or she may
provide bail bonds equivalent to two times the amount of such
collateral. Such limitations shall not apply where a qualified
power of attorney is provided by a regulated insurer or surety
company.
_(e) That the applicant shall provide a criminal background
check summary which displays the moral qualities of the person so
applying._
_(f) The
court commission shall require every person qualifying
to engage in the bonding business as principal:
(1) To file with the court a list showing the name, age and
residence of each person employed by the bondsman as agent, clerk
or representative in the bonding business and require an affidavit
from each of the persons stating that the person will abide by the
terms and provisions of this article.
(g) The
court commission shall require
the authority of each
of the persons to be renewed from time to time at periods the court
may by rule provide. Before the authority may be renewed the court
shall require from each of the persons person authorized as a bail
bondsman to renew every three years and file:
_(1) An affidavit
stating that since his or her previous
qualifications to engage in the bonding business he or she has
abided by the provisions of this article, and any person swearing
falsely in any of the affidavits is guilty of false swearing;
and
_(2) No person seeking to renew his or her qualifications shall
be required to submit to the property and casualty licensing
procedures for a second time unless he or she has voluntarily
terminated his or her qualifications.
_(h) A person operating as a self-insured producer shall
provide a monthly report indicating:
_(1) The total number of bail bonds provided in the preceding
month; and
_(2) The value of those bonds and the total amount of
outstanding collateral remaining upon which bonds may be secured.
If the total value of bonds exceeds two times the value of the
collateral, the bondsman shall cease operating until the following
quarter when he or she provides a report to the commission
indicating unencumbered collateral exists to secure the bonds
provided by him or her.
_(i) The commission shall furnish an alphabetical list of all
approved bail bondsmen to the each place of detention.
_(j) After September 1, 2014, no persons may, either as
principal or as agent, clerk or representative of another, engage
in the bonding business in any court regularly exercising criminal
jurisdiction until qualified pursuant to the rules.
_(b) Persons authorized to engage in the bonding business in
criminal cases in the State of West Virginia on the effective date
of the amendments made to this section during the regular session
of the Legislature in 2004 may continue to engage in the business
until September 1, 2004.
§51-10-9. Penalties.
Any person violating any provisions of this article other than
in the commission of false swearing shall be punished by a fine of
not more than
$100, $2,000, or by imprisonment not exceeding six
months in the county jail, or both, where no other penalty is
provided by this article; and if the person so convicted
be is a
police officer or other public official, he
or she shall upon
recommendation of the judge
of the criminal court of record of the
county to which this article is applicable also be
forthwith
removed from office; if a bondsman, or the agent, clerk, or
representative of a bondsman, he
or she shall be disqualified from
thereafter engaging in any manner in the bonding business
for such
a period of time as the judge of the criminal court of record of
the county to which this article is applicable shall order; and, if
an attorney at law, shall be subject to suspension or disbarment.
as attorney at law.
§51-10-10. Enforcement of article.
It shall be the duty of the judges of the criminal courts of
record, the municipal courts and magistrates where a person
authorized to engage in the bail bonding business conducts his or
her business to see that this article is enforced, and upon the
impaneling of each grand jury, it shall be the duty of the judge
impaneling said jury to give it in charge to the jury to
investigate the manner in which this article is enforced and all
violations thereof. If an individual is found in violation of the
terms of this article and sentenced pursuant to section ten, then the clerk of the court shall send a copy of the order of conviction
to the commission which shall terminate the license of the
sentenced individual.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§62-11C-5. Establishment of programs.
(a) Any county or combination of counties or a county or
counties and a Class I or II municipality may establish and operate
community corrections programs, as provided
for in this section, to
be used both prior to trial as a condition of bond in circuit and
magistrate court, as well as an alternative sentencing option for
those offenders sentenced within the jurisdiction of the county or
counties which establish and operate the program:
Provided, That
the chief judge must certify that the community corrections
facility is available for use in connection with the imposition of
pretrial bond conditions.
(b) Any county or combination of counties or a county or
counties and a Class I or II municipality that seek to establish
programs as authorized in this section shall submit plans and
specifications for the programs to be established, including
proposed budgets, for review and approval by the community
corrections subcommittee established in section three of this
article.
(c) Any county or combination of counties or a county or
counties and a Class I or II municipality may establish and operate
an approved community corrections program to provide alternative sanctioning options for an offender who is convicted of an offense
for which he or she may be sentenced to a period of incarceration
in a county or regional jail or a state correctional facility and
for which probation or home incarceration may be imposed as an
alternative to incarceration.
(d) Community corrections programs authorized by subsection
(a) of this section may provide, but are not limited to providing,
any of the following services:
(1) Probation supervision programs;
(2)
Day fine programs;
(3) Community service restitution programs;
(4) (3) Home incarceration programs;
(5) (4) Substance abuse treatment programs;
(6) (5) Sex offender containment programs;
(7) (6) Licensed domestic violence offender treatment
programs;
(8) (7) Day reporting centers;
(9) (8) Educational or counseling programs;
(10) (9) Drug courts;
or
(11) (10) Community beautification and reclamation programs
for state highways, municipal, county and state parks and
recreation areas and community gardens;
and
_(11) Pretrial release programs.
(e) A county or combination of counties or a county or
counties and a Class I or II municipality which establish and
operate community corrections programs as provided
for in this section may contract with other counties to provide community
corrections services.
(f) For purposes of this section, the phrase "may be sentenced
to a period of incarceration" means that the statute defining the
offense provides for a period of incarceration as a possible
penalty.
(g) No provision of this article may be construed to allow a
person participating in or under the supervision of a community
corrections program to earn good time or any other reduction in
sentence.
(h) Nothing in this section should be construed as to prohibit
a court from imposing a surety bond as a condition of a pretrial
release.
§62-11C-7. Supervision or participation fee.
(a) A circuit judge, magistrate, municipal court judge or
community criminal justice board may require the payment of a
supervision or participation fee from any person required to be
supervised by or participate in a community corrections program.
The circuit judge, magistrate, municipal court judge or community
criminal justice board shall consider the person's ability to pay
in determining the imposition and amount of the fee.
_(b) A circuit judge, magistrate or community criminal justice
board may require payment of a supervision or participation fee of
$7 per person per day of pretrial supervision from the county
commission pursuant to a pretrial release program established
pursuant to article eleven-f of this chapter.
_(c) A person supervised pursuant to the provisions of article
eleven-f of this chapter who is later convicted of an offense or
offenses underlying the person's participation in the pretrial
release program, may be assessed by the sentencing court, as a cost
of prosecution, a fee not to exceed $30 per month for each month
the person was in the pretrial supervision program.
_(b) (d) All fees ordered by the circuit court, magistrate
court, municipal court or community criminal justice board pursuant
to this section are to be paid to the community criminal justice
board, who shall remit the fees monthly to the treasurer of the
county designated as the fiscal agent for the board pursuant to
section six of this article.
ARTICLE 11F. PRETRIAL RELEASE PROGRAMS.
§62-11F-1. Applicability.
This article applies to adult charged with one or more
misdemeanors or felonies and who are incarcerated in a regional
jail prior to adjudication due to his or her inability to post
bond.
§62-11F-2. Establishment of pretrial release programs.
(a)
Legislative findings and purpose: It is the purpose of
pretrial release programs to employ recommendations from the
Council of State Government's Justice Center's Analyses and Policy
Options to Reduce Spending on Corrections and Reinvest in
Strategies to Increase Public Safety by providing for uniform
statewide risk assessment and monitoring of those released prior to
trial, facilitating a statewide response to the problem of overcrowded regional jails and costs to county commissions.
(b) Any county, circuit or combination thereof that
establishes a pretrial program pursuant to this article shall
establish a local community pretrial committee that consists of:
(1) A prosecutor or his or her designee;
(2) A county commissioner, or his or her designee;
(3) A sheriff, or his or her designee;
(4) An executive director of a community corrections program,
or his or her designee;
(5) A chief probation officer, or his or her designee; and
(6) A member of the criminal defense bar.
(c) Pretrial release programs may monitor, supervise and
assist defendants released prior to trial.
(d) Nothing in this article should be construed to prohibit a
court from requiring a defendant to post a secured bond as a
condition of pretrial release.
(e) In addition to funding provided pursuant to subsection
(c), section three, pretrial release programs may be funded by
appropriations made to the Supreme Court of Appeals for such
purpose.
§62-11F-3. Pretrial release program guidelines.
(a) The Supreme Court of Appeals has complete oversight and
authority over all pretrial services.
(b) The Supreme Court of Appeals shall establish recommended
guidelines for pretrial programs to use when ordering pretrial
release for defendants whose pretrial risk assessment indicate that they are an appropriate candidate for pretrial release.
(c) The Community Corrections Subcommittee of the Governor's
Committee on Crime, Delinquency and Correction, pursuant to section
two, article eleven-c, chapter sixty-two of this code, shall
approve policy and funding for the development, maintenance and
evaluation of pretrial release programs. Any county, circuit or
combination thereof that establishes a pretrial program intended to
provide pretrial release services shall submit a grant proposal to
the Community Corrections Subcommittee of the Governor's Committee
on Crime, Delinquency and Correction for review and approval.
§62-11F-4. Pretrial release assessment.
The Supreme Court of Appeals of West Virginia may adopt a
standardized pretrial risk assessment for use by pretrial release
programs to aid in making pretrial decisions under article one-c of
this chapter.
§62-11F-5. Role of pretrial release programs.
(a) A pretrial release program established pursuant to this
article, shall:
(1) Collect and present the necessary information, present
risk assessment and make release recommendations to the court;
(2) Present information to the court relating to the risk
defendants may pose in failing to appear in court or of threatening
the safety of the community or any other person and, consistent
with court policy, develop release recommendations responding to
risk;
(3) Develop and provide appropriate and effective supervision for all persons released pending adjudication who are assigned
supervision as a condition of release;
(4) Monitor compliance of released defendants with the
requirements of assigned release conditions;
(5) Promptly inform the court of all apparent violations of
pretrial release conditions or arrests of persons released pending
trial, including those directly supervised by pretrial services as
well as those released under other forms of conditional release,
and recommend appropriate modifications of release conditions;
(6) Coordinate the services of other agencies, individuals or
organizations that may serve as custodians for released defendants,
and advise the court as to their appropriateness, availability,
reliability and capacity relating to pretrial release conditions;
(7) Review the status of detained defendants on ongoing basis
for any changes in eligibility for release options and facilitate
their release as soon as feasible and appropriate;
(8) Develop and operate an accurate information management
system to support prompt identification, information collections
and presentation, risk assessment, release conditions selection,
compliance monitoring and detention review functions essential to
an effective pretrial release program; and
(9) Remind persons released before trial of their court dates
to attempt to facilitate their court appearance.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 307--A Bill to amend and
reenact §51-10-1, §51-10-2, §51-10-3, §51-10-4, §51-10-5, §51-10-6,
§51-10-7, §51-10-8, §51-10-9 and §51-10-10 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new section, designated §51-10-5a; to amend and reenact §62-11C-5
and §62-11C-7 of said code; and to amend said code by adding
thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3,
§62-11F-4 and §62-11F-5, all relating to the disposition of persons
charged with committing a crime; regulating bail bondsmen in
criminal cases; prohibiting certain conduct by bail bondsmen;
regulating fees charged by bail bondsmen; requiring the posting of
the names of licensed bail bondsmen; authorizing the Commissioner
of the West Virginia Insurance Commission to regulate bail
bondsmen; authorizing the Insurance Commissioner to proposed
legislative rules; updating penalties for violations; requiring
judges and magistrates to enforce the provisions of law related to
the regulation of bail bondsmen; authorizing pretrial release
programs; permitting certain fees to be assessed to county
commissions; permitting certain fees to be assessed to persons on
pretrial release upon subsequent conviction; stating applicability
of pretrial release programs; establishing guidelines for pretrial
release programs; providing for potential funding sources;
requiring community pretrial committees to recommend release of
certain persons facing criminal charges who are in regional jails
prior to adjudication; setting forth the duties of pretrial release
programs; clarifying that a circuit judge or a magistrate may impose a secured bond on participants in pretrial release programs;
and removing "day fine programs" from the list of authorized
community corrections programs.
On motion of Senator Unger, the following amendments to the
House of Delegates amendments to the bill (Eng. Com. Sub. for Com.
Sub. for S. B. No. 307)were reported by the Clerk, considered
simultaneously, and adopted:
On page twelve, section eight, subsection (j), by striking out
"2014" and inserting in lieu thereof "2015";
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 307--A Bill to amend and
reenact §51-10-1, §51-10-2, §51-10-3, §51-10-4, §51-10-5, §51-10-6,
§51-10-7, §51-10-8, §51-10-9 and §51-10-10 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new section, designated §51-10-5a; to amend and reenact §62-11C-5
and §62-11C-7 of said code; and to amend said code by adding
thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3,
§62-11F-4 and §62-11F-5, all relating to the disposition of persons
charged with committing a crime; regulating bail bondsmen in
criminal cases; prohibiting certain conduct by bail bondsmen;
regulating fees charged by bail bondsmen; requiring the posting of
the names of licensed bail bondsmen; authorizing the Commissioner
of the West Virginia Insurance Commission to regulate bail
bondsmen; authorizing the Insurance Commissioner to proposed legislative rules; updating penalties for violations; establishing
an internal effective date for bail bondsman compliance; requiring
judges and magistrates to enforce the provisions of law related to
the regulation of bail bondsmen; authorizing pretrial release
programs; permitting certain fees to be assessed to county
commissions; permitting certain fees to be assessed to persons on
pretrial release upon subsequent conviction; stating applicability
of pretrial release programs; establishing guidelines for pretrial
release programs; providing for potential funding sources;
requiring community pretrial committees to recommend release of
certain persons facing criminal charges who are in regional jails
prior to adjudication; setting forth the duties of pretrial release
programs; clarifying that a circuit judge or a magistrate may
impose a secured bond on participants in pretrial release programs;
and removing "day fine programs" from the list of authorized
community corrections programs.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Committee Substitute for Senate Bill No. 307, as
amended, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 307) passed with its Senate amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Unger, the Senate recessed until 10 p.m.
tonight.
Upon expiration of the recess, the Senate reconvened and
resumed business under the third order.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 461, Creating Future Fund.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 13A. SEVERANCE AND BUSINESS PRIVILEGE TAX ACT.
§11-13A-5b. Creation of West Virginia Future Fund; legislative intent;
calculation of deposits from excess severance tax revenues;
permissible uses of investment income and limitations on expenditures; definitions.
(a) There is hereby created in the State Treasury a special revenue
account, designated the West Virginia Future Fund, which is an
interest-bearing account and may be invested by the West Virginia
Investment Management Board in the manner permitted by the
provisions of article six, chapter twelve of this code, with the
investment income to be credited to the fund and deposited in the
special revenue account.
(b) The Legislature declares its intention to use the fund as a
means of conserving a portion of the state's revenue derived from
the increased revenue proceeds received by the state as a result of
any mineral production as well as other funding sources as the
Legislature may designate in order to meet future needs. The
principal of the fund shall remain inviolate and no portion of the
principal may be appropriated, expended or encumbered by the
Legislature or any official of the state. Only the investment
income of this fund may be appropriated and expended:
Provided,
That no more than the average net investment return for the
immediately preceding five fiscal years may be appropriated or
expended in any one fiscal year.
(c) Notwithstanding any provision of this code to the contrary, for
the fiscal year beginning July 1, 2014, and each year thereafter,
the Secretary of Revenue shall cause to be deposited in this fund
three percent of the annual severance tax revenue which would
otherwise be deposited into the General Revenue Fund which is
attributable to the severance of coal, limestone, sandstone, natural gas and oil and collected and received pursuant to the
provisions of sections three and three-a, article thirteen-a,
chapter eleven of this code:
Provided, That these deposits shall
only be made during fiscal years within which the balance of the
Revenue Shortfall Reserve Fund equals or exceeds thirteen percent
of the state's General Revenue Fund budget for the fiscal year just
ended as determined within sixty days of the end of that prior
fiscal year as provided by subsection (b), section twenty, article
two, chapter eleven-b:
Provided, however, That these deposits shall
not be made in any fiscal year in which the Governor's General
Revenue Fund estimate relies on transfers from the Revenue
Shortfall Reserve Fund:
Provided further, That these deposits shall
not be made in any fiscal year for which mid-year spending
reductions, hiring freezes, mid-year decreases in appropriations or
transfers from the Revenue Shortfall Reserve Fund are necessitated
due to revenue shortfalls or would be necessitated if the deposits
were to be made:
And provided further, That amounts that may be
deposited into the fund in error or found later to be subject to
these limitations, shall be redeposited into the General Revenue
Fund. The Legislature may, by general appropriation or by
designation of other funding sources, deposit into the fund
additional moneys as it considers appropriate.
(d) In order to maximize the value of the fund, no money from the
fund may be expended or appropriated until fiscal year 2020 and,
thereafter, the Legislature may appropriate, subject to the
limitations provided in this section, from the fund solely for enhancing education and workforce development, economic development
and diversification, infrastructure improvements and tax relief
measures for the benefit of the citizens and businesses of the
State of West Virginia.
(e) For purposes of this section:
(1) "Economic development and diversification" means fostering
economic growth and development in the state, including commercial,
industrial, community, cultural or historical improvements; or
preservation or other proper purposes.
(2) "Infrastructure improvements" means fostering
infrastructure improvements including, but not limited to, post-
mining land use, water or wastewater facilities or a part thereof,
storm water systems, steam, gas, telephone and telecommunications,
broadband development, electric lines and installations, roads,
bridges, railroad spurs, drainage and flood control facilities,
industrial park development or buildings that promote job creation
and retention.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 461--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §11-13A-5b, relating to creation of a Future
Fund for conserving a portion of proceeds from certain severance
tax revenues for future expenditures; creating an interest-bearing
special revenue account; authorizing the West Virginia Investment Management Board to invest moneys of the fund; providing that the
principal of the fund be inviolate and that only the investment
income may be expended; providing for contributions to the fund
from a portion of revenues collected from certain severance taxes;
prohibiting appropriation and expenditure from the fund until
fiscal year 2020; limiting of amount of appropriation from the fund
in certain circumstances; requiring moneys to be expended solely
for enhancing education and workforce development; economic
development and diversification; infrastructure improvements; tax
relief measures for the benefit of the citizens and businesses of
the State of West Virginia; and defining certain terms.
Senator Unger moved that the Senate concur in the House of
Delegates amendments to the bill.
Following discussion,
The question being on the adoption of Senator Unger's
aforestated motion, the same was put and prevailed.
Engrossed Committee Substitute for Senate Bill No. 461, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Cann, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons,
Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler
(Mr. President)--32.
The nays were: Blair and Carmichael--2.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 461) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the fifth order of business.
Senator Tucker, from the committee of conference on matters of
disagreement between the two houses, as to
Eng. Com. Sub. for Senate Bill No. 477, Providing teachers
determine use of time during planning period.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendments of the House to Engrossed Committee
Substitute for Senate Bill No. 477 having met, after full and free
conference, have agreed to recommend and do recommend to their
respective houses, as follows:
That both houses recede from their respective positions as to
the amendment of the House of Delegates, striking out everything
after the enacting section, and agree to the same as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-14. Duty-free lunch and daily planning period for certain
employees.
(a) Notwithstanding the provisions of section seven, article two
of this chapter, every teacher who is employed for a period of time
more than one half the class periods of the regular school day and every service person whose employment is for a period of more than
three and one-half hours per day and whose pay is at least the
amount indicated in the state minimum pay scale as set forth in
section eight-a of this article shall be provided a daily lunch
recess of not less than thirty consecutive minutes, and the
employee shall not be assigned any responsibilities during this
recess. The recess shall be included in the number of hours
worked, and no county shall increase the number of hours to be
worked by an employee as a result of the employee being granted a
recess under the provisions of this section.
(b) Every teacher who is regularly employed for a period of time
more than one half the class periods of the regular school day
shall be provided at least one planning period within each school
instructional day to be used to complete necessary preparations for
the instruction of pupils. No teacher may be assigned any
responsibilities during this period, and no county shall increase
the number of hours to be worked by a teacher as a result of such
teacher being granted a planning period subsequent to the adoption
of this section (March 13, 1982).
The use of the entire period of
time allotted for a planning period is determined by the teacher.
Administrators may not require a teacher to attend meetings,
training or any other work-related event during a planning period.
This does not prohibit any teacher from participating in school-
related activities, teacher evaluation conferences or conducting
school-related meetings, as prescribed, at his or her discretion.
"Meeting" for the purpose of this section includes, but is not limited to, IEP meetings, 504 Plan meetings, team meetings and
parent-teacher conferences. A planning period begins once students
are physically delivered to another teacher or dismissed from a
class.
The duration of the planning period shall be in accordance with the
following:
(1) For grades where the majority of the student instruction is
delivered by only one teacher, the planning period shall be no less
than forty minutes; and
(2) For grades where students take separate courses during at least
four separate periods of instruction, most usually delivered by
different teachers for each subject, the planning period shall be
the length of the usual class period taught by the teacher, but no
less than forty minutes. Principals, and assistant principals,
where applicable, shall cooperate in carrying out the provisions of
this subsection, including, but not limited to, assuming control of
the class period or supervision of students during the time the
teacher is engaged in the planning period. Substitute teachers may
also be utilized to assist with classroom responsibilities under
this subsection:
Provided, That any substitute teacher who is
employed to teach a minimum of two consecutive days in the same
position shall be granted a planning period pursuant to this
section.
(c) Nothing in this section prevents any teacher from exchanging
his or her lunch recess or a planning period or any service person
from exchanging his or her lunch recess for any compensation or benefit mutually agreed upon by the employee and the county
superintendent or his or her agent:
Provided, That a teacher and
the superintendent or his or her agent may not agree to terms which
are different from those available to any other teacher granted
rights under this section within the individual school or to terms
which in any way discriminate among those teachers within the
individual school, and a service person granted rights under this
section and the superintendent or his or her agent may not agree to
terms which are different from those available to any other service
personnel within the same classification category granted rights
under this section within the individual school or to terms which
in any way discriminate among those service personnel within the
same classification category within the individual school.
(d) The state board shall conduct a study on planning periods. The
study shall include, but not be limited to, the appropriate length
for planning periods at the various grade levels and for the
different types of class schedules. The board shall report its
findings and recommendations to the Legislative Oversight
Commission on Education Accountability no later than December 31,
2013.;
And,
That both houses recede from their respective positions as to
the title of the bill and agree to the same as follows:
Eng. Com. Sub. for Senate Bill No. 477--A Bill to amend and
reenact §18A-4-14 of the Code of West Virginia, 1931, as amended,
relating to daily planning periods for certain school employees; providing that teachers determine the use of time for a planning
period; prohibiting administrators from requiring teachers to
attend meetings, training or work-related events during planning
period; allowing for teacher discretion; defining "meeting"; and
setting forth when a planning period begins.
Respectfully submitted,
Gregory A. Tucker,
Chair, Daniel Hall, Donna J. Boley,
Conferees on the part of the Senate.
Dave Pethtel,
Chair, Linda Sumner, Larry A. Williams,
Conferees on the part of the House of Delegates.
On motions of Senator Tucker, severally made, the report of
the committee of conference was taken up for immediate
consideration and adopted.
Engrossed Committee Substitute for Senate Bill No. 477, as
amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were: Beach,
Boley, Cann, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons,
Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--30.
The nays were: Barnes, Blair, Carmichael and M. Hall--4.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 477) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the adoption by that body of the committee of conference report,
passage as amended by the conference report with its conference
amended title, and requested the concurrence of the Senate in the
adoption thereof, as to
Eng. Com. Sub. for House Bill No. 4208, Banning synthetic
hallucinogens.
Whereupon, Senator Stollings, from the committee of conference
on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 4208, Banning synthetic
hallucinogens.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendments of the Senate to Engrossed
Committee Substitute for House Bill No. 4208 having met, after full
and free conference, have agreed to recommend and do recommend to
their respective houses, as follows:
That the House of Delegates agree to the amendment of the
Senate to the bill striking out everything after the enacting
clause, except:
That the Senate recede from its amendment on page thirty-
three, section two hundred eight, subsection (b), subdivision (6), and that both houses agree to strike out all of subdivision (6);
That the Senate recede from its amendment on page thirty-
seven, section two hundred eight, subsection (e), after paragraph
(B), and that both houses agree to inserting two new paragraphs,
designated paragraphs (C) and (D), to read as follows:
"(C) Not more than 300 milligrams of dihydrocodeinone
(hydrocodone) per 100 milliliters or not more than 15 milligrams
per dosage unit, with a fourfold or greater quantity of an
isoquinoline alkaloid of opium:
Provided, That a prescription for
this may not be filled for more than a one-month supply or filled
or refilled more than three months after the date of the original
prescription. Such prescription may not be refilled more than
twice;
(D) Not more than 300 milligrams of dihydrocodeinone
(hydrocodone) per 100 milliliters or not more than 15 milligrams
per dosage unit, with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts:
Provided, That a prescription
for this product may not be filled for more than a one-month supply
or filled or refilled more than three months after the date of the
original prescription. Such prescription may not be refilled more
than twice;";
And by relettering the remaining paragraphs;
And,
That both houses recede from their respective positions as to
the title of the bill and agree to the same as follows:
Eng. Com. Sub. for House Bill No. 4208--A Bill to amend and reenact §60A-1-101 of the Code of West Virginia, 1931, as amended;
to amend and reenact §60A-2-204; §60A-2-206, §60A-2-208, §60A-2-210
and §60A-2-212 of said code; and to amend and reenact §60A-3-308 of
said code, all relating generally to controlled substances;
modifying the lists of scheduled controlled drugs; limiting the
refills of hydrocodone in Schedule III; making tramadol
hydrochloride a Schedule IV controlled substance; adding certain
synthetic drugs to the list of scheduled controlled substances;
modifying and including definitions; and modifying manner in which
buprenorphine and naloxone may be prescribed.
Respectfully submitted,
Don C. Perdue,
Chair, Meshea L. Poore, Joe Ellington,
Conferees on the part of the House of Delegates.
Ron Stollings,
Chair, Donald H. Cookman, David C. Nohe,
Conferees on the part of the Senate.
Senator Stollings, Senate cochair of the committee of
conference, was recognized to explain the report.
Thereafter, on motion of Senator Stollings, the report was
taken up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 4208, as
amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were:
Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole,
Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall,
Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4208) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the adoption by that body of the committee of conference report,
passage as amended by the conference report with its conference
amended title, and requested the concurrence of the Senate in the
adoption thereof, as to
Eng. House Bill No. 4619, Authorizing innovation school
districts.
Whereupon, Senator Wells, from the committee of conference on
matters of disagreement between the two houses as to
Eng. House Bill No. 4619, Authorizing innovation school
districts.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendment of the Senate to Engrossed House
Bill No. 4619 having met, after full and free conference, have
agreed to recommend and do recommend to their respective houses, as
follows:
That both houses recede from their respective positions as to the amendments of the Senate and agree to the same as follows:
On page four, section three, lines forty-eight through fifty-
six, by striking out all of subsection (d) and inserting in lieu
thereof a new subsection, designated subsection (d), to read as
follows:
(d) When designating innovation zones under these provisions
following the amendment and reenactment of this section by the
Legislature at its regular session 2014, and for each of the four
succeeding school years, the state board shall establish a priority
for applications that include the establishment of entrepreneurship
education programs as a curricular offering for students. To
qualify under this priority, the program strategy must include the
active involvement of one or more partners from the business
community in program delivery. Nothing in this subsection requires
the state board to designate all applicants that include the
establishment of entrepreneurship education programs as innovation
zones, or to exclude other qualified applicants for innovations in
other areas from designation.;
On page nine, section thirteen, lines eighty through eighty-
eight, by striking out all of subsection (c) and inserting in lieu
thereof a new subsection, designated subsection (c), to read as
follows:
(c)
School System Eligibility:
All county boards are eligible to apply for designation as an
innovation school district:
Provided, That a district that has
expended funds or incurred obligations in violation of section twenty-six, article eight, chapter eleven of this code is not
eligible to apply for designation as an innovation school district,
unless otherwise determined by the state board. The applications
shall be taken in four categories: Sparse Density County; Low
Density County; Medium Density County; and High Density County, as
those terms are defined in section two, article nine-a of this
chapter. The state board is authorized to designate no more than
one county from each category as an innovation school district
beginning July 1, 2015:
Provided, That the state board, after July
1, 2016, may designate one additional county from each category as
an innovation school district as long as the number of counties
designated at any one time does not exceed two counties from each
category as innovation school districts, subject to other
considerations included herein. The designation of counties as
innovation school districts shall be on a competitive basis;
On page ten, section thirteen, line one hundred five, by
striking out the word "two" and inserting in lieu thereof the words
"number allowed by subsection (c) of this section";
On page ten, section thirteen, line one hundred eight, by
striking out the word "two" and inserting in lieu thereof the words
"number allowed by subsection (c) of this section";
On page sixteen, section thirteen, line two hundred nineteen,
by striking out the word "hearings" and inserting in lieu thereof
the words "town hall meetings";
On page sixteen, section thirteen, line two hundred nineteen,
by striking out "(2)" and inserting in lieu thereof "(4)";
On page twenty, section thirteen, line three hundred thirteen,
by striking out the word "thirty" and inserting in lieu thereof the
word "sixty";
On page twenty-three, section thirteen, line three hundred
fifty-seven, by striking out "(l)" and inserting in lieu thereof
"(i)";
On page twenty-three, section thirteen, line three hundred
seventy-six, by striking out "(m)" and inserting in lieu thereof
"(j)";
On page twenty-four, section thirteen, line three hundred
eighty-two, by striking out "(o)" and inserting in lieu thereof
"(k)";
And,
That both houses recede from their positions as to the title
of the bill and agree to the same as follows:
Eng. House Bill No. 4619--A Bill to amend and reenact §18-5B-3
of the code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new section, designated §18-5B-13, all
relating to School Innovation Zones Act; providing limited priority
for limited years for certain entrepreneurship education innovation
zones; authorizing innovation school districts; making legislative
findings and providing intent and purpose of section; school system
eligibility and application categories; providing for application
process, review, content and periods; innovation school district
plan purpose and content; plan development, approval and submission
to state board; state board designation of innovation school districts; affect of designation and process for waiver of
statutes, policies, rules and interpretations; limitation on
waivers; revision and extension of plans; revocation of
designation; affect of plan expiration on innovations; requiring
state board rule; and annual review.
Respectfully submitted,
Tiffany Elizabeth Lawrence,
Chair, Adam R. Young, Roy G.
Cooper,
Conferees on the part of the House of Delegates.
Erik P. Wells,
Chair, Robert D. Beach, Evan H. Jenkins,
Conferees on the part of the Senate.
On motions of Senator Wells, severally made, the report of the
committee of conference was taken up for immediate consideration
and adopted.
Engrossed House Bill No. 4619, as amended by the conference
report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were:
Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole,
Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall,
Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4619) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 140, Authorizing Department
of Commerce promulgate legislative rules.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.
§64-10-1. Office of Miners' Health, Safety and Training.
(a) The legislative rule filed in the State Register on March
26, 2013, authorized under the authority of section six, article
one, chapter twenty-two-a of this code, relating to the Office of
Miners' Health, Safety and Training (assessing health and safety
violation penalties, 56 CSR 12
), is authorized.
(b) The legislative rule filed in the State Register on July
26, 2013, authorized under the authority of section four, article
one, chapter twenty-two-a of this code, relating to the Office of
Miners' Health, Safety and Training (program for the sharing of information between employers, 56 CSR 18
), is authorized.
(c) The legislative rule filed in the State Register on March
26, 2013, authorized under the authority of section fourteen,
article six, chapter twenty-two-a of this code, modified by the
Office of Miners' Health, Safety and Training to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on December 20, 2013, relating to the
Office of Miners' Health, Safety and Training (substance abuse
screening, standards and procedure, 56 CSR 19
), is authorized with
the following amendments:
On page two, after subsection 3.7, by inserting a new
subsection, designated subsection 3.8, to read as follows:
3.8. Duly licensed, mental health professional. The term
"duly licensed, mental health professional" means a psychiatrist,
psychologist, professional counselor or substance abuse counselor
in the United States who is licensed by, and in good standing with,
the licensing authority of the jurisdiction in which the person
practices.;
And by renumbering the remaining subsections;
On page four, subsection 3.17, by striking out the word
"accidents" and inserting in lieu thereof the word "accident";
On page six, by striking out all of subsection 4.7 and
inserting in lieu thereof a new subsection, designated subsection
4.7, to read as follows:
4.7. Any applicant, who is adversely affected by a decision of
the Director following a hearing on an application for safety-sensitive certification, may petition for judicial review of the
Director's decision in the Circuit Court of Kanawha County or in
the circuit court of the county in which the applicant resides,
pursuant to the provisions of W. Va. Code § 29A-5-4.;
On page six, subsection 4.8, by striking out the word "shall"
and inserting in lieu thereof the word "may";
On page six, subsection 5.2, by striking out subsection 5.2 in
its entirety and inserting in lieu thereof, a new subsection 5.2 to
read as follows: Every employer's program shall at a minimum
comply with all state mine laws relevant to substance abuse
screening, standards and procedures.;
On page seven, subdivision 5.3.5, by striking out the word
"Pphencyclidine" and inserting in lieu thereof the word
"Phencyclidine";
On page eight, subsection 5.5, by striking out "5.5" and
inserting in lieu thereof "5.6";
And by renumbering the remaining subsections;
On page nine, subsection 5.11, by striking out the subsection
in its entirety, and inserting in lieu thereof a new subsection
5.11., as follows:
"5.11 Every employer shall notify the director, on a form
prescribed by the director, within seven (7) days of any of the
following:
5.11.a A positive drug or alcohol test of a certified person,
whether it be a preemployment test, random test, reasonable
suspicion test, or post-accident test;
5.11.b. The refusal of a certified person to submit a sample;
5.11.c. A certified person possessing a substituted sample or
an adulterated sample; or
5.11.d. A certified person submitting a substituted sample or
an adulterated sample.";
On page nine, after subdivision 5.11.d. by inserting two new
subsections, designated 5.12. and 5.13., to read as follows:
5.12. When the employer submits the completed notification
form prescribed by the director, the employer shall also submit a
copy of the laboratory test results showing the substances tested
for and the results of the test.
5.13. A notice pursuant to subdivision 5.11., shall result in
the immediate temporary suspension of all certificates held by the
certified person who failed the screening, pending a hearing before
the board of appeals, except in the case of a certified person who
is subject to a collective bargaining agreement, in which case the
notification pursuant subsection 5.11., shall not result in the
immediate temporary suspension of any certificate held by the
certified person who is subject to a collective bargaining
agreement unless and until the arbitration is concluded and the
discharge is upheld, and no certificate held by a certified person
who is subject to a collective bargaining agreement shall be
suspended or revoked unless the discharge is upheld in
arbitration.;
And by renumbering the remaining subsections;
On page eleven, subdivision 6.1.2, by striking out the words "Notify the Board of Appeals" and inserting in lieu thereof the
words "Notify the Director";
On page eleven, subsection 6.2, by striking out the words
"notify the Board of Appeals" and inserting in lieu thereof the
words "notify the Director";
On page fourteen, subsection 8.1, by striking out the words
"is found, by a preponderance of the evidence, to have: failed" and
inserting in lieu thereof the words "has entered into a treatment
plan agreement as specified in subsection 9.1 of this rule or who
is found, by a preponderance of the evidence, to have failed";
On page fourteen, by striking out all of subsection 8.2 and
inserting in lieu thereof three new subsections, designated
subsections 8.2, 8.3 and 8.4, to read as follows:
8.2. Any person requesting a hearing who intends to challenge
the sample collection methods, the laboratory test results, the
medical review officer's verification of the laboratory test result
or the chemical test of breath, shall notify the Director of his or
her intent. The person shall submit the notification in writing,
either in person or by mail to the Director, at least fourteen (14)
days prior to the hearing date. The notification shall specify, in
detail, the challenge the person intends to make.
8.3. If the person requesting the hearing submits notification
in writing to the Director that he/she intends to challenge the
laboratory test results of the medical review officer's
verification of the laboratory test result, that person shall have
the split sample tested, at his/her expense, at a SAMSHA-certified laboratory and those results verified by a medical review officer.
The split sample results and the results of the split sample
verification by a medical review officer shall be provided to the
Director and the original medical review officer. No other form of
evidence shall be admissible to challenge the laboratory test
result of the medical review officer's verification of the
laboratory test result.
8.4. If a person fails to comply with the notification
requirements of this section, then the sample collection methods,
the laboratory test results, the medical review officer's
verification of the laboratory test result, or the chemical test of
breath shall be admissible as though the person and the Director
had stipulated to their admissibility.;
And by renumbering the remaining subsections;
On page fifteen, subdivision 9.1.1, by striking out the words
"treatment at a facility licensed by the State of West Virginia in
substance abuse" and inserting in lieu thereof the words
"treatment, counseling and aftercare under the supervision of a
duly licensed, mental health professional";
On page fifteen, subdivision 9.1.2, by striking out the words
"treatment at a facility licensed by the State of West Virginia in
substance abuse" and inserting in lieu thereof the words
"treatment, counseling and aftercare under the supervision of a
duly licensed, mental health professional";
On page fifteen, subdivision 9.1.3, by striking out the words
"treatment at a facility licensed by the State of West Virginia in substance abuse" and inserting in lieu thereof the words
"treatment, counseling and aftercare under the supervision of a
duly licensed, mental health professional";
And,
On page sixteen, after subdivision 9.1.4, by adding the
following:
9.1.5. An admission by the individual that he or she has
failed or refused a drug and alcohol test for the first time and
that a second failure or refusal shall result in the permanent
revocation of all mining certifications issued to him or her.
9.2. The Director shall review all Treatment Agreements and
shall not approve any Agreement that does not comply with this
rule.
9.3. The Director shall insure an individual has satisfied all
conditions for reinstatement before reinstating any certificate.
§64-10-2. Division of Labor.
(a) The legislative rule filed in the State Register on July
23, 2013, authorized under the authority of section thirteen,
article five, chapter twenty-one of this code, modified by the
Division of Labor to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
November 5, 2013, relating to the Division of Labor (Wage Payment
and Collection Act, 42 CSR 5
), is authorized with the following
amendments:
On page three, after subsection 4.2., by inserting a new
subsection, designated subsection 4.3., to read as follows:
4.3. An employer shall keep posted in a place accessible to
all employees an abstract of the West Virginia Wage Payment and
Collection law prepared and provided by the Commissioner.;
On page four, by striking out all of subsection 7.2. and
inserting in lieu thereof a new subsection, designated subsection
7.2., to read as follows:
7.2. The scheduled payday for a railroad company shall occur
within the time periods specified by West Virginia Code §21-5-2.
The scheduled payday for every employer other than a railroad
company shall occur at least once every 2 weeks, unless otherwise
authorized by special agreement as provided in section eight of
this rule.;
On page five, after subsection 8.2., by inserting a new
subsection, designated subsection 8.3. to read as follows:
8.3. The Commissioner shall notify all employees identified by
the employer and provide each employee with an opportunity to
respond to the petition.;
And by renumbering the remaining subsections;
On page five, subsection 8.4, by striking out the words "After
the hearing," and inserting in lieu thereof the words "Following
the submission of the petition, the responses of the affected
employees, and the holding of the hearing, if any,";
And,
On page seven, subsection 10.6, by striking out the words
"established by" and inserting in lieu thereof the words "specified
in the written demand of".
(b) The legislative rule filed in the State Register on July
23, 2013, authorized under the authority of section thirteen,
article five, chapter twenty-one of this code, modified by the
Division of Labor to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
November 5, 2013, relating to the Division of Labor (employer wage
bonds, 42 CSR 33
), is authorized.
§64-10-3. Division of Natural Resources.
(a) The legislative rule filed in the State Register on July
25, 2013, authorized under the authority of section twenty-three,
article seven, chapter twenty of this code, relating to the
Division of Natural Resources (special motorboating, 58 CSR 27
), is
authorized.
(b) The legislative rule filed in the State Register on July
25, 2013, authorized under the authority of section four, article
two, chapter twenty of this code, modified by the Division of
Natural Resources to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
October 8, 2013, relating to the Division of Natural Resources
(electronic registration of wildlife, 58 CSR 72
), is authorized.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 140, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 140) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 140) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendment to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 4283, Raising the minimum
wage.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
On further motion of Senator Unger, the Senate acceded to the
request of the House of Delegates and receded from its amendment to
the bill.
Engrossed Committee Substitute for House Bill No. 4283, as
amended by deletion, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Boley,
Cann, Chafin, Cookman, Edgell, Fitzsimmons, D. Hall, Laird, Miller,
Nohe, Palumbo, Prezioso, Snyder, Tucker, Unger, Walters, Wells,
Yost and Kessler (Mr. President)--20.
The nays were: Barnes, Blair, Carmichael, Cole, Facemire,
Green, M. Hall, Jenkins, Kirkendoll, McCabe, Plymale, Stollings,
Sypolt and Williams--14.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4283) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 379,
Reclassifying counties.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §7-7-1 and §7-7-4 of the Code of West Virginia, 1931, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
7-7-1. Legislative findings and purpose.
(a) The Legislature finds that it has, since January 1, 2003
2007, consistently and annually imposed upon the county
commissioners, sheriffs, county and circuit clerks, assessors and
prosecuting attorneys in each county board, new and additional
duties by the enactment of new provisions and amendments to this
code. The new and additional duties imposed upon the aforesaid
county officials by these enactments are such that they would
justify the increases in compensation as provided in section four
of this article, without violating the provisions of section
thirty-eight, article VI of the Constitution of West Virginia.
(b) The Legislature further finds that there are, from time to
time, additional duties imposed upon all county officials through
the acts of the Congress of the United States and that such acts constitute new and additional duties for county officials and, as
such, justify the increases in compensation as provided by section
four of this article, without violating the provisions of section
thirty-eight, article VI of the Constitution of West Virginia.
(c) The Legislature further finds that there is a direct
correlation between the total assessed property valuations of a
county on which the salary levels of the county commissioners,
sheriffs, county and circuit clerks, assessors and prosecuting
attorneys are based, and the new and additional duties that each of
these officials is required to perform as they serve the best
interests of their respective counties. Inasmuch as the
reappraisal of the property valuations in each county has now been
accomplished, the Legislature finds that a change in classification
of counties by virtue of increased property valuations will occur
on an infrequent basis. However, it is the further finding of the
Legislature that when such change in classification of counties
does occur, that new and additional programs, economic
developments, requirements of public safety and the need for new
services provided by county officials all increase, that the same
constitute new and additional duties for county officials as their
respective counties reach greater heights of economic development,
as exemplified by the substantial increases in property valuations
and, as such, justify the increases in compensation provided in
section four of this article, without violating the provisions of
section thirty-eight, article VI of the Constitution of West
Virginia.
(d) The Legislature further finds and declares that the
amendments enacted to this article are intended to modify the
provisions of this article so as to cause the same to be in full
compliance with the provisions of the Constitution of West Virginia
and to be in full compliance with the decisions of the Supreme
Court of Appeals of West Virginia.
§7-7-4. Compensation of elected county officials and county
commissioners for each class of county; effective date.
(1) The increased salaries to be paid to the county
commissioners and the other elected county officials described in
this subsection section on and after July 1, 2006 2014, are set out
in subdivisions (5) and (7) of this subsection. Every county
commissioner and elected county official in each county, whose term
of office commenced prior to or on or after July 1, 2014, shall
receive the same annual salary by virtue of legislative findings of
extra duties as set forth in section one of this article.
(2) Before the increased salaries, as set out in subdivisions
(5) and (7) of this subsection, are paid to the county
commissioners and the elected county officials, the following
requirements must be met:
(A) The Auditor has certified that the proposed annual county
budget for the fiscal year beginning the first days of July 1,
2006, fiscal condition of the county, considering costs, revenues,
liabilities and significant trends of the same; maintenance
standards; and the commitment to the provision of county services
has increased sufficiently improved over the previous fiscal year in years so that there exists an amount sufficient for the payment
of the increase in the salaries set out in subdivisions (5) and (7)
of this subsection and the related employment taxes: Provided,
That the Auditor may not approve the budget provide the
certification for the payment of the increase in the salaries where
any proposed annual county budget containing anticipated receipts
which are unreasonably greater or lesser than that of the previous
year. For purposes of this subdivision subsection, the term
"receipts" does not include unencumbered fund balance or federal or
state grants: Provided, That the Auditor shall not be held liable
for relying upon information and data provided by a county
commission in assessing the county's fiscal condition or a proposed
annual county budget; and
(B) Each county commissioner or other elected official
described in this subsection in office on the effective date of the
increased salaries provided by this section who desires to receive
the increased salary has prior to that date filed in the office of
the clerk of the county commission his or her written request for
the salary increase. The salary for the person who holds the
office of county commissioner or other elected official described
in this section who fails to file the written agreement request as
required by this paragraph shall be the salary for that office in
effect immediately prior to the effective date of the increased
salaries provided by this section until the person vacates the
office or his or her term of office expires, whichever first
occurs.
__Any request for a salary increase shall use the following
language:
__I [name of office holder] the duly elected [name of office] in
and for the County of [name of county], West Virginia, do hereby
request a salary increase pursuant to W. Va. Code §7-7-4, as
amended. This salary increase is effective July 1, 2014.
__[Signature of office holder]
__[Date]
(3) If the Auditor has failed to certify that there is an
insufficient projected increase in revenues to pay the increased an
amount sufficient for the payment of the increase in the salaries
and the related employment taxes pursuant to section, then the
salaries of that county's elected officials and commissioners shall
remain at the level in effect at the time certification was sought.
(4) In any county having a tribunal in lieu of a county
commission, the county commissioners of that county may be paid
less than the minimum salary limits of the county commission for
that particular class of the county.
(5) Prior to July 1, 2014:
COUNTY COMMISSIONERS
Class I$36,960
Class II$36,300
Class III$35,640
Class IV$34,980
Class V$34,320
Class VI$28,380
Class VII$27,720
Class VIII$25,080
Class IX$24,420
Class X$19,800
After June 30, 2014:
COUNTY COMMISSIONERS
______________________Class I_____________________$41,395
______________________Class II____________________$40,656
______________________Class III___________________$39,917
______________________Class IV____________________$39,178
______________________Class V_____________________$38,438
______________________Class VI____________________$31,786
______________________Class VII___________________$31,046
______________________Class VIII__________________$28,090
______________________Class IX____________________$27,350
______________________Class X_____________________$22,176
(6) For the purpose of determining the salaries to be paid to
the elected county officials of each county, the salaries for each
county office by class, set out in subdivision (7) of this
subsection, are established and shall be used by each county
commission in determining the salaries of each of their county
officials other than salaries of members of the county commission.
(7) Prior to July 1, 2014:
OTHER ELECTED OFFICIALS
CountyCircuit Prosecuting
SheriffClerkClerk AssessorAttorney
Class I$44,880 $55,440 $55,440 $44,880$ 96,600
Class II$44,220$54,780 $54,780 $44,220 $ 94,400
Class III$43,890$53,460$53,460 $43,890 $ 92,200
Class IV$43,560$53,154 $53,154 $43,560 $ 90,000
Class V$43,230$52,800 $52,800 $43,230 $ 87,800
Class VI$42,900$49,500 $49,500 $42,900 $ 59,400
Class VII$42,570$48,840 $48,840 $42,570 $ 56,760
Class VIII$42,240$48,180 $48,180 $42,240 $ 54,120
Class IX$41,910$47,520 $47,520 $41,910 $ 50,160
Class X$38,280$42,240 $42,240 $38,280 $ 46,200
After June 30, 2014:
OTHER ELECTED OFFICIALS
_________________________CountyCircuit___Prosecuting
_____SheriffClerkClerk_____AssessorAttorney
Class I________________$50,266___$62,093 __$62,093___$50,266____$108,192
Class II_______________$49,526___$61,354 __$61,354___$49,526____$105,728
Class III______________$49,157___$59,875 __$59,875___$49,157____$103,264
Class IV_______________$48,787___$59,532 __$59,532___$48,787____$100,800
Class V________________$48,418___$59,136 __$59,136___$48,418____$98,336
Class VI_______________$48,048___$55,440 __$55,440___$48,048____$66,528
Class VII______________$47,678___$54,701 __$54,701___$47,678____$63,571
Class VIII_____________$47,309___$53,962 __$53,962___$47,309____$60,614
Class IX_______________$46,939___$53,222 __$53,222___$46,939____$56,179
Class X________________$42,874___$47,309 __$47,309___$42,874____$51,744
(8) Any county clerk, circuit clerk, county assessor,
prosecuting attorney or sheriff of a Class I through Class V county, inclusive, any assessor or any sheriff of a Class VI
through Class IX county, inclusive, shall devote full-time to his
or her public duties to the exclusion of any other employment:
Provided, That any public official, whose term of office begins
when his or her county's classification imposes no restriction on
his or her outside activities, may not be restricted on his or her
outside activities during the remainder of the term for which he or
she is elected.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 379--A Bill
to amend and reenact §7-7-1 and §7-7-4 of the Code of West
Virginia, 1931, as amended, all relating to authorizing an increase
in the salaries of county commissioners and elected county
officials; providing legislative findings that the new and
additional duties that have consistently and annually been imposed
upon the county commissioners, sheriffs, county and circuit clerks,
assessors and prosecuting attorneys in each county are such that
they would justify the increases in compensation; requiring the
state auditor to consider certain factors when certifying whether
a county has an amount sufficient for payment of the increases;
providing that the State Auditor may not be held liable for relying
upon information and data provided by a county commission in
assessing a county's fiscal condition or annual budget; requiring
submission of written request for a salary increase; and requiring certain prosecuting attorneys to devote full-time to public duties.
On motion of Senator Unger, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. Com. Sub. for Com.
Sub. for S. B. No. 379) and requested the House of Delegates to
recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 619, Exempting certain
critical access hospitals from certificate of need requirement.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page two, section five-e, lines seven and eight, by
striking out the words "and may operate pursuant to the previous
license issued to the critical access hospital prior to closure".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 619, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 619) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate again proceeded to the eighth order of business.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of
Eng. Com. Sub. for House Bill No. 2387, Relating to reasonable
accommodations under the West Virginia Fair Housing Act for persons
with disabilities who need assistive animals.
On third reading, coming up in deferred order, with the
unreported Judiciary committee amendment pending, and with the
right having been granted on yesterday, Friday, March 7, 2014, for
further amendments to be received on third reading, was again
reported by the Clerk.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page thirteen, section five, line one hundred forty-one, by
striking out the word "assistive" and inserting in lieu thereof the word "assistance".
There being no further amendments offered,
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2387), as just amended, was then read a third time and put upon its
passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2387) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2387--A Bill to amend and
reenact §5-11A-3, §5-11A-5, §5-11A-6 and §5-11A-7 of the Code of
West Virginia, 1931, as amended, all relating to reasonable
accommodations under the West Virginia Fair Housing Act for persons
with disabilities who need assistance animals; defining terms;
requiring rules, policies, practices and services related to
animals to be subject to reasonable accommodation; providing for
the submission of documentation of the disability related need for the assistance animal; providing for the sufficiency of the
requested documentation; prohibiting a request for access to
medical records or providers; providing for the denial of a request
for an accommodation of an assistance animal under certain
circumstances; requiring a determination of a direct threat or
substantial physical damage to be based on individualized
assessment; prohibiting an unreasonable denial of accommodation;
and replacing the term "handicapped" with the term "disability"
throughout the article.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Action as to Engrossed Committee Substitute for House Bill No.
2387 having been concluded, the Senate proceeded to the
consideration of
Eng. Com. Sub. for House Bill No. 3156, Granting a labor
organization a privilege from being compelled to disclose any
communication or information the labor organization or agent
received or acquired in confidence from an employee.
On third reading, coming up in deferred order, was again
reported by the Clerk.
On motion of Senator Palumbo, the Senate reconsidered the vote
by which on yesterday, Friday, March 7, 2014, it adopted the
Judiciary committee amendment to the bill (shown in the Senate
Journal of that day, pages 180 to 182, inclusive).
The vote thereon having been reconsidered,
The question again being on the adoption of the Judiciary committee amendment to the bill.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, and by unanimous consent, the Judiciary committee
amendment to the bill was withdrawn.
On motion of Senator Palumbo, the following amendment to the
bill (Eng. Com. Sub. for H. B. No. 3156) was reported by the Clerk
and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §6C-2-8, to read as
follows:
ARTICLE 2. WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE PROCEDURE.
§6C-2-8. Employee organizations may not be compelled to disclose
certain communications; exceptions.
(a) Except as otherwise provided in this section, an employee
organization or an agent of an employee organization may not be
compelled to disclose any communication or information the employee
organization or agent received or acquired in confidence from a
public employee, while the employee organization or agent was
acting in a representative capacity concerning a public employee
grievance or an investigation of a potential public employee
grievance, regardless of whether the public employee is a member of
the employee organization: Provided, That the confidentiality
established under this section does not apply to written
communications between the employee and the employee organization.
(b) (1) The confidentiality established under this section applies
only to the extent that the communication or information is germane
to a grievance or potential grievance of the employee.
(2) The confidentiality established under this subsection continues
after termination of:
(A) The employee's employment; or
(B) The representative relationship of the employee organization
or its agent with the public employee.
(3) The confidentiality established under this subsection protects
the communication or information received or acquired by the
employee organization or its agent, but does not protect the
employee from being compelled to disclose, to the extent provided
by law, the facts underlying the communication or information.
(c) The protection for confidential communications provided by this
section only extends to proceedings under the public employees
grievance procedure. Nothing in this section may be construed to
extend the confidentiality to circuit court proceedings or other
proceedings outside of the public employees grievance procedure.
(d) An employee organization or its agent shall disclose to the
employer as soon as possible a communication or information
described in subsection (a) of this section to the extent the
employee organization or its agent reasonably believes:
(1) It is necessary to prevent certain death or substantial bodily
harm.
(2) It is necessary to prevent the employee from committing a
crime, fraud or any act that is reasonably certain to result in substantial injury to the financial interests or property of
another or to rectify or mitigate any such action after it has
occurred;
(3) The communication or information constitutes an admission that
the employee has committed a crime; or
(4) It is necessary to comply with a court order or other law.
(e) An employee organization or its agent may disclose a
communication or information described in subsection (a) of this
section in order to:
(1) Secure legal advice about the compliance of the employee
organization or its agent with a court order or other law;
(2) Establish a claim or defense on behalf of the employee
organization or its agent in a controversy between the employee and
the employee organization or its agent;
(3) Establish a defense to a criminal charge or civil claim against
the employee organization or its agent based on conduct in which
the employee was involved; or
(4) Respond to allegations in any proceeding concerning the
performance of professional duties by the employee organization or
its agent on behalf of the employee.
(f) An employee organization or its agent may disclose a
communication or information described in subsection (a) of this
section, without regard to whether the disclosure is made within
the public employees grievance procedure, in the following
circumstances:
(1) The employee organization has obtained the express written or oral consent of the employee;
(2) The employee has, by other act or conduct, waived the
confidentiality of the communication or information; or
(3) The employee is deceased or has been adjudicated incompetent
by a court of competent jurisdiction and the employee organization
has obtained the written or oral consent of the personal
representative of the employee's estate or of the employee's
guardian.
(g) If there is a conflict between the application of this section
and any federal or state labor law, the provisions of the federal
or other state law shall control.
The bill, as just amended, was again ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 3156)
was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted
in the affirmative, the President declared the bill (Eng. Com. Sub.
for H. B. No. 3156) passed.
At the request of Senator Yost, as chair of the Committee on Labor, and by unanimous consent, the unreported Labor committee amendment
to the title of the bill was withdrawn.
On motion of Senator Palumbo, the following amendment to the title
of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 3156--A Bill to amend the Code
of West Virginia, 1931, as amended, be amended by adding thereto a
new section, designated §6C-2-8, relating to recognizing certain
communications between a public employee and a employee
organization as confidential; preventing employee organizations and
their agents from being compelled to disclose certain
communications or information obtained from an employee while the
employee organization or agent is acting in a representative
capacity concerning an employee grievance; providing limitations
and exceptions; ensuring the confidentiality does not extend
outside the grievance process; and providing for resolution of
conflicts with existing law.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate and request concurrence therein.
Action as to Engrossed Committee Substitute for House Bill No. 3156
having been concluded, the Senate proceeded to the consideration of
Eng. Com. Sub. for House Bill No. 4316, Creating the student data
accessability, transparency and accountability act.
On third reading, coming up in deferred order, with the right
having been granted on yesterday, Friday, March 7, 2014, for
further amendments to be received on third reading, was again
reported by the Clerk.
On motion of Senator Sypolt, the following amendment to the bill
was reported by the Clerk and adopted:
On page four, section five-h, line fifty-three, after the word
"purpose" by inserting the words "which data shall promptly be
destroyed".
Thereafter, on motion of Senator Sypolt, the Senate reconsidered
the vote by which it immediately hereinbefore adopted Senator
Sypolt's amendment to Engrossed Committee Substitute for House Bill
No. 4316.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Sypolt's
amendment to the bill.
Thereafter, at the request of Senator Sypolt, and by unanimous
consent, Senator Sypolt's amendment to the bill was withdrawn.
On motion of Senator Sypolt, the following amendment to the bill
was next reported by the Clerk and adopted:
On page four, section five-h, after line thirty-eight, by inserting
a new subdivision, designated subdivision (10), to read as follows:
"(10) 'Confidential student information' means data relating to a
person's Social Security number, or other identification number
issued by a state or federal agency, except for the state-assigned
student identifier as defined in this section, religious
affiliation, whether the person or a member of their household owns
or possesses a firearm, whether the person or their family are or
were recipients of financial assistance from a state or federal
agency, medical, psychological or behavioral diagnoses, criminal history, criminal history of parents, siblings or any members of
the person's household, vehicle registration number, driver's
license number, biometric information, handwriting sample, credit
card numbers, consumer credit history, credit score, or genetic
information;";
And by renumbering the remaining subdivisions;
And,
On page nine, section five-h, after line one hundred fifty-five,
by adding a new subdivision, designated subdivision (9), to read as
follows:
(9) Prohibit the collection of confidential student information as
defined in subdivision ten of subsection (b) of this section.
The bill, as just amended, was again ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4316)
was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted
in the affirmative, the President declared the bill (Eng. Com. Sub.
for H. B. No. 4316) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4316--A Bill to amend the code
of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18-2-5h, relating to creating the student data
accessability, transparency and accountability act; providing
definitions; state, district and school responsibilities for data
inventory; providing for data governance manager and
responsibilities; establishing parental rights to information and
providing for policies on security and access; requiring state
board rules; and establishing effect on existing data.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate and request concurrence therein.
Action as to Engrossed Committee Substitute for House Bill No. 4316
having been concluded, without objection, the Senate returned to
the third order of business.
A message from The Clerk of the House of Delegates announced the
amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2014, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 391, Providing
salary increase for teachers and school service personnel.
On motion of Senator Laird, the message on the bill was taken up
for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page four, section two, by striking out lines fifty-two through
ninety-one and inserting in lieu thereof the following:
STATE MINIMUM SALARY SCHEDULE
|
|
|
|
|
Years
|
4th
|
3rd
|
2nd
|
|
A.B.
|
|
M.A.
|
M.A.
|
M.A.
|
Doc-
|
Exp.
|
Class
|
Class
|
Class
|
A.B.
|
+15
|
M.A.
|
+15
|
+30
|
+45
|
torate
|
|
|
|
|
|
|
|
|
|
|
|
0
|
27,917
|
28,606
|
28,872
|
30,315
|
31,076
|
32,843
|
33,604
|
34,365
|
35,126
|
36,161
|
1
|
28,245
|
28,934
|
29,200
|
30,833
|
31,594
|
33,362
|
34,123
|
34,883
|
35,644
|
36,679
|
2
|
28,574
|
29,262
|
29,528
|
31,352
|
32,113
|
33,880
|
34,641
|
35,402
|
36,163
|
37,198
|
3
|
28,902
|
29,590
|
29,856
|
31,871
|
32,631
|
34,399
|
35,160
|
35,920
|
36,681
|
37,716
|
4
|
29,474
|
30,162
|
30,428
|
32,633
|
33,394
|
35,162
|
35,923
|
36,683
|
37,444
|
38,479
|
5
|
29,802
|
30,490
|
30,756
|
33,152
|
33,913
|
35,680
|
36,441
|
37,202
|
37,963
|
38,998
|
6
|
30,130
|
30,818
|
31,084
|
33,670
|
34,431
|
36,199
|
36,960
|
37,720
|
38,481
|
39,516
|
7
|
30,458
|
31,147
|
31,412
|
34,189
|
34,950
|
36,717
|
37,478
|
38,239
|
39,000
|
40,035
|
8
|
30,786
|
31,475
|
31,741
|
34,707
|
35,468
|
37,236
|
37,997
|
38,757
|
39,518
|
40,553
|
9
|
31,114
|
31,803
|
32,069
|
35,226
|
35,987
|
37,754
|
38,515
|
39,276
|
40,037
|
41,072
|
10
|
31,443
|
32,131
|
32,397
|
35,746
|
36,506
|
38,274
|
39,035
|
39,796
|
40,556
|
41,591
|
11
|
31,771
|
32,459
|
32,725
|
36,264
|
37,025
|
38,793
|
39,553
|
40,314
|
41,075
|
42,110
|
12
|
32,099
|
32,787
|
33,053
|
36,783
|
37,543
|
39,311
|
40,072
|
40,833
|
41,593
|
42,628
|
13
|
32,427
|
33,115
|
33,381
|
37,301
|
38,062
|
39,830
|
40,590
|
41,351
|
42,112
|
43,147
|
14
|
32,755
|
33,443
|
33,709
|
37,820
|
38,580
|
40,348
|
41,109
|
41,870
|
42,630
|
43,665
|
15
|
33,083
|
33,771
|
34,037
|
38,338
|
39,099
|
40,867
|
41,627
|
42,388
|
43,149
|
44,184
|
16
|
33,411
|
34,099
|
34,365
|
38,857
|
39,617
|
41,385
|
42,146
|
42,907
|
43,667
|
44,702
|
17
|
33,739
|
34,428
|
34,693
|
39,375
|
40,136
|
41,904
|
42,665
|
43,425
|
44,186
|
45,221
|
18
|
34,067
|
34,756
|
35,022
|
39,894
|
40,655
|
42,422
|
43,183
|
43,944
|
44,705
|
45,740
|
19
|
34,395
|
35,084
|
35,350
|
40,412
|
41,173
|
42,941
|
43,702
|
44,462
|
45,223
|
46,258
|
20
|
34,723
|
35,412
|
35,678
|
40,931
|
41,692
|
43,459
|
44,220
|
44,981
|
45,742
|
46,777
|
21
|
35,052
|
35,740
|
36,006
|
41,449
|
42,210
|
43,978
|
44,739
|
45,499
|
46,260
|
47,295
|
22
|
35,380
|
36,068
|
36,334
|
41,968
|
42,729
|
44,496
|
45,257
|
46,018
|
46,779
|
47,814
|
23
|
35,708
|
36,396
|
36,662
|
42,487
|
43,247
|
45,015
|
45,776
|
46,536
|
47,297
|
48,332
|
24
|
36,036
|
36,724
|
36,990
|
43,005
|
43,766
|
45,534
|
46,294
|
47,055
|
47,816
|
48,851
|
25
|
36,364
|
37,052
|
37,318
|
43,524
|
44,284
|
46,052
|
46,813
|
47,574
|
48,334
|
49,369
|
26
|
36,692
|
37,380
|
37,646
|
44,042
|
44,803
|
46,571
|
47,331
|
48,092
|
48,853
|
49,888
|
27
|
37,020
|
37,708
|
37,974
|
44,561
|
45,321
|
47,089
|
47,850
|
48,611
|
49,371
|
50,406
|
28
|
37,348
|
38,037
|
38,302
|
45,079
|
45,840
|
47,608
|
48,368
|
49,129
|
49,890
|
50,925
|
29
|
37,676
|
38,365
|
38,631
|
45,598
|
46,358
|
48,126
|
48,887
|
49,648
|
50,408
|
51,443
|
30
|
38,004
|
38,693
|
38,959
|
46,116
|
46,877
|
48,645
|
49,405
|
50,166
|
50,927
|
51,962
|
31
|
38,333
|
39,021
|
39,287
|
46,635
|
47,396
|
49,163
|
49,924
|
50,685
|
51,445
|
52,480
|
32
|
38,661
|
39,349
|
39,615
|
47,153
|
47,914
|
49,682
|
50,443
|
51,203
|
51,964
|
52,999
|
33
|
38,989
|
39,677
|
39,943
|
47,672
|
48,433
|
50,200
|
50,961
|
51,722
|
52,483
|
53,518
|
34
|
39,317
|
40,005
|
40,271
|
48,190
|
48,951
|
50,719
|
51,480
|
52,240
|
53,001
|
54,036
|
35
|
39,645
|
40,333
|
40,599
|
48,709
|
49,470
|
51,237
|
51,998
|
52,759
|
53,520
|
54,555
|
And,
By striking out the title and substituting therefor a new title,
to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 391--A Bill to
amend to amend and reenact §18A-4-2 and §18A-4-8a of the Code of
West Virginia, 1931, as amended, all relating to generally to
increasing compensation for teachers and school service personnel;
and expressing legislative goal.
Senator Unger moved to be excused from voting on any matter
pertaining to the bill under rule number forty-three of the Rules
of the Senate, which motion prevailed.
On motion of Senator Laird, the Senate concurred in the House of
Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate
Bill No. 391, as amended by the House of Delegates, was then put
upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons,
Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.
The nays were: Carmichael and McCabe--2.
Absent: None.
Excused from voting: Unger--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 391) passed with its House of
Delegates amended title.
Senator Laird moved that the bill take effect July 1, 2014.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green,
D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Walters, Wells, Williams, Yost and Kessler (Mr. President)--31.
The nays were: Carmichael and McCabe--2.
Absent: None.
Excused from voting: Unger--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 391) takes effect July 1,
2014.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
A message from The Clerk of the House of Delegates announced the
amendment by that body to the title of the bill, passage as
amended, to take effect from passage, and requested the concurrence
of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 439, Permitting Ohio County Commission levy special district excise tax for Fort Henry.
On motion of Senator Unger, the message on the bill was taken up
for immediate consideration.
The following House of Delegates amendment to the title of the bill
was reported by the Clerk:
Eng. Com. Sub. for Senate Bill No. 439--A Bill to amend and reenact
§7-22-9 and §7-22-15 of the Code of West Virginia, 1931, as
amended, all relating to county economic opportunity development
district; increasing the Fort Henry economic opportunity
development project district from three hundred to five hundred
contiguous acres of land; providing when the Fort Henry Economic
Opportunity Development District may be abolished or terminated;
providing time period during which certain economic opportunity
development districts may exist and when abolished by operation of
law; providing definitions; providing for the authority of the Tax
Commissioner; and providing effect of cessation and abolishment of
a county economic opportunity development district.
On motion of Senator Unger, the Senate concurred in the House of
Delegates amendment to the title of the bill.
Engrossed Committee Substitute for Senate Bill No. 439, as amended
by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 439) passed with its House of Delegates
amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 439) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
A message from The Clerk of the House of Delegates announced the
amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 486, Establishing salaries and providing raises for State Police forensic lab
employees.
On motion of Senator Unger, the message on the bill was taken up
for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and inserting
in lieu thereof the following:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-7. Cadet selection board; qualifications for and appointment
to membership in State Police; civilian employees;
forensic laboratory employees; salaries.
(a) The superintendent shall establish within the West Virginia
State Police a cadet selection board which shall be representative
of commissioned and noncommissioned officers within the State
Police.
(b) The superintendent shall appoint a member to the position of
trooper from among the top three names on the current list of
eligible applicants established by the cadet selection board.
(c) Preference in making appointments shall be given whenever
possible to honorably discharged members of the armed forces of the
United States and to residents of West Virginia. Each applicant
for appointment shall be a person not less than twenty-one years of
age nor more than thirty-nine years of age, of sound constitution
and good moral character and is required to pass any mental and
physical examination and meet other requirements as provided in rules promulgated by the cadet selection board: Provided, That a
former member may, at the discretion of the superintendent, be
reenlisted.
(d) No person may be barred from becoming a member of the State
Police because of his or her religious or political convictions.
(e) The superintendent shall adhere to the principles of equal
employment opportunity set forth in article eleven, chapter five of
this code and shall take positive steps to encourage applications
for State Police membership from females and minority groups within
the state. An annual report shall be filed with the Legislature on
or before January 1 of each year by the superintendent which
includes a summary of the efforts and the effectiveness of those
efforts intended to recruit females, African-Americans and other
minorities into the ranks of the State Police.
(f) Except for the superintendent, no person may be appointed or
enlisted to membership in the State Police at a grade or rank above
the grade of trooper.
(g) The superintendent shall appoint civilian employees as are
necessary and all employees may be included in the classified
service of the civil service system except those in positions
exempt under the provisions of article six, chapter twenty-nine of
this code.
(h) Effective July 1, 2001, through June 30, 2014, civilian
employees with a minimum of five years' service shall receive a
salary increase equal to $100 a year for each year of service as a
civilian employee. Every three years thereafter, civilian employees who have five or more years of service shall receive an
annual salary increase of $300. The increases in salary provided
by this subsection are in addition to any other increases to which
the civilian employees might otherwise be entitled. After June 30,
2014, the provisions of this subsection are not operative.
_______________(i) After June 30, 2014, West Virginia State Police civilian
employees with a minimum of one year service shall receive an
annual longevity salary increase equal to $500. The increases in
salary provided by this subsection are in addition to any other
increases to which the civilian employees might otherwise be
entitled.
_____(j) Effective July 1, 2014, all current West Virginia State
Police Forensic Laboratory analysts, directors and evidence
technicians shall receive a one-time, across-the-board salary
increase equal to twenty percent of their current salary.
_____(k) On or before January 1, 2018, the Director of the West
Virginia State Police Forensic Laboratory shall submit a report to
the Joint Committee on Government and Finance detailing the West
Virginia State Police Forensic Laboratory's ability to retain
employees.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 486--A Bill
to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as
amended, relating to establishing annual longevity salary increases for West Virginia State Police civilian employees; providing salary
increase for current employees within the West Virginia State
Police Forensic Laboratory; and requiring the Director of the West
Virginia State Police Forensic Laboratory to submit a report before
January 1, 2018, to the Joint Committee on Government and Finance
detailing the West Virginia State Police Forensic Laboratory's
ability to retain employees.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 486, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 486) passed with its House of
Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate again proceeded to the eighth order of business.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of
Eng. Com. Sub. for House Bill No. 4333, Relating to the
redirection of certain Lottery revenues to the State Excess Lottery
Revenue Fund.
On third reading, coming up in regular order, with the
unreported Finance committee amendment pending, and with the right
having been granted on yesterday, Friday, March 7, 2014, for
further amendments to be received on third reading, was again
reported by the Clerk.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §29-22-18d of the Code of West Virginia, 1931, as
amended, be amended and reenacted; that said code be amended by
adding thereto a new section, designated §29-22-18f; that said code
be amended by adding thereto three new sections, designated
§29-22A-10d, §29-22A-10e and §29-22A-10f; that said code be amended
by adding thereto a new section, designated §29-22C-27a; and that
said code be amended by adding thereto a new section, designated
§29-25-22b, all to read as follows:
ARTICLE 22. STATE LOTTERY ACT.
§29-22-18d. Increase in allocation to West Virginia
Infrastructure Fund from State Excess Lottery Revenue Fund.
(a) Notwithstanding any provision of subsection (d), section
eighteen-a of this article to the contrary, the deposit of $40
million into the West Virginia Infrastructure Fund set forth above
is for the fiscal year beginning July 1, 2010, only. For the fiscal
year beginning July 1, 2011, and each fiscal year thereafter, in
lieu of the deposits required under subdivision (5), subsection
(d), section eighteen-a of this article, the commission shall,
first, deposit $6 million into the West Virginia Infrastructure
Lottery Revenue Debt Service Fund created in subsection (h),
section nine, article fifteen-a, chapter thirty-one of this code,
to be spent in accordance with the provisions of that subsection,
and, second deposit $40 million into the West Virginia
Infrastructure Fund created in subsection (a), section nine,
article fifteen-a, chapter thirty-one of this code, to be spent in
accordance with the provisions of that article: Provided, That for
the fiscal year beginning July 1, 2014, the deposit to the West
Virginia Infrastructure Fund shall be $20 million: Provided
however, That notwithstanding the provisions of subsection (a),
section ten, article fifteen-a, chapter thirty-one of this code,
for the fiscal year beginning July 1, 2014, any moneys disbursed
from the West Virginia Infrastructure Fund in the form of grants
shall not exceed fifty percent of the total funds available for the
funding of projects.
_(b) Notwithstanding the provisions of subsection (h), section
eighteen-a of this article, when bonds are issued for projects under subsection (d) or (e), section eighteen-a of this article, or
for the School Building Authority, infrastructure pursuant to this
section, higher education or state park improvements pursuant to
section eighteen-e of this article that are secured by profits from
lotteries deposited in the State Excess Lottery Revenue Fund, the
Lottery Director shall allocate first to the Economic Development
Project Fund an amount equal to one tenth of the projected annual
principal, interest and coverage requirements on any and all
revenue bonds issued, or to be issued as certified to the Lottery
Director; and second, to the fund or funds from which debt service
is paid on bonds issued under section eighteen-a of this article
for the School Building Authority, infrastructure pursuant to this
section, higher education and state park improvements pursuant to
section eighteen-e of this article an amount equal to one tenth of
the projected annual principal, interest and coverage requirements
on any and all revenue bonds issued, or to be issued as certified
to the Lottery Director. In the event there are insufficient funds
available in any month to transfer the amounts required pursuant to
this subsection, the deficiency shall be added to the amount
transferred in the next succeeding month in which revenues are
available to transfer the deficiency.
§29-22-18f. Backup pledge of bonds supported by the State Lottery
Fund and the State Excess Lottery Revenue Fund.
(a) Any and all remaining funds in the State Excess Lottery
Revenue Fund after payment of debt service pursuant to sections
eighteen-a, eighteen-d and eighteen-e of this article shall be made available to pay debt service in connection with any revenue bonds
issued pursuant to section eighteen of this article, if and to the
extent needed for such purpose from time to time.
(b) Notwithstanding any other provision of this code to the
contrary, after first satisfying the requirements for funds
dedicated to pay debt service in accordance with bonds payable from
the State Lottery Fund pursuant to section eighteen of this
article, any and all remaining funds in the State Lottery Fund
shall be made available to pay debt service in connection with
revenue bonds issued pursuant to sections eighteen-a, eighteen-d,
and eighteen-e of this article, if and to the extent needed for
such purpose from time to time.
ARTICLE 22A. RACETRACK VIDEO LOTTERY ACT.
§29-22A-10d. Changes in distribution of net terminal income;
distributions from excess lottery fund.
Notwithstanding any provision of subsection (b), section ten
of this article to the contrary, for the fiscal year beginning July
1, 2014, and each fiscal year thereafter, the commission may
transfer up to $9 million as actual costs and expenses to the
Licensed Racetrack Modernization Fund, and the commission's actual
costs and expenses may include a transfer of $1 million to the
state excess lottery revenue fund created pursuant to section
eighteen-a, article twenty-two of this chapter.
(b) Notwithstanding any provision of subsection (c), section
ten of this article to the contrary, for the fiscal year beginning
July 1, 2014, and each fiscal year thereafter, each distribution, except those distributions to be made pursuant to subdivisions (1),
(3) and (7), subsection (c), section ten of this article, shall be
reduced by one hundred percent. Payments shall not be made
pursuant to section ten of this article, other than those excepted
by this subsection, and are made in lieu thereof in an amount to be
determined by appropriation.
(c) The total amount of reductions resulting from subsections
(b) of this section shall be paid into the State Excess Lottery
Revenue Fund, created by section eighteen-a, article twenty-two of
this chapter.
(d) Notwithstanding any other provision of this code to the
contrary, for the fiscal year beginning July 1, 2014, and each
fiscal year thereafter, moneys deposited to the State Excess
Lottery Revenue Fund pursuant to this section shall be expended by
the Lottery in accordance with an appropriation in each fiscal year
to benefit the parties whose distribution pursuant to section ten
of this article has been reduced by one hundred percent.
(e) Prior to payment of any appropriation made pursuant to
this section, debt service payments payable from the State Excess
Lottery Fund shall first be paid in accordance with the provisions
of sections eighteen-a, eighteen-d and eighteen-e, article twenty-
two of this chapter and in the priority as defined by those
sections.
(f) Notwithstanding any other provision of this code to the
contrary, after payment of debt service from the State Excess
Lottery Revenue Fund, all other distributions required by section eighteen-a, article twenty-two of this chapter and the
distributions appropriated pursuant to this section shall be paid
on a pro rata basis.
§29-22A-10e. Changes in distribution of excess net terminal
income; distributions from excess lottery fund.
(a) Notwithstanding any provision of subsection (a), section
ten-b of this article to the contrary, for the fiscal year
beginning July 1, 2014, and each fiscal year thereafter, each
distribution, except those distributions to be made pursuant to
subdivisions (1), (3) and (7), subsection (a), section ten-b of
this article, shall be reduced by one hundred percent. Payments
shall not be made pursuant to section ten-b of this article, other
than those excepted by this subsection, and are made in lieu
thereof in an amount to be determined by appropriation.
(b) The total amount of reductions resulting from subsection
(a) of this section shall be paid into the State Excess Lottery
Revenue Fund created in section eighteen-a, article twenty-two of
this chapter.
(c) Notwithstanding any other provision of this code to the
contrary, for the fiscal year beginning July 1, 2014, and each
fiscal year thereafter, moneys deposited to the State Excess
Lottery Revenue Fund pursuant to this section shall be expended by
the Lottery in accordance with an appropriation in each fiscal year
to benefit the parties whose distribution pursuant to section ten-b
of this article has been reduced by one hundred percent.
(d) Prior to payment of any appropriation made pursuant to this section, debt service payments payable from the State Excess
Lottery Fund shall first be paid in accordance with the provisions
of sections eighteen-a, eighteen-d and eighteen-e, article twenty-
two of this chapter and in the priority as defined by those
sections.
(e) Notwithstanding any other provision of this code to the
contrary, after payment of debt service from the State Excess
Lottery Revenue Fund, all other distributions required by section
eighteen-a, article twenty-two of this chapter and the
distributions appropriated pursuant to this section shall be paid
on a pro rata basis.
§29-22A-10f. Changes in distribution of surcharge; distributions
from excess lottery fund.
(a) Notwithstanding any provision of subsection (b), section
ten-c of this article to the contrary, for the fiscal year
beginning July 1, 2014, and each fiscal year thereafter, each
distribution under section ten-c of this article shall be reduced
by one hundred percent. Payments shall not be made pursuant to
section ten-c of this article, other than those excepted by this
subsection, and are made in lieu thereof in an amount to be
determined by appropriation.
(b) The total amount of reductions resulting from subsection
(a) of this section shall be paid into the State Excess Lottery
Revenue Fund created in section eighteen-a, article twenty-two of
this chapter.
(c) Notwithstanding any other provision of this code to the contrary, for the fiscal year beginning July 1, 2014, and each
fiscal year thereafter, moneys deposited to the State Excess
Lottery Revenue Fund pursuant to this section shall be expended by
the Lottery in accordance with an appropriation in each fiscal year
from to benefit the parties whose distribution pursuant to section
ten-c of this article has been reduced by one hundred percent.
(d) Prior to payment of any appropriation made pursuant to
this section, debt service payments payable from the State Excess
Lottery Fund shall first be paid in accordance with the provisions
of sections eighteen-a, eighteen-d and eighteen-e, article twenty-
two of this chapter and in the priority as defined by those
sections.
(e) Notwithstanding any other provision of this code to the
contrary, after payment of debt service from the State Excess
Lottery Revenue Fund, all other distributions required by section
eighteen-a, article twenty-two of this chapter and the
distributions appropriated pursuant to this section shall be paid
on a pro rata basis.
ARTICLE 22C. WEST VIRGINIA LOTTERY RACETRACK TABLE GAMES ACT.
§29-22C-27a. Changes in distribution of adjusted gross receipts;
distributions from excess lottery fund.
(a) Notwithstanding any provision of section twenty-seven of
this article to the contrary, for the fiscal year beginning July 1,
2014, and each fiscal year thereafter, each distribution, except
subdivisions (1), (4), (5), (6) and (7), subsection (c), and each
distribution expressed as a percentage of net amounts found in subsection (d) of that section, except subdivisions (3) and (4) of
that subsection, shall be reduced by one hundred percent. Payments
shall not be made pursuant to section twenty-seven of this article,
other than those excepted by this subsection, and are made in lieu
thereof in an amount to be determined by appropriation.
(b) The total amount of reductions resulting from subsection
(a) of this section shall be paid into the State Excess Lottery
Revenue Fund created in section eighteen-a, article twenty-two of
this chapter.
(c) Notwithstanding any other provision of this code to the
contrary, for the fiscal year beginning July 1, 2014, and each
fiscal year thereafter, moneys deposited to the State Excess
Lottery Revenue Fund pursuant to this section shall be expended by
the Lottery in accordance with an appropriation in each fiscal year
from accounts created to benefit the parties whose distribution
pursuant to section twenty-seven of this article has been reduced
by one hundred percent.
(d) Prior to payment of any appropriation made pursuant to
this section, debt service payments payable from the State Excess
Lottery Fund shall first be paid in accordance with the provisions
of sections eighteen-a, eighteen-d and eighteen-e, article twenty-
two of this chapter and in the priority as defined by those
sections.
(e) Notwithstanding any other provision of this code to the
contrary, after payment of debt service from the State Excess
Lottery Revenue Fund, all other distributions required by section eighteen-a, article twenty-two of this chapter and the
distributions appropriated pursuant to this section shall be paid
on a pro rata basis.
ARTICLE 25. AUTHORIZED GAMING FACILITY.
§29-25-22b. Changes in distribution of adjusted gross receipts
and additional income; distributions from excess
lottery fund.
(a) Notwithstanding any provision of section twenty-two of
this article to the contrary, for the fiscal year beginning July 1,
2014, and each fiscal year thereafter, after payment of the
commission's expenses pursuant to subsection (b), section
twenty-two of this article, each distribution made in subsection
(c), section twenty-two of this article from gross terminal income,
and each distribution of the balance of the Historic Resort Hotel
Fund made in subsection (d), section twenty-two of this article,
except subdivisions (4), (5) (6), (7) and (8) of that subsection,
shall be reduced by one hundred percent. Payments shall not be
made pursuant to section twenty-two of this article, other than
those excepted by this subsection, and are made in lieu thereof in
an amount to be determined by appropriation.
(b) Notwithstanding any provision of section twenty-two-a of
this article to the contrary, for the fiscal year beginning July 1,
2014, and each fiscal year thereafter, each distribution made in
subsection (a), section twenty-two-a of this article shall be
reduced by one hundred percent. Payments shall not be made
pursuant to section twenty-two-a of this article, other than those excepted by this subsection, and are made in lieu thereof in an
amount to be determined by appropriation.
(c) The total amount of reductions resulting from subsections
(a) and (b) of this section shall be paid into the State Excess
Lottery Revenue Fund created in section eighteen-a, article
twenty-two of this chapter.
(d) Notwithstanding any other provision of this code to the
contrary, for the fiscal year beginning July 1, 2014, and each
fiscal year thereafter, moneys deposited to the State Excess
Lottery Revenue Fund pursuant to this section shall be expended by
the Lottery in accordance with an appropriation in each fiscal year
to benefit the parties whose distribution pursuant to sections
twenty-two and twenty-two-a of this article has been reduced by one
hundred percent.
(e) Prior to payment of any appropriation made pursuant to
this section, debt service payments payable from the State Excess
Lottery Fund shall first be paid in accordance with the provisions
of section eighteen-a, eighteen-d and eighteen-e, article twenty-
two of this chapter and in the priority as defined by those
sections.
(f) Notwithstanding any other provision of this code to the
contrary, after payment of debt service from the State Excess
Lottery Revenue Fund, all other distributions required by section
eighteen-a, article twenty-two of this chapter and the
distributions appropriated pursuant to this section shall be paid
on a pro rata basis.
On motion of Senator Blair, the following amendment to the
Finance committee amendment to the bill (Eng. Com. Sub. for H. B.
No. 4333) was next reported by the Clerk:
On page twelve, section twenty-two-b, after subsection (f), by
adding a new subsection, designated subsection (g), to read as
follows:
(g) Notwithstanding any other provision of this code to the
contrary, any funds expended pursuant to the provisions of this
chapter shall be exempt the provisions of article five-a, chapter
twenty-one of this code; in lieu thereof, wages for public
improvements funded through the expenditure of funds as provided
for in this chapter shall be based upon wage data for the State of
West Virginia as published by the United States Department of
Labor, Bureau of Labor Statistics.
Senator Plymale arose to a point of order that Senator Blair's
amendment to the Finance committee amendment was not germane to the
bill.
Which point of order, the President ruled well taken.
On motion of Senator Prezioso, the following amendments to the
Finance committee amendment to the bill (Eng. Com. Sub. for H. B.
No. 4333) were next reported by the Clerk, considered
simultaneously, and adopted:
On page four, section ten-d, line fourteen, before the words
"Notwithstanding any provision of subsection (b)" by inserting
"(a)";
On page five, section ten-d, subsection (b), after "(3)" by inserting a comma and "(4)";
On page six, section ten-e, subsection (a), after "(3)" by
inserting a comma and "(4)";
And,
On page nine, section twenty-seven-a, subsection (a), after
the words "section, except subdivisions" by inserting "(2),".
On motion of Senator Snyder, the following amendments to the
Finance committee amendment to the bill (Eng. Com. Sub. for H. B.
No. 4333), as amended, were next reported by the Clerk and
considered simultaneously:
On page five, section ten-d, subsection (b), by striking out
"(1), (3)" and inserting in lieu thereof "(1), (2), (3), (5)";
On page five, section ten-d, subsection (b), after the words
"one hundred percent" by changing the period to a colon and
inserting the following proviso: Provided, That for the fiscal
year beginning July 1, 2014, and each year thereafter, those
distributions to be made pursuant to subdivisions (2) and (5),
subsection (c), section ten of this article shall be reduced by ten
percent.;
On page six, section ten-e, subsection (a), by striking out
"(1), (3)" and inserting in lieu thereof "(1), (2), (3), (5)";
On page six, section ten-e, subsection (a), after the words
"one hundred percent" by changing the period to a colon and
inserting the following proviso: Provided, That for the fiscal year
beginning July 1, 2014, and each year thereafter, those
distributions to be made pursuant to subdivisions (2) and (5), subsection (a), section ten-b of this article shall be reduced by
ten percent.;
On page nine, section twenty-seven-a, section (a), after "(1)"
by inserting "(2), (3),";
And,
On page nine, section twenty-seven-a, section (a), after the
words "one hundred percent" by changing the period to a colon and
inserting the following proviso: Provided, That for the fiscal
year beginning July 1, 2014, and each year thereafter, those
distributions to be made pursuant to subdivisions (2) and (3),
subsection (c), section twenty-seven of this article shall be
reduced by ten percent.
Following discussion,
Senator Plymale moved the previous question, which motion
prevailed.
The previous question having been ordered, that being on the
adoption of Senator Snyder's amendment to the bill, as amended, the
same was put.
The result of the voice vote being inconclusive, Senator
Prezioso demanded a division of the vote.
A standing vote being taken, there were seventeen "yeas" and
seventeen "nays".
Whereupon, the President declared Senator Snyder's amendment
to the bill rejected on a tie vote.
The question now being on the adoption of the Finance
committee amendment to the bill, as amended, the same was put and prevailed.
The bill, as just amended, was again ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4333) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Boley,
Cann, Carmichael, Chafin, Cole, Edgell, Facemire, Green, D. Hall,
M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo,
Plymale, Prezioso, Stollings, Sypolt, Tucker, Walters, Wells,
Williams and Kessler (Mr. President)--27.
The nays were: Barnes, Blair, Cookman, Fitzsimmons, Snyder,
Unger and Yost--7.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4333) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4333--A Bill to amend and
reenact §29-22-18d of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated §29-
22-18f; to amend said code by adding thereto three new sections,
designated §29-22A-10d, §29-22A-10e and §29-22A-10f; to amend said
code by adding thereto a new section, designated §29-22C-27a; and
to amend said code by adding thereto a new section, designated
§29-25-22b, all relating to the transfer of certain revenues
derived from lottery activities generally; reducing the distribution to the West Virginia Infrastructure Fund to $20
million for fiscal year 2015 and increasing the percentage of funds
available for grants therefrom; providing a backup pledge of bonds
supported by the State Lottery Fund and State Excess Lottery
Revenue Fund; transferring certain revenues derived from racetrack
video lottery, lottery racetrack table games and lottery historic
hotel gaming facility activities to the State Excess Lottery
Revenue Fund for appropriation; and authorizing distributions be
paid on a pro rata basis.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the adoption by that body of the committee of conference report,
passage as amended by the conference report, and requested the
concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill No. 4236, Sexual assault nurse
examination network.
Whereupon, Senator Kirkendoll, from the committee of
conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 4236, Sexual assault nurse
examination network.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendments of the Senate to Engrossed Committee Substitute for House Bill No. 4236 having met, after full
and free conference, have agreed to recommend and do recommend to
their respective houses, as follows:
That both houses recede from their respective positions as to
the amendment of the Senate, striking out everything after the
enacting clause, and agree to the same as follows:
ARTICLE 9B. SEXUAL ASSAULT EXAMINATION NETWORK.
§15-9B-1. Sexual Assault Forensic Examination Commission.
(a) There is created within the Governor's Committee on Crime,
Delinquency and Correction the Sexual Assault Forensic Examination
Commission. The purpose of the commission is to establish, manage
and monitor a statewide system to facilitate the timely and
efficient collection of forensic evidence in sexual assault cases.
(b) The commission shall be chaired by the director of the
Division of Justice and Community Service. Membership on the
commission shall consist of the following:
(1) A representative chosen from the membership of the West
Virginia Prosecuting Attorney's Association;
(2) A representative chosen from the membership of the West
Virginia Association of Counties;
(3) The Commissioner of the Bureau of Public Health, or his or
her designee;
(4) A representative from the State Police crime laboratory;
(5) A representative from the membership of the West Virginia
Child Advocacy Network;
(6) The President of the West Virginia Hospital Association, or his or her designee;
(7) A representative from the membership of the West Virginia
Foundation for Rape and Information Services;
(8) A representative of the West Virginia University Forensic
and Investigative Sciences Program; and
(9) A representative of the Marshall University Forensic
Science Center.
If any of the representative organizations cease to exist, the
director may select a person from a similar organization.
The director may appoint the following additional members of
the commission, as needed:
(1) An emergency room physician;
(2) A victim advocate from a rape crisis center;
(3) A sexual assault nurse examiner;
(4) A law-enforcement officer with experience in sexual
assault investigations;
(5) A health care provider with pediatric and child abuse
expertise; and
(6) A director of a child advocacy center.
(c) The commission shall establish mandatory statewide
protocols for conducting sexual assault forensic examinations,
including designating locations and providers to perform forensic
examinations, establishing minimum qualifications and procedures
for performing forensic examinations and establishing protocols to
assure the proper collection of evidence.
(d) As used in this article, the word "commission" means the Sexual Assault Forensic Examination Commission.
§15-9B-2. Powers and duties of the commission.
(a) The commission shall facilitate the recruitment and
retention of qualified health care providers that are properly
qualified to conduct forensic examinations. The commission shall
work with county and regional officials to identify areas of
greatest need and develop and implement recruitment and retention
programs to help facilitate the effective collection of evidence.
(b) The commission shall authorize minimum training
requirements for providers conducting exams and establish a basic
standard of care for victims of sexual assault. The commission may
adopt necessary and reasonable requirements relating to
establishment of a statewide training and forensic examination
system, including, but not limited to, developing a data collection
system to monitor adherence to established standards, assisting
exam providers receive training and support services, advocating
the fair and reasonable reimbursement to exam providers and to
facilitate transportation services for victims to get to and from
designated exam locations.
(c) The commission shall approve local plans for each area of
the state on a county or regional basis. If the commission deems
necessary, it may add or remove a county or portion thereof from a
region to assure that all areas of the state are included in an
appropriate local plan. Upon the failure of any county or local
region to propose a plan, the commission may implement a plan for
that county or region.
(d) Once a plan is approved by the commission, it can only be
amended or otherwise altered as provided the rules authorized
pursuant to subsection (e) of this section. Designated facilities
and organizations providing services shall give the commission
thirty days advance notice of their intent to withdraw from the
plan. If there is a change of circumstances, that would require a
change in a county or regional plan, the members of the local board
and the state commission shall be notified.
(e) The commission may propose rules for legislative approval,
in accordance with article three, chapter twenty-nine-a of this
code, necessary to implement this article.
§15-9B-3. Local Sexual Assault Forensic Examination Boards.
Each county prosecutor, or his or her designee, shall convene
a Sexual Assault Forensic Examination Board, or may, as an
alternative, convene and chair the sexual assault response team in
the county to act as the Sexual Assault Forensic Examination Board.
If a regional board is authorized, all county prosecutors from the
designated area shall be members of the board. The prosecutors
shall assure that each board be proportionally representative of
the designated region. Each board may vary in membership, but
should include representatives from local health care facilities,
local law enforcement, multidisciplinary investigative teams,
county and municipal governments and victims advocates. Each
county or regional board shall develop a local plan and protocols
for the area, which will address, at a minimum, the following:
(1) Identify facilities that are appropriate for receipt and treatment of sexual assault victims;
(2) Evaluate the needs and available resources of the area,
including the number of qualified physicians or nurses, or both, to
facilitate and encourage 24-hour, seven-day-a-week coverage;
(3) If availability of services are limited, or the remoteness
of the region causes lack of adequate examination facilities or
personnel, the local boards may designate local government or other
resources to provide appropriate transport of victims to facilities
where the victim can receive a timely and appropriate forensic
examination; and
(4) Develop an alternative plan in case there is a change in
circumstances to ensure continuity of service.
Respectfully submitted,
Barbara Evans Fleischauer, Chair, Stephen Skinner, John N.
Ellem, Conferees on the part of the House of Delegates.
Art Kirkendoll, Chair, Donald H. Cookman, Mitch Carmichael,
Conferees on the part of the Senate.
On motions of Senator Kirkendoll, severally made, the report
of the committee of conference was taken up for immediate
consideration and adopted.
Engrossed Committee Substitute for House Bill No. 4236, as
amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were:
Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole,
Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall,
Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4236) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the adoption by that body of the committee of conference report,
passage as amended by the conference report with its conference
amended title, and requested the concurrence of the Senate in the
adoption thereof, as to
Eng. Com. Sub. for House Bill No. 4298, Changing the
experience requirements of the composition of the members of the
West Virginia Ethics Commission.
Whereupon, Senator Williams, from the committee of conference
on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 4298, Changing the
experience requirements of the composition of the members of the
West Virginia Ethics Commission.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendments of the Senate to Engrossed
Committee Substitute for House Bill No. 4298 having met, after full and free conference, have agreed to recommend and do recommend to
their respective houses, as follows:
That both houses recede from their respective positions as to
the amendment of the Senate, striking out everything after the
enacting section, and agree to the same as follows:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES;
DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND
EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES; CODE OF CONDUCT
FOR ADMINISTRATIVE LAW JUDGES.
§6B-2-1. West Virginia Ethics Commission created; members;
appointment, term of office and oath; compensation
and reimbursement for expenses; meetings and quorum.
(a) There is hereby created the The West Virginia Ethics
Commission is continued. consisting of twelve members, no more than
seven of whom shall be members of the same political party. The
members of the commission shall be appointed by the Governor with
the advice and consent of the Senate. Within thirty days of the
effective date of this section, the Governor shall make the initial
appointments to the commission.
(b) No person may be appointed to the commission or continue
to serve as a member of the commission who:
(1) Holds elected or appointed office under the government of
the United States, the State of West Virginia or any of its
political subdivisions; or who is
(2) Is a candidate for any of those offices political office;
who is employed as a registered lobbyist, or who is
(3) Is otherwise subject to the provisions of this chapter
other than by reason of his or her appointment to or service on the
commission; or A member may contribute to a political campaign,
but no member shall hold
(4) Holds any political party office or participate
participates in a campaign relating to a referendum or other ballot
issue: Provided, That a member may contribute to a political
campaign.
(b) At least two members of the commission shall have served
as a member of the West Virginia Legislature; at least two members
of the commission shall have been employed in a full-time elected
or appointed office in state government; at least one member shall
have served as an elected official in a county or municipal
government or on a county school board; at least one member shall
have been employed full-time as a county or municipal officer or
employee; and at least two members shall have served part time as
a member or director of a state, county or municipal board,
commission or public service district and at least four members
shall be selected from the public at large. No more than four
members of the commission shall reside in the same congressional
district.
(c) Of the initial appointments made to the commission, two
shall be for a term ending one year after the effective date of
this section, two for a term ending two years after the effective
date of this section, two for a term ending three years after the
effective date of this section, three for a term ending four years after the effective date of this section and three shall be for
terms ending five years after the effective date of this section.
Thereafter, terms of office shall be for five years, each term
ending on the same day of the same month of the year as did the
term which it succeeds. Each member shall hold office from the
date of his or her appointment until the end of the term for which
he or she was appointed or until his or her successor qualifies for
office. When a vacancy occurs as a result of death, resignation or
removal in the membership of this commission, it shall be filled by
appointment within thirty days of the vacancy for the unexpired
portion of the term in the same manner as original appointments.
(c) Commencing July 1, 2014, the Ethics Commission shall
consist of the following nine members, appointed with staggered
terms:
_(1) One member who served as a member of the West Virginia
Legislature;
_(2) One member who served as an elected or appointed county
official;
_(3) One member who served as an elected or appointed municipal
official;
_(4) One member who served as an elected county school board
member;
_(5) One member from a rural area; and
_(6) Four citizen members.
_(d) Any commission member in office on June 30, 2014, who
meets one of the categories for membership set out in subsection (c) of this section, may be reappointed. No more than five members
of the commission shall be of the same political party and no more
than four members shall be from the same congressional district.
_(e) After the initial staggered terms, the term of office for
a commission member is five years. No member shall serve more than
two consecutive full or partial terms. and no No person may be
reappointed to the commission until at least two years have elapsed
after the completion of a the second successive consecutive term.
A member may continue to serve until a successor has been appointed
and qualified.
_(f) All appointments shall be made by the Governor in a timely
manner so as not to create a vacancy for longer than sixty days.
_(g) Each member must be a resident of this state during the
appointment term.
_(h) Five members of the commission constitutes a quorum.
_(d) (i) Each member of the commission shall take and subscribe
to the oath or affirmation required pursuant to section five,
article IV of the Constitution of West Virginia.
(j) A member may be removed by the Governor for substantial
neglect of duty, gross misconduct in office or a violation of this
chapter, after written notice and opportunity for reply.
(e) (k) The commission, as appointed on July 1, 2014, shall
meet within thirty days of the initial appointments to the
commission before August 1, 2014, at a time and place to be
determined by the Governor, who shall designate a member to preside
at that meeting until a chairman chairperson is elected. At it's the first meeting, the commission shall elect a chairman
chairperson and any other officers as are necessary. The
commission shall within ninety days after it's the first meeting
adopt rules for its procedures. The commission may use the rules
in place on July 1, 2014, until those rules are amended or revoked.
_(f) Seven members of the commission shall constitute a quorum,
except that when the commission is sitting as a hearing board
pursuant to section four of this article, then five members shall
constitute a quorum. Except as may be otherwise provided in this
article, a majority of the total membership shall be necessary to
act at all times.
(g) (l) Members of the commission shall receive the same
compensation and expense reimbursement as is paid to members of the
Legislature for their interim duties as recommended by the Citizens
Legislative Compensation Commission and authorized by law for each
day or portion thereof engaged in the discharge of official duties:
Provided, That to be eligible for compensation and expense
reimbursement, the member must participate in a meeting or
adjudicatory session: Provided, however, That the member is not
eligible for expense reimbursement if he or she does not attend a
meeting or adjudicatory session in person.
(h) (m) The commission shall appoint an executive director to
assist the commission in carrying out its functions in accordance
with commission rules and with applicable law. The executive
director shall be paid a salary fixed by the commission or as
otherwise provided by law. The commission shall appoint and discharge counsel and employees and shall fix the compensation of
employees and prescribe their duties. Counsel to the commission
shall advise the commission on all legal matters and on the
instruction of the commission may commence appropriate civil
actions: Provided, That no counsel shall both advise the
commission and act in a representative capacity in any proceeding.
(i) (n) The commission may delegate authority to the chairman
chairperson or the executive director to act in the name of the
commission between meetings of the commission, except that the
commission shall not delegate the power to hold hearings and
determine violations to the chairman chairperson or the executive
director.
(j) (o) The principal office of the commission shall be in the
seat of government, but it or its designated subcommittees may meet
and exercise its power at any other place in the state. Meetings
of the commission shall be public unless:
(1) They are required to be private by the provisions of this
chapter relating to confidentiality; or
(2) They involve discussions of commission personnel, planned
or ongoing litigation, and planned or ongoing investigations.
(k) (p) Meetings of the commission shall be upon the call of
the chair chairperson and may be conducted by telephonic or other
electronic conferencing means: Provided, That telephone or other
electronic conferencing, and voting are not permitted when the
commission is acting as a hearing board under section four of this
article, or when the Probable Cause Review Board meets to receive an oral response as authorized under subsection (d), section four
of this article. Members shall be given notice of meetings held by
telephone or other electronic conferencing in the same manner as
meetings at which the members are required to attend in person.
Telephone or other electronic conferences shall be electronically
recorded and the recordings shall be retained by the commission in
accordance with its record retention policy.;
And,
That both houses recede from their respective positions as to
the title of the bill and agree to a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4298--A Bill to amend and
reenact §6B-2-1 of the Code of West Virginia, 1931, as amended,
relating to the West Virginia Ethics Commission; continuing the
Ethics Commission; changing the requirements of who can be a member
of the Ethics Commission; reducing the number of members on the
Ethics Commission to nine; and changing the composition of the
membership.
Respectfully submitted,
Mark Hunt, Chair, John Pino, John N. Ellem, Conferees on the
part of the House of Delegates.
Bob Williams, Chair, Ronald F. Miller, Dave Sypolt, Conferees
on the part of the Senate.
Senator Williams, Senate cochair of the committee of
conference, was recognized to explain the report.
Thereafter, on motion of Senator Williams, the report was
taken up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 4298, as
amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were:
Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole,
Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall,
Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4298) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2014, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 458, Dedicating certain
circuit court fees to fund low-income persons' civil legal
services.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1. FEES AND ALLOWANCES.
§59-1-11. Fees to be charged by clerk of circuit court.
(a) The clerk of a circuit court shall charge and collect for
services rendered by the clerk the following fees which shall be
paid in advance by the parties for whom services are to be
rendered:
(1) For Except as provided in subdivisions (2) and (3) of this
subsection, for instituting any civil action under the Rules of
Civil Procedure, any statutory summary proceeding, any
extraordinary remedy, the docketing of civil appeals or removals of
civil cases from magistrate court or any other action, cause, suit
or proceeding, $155 $200, of which $30 shall be deposited in the
Courthouse Facilities Improvement Fund created by section six,
article twenty-six, chapter twenty-nine of this code and $45 shall
be deposited in the special revenue account designated the Fund for
Civil Legal Services for Low Income Persons, established by
paragraph (B), subdivision (4), subsection (c), section ten of this
article and $20 deposited in the special revenue account created in
section six hundred three, article twenty-six, chapter forty-eight
of this code to provide legal services for domestic violence
victims;
(2) For instituting an action for medical professional
liability, $280, of which $10 shall be deposited in the Courthouse
Facilities Improvement Fund created by section six, article twenty-
six, chapter twenty-nine of this code;
(3) Beginning on and after July 1, 1999, for instituting an
action for divorce, separate maintenance or annulment, $135;
(4) For petitioning for the modification of an order involving
child custody, child visitation, child support or spousal support,
$85; and
(5) For petitioning for an expedited modification of a child
support order, $35; and
_(6) For filing any pleading that includes a counterclaim,
cross claim, third-party complaint or motion to intervene, $200,
which shall be deposited in the special revenue account designated
the Fund for Civil Legal Services for Low Income Persons,
established by paragraph (B), subdivision (4), subsection (c),
section ten of this article: Provided, That this subdivision and
the fee it imposes does not apply in family court cases nor may
more than one such fee be imposed on any one party in any one civil
action.
(b) In addition to the foregoing fees, the following fees
shall be charged and collected:
(1) For preparing an abstract of judgment, $5;
(2) For a transcript, copy or paper made by the clerk for use
in any other court or otherwise to go out of the office, for each
page, $1;
(3) For issuing a suggestion and serving notice to the debtor
by certified mail, $25;
(4) For issuing an execution, $25;
(5) For issuing or renewing a suggestee execution and serving notice to the debtor by certified mail, $25;
(6) For vacation or modification of a suggestee execution, $1;
(7) For docketing and issuing an execution on a transcript of
judgment from magistrate court, $3;
(8) For arranging the papers in a certified question, writ of
error, appeal or removal to any other court, $10, of which $5 shall
be deposited in the Courthouse Facilities Improvement Fund created
by section six, article twenty-six, chapter twenty-nine of this
code;
(9) For each subpoena, on the part of either plaintiff or
defendant, to be paid by the party requesting the same, $0.50;
(10) For additional service, plaintiff or appellant, where any
case remains on the docket longer than three years, for each
additional year or part year, $20; and
(11) For administering funds deposited into a federally
insured interest-bearing account or interest-bearing instrument
pursuant to a court order, $50, to be collected from the party
making the deposit. A fee collected pursuant to this subdivision
shall be paid into the general county fund.
(c) In addition to the foregoing fees, a fee for the actual
amount of the postage and express may be charged and collected for
sending decrees, orders or records that have not been ordered by
the court to be sent by mail or express.
(d) The clerk shall tax the following fees for services in a
criminal case against a defendant convicted in such court:
(1) In the case of a misdemeanor, $85; and
(2) In the case of a felony, $105, of which $10 shall be
deposited in the Courthouse Facilities Improvement Fund created by
section six, article twenty-six, chapter twenty-nine of this code.
(e) The clerk of a circuit court shall charge and collect a
fee of $25 per bond for services rendered by the clerk for
processing of criminal bonds and the fee shall be paid at the time
of issuance by the person or entity set forth below:
(1) For cash bonds, the fee shall be paid by the person
tendering cash as bond;
(2) For recognizance bonds secured by real estate, the fee
shall be paid by the owner of the real estate serving as surety;
(3) For recognizance bonds secured by a surety company, the
fee shall be paid by the surety company;
(4) For ten-percent recognizance bonds with surety, the fee
shall be paid by the person serving as surety; and
(5) For ten-percent recognizance bonds without surety, the fee
shall be paid by the person tendering ten percent of the bail
amount.
In instances in which the total of the bond is posted by more
than one bond instrument, the above fee shall be collected at the
time of issuance of each bond instrument processed by the clerk and
all fees collected pursuant to this subsection shall be deposited
in the Courthouse Facilities Improvement Fund created by section
six, article twenty-six, chapter twenty-nine of this code. Nothing
in this subsection authorizes the clerk to collect the above fee
from any person for the processing of a personal recognizance bond.
(f) The clerk of a circuit court shall charge and collect a
fee of $10 for services rendered by the clerk for processing of
bailpiece and the fee shall be paid by the surety at the time of
issuance. All fees collected pursuant to this subsection shall be
deposited in the Courthouse Facilities Improvement Fund created by
section six, article twenty-six, chapter twenty-nine of this code.
(g) No clerk is required to handle or accept for disbursement
any fees, cost or amounts of any other officer or party not payable
into the county treasury except on written order of the court or in
compliance with the provisions of law governing such fees, costs or
accounts.
(h) Fees for removal of civil cases from magistrate court
shall be collected by the magistrate court when the case is still
properly before the magistrate court. The magistrate court clerk
shall forward the fees collected to the circuit court clerk.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 458--A Bill to amend and
reenact §59-1-11 of the Code of West Virginia, 1931, as amended,
relating to certain fees in the circuit courts of the state to be
dedicated to the support of civil legal services for low-income
persons by depositing certain fees in the preexisting Fund for
Civil Legal Services for Low Income Persons; requiring the civil
action filing fee apply to removal of cases from magistrate court;
increasing the civil action filing fee; creating a new fee associated with certain civil court filings; creating exceptions;
and providing for the collection of certain fees by magistrate
court.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 458, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 458) passed with its House of Delegates
amended title.
Senator Unger moved that the bill take effect July 1, 2014.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 458) takes effect July 1, 2014.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 12, Relating to expedited
partner therapy treatment.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 4F. EXPEDITED PARTNER THERAPY.
§16-4F-1. Definitions.
As used in this article, unless the context otherwise
indicates, the following terms have the following meanings:
(1) "Department" means the West Virginia Department of Health
and Human Resources.
(2) "Expedited partner therapy" means prescribing, dispensing,
furnishing or otherwise providing prescription antibiotic drugs to
the sexual partner or partners of a person clinically diagnosed as
infected with a sexually transmitted disease without physical
examination of the partner or partners.
(3) "Health care professional" means:
(A) An allopathic physician licensed pursuant to the
provisions of article three, chapter thirty of this code;
(B) An osteopathic physician licensed pursuant to article
fourteen, chapter thirty of this code;
(C) A physician assistant licensed pursuant to the provisions
of section sixteen, article three, chapter thirty of this code or
article fourteen-a, chapter thirty of this code;
(D) An advanced practice registered nurse authorized with
prescriptive authority pursuant to the provisions of section
fifteen-a, article seven, chapter thirty of this code; or
(E) A pharmacist licensed pursuant to the provisions of
article five, chapter thirty of this code.
(4) "Sexually transmitted disease" means a disease that may be
treated by expedited partner therapy as determined by rule of the
department.
§16-4F-2. Expedited partner therapy.
(a) Notwithstanding any other provision of law to the
contrary, a health care professional who makes a clinical diagnosis
of a sexually transmitted disease may, but is not required to,
provide expedited partner therapy for the treatment of the sexually transmitted disease if in the judgment of the health care
professional the sexual partner is unlikely or unable to present
for comprehensive health care, including evaluation, testing and
treatment for sexually transmitted diseases. Expedited partner
therapy is limited to a sexual partner who may have been exposed to
a sexually transmitted disease within the previous sixty days and
who is able to be contacted by the patient.
(b) Any health care professional who provides expedited
partner therapy shall comply with all necessary provisions of
article four of this chapter.
(c) A health care professional who provides expedited partner
therapy shall provide counseling for the patient, including advice
that all women and symptomatic persons, and in particular women
with symptoms suggestive of pelvic inflammatory disease, are
encouraged to seek medical attention. The health care professional
shall also provide in written or electronic format materials
provided by the department to be given by the patient to his or her
sexual partner.
§16-4F-3. Informational materials.
(a) The department shall provide information and technical
assistance as appropriate to health care professionals who provide
expedited partner therapy. The department shall develop and
disseminate in electronic and other formats the following written
materials:
(1) Informational materials for sexual partners, as described
in subsection (c), section two of this article;
(2) Informational materials for persons who are repeatedly
diagnosed with sexually transmitted diseases; and
(3) Guidance for health care professionals on the safe and
effective provision of expedited partner therapy.
(b) The department may offer educational programs about
expedited partner therapy for health care professionals.
§16-4F-4. Limitation of liability; no requirement to fill improper
prescriptions.
(a) A health care professional who provides expedited partner
therapy in good faith without fee or compensation under this
article and provides counseling and written materials as required
in subsection (c), section two of this article, is not subject to
civil or professional liability in connection with the provision of
the therapy, counseling and materials, except in the case of gross
negligence or willful misconduct.
(b) A pharmacist or pharmacy is not required to fill a
prescription that would cause that pharmacist or pharmacy to
violate any provision of the provisions of article five, chapter
thirty of this code.
§16-4F-5. Rulemaking.
The Secretary of the Department of Health and Human Resources
shall propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code to
designate certain diseases as sexually transmitted diseases which
may be treated by expedited partner therapy. The department shall
consider the recommendations and classifications of the federal Department of Health and Human Services, Centers for Disease
Control and Prevention and other nationally recognized medical
authorities in making these designations.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-14. Professional discipline of physicians and podiatrists;
reporting of information to board pertaining to
medical professional liability and professional
incompetence required; penalties; grounds for
license denial and discipline of physicians and
podiatrists; investigations; physical and mental
examinations; hearings; sanctions; summary
sanctions; reporting by the board; reapplication;
civil and criminal immunity; voluntary limitation of
license; probable cause determinations.
(a) The board may independently initiate disciplinary
proceedings as well as initiate disciplinary proceedings based on
information received from medical peer review committees,
physicians, podiatrists, hospital administrators, professional
societies and others.
The board may initiate investigations as to professional
incompetence or other reasons for which a licensed physician or
podiatrist may be adjudged unqualified based upon criminal
convictions; complaints by citizens, pharmacists, physicians,
podiatrists, peer review committees, hospital administrators,
professional societies or others; or unfavorable outcomes arising out of medical professional liability. The board shall initiate an
investigation if it receives notice that three or more judgments,
or any combination of judgments and settlements resulting in five
or more unfavorable outcomes arising from medical professional
liability have been rendered or made against the physician or
podiatrist within a five-year period. The board may not consider
any judgments or settlements as conclusive evidence of professional
incompetence or conclusive lack of qualification to practice.
(b) Upon request of the board, any medical peer review
committee in this state shall report any information that may
relate to the practice or performance of any physician or
podiatrist known to that medical peer review committee. Copies of
the requests for information from a medical peer review committee
may be provided to the subject physician or podiatrist if, in the
discretion of the board, the provision of such copies will not
jeopardize the board's investigation. In the event that copies are
provided, the subject physician or podiatrist is allowed fifteen
days to comment on the requested information and such comments must
be considered by the board.
The chief executive officer of every hospital shall, within
sixty days after the completion of the hospital's formal
disciplinary procedure and also within sixty days after the
commencement of and again after the conclusion of any resulting
legal action, report in writing to the board the name of any member
of the medical staff or any other physician or podiatrist
practicing in the hospital whose hospital privileges have been revoked, restricted, reduced or terminated for any cause, including
resignation, together with all pertinent information relating to
such action. The chief executive officer shall also report any
other formal disciplinary action taken against any physician or
podiatrist by the hospital upon the recommendation of its medical
staff relating to professional ethics, medical incompetence,
medical professional liability, moral turpitude or drug or alcohol
abuse. Temporary suspension for failure to maintain records on a
timely basis or failure to attend staff or section meetings need
not be reported. Voluntary cessation of hospital privileges for
reasons unrelated to professional competence or ethics need not be
reported.
Any managed care organization operating in this state which
provides a formal peer review process shall report in writing to
the board, within sixty days after the completion of any formal
peer review process and also within sixty days after the
commencement of and again after the conclusion of any resulting
legal action, the name of any physician or podiatrist whose
credentialing has been revoked or not renewed by the managed care
organization. The managed care organization shall also report in
writing to the board any other disciplinary action taken against a
physician or podiatrist relating to professional ethics,
professional liability, moral turpitude or drug or alcohol abuse
within sixty days after completion of a formal peer review process
which results in the action taken by the managed care organization.
For purposes of this subsection, "managed care organization" means a plan that establishes, operates or maintains a network of health
care providers who have entered into agreements with and been
credentialed by the plan to provide health care services to
enrollees or insureds to whom the plan has the ultimate obligation
to arrange for the provision of or payment for health care services
through organizational arrangements for ongoing quality assurance,
utilization review programs or dispute resolutions.
Any professional society in this state comprised primarily of
physicians or podiatrists which takes formal disciplinary action
against a member relating to professional ethics, professional
incompetence, medical professional liability, moral turpitude or
drug or alcohol abuse shall report in writing to the board within
sixty days of a final decision the name of the member, together
with all pertinent information relating to the action.
Every person, partnership, corporation, association, insurance
company, professional society or other organization providing
professional liability insurance to a physician or podiatrist in
this state, including the State Board of Risk and Insurance
Management, shall submit to the board the following information
within thirty days from any judgment or settlement of a civil or
medical professional liability action excepting product liability
actions: The name of the insured; the date of any judgment or
settlement; whether any appeal has been taken on the judgment and,
if so, by which party; the amount of any settlement or judgment
against the insured; and other information required by the board.
Within thirty days from the entry of an order by a court in a medical professional liability action or other civil action in
which a physician or podiatrist licensed by the board is determined
to have rendered health care services below the applicable standard
of care, the clerk of the court in which the order was entered
shall forward a certified copy of the order to the board.
Within thirty days after a person known to be a physician or
podiatrist licensed or otherwise lawfully practicing medicine and
surgery or podiatry in this state or applying to be licensed is
convicted of a felony under the laws of this state or of any crime
under the laws of this state involving alcohol or drugs in any way,
including any controlled substance under state or federal law, the
clerk of the court of record in which the conviction was entered
shall forward to the board a certified true and correct abstract of
record of the convicting court. The abstract shall include the
name and address of the physician or podiatrist or applicant, the
nature of the offense committed and the final judgment and sentence
of the court.
Upon a determination of the board that there is probable cause
to believe that any person, partnership, corporation, association,
insurance company, professional society or other organization has
failed or refused to make a report required by this subsection, the
board shall provide written notice to the alleged violator stating
the nature of the alleged violation and the time and place at which
the alleged violator shall appear to show good cause why a civil
penalty should not be imposed. The hearing shall be conducted in
accordance with the provisions of article five, chapter twenty-nine-a of this code. After reviewing the record of the hearing, if
the board determines that a violation of this subsection has
occurred, the board shall assess a civil penalty of not less than
$1,000 nor more than $10,000 against the violator. The board shall
notify any person so assessed of the assessment in writing and the
notice shall specify the reasons for the assessment. If the
violator fails to pay the amount of the assessment to the board
within thirty days, the Attorney General may institute a civil
action in the circuit court of Kanawha County to recover the amount
of the assessment. In any civil action, the court's review of the
board's action shall be conducted in accordance with the provisions
of section four, article five, chapter twenty-nine-a of this code.
Notwithstanding any other provision of this article to the
contrary, when there are conflicting views by recognized experts as
to whether any alleged conduct breaches an applicable standard of
care, the evidence must be clear and convincing before the board
may find that the physician or podiatrist has demonstrated a lack
of professional competence to practice with a reasonable degree of
skill and safety for patients.
Any person may report to the board relevant facts about the
conduct of any physician or podiatrist in this state which in the
opinion of that person amounts to medical professional liability or
professional incompetence.
The board shall provide forms for filing reports pursuant to
this section. Reports submitted in other forms shall be accepted
by the board.
The filing of a report with the board pursuant to any
provision of this article, any investigation by the board or any
disposition of a case by the board does not preclude any action by
a hospital, other health care facility or professional society
comprised primarily of physicians or podiatrists to suspend,
restrict or revoke the privileges or membership of the physician or
podiatrist.
(c) The board may deny an application for license or other
authorization to practice medicine and surgery or podiatry in this
state and may discipline a physician or podiatrist licensed or
otherwise lawfully practicing in this state who, after a hearing,
has been adjudged by the board as unqualified due to any of the
following reasons:
(1) Attempting to obtain, obtaining, renewing or attempting to
renew a license to practice medicine and surgery or podiatry by
bribery, fraudulent misrepresentation or through known error of the
board;
(2) Being found guilty of a crime in any jurisdiction, which
offense is a felony, involves moral turpitude or directly relates
to the practice of medicine. Any plea of nolo contendere is a
conviction for the purposes of this subdivision;
(3) False or deceptive advertising;
(4) Aiding, assisting, procuring or advising any unauthorized
person to practice medicine and surgery or podiatry contrary to
law;
(5) Making or filing a report that the person knows to be false; intentionally or negligently failing to file a report or
record required by state or federal law; willfully impeding or
obstructing the filing of a report or record required by state or
federal law; or inducing another person to do any of the foregoing.
The reports and records covered in this subdivision mean only those
that are signed in the capacity as a licensed physician or
podiatrist;
(6) Requesting, receiving or paying directly or indirectly a
payment, rebate, refund, commission, credit or other form of profit
or valuable consideration for the referral of patients to any
person or entity in connection with providing medical or other
health care services or clinical laboratory services, supplies of
any kind, drugs, medication or any other medical goods, services or
devices used in connection with medical or other health care
services;
(7) Unprofessional conduct by any physician or podiatrist in
referring a patient to any clinical laboratory or pharmacy in which
the physician or podiatrist has a proprietary interest unless the
physician or podiatrist discloses in writing such interest to the
patient. The written disclosure shall indicate that the patient
may choose any clinical laboratory for purposes of having any
laboratory work or assignment performed or any pharmacy for
purposes of purchasing any prescribed drug or any other medical
goods or devices used in connection with medical or other health
care services;
As used in this subdivision, "proprietary interest" does not include an ownership interest in a building in which space is
leased to a clinical laboratory or pharmacy at the prevailing rate
under a lease arrangement that is not conditional upon the income
or gross receipts of the clinical laboratory or pharmacy;
(8) Exercising influence within a patient-physician
relationship for the purpose of engaging a patient in sexual
activity;
(9) Making a deceptive, untrue or fraudulent representation in
the practice of medicine and surgery or podiatry;
(10) Soliciting patients, either personally or by an agent,
through the use of fraud, intimidation or undue influence;
(11) Failing to keep written records justifying the course of
treatment of a patient, including, but not limited to, patient
histories, examination and test results and treatment rendered, if
any;
(12) Exercising influence on a patient in such a way as to
exploit the patient for financial gain of the physician or
podiatrist or of a third party. Any influence includes, but is not
limited to, the promotion or sale of services, goods, appliances or
drugs;
(13) Prescribing, dispensing, administering, mixing or
otherwise preparing a prescription drug, including any controlled
substance under state or federal law, other than in good faith and
in a therapeutic manner in accordance with accepted medical
standards and in the course of the physician's or podiatrist's
professional practice.
Provided, That a A physician who discharges his or her professional obligation to relieve the pain and
suffering and promote the dignity and autonomy of dying patients in
his or her care and, in so doing, exceeds the average dosage of a
pain relieving controlled substance, as defined in Schedules II and
III of the Uniform Controlled Substance Act, does not violate this
article.
A physician licensed under this chapter may not be
disciplined for providing expedited partner therapy in accordance
with the provisions of article four-f, chapter sixteen of this
code;
(14) Performing any procedure or prescribing any therapy that,
by the accepted standards of medical practice in the community,
would constitute experimentation on human subjects without first
obtaining full, informed and written consent;
(15) Practicing or offering to practice beyond the scope
permitted by law or accepting and performing professional
responsibilities that the person knows or has reason to know he or
she is not competent to perform;
(16) Delegating professional responsibilities to a person when
the physician or podiatrist delegating the responsibilities knows
or has reason to know that the person is not qualified by training,
experience or licensure to perform them;
(17) Violating any provision of this article or a rule or
order of the board or failing to comply with a subpoena or subpoena
duces tecum issued by the board;
(18) Conspiring with any other person to commit an act or
committing an act that would tend to coerce, intimidate or preclude another physician or podiatrist from lawfully advertising his or
her services;
(19) Gross negligence in the use and control of prescription
forms;
(20) Professional incompetence; or
(21) The inability to practice medicine and surgery or
podiatry with reasonable skill and safety due to physical or mental
impairment, including deterioration through the aging process, loss
of motor skill or abuse of drugs or alcohol. A physician or
podiatrist adversely affected under this subdivision shall be
afforded an opportunity at reasonable intervals to demonstrate that
he or she may resume the competent practice of medicine and surgery
or podiatry with reasonable skill and safety to patients. In any
proceeding under this subdivision, neither the record of
proceedings nor any orders entered by the board shall be used
against the physician or podiatrist in any other proceeding.
(d) The board shall deny any application for a license or
other authorization to practice medicine and surgery or podiatry in
this state to any applicant who, and shall revoke the license of
any physician or podiatrist licensed or otherwise lawfully
practicing within this state who, is found guilty by any court of
competent jurisdiction of any felony involving prescribing,
selling, administering, dispensing, mixing or otherwise preparing
any prescription drug, including any controlled substance under
state or federal law, for other than generally accepted therapeutic
purposes. Presentation to the board of a certified copy of the guilty verdict or plea rendered in the court is sufficient proof
thereof for the purposes of this article. A plea of nolo
contendere has the same effect as a verdict or plea of guilt. Upon
application of a physician that has had his or her license revoked
because of a drug-related felony conviction, upon completion of any
sentence of confinement, parole, probation or other court-ordered
supervision and full satisfaction of any fines, judgments or other
fees imposed by the sentencing court, the board may issue the
applicant a new license upon a finding that the physician is,
except for the underlying conviction, otherwise qualified to
practice medicine:
Provided, That the board may place whatever
terms, conditions or limitations it deems appropriate upon a
physician licensed pursuant to this subsection.
(e) The board may refer any cases coming to its attention to
an appropriate committee of an appropriate professional
organization for investigation and report. Except for complaints
related to obtaining initial licensure to practice medicine and
surgery or podiatry in this state by bribery or fraudulent
misrepresentation, any complaint filed more than two years after
the complainant knew, or in the exercise of reasonable diligence
should have known, of the existence of grounds for the complaint
shall be dismissed:
Provided, That in cases of conduct alleged to
be part of a pattern of similar misconduct or professional
incapacity that, if continued, would pose risks of a serious or
substantial nature to the physician's or podiatrist's current
patients, the investigating body may conduct a limited investigation related to the physician's or podiatrist's current
capacity and qualification to practice and may recommend
conditions, restrictions or limitations on the physician's or
podiatrist's license to practice that it considers necessary for
the protection of the public. Any report shall contain
recommendations for any necessary disciplinary measures and shall
be filed with the board within ninety days of any referral. The
recommendations shall be considered by the board and the case may
be further investigated by the board. The board after full
investigation shall take whatever action it considers appropriate,
as provided in this section.
(f) The investigating body, as provided in subsection (e) of
this section, may request and the board under any circumstances may
require a physician or podiatrist or person applying for licensure
or other authorization to practice medicine and surgery or podiatry
in this state to submit to a physical or mental examination by a
physician or physicians approved by the board. A physician or
podiatrist submitting to an examination has the right, at his or
her expense, to designate another physician to be present at the
examination and make an independent report to the investigating
body or the board. The expense of the examination shall be paid by
the board. Any individual who applies for or accepts the privilege
of practicing medicine and surgery or podiatry in this state is
considered to have given his or her consent to submit to all
examinations when requested to do so in writing by the board and to
have waived all objections to the admissibility of the testimony or examination report of any examining physician on the ground that
the testimony or report is privileged communication. If a person
fails or refuses to submit to an examination under circumstances
which the board finds are not beyond his or her control, failure or
refusal is prima facie evidence of his or her inability to practice
medicine and surgery or podiatry competently and in compliance with
the standards of acceptable and prevailing medical practice.
(g) In addition to any other investigators it employs, the
board may appoint one or more licensed physicians to act for it in
investigating the conduct or competence of a physician.
(h) In every disciplinary or licensure denial action, the
board shall furnish the physician or podiatrist or applicant with
written notice setting out with particularity the reasons for its
action. Disciplinary and licensure denial hearings shall be
conducted in accordance with the provisions of article five,
chapter twenty-nine-a of this code. However, hearings shall be
heard upon sworn testimony and the rules of evidence for trial
courts of record in this state shall apply to all hearings. A
transcript of all hearings under this section shall be made, and
the respondent may obtain a copy of the transcript at his or her
expense. The physician or podiatrist has the right to defend
against any charge by the introduction of evidence, the right to be
represented by counsel, the right to present and cross examine
witnesses and the right to have subpoenas and subpoenas duces tecum
issued on his or her behalf for the attendance of witnesses and the
production of documents. The board shall make all its final actions public. The order shall contain the terms of all action
taken by the board.
(i) In disciplinary actions in which probable cause has been
found by the board, the board shall, within twenty days of the date
of service of the written notice of charges or sixty days prior to
the date of the scheduled hearing, whichever is sooner, provide the
respondent with the complete identity, address and telephone number
of any person known to the board with knowledge about the facts of
any of the charges; provide a copy of any statements in the
possession of or under the control of the board; provide a list of
proposed witnesses with addresses and telephone numbers, with a
brief summary of his or her anticipated testimony; provide
disclosure of any trial expert pursuant to the requirements of Rule
26(b)(4) of the West Virginia Rules of Civil Procedure; provide
inspection and copying of the results of any reports of physical
and mental examinations or scientific tests or experiments; and
provide a list and copy of any proposed exhibit to be used at the
hearing:
Provided, That the board shall not be required to furnish
or produce any materials which contain opinion work product
information or would be a violation of the attorney-client
privilege. Within twenty days of the date of service of the
written notice of charges, the board shall disclose any exculpatory
evidence with a continuing duty to do so throughout the
disciplinary process. Within thirty days of receipt of the board's
mandatory discovery, the respondent shall provide the board with
the complete identity, address and telephone number of any person known to the respondent with knowledge about the facts of any of
the charges; provide a list of proposed witnesses with addresses
and telephone numbers, to be called at hearing, with a brief
summary of his or her anticipated testimony; provide disclosure of
any trial expert pursuant to the requirements of Rule 26(b)(4) of
the West Virginia Rules of Civil Procedure; provide inspection and
copying of the results of any reports of physical and mental
examinations or scientific tests or experiments; and provide a list
and copy of any proposed exhibit to be used at the hearing.
(j) Whenever it finds any person unqualified because of any of
the grounds set forth in subsection (c) of this section, the board
may enter an order imposing one or more of the following:
(1) Deny his or her application for a license or other
authorization to practice medicine and surgery or podiatry;
(2) Administer a public reprimand;
(3) Suspend, limit or restrict his or her license or other
authorization to practice medicine and surgery or podiatry for not
more than five years, including limiting the practice of that
person to, or by the exclusion of, one or more areas of practice,
including limitations on practice privileges;
(4) Revoke his or her license or other authorization to
practice medicine and surgery or podiatry or to prescribe or
dispense controlled substances for a period not to exceed ten
years;
(5) Require him or her to submit to care, counseling or
treatment designated by the board as a condition for initial or continued licensure or renewal of licensure or other authorization
to practice medicine and surgery or podiatry;
(6) Require him or her to participate in a program of
education prescribed by the board;
(7) Require him or her to practice under the direction of a
physician or podiatrist designated by the board for a specified
period of time; and
(8) Assess a civil fine of not less than $1,000 nor more than
$10,000.
(k) Notwithstanding the provisions of section eight, article
one, chapter thirty of this code, if the board determines the
evidence in its possession indicates that a physician's or
podiatrist's continuation in practice or unrestricted practice
constitutes an immediate danger to the public, the board may take
any of the actions provided in subsection (j) of this section on a
temporary basis and without a hearing if institution of proceedings
for a hearing before the board are initiated simultaneously with
the temporary action and begin within fifteen days of the action.
The board shall render its decision within five days of the
conclusion of a hearing under this subsection.
(l) Any person against whom disciplinary action is taken
pursuant to the provisions of this article has the right to
judicial review as provided in articles five and six, chapter
twenty-nine-a of this code:
Provided, That a circuit judge may
also remand the matter to the board if it appears from competent
evidence presented to it in support of a motion for remand that there is newly discovered evidence of such a character as ought to
produce an opposite result at a second hearing on the merits before
the board and:
(1) The evidence appears to have been discovered since the
board hearing; and
(2) The physician or podiatrist exercised due diligence in
asserting his or her evidence and that due diligence would not have
secured the newly discovered evidence prior to the appeal.
A person may not practice medicine and surgery or podiatry or
deliver health care services in violation of any disciplinary order
revoking, suspending or limiting his or her license while any
appeal is pending. Within sixty days, the board shall report its
final action regarding restriction, limitation, suspension or
revocation of the license of a physician or podiatrist, limitation
on practice privileges or other disciplinary action against any
physician or podiatrist to all appropriate state agencies,
appropriate licensed health facilities and hospitals, insurance
companies or associations writing medical malpractice insurance in
this state, the American Medical Association, the American Podiatry
Association, professional societies of physicians or podiatrists in
the state and any entity responsible for the fiscal administration
of Medicare and Medicaid.
(m) Any person against whom disciplinary action has been taken
under the provisions of this article shall, at reasonable
intervals, be afforded an opportunity to demonstrate that he or she
can resume the practice of medicine and surgery or podiatry on a general or limited basis. At the conclusion of a suspension,
limitation or restriction period the physician or podiatrist may
resume practice if the board has so ordered.
(n) Any entity, organization or person, including the board,
any member of the board, its agents or employees and any entity or
organization or its members referred to in this article, any
insurer, its agents or employees, a medical peer review committee
and a hospital governing board, its members or any committee
appointed by it acting without malice and without gross negligence
in making any report or other information available to the board or
a medical peer review committee pursuant to law and any person
acting without malice and without gross negligence who assists in
the organization, investigation or preparation of any such report
or information or assists the board or a hospital governing body or
any committee in carrying out any of its duties or functions
provided by law is immune from civil or criminal liability, except
that the unlawful disclosure of confidential information possessed
by the board is a misdemeanor as provided in this article.
(o) A physician or podiatrist may request in writing to the
board a limitation on or the surrendering of his or her license to
practice medicine and surgery or podiatry or other appropriate
sanction as provided in this section. The board may grant the
request and, if it considers it appropriate, may waive the
commencement or continuation of other proceedings under this
section. A physician or podiatrist whose license is limited or
surrendered or against whom other action is taken under this subsection may, at reasonable intervals, petition for removal of
any restriction or limitation on or for reinstatement of his or her
license to practice medicine and surgery or podiatry.
(p) In every case considered by the board under this article
regarding discipline or licensure, whether initiated by the board
or upon complaint or information from any person or organization,
the board shall make a preliminary determination as to whether
probable cause exists to substantiate charges of disqualification
due to any reason set forth in subsection (c) of this section. If
probable cause is found to exist, all proceedings on the charges
shall be open to the public who are entitled to all reports,
records and nondeliberative materials introduced at the hearing,
including the record of the final action taken:
Provided, That any
medical records, which were introduced at the hearing and which
pertain to a person who has not expressly waived his or her right
to the confidentiality of the records, may not be open to the
public nor is the public entitled to the records.
(q) If the board receives notice that a physician or
podiatrist has been subjected to disciplinary action or has had his
or her credentials suspended or revoked by the board, a hospital or
a professional society, as defined in subsection (b) of this
section, for three or more incidents during a five-year period, the
board shall require the physician or podiatrist to practice under
the direction of a physician or podiatrist designated by the board
for a specified period of time to be established by the board.
(r) Notwithstanding any other provisions of this article, the board may, at any time, on its own motion, or upon motion by the
complainant, or upon motion by the physician or podiatrist, or by
stipulation of the parties, refer the matter to mediation. The
board shall obtain a list from the West Virginia State Bar's
mediator referral service of certified mediators with expertise in
professional disciplinary matters. The board and the physician or
podiatrist may choose a mediator from that list. If the board and
the physician or podiatrist are unable to agree on a mediator, the
board shall designate a mediator from the list by neutral rotation.
The mediation shall not be considered a proceeding open to the
public and any reports and records introduced at the mediation
shall not become part of the public record. The mediator and all
participants in the mediation shall maintain and preserve the
confidentiality of all mediation proceedings and records. The
mediator may not be subpoenaed or called to testify or otherwise be
subject to process requiring disclosure of confidential information
in any proceeding relating to or arising out of the disciplinary or
licensure matter mediated:
Provided, That any confidentiality
agreement and any written agreement made and signed by the parties
as a result of mediation may be used in any proceedings
subsequently instituted to enforce the written agreement. The
agreements may be used in other proceedings if the parties agree in
writing.
§30-3-16. Physician assistants; definitions; Board of Medicine
rules; annual report; licensure; temporary license;
relicensure; job description required; revocation or suspension of licensure; responsibilities of
supervising physician; legal responsibility for
physician assistants; reporting by health care
facilities; identification; limitations on
employment and duties; fees; continuing education;
unlawful representation of physician assistant as a
physician; criminal penalties.
(a) As used in this section:
(1) "Approved program" means an educational program for
physician assistants approved and accredited by the Committee on
Accreditation of Allied Health Education Programs or its successor;
(2) "Health care facility" means any licensed hospital,
nursing home, extended care facility, state health or mental
institution, clinic or physician's office;
(3) "Physician assistant" means an assistant to a physician
who is a graduate of an approved program of instruction in primary
health care or surgery, has attained a baccalaureate or master's
degree, has passed the national certification examination and is
qualified to perform direct patient care services under the
supervision of a physician;
(4) "Physician assistant-midwife" means a physician assistant
who meets all qualifications set forth under subdivision (3) of
this subsection and fulfills the requirements set forth in
subsection (d) of this section, is subject to all provisions of
this section and assists in the management and care of a woman and
her infant during the prenatal, delivery and post-natal periods; and
(5) "Supervising physician" means a doctor or doctors of
medicine or podiatry permanently and fully licensed in this state
without restriction or limitation who assume legal and supervisory
responsibility for the work or training of any physician assistant
under his or her supervision.
(b) The board shall promulgate rules pursuant to the
provisions of article three, chapter twenty-nine-a of this code
governing the extent to which physician assistants may function in
this state. The rules shall provide that the physician assistant
is limited to the performance of those services for which he or she
is trained and that he or she performs only under the supervision
and control of a physician permanently licensed in this state but
that supervision and control does not require the personal presence
of the supervising physician at the place or places where services
are rendered if the physician assistant's normal place of
employment is on the premises of the supervising physician. The
supervising physician may send the physician assistant off the
premises to perform duties under his or her direction but a
separate place of work for the physician assistant may not be
established. In promulgating the rules, the board shall allow the
physician assistant to perform those procedures and examinations
and, in the case of certain authorized physician assistants, to
prescribe at the direction of his or her supervising physician, in
accordance with subsection (r) of this section, those categories of
drugs submitted to it in the job description required by this section. Certain authorized physician assistants may pronounce
death in accordance with the rules proposed by the board which
receive legislative approval. The board shall compile and publish
an annual report that includes a list of currently licensed
physician assistants and their supervising physician(s) and
location in the state.
(c) The board shall license as a physician assistant any
person who files an application together with a proposed job
description and furnishes satisfactory evidence to it that he or
she has met the following standards:
(1) Is a graduate of an approved program of instruction in
primary health care or surgery;
(2) Has passed the certifying examination for a primary care
physician assistant administered by the National Commission on
Certification of Physician Assistants and has maintained
certification by that commission so as to be currently certified;
(3) Is of good moral character; and
(4) Has attained a Baccalaureate or Master's Degree.
(d) The board shall license as a physician assistant-midwife
any person who meets the standards set forth under subsection (c)
of this section and, in addition thereto, the following standards:
(1) Is a graduate of a school of midwifery accredited by the
American College of Nurse-Midwives;
(2) Has passed an examination approved by the board; and
(3) Practices midwifery under the supervision of a board-
certified obstetrician, gynecologist or a board-certified family practice physician who routinely practices obstetrics.
(e) The board may license as a physician assistant any person
who files an application together with a proposed job description
and furnishes satisfactory evidence that he or she is of good moral
character and meets either of the following standards:
(1) He or she is a graduate of an approved program of
instruction in primary health care or surgery prior to July 1,
1994, and has passed the certifying examination for a physician
assistant administered by the National Commission on Certification
of Physician Assistants and has maintained certification by that
commission so as to be currently certified; or
(2) He or she had been certified by the board as a physician
assistant then classified as Type B prior to July 1, 1983.
(f) Licensure of an assistant to a physician practicing the
specialty of ophthalmology is permitted under this section:
Provided, That a physician assistant may not dispense a
prescription for a refraction.
(g) When a graduate of an approved program who has
successfully passed the National Commission on Certification of
Physician Assistants' certifying examination submits an application
to the board for a physician assistant license, accompanied by a
job description as referenced by this section, and a $50 temporary
license fee, and the application is complete, the board shall issue
to that applicant a temporary license allowing that applicant to
function as a physician assistant.
(h) When a graduate of an approved program submits an application to the board for a physician assistant license,
accompanied by a job description as referenced by this section, and
a $50 temporary license fee, and the application is complete, the
board shall issue to the applicant a temporary license allowing the
applicant to function as a physician assistant until the applicant
successfully passes the National Commission on Certification of
Physician Assistants' certifying examination so long as the
applicant sits for and obtains a passing score on the examination
next offered following graduation from the approved program.
(i) No applicant may receive a temporary license who,
following graduation from an approved program, has not obtained a
passing score on the examination.
(j) A physician assistant who has not been certified by the
National Commission on Certification of Physician Assistants will
be restricted to work under the direct supervision of the
supervising physician.
(k) A physician assistant who has been issued a temporary
license shall, within thirty days of receipt of written notice from
the National Commission on Certification of Physician Assistants of
his or her performance on the certifying examination, notify the
board in writing of his or her results. In the event of failure of
that examination, the temporary license shall terminate
automatically and the board shall so notify the physician assistant
in writing.
(l) In the event a physician assistant fails a recertification
examination of the National Commission on Certification of Physician Assistants and is no longer certified, the physician
assistant shall immediately notify his or her supervising physician
or physicians and the board in writing. The physician assistant
shall immediately cease practicing, the license shall terminate
automatically and the physician assistant is not eligible for
reinstatement until he or she has obtained a passing score on the
examination.
(m) A physician applying to the board to supervise a physician
assistant shall affirm that the range of medical services set forth
in the physician assistant's job description are consistent with
the skills and training of the supervising physician and the
physician assistant. Before a physician assistant can be employed
or otherwise use his or her skills, the supervising physician and
the physician assistant must obtain approval of the job description
from the board. The board may revoke or suspend any license of an
assistant to a physician for cause, after giving the assistant an
opportunity to be heard in the manner provided by article five,
chapter twenty-nine-a of this code and as set forth in rules duly
adopted by the board.
(n) The supervising physician is responsible for observing,
directing and evaluating the work, records and practices of each
physician assistant performing under his or her supervision. He or
she shall notify the board in writing of any termination of his or
her supervisory relationship with a physician assistant within ten
days of the termination. The legal responsibility for any
physician assistant remains with the supervising physician at all times including occasions when the assistant under his or her
direction and supervision aids in the care and treatment of a
patient in a health care facility. In his or her absence, a
supervising physician must designate an alternate supervising
physician but the legal responsibility remains with the supervising
physician at all times. A health care facility is not legally
responsible for the actions or omissions of the physician assistant
unless the physician assistant is an employee of the facility.
(o) The acts or omissions of a physician assistant employed by
health care facilities providing inpatient or outpatient services
are the legal responsibility of the facilities. Physician
assistants employed by facilities in staff positions shall be
supervised by a permanently licensed physician.
(p) A health care facility shall report in writing to the
board within sixty days after the completion of the facility's
formal disciplinary procedure and after the commencement and
conclusion of any resulting legal action, the name of any physician
assistant practicing in the facility whose privileges at the
facility have been revoked, restricted, reduced or terminated for
any cause including resignation, together with all pertinent
information relating to the action. The health care facility shall
also report any other formal disciplinary action taken against any
physician assistant by the facility relating to professional
ethics, medical incompetence, medical malpractice, moral turpitude
or drug or alcohol abuse. Temporary suspension for failure to
maintain records on a timely basis or failure to attend staff or section meetings need not be reported.
(q) When functioning as a physician assistant, the physician
assistant shall wear a name tag that identifies him or her as a
physician assistant. A two and one-half by three and one-half inch
card of identification shall be furnished by the board upon
licensure of the physician assistant.
(r) A physician assistant may write or sign prescriptions or
transmit prescriptions by word of mouth, telephone or other means
of communication at the direction of his or her supervising
physician. A fee of $50 will be charged for prescription-writing
privileges. The board shall promulgate rules pursuant to the
provisions of article three, chapter twenty-nine-a of this code
governing the eligibility and extent to which a physician assistant
may prescribe at the direction of the supervising physician. The
rules shall include, but not be limited to, the following:
(1) Provisions and restrictions for approving a state
formulary classifying pharmacologic categories of drugs that may be
prescribed by a physician assistant are as follows:
(A) Schedules I and II of the Uniform Controlled Substances
Act, antineoplastic, radiopharmaceuticals, general anesthetics and
radiographic contrast materials shall be excluded from the
formulary;
(B) Drugs listed under Schedule III shall be limited to a 72-
hour supply without refill;
(C) In addition to the above referenced provisions and
restrictions and at the direction of a supervising physician, the rules shall permit the prescribing of an annual supply of any drug,
with the exception of controlled substances, which is prescribed
for the treatment of a chronic condition, other than chronic pain
management. For the purposes of this section, a chronic condition
is a condition which lasts three months or more, generally cannot
be prevented by vaccines, can be controlled but not cured by
medication and does not generally disappear. These conditions,
with the exception of chronic pain, include, but are not limited
to, arthritis, asthma, cardiovascular disease, cancer, diabetes,
epilepsy and seizures and obesity. The prescriber authorized in
this section shall note on the prescription the chronic disease
being treated.
(D) Categories of other drugs may be excluded as determined by
the board.
(2) All pharmacological categories of drugs to be prescribed
by a physician assistant shall be listed in each job description
submitted to the board as required in subsection (i) of this
section;
(3) The maximum dosage a physician assistant may prescribe;
(4) A requirement that to be eligible for prescription
privileges, a physician assistant shall have performed patient care
services for a minimum of two years immediately preceding the
submission to the board of the job description containing
prescription privileges and shall have successfully completed an
accredited course of instruction in clinical pharmacology approved
by the board;
and
(5) A requirement that to maintain prescription privileges, a
physician assistant shall continue to maintain national
certification as a physician assistant and, in meeting the national
certification requirements, shall complete a minimum of ten hours
of continuing education in rational drug therapy in each
certification period. Nothing in this subsection permits a
physician assistant to independently prescribe or dispense drugs;
and
__________(6) A provision that a physician assistant licensed under this
chapter may not be disciplined for providing expedited partner
therapy in accordance with the provisions of article four-f,
chapter sixteen of this code.
(s) A supervising physician may not supervise at any one time
more than three full-time physician assistants or their equivalent,
except that a physician may supervise up to four hospital-employed
physician assistants. No physician shall supervise more than four
physician assistants at any one time.
(t) A physician assistant may not sign any prescription,
except in the case of an authorized physician assistant at the
direction of his or her supervising physician in accordance with
the provisions of subsection (r) of this section. A physician
assistant may not perform any service that his or her supervising
physician is not qualified to perform. A physician assistant may
not perform any service that is not included in his or her job
description and approved by the board as provided
for in this
section.
(u) The provisions of this section do not authorize a
physician assistant to perform any specific function or duty
delegated by this code to those persons licensed as chiropractors,
dentists, dental hygienists, optometrists or pharmacists or
certified as nurse anesthetists.
(v) Each application for licensure submitted by a licensed
supervising physician under this section is to be accompanied by a
fee of $200. A fee of $100 is to be charged for the biennial
renewal of the license. A fee of $50 is to be charged for any
change or addition of supervising physician or change or addition
of job location. A fee of $50 will be charged for prescriptive
writing privileges.
(w) As a condition of renewal of physician assistant license,
each physician assistant shall provide written documentation of
participation in and successful completion during the preceding
two-year period of continuing education, in the number of hours
specified by the board by rule, designated as Category I by the
American Medical Association, American Academy of Physician
Assistants or the Academy of Family Physicians and continuing
education, in the number of hours specified by the board by rule,
designated as Category II by the Association or either Academy.
(x) Notwithstanding any provision of this chapter to the
contrary, failure to timely submit the required written
documentation results in the automatic expiration of any license as
a physician assistant until the written documentation is submitted
to and approved by the board.
(y) If a license is automatically expired and reinstatement is
sought within one year of the automatic expiration, the former
licensee shall:
(1) Provide certification with supporting written
documentation of the successful completion of the required
continuing education;
(2) Pay a renewal fee; and
(3) Pay a reinstatement fee equal to fifty percent of the
renewal fee.
(z) If a license is automatically expired and more than one
year has passed since the automatic expiration, the former licensee
shall:
(1) Apply for a new license;
(2) Provide certification with supporting written
documentation of the successful completion of the required
continuing education; and
(3) Pay such fees as determined by the board.
(aa) It is unlawful for any physician assistant to represent
to any person that he or she is a physician, surgeon or podiatrist.
A person who violates the provisions of this subsection is guilty
of a felony and, upon conviction thereof, shall be imprisoned in a
state correctional facility for not less than one nor more than two
years, or be fined not more than $2,000, or both fined and
imprisoned.
(bb) All physician assistants holding valid certificates
issued by the board prior to July 1, 1992, are licensed under this section.
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
AND PHARMACIES.
§30-5-3. When licensed pharmacist required; person not licensed
pharmacist, pharmacy technician or licensed intern not
to compound prescriptions or dispense poisons or
narcotics; licensure of interns; prohibiting the
dispensing of prescription orders in absence of
practitioner-patient relationship.
(a) It is unlawful for any person not a pharmacist, or who
does not employ a pharmacist, to conduct any pharmacy or store for
the purpose of retailing, compounding or dispensing prescription
drugs or prescription devices.
(b) It is unlawful for the proprietor of any store or
pharmacy, any "ambulatory health care facility", as that term is
defined in section one, article five-b, chapter sixteen of this
code, that offers pharmaceutical care, or a facility operated to
provide health care or mental health care services free of charge
or at a reduced rate and that operates a charitable clinic pharmacy
to permit any person not a pharmacist to compound or dispense
prescriptions or prescription refills or to retail or dispense the
poisons and narcotic drugs named in sections two, three and six,
article eight, chapter sixteen of this code:
Provided, That a
licensed intern may compound and dispense prescriptions or
prescription refills under the direct supervision of a pharmacist:
Provided, however, That registered pharmacy technicians may assist in the preparation and dispensing of prescriptions or prescription
refills, including, but not limited to, reconstitution of liquid
medications, typing and affixing labels under the direct
supervision of a licensed pharmacist.
(c) It is the duty of a pharmacist or employer who employs an
intern to license the intern with the board within ninety days
after employment. The board shall furnish proper forms for this
purpose and shall issue a certificate to the intern upon licensure.
(d) The experience requirement for licensure as a pharmacist
shall be computed from the date certified by the supervising
pharmacist as the date of entering the internship. If the
internship is not registered with the Board of Pharmacy, then the
intern shall receive no credit for the experience when he or she
makes application for examination for licensure as a pharmacist:
Provided, That credit may be given for the unregistered experience
if an appeal is made and evidence produced showing experience was
obtained but not registered and that failure to register the
internship experience was not the fault of the intern.
(e) An intern having served part or all of his or her
internship in a pharmacy in another state or foreign country shall
be given credit for the same when the affidavit of his or her
internship is signed by the pharmacist under whom he or she served,
and it shows the dates and number of hours served in the internship
and when the affidavit is attested by the secretary of the State
Board of Pharmacy of the state or country where the internship was
served.
(f) Up to one third of the experience requirement for
licensure as a pharmacist may be fulfilled by an internship in a
foreign country.
(g) No pharmacist may compound or dispense any prescription
order when he or she has knowledge that the prescription was issued
by a practitioner without establishing a valid practitioner-patient
relationship. An online or telephonic evaluation by questionnaire,
or an online or telephonic consultation, is inadequate to establish
a valid practitioner-patient relationship:
Provided, That this
prohibition does not apply:
(1) In a documented emergency;
(2) In an on-call or cross-coverage situation;
or
(3) For the treatment of sexually transmitted diseases by
expedited partner therapy as set forth in article four-f, chapter
sixteen of this code; or
__(3) (4) Where patient care is rendered in consultation with
another practitioner who has an ongoing relationship with the
patient and who has agreed to supervise the patient's treatment,
including the use of any prescribed medications.
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-15a. Prescriptive authority for prescription drugs;
coordination with Board of Pharmacy.
(a) The board may, in its discretion, authorize an advanced
practice registered nurse to prescribe prescription drugs in a
collaborative relationship with a physician licensed to practice in
West Virginia and in accordance with applicable state and federal laws. An authorized advanced practice registered nurse may write
or sign prescriptions or transmit prescriptions verbally or by
other means of communication.
(b) For purposes of this section an agreement to a
collaborative relationship for prescriptive practice between a
physician and an advanced practice registered nurse shall be set
forth in writing. Verification of the agreement shall be filed
with the board by the advanced practice registered nurse. The
board shall forward a copy of the verification to the Board of
Medicine and the Board of Osteopathic Medicine. Collaborative
agreements shall include, but are not limited to, the following:
(1) Mutually agreed upon written guidelines or protocols for
prescriptive authority as it applies to the advanced practice
registered nurse's clinical practice;
(2) Statements describing the individual and shared
responsibilities of the advanced practice registered nurse and the
physician pursuant to the collaborative agreement between them;
(3) Periodic and joint evaluation of prescriptive practice;
and
(4) Periodic and joint review and updating of the written
guidelines or protocols.
(c) The board shall promulgate legislative rules in accordance
with the provisions of chapter twenty-nine-a of this code governing
the eligibility and extent to which an advanced practice registered
nurse may prescribe drugs. Such rules shall provide, at a minimum,
a state formulary classifying those categories of drugs which shall not be prescribed by advanced practice registered nurse including,
but not limited to, Schedules I and II of the Uniform Controlled
Substances Act, antineoplastics, radiopharmaceuticals and general
anesthetics. Drugs listed under Schedule III shall be limited to
a 72-hour supply without refill.
The rules shall also include a
provision that advanced nurse practitioners licensed under this
chapter may not be disciplined for providing expedited partner
therapy in accordance with the provisions of article four-f,
chapter sixteen of this code. In addition to the above-referenced
provisions and restrictions and pursuant to a collaborative
agreement as set forth in subsections (a) and (b) of this section,
the rules shall permit the prescribing of an annual supply of any
drug, with the exception of controlled substances, which is
prescribed for the treatment of a chronic condition, other than
chronic pain management. For the purposes of this section, a
chronic condition is a condition which lasts three months or more,
generally cannot be prevented by vaccines, can be controlled but
not cured by medication and does not generally disappear. These
conditions, with the exception of chronic pain, include, but are
not limited to, arthritis, asthma, cardiovascular disease, cancer,
diabetes, epilepsy and seizures and obesity. The prescriber
authorized in this section shall note on the prescription the
chronic disease being treated.
(d) The board shall consult with other appropriate boards for
the development of the formulary.
(e) The board shall transmit to the Board of Pharmacy a list of all advanced practice registered nurses with prescriptive
authority. The list shall include:
(1) The name of the authorized advanced practice registered
nurse;
(2) The prescriber's identification number assigned by the
board; and
(3) The effective date of prescriptive authority.
ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.
§30-14-11. Refusal, suspension or revocation of license;
suspension or revocation of certificate of
authorization.
(a) The board may either refuse to issue or may suspend or revoke
any license for any one or more of the following causes:
(1) Conviction of a felony, as shown by a certified copy of the
record of the trial court;
(2) Conviction of a misdemeanor involving moral turpitude;
(3) Violation of any provision of this article regulating the
practice of osteopathic physicians and surgeons;
(4) Fraud, misrepresentation or deceit in procuring or attempting
to procure admission to practice;
(5) Gross malpractice;
(6) Advertising by means of knowingly false or deceptive
statements;
(7) Advertising, practicing or attempting to practice under a name
other than one's own;
(8) Habitual drunkenness, or habitual addiction to the use of morphine, cocaine or other habit-forming drugs.
(b) The board shall also have the power to suspend or revoke for
cause any certificate of authorization issued by it. It shall have
the power to reinstate any certificate of authorization suspended
or revoked by it.
(c) An osteopathic physician licensed under this chapter may not
be disciplined for providing expedited partner therapy in
accordance with the provisions of article four-f, chapter sixteen
of this code.
ARTICLE 14A. ASSISTANTS TO OSTEOPATHIC PHYSICIANS AND SURGEONS.
§30-14A-1. Osteopathic physician assistant to osteopathic
physicians and surgeons; definitions; Board of
Osteopathy rules; licensure; temporary licensure;
renewal of license; job description required;
revocation or suspension of license;
responsibilities of the supervising physician;
legal responsibility for osteopathic physician
assistants; reporting of disciplinary procedures;
identification; limitation on employment and
duties; fees; unlawful use of the title of
osteopathic physician assistant; unlawful
representation of an osteopathic physician
assistant as a physician; criminal penalties.
(a) As used in this section:
(1) "Approved program" means an educational program for
osteopathic physician assistants approved and accredited by the Committee on Allied Health Education and Accreditation or its
successor.
(2) "Board" means the Board of Osteopathy established under
the provisions of article fourteen, chapter thirty of this code.
(3) "Direct supervision" means the presence of the supervising
physician at the site where the osteopathic physician assistant
performs medical duties.
(4) "Health care facility" means any licensed hospital,
nursing home, extended care facility, state health or mental
institution, clinic or physician's office.
(5) "License" means a certificate issued to an osteopathic
physician assistant who has passed the examination for a primary
care or surgery physician assistant administered by the National
Board of Medical Examiners on behalf of the National Commission on
Certification of Physician Assistants. All osteopathic physician
assistants holding valid certificates issued by the board prior to
March 31, 2010, are licensed under the provisions of this article,
but must renew the license pursuant to the provisions of this
article.
(6) "Osteopathic physician assistant" means an assistant to an
osteopathic physician who is a graduate of an approved program of
instruction in primary care or surgery, has passed the National
Certification Examination and is qualified to perform direct
patient care services under the supervision of an osteopathic
physician.
(7) "Supervising physician" means a doctor of osteopathy permanently licensed in this state who assumes legal and
supervising responsibility for the work or training of an
osteopathic physician assistant under his or her supervision.
(b) The board shall propose emergency and legislative rules
for legislative approval pursuant to the provisions of article
three, chapter twenty-nine-a of this code, governing the extent to
which osteopathic physician assistants may function in this state.
The rules shall provide that:
(1) The osteopathic physician assistant is limited to the
performance of those services for which he or she is trained;
(2) The osteopathic physician assistant performs only under
the supervision and control of an osteopathic physician permanently
licensed in this state but such supervision and control does not
require the personal presence of the supervising physician at the
place or places where services are rendered if the osteopathic
physician assistant's normal place of employment is on the premises
of the supervising physician. The supervising physician may send
the osteopathic physician assistant off the premises to perform
duties under his or her direction, but a separate place of work for
the osteopathic physician assistant may not be established;
and
(3) The board may allow the osteopathic physician assistant to
perform those procedures and examinations and, in the case of
authorized osteopathic physician assistants, to prescribe at the
direction of his or her supervising physician in accordance with
subsections (p) and (q) of this section those categories of drugs
submitted to it in the job description required by subsection (f) of this section;
and
_____(4) An osteopathic physician assistant may not be disciplined
for providing expedited partner therapy in accordance with the
provisions of article four-f, chapter sixteen of this code.
(c) The board shall compile and publish an annual report that
includes a list of currently licensed osteopathic physician
assistants and their employers and location in the state.
(d) The board shall license as an osteopathic physician
assistant a person who files an application together with a
proposed job description and furnishes satisfactory evidence that
he or she has met the following standards:
(1) Is a graduate of an approved program of instruction in
primary health care or surgery;
(2) Has passed the examination for a primary care or surgery
physician assistant administered by the National Board of Medical
Examiners on behalf of the National Commission on Certification of
Physician Assistants; and
(3) Is of good moral character.
(e) When a graduate of an approved program submits an
application to the board, accompanied by a job description in
conformity with this section, for an osteopathic physician
assistant license, the board may issue to the applicant a temporary
license allowing the applicant to function as an osteopathic
physician assistant for the period of one year. The temporary
license may be renewed for one additional year upon the request of
the supervising physician. An osteopathic physician assistant who has not been certified as such by the National Board of Medical
Examiners on behalf of the National Commission on Certification of
Physician Assistants will be restricted to work under the direct
supervision of the supervising physician.
(f) An osteopathic physician applying to the board to
supervise an osteopathic physician assistant shall provide a job
description that sets forth the range of medical services to be
provided by the assistant. Before an osteopathic physician
assistant can be employed or otherwise use his or her skills, the
supervising physician must obtain approval of the job description
from the board. The board may revoke or suspend a license of an
assistant to a physician for cause, after giving the person an
opportunity to be heard in the manner provided by sections eight
and nine, article one of this chapter.
(g) The supervising physician is responsible for observing,
directing and evaluating the work records and practices of each
osteopathic physician assistant performing under his or her
supervision. He or she shall notify the board in writing of any
termination of his or her supervisory relationship with an
osteopathic physician assistant within ten days of his or her
termination. The legal responsibility for any osteopathic
physician assistant remains with the supervising physician at all
times, including occasions when the assistant, under his or her
direction and supervision, aids in the care and treatment of a
patient in a health care facility. In his or her absence, a
supervising physician must designate an alternate supervising physician but the legal responsibility remains with the supervising
physician at all times. A health care facility is not legally
responsible for the actions or omissions of an osteopathic
physician assistant unless the osteopathic physician assistant is
an employee of the facility.
(h) The acts or omissions of an osteopathic physician
assistant employed by health care facilities providing in-patient
services are the legal responsibility of the facilities.
Osteopathic physician assistants employed by such facilities in
staff positions shall be supervised by a permanently licensed
physician.
(i) A health care facility shall report in writing to the
board within sixty days after the completion of the facility's
formal disciplinary procedure, and after the commencement and the
conclusion of any resulting legal action, the name of an
osteopathic physician assistant practicing in the facility whose
privileges at the facility have been revoked, restricted, reduced
or terminated for any cause including resignation, together with
all pertinent information relating to such action. The health care
facility shall also report any other formal disciplinary action
taken against an osteopathic physician assistant by the facility
relating to professional ethics, medical incompetence, medical
malpractice, moral turpitude or drug or alcohol abuse. Temporary
suspension for failure to maintain records on a timely basis or
failure to attend staff or section meetings need not be reported.
(j) When functioning as an osteopathic physician assistant, the osteopathic physician assistant shall wear a name tag that
identifies him or her as a physician assistant.
(k) (1) A supervising physician shall not supervise at any
time more than three osteopathic physician assistants except that
a physician may supervise up to four hospital-employed osteopathic
physician assistants:
Provided, That an alternative supervisor has
been designated for each.
(2) An osteopathic physician assistant shall not perform any
service that his or her supervising physician is not qualified to
perform.
(3) An osteopathic physician assistant shall not perform any
service that is not included in his or her job description and
approved by the board as provided in this section.
(4) The provisions of this section do not authorize an
osteopathic physician assistant to perform any specific function or
duty delegated by this code to those persons licensed as
chiropractors, dentists, registered nurses, licensed practical
nurses, dental hygienists, optometrists or pharmacists or certified
as nurse anesthetists.
(l) An application for license or renewal of license shall be
accompanied by payment of a fee established by legislative rule of
the Board of Osteopathy pursuant to the provisions of article
three, chapter twenty-nine-a of this code.
(m) As a condition of renewal of an osteopathic physician
assistant license, each osteopathic physician assistant shall
provide written documentation satisfactory to the board of participation in and successful completion of continuing education
in courses approved by the Board of Osteopathy for the purposes of
continuing education of osteopathic physician assistants. The
osteopathy board shall propose legislative rules for minimum
continuing hours necessary for the renewal of a license. These
rules shall provide for minimum hours equal to or more than the
hours necessary for national certification. Notwithstanding any
provision of this chapter to the contrary, failure to timely submit
the required written documentation results in the automatic
suspension of a license as an osteopathic physician assistant until
the written documentation is submitted to and approved by the
board.
(n) It is unlawful for any person who is not licensed by the
board as an osteopathic physician assistant to use the title of
osteopathic physician assistant or to represent to any other person
that he or she is an osteopathic physician assistant. A person who
violates the provisions of this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than $2,000.
(o) It is unlawful for an osteopathic physician assistant to
represent to any person that he or she is a physician. A person
who violates the provisions of this subsection is guilty of a
felony and, upon conviction thereof, shall be imprisoned in a state
correctional facility for not less than one nor more than two
years, or be fined not more than $2,000, or both fined and
imprisoned.
(p) An osteopathic physician assistant may write or sign
prescriptions or transmit prescriptions by word of mouth, telephone
or other means of communication at the direction of his or her
supervising physician. The board shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code governing the eligibility
and extent to which an osteopathic physician assistant may
prescribe at the direction of the supervising physician. The rules
shall provide for a state formulary classifying pharmacologic
categories of drugs which may be prescribed by such an osteopathic
physician assistant. In classifying such pharmacologic categories,
those categories of drugs which shall be excluded include, but are
not limited to, Schedules I and II of the Uniform Controlled
Substances Act, antineoplastics, radiopharmaceuticals, general
anesthetics and radiographic contrast materials. Drugs listed
under Schedule III are limited to a 72-hour supply without refill.
In addition to the above-referenced provisions and restrictions and
at the direction of a supervising physician, the rules shall permit
the prescribing an annual supply of any drug other than controlled
substances which is prescribed for the treatment of a chronic
condition other than chronic pain management. For the purposes of
this section, a chronic condition is a condition which last three
months or more, generally cannot be prevented by vaccines, can be
controlled but not cured by medication and does not generally
disappear. These conditions include, but are not limited to,
arthritis, asthma, cardiovascular disease, cancer, diabetes, epilepsy and seizures and obesity. The prescriber authorized in
this section shall note on the prescription the condition for which
the patient is being treated. The rules shall provide that all
pharmacological categories of drugs to be prescribed by an
osteopathic physician assistant be listed in each job description
submitted to the board as required in this section. The rules
shall provide the maximum dosage an osteopathic physician assistant
may prescribe.
(q) (1) The rules shall provide that to be eligible for such
prescription privileges, an osteopathic physician assistant must:
(A) Submit an application to the board for prescription
privileges;
(B) Have performed patient care services for a minimum of two
years immediately preceding the application; and
(C) Have successfully completed an accredited course of
instruction in clinical pharmacology approved by the board.
(2) The rules shall provide that to maintain prescription
privileges, an osteopathic physician assistant shall:
(A) Continue to maintain national certification as an
osteopathic physician assistant; and
(B) Complete a minimum of ten hours of continuing education in
rational drug therapy in each licensing period.
(3) Nothing in this subsection permits an osteopathic
physician assistant to independently prescribe or dispense drugs.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 12, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 12) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 204, Relating
to crime victims compensation awards.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page twenty-one, section fourteen, line seventeen, after
the word "period" by changing the period to a colon and inserting
the following proviso:
Provided, That no reporting to a law-
enforcement officer or agency or a forensic medical examination is
required if the claimant is a juvenile in order for a judge or
commissioner to approve an award of compensation.;
On page twenty-five, section eighteen, line five, after the
word "compensation" by striking out the remainder of the sentence
and inserting in lieu thereof a colon and the following proviso:
Provided, That no criminal charges need be filed if: (1) The
claimant is an adult at the time the conduct giving rise to the
claim occurred and no criminal charges were filed for reasons other
than the desire of the claimant and a law-enforcement agency
confirms that the available evidence supports a finding that a
crime occurred; or (2) the claimant was a juvenile at the time the
conduct giving rise to the claim occurred.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 204--A Bill
to amend and reenact §14-2A-3, §14-2A-9, §14-2A-12, §14-2A-14 and
§14-2A-18 of the Code of West Virginia, 1931, as amended, all
relating to compensation awards to victims of crimes generally;
redefining terms; increasing the amount of victim relocation costs;
allowing student loans obtained by a victim to be treated as a lost
scholarship in certain instances; eliminating the authority to make awards of compensation for damage caused by operation of a
methamphetamine laboratory under certain circumstances; modifying
required time period in which a claimant should report offense to
law enforcement under certain circumstances; requiring that a
criminal complaint being filed is a prerequisite to receipt of
compensation in certain circumstances; providing circumstances in
which a criminal complaint need not be filed as a prerequisite to
receipt of compensation; allowing victims of sexual offenses to
undergo a forensic examination rather than reporting to law
enforcement; permitting the Court of Claims to hire two additional
claim investigators; and permitting claim investigators to acquire
autopsy reports from the State Medical Examiner.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 204, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler
(Mr. President)--32.
The nays were: Barnes and McCabe--2.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 204) passed with its House of
Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Cann,
Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons,
Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, Miller, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--32.
The nays were: Barnes and McCabe--2.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 204) takes effect from
passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 252, Allowing
certain expelled students to return to school through Juvenile Drug
Court.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-1a. Possessing deadly weapons on premises of educational
facilities; possessing a controlled substance on
premises of educational facilities; assaults and
batteries committed by students upon teachers or
other school personnel; temporary suspension,
hearing; procedure, notice and formal hearing;
extended suspension; sale of narcotic; expulsion;
exception; alternative education.
(a) A principal shall suspend a
pupil student from school or
from transportation to or from the school on any school bus if the
pupil student, in the determination of the principal after an
informal hearing pursuant to subsection (d) of this section, has:
(i) Violated the provisions of subsection (b), section fifteen,
article two, chapter sixty-one of this code; (ii) violated the
provisions of subsection (b), section eleven-a, article seven of
said chapter; or (iii) sold a narcotic drug, as defined in section
one hundred one, article one, chapter sixty-a of this code, on the
premises of an educational facility, at a school-sponsored function
or on a school bus. If a student has been suspended pursuant to
this subsection, the principal shall, within twenty-four hours, request that the county superintendent recommend to the county
board that the student be expelled. Upon such a request by a
principal, the county superintendent shall recommend to the county
board that the student be expelled. Upon such recommendation, the
county board shall conduct a hearing in accordance with subsections
(e), (f) and (g) of this section to determine if the student
committed the alleged violation. If the county board finds that
the student did commit the alleged violation, the county board
shall expel the student.
(b) A principal shall suspend a
pupil student from school, or
from transportation to or from the school on any school bus, if the
pupil student, in the determination of the principal after an
informal hearing pursuant to subsection (d) of this section, has:
(i) Committed an act or engaged in conduct that would constitute a
felony under the laws of this state if committed by an adult; or
(ii) unlawfully possessed on the premises of an educational
facility or at a school-sponsored function a controlled substance
governed by the uniform controlled substances act as described in
chapter sixty-a of this code. If a student has been suspended
pursuant to this subsection, the principal may request that the
superintendent recommend to the county board that the student be
expelled. Upon such recommendation by the county superintendent,
the county board may hold a hearing in accordance with the
provisions of subsections (e), (f) and (g) of this section to
determine if the student committed the alleged violation. If the
county board finds that the student did commit the alleged violation, the county board may expel the student.
(c) A principal may suspend a
pupil student from school, or
transportation to or from the school on any school bus, if the
pupil student, in the determination of the principal after an
informal hearing pursuant to subsection (d) of this section: (i)
Threatened to injure, or in any manner injured, a
pupil student,
teacher, administrator or other school personnel; (ii) willfully
disobeyed a teacher; (iii) possessed alcohol in an educational
facility, on school grounds, a school bus or at any school-
sponsored function; (iv) used profane language directed at a school
employee or
pupil student; (v) intentionally defaced any school
property; (vi) participated in any physical altercation with
another person while under the authority of school personnel; or
(vii) habitually violated school rules or policies. If a student
has been suspended pursuant to this subsection, the principal may
request that the superintendent recommend to the county board that
the student be expelled. Upon such recommendation by the county
superintendent, the county board may hold a hearing in accordance
with the provisions of subsections (e), (f) and (g) of this section
to determine if the student committed the alleged violation. If
the county board finds that the student did commit the alleged
violation, the county board may expel the student.
(d) The actions of any
pupil student which may be grounds for
his or her suspension or expulsion under the provisions of this
section shall be reported immediately to the principal of the
school in which the
pupil student is enrolled. If the principal determines that the alleged actions of the
pupil student would be
grounds for suspension, he or she shall conduct an informal hearing
for the
pupil student immediately after the alleged actions have
occurred. The hearing shall be held before the
pupil student is
suspended unless the principal believes that the continued presence
of the
pupil student in the school poses a continuing danger to
persons or property or an ongoing threat of disrupting the academic
process, in which case the
pupil student shall be suspended
immediately and a hearing held as soon as practicable after the
suspension.
The
pupil student and his or her parent(s), guardian(s) or
custodian(s), as the case may be, shall be given telephonic notice,
if possible, of this informal hearing, which notice shall briefly
state the grounds for suspension.
At the commencement of the informal hearing, the principal
shall inquire of the
pupil student as to whether he or she admits
or denies the charges. If the
pupil student does not admit the
charges, he or she shall be given an explanation of the evidence
possessed by the principal and an opportunity to present his or her
version of the occurrence. At the conclusion of the hearing or
upon the failure of the noticed student to appear, the principal
may suspend the
pupil student for a maximum of ten school days,
including the time prior to the hearing, if any, for which the
pupil student has been excluded from school.
The principal shall report any suspension the same day it has
been decided upon, in writing, to the parent(s), guardian(s) or custodian(s) of the
pupil student by regular United States mail.
The suspension also shall be reported to the county superintendent
and to the faculty senate of the school at the next meeting after
the suspension.
(e) Prior to a hearing before the county board, the county
board shall cause a written notice which states the charges and the
recommended disposition to be served upon the
pupil student and his
or her parent(s), guardian(s) or custodian(s), as the case may be.
The notice shall state clearly whether the board will attempt at
hearing to establish the student as a dangerous student, as defined
by section one, article one of this chapter. The notice also shall
include any evidence upon which the board will rely in asserting
its claim that the student is a dangerous student. The notice
shall set forth a date and time at which the hearing shall be held,
which date shall be within the ten-day period of suspension imposed
by the principal.
(f) The county board shall hold the scheduled hearing to
determine if the
pupil student should be reinstated or should or,
under the provisions of this section, must be expelled from school.
If the county board determines that the student should or must be
expelled from school, it also may determine whether the student is
a dangerous student pursuant to subsection (g) of this section. At
this, or any hearing before a county board conducted pursuant to
this section, the
pupil student may be represented by counsel, may
call his or her own witnesses to verify his or her version of the
incident and may confront and cross examine witnesses supporting the charge against him or her. The hearing shall be recorded by
mechanical means unless recorded by a certified court reporter.
The hearing may be postponed for good cause shown by the
pupil
student but he or she shall remain under suspension until after the
hearing. The State Board may adopt other supplementary rules of
procedure to be followed in these hearings. At the conclusion of
the hearing the county board shall either: (1) Order the
pupil
student reinstated immediately at the end of his or her initial
suspension; (2) suspend the
pupil student for a further designated
number of days; or (3) expel the
pupil student from the public
schools of the county.
(g) A county board that did not intend prior to a hearing to
assert a dangerous student claim, that did not notify the student
prior to the hearing that a dangerous student determination would
be considered and that determines through the course of the hearing
that the student may be a dangerous student shall schedule a second
hearing within ten days to decide the issue. The hearing may be
postponed for good cause shown by the
pupil student, but he or she
remains under suspension until after the hearing.
A county board that expels a student, and finds that the
student is a dangerous student, may refuse to provide alternative
education. However, after a hearing conducted pursuant to this
section for determining whether a student is a dangerous student,
when the student is found to be a dangerous student, is expelled
and is denied alternative education, a hearing shall be conducted
within three months after the refusal by the board to provide alternative education to reexamine whether or not the student
remains a dangerous student and whether the student shall be
provided alternative education. Thereafter, a hearing for the
purpose of reexamining whether or not the student remains a
dangerous student and whether the student shall be provided
alternative education shall be conducted every three months for so
long as the student remains a dangerous student and is denied
alternative education. During the initial hearing, or in any
subsequent hearing, the board may consider the history of the
pupil's student's conduct as well as any improvements made
subsequent to the expulsion. If it is determined during any of the
hearings that the student is no longer a dangerous student or
should be provided alternative education, the student shall be
provided alternative education during the remainder of the
expulsion period.
(h) The superintendent may apply to a circuit judge or
magistrate for authority to subpoena witnesses and documents, upon
his or her own initiative, in a proceeding related to a recommended
student expulsion or dangerous student determination, before a
county board conducted pursuant to the provisions of this section.
Upon the written request of any other party, the superintendent
shall apply to a circuit judge or magistrate for the authority to
subpoena witnesses, documents or both on behalf of the other party
in a proceeding related to a recommended student expulsion or
dangerous student determination before a county board. If the
authority to subpoena is granted, the superintendent shall subpoena the witnesses, documents or both requested by the other party.
Furthermore, if the authority to subpoena is granted, it shall be
exercised in accordance with the provisions of section one, article
five, chapter twenty-nine-a of this code.
Any hearing conducted pursuant to this subsection may be
postponed: (1) For good cause shown by the
pupil student; (2) when
proceedings to compel a subpoenaed witness to appear must be
instituted; or (3) when a delay in service of a subpoena hinders
either party's ability to provide sufficient notice to appear to a
witness. A
pupil student remains under suspension until after the
hearing in any case where a postponement occurs.
The county boards are directed to report the number of
pupils
students determined to be dangerous students to the State Board.
of Education The State Board will compile the county boards'
statistics and shall report its findings to the Legislative
Oversight Commission on Education Accountability.
(i)
Pupils Students may be expelled pursuant to
the provisions
of this section for a period not to exceed one school year, except
that if a
pupil student is determined to have violated the
provisions of subsection (a) of this section the
pupil student
shall be expelled for a period of not less than twelve consecutive
months,
subject to the following:
(1) Provided, That the The county superintendent may lessen
the mandatory period of twelve consecutive months for the expulsion
of the
pupil student if the circumstances of the
pupil's student's
case demonstrably warrant,
except as provided in subdivision (2) of this subsection;
(2) If a Juvenile Drug Court notifies the county
superintendent of successful completion of or certification of the
expelled student making satisfactory progress toward successful
completion of Juvenile Drug Court pursuant to section one-d of this
article, and the expulsion did not result from bringing a firearm
to a school or possessing a firearm at a school in violation of 20
U. S. C. §7151, the county superintendent may lessen the period of
expulsion pursuant to section one-d of this article;
__________(3) Upon the reduction of the period of expulsion, the county
superintendent shall prepare a written statement setting forth the
circumstances of the
pupil's student's case which warrant the
reduction of the period of expulsion. The county superintendent
shall submit the statement to the county board, the principal, the
faculty Senate and the local school improvement council for the
school from which the
pupil student was expelled.
The Subject to
subdivision (2) of this subsection, the county superintendent may
use the following factors as guidelines in determining whether or
not to reduce a mandatory twelve-month expulsion:
(1) (A) The extent of the
pupil's student's malicious intent;
(2) (B) The outcome of the
pupil's student's misconduct;
(3) (C) The
pupil's student's past behavior history;
and
(4) (D) The likelihood of the
pupil's student's repeated
misconduct;
and
__________(E) If applicable, successful completion or making
satisfactory progress toward successful completion of Juvenile Drug Court pursuant to section one-d of this section.
(j) In all hearings under this section, facts shall be found
by a preponderance of the evidence.
(k) For purposes of this section, nothing herein may be
construed to be in conflict with the federal provisions of the
Individuals with Disabilities Education Act, 20 U. S. C. §1400
et
seq.
(l) Each suspension or expulsion imposed upon a
pupil student
under the authority of this section shall be recorded in the
uniform integrated regional computer information system (commonly
known as the West Virginia Education Information System) described
in subsection (f), section twenty-six, article two, chapter
eighteen of this code.
(1) The principal of the school at which the
pupil student is
enrolled shall create an electronic record within twenty-four hours
of the imposition of the suspension or expulsion.
(2) Each record of a suspension or expulsion shall include the
pupil's student's name and identification number, the reason for
the suspension or expulsion and the beginning and ending dates of
the suspension or expulsion.
(3) The State Board
of Education shall collect and disseminate
data so that any principal of a public school in West Virginia can
review the complete history of disciplinary actions taken by West
Virginia public schools against any
pupil student enrolled or
seeking to enroll at that principal's school. The purposes of this
provision are to allow every principal to fulfill his or her duty under subsection (b), section fifteen-f, article five, chapter
eighteen of this code to determine whether a
pupil student
requesting to enroll at a public school in West Virginia is
currently serving a suspension or expulsion from another public
school in West Virginia and to allow principals to obtain general
information about
pupils' students' disciplinary histories.
(m) Principals may exercise any other authority and perform
any other duties to discipline
pupils students consistent with
state and federal law, including policies of the State Board.
of
Education
(n) Each county board is solely responsible for the
administration of proper discipline in the public schools of the
county and shall adopt policies consistent with the provisions of
this section to govern disciplinary actions.
(o) For the purpose of this section, "principal" means the
principal, assistant principal, vice principal or the
administrative head of the school or a professional personnel
designee of the principal or the administrative head of the school.
§18A-5-1d. Return to school through Juvenile Drug Court for
certain students.
(a) When a student is expelled from school pursuant to section
one-a of this article, the county board, county superintendent or
principal for the school from which the student was expelled or the
parent, guardian or custodian may refer the student to a Juvenile
Drug Court, operated pursuant to section two-b, article five,
chapter forty-nine of this code. Upon such referral, the judge assigned to Juvenile Drug Court shall determine whether the student
is an appropriate candidate for Juvenile Drug Court.
(b) If the judge determines the student is an appropriate
candidate for Juvenile Drug Court, then the court has jurisdiction
over the student in the same manner as it has jurisdiction over all
other persons in Juvenile Drug Court. Such jurisdiction over
students includes the ability to issue any of the various sanctions
available to the Juvenile Drug Court, including temporary
detention.
(c) Successful completion of Juvenile Drug Court or
certification by the Juvenile Drug Court judge that the student is
making satisfactory progress toward successful completion of
Juvenile Drug Court warrants consideration for reduction of the
expulsion period, pursuant to section one-a of this article. The
Juvenile Drug Court shall notify the county superintendent of such
completion or certification. The county superintendent shall
arrange a meeting with the Juvenile Drug Court treatment team, the
court, and the Student Assistance Team of the school from which the
student was expelled to discuss the student's history, progress and
potential for improvement.
(1) The Student Assistance Team shall evaluate and recommend
whether the student's expulsion period should be reduced and the
student reinstated in school. The Student Assistance Team's
recommendation shall be presented to the superintendent, who shall
make the final determination. The superintendent shall prepare a
statement detailing reasons for or against school reinstatement and submit the statement to the county board. If the superintendent
determines to reduce the expulsion period, he or she shall submit
the statement required by subsection (i), section one-a of this
article and place the student in an appropriate school within the
district. A student to be reinstated shall be permitted to return
to school no later than the tenth regular school day following
notice by the court to the superintendent regarding the student's
successful completion or satisfactory progress toward successful
completion of Juvenile Drug Court.
(2) Notwithstanding any other provision of this code to the
contrary, a county superintendent may not reduce an expulsion
period pursuant to this section if the expulsion is the result of
bringing a firearm to a school or possessing a firearm at a school
in violation of 20 U. S. C. §7151.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 252--A Bill
to amend and reenact §18A-5-1a of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section,
designated §18A-5-1d, all relating to allowing a school expulsion
period to be reduced for certain student participants in Juvenile
Drug Court; specifying individuals who may refer an expelled
student to Juvenile Drug Court; designating responsibilities of
Juvenile Drug Court, judge and treatment team of Juvenile Drug
Court, county superintendent and Student Assistance Team; granting Juvenile Drug Court jurisdiction over certain students; providing
that successful completion or satisfactory progress toward
successful completion of Juvenile Drug Court warrants consideration
for reduced expulsion period; recommendations and determinations
regarding expulsion period reduction; providing for reinstatement
of students in school; and prohibiting reduced expulsion period
when student brings a firearm to or possesses a firearm in a
school.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 252, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 252) passed with its House of
Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 325, Providing State Fire Marshal serve
at will and pleasure of Fire Commission.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§29-3-11. Appointment of State Fire Marshal; term of office;
removal; salary; qualifications; responsibilities;
employees; equipment.
(a) The State Fire Commission shall appoint a State Fire Marshal.
in accordance with the qualifications approved by the state civil
service commission as provided in article six, chapter twenty-nine
of this code. He can be removed by the commission at any time for
neglect of duty or other conduct unbecoming his office as provided
in article six, chapter twenty-nine of this code The State Fire
Marshal serves at the will and pleasure of the commission and is
exempt from coverage under the classified civil service system.
(b)
The State Fire Marshal shall have a baccalaureate degree from an accredited four-year college or university, or equivalent
experience as determined by the commission, and six years of full-
time or part-time equivalent paid or volunteer experience in fire
prevention or fire safety, including two years in a supervisory
capacity in fire prevention and fire safety.
____________________________________________(c) The State Fire Marshal, within policy established by the State
Fire Commission, shall have all responsibility for the
implementation of fire safety programs in this state designated to
minimize fire hazards and disaster and loss of life and property
from these causes. These responsibilities include, but are not
limited to, the establishment and enforcement of fire safety
practices throughout the state, preventive inspection and
correction activities, coordination of fire safety programs with
volunteer and paid fire departments and critical analysis and
evaluation of West Virginia's fire loss statistics for
determination of problems and solutions.
(c) (d) The State Fire Marshal may employ such technical, clerical,
stenographic and other personnel and fix their compensation and may
incur such expenses as may be necessary in the performance of the
duties of his
or her office within the appropriation therefor.
Employees of the Fire Marshal's Office shall be members of the
state civil service system, and all appointments of the office
shall be a part of the classified service under the civil service
system.
Further, any individual who is employed to conduct criminal
investigations or who may become actively involved in matters of a criminal nature shall first be required to pass a civil service
examination testing his or her competency and proficiency in the
law of arrest, search and seizure and other criminal procedures
relating to the powers granted to the State Fire Marshal pursuant
to the provisions of this article.
(d) (e) The State Fire Marshal and other personnel of the State
Fire Marshal's Office shall be provided with appropriate office
space, furniture, equipment, supplies, stationery and printing in
the same manner as provided for other state agencies.;
And,
By striking out the title and substituting therefor a new title,
to read as follows:
Eng. Senate Bill No. 325--A Bill to amend and reenact §29-3-11 of
the Code of West Virginia, 1931, as amended, relating to the State
Fire Marshal; providing that the State Fire Marshal be appointed by
and serve at the will and pleasure of the Fire Commission;
exempting the State Fire Marshal from the classified civil service
system; and providing requirements to serve as the State Fire
Marshal.
On motion of Senator Unger, the Senate concurred in the House of
Delegates amendments to the bill.
Engrossed Senate Bill No. 325, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 325) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
A message from The Clerk of the House of Delegates announced the
amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Senate Bill No. 375, Excluding certain personal property from
TIF assessment.
On motion of Senator Unger, the message on the bill was taken up
for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On pages two and three, section three, lines twelve through twenty-
two, by striking out all of subdivision (2) and inserting in lieu
thereof a new subdivision, designated subdivision (2), to read as
follows:
(2) "Base assessed value" means the taxable assessed value of all
real and tangible personal property, excluding personal motor vehicles, having a tax situs within a development or redevelopment
district as shown upon the landbooks and personal property books of
the assessor on July 1 of the calendar year preceding the effective
date of the order or ordinance creating and establishing the
development or redevelopment district:
Provided, That for any
development or redevelopment district approved after the effective
date of the amendments to this section enacted during the regular
session of the Legislature in 2014, personal trailers, personal
boats, personal campers, personal motor homes, personal ATVs and
personal motorcycles having a tax situs within a development or
redevelopment district are excluded from the base assessed value.;
And,
On pages five and six, section three, following lines seventy-two
through seventy-nine, by striking out all of subdivision (6) and
inserting in lieu thereof a new subdivision, designated subdivision
(6), to read as follows:
(6) "Current assessed value" means the annual taxable assessed
value of all real and tangible personal property, excluding
personal motor vehicles, having a tax situs within a development or
redevelopment district as shown upon the landbook and personal
property records of the assessor:
Provided, That for any
development or redevelopment district approved after the effective
date of the amendments to this section enacted during the regular
session of the Legislature in 2014, personal trailers, personal
boats, personal campers, personal motor homes, personal ATVs and
personal motorcycles having a tax situs within a development or redevelopment district are excluded from the current assessed
value.
On motion of Senator Unger, the Senate concurred in the House of
Delegates amendments to the bill.
Engrossed Senate Bill No. 375, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 375) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
A message from The Clerk of the House of Delegates announced the
amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 393, Amending
funding levels and date Governor may borrow from Revenue Shortfall Reserve Fund.
On motion of Senator Unger, the message on the bill was taken up
for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and inserting
in lieu thereof the following:
ARTICLE 2. STATE BUDGET OFFICE.
§11B-2-20. Reduction of appropriations; powers of Governor;
Revenue Shortfall Reserve Fund and permissible
expenditures therefrom.
(a) Notwithstanding any provision of this section, the Governor may
reduce appropriations according to any of the methods set forth in
sections twenty-one and twenty-two of this article. The Governor
may, in lieu of imposing a reduction in appropriations, request an
appropriation by the Legislature from the Revenue Shortfall Reserve
Fund established in this section.
(b)
A The Revenue Shortfall Reserve Fund is
hereby continued within
the State Treasury. The Revenue Shortfall Reserve Fund shall be
funded continuously and on a revolving basis in accordance with
this subsection up to an aggregate amount not to exceed thirteen
percent of the total appropriations from the State Fund, General
Revenue, for the fiscal year just ended. The Revenue Shortfall
Reserve Fund shall be funded as set forth in this subsection from
surplus revenues, if any, in the State Fund, General Revenue, as
the surplus revenues may accrue from time to time.
Within sixty days of the end of each fiscal year, the secretary
shall cause to be deposited into the Revenue Shortfall Reserve Fund
such amount of the first fifty percent of all surplus revenues, if
any, determined to have accrued during the fiscal year just ended,
as may be necessary to bring the balance of the Revenue Shortfall
Reserve Fund to thirteen percent of the total appropriations from
the State Fund, General Revenue, for the fiscal year just ended.
If at the end of any fiscal year the Revenue Shortfall Reserve Fund
is funded at an amount equal to or exceeding thirteen percent of
the state's General Revenue Fund budget for the fiscal year just
ended, then there shall be no further deposit by the secretary
under the provisions of this section of any surplus revenues as set
forth in this subsection until that time the Revenue Shortfall
Reserve Fund balance is less than thirteen percent of the total
appropriations from the State Fund, General Revenue.
(c) Not earlier than November 1 of each calendar year, if the
state's fiscal circumstances are such as to otherwise trigger the
authority of the Governor to reduce appropriations under this
section or section twenty-one or twenty-two of this article, then
in that event the Governor may notify the presiding officers of
both houses of the Legislature in writing of his or her intention
to convene the Legislature pursuant to section nineteen, article VI
of the Constitution of West Virginia for the purpose of requesting
the introduction of a supplementary appropriation bill or to
request a supplementary appropriation bill at the next preceding
regular session of the Legislature to draw money from the surplus Revenue Shortfall Reserve Fund to meet any anticipated revenue
shortfall. If the Legislature fails to enact a supplementary
appropriation from the Revenue Shortfall Reserve Fund during any
special legislative session called for the purposes set forth in
this section or during the next preceding regular session of the
Legislature, then the Governor may proceed with a reduction of
appropriations pursuant to sections twenty-one and twenty-two of
this article. Should any amount drawn from the Revenue Shortfall
Reserve Fund pursuant to an appropriation made by the Legislature
prove insufficient to address any anticipated shortfall, then the
Governor may also proceed with a reduction of appropriations
pursuant to sections twenty-one and twenty-two of this article.
(d) Upon the creation of the fund, the Legislature is authorized
and may make an appropriation from the Revenue Shortfall Reserve
Fund for revenue shortfalls, for emergency revenue needs caused by
acts of God or natural disasters or for other fiscal needs as
determined solely by the Legislature.
(e) Prior to October 31 in any fiscal year in which revenues are
inadequate to make timely payments of the state's obligations, the
Governor may, by executive order, after first notifying the
presiding officers of both houses of the Legislature in writing,
borrow funds from the Revenue Shortfall Reserve Fund:
Provided,
That for the fiscal year 2014, pursuant to this subsection and
subject to all other conditions, requirements and limitations set
forth in this section, the Governor may borrow funds from the
Revenue Shortfall Reserve Fund prior to April 1. The amount of funds borrowed under this subsection shall not exceed one and
one-half percent of the general revenue estimate for the fiscal
year in which the funds are to be borrowed, or the amount the
Governor determines is necessary to make timely payment of the
state's obligations, whichever is less. Any funds borrowed
pursuant to this subsection shall be repaid, without interest, and
redeposited to the credit of the Revenue Shortfall Reserve Fund
within ninety days of their withdrawal.
(f)
There is hereby created in the State Treasury The Revenue
Shortfall Reserve Fund - Part B
is continued within the State
Treasury. The Revenue Shortfall Reserve Fund - Part B shall
consist of moneys transferred from the West Virginia Tobacco
Settlement Medical Trust Fund pursuant to the provisions of section
two, article eleven-a, chapter four of this code, repayments made
of the loan from the West Virginia Tobacco Settlement Medical Trust
Fund to the Physician's Mutual Insurance Company pursuant to the
provisions of article twenty-f, chapter thirty-three of this code
and all interest and other return earned on the moneys in the
Revenue Shortfall Reserve Fund - Part B. Moneys in the Revenue
Shortfall Reserve Fund - Part B may be expended solely for the
purposes set forth in subsection (d) of this section, subject to
the following conditions:
(1) No moneys in the Revenue Shortfall Reserve Fund - Part B nor
any interest or other return earned thereon may be expended for any
purpose unless all moneys in the Revenue Shortfall Reserve Fund
described in subsection (b) of this section have first been expended, except that the interest or other return earned on moneys
in the Revenue Shortfall Reserve Fund - Part B may be expended as
provided in subdivision (2) of this subsection;
and
(2) Notwithstanding any other provision of this section to the
contrary, the Legislature may appropriate any interest and other
return earned thereon that may accrue on the moneys in the Revenue
Shortfall Reserve Fund - Part B after June 30, 2025, for
expenditure for the purposes set forth in section three, article
eleven-a, chapter four of this code; and
(3) Any appropriation made from Revenue Shortfall Reserve Fund -
Part B shall be made only in instances of revenue shortfalls or
fiscal emergencies of an extraordinary nature.
(g) Subject to the conditions upon expenditures from the Revenue
Shortfall Reserve Fund - Part B prescribed in subsection (f) of
this section, in appropriating moneys pursuant to the provisions of
this section, the Legislature may in any fiscal year appropriate
from the Revenue Shortfall Reserve Fund and the Revenue Shortfall
Reserve Fund - Part B a total amount up to, but not exceeding, ten
percent of the total appropriations from the State Fund, General
Revenue, for the fiscal year just ended.
(h) (1) Of the moneys in the Revenue Shortfall Reserve Fund, $100
million, or such greater amount as may be certified as necessary by
the Director of the Budget for the purposes of subsection (e) of
this section, shall be made available to the West Virginia Board of
Treasury Investments for management and investment of the moneys in
accordance with the provisions of article six-c, chapter twelve of this code. All other moneys in the Revenue Shortfall Reserve Fund
shall be made available to the West Virginia Investment Management
Board for management and investment of the moneys in accordance
with the provisions of article six, chapter twelve of this code.
Any balance of the Revenue Shortfall Reserve Fund, including
accrued interest and other return earned thereon at the end of any
fiscal year,
shall does not revert to the General Fund but shall
remain in the Revenue Shortfall Reserve Fund for the purposes set
forth in this section.
(2) All of the moneys in the Revenue Shortfall Reserve Fund - Part
B shall be made available to the West Virginia Investment
Management Board for management and investment of the moneys in
accordance with the provisions of article six, chapter twelve of
this code. Any balance of the Revenue Shortfall Reserve Fund -
Part B, including accrued interest and other return earned thereon
at the end of any fiscal year, shall not revert to the General Fund
but shall remain in the Revenue Shortfall Reserve Fund - Part B for
the purposes set forth in this section.;
And,
By striking out the title and substituting therefor a new title,
to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 393--A Bill to
amend and reenact §11B-2-20 of the Code of West Virginia, 1931, as
amended, relating to the Revenue Shortfall Reserve Fund; and
allowing the Governor to borrow money from the fund prior to April
1, 2014, if revenues are inadequate to make timely payments of the state's obligations.
On motion of Senator Unger, the Senate concurred in the House of
Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for Senate
Bill No. 393, as amended by the House of Delegates, was then put
upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 393) passed with its House of
Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 393) takes effect from
passage.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
A message from The Clerk of the House of Delegates announced the
amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 426, Relating to appointments to certain
higher education commissions, councils and boards.
On motion of Senator Unger, the message on the bill was taken up
for immediate consideration.
The following House of Delegates amendment to the bill was reported
by the Clerk:
By striking out everything after the enacting section and inserting
in lieu thereof the following:
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-2. Composition of commission; terms and qualifications of
members; vacancies; eligibility for reappointment;
oath of office; removal from office.
(a) The commission is comprised of ten members, all of whom are
entitled to vote. The membership of the commission is as follows:
(1) The Secretary of Education and the Arts, ex officio;
(2) The State Superintendent of Schools, ex officio;
(3) The chair of the West Virginia Council for Community and
Technical College Education, ex officio;
and
(4) Seven at-large members who are citizens of the state, appointed
by the Governor, by and with the advice and consent of the Senate:
Provided, That prior to appointment, the Governor shall interview
each candidate to assure that the person selected understands and
is committed to achieving the goals and objectives as set forth in
the institutional compacts and in section one-a, article one of
this chapter. The Governor shall invite the President of the
Senate, the Speaker of the House of Delegates, the chairs of the
Senate and House of Delegates committees on finance and education
and such other legislative leaders as the Governor may determine to
participate in interviewing potential candidates.
(b) Each of the at-large members appointed by the Governor shall
represent the public interest and shall be committed to the
legislative intent and goals set forth in state law and policy.
(c) The Governor may not appoint any person to be a member of the
commission who is an officer, employee or member of the council or
an advisory board of any state college or university; an officer or
member of any political party executive committee; the holder of
any other public office or public employment under the government
of this state or any of its political subdivisions; an appointee or
employee of any governing board; or an immediate family member of
any employee under the jurisdiction of the commission, the council
or any governing board.
(d) Of the seven at-large members appointed by the Governor:
(1) No more than four may belong to the same political party;
(2) At least two shall be appointed from each congressional
district; and
(3)
Effective July 1, 2008 no No more than one member may serve
from the same county.
(e) The at-large members appointed by the Governor serve
overlapping terms of four years.
(f) The Governor shall appoint a member to fill any vacancy among
the seven at-large members, by and with the advice and consent of
the Senate. Any member appointed to fill a vacancy serves for the
remainder of the unexpired term.
of the vacating member The
Governor shall fill the vacancy within
thirty sixty days of the
occurrence of the vacancy.
(g) An at-large member appointed by the Governor may not serve more
than two consecutive terms.
If the Governor intends to reappoint
an at-large member for a second term, the Governor shall do so
within thirty days prior to expiration of the term. If the
Governor does not reappoint within the thirty-day period, the term
is deemed expired, effective on the scheduled expiration date.
____________________________________________(h) Upon expiration of an at-large member's term, the Governor
shall appoint a successor within sixty days of the end of term. An
at-large member whose term has expired may not serve more than
sixty days following expiration of the term.
____________________________________________(h) (i) Before exercising any authority or performing any duties
as a member of the commission, each member shall qualify as such by taking and subscribing to the oath of office prescribed by section
five, article IV of the Constitution of West Virginia and the
certificate thereof shall be filed with the Secretary of State.
(i) (j) A member of the commission appointed by the Governor may
not be removed from office by the Governor except for official
misconduct, incompetence, neglect of duty or gross immorality and
then only in the manner prescribed by law for the removal of the
state elective officers by the Governor.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Findings; composition of boards; terms and
qualifications of members; vacancies; eligibility
for reappointment.
(a)
Findings. -- The Legislature finds that the State of West
Virginia is served best when the membership of each governing board
includes the following:
(1) The academic expertise and institutional experience of faculty
members and a student of the institution governed by the board;
(2) The technical or professional expertise and institutional
experience of a classified employee of the institution governed by
the board;
(3) An awareness and understanding of the issues facing the
institution governed by the board; and
(4) The diverse perspectives that arise from a membership that is
balanced in terms of gender and varied in terms of race and ethnic
heritage.
(b)
Boards of Governors established continued. -- A Board of Governors is continued at each of the following institutions:
Bluefield State College, Blue Ridge Community and Technical
College,
Bridgemont BridgeValley Community and Technical College,
Concord University, Eastern West Virginia Community and Technical
College, Fairmont State University, Glenville State College,
Kanawha Valley Community and Technical College, Mountwest Community
and Technical College, Marshall University, New River Community and
Technical College, Pierpont Community and Technical College,
Shepherd University, Southern West Virginia Community and Technical
College, West Liberty University, West Virginia Northern Community
and Technical College,
the West Virginia School of Osteopathic
Medicine, West Virginia State University, West Virginia University
and West Virginia University at Parkersburg.
(c)
Board membership. --
(1) An appointment to fill a vacancy on the board or reappointment
of a member who is eligible to serve an additional term is made in
accordance with the provisions of this section.
(2) The Board of Governors for Marshall University consists of
sixteen persons. The Board of Governors for West Virginia
University consists of seventeen persons. The boards of governors
of the other state institutions of higher education consist of
twelve persons.
(3) Each board of governors includes the following members:
(A) A full-time member of the faculty with the rank of instructor
or above duly elected by the faculty of the respective institution;
(B) A member of the student body in good academic standing, enrolled for college credit work and duly elected by the student
body of the respective institution; and
(C) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
(4) For the Board of Governors at Marshall University, thirteen lay
members appointed by the Governor, by and with the advice and
consent of the Senate, pursuant to this section;
(5) For the Board of Governors at West Virginia University, twelve
lay members appointed by the Governor, by and with the advice and
consent of the Senate, pursuant to this section, and additionally:
(A) The Chairperson of the Board of Visitors of West Virginia
University Institute of Technology;
(B) A full-time faculty member representing the extension service
at the institution or a full-time faculty member representing the
health sciences, selected by the faculty senate. (6) For each board of governors of the other state institutions of
higher education, nine lay members appointed by the Governor, by
and with the advice and consent of the Senate, pursuant to this
section.
(A) Of the nine members appointed by the Governor, no more than
five may be of the same political party. Of the thirteen members
appointed by the Governor to the governing board of Marshall
University, no more than eight may be of the same political party.
Of the twelve members appointed by the Governor to the governing
board of West Virginia University, no more than seven may be of the
same political party.
(B) Of the nine members appointed by the Governor, at least five shall be residents of the state. Of the thirteen members appointed
by the Governor to the governing board of Marshall University, at
least eight shall be residents of the state. Of the twelve members
appointed by the Governor to the governing board of West Virginia
University, at least seven shall be residents of the state.
(7) In making lay appointments, the Governor shall consider the
institutional mission and membership characteristics including the
following:
(A) The need for individual skills, knowledge and experience
relevant to governing the institution;
(B) The need for awareness and understanding of institutional
problems and priorities, including those related to research,
teaching and outreach;
(C) The value of gender, racial and ethnic diversity; and
(D) The value of achieving balance in gender and diversity in the
racial and ethnic characteristics of the lay membership of each
board.
(d)
Board member terms. --
(1) The student member serves for a term of one year. Each term
begins on July 1.
(2) The faculty member serves for a term of two years. Each term
begins on July 1. Faculty members are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(3) The member representing classified employees serves for a term
of two years. Each term begins on July 1. Members representing classified employees are eligible to succeed themselves for three
additional terms, not to exceed a total of eight consecutive years.
(4) The appointed lay citizen members serve terms of four years
each and are eligible to succeed themselves for no more than one
additional term, except that citizen members who are appointed to
fill unexpired terms are eligible to succeed themselves for two
full terms after completing an unexpired term.
If the Governor
intends to reappoint a lay citizen member for a second term, the
Governor shall do so within thirty days prior to expiration of the
term. If the Governor does not reappoint within the thirty-day
period, the term is deemed expired, effective on the scheduled
expiration date.
(5) A vacancy in an unexpired term of a member shall be filled for
the unexpired term within
thirty sixty days of the occurrence of
the vacancy in the same manner as the original appointment or
election. Except in the case of a vacancy, all elections are held
and all appointments are made no later than June 30 preceding the
commencement of the term.
A member whose term has expired may not
serve more than sixty days following expiration of the term. Each
board of governors shall elect one of its appointed lay members to
be chairperson in June of each year. A member may not serve as
chairperson for more than four consecutive years.
(6) The appointed members of the boards of governors serve
staggered terms of up to four years.
except that four of the
initial appointments to the governing boards of community and
technical colleges that became independent July 1, 2008, are for terms of two years and five of the initial appointments are for
terms of four years.
(e)
Board member eligibility, expenses. --
(1) A person is ineligible for appointment to membership on a board
of governors of a state institution of higher education under the
following conditions:
(A) For a baccalaureate institution or university, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; an employee of any institution of
higher education; an officer or member of any political party
executive committee; the holder of any other public office or
public employment under the government of this state or any of its
political subdivisions; an employee of any affiliated research
corporation created pursuant to article twelve of this chapter; an
employee of any affiliated foundation organized and operated in
support of one or more state institutions of higher education; or
a member of the council or commission. This subsection does not
prevent the representative from the faculty, classified employees,
students or the superintendent of a county board of education from
being members of the governing boards.
(B) For a community and technical college, a person is ineligible
for appointment who is an officer, employee or member of any other
board of governors; a member of a board of visitors of any public
institution of higher education; an employee of any institution of
higher education; an officer or member of any political party
executive committee; the holder of any other public office, other than an elected county office, or public employment, other than
employment by the county board of education, under the government
of this state or any of its political subdivisions; an employee of
any affiliated research corporation created pursuant to article
twelve of this chapter; an employee of any affiliated foundation
organized and operated in support of one or more state institutions
of higher education; or a member of the council or commission.
This subsection does not prevent the representative from the
faculty, classified employees or students from being members of the
governing boards.
(2) Before exercising any authority or performing any duties as a
member of a governing board, each member shall qualify as such by
taking and subscribing to the oath of office prescribed by section
five, article IV of the Constitution of West Virginia and the
certificate thereof shall be filed with the Secretary of State.
(3) A member of a governing board appointed by the Governor may not
be removed from office by the Governor except for official
misconduct, incompetence, neglect of duty or gross immorality and
then only in the manner prescribed by law for the removal of the
state elective officers by the Governor.
(4) The members of the board of governors serve without
compensation, but are reimbursed for all reasonable and necessary
expenses actually incurred in the performance of official duties
under this article upon presentation of an itemized sworn statement
of expenses.
(5) The president of the institution shall make available resources of the institution for conducting the business of its board of
governors. All expenses incurred by the board of governors and the
institution under this section are paid from funds allocated to the
institution for that purpose.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL
COLLEGE EDUCATION.
§18B-2B-4. Appointment, composition and terms of council.
(a) The council is comprised of thirteen members selected as
follows:
(1) Eight members appointed by the Governor, with the advice and
consent of the Senate
as follows:
(A) One member shall be appointed from each community and technical
college consortia district as established in this
section article.
(B) Prior to appointment, the Governor shall interview each
candidate to assure that the person selected understands and is
committed to achieving the goals and objectives as set forth in the
institutional compacts and in section one-a, article one of this
chapter. The Governor shall invite the President of the Senate,
the Speaker of the House of Delegates, the chairs of the Senate and
House of Delegates committees on finance and education and such
other legislative leaders as the Governor may determine to
participate in interviewing potential candidates.
Each member
appointed to the council by the Governor shall represent the public
interest and shall be committed to the legislative intent and goals
set forth in section one-a, article one of this chapter.
(2) The Chairperson of the West Virginia Workforce Investment Council;
(3) The Executive Director of the West Virginia Development Office,
or designee;
(4) The President of the West Virginia AFL-CIO, or a designee;
(5) The Chair of the Higher Education Policy Commission who serves
as an ex officio, nonvoting member of the council; and
(6) The Assistant Superintendent for Technical and Adult Education
of the State Department of Education who serves as an ex officio,
nonvoting member of the council;
(b) Any appointed member shall be a citizen of the state, shall
represent the public interest and shall understand and be committed
to
the legislative intent and achieving the goals and objectives
set forth in section one-a, article one of this chapter, the
essential conditions set forth in article three-c of this chapter,
and the goals for secondary and post-secondary vocational-
technical-occupational and adult basic education in the state. Any
appointed member shall represent the interests of the business,
labor and employer communities and demonstrate knowledge of the
education needs of the various regions, attainment levels and age
groups within the state.
(c) The Governor may not appoint any person to be a member of the
council who is an officer, employee or member of an advisory board
of any state college or university, the holder of any other public
office or public employment under the government of this state or
any of its political subdivisions, an appointee or employee of any
governing board or an immediate family member of any employee under the jurisdiction of the commission or any governing board. An
individual may not serve on the council who is engaged in
providing, or employed by a person or company whose primary
function is to provide, workforce development services and
activities.
(d) Members of the council serve for staggered terms of four years.
Notwithstanding the provisions of subdivision (1), subsection (a)
of this section, on the effective date of this section any current
member of the council maintains his or her appointment to the
council and continues to serve for the remainder of the term for
which originally appointed. Any additional appointment required by
the provisions of said subdivision shall represent a consortia
district not otherwise represented on the council.
(e) A member appointed by the Governor may not serve more than two
consecutive terms. If the Governor intends to reappoint a member
for a second term, the Governor shall do so within thirty days
prior to expiration of the term. If the Governor does not
reappoint within the thirty-day period, the term is deemed expired,
effective on the scheduled expiration date.
____________________________________________(f) Upon expiration of an appointed member's term, the Governor
shall appoint a successor within sixty days of the end of the term.
An appointed member whose term has expired may not serve more than
sixty days following expiration of the term.
____________________________________________(g) The Governor shall appoint a member to fill any vacancy among
the eight appointed members, by and with the advice and consent of
the Senate. Any member appointed to fill a vacancy serves for the remainder of the unexpired term. The Governor shall fill the
vacancy within sixty days of the occurrence of the vacancy.
On motion of Senator Unger, the Senate concurred in the House of
Delegates amendment to the bill.
Engrossed Senate Bill No. 426, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 426) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 426) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
A message from The Clerk of the House of Delegates announced the
amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 450, Relating to sale and
consumption of alcoholic liquors in certain outdoor dining areas.
On motion of Senator Unger, the message on the bill was taken up
for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and inserting
in lieu thereof the following:
That §60-1-5 of the Code of West Virginia, 1931, as amended, be
amended and reenacted; and that §60-8-3 of said code be amended and
reenacted, all to read as follows:
ARTICLE 1. GENERAL PROVISIONS.
§60-1-5. Definitions.
For the purposes of this chapter:
"Alcohol" shall mean ethyl alcohol whatever its origin and shall
include synthetic ethyl alcohol but not denatured alcohol.
"Beer" shall mean any beverage obtained by the fermentation of
barley, malt, hops or any other similar product or substitute, and
containing more alcohol than that of nonintoxicating beer.
"Nonintoxicating beer" shall mean any beverage, obtained by the
fermentation of barley, malt, hops or similar products or
substitute, and containing not more alcohol than that specified by
section two, article sixteen, chapter eleven
of this code.
"Wine" shall mean any alcoholic beverage obtained by the
fermentation of the natural content of fruits, or other
agricultural products, containing sugar.
"Spirits" shall mean any alcoholic beverage obtained by
distillation and mixed with potable water and other substances in
solution, and includes brandy, rum, whiskey, cordials and gin.
"Alcoholic liquor" shall include alcohol, beer, wine and spirits,
and any liquid or solid capable of being used as a beverage, but
shall not include nonintoxicating beer.
"Original package" shall mean any closed or sealed container or
receptacle used for holding alcoholic liquor.
"Sale" shall mean any transfer, exchange or barter in any manner
or by any means, for a consideration, and shall include all sales
made by principal, proprietor, agent or employee.
"Selling" shall include solicitation or receipt of orders;
possession for sale; and possession with intent to sell.
"Person" shall mean an individual, firm, partnership, limited
partnership, corporation or voluntary association.
"Manufacture" means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with
any alcoholic liquor.
"Manufacturer" shall mean any person engaged in the manufacture of
any alcoholic liquor, and among others includes a distiller, a
rectifier, a wine maker and a brewer.
"Brewery" shall mean an establishment where beer is manufactured
or in any way prepared.
"Winery" shall mean an establishment where wine is manufactured or
in any way prepared.
"Distillery" shall mean an establishment where alcoholic liquor
other than wine or beer is manufactured or in any way prepared.
"Public place" shall mean any place, building or conveyance to
which the public has, or is permitted to have access, including
restaurants, soda fountains, hotel dining rooms, lobbies and
corridors of hotels and any highway, street, lane, park or place of
public resort or amusement:
Provided, That the term "public place"
shall not mean or include any of the above-named places or any
portion or portions thereof which qualify and are licensed under
the provisions of this chapter to sell alcoholic liquors for
consumption on the premises:
Provided, however, That the term
"public place" shall not mean or include any legally demarcated
area designated solely for the consumption of beverages and freshly
prepared food that directly connects and adjoins any portion or
portions of a premises that qualifies and is licensed under the
provisions of this chapter to sell alcoholic liquors for
consumption thereupon: Provided further, That the term "public place" shall also not include a facility constructed primarily for
the use of a Division I college that is a member of the National
Collegiate Athletic Association, or its successor, and used as a
football, basketball, baseball, soccer or other Division I sports
stadium which holds a special license to sell wine pursuant to the
provisions of section three, article eight of this chapter, in the
designated areas of sale and consumption of wine and other
restrictions established by that section and the terms of the
special license issued thereunder.
"State liquor store" shall mean a store established and operated
by the commission under this chapter for the sale of alcoholic
liquor in the original package for consumption off the premises.
"An agency" shall mean a drugstore, grocery store or general store
designated by the commission as a retail distributor of alcoholic
liquor for the West Virginia Alcohol Beverage Control Commissioner.
"Department" shall mean the organization through which the
commission exercises powers imposed upon it by this chapter.
"Commissioner" or "commission" shall mean the West Virginia Alcohol
Beverage Control Commissioner.
"Intoxicated" shall mean having one's faculties impaired by alcohol
or other drugs to the point where physical or mental control or
both are markedly diminished.
ARTICLE 8. SALE OF WINES.
§60-8-3. Licenses; fees; general restrictions.
(a) No person may engage in business in the capacity of a winery,
farm winery, supplier, distributor, retailer, private wine bed and breakfast, private wine restaurant, private wine spa or wine
specialty shop without first obtaining a license from the
commissioner, nor shall a person continue to engage in any activity
after his or her license has expired, been suspended or revoked.
No person may be licensed simultaneously as a distributor and a
retailer. No person, except for a winery or farm winery, may be
licensed simultaneously as a supplier and a retailer. No person
may be licensed simultaneously as a supplier and a private wine bed
and breakfast, private wine restaurant or a private wine spa. No
person may be licensed simultaneously as a distributor and a
private wine bed and breakfast, a private wine restaurant or a
private wine spa. No person may be licensed simultaneously as a
retailer and a private wine bed and breakfast, a private wine
restaurant or a private wine spa.
(b) The commissioner shall collect an annual fee for licenses
issued under this article, as follows:
(1) One hundred fifty dollars per year for a supplier's license;
(2) Two thousand five hundred dollars per year for a distributor's
license and each separate warehouse or other facility from which a
distributor sells, transfers or delivers wine shall be separately
licensed and there shall be collected with respect to each location
the annual license fee of $2,500 as herein provided;
(3) One hundred fifty dollars per year for a retailer's license;
(4) Two hundred fifty dollars per year for a wine specialty shop
license, in addition to any other licensing fees paid by a winery
or retailer holding a license, except for the amount of the license fee and the restriction to sales of winery or farm winery wines, a
winery or farm winery acting as a wine specialty shop retailer is
subject to all other provisions of this article which are
applicable to a wine specialty shop retailer as defined in section
two of this article;
(5) One hundred fifty dollars per year for a wine tasting license;
(6) One hundred fifty dollars per year for a private wine bed and
breakfast license, and each separate bed and breakfast from which
a licensee sells wine shall be separately licensed and there shall
be collected with respect to each location the annual license fee
of $150 as herein provided;
(7) Two hundred fifty dollars per year for a private wine
restaurant license, and each separate restaurant from which a
licensee sells wine shall be separately licensed and there shall be
collected with respect to each location the annual license fee of
$250 as herein provided;
(8) One hundred fifty dollars per year for a private wine spa
license and each separate private wine spa from which a licensee
sells wine shall be separately licensed and there shall be
collected with respect to each location the annual license fee of
$150 as herein provided;
(9) One hundred fifty dollars per year for a wine sampling license
issued for a wine specialty shop under subsection (n) of this
section;
(10) No fee shall be charged for a special one-day license under
subsection (p) of this section or for a heritage fair and festival license under subsection (q) of this section; and
(11) One hundred fifty dollars per year for a direct shipper's
license for a licensee who sells and ships only wine and $250 per
for a direct shipper's license who ships and sells wine,
nonfortified dessert wine, port, sherry or Madeira wines.
(12) Three hundred dollars per year for a multicapacity winery or
farm winery license which shall enable the holder to operate as a
retailer, wine specialty shop, supplier and direct shipper without
obtaining an individual license for each capacity.
(c) The license period shall begin on July 1 of each year and end
on June 30 of the following year and if granted for a less period,
the same shall be computed semiannually in proportion to the
remainder of the fiscal year.
(d) No retailer may be licensed as a private club as provided by
article seven of this chapter, except as provided by subsection (k)
of this section.
(e) No retailer may be licensed as a Class A retail dealer in
nonintoxicating beer as provided by article sixteen, chapter eleven
of this code:
Provided, That a delicatessen, a caterer or party
supply store which is a grocery store as defined in section two of
this article and which is licensed as a Class A retail dealer in
nonintoxicating beer may be a retailer under this article:
Provided, however, That any delicatessen, caterer or party supply
store licensed in both capacities must maintain average monthly
sales exclusive of sales of wine and nonintoxicating beer which
exceed the average monthly sales of nonintoxicating beer.
(f) A wine specialty shop under this article may also hold a wine
tasting license authorizing the retailer to serve complimentary
samples of wine in moderate quantities for tasting. Such wine
specialty shop shall organize a wine taster's club, which has at
least fifty duly elected or approved dues-paying members in good
standing. Such club shall meet on the wine specialty shop's
premises not more than one time per week and shall either meet at
a time when the premises are closed to the general public, or shall
meet in a separate segregated facility on the premises to which the
general public is not admitted. Attendance at tastings shall be
limited to duly elected or approved dues-paying members and their
guests.
(g) A retailer who has more than one place of retail business shall
obtain a license for each separate retail establishment. A
retailer's license may be issued only to the proprietor or owner of
a bona fide grocery store or wine specialty shop.
(h) The commissioner may issue a special license for the retail
sale of wine at any festival or fair which is endorsed or sponsored
by the governing body of a municipality or a county commission.
Such special license shall be issued for a term of no longer than
ten consecutive days and the fee therefor shall be $250 regardless
of the term of the license unless the applicant is the manufacturer
of said wine on a winery or a farm winery as defined in section
five-a, article one of this chapter, in which event the fee shall
be $50 if the event is held on the premises of the winery or farm
winery. The application for the license shall contain information as the commissioner may reasonably require and shall be submitted
to the commissioner at least thirty days prior to the first day
when wine is to be sold at the festival or fair. A winery or a
farm winery licensed under this subsection may exhibit, conduct
tastings or sell samples, not to exceed a reasonable serving of
three ounces, and may sell wine samples for consumption on the
premises during the operation of a festival or fair:
Provided, That
for licensed wineries or farm wineries at a licensed festival or
fair the tastings, samples and off-premises sales shall occur under
the hours of operation as required in this article, except that on
Sunday tastings, samples and off-premises sales are unlawful
between the hours of 2:00 a. m. and 10:00 a. m. A special license
issued other than to a winery or a farm winery may be issued to a
"wine club" as defined herein below. The festival or fair
committee or the governing body shall designate a person to
organize a club under a name which includes the name of the
festival or fair and the words "wine club". The license shall be
issued in the name of the wine club. A licensee may not commence
the sale of wine as provided in this subsection until the wine club
has at least fifty dues-paying members who have been enrolled and
to whom membership cards have been issued. Thereafter, new members
may be enrolled and issued membership cards at any time during the
period for which the license is issued. A wine club licensed under
the provisions of this subsection may sell wine only to its
members, and in portions not to exceed eight ounces per serving.
The sales shall take place on premises or in an area cordoned or segregated so as to be closed to the general public, and the
general public shall not be admitted to the premises or area. A
wine club licensee under the provisions of this subsection shall be
authorized to serve complimentary samples of wine in moderate
quantities for tasting.
A license issued under the provisions of this subsection and the
licensee holding the license shall be subject to all other
provisions of this article and the rules and orders of the
commissioner relating to the special license:
Provided, That the
commissioner may by rule, regulation or order provide for certain
waivers or exceptions with respect to the provisions, rules,
regulations or orders as the circumstances of each festival or fair
may require, including, without limitation, the right to revoke or
suspend any license issued pursuant to this section prior to any
notice or hearing notwithstanding the provisions of section twenty-
seven and twenty-eight of this article:
Provided, however, That
under no circumstances shall the provisions of subsection (c) or
(d), section twenty of this article be waived nor shall any
exception be granted with respect thereto.
A license issued under the provisions of this subsection and the
licensee holding the license is not subject to the provisions of
subsection (g) of this section.
(i) (A) The commissioner may issue a special license for the retail
sale of wine in a professional baseball stadium. A license to sell
wine granted pursuant to this subsection entitles the licensee to
sell and serve wine, for consumption in a professional baseball stadium. For the purpose of this subsection, "professional
baseball stadium" means a facility constructed primarily for the
use of a major or minor league baseball franchisee affiliated with
the National Association of Professional Baseball Leagues, Inc., or
its successor, and used as a major or minor league baseball park.
Any special license issued pursuant to this subsection shall be for
a term beginning on the date of issuance and ending on the next
following June 30, and its fee is $250 regardless of the length of
the term of the license. The application for the special license
shall contain information as the commissioner may reasonably
require and must be submitted to the commissioner at least thirty
days prior to the first day when wine is to be sold at the
professional baseball stadium. The special license may be issued
in the name of the baseball franchisee or the name of the primary
food and beverage vendor under contract with the baseball
franchisee. These sales must take place within the confines of the
professional baseball stadium, provided that the exterior of the
area where wine sales may occur are surrounded by a fence or other
barrier prohibiting entry except upon the franchisee's express
permission, and under the conditions and restrictions established
by the franchisee, so that the wine sales area is closed to free
and unrestricted entry by the general public.
(B) A license issued under this subsection and the licensee holding
the license is subject to all other provisions of this article and
the rules and orders of the commissioner relating to the special
license:
Provided, That the commissioner may by rule or order grant certain waivers or exceptions to those rules or orders as the
circumstances of each professional baseball stadium may require,
including, without limitation, the right to revoke or suspend any
license issued pursuant to this section prior to any notice or
hearing notwithstanding sections twenty-seven and twenty-eight of
this article:
Provided, however, That under no circumstances may
subsection (c) or (d), section twenty of this article be waived nor
shall any exception be granted concerning those subsections.
(C) The commissioner has the authority to propose rules for
legislative approval in accordance with article three, chapter
twenty-nine-a of this code to implement this subsection.
(j) A license to sell wine granted to a private wine bed and
breakfast, private wine restaurant, private wine spa or a private
club under the provisions of this article entitles the operator to
sell and serve wine, for consumption on the premises of the
licensee, when the sale accompanies the serving of food or a meal
to its members and their guests in accordance with the provisions
of this article:
Provided, That a licensed private wine bed and
breakfast, private wine restaurant, private wine spa or a private
club may permit a person over twenty-one years of age to purchase
wine, consume wine and recork or reseal, using a tamper resistant
cork or seal, up to two separate bottles of unconsumed wine in
conjunction with serving of food or a meal to its members and their
guests in accordance with the provisions of this article and in
accordance with regulations promulgated by the commissioner for the
purpose of consumption of said wine off premises:
Provided, however, That for this article, food or a meal provided by the
private licensee means that the total food purchase, excluding
beverage purchases, taxes, gratuity or other fees is at least $15:
Provided further, That a licensed private wine restaurant or a
private club may offer for sale for consumption off the premises,
sealed bottles of wine to its customers provided that no more than
one bottle is sold per each person over twenty-one years of age, as
verified by the private wine restaurant or private club, for
consumption off the premises. Such licensees are authorized to
keep and maintain on their premises a supply of wine in quantities
as may be appropriate for the conduct of operations thereof. Any
sale of wine so made shall be subject to all restrictions set forth
in section twenty of this article. A private wine restaurant may
also be licensed as a Class A retail dealer in nonintoxicating beer
as provided by article sixteen, chapter eleven of this code.
(k) With respect to subsections (h), (i), (j), (o) and (p) of this
section, the commissioner shall promulgate legislative rules in
accordance with the provisions of chapter twenty-nine-a of this
code with regard to the form of the applications, the suitability
of both the applicant and location of the licensed premises and
other legislative rules deemed necessary to carry the provisions of
the subsections into effect.
(l) The commissioner shall promulgate legislative rules in
accordance with the provisions of chapter twenty-nine-a of this
code to allow restaurants to serve wine with meals, and to sell
wine by the bottle for off-premises consumption as provided in subsection (j) of this section. Each restaurant so licensed shall
be charged an additional $100 per year fee.
(m) The commissioner shall establish guidelines to permit wines to
be sold in all stores licensed for retail sales.
(n) Wineries and farm wineries may advertise off premises as
provided in section seven, article twenty-two, chapter seventeen of
this code.
(o) A wine specialty shop under this article may also hold a wine
sampling license authorizing the wine specialty shop to conduct
special wine sampling events at a licensed wine specialty shop
location during regular hours of business. The wine specialty shop
may serve up to three complimentary samples of wine, consisting of
no more than one ounce each, to any one consumer in one day.
Persons serving the complimentary samples must be twenty-one years
of age and an authorized representative of the licensed wine
specialty shop, winery, farm winery or a representative of a
distributor or registered supplier. Distributor and supplier
representatives attending wine sampling events must be registered
with the commissioner. No licensee, employee or representative may
furnish, give or serve complimentary samples of wine to any person
less than twenty-one years of age or to a person who is physically
incapacitated due to the consumption of alcoholic liquor or the use
of drugs. The wine specialty shop shall notify and secure
permission from the commissioner for all wine sampling events one
month prior to the event. Wine sampling events may not exceed six
hours per calendar day. Licensees must purchase all wines used during these events from a licensed farm winery or a licensed
distributor.
(p) The commissioner may issue special one-day licenses to duly
organized, nonprofit corporations and associations allowing the
sale and serving of wine when raising money for athletic,
charitable, educational or religious purposes. The license
application shall contain information as the commissioner may
reasonably require and shall be submitted to the commissioner at
least thirty days prior to the event. Wines used during these
events may be donated by or purchased from a licensed retailer, a
distributor or a farm winery. Under no circumstances may the
provision of subsection (c), section twenty of this article be
waived nor may any exception be granted with respect thereto.
(q) The commissioner may issue special licenses to heritage fairs
and festivals allowing the sale, serving and sampling of wine from
a licensed farm winery. The license application shall contain
information required by the commissioner and shall be submitted to
the commissioner at least thirty days prior to the event. Wines
used during these events may be donated by or purchased from a
licensed farm winery. Under no circumstances may the provision of
subsection (c), section twenty of this article be waived nor may
any exception be granted with respect thereto. The commissioner
shall propose rules for legislative approval in accordance with
article three, chapter twenty-nine-a of this code to implement the
provisions of this subsection.
(r) (1) The commissioner may issue a special license for the retail sale of wine in a college stadium. A license to sell wine granted
pursuant to this subsection entitles the licensee to sell and serve
wine for consumption in a college stadium. For the purpose of this
subsection, "college stadium" means a facility constructed
primarily for the use of a Division I college that is a member of
the National Collegiate Athletic Association, or its successor, and
used as a football, basketball, baseball, soccer or other Division
I sports stadium. A special license issued pursuant to this
subsection shall be for a term beginning on the date of its
issuance and ending on the next following June 30, and its fee is
$250 regardless of the length of the term of the license. The
application for the special license shall contain information as
the commissioner may reasonably require and must be submitted to
the commissioner at least thirty days prior to the first day when
wine is to be sold. The special license may be issued in the name
of the National Collegiate Athletic Association Division I college
or university or the name of the primary food and beverage vendor
under contract with that college or university. These sales must
take place within the confines of the college stadium: Provided,
That the exterior of the area where wine sales may occur are
surrounded by a fence or other barrier prohibiting entry except
upon the college or university's express permission and under the
conditions and restrictions established by the college or
university, so that the wine sales area is closed to free and
unrestricted entry by the general public.
____________________________________________(2) A license issued under this subsection and the licensee are subject to the other requirements of this article and the rules and
orders of the commissioner relating to the special license:
Provided, That the commissioner may by rule or order grant certain
waivers or exceptions to those rules or orders as the circumstances
of each the college stadium may require, including, without
limitation, the right to revoke or suspend any license issued
pursuant to this section prior to any notice or hearing
notwithstanding sections twenty-seven and twenty-eight of this
article: Provided, however, That subsection (c) or (d), section
twenty of this article may not be waived, nor shall any exception
be granted concerning those subsections.
____________________________________________(3) The commissioner may propose rules for legislative approval in
accordance with article three, chapter twenty-nine-a of this code
to implement this subsection.;
And,
By striking out the title and substituting therefor a new title,
to read as follows:
Eng. Com. Sub. for Senate Bill No. 450--A Bill to amend and reenact
§60-1-5 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §60-8-3 of said code, all relating to the
licensed sale and consumption of alcoholic beverages in outdoor
settings adjacent to public places; relating to the sale of liquors
in liquors in outdoor dining areas adjoining an ABCA-licensed
facility; permitting the sale of wine at certain college and
university sports stadiums; establishing the conditions under which
wine may be sold; setting a licensing fee; establishing who may hold a license; stating where wine may be served; granting the
authority to grant waivers and exceptions and to revoke licenses;
defining a term; authorizing rulemaking; and clarifying the
definition of public place as it relates to such special licenses.
On motion of Senator Unger, the Senate concurred in the House of
Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 450, as amended
by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 450) passed with its House of Delegates
amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 450) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
A message from The Clerk of the House of Delegates announced the
amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 469, Creating Veterans and
Warriors to Agriculture Program.
On motion of Senator Unger, the message on the bill was taken up
for immediate consideration.
On pages three and four, section eleven, lines twenty-five through
forty-one, by striking out all of subsection (c) and inserting in
lieu thereof a new subsection, designated subsection (c), to read
as follows:
(c)
Veterans and Warriors to Agriculture Fund. -- There is hereby
created in the State Treasury a special revenue account designated
the Veterans and Warriors to Agriculture Fund. The fund shall
consist of income from leasing the department's property for the
program, surplus funds which may be transferred from the fund
created by section six-a, article twelve-a of this chapter, gifts, grants and donations, and legislative appropriations which may be
made to support the program. Expenditures from the fund shall be
used exclusively, in accordance with appropriations by the
Legislature, to pay costs, fees and expenses necessary to
administer the Veterans and Warriors to Agriculture Program:
Provided, That for fiscal year ending June 30, 2015, expenditures
are authorized from collections rather than pursuant to an
appropriation by the Legislature.
On motion of Senator Unger, the Senate concurred in the House of
Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 469, as amended
by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 469) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
________
The midnight hour having arrived, the President stated all
unfinished legislative business, with the exception of the budget
bill, had expired due to the time element.
A series of messages from the House of Delegates having been
received at his desk, the following communications were reported by
the Clerk:
A message from the Clerk of the House of Delegates announced the
rejection by that body of
Eng. Com. Sub. for Senate Joint Resolution No. 12, Proposing
constitutional amendment designated Protecting and Conserving West
Virginia's Water Resources for the Use and Benefit of its Citizens
Amendment.
A message from the Clerk of the House of Delegates announced the
rejection by that body of
Eng. Com. Sub. for Senate Joint Resolution No. 14, Proposing
constitutional amendment designated Future Fund Amendment.
A message from the Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to the House of
Delegates amendments to, and the passage as amended with its Senate
amended title, of
Eng. Com. Sub. for Senate Bill No. 307, Relating to pretrial
management of persons charged with committing crimes.
A message from the Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to the House of
Delegates amendments to, and the passage as amended with its House
of Delegates amended title, of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 373, Relating to
water resources protection.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the passage of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 395, Relating to
operation and oversight of certain human services benefit programs.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the passage of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 425, Relating to
licensure, supervision and regulation of physician assistants.
A message from the Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to the House of
Delegates amendment to, and the passage as amended, of
Eng. Senate Bill No. 454, Defining dam "owner".
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the adoption of the committee of
conference report, passage as amended by the conference report with
its conference amended title, of
Eng. Com. Sub. for Senate Bill No. 477, Providing teachers
determine use of time during planning period.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the passage of
Eng. Senate Bill No. 485, Exempting DOH from certain permitting
requirements of Natural Streams Preservation Act.
A message from The Clerk of the House of Delegates announced that
that body had receded from its amendments to, and the passage as amended by deletion, to take effect July 1, 2014, of
Eng. Com. Sub. for Senate Bill No. 507, Relating to Board of
Barbers and Cosmetologists.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 535, Clarifying definition of
"ginseng".
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 553, Relating to certificates
of nomination for elected office.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the passage of
Eng. Senate Bill No. 572, Relating to financing statements covering
as-extracted collateral or timber to be cut.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the passage of
Eng. Senate Bill No. 585, Removing unconstitutional language
regarding access to rail lines.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the passage of
Eng. Senate Bill No. 586, Removing unconstitutional language
regarding jurors and verdicts in certain civil litigation.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the passage of
Eng. Senate Bill No. 601, Relating to property assessment appeals.
A message from the Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to the House of
Delegates amendments to, and the passage as amended, of
Eng. Com. Sub. for Senate Bill No. 623, Requiring notification of
certain substance abuse screening of mine personnel.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 631, Extending time for Fayetteville City
Council to meet as levying body.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 2387, Relating to reasonable
accommodations under the West Virginia Fair Housing Act for persons
with disabilities who need assistive animals.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. House Bill No. 2477, Permitting certain auxiliary lighting on
motorcycles.
A message from The Clerk of the House of Delegates announced that
that body had agreed to the changed effective date to take effect
from passage, of
Eng. Com. Sub. for House Bill No. 2606, Permitting the State Rail
Authority to set the salary of the executive director.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 2757, Private cause of action for
the humane destruction of a dog.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 3011, Removing the provision that
requires an applicant to meet federal requirements concerning the
production, distribution and sale of industrial hemp prior to being
licensed.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 3156, Granting a labor
organization a privilege from being compelled to disclose any
communication or information the labor organization or agent
received or acquired in confidence from an employee.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4005, Relating to criminal
offenses for child abuse and child neglect.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the passage as amended, to take effect from passage, of
Eng. Com. Sub. for House Bill No. 4039, Authorizing miscellaneous
boards and agencies to promulgate legislative rules
.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4139, Restricting parental rights
of child custody and visitation when the child was conceived as a
result of a sexual assault or sexual abuse.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4184, Relating to the West
Virginia Tourism Development Act.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4204, Relating to the nonrenewal
or cancellation of property insurance coverage policies in force
for at least four years.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4210, Juvenile sentencing reform.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4220, Relating to waiver of jury
trial in claims arising from consumer transactions.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4228, Repealing or removing
certain portions of education-related statutes that have expired.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4237, Prohibiting the sale,
distribution and use of electronic cigarettes, vapor products and
other alternative nicotine products to persons under the age of
eighteen.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4294, Establishing standards for
court reporters and entities that provide court reporting services.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4316, Creating the student data
accessability, transparency and accountability act.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4335, Relating to a child's right
to nurse.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4339, Ensuring that moneys from
the Solid Waste Authority Closure Cost Assistance Fund are
available to facilitate the closure of the Elkins-Randolph County
Landfill and the Webster County Landfill.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4343, West Virginia Project
Launchpad Act.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. House Bill No. 4346, Establishing separate standards of
performance for carbon dioxide emissions.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4360, Relating to consumer credit
protection.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4560, Relating to reimbursement
for copies of medical records.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. House Bill No. 4588, Protecting unborn children who are
capable of experiencing pain by prohibiting abortion after twenty
weeks.
A message from The Clerk of the House of Delegates announced the
concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. House Bill No. 4601, Relating to fiscal management and
regulation of publicly-owned utilities.
On motion of Senator Unger, the Senate adjourned until tomorrow,
Sunday, March 9, 2014, at 12:05 a.m. for an extended session to
complete action on the annual state budget, under authority of the
Governor's proclamation issued March 5, 2014, extending the second
annual session of the eighty-first Legislature until and including
the twelfth day of March, two thousand fourteen, solely for that
purpose, as being the only permissive legislation within
constitutional purview.
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