Upon expiration of the recess, the Senate reconvened and
proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 5:30 p.m. today:
Eng Senate Bill No. 448, Relating to higher education advisory
boards generally.
The Senate proceeded to the ninth order of business.
Senate Bill No. 735, Supplementing, amending, reducing and
increasing items of existing appropriations from state fund,
general revenue, to department of military affairs and public
safety, West Virginia parole board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 736, Expiring funds to unappropriated balance
in general revenue from higher education improvement fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. House Joint Resolution No. 114, Veterans Bonus Amendment
of 2004.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2801, Requiring the ethics
commission to furnish copies of all advisory opinions issued by the
commission to the West Virginia Legislature and the supreme court
law library.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4019, Prohibiting the
division of motor vehicles' sale of personal information for bulk
distribution of surveys, marketing and solicitations.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 2A. UNIFORM MOTOR VEHICLE RECORDS DISCLOSURE ACT.
§17A-2A-4. Prohibition on disclosure and use of personal
information from motor vehicles' records.
Notwithstanding any other provision of law to the contrary,
and except as provided in sections five through eight, inclusive,
of this article, the division, and any officer, employee, agent or
contractor thereof, may not disclose any personal information
obtained by the division in connection with a motor vehicle record.
Notwithstanding the provisions of this article or any other
provision of law to the contrary, finger images obtained and stored
by the division of motor vehicles as part of the driver's licensing
process may not be disclosed to any person or used for any purpose
other than the processing and issuance of driver's licenses and
associated legal action unless the disclosure or other use is
expressly authorized by this code. Notwithstanding the provisions of this article or any other provision of law to the contrary, an
individual's photograph or image, social security number and
medical or disability information shall not be disclosed pursuant
to subdivisions (2),(3),(5),(7),(8),(10) and (11), section seven of
this article without the express written consent of the person to
whom such information applies.
§17A-2A-7. Permitted disclosures.
The division or its designee shall disclose personal
information as defined in section three of this article to any
person who requests the information if the person: (a) Has proof
of his or her identity; and (b) verifies that the use of the
personal information will be strictly limited to one or more of the
following:
(1) For use by any governmental agency, including any court or
law-enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a governmental agency
in carrying out its functions;
(2) For use in connection with matters of motor vehicle or
driver safety and theft, motor vehicle product alterations, recalls
or advisories, performance monitoring of motor vehicles, motor
vehicle parts and dealers, motor vehicle market research activities
including survey research and removal of nonowner records from the
original owner records of motor vehicle manufacturers;
(3) For use in the normal course of business by a legitimate
business or its agents, employees or contractors:
(A) For the purpose of verifying the accuracy of personal information submitted by the individual to the business or its
agents, employees or contractors; and
(B) If the information as submitted is not correct or is no
longer correct, to obtain the correct information, but only for the
purposes of preventing fraud by, pursuing legal remedies against or
recovering on a debt or security interest against the individual;
(4) For use in conjunction with any civil, criminal,
administrative or arbitral proceeding in any court or governmental
agency or before any self-regulatory body, including the service of
process, investigation in anticipation of litigation, the execution
or enforcement of judgments and orders or pursuant to an order of
any court;
(5) For use in research and producing statistical reports, so
long as the personal information is not published, redisclosed or
used to contact individuals;
(6) For use by any insurer or insurance support organization
or by a self-insured entity, its agents, employees or contractors
in connection with claim investigation activities, antifraud
activities, rating or underwriting;
(7) For use in providing notice to the owners of towed or
impounded vehicles;
(8) For use by any licensed private investigator agency or
licensed security service for any purpose permitted under this section;
(9) For use by an employer or its agent or insurer to obtain or
verify information relating to a holder of a commercial driver's
license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U. S. C. App. 2710, et seq.);
(10) For use in connection with the operation of private toll
transportation facilities; and
_____(11) For bulk distribution for surveys, marketing or
solicitations after the division has implemented methods and
procedures to ensure that the information will be used, rented or
sold solely for bulk distribution for surveys, marketing and
solicitations, and only if the person whose information will be
used has authorized the use of his or her name and address for
those purposes; and
(12) (11) For any other use specifically authorized by law
that is related to the operation of a motor vehicle or public
safety.
§17A-2A-11. Resale or redisclosure.
(a) An authorized recipient of personal information except a
recipient under subsection (11), section seven of this article may
resell or redisclose the information for any use permitted under
said section seven of this article. except the use for bulk
distribution for surveys, marketing or solicitations as provided in
subsection (11), section seven of this article
(b) An authorized recipient of personal information for bulk
distribution for surveys, marketing or solicitations, under
subsection (11), section seven of this article may resell or
redisclose personal information only in accordance with the terms
of said subsection allowing surveys for marketing and solicitations
to be directed only to those individuals who have authorized the use of their name and address for those purposes.
(c) (b) Any authorized recipient who resells or rediscloses
personal information shall: (1) Maintain for a period of not less
than five years, records as to the person or entity receiving
information and the permitted use for which it was obtained; (2)
make the records available for inspection by the division, upon
request; and (3) only be disseminated in accordance with express
consent obtained pursuant to section four of this article.
The bill (Eng. Com. Sub. for H. B. No. 4019), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Bailey, Caldwell and White--3.
Having been engrossed, the bill (Eng. Com. Sub for H. B. No.
4019) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Bailey, Caldwell and White--3.
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. 4019) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4019--A Bill to amend and
reenact §17A-2A-4, §17A-2A-7 and §17A-2A-11 of the code of West
Virginia, 1931, as amended, all relating to limiting disclosure of
personal information from motor vehicle records; and prohibiting
the division of motor vehicles' sale of personal information for
bulk distribution of surveys, marketing and solicitations.
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. 4037, Providing for safe
schools through alternative education programs and providing
certain juvenile justice records to public school officials.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-17. Confidentiality of juvenile records.
(a) Records of a juvenile proceeding conducted under this
chapter are not public records and shall not be disclosed to anyone
unless disclosure is otherwise authorized by this section.
(b) Notwithstanding the provisions of subsection (a) of this
section, a copy of a juvenile's records shall automatically be
disclosed to certain school officials, subject to the following
terms and conditions:
(1) Only the records of certain types of juvenile records
juveniles shall be disclosed. These include, and are limited to,
cases in which:
(A) The juvenile has been charged with an offense which:
would be a felony if the juvenile were an adult and
(i) The offense involves Involves violence against another
person;
(ii) The offense involves Involves possession of a dangerous
or deadly weapon; or
(iii) The offense involves Involves possession or delivery of
a controlled substance as that term is defined in section one
hundred one, article one, chapter sixty-a of this code; and
(B) The juvenile juvenile's case has proceeded to a point
where one or more of the following has occurred:
(i) A judge, magistrate or referee has determined that there is probable cause to believe that the juvenile committed the
offense as charged;
(ii) A judge, magistrate or referee has placed the juvenile on
probation for the offense;
(iii) A judge, magistrate or referee has placed the juvenile
into an improvement period in accordance with section nine of this
article five, chapter forty-nine of this code; or
(iv) Some other type of disposition has been made of the case
other than dismissal.
(2) The circuit court for each judicial circuit in West
Virginia shall designate one person to supervise the disclosure of
juvenile records to certain school officials.
(3) If the juvenile attends a West Virginia public school, the
person designated by the circuit court shall automatically disclose
all records of a juvenile the juvenile's case to the county
superintendent of schools in the county in which the juvenile
attends school The person designated by the circuit court shall
also automatically disclose all records of a juvenile case and to
the principal of the school which the juvenile attends, subject to
the following:
_____(A) At a minimum, the records shall disclose the following
information:
_____(i) Copies of the arrest report;
_____(ii) Copies of all investigations;
_____(iii) Copies of any psychological test results and any mental
health records;
_____(iv) Copies of any evaluation reports for probation or
facility placement; and
_____(v) Any other material that would alert the school to
potential danger that the juvenile may pose to himself, herself or
others;
_____(B) The disclosure of the juvenile's psychological test
results and any mental health records shall only be made in
accordance with subdivision (14) of this subsection;
_____(C) If the disclosure of any record to be automatically
disclosed under this section is restricted in its disclosure by the
Health Insurance Portability and Accountability Act of 1996 and any
amendments and regulations under the act, the person designated by
the circuit court shall provide the superintendent and principal
any notice of the existence of the record that is permissible under
the act and, if applicable, any action that is required to obtain
the record; and
_____(D) When multiple disclosures are required by this subsection,
the person designated by the circuit court is required to disclose
only material in the juvenile record that had not previously been
disclosed to the county superintendent and the principal of the
school which the juvenile attends.
(4) If the juvenile attends a private school in West Virginia,
the person designated by the circuit court shall determine the
identity of the highest ranking person at that school and shall
automatically disclose all records of a juvenile's case to that
person.
(5) If the juvenile does not attend school at the time the
juvenile's case is pending, the person designated by the circuit
court shall not transmit the juvenile's records to any school.
However, the person designated by the circuit court shall transmit
the juvenile's records to any school in West Virginia which the
juvenile subsequently attends.
(6) The person designated by the circuit court shall not
automatically transmit juvenile records to a school which is not
located in West Virginia. Instead, the person designated by the
circuit court shall contact the out-of-state school, inform it that
juvenile records exist and make an inquiry regarding whether the
laws of that state permit the disclosure of juvenile records. If
so, the person designated by the circuit court shall consult with
the circuit judge who presided over the case to determine whether
the juvenile records should be disclosed to the out-of-state
school. The circuit judge shall have discretion in determining
whether to disclose the juvenile records, and shall consider
whether the other state's law regarding disclosure provides for
sufficient confidentiality of juvenile records, using this section
as a guide. If the circuit judge orders the juvenile records to be
disclosed, they shall be disclosed in accordance with the
provisions of subdivision (7) of this subsection.
(7) The person designated by the circuit court shall transmit
the juvenile's records to the appropriate school official under
cover of a letter emphasizing the confidentiality of such records
and directing the official to consult this section of the code. A copy of this section of the code shall be transmitted with the
juvenile's records and cover letter.
(8) Juvenile records must be treated as absolutely
confidential by the school official to whom they are transmitted,
and nothing contained within the juvenile's records shall be noted
on the juvenile's permanent educational record. The juvenile
records are to be maintained in a secure location and are not to be
copied under any circumstances. However, the principal of a school
to whom the records are transmitted shall have the duty to disclose
the contents of those records to any teacher who teaches a class in
which the subject juvenile is enrolled and to the regular driver of
a school bus in which the subject juvenile is regularly transported
to or from school, except that the disclosure of the juvenile's
psychological test results and any mental health records shall only
be made in accordance with subdivision (14) of this subsection.
Furthermore, any school official to whom the juvenile's records are
transmitted may disclose the contents of such records to any adult
within the school system who, in the discretion of the school
official, has the need to be aware of the contents of those
records.
(9) If for any reason a juvenile ceases to attend a school
which possesses that juvenile's records, the appropriate official
at that school shall seal the records and return them to the
circuit court which sent them to that school. If the juvenile has
changed schools for any reason, the former school shall inform the
circuit court of the name and location of the new school which the juvenile attends or will be attending. If the new school is
located within West Virginia, the person designated by the circuit
court shall forward the juvenile's records to the juvenile's new
school in the same manner as provided in subdivision (7) of this
subsection. If the new school is not located within West Virginia,
the person designated by the circuit court shall handle the
juvenile records in accordance with subdivision (6) of this
subsection.
If the juvenile has been found not guilty of an offense for
which records were previously forwarded to the juvenile's school on
the basis of a finding of probable cause, the circuit court shall
not forward those records to the juvenile's new school. However,
this shall not affect records related to other prior or future
offenses. If the juvenile has graduated or quit school, or will
otherwise not be attending another school, the circuit court shall
retain the juvenile's records and handle them as otherwise provided
in this article.
(10) Under no circumstances shall one school transmit a
juvenile's records to another school.
(11) Under no circumstances shall juvenile records be
automatically transmitted to a college, university or other post-
secondary school.
(12) No one shall suffer any penalty, civil or criminal, for
accidentally or negligently attributing certain juvenile records to
the wrong person. However, such person shall have the affirmative
duty to promptly correct any mistake that he or she has made in disclosing juvenile records when the mistake is brought to his or
her attention. A person who intentionally attributes false
information to a certain person shall be subjected to both criminal
and civil penalties, in accordance with subsection (e) of this
section.
(13) If a judge, magistrate or referee has determined that
there is probable cause to believe that a juvenile has committed an
offense but there has been no final adjudication of the charge, the
records which are transmitted by the circuit court shall be
accompanied by a notice which clearly states in bold print that
there has been no determination of delinquency and that our legal
system requires a presumption of innocence.
(14) The county superintendent shall designate the school
psychologist or psychologists to receive the juvenile's
psychological test results and any mental health records. The
psychologist designated shall review the juvenile's psychological
test results and any mental health records and, in the
psychologist's professional judgment, may disclose to the principal
of the school that the juvenile attends and other school employees
who would have a need to know the psychological test results,
mental health records and any behavior that may trigger violence or
other disruptive behavior by the juvenile. Other school employees
include, but are not limited to, any teacher who teaches a class in
which the subject juvenile is enrolled and the regular driver of a
school bus in which the subject juvenile is regularly transported
to or from school.
(c) Notwithstanding the provisions of subsection (a) of this
section, juvenile records may be disclosed, subject to the
following terms and conditions:
(1) If a juvenile case is transferred to the criminal
jurisdiction of the circuit court pursuant to the provisions of
subsection (c) or (d), section ten of this article, the juvenile
records shall be open to public inspection.
(2) If a juvenile case is transferred to the criminal
jurisdiction of the circuit court pursuant to the provisions of
subsection (e), (f) or (g), section ten of this article, the
juvenile records shall be open to public inspection only if the
juvenile fails to file a timely appeal of the transfer order, or
the supreme court of appeals refuses to hear or denies an appeal
which has been timely filed.
(3) If a juvenile is fourteen years of age or older and a
court has determined there is a probable cause to believe the
juvenile committed an offense set forth in subsection (g), section
ten of this article, but the case is not transferred to criminal
jurisdiction, the juvenile records shall be open to public
inspection pending trial only if the juvenile is released on bond
and no longer detained or adjudicated delinquent of the offense.
(4) If a juvenile is younger than fourteen years of age and a
court has determined there is probable cause to believe that the
juvenile committed the crime of murder under section one, two or
three, article two, chapter sixty-one of this code, or the crime of
sexual assault in the first degree under section three, article eight-b of said chapter, but the case is not transferred to
criminal jurisdiction, the juvenile records shall be open to public
inspection pending trial only if the juvenile is released on bond
and no longer detained or adjudicated delinquent of the offense.
(5) Upon a written petition and pursuant to a written order,
the circuit court may permit disclosure of juvenile records to:
(A) A court which has juvenile jurisdiction and has the
juvenile before it in a juvenile proceeding;
(B) A court exercising criminal jurisdiction over the juvenile
which requests such records for the purpose of a presentence report
or disposition proceeding;
(C) The juvenile, the juvenile's parents or legal guardian, or
the juvenile's counsel;
(D) The officials of a public institution to which the
juvenile is committed if they require such records for transfer,
parole or discharge; or
(E) A person who is conducting research. However, juvenile
records may be disclosed for research purposes only upon the
condition that information which would identify the subject
juvenile or the juvenile's family shall not be disclosed.
(d) Any records open to public inspection pursuant to the
provisions of this section are subject to the same requirements
governing the disclosure of adult criminal records.
(e) Any person who willfully violates this section shall be is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one thousand dollars, or confined in the county or regional jail for not more than six months, or both so fined and
confined, and shall be liable for damages in the amount of three
hundred dollars or actual damages, whichever is greater.
The bill (Eng. Com. Sub. for H. B. No. 4037), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Bailey, Caldwell and White--3.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4037) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Bailey, Caldwell and White--3.
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. 4037) 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. 4047, Creating a high growth
business investment tax credit to encourage investment by state
citizens and businesses in certain companies started by fellow West
Virginians.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4068, Allowing the hunting of coyotes by
use of amber colored artificial light with certain restrictions.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. House Bill No. 4083, Continuing the veterans' council.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4086, Including Gulf War and
Afghanistan conflict veterans on the veterans' council.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4123, Authorizing the
supreme court of appeals to create a panel of senior magistrate court clerks.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4134, Substituting the governor's chief
technology officer as a member of the employee suggestion award
program.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4140, Requiring the ethics commission to
establish a code of conduct for state administrative law judges.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES;
DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND
EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES; CODE OF CONDUCT
FOR ADMINISTRATIVE LAW JUDGES.
§6B-2-5a. Code of conduct for state administrative law judges.
(a) As used in this section, "state administrative law judge"
means any public employee, public officer or contractor functioning
as a hearing officer, referee, trial examiner or other position in
state government to whom the authority to conduct an administrative
adjudication has been delegated by an agency or by statute and who exercises independent and impartial judgment in conducting hearings
and in issuing recommended decisions or reports containing findings
of fact and conclusions of law in accordance with applicable
statutes or rules, but does not include any person whose conduct is
subject to the code of judicial conduct promulgated by the West
Virginia supreme court of appeals.
(b) In accordance with the provisions of chapter twenty-nine-a
of this code, the commission, in consultation with the West
Virginia state bar, shall propose rules for legislative approval
establishing a code of conduct for state administrative law judges,
which shall incorporate the following major provisions:
(1) A state administrative law judge shall uphold the
integrity and independence of the administrative judiciary;
(2) A state administrative law judge shall avoid impropriety
and the appearance of impropriety in all activities;
(3) A state administrative law judge shall perform the duties
of the office impartially and diligently;
(4) A state administrative law judge shall regulate the
judge's extra-judicial activities to minimize the risk of conflict
with judicial duties;
(5) A state administrative law judge shall refrain from
political activity inappropriate to the office; and
(6) Appropriate civil penalties and sanctions for violations.
In proposing the rules, the commission shall consider the
model codes of judicial conduct for state administrative law judges
as drafted by the national association of administrative law judges and the American bar association.
(c) The legislative rules shall provide that an individual
agency may develop a code of conduct for its own administrative law
judges, which shall supersede the general code of conduct
established under this section, if the commission determines that
it is in substantial compliance with the objectives of the code
proposed by the commission. Upon granting a waiver to an agency,
the commission shall retain a copy of the agency's code to be made
available to the public.
(d) The commission shall propose the legislative rules by the
first day of October, two thousand four, so that it may be
considered by the Legislature at the regular session in the year
two thousand five, and the commission may not promulgate an
emergency rule on this matter in the interim.
The bill (Eng. H. B. No. 4140), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Bailey, Caldwell and White--3.
Having been engrossed, the bill (Eng. H. B. No. 4140) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Bailey, Caldwell and White--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4140) 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. 4148, Allowing bail bondsmen
to deliver offenders to county or regional jails without bailpiece
if a magistrate or circuit clerk is inaccessible.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for House Bill No. 4259, Revising the
composition, powers and duties of the Governor's Cabinet on
Children and Families.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page eighteen, section three, by striking out all of
subdivisions (5) and (6) and inserting in lieu thereof the
following:
(5) Report annually to the joint committee on government and
finance on its progress in implementing the comprehensive multiyear
state plan required under subdivision (2) of this section; and
(6) Submit an annual electronic report before the first day of
January to the Legislature and a written copy of the report to the
legislative librarian on its financial transactions for the
preceding year, minutes of its meetings, narrative descriptions of
any training sessions, conferences or other events and a progress
report on its implementation of the comprehensive multiyear state
plan required under subdivision (2) of this section.
The bill (Eng. Com. Sub. for H. B. No. 4259), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Bailey, Caldwell and White--3.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4259) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Bailey, Caldwell and White--3.
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. 4259) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Chafin, Deem,
Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder,
Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Bailey, Caldwell and White--3.
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. 4259) 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. 4318, Imposing personal
income tax on funds withdrawn from a prepaid college tuition
contract or other college savings plans.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4330, Revising the law governing vital
records.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page three, 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 §16-5-36, to read as
follows:
ARTICLE 5. VITAL STATISTICS.
§16-5-36. Electronic filing.
That any certificate filed pursuant to this article may be
filed electronically.
The bill (Eng. H. B. No. 4330), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Bailey, Caldwell and White--3.
Having been engrossed, the bill (Eng. H. B. No. 4330) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Bailey, Caldwell and White--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4330) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:
On pages one through three, by striking out the title and substituting therefor a new title, to read as follows:
Eng. House Bill No. 4330--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-5-36, relating to vital statistics; and authorizing
electronic filing of certificates.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4351, Continuing the waste tire
remediation program.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 4354, Authorizing county
commissions to adopt ordinances to reduce false alarms.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
section in inserting in lieu thereof the following:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3oo. Authority to adopt ordinances relating to false alarms.
(a) In addition to all other powers and duties they now
possess, county commissions may enact ordinances, establish a
system of administration and enforcement, assess fees and
penalties, issue orders and take other necessary and appropriate
actions for the reduction and elimination of false alarms.
(b) The provisions of any false alarm ordinance adopted by a
county commission pursuant to this section shall take precedence
over any other county ordinance pertaining to false alarms.
(c) Any false alarm ordinance adopted by a county commission
shall provide that on or before the first day of January, two
thousand six, county 911 centers will only accept calls from
underwriters laboratories certified central stations and be
consistent with the standards relating to burglar, security,
medical and fire alarms as established by the national burglar and
fire alarm association, the national alarm reduction association or
their successor organizations.
(d) The county commission shall appoint an alarm administrator
to administer the false alarm ordinance. In counties that have an
enhanced emergency telephone system pursuant to section six,
article six, chapter twenty-four of this code, the enhanced
emergency telephone system director shall be the administrator. In
counties without an enhanced emergency telephone system, the alarm
administrator shall be knowledgeable and qualified in the areas of
alarm systems and false alarm reduction efforts.
(e) The false alarm ordinance shall provide for the
appointment of a false alarm advisory board, which shall consist of
the alarm administrator, the county sheriff or other
law-enforcement officer, a chief from a county fire department, or
his or her designee, a representative from the alarm industry and
a member-at-large selected by the county commission to serve a
two-year term. The advisory board shall review, assist and make recommendations concerning false alarm reduction efforts and report
to the commission.
The bill (Eng. Com. Sub. for H. B. No. 4354), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Bailey and Caldwell--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4354) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and Caldwell--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. 4354) 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. 4364, Including division of
forestry employees in the assault and battery statute with similar
state personnel.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4403, Repealing the requirement of
affidavits acknowledging receipt of compensation.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4418, Continuing the board of architects.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4419, Continuing the board of landscape
architects.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4456, Extending the time for the Harrison
County commission to submit a proposed levy to the Harrison County
voters for approval or rejection intended to finance vital public
services.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4464, Extending the time for the county
commission of Cabell County to present to the voters an election to
consider an excess levy for fire protection services, firefighting
training and economic development.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4468, Allowing housing development
authorities to pay for persons of eligible income the costs of
preparation and recording of any title instrument, deed of trust,
note or security instrument and the amount of impact fees imposed.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4480, Continuing West Virginia's
participation in the interstate commission on the Potomac River
basin.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4501, Creating exemptions
from the consumers sales and services tax for e-commerce vendors
and other high technology businesses.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators Sprouse, Harrison, McKenzie, Guills,
Facemyer, Deem, Minear, Weeks, Boley and Smith, the following
amendment to the bill was reported by the Clerk:
On page two, after the article heading by inserting a new section, designated section nine-g, to read as follows:
§11-15-9g. Exemption for clothing, footwear and school supplies
for limited period in the year two thousand four.
(a) The sale of an article of clothing or footwear designed to
be worn on or about the human body and the sale of school supplies,
such as pens, pencils, binders, notebooks, reference books, book
bags, lunch boxes, computers, computer accessories and calculators,
is exempted from the taxes imposed by this article if:
(1) The sales price of the article or school supply, except
for a computer or computer accessory, is less than one hundred
dollars;
(2) The sales price of a computer is less than seven hundred
fifty dollars after credit for any manufacturer's rebate or
computer accessory is less than one hundred dollars after credit
for any manufacturer's rebate; and
(3) The sale takes place during a period beginning at 12:01
a.m. eastern daylight time on the first Friday in August, two
thousand three four, and ending at 12 midnight eastern daylight
time on the following Sunday in August, two thousand three four.
(b) This section does not apply to:
(1) Any special clothing or footwear that is primarily
designed for athletic activity or protective use and that is not
normally worn except when used for the athletic activity or
protective use for which it is designed;
(2) Accessories, including jewelry, handbags, luggage,
umbrellas, wallets, watches and similar items carried on or about the human body, without regard to whether worn on the body in a
manner characteristic of clothing;
(3) The rental of clothing, footwear or school supplies;
(4) Furniture; and
(5) Tangible personal property for use in a trade or business.
The question being on the adoption of the amendment offered by
Senators Sprouse, Harrison, McKenzie, Guills, Facemyer, Deem,
Minear, Weeks, Boley and Smith to the bill (Eng. Com. Sub. for H.
B. No. 4501), and on this question, Senator Sprouse demanded the
yeas and nays.
The roll being taken, the yeas were: Boley, Bowman, Chafin,
Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and Caldwell--2.
So, a majority of those present and voting having voted in the
affirmative, the President declared the amendment offered by
Senators Sprouse, Harrison, McKenzie, Guills, Facemyer, Deem,
Minear, Weeks, Boley and Smith to bill (Eng. Com. Sub. for H. B.
No. 4501) adopted.
On motion of Senator Sprouse, the following amendment to the
bill was next reported by the Clerk and adopted:
On page two, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as
follows:
That §11-15-9g of the code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §11-15-9h, all to read as
follows:.
The bill (Eng. Com. Sub. for H. B. No. 4501), as amended, was
then ordered to third reading.
On motion of Senator Sprouse, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--31.
The nays were: Chafin--1.
Absent: Bailey and Caldwell--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4501) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and Caldwell--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. 4501) passed.
On motion of Senator Sprouse, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4501--A Bill to amend and
reenact §11-15-9g of the code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§11-15-9h, all relating to the sales tax holiday on back-to-school
purchases; providing an exemption from consumers sales tax for
sales of computer hardware and software directly incorporated into
manufactured products; creating exemptions for payment of certain
licensing fees, for sales of computer hardware and software
directly used in communication, for sales of electronic data
processing services, for sales of certain educational software to
be used in certain educational or nonprofit institutions, for sales
of internet advertising of goods and services and for certain sales
of high technology business services; and providing definitions.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: Boley, Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bailey and Caldwell--2.
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. 4501) takes effect July 1, 2004.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4531, Continuing the public employees
insurance agency finance board.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4532, Continuing the state fire
commission.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4566, Allowing continued
employment of a spouse of a newly elected county commissioner with
tenured service with a county agency to keep their job.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page three, section fifteen, line nineteen, by striking out
the words "for at least five years".
The bill (Eng. Com. Sub. for H. B. No. 4566), as amended, was
then ordered to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--31.
The nays were: Harrison--1.
Absent: Bailey and Caldwell--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4566) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder,
Unger, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Harrison and Sprouse--2.
Absent: Bailey and Caldwell--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. 4566) 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. 4581, Continuing the division of
protective services.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4622, Repealing the section of the code
relating to the exemption of lottery prizes from taxation.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4625, Authorizing the tourism commission
the use of the tourism promotion fund to support the 2004 Pete Dye
West Virginia Classic.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Helmick, as chair of the Committee
on Finance, and by unanimous consent, the unreported Finance
committee amendments to the bill were withdrawn.
The bill (Eng. H. B. No. 4625) was then ordered to third
reading.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 11th day of March, 2004, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. No. 4108), Authorizing sun screening devices that
exceed statutory limits to be used in law-enforcement K-9 and other
emergency vehicles that haul animals.
And,
(Com. Sub. for H. B. No. 4273), Changing the authority to
appoint guardians of minors from the county commission to the
family court.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 133, Budget bill.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 133 (originating in the
Committee on Finance)--A Bill making appropriations of public money
out of the treasury in accordance with section fifty-one, article
VI of the constitution.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 133) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--30.
The nays were: None.
Absent: Bailey, Caldwell, Snyder and White--4.
The bill (Com. Sub. for S. B. No. 133) was then read a second time.
On motion of Senator Plymale, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
O
n page seventy-three, section one, line forty-six, by
striking out "$310,808,252" and inserting in lieu thereof
"$261,674,248";
On page seventy-five, section one, after line one hundred two,
by adding a new fund, to read as follows:
West Virginia Community and Technical College Council
Control Account
West Virginia Council for Community and
Technical College Education $ 417,080
New River Community and Technical College
of Bluefield State College 6,449,364
Eastern West Virginia Community and
Technical College 1,927,057
Fairmont State Community and
Technical College 6,817,666
Shepherd Community and Technical College 2,079,121
West Virginia State Community and
Technical College 2,695,517
Southern West Virginia Community and
Technical College 7,087,467
West Virginia Northern Community and
Technical College 5,503,518
West Virginia University -
Parkersburg 7,860,740
West Virginia University Institute
of Technology Community and
Technical College 3,146,228
Marshall University Community and
Technical College 5,150,246
Total $49,134,004;
On page one hundred forty-one, section four, line forty-two, by
striking out "$46,203,455" and inserting in lieu of thereof
"$45,146,698";
And,
On page one hundred forty-two, section four, after line forty-
nine, by adding a new fund, to read as follows:
West Virginia Community and Technical College Council
Control Account
Unclassified $ 650,000
Community and Technical Colleges-
Special Projects 406,757
Total $ 1,056,757
The bill, as amended, was ordered to engrossment and third
reading.
Engrossed Committee Substitute for Senate Bill No. 133 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder,
Sprouse, Unger, Weeks and Tomblin (Mr. President)--30.
The nays were: Harrison--1.
Absent: Bailey, Caldwell and White--3.
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 Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Chafin, Deem,
Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse,
Unger, Weeks and Tomblin (Mr. President)--30.
The nays were: Harrison--1.
Absent: Bailey, Caldwell and White--3.
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 and request concurrence therein.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 67, Requesting Joint
Committee on Government and Finance study criminal penalties for interference with medical treatment of railroad employees.
Senate Concurrent Resolution No. 75, Requesting Joint
Committee on Government and Finance study requiring arresting
agency pay certain costs of incarceration.
House Concurrent Resolution No. 47, Requesting a study on
providing limitations on nurse overtime policies in hospitals
operated by state agencies within West Virginia.
And,
House Concurrent Resolution No. 55, Requesting a study whether
wild ginseng and cultivated ginseng should be regulated in the same
manner.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2706, Relating to
compensation paid to members of the education and state employees
grievance board.
With amendments from the Committee on Government Organization
pending;
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 10, 2004;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred; but under the original double
committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Government Organization pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3097, Prescribing proper
venue in civil actions involving West Virginia university and
Marshall university.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3097) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 3150, Barring state officers, agencies or
entities from requiring that surety, payment, performance or bid
bonds be obtained from any particular company.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. H. B. No. 3150) was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4009, Creating a position
for a state Americans with disabilities coordinator within the department of administration.
With amendments from the Committee on Government Organization
pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 8, 2004;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred; and as last amended by the
Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4055, Creating a compact between states
for the protection and return of juvenile offenders, runaways and
other juveniles.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4055) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4085, Clarifying certain
terms related to the Ron Yost Personal Assistance Services Act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4085) contained in
the preceding report from the Committee on Health and Human
Resources was taken up for immediate consideration, read a first
time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4119, Allowing a phase-in of the transfer
of hotel taxing authority when a municipality annexes a hotel to
allow the retirement of any debt incurred by the county or to otherwise phase in the transfer of taxing authority to the
municipality.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 8, 2004;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 4119) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration and read a second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:
On page five, section four, line three, by striking out the
words "A majority" and inserting in lieu thereof the word "All";
And,
On page five, section four, line five, by striking out the
words "a majority of".
The bill (Eng. H. B. No. 4119), as amended, was then ordered
to third reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4166, Removing the
description requirements in deeds for easements and rights-of-way
for mineral leases.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4166) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4247, Clarifying that the board of
registration for professional engineers may assess civil penalties.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4247) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4257, Increasing the amount
of prizes that may be given in the conduct of charitable raffles
without a license.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 8, 2004;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4266, Requiring regulatory
agencies of government, with exceptions, to study ways to expedite
the issuance of licenses, permits and certificates.
With amendments from the Committee on Government Organization
pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 8, 2004;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred; and as last amended by the
Committee on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4266) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk:
On page two, 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 article, designated §5-29-1 and §5-29-2;
that §22B-1-9 of said code be amended and reenacted; and that §22B-
2-3 of said code be amended and reenacted,
all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 29. EXPEDITIOUS ISSUANCE OF LICENSES BY REGULATORY AGENCIES.
§5-29-1. Purpose of article.
The purpose of this article is to provide for more expeditious
and efficient issuance of permits, licenses or certificates by
state regulatory agencies to business entities that are in good
standing in the payment of taxes and other obligations to the
state. For the purposes of this article, a business entity in good
standing is one that:
(1) Has conducted commercial activities in this state for at
least two years
;
(2) Has paid any business tax, workers' compensation or
unemployment compensation premiums due in the preceding two years;
and
(3) Has not engaged in activities for which any claim of a
substantial violation of any statute or rule has occurred in the
previous two years.
§5-29-2. Regulatory agencies to study expedited permits, licenses
and certificates; reports to the Legislature.
(a) The following regulatory agencies shall study, review and
develop a plan for expediting the issuance and renewal of permits,
licenses and certificates for business entities in good standing:
(1) Division of labor;
(2) The office of miners' health, safety and training;
(3) The division of forestry;
(4) The office of health facilities licensure and
certification within the department of health and human resources; and
(5) The department of environmental protection, excepting the
oil and gas inspectors' examining board.
(b) On or before the first day of December, two thousand four,
each agency to which this article applies shall file a report with
the joint standing committee on government organization setting
forth the findings of its study, its plan to expedite the issuance
and renewal of permits, licenses and certificates to business
entities in good standing and its recommendations for any
legislation required to meet the purposes of this article.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
ARTICLE 1. GENERAL POLICY AND PURPOSE.
§22B-1-9. General provisions for judicial review.
(a) Any person or a chief or the director, as the case may be,
adversely affected by an order made and entered by a board the
environmental quality board or surface mine board after an appeal
hearing, held in accordance with the provisions of this chapter, is
entitled to judicial review thereof. All of the provisions of
section four, article five, chapter twenty-nine-a of this code
apply to and govern the review with like effect as if the
provisions of said section were set forth in extenso in this
section, with the modifications or exceptions set forth in this
chapter.
(b) The judgment of the circuit court is final unless
reversed, vacated or modified on appeal to the supreme court of
appeals, in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code, except that
notwithstanding the provisions of said section the petition seeking
such review shall be filed with the supreme court of appeals within
ninety days from the date of entry of the judgment of the circuit
court.
(c) Legal counsel and services for a chief or the director in
all appeal proceedings in the circuit court and in the supreme
court of appeals of this state shall be provided by the attorney
general or his or her assistants or by the prosecuting attorney of
the county in which the appeal is taken, all without additional
compensation, or with the prior written approval of the attorney
general, a chief or the director may employ legal counsel.
ARTICLE 2. AIR QUALITY BOARD.
§22B-2-3. Judicial review of air quality board orders.
(a) Any person or chief or the director, as the case may be,
adversely affected by an order made and entered by the air quality
board after an appeal hearing held in accordance with the
provisions of this chapter may appeal directly to the supreme court
of appeals of this state in accordance with the provisions of
section one, article six, chapter twenty-nine-a of this code:
Provided, That the petition seeking review by the supreme court of
appeals shall be filed with the court within sixty days from the
date of entry of the order of the air quality control board.
(b) Legal counsel and services for a chief or the director in
all appeal proceedings in the supreme court of appeals of this
state shall be provided by the attorney general or his or her assistants
.
The following amendment to the Government Organization
committee amendment to the bill (Eng. Com. Sub. for H. B. No.
4266), from the Committee on the Judiciary, was reported by the
Clerk and adopted:
On page three, after section two, by striking out the
remainder of the bill.
The question now being on the adoption of the Government
Organization committee amendment to the bill, as amended, the same
was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 4266), as amended, was
then ordered to third reading.
On motion of Senator Kessler, the Senate reconsidered its
action by which it immediately hereinbefore adopted the Government
Organization committee amendment to the bill, as amended.
The vote thereon having been reconsidered,
The question again being on the adoption of the Government
Organization committee amendment to the bill, as amended.
On motion of Senator Kessler, the following amendment to the
Government Organization committee amendment to the bill (Eng. Com.
Sub. for H. B. No. 4266) was next reported by the Clerk and
adopted:
On page one, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §5F-4-1 and §5F-4-2,
all to read as follows:.
The question now being on the adoption of the Government
Organization committee amendment to the bill, the same was put and
prevailed.
The bill (Eng. Com. Sub. for H. B. No. 4266), as amended, was
then ordered to third reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4295, Exempting state bonds from taxation.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 4295) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4303, Relating to
Gramm-Leach-Bliley and reciprocity.
With an amendment from the Committee on Banking and Insurance pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Banking and Insurance to which
the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4303) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 4374, Relating to
manufactured housing construction and safety standards.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4374) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4516, Relating to the state
conservation committee and conservation districts.
With amendments from the Committee on Government Organization
pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 8, 2004;
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4521, Increasing the current annual registration fee for underground storage tanks and requiring the
DEP to annually report on the status of the fund and the
underground storage tank program.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 8, 2004;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4552, Relating to grounds for the
revocation of teacher certificates.
And reports the same back without recommendation as to
passage.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. H. B. No. 4552) contained in the preceding
report from the Committee on Education was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Plymale, the bill was rereferred to the Committee on Education.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4553, Relating to standards for awarding
certificates to teach in the public schools.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. H. B. No. 4553) contained in the preceding
report from the Committee on Education was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. House Bill No. 4587, Including persons who are members or
consultants to review organizations within the definition of health
care professionals for peer review purposes.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. H. B. No. 4587) contained in the preceding
report from the Committee on Health and Human Resources was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4605, Clarifying certain
provisions of the West Virginia Code as they relate to domestic
violence offenses and related protective orders that are issued by
various courts.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4605) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4607, Conferring the duties
of the industrial revenue bond allocation review committee to the
board of the West Virginia economic development authority.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4607) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4523, Allowing certain racing associations
or licensees qualifying for an alternate tax to increase the number
of races each performance.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 4523) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on the Judiciary pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4536, Establishing the
law-enforcement reemployment act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4536) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. House Bill No. 4641, Establishing a credentialing program
for dialysis technicians by the board of registered professional
nurses.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. H. B. No. 4641) contained in the preceding
report from the Committee on Health and Human Resources was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4655, Giving the children's
health insurance program the right of subrogation.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4655) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4709, Allowing the commissioner of labor
to charge fees for laboratory services and calibrations.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 9, 2004;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4740, Relating to the establishment,
initial funding and operation of a patient injury compensation
fund.
With amendments from the Committee on the Judiciary pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 10, 2004;
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 4740) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration and read a second time.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, and by unanimous consent, the unreported
Judiciary committee amendment to the bill was withdrawn.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page three, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 12D. WEST VIRGINIA PATIENT INJURY COMPENSATION FUND.
§29-12D-1. Creation of patient injury compensation fund; purpose;
initial funding of patient injury compensation fund.
(a) There is created the West Virginia patient injury
compensation fund for the purpose of providing fair and reasonable
compensation to claimants in medical malpractice actions for any
portion of economic damages awarded that is uncollectible as a
result of limitations on economic damage awards for trauma care or as a result of the operation of the joint and several liability
principles and standards set forth in article seven-b, chapter
fifty-five of this code. The fund shall consist of all
contributions, revenues and moneys which may be paid into the fund,
from time to time, by the state of West Virginia or from any other
source whatsoever, together with any and all interest, earnings,
dividends, distributions, moneys or revenues of any nature
whatsoever accruing to the fund.
(b) Initial funding for the fund shall be provided as follows:
during fiscal year two thousand five, two million two hundred
thousand dollars of the revenues that would otherwise be
transferred to the tobacco account established at subsection (b),
section two, article eleven-a, chapter four of this code pursuant
to the provisions of section fourteen, article three, chapter
thirty-three of this code shall be transferred to the fund; during
fiscal year two thousand six, two million two hundred thousand
dollars of the revenues that would otherwise be transferred to the
tobacco account established at subsection (b), section two, article
eleven-a, chapter four of this code pursuant to the provisions of
section fourteen, article three, chapter thirty-three of this code
shall be transferred to the fund; and during fiscal year two
thousand seven, two million two hundred thousand dollars of the
revenues that would otherwise be transferred to the tobacco account
established at subsection (b), section two, article eleven-a,
chapter four of this code pursuant to the provisions of section
fourteen, article three, chapter thirty-three of this code shall be transferred to the fund. Beginning fiscal year two thousand eight,
if and to the extent additional funding for the fund is required,
from time to time, to maintain the actuarial soundness of the fund,
the additional funding may be provided by further act of the
Legislature, either from the revenue stream identified in this
subsection or otherwise. Payments to the tobacco fund shall be
extended until the tobacco fund is repaid in full.
(c) The fund is not and shall not be considered a defendant in
any civil action arising under article seven-b, chapter fifty-five
of this code.
(d) The fund is not and shall not be considered an insurance
company or insurer for any purpose under this code.
§29-12D-2. Administration of fund; investment of fund assets;
annual actuarial review and audit; fund assets and
liabilities not assets and liabilities of the state.
(a) The patient injury compensation fund shall be implemented,
administered and operated by the board of risk and insurance
management. In addition to any other powers and authority
expressly or impliedly conferred on the board of risk and insurance
management in this code, the board may:
(1) Receive, collect and deposit all revenues and moneys due
the fund;
(2) Employ, or in accordance with the provisions of law
applicable contract for personal, professional or consulting
services, retain the services of a qualified competent actuary to
perform the annual actuarial study of the fund required by this section and advise the board on all aspects of the fund's
administration, operation and defense which require application of
the actuarial science;
(3) Contract for any services necessary or advisable to
implement the authority and discharge the responsibilities
conferred and imposed on the board by this article;
(4) Employ, or contract with, legal counsel of the board's
choosing to advise and represent the board and represent the fund
in respect of any and all matters relating to the operation of the
fund and payments out of the fund;
(5) Employ necessary or appropriate clerical personnel to
carry out the responsibilities of the board under this part; and
(6) Promulgate rules, in accordance with article three,
chapter twenty-nine-a of this code, as it considers necessary or
advisable to implement the authority of and discharge the
responsibilities conferred and imposed on the board by this
article.
(b) The assets of the fund, and any and all income, dividends,
distributions or other income or moneys earned by or accruing to
the benefit of the fund, shall be held in trust for the purposes
contemplated by this article and shall not be spent for any other
purpose: Provided, That the assets of the fund may be used to pay
for all reasonable costs and expenses of any nature whatsoever
associated with the ongoing administration and operation of the
fund. All assets of the fund, from time to time, shall be
deposited with, held and invested by, and accounted for separately by the investment management board. All moneys and assets of the
fund shall be invested and reinvested by the investment management
board in the same manner as provided by law for the investment of
other trust fund assets held and invested by the investment
management board.
(c) The board shall cause an annual review of the assets and
liabilities of the fund to be conducted on an annual basis by a
qualified, independent actuary.
(d) The board shall cause an audit of the fund to be conducted
on an annual basis by a qualified, independent auditor.
(e) The state of West Virginia is not liable for any
liabilities of the fund. Claims or expenses against the fund are
not a debt of the state of West Virginia or a charge against the
general revenue fund of the state of West Virginia.
§29-12D-3. Payments from the patient injury compensation fund.
(a) Other than payments in connection with the ongoing
operation and administration of the fund, no payments may be made
from the fund other than in satisfaction of claims for economic
damages to qualified claimants who would have collected economic
damages but for the operation of the limits on economic damages set
forth in article seven-b, chapter fifty-five of this code.
(b) For purposes of this article, a qualified claimant must be
both a "patient" and a "plaintiff" as those terms are defined in
article seven-b, chapter fifty-five of this code.
(c) Any qualified claimant seeking payment from the fund must
establish to the satisfaction of the board that he or she has exhausted all reasonable means to recover from all applicable
liability insurance an award of economic damages following
procedures prescribed by the board by legislative rule.
(d) Upon a determination by the board that a qualified
claimant to the fund for compensation has exhausted all reasonable
means to recover from all applicable liability insurance an award
of economic damages arising under article seven-b, chapter fifty-
five of this code, the board shall make a payment or payments to
the claimant for economic damages. The economic damages must have
been awarded but be uncollectible after the exhaustion of all
reasonable means of recovery of applicable insurance proceeds. In
no event shall the amount paid by the board in respect to any one
occurrence exceed one million dollars or the maximum amount of
money that could have been collected from all applicable insurance
prior to the creation of the patient injury compensation fund under
this article, regardless of the number of plaintiffs or the number
of defendants or, in the case of wrongful death, regardless of the
number of distributees.
(e) The board, in its discretion, may make payments to a
qualified claimant in a lump sum amount or in the form of periodic
payments. Periodic payments are to be based upon the present value
of the total amount to be paid by the fund to the claimant by using
federally approved qualified assignments.
(f) In its discretion, the board may make a payment or
payments out of the fund to a qualified claimant in connection with
the settlement of claims arising under article seven-b, chapter fifty-five of this code, all according to rules promulgated by the
board. The board shall prior to making payment determine that
payment from the fund to a qualified claimant is in the best
interests of the fund. When the claimant and the board agree upon
a settlement amount, the following procedure shall be followed:
(1) A petition shall be filed by the claimant with the court
in which the action is pending or, if none is pending, in a court
of appropriate jurisdiction, for approval of the agreement between
the claimant and the board.
(2) The court shall set the petition for hearing as soon as
the court's calendar permits. Notice of the time, date and place
of hearing shall be given to the claimant and to the board.
(3) At the hearing the court shall approve the proposed
settlement if the court finds it to be valid, just and equitable.
(g) If and to the extent that any payment to one or more
qualified claimants under this section would deplete the fund
during any fiscal year, payments to and among qualified claimant's
shall be prorated during the fiscal year according to the rules
promulgated by the board. Any amounts due and unpaid to qualified
claimants shall be paid in subsequent fiscal years from available
funds, but only to the extent funds are available in any fiscal
year, according to the board's rules.
(h) Payments out of the fund may be used to pay reasonable
attorney fees of attorneys representing qualified claimants
receiving compensation in respect of economic damages as
established by the board of risk and insurance management.
(i) The claimant may appeal a final decision made by the board
pursuant to the provisions of article five, chapter twenty-nine-a
of this code.
The bill (Eng. H. B. No. 4740), as amended, was then ordered
to third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Boley,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--31.
The nays were: Weeks--1.
Absent: Bailey and Caldwell--2.
Having been engrossed, the bill (Eng. H. B. No. 4740) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and Caldwell--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4740) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. House Bill No. 4740--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §29-12D-1, §29-12D-2 and §29-12D-3, all relating to the
establishment, initial funding and operation of a patient injury
compensation fund; creating a patient injury compensation fund;
providing initial funding; providing the fund is not an insurer or
insurance company under the code; providing for administration by
the board of risk and insurance management; specifying certain
powers and authority of the board; protecting the assets of the
fund; requiring an annual audit of the fund by an independent
actuary; providing immunity for the state and its agents for the
debts, liabilities or obligations of the fund; providing for
payments from the fund to qualified claimants; providing limits on
the amount on payment in respect of any occurrence; authorizing
payments from the fund either in lump sums or periodic payments;
establishing procedures; providing for proration of payments under
certain circumstances; authorizing the payment of reasonable
attorney fees; and providing for appeals.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4746, Relating generally to the state
treasurer's office.
With amendments from the Committee on Government Organization
pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 10, 2004;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred; and as last amended by the
Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Deem, Kessler, Sprouse and
Bowman.
Thereafter, at the request of Senator Sprouse, and by
unanimous consent, the remarks by Senator Deem were ordered printed
in the Appendix to the Journal.
At the request of Senator Bowman, unanimous consent being
granted, the remarks by Senator Kessler were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 12, 2004, at 11 a.m.
____________