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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTY-FIRST LEGISLATURE
FIRST EXTRAORDINARY SESSION, 2014
____________
Charleston, W. Va., Friday, March 14, 2014
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Earl Ray Tomblin, dated the fourteenth day of March,
two thousand fourteen, convening the eighty-first Legislature of
West Virginia in extraordinary session today (Friday, March 14,
2014), under the provisions of section seven, article seven of the
Constitution of West Virginia, the Senate assembled in its chamber
in the state capitol in the City of Charleston immediately upon
adjournment
sine die of the Extended Budget Session and was called
to order by its President, the Honorable Jeffrey V. Kessler.
Prayer was offered by Bishop Joe Thomas, Nondenominational
Fellowship Pentecostal Ministries, Charleston, West Virginia.
On the call of the roll, the following answered to their
names:
Senators Barnes, Beach, Blair, Boley, Cann, Carmichael,
Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D.
Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President).
Thirty-four members having answered to their names, the
President declared the presence of a quorum.
Executive Communications
Senator Kessler (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, convening
the Legislature in extraordinary session, which was read by the
Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
By the Governor
I, EARL RAY TOMBLIN, by virtue of the authority vested in the
Governor by Section 7, Article VII of the Constitution of West
Virginia, do hereby call the West Virginia Legislature to convene
in Extraordinary Session immediately upon the conclusion of its
extended Regular Session on the fourteenth day of March, Two
Thousand Fourteen, in its chambers in the State Capitol, City of
Charleston, for the limited purpose of considering and acting upon
the following matters:
FIRST: A supplemental appropriation bill expiring funds to
the unappropriated balance in the State Fund, General Revenue, for
the fiscal year ending June 30, 2014, from the Joint Expenses, fund
0175, fiscal year 2006, organization 2300, activity 642, from the
Joint Expenses, fund 0175, fiscal year 2007, organization 2300,
activity 642, from the Joint Expenses, fund 0175, fiscal year 2008,
organization 2300, activity 642, from Joint Expenses, Joint Expense
Lottery Fund, fund 1736, fiscal year 2014, organization 2300, from Joint Expenses, Tax Reduction and Federal Funding Increased
Compliance, fund 1732, fiscal year 2014, organization 2300, from
the Attorney General, Consumer Protection Fund, fund 1509, fiscal
year 2014, organization 1500, from the Department of Revenue,
Insurance Commissioner, Insurance Commission Fund, fund 7152,
fiscal year 2014, organization 0704; and making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated balance in the State Fund,
General Revenue, to the Department of Military Affairs and Public
Safety, Division of Corrections - Correctional Units, and to the
Department of Military Affairs and Public Safety, Division of
Juvenile Services;
SECOND: A supplemental appropriation bill expiring funds to
the unappropriated surplus balance in the State Fund, General
Revenue, for the fiscal year ending June 30, 2014, from the Joint
Expenses, fund 0175, fiscal year 2008, organization 2300, activity
642, from the Department of Commerce, Division of Tourism, fund
0246, fiscal year 2005, organization 0304, activity 859, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2004, organization 0307, activity 075, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2000, organization 0307, activity 131, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2001, organization 0307, activity 131, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2002, organization 0307, activity 131, from the Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2003, organization 0307, activity 131, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2004, organization 0307, activity 131, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2005, organization 0307, activity 131, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2006, organization 0307, activity 131, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2003, organization 0307, activity 266, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2004, organization 0307, activity 266, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2005, organization 0307, activity 266, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2006, organization 0307, activity 266, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2001, organization 0307, activity 480, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2002, organization 0307, activity 480, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2003, organization 0307, activity 480, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2004, organization 0307, activity 480, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2005, organization 0307, activity 480, from the Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2006, organization 0307, activity 480, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2001, organization 0307, activity 819, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2002, organization 0307, activity 819, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2003, organization 0307, activity 819, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2004, organization 0307, activity 819, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2005, organization 0307, activity 819, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2006, organization 0307, activity 819, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2002, organization 0307, activity 900, from the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2011, organization 0307, activity 941, from the
Department of Health and Human Resources, Consolidated Medical
Service Fund, fund 0525, fiscal year 2002, organization 0506,
activity 803, from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2003,
organization 0506, activity 803, from the Department of Health and
Human Resources, Consolidated Medical Service Fund, fund 0525,
fiscal year 2004, organization 0506, activity 803, from the
Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2005, organization 0506,
activity 803, from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2006,
organization 0506, activity 803, from the Department of Health and
Human Resources, Consolidated Medical Service Fund, fund 0525,
fiscal year 2007, organization 0506, activity 803, from the
Department of Health and Human Resources, Consolidated Medical
Service Fund, fund 0525, fiscal year 2008, organization 0506,
activity 803, from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2009,
organization 0506, activity 803, from the Department of Health and
Human Resources, Consolidated Medical Service Fund, fund 0525,
fiscal year 2010, organization 0506, activity 803, from the
Department of Health and Human Resources, Consolidated Medical
Service Fund, fund 0525, fiscal year 2011, organization 0506,
activity 803, from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2012,
organization 0506, activity 803, from the Department of Health and
Human Resources, Consolidated Medical Service Fund, fund 0525,
fiscal year 2013, organization 0506, activity 803, from the
Department of Military Affairs and Public Safety, Office of the
Secretary, fund 0430, fiscal year 2009, organization 0601, activity
953, from the Department of Military Affairs and Public Safety,
Office of the Secretary, fund 0430, fiscal year 2010, organization
0601, activity 953, from the Department of Military Affairs and
Public Safety, Office of the Secretary, fund 0430, fiscal year 2011, organization 0601, activity 953, from the Department of
Military Affairs and Public Safety, Division of Juvenile Services,
fund 0570, fiscal year 2012, organization 0621, activity 818, from
the Department of Military Affairs and Public Safety, Division of
Juvenile Services, fund 0570, fiscal year 2013, organization 0621,
activity 818, from the Auditor's Office, Purchasing Card
Administration Fund, fund 1234, fiscal year 2014, organization
1200, from the Secretary of State, General Administrative Fees
Account, fund 1617, fiscal year 2014, organization 1600, from the
Department of Administration, Office of the Secretary, State
Employee Sick Leave Fund, fund 2045, fiscal year 2014, organization
0201, from the Department of Administration, Division of General
Services, Capitol Complex Parking Garage Fund, fund 2461, fiscal
year 2014, organization 0211, from the Department of
Administration, Board of Risk and Insurance Management, Premium Tax
Savings Fund, fund 2367, fiscal year 2014, organization 0218, from
the Department of Administration, Surplus Property, Sale of State
Surplus Property Fund, fund 2281, fiscal year 2014, organization
0214, from the Department of Administration, Division of
Purchasing, Purchasing Improvement Fund, fund 2264, fiscal year
2014, organization 0213, from the Department of Administration,
Division of Personnel, Division of Personnel Fund, fund 2440,
fiscal year 2014, organization 0222, from the Department of
Military Affairs and Public Safety, Office of the Secretary,
Secretary of Military Affairs and Public Safety Lottery Fund, fund
6005, fiscal year 2014, organization 0601, from the Department of Revenue, Division of Financial Institutions, Assessment and
Examination Fund, fund 3041, fiscal year 2014, organization 0303,
from the Department of Revenue, Lottery Commission, Revenue Center
Construction Fund, fund 7209, fiscal year 2014, organization 0705,
from the Department of Revenue, Lottery Commission, Operating and
Expense Fund, fund 7200, fiscal year 2014, organization 0705, from
the Department of Revenue, Racing Commission, Administration,
Promotion, Education, Capital Improvement and Greyhound Adoption
Programs to include Spaying and Neutering Account, fund 7307,
fiscal year 2014, organization 0707; and making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the
State Fund, General Revenue, to the Department of Administration,
Public Defender Services, fund 0226, fiscal year 2014, organization
0221, to the Department of Commerce, Division of Natural Resources,
fund 0265, fiscal year 2014, organization 0310, to the Department
of Health and Human Resources, Division of Health, Central Office,
fund 0407, fiscal year 2014, organization 0506, to the Department
of Health and Human Resources, Consolidated Medical Service Fund,
fund 0525, fiscal year 2014, organization 0506, to the Department
of Health and Human Resources, Division of Human Services, fund
0403, fiscal year 2014, organization 0511, to the Department of
Military Affairs and Public Safety, West Virginia Parole Board,
fund 0440, fiscal year 2014, organization 0605, to the Department
of Military Affairs and Public Safety, Division of Homeland
Security and Emergency Management, fund 0443, fiscal year 2014, organization 0606, to the Department of Military Affairs and Public
Safety, Division of Corrections - Correctional Units, fund 0450,
fiscal year 2014, organization 0608, to the Department of Revenue,
State Budget Office, fund 0595, fiscal year 2014, organization
0703, to the Bureau of Senior Services, fund 0420, fiscal year
2014, organization 0508, and to the Higher Education Policy
Commission, Administration - Control Account, fund 0589, fiscal
year 2014, organization 0441;
THIRD: A bill providing for the computation of local share in
the state aid formula for public school support purposes;
FOURTH: A bill redirecting certain revenue derived from
lottery activities;
FIFTH: A bill authorizing drill cuttings and associated
drilling waste generated from well sites to be disposed into
certain commercial solid waste facilities under specific
conditions;
SIXTH: A bill providing for reclassifying counties;
SEVENTH: A bill providing that lottery revenue bonds for
Cacapon Resort State Park and Beech Fork State Park, and
infrastructure lottery revenue bonds for watershed compliance
projects, are secured by a second lien on the State Excess Lottery
Revenue Fund and by a back-up pledge from the State Lottery Fund;
EIGHTH: A bill authorizing increased annual deposits into the
Department of Agriculture, Land Division's special revenue account
and redirecting deposits in excess of the annual deposit threshold;
NINTH: A bill establishing a regulatory system for sexual assault forensic examinations; and
TENTH: Legislation authorizing and appropriating the
expenditure of public funds to pay the expenses of this
Extraordinary Session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, this fourteenth day of
March, in the year of our Lord,
Two Thousand Fourteen, and in the
One Hundred Fifty-First year of
the State.
EARL RAY TOMBLIN,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
Senator Unger offered the following resolution:
Senate Resolution No. 101--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to proceed with the business for which the extraordinary session was
called by His Excellency, the Governor.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Beach, Cookman and Blair.
Subsequently, Senator Beach, from the committee to notify the
House of Delegates the Senate has assembled in extraordinary
session, and is ready to proceed with the business of the session,
announced that the committee had discharged its duties.
A message from the House of Delegates, by
Delegates L. Phillips, Ferro and Ellem, announced that the
House of Delegates has assembled in extraordinary session, with a
quorum present, and is ready to proceed with the business stated in
the proclamation convening the Legislature.
Senator Unger then offered the following resolution:
Senate Resolution No. 102--Raising a committee to wait upon
the Governor.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that at his call the Legislature has assembled in extraordinary
session, with a quorum of each house present; and is ready to receive any communication or message he may be pleased to present
under section seven, article seven of the Constitution of West
Virginia, which provides that no business except that stated in his
proclamation be considered.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Fitzsimmons, Stollings and Sypolt.
A message from the House of Delegates, by
Delegates Campbell, Moore and Border, announced that the
Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate to wait upon the
Governor, under the provisions of Senate Resolution No. 102.
Senate and House members of this select committee then proceeded to
the executive offices.
Subsequently, Senator Fitzsimmons reported that the joint
Senate and House committee had performed the duty assigned to it.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles and referred to the appropriate
committees:
By Senators Kessler (Mr. President) and M. Hall (By Request of
the Executive):
Senate Bill No. 1001--A Bill to amend and reenact §29-22-18d of the Code of West Virginia, 1931, as amended; to amend said code
by adding thereto three new sections, designated §29-22A-10d,
§29-22A-10e and §29-22A-10f; to amend said code by adding thereto
a new section, designated §29-22C-27a; and to amend said code by
adding thereto a new section, designated §29-25-22b, all relating
to the transfer of certain revenues derived from lottery activities
generally; reducing the distributions to the West Virginia
Infrastructure Fund to $20 million for fiscal year 2015 and
increasing the percentage of funds available for grants therefrom;
reducing the amount that may be transferred to the Racetrack
Modernization Fund to $9 million; transferring certain revenues
derived from racetrack video lottery, lottery racetrack table games
and lottery historic resort hotel gaming activities to the State
Excess Lottery Revenue Fund for appropriation; reducing statutory
distributions to capital reinvestment, purse funds and development
funds by ten percent; and authorizing distributions to be paid on
a pro rata basis.
Referred to the Committee on Finance.
By Senators Kessler (Mr. President) and M. Hall (By Request of
the Executive):
Senate Bill No. 1002--A Bill expiring funds to the
unappropriated balance in the State Fund, General Revenue, for the
fiscal year ending June 30, 2014, in the amount of $10,000,000 from
the Joint Expenses, fund 0175, fiscal year 2006, organization 2300,
activity 642, in the amount of $10,000,000 from the Joint Expenses,
fund 0175, fiscal year 2007, organization 2300, activity 642, in the amount of $9,293,000 from the Joint Expenses, fund 0175, fiscal
year 2008, activity 642, in the amount of $20,000,000 from Joint
Expenses, Joint Expense Lottery Fund, fund 1736, fiscal year 2014,
organization 2300, in the amount of $5,707,000 from Joint Expenses,
Tax Reduction and Federal Funding Increased Compliance, fund 1732,
fiscal year 2014, organization 2300, in the amount of $5,000,000
from the Attorney General, Consumer Protection Fund, fund 1509,
fiscal year 2014, organization 1500, and in the amount of
$10,000,000 from the Department of Revenue, Insurance Commissioner,
Insurance Commission Fund, fund 7152, fiscal year 2014,
organization 0704, and making a supplementary appropriation of
public moneys out of the Treasury from the balance of moneys
remaining as an unappropriated balance in the State Fund, General
Revenue, to the Department of Military Affairs and Public Safety,
Division of Corrections - Correctional Units, and to the Department
of Military Affairs and Public Safety, Division of Juvenile
Services, by supplementing and amending the appropriations for the
fiscal year ending June 30, 2014.
Referred to the Committee on Finance.
By Senators Kessler (Mr. President) and M. Hall (By Request of
the Executive):
Senate Bill No. 1003--A Bill expiring funds to the
unappropriated surplus balance in the State Fund, General Revenue,
for the fiscal year ending June 30, 2014, in the amount of
$409,167.60 from the Department of Commerce, Division of Tourism,
fund 0246, fiscal year 2005, organization 0304, activity 859, and in the amount of $261,246.01 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2004,
organization 0307, activity 075, and in the amount of $5,999.39
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2000, organization 0307, activity 131, and
in the amount of $58,527.20 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2001,
organization 0307, activity 131, and in the amount of $154,061.74
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2002, organization 0307, activity 131, and
in the amount of $257,617.06 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2003,
organization 0307, activity 131, and in the amount of $209,609.04
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2004, organization 0307, activity 131, and
in the amount of $145,560.18 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2005,
organization 0307, activity 131, and in the amount of $131,792.70
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2006, organization 0307, activity 131, and
in the amount of $198,809.53 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2003,
organization 0307, activity 266, and in the amount of $65,804.47
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2004, organization 0307, activity 266, and
in the amount of $26,183.53 from the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2005,
organization 0307, activity 266, and in the amount of $250,000 from
the Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2006, organization 0307, activity 266, and in the
amount of $11,758.05 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2001, organization 0307,
activity 480, and in the amount of $62,039.15 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2002, organization 0307, activity 480, and in the amount of
$25,265 from the Department of Commerce, West Virginia Development
Office, fund 0256, fiscal year 2003, organization 0307, activity
480, and in the amount of $124,338.34 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year
2004, organization 0307, activity 480, and in the amount of
$123,100 from the Department of Commerce, West Virginia Development
Office, fund 0256, fiscal year 2005, organization 0307, activity
480, and in the amount of $140,830.80 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year
2006, organization 0307, activity 480, and in the amount of
$47,113.16 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2001, organization 0307,
activity 819, and in the amount of $223,665.85 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2002, organization 0307, activity 819, and in the amount of
$44,007.60 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2003, organization 0307, activity 819, and in the amount of $123,230.47 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2004, organization 0307, activity 819, and in the amount of
$742,930.92 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2005, organization 0307,
activity 819, and in the amount of $539,290.37 from the Department
of Commerce, West Virginia Development Office, fund 0256, fiscal
year 2006, organization 0307, activity 819, and in the amount of
$334,180.67 from the Department of Commerce, West Virginia
Development Office, fund 0256, fiscal year 2002, organization 0307,
activity 900, and in the amount of $650,000 from the Department of
Commerce, West Virginia Development Office, fund 0256, fiscal year
2011, organization 0307, activity 941, and in the amount of $461.83
from the Department of Health and Human Resources, Consolidated
Medical Service Fund, fund 0525, fiscal year 2002, organization
0506, activity 803, and in the amount of $10,489.51 from the
Department of Health and Human Resources, Consolidated Medical
Service Fund, fund 0525, fiscal year 2003, organization 0506,
activity 803, and in the amount of $8,056.23 from the Department of
Health and Human Resources, Consolidated Medical Service Fund, fund
0525, fiscal year 2004, organization 0506, activity 803, and in the
amount of $13,718.82 from the Department of Health and Human
Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2005, organization 0506, activity 803, and in the amount of
$0.70 from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2006, organization 0506, activity 803, and in the amount of $24,307.51
from the Department of Health and Human Resources, Consolidated
Medical Service Fund, fund 0525, fiscal year 2007, organization
0506, activity 803, and in the amount of $6,600.22 from the
Department of Health and Human Resources, Consolidated Medical
Service Fund, fund 0525, fiscal year 2008, organization 0506,
activity 803, and in the amount of $76,423.45 from the Department
of Health and Human Resources, Consolidated Medical Service Fund,
fund 0525, fiscal year 2009, organization 0506, activity 803, and
in the amount of $211,730.74 from the Department of Health and
Human Resources, Consolidated Medical Service Fund, fund 0525,
fiscal year 2010, organization 0506, activity 803, and in the
amount of $150,334.97 from the Department of Health and Human
Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2011, organization 0506, activity 803, and in the amount of
$136,909.29 from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2012,
organization 0506, activity 803, and in the amount of $1,974.51
from the Department of Health and Human Resources, Consolidated
Medical Service Fund, fund 0525, fiscal year 2013, organization
0506, activity 803, and in the amount of $15,640.96 from the
Department of Military Affairs and Public Safety, Office of the
Secretary, fund 0430, fiscal year 2009, organization 0601, activity
953, and in the amount of $240,051.69 from the Department of
Military Affairs and Public Safety, Office of the Secretary, fund
0430, fiscal year 2010, organization 0601, activity 953, and in the amount of $215,075.18 from the Department of Military Affairs and
Public Safety, Office of the Secretary, fund 0430, fiscal year
2011, organization 0601, activity 953, and in the amount of
$871,905.27 from the Department of Military Affairs and Public
Safety, Division of Juvenile Services, fund 0570, fiscal year 2012,
organization 0621, activity 818, and in the amount of $870,992.77
from the Department of Military Affairs and Public Safety, Division
of Juvenile Services, fund 0570, fiscal year 2013, organization
0621, activity 818, and in the amount of $1,250,000 from the
Auditor's Office, Purchasing Card Administration Fund, fund 1234,
fiscal year 2014, organization 1200, and in the amount of
$3,000,000 from the Secretary of State, General Administrative Fees
Account, fund 1617, fiscal year 2014, organization 1600, and in the
amount of $200,000 from the Department of Administration, Office of
the Secretary, State Employee Sick Leave Fund, fund 2045, fiscal
year 2014, organization 0201, and in the amount of $200,000 from
the Department of Administration, Division of General Services,
Capitol Complex Parking Garage Fund, fund 2461, fiscal year 2014,
organization 0211, and in the amount of $4,737,257 from the
Department of Administration, Board of Risk and Insurance
Management, Premium Tax Savings Fund, fund 2367, fiscal year 2014,
organization 0218, and in the amount of $500,000 from the
Department of Administration, Surplus Property, Sale of State
Surplus Property Fund, fund 2281, fiscal year 2014, organization
0214, and in the amount of $500,000 from the Department of
Administration, Division of Purchasing, Purchasing Improvement Fund, fund 2264, fiscal year 2014, organization 0213, and in the
amount of $2,000,000 from the Department of Administration,
Division of Personnel, Division of Personnel Fund, fund 2440,
fiscal year 2014, organization 0222, and in the amount of
$45,607.91 from the Department of Military Affairs and Public
Safety, Office of the Secretary, Secretary of Military Affairs and
Public Safety Lottery Fund, fund 6005, fiscal year 2014,
organization 0601, and in the amount of $200,000 from the
Department of Revenue, Division of Financial Institutions,
Assessment and Examination Fund, fund 3041, fiscal year 2014,
organization 0303, and in the amount of $724,487.42 from the
Department of Revenue, Lottery Commission, Revenue Center
Construction Fund, fund 7209, fiscal year 2014, organization 0705,
and in the amount of $7,500,000 from the Department of Revenue,
Lottery Commission, Operating and Expense Fund, fund 7200, fiscal
year 2014, organization 0705, and in the amount of $2,008,911.50
from the Department of Revenue, Racing Commission, Administration,
Promotion, Education, Capital Improvement and Greyhound Adoption
Programs to include Spaying and Neutering Account, fund 7307,
fiscal year 2014, organization 0707, and making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the
State Fund, General Revenue
, to the Department of Administration,
Public Defender Services, fund 0226, fiscal year 2014, organization
0221, to the Department of Health and Human Resources, Division of
Health, Central Office, fund 0407, fiscal year 2014, organization 0506, to the Department of Health and Human Resources, Consolidated
Medical Service Fund, fund 0525, fiscal year 2014, organization
0506, to the Department of Health and Human Resources, Division of
Human Services, fund 0403, fiscal year 2014, organization 0511, to
the Department of Military Affairs and Public Safety, West Virginia
Parole Board, fund 0440, fiscal year 2014, organization 0605, to
the Department of Military Affairs and Public Safety, Division of
Corrections - Correctional Units, fund 0450, fiscal year 2014,
organization 0608, and to the Higher Education Policy Commission,
Administration - Control Account, fund 0589, fiscal year 2014,
organization 0441, by supplementing and amending the appropriations
for the fiscal year ending June 30, 2014.
Referred to the Committee on Finance.
By Senators Kessler (Mr. President) and M. Hall (By Request of
the Executive):
Senate Bill No. 1004--A Bill to amend and reenact §19-12A-6a
of the Code of West Virginia, 1931, as amended, relating to
increasing the annual cap for collections into the Land Division
special revenue account of the Department of Agriculture; and
depositing half of any excess funds collected into the special
revenue account and half into the General Revenue Fund.
Referred to the Committee on Finance.
By Senators Kessler (Mr. President) and M. Hall (By Request of
the Executive):
Senate Bill No. 1005--A Bill to amend and reenact §7-7-1 and
§7-7-4 of the Code of West Virginia, 1931, as amended, all relating to authorizing an increase in the salaries of county commissioners
and elected county officials; revising legislative findings;
requiring the State Auditor to consider certain factors when
certifying whether a county has an amount sufficient for payment of
the salary increases; providing that the State Auditor may not be
held liable for relying upon information and data provided by a
county commission in assessing a county's fiscal condition or
annual budget; requiring submission of a written request for a
salary increase; providing salary ranges for county commissioners
and other county officials for the time period beginning July 1,
2014; and requiring certain prosecuting attorneys to be devoted
full time to public duties.
Referred to the Committee on Finance.
By Senators Kessler (Mr. President) and M. Hall (By Request of
the Executive):
Senate Bill No. 1006--A Bill to amend and reenact §29-22-18e
of the Code of West Virginia, 1931, as amended; to amend said code
by adding thereto a new section, designated §29-22-18f; to amend
and reenact §31-15-16b of said code; and to amend and reenact
§31-15A-17b of said code, all relating to debt service on bonds
secured by the State Excess Lottery Revenue Fund; clarifying the
timing of debt service payments to the Cacapon and Beech Fork State
Park Lottery Revenue Debt Service Fund; providing a backup pledge
of bonds supported by the State Lottery Fund and State Excess
Lottery Revenue Fund; clarifying priority and method of payment of
debt service; and making technical corrections.
Referred to the Committee on Finance.
By Senators Kessler (Mr. President) and M. Hall (By Request of
the Executive):
Senate Bill No. 1007--A Bill to amend and reenact §22-15-8 and
§22-15-11 of the Code of West Virginia, 1931, as amended, all
relating to the disposal of drill cuttings and associated drilling
waste generated from well sites at commercial solid waste
facilities; allowing for the receipt of additional drilling waste
at certain commercial solid waste facilities above the facility's
existing tonnage limit if certain conditions are met; recognizing
the facility's continuing obligation to receive municipal solid
waste while exceeding its permitted tonnage caps; requiring
radiation and leachate monitoring at all facilities receiving drill
cuttings and drilling waste; establishing minimum requirements for
the monitoring program; requiring the investigation and report by
the Department of Environmental Protection to the Legislature on
specified issues associated with the disposal of drill cuttings and
drilling wastes at landfills; required scope of study; establishing
deadlines; effective dates; creating a special revenue fund in the
State Treasury; establishing an additional solid waste fee; and
requiring the promulgation of emergency and legislative rules.
Referred to the Committee on the Judiciary.
By Senators Kessler (Mr. President) and M. Hall (By Request of
the Executive):
Senate Bill No. 1008--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §15-9B-1, §15-9B-2 and §15-9B-3, all relating to
establishing a regulatory system for sexual assault forensic
examinations; creating the Sexual Assault Forensic Examination
Commission; setting forth its membership; authorizing certain
additional members; requiring the commission to establish mandatory
statewide protocols for conducting sexual assault forensic
examinations; setting forth other powers and responsibilities of
the commission; authorizing rulemaking; requiring county
prosecutors to convene and chair local sexual assault forensic
examination boards; authorizing counties to combine to form
regional boards; and setting forth minimum requirements for local
plans developed by county or regional boards.
Referred to the Committee on the Judiciary.
By Senators Kessler (Mr. President) and M. Hall (By Request of
the Executive):
Senate Bill No. 1009--A Bill to repeal §11-1C-5b of the Code
of West Virginia, 1931, as amended; to repeal §18-9A-2a of said
code; to amend and reenact §11-3-1 of said code; and to amend and
reenact §18-9A-2 and §18-9A-11 of said code, all relating to the
computation of local share for public school support purposes;
repealing, retrospectively to June 30, 2013, provisions requiring
the use of assumed assessed real property values that are based
upon an assessment ratio study instead of actual real property
values for the purpose of the computation of local share for public
school support purposes; repealing, retrospectively to June 30,
2013, provisions that require that the annual amount of local share for which a county board of education is responsible be increased
where, during the prior year, the real property assessments in that
county were not at least fifty-four percent of market value as
indicated by the assessment ratio study; requiring the Tax
Commissioner to appoint special assessors to appraise and assess
property in any county whenever property in that county is found to
be assessed at less than sixty percent of its fair market value for
two consecutive years; providing that appointment of special
assessors is not required where a county meets certain criteria
prescribed by rule; requiring Tax Commissioner to promulgate rules;
providing that the county bear the expense of such special
assessors; revising definitions; specifying that for fiscal years
beginning after June 30, 2014, the State Board of Education shall
use ninety-six percent of total assessed public utility valuation
in the calculation of local share; specifying a four percent loss
deduction in computation of local share for the fiscal year
beginning on July 1, 2014, and for each fiscal year thereafter;
expressing legislative intent to continue the computation of local
share for public school support based upon actual real property
values rather than assumed assessed real property values;
expressing legislative intent that the annual amount of local share
for which a county board of education is responsible continue to be
computed without reference to whether the real property assessments
in that county were at least fifty-four percent of market value in
the prior year; and removing provisions requiring county school
boards to provide funding for public libraries from discretionary retainage.
Referred to the Committee on Finance.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate recessed until 3:30
p.m. today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Unger, unanimous consent being granted,
returned to the fourth order of business.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 1001, Relating to transfer of certain revenues
derived from lottery activities.
Senate Bill No. 1004, Relating to special revenue account of
Department of Agriculture, Land Division.
Senate Bill No. 1005, Authorizing salary increase for county
commissioners and elected county officials.
And,
Senate Bill No. 1006, Relating to debt service on state park
bonds secured by State Excess Lottery Revenue Fund.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Unger, unanimous consent being
granted, Senate Bill No. 1005 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 Unger, 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: Barnes,
Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman,
Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1005 was then read a third time and
put upon its passage.
Senators Barnes and Sypolt, respectively, moved to be excused
from voting on any matter pertaining to the bill under rule number
forty-three of the Rules of the Senate, which motions prevailed.
On the passage of the bill, the yeas were: Beach, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--30.
The nays were: Blair and Nohe--2.
Absent: None.
Excused from voting: Barnes and Sypolt--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1005) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Boley, Cann,
Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons,
Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker,
Unger, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--30.
The nays were: Blair and Nohe--2.
Absent: None.
Excused from voting: Barnes and Sypolt--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1005) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 1002, Expiring funds in State Fund, General
Revenue, and making supplementary appropriation to MAPS.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 1002 (originating in the
Committee on Finance)--A Bill expiring funds to the unappropriated
balance in the State Fund, General Revenue, for the fiscal year
ending June 30, 2014, in the amount of $10,000,000 from the Joint
Expenses, fund 0175, fiscal year 2006, organization 2300, activity
642, in the amount of $10,000,000 from the Joint Expenses, fund
0175, fiscal year 2007, organization 2300, activity 642, in the
amount of $5,293,000 from the Joint Expenses, fund 0175, fiscal
year 2008, organization 2300, activity 642, in the amount of
$20,000,000 from Joint Expenses, Joint Expense Lottery Fund, fund
1736, fiscal year 2014, organization 2300, in the amount of
$5,707,000 from Joint Expenses, Tax Reduction and Federal Funding
Increased Compliance, fund 1732, fiscal year 2014, organization
2300, in the amount of $9,000,000 from the Attorney General,
Consumer Protection Fund, fund 1509, fiscal year 2014, organization
1500, and in the amount of $10,000,000 from the Department of
Revenue, Insurance Commissioner, Insurance Commission Fund, fund
7152, fiscal year 2014, organization 0704, and making a
supplementary appropriation of public moneys out of the Treasury
from the balance of moneys remaining as an unappropriated balance
in the State Fund, General Revenue, to the Department of Military
Affairs and Public Safety, Division of Corrections - Correctional Units, and to the Department of Military Affairs and Public Safety,
Division of Juvenile Services, by supplementing and amending the
appropriations for the fiscal year ending June 30, 2014.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 1002) 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 Unger, 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: Barnes,
Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman,
Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Senate Bill No. 1002 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 1002) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 1002) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 1003, Expiring funds in State Fund, General
Revenue, and making supplementary appropriation to various
accounts.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 1003 (originating in the
Committee on Finance)--A Bill expiring funds to the unappropriated
surplus balance in the State Fund, General Revenue, for the fiscal
year ending June 30, 2014, in the amount of $4,057,000 from the
Joint Expenses, fund 0175, fiscal year 2008, organization 2300,
activity 642, and in the amount of $409,167.60 from the Department
of Commerce, Division of Tourism, fund 0246, fiscal year 2005,
organization 0304, activity 859, and in the amount of $261,246.01
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2004, organization 0307, activity 075, and
in the amount of $5,999.39 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2000,
organization 0307, activity 131, and in the amount of $58,527.20
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2001, organization 0307, activity 131, and
in the amount of $154,061.74 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2002,
organization 0307, activity 131, and in the amount of $257,617.06 from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2003, organization 0307, activity 131, and
in the amount of $209,609.04 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2004,
organization 0307, activity 131, and in the amount of $145,560.18
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2005, organization 0307, activity 131, and
in the amount of $131,792.70 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2006,
organization 0307, activity 131, and in the amount of $198,809.53
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2003, organization 0307, activity 266, and
in the amount of $65,804.47 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2004,
organization 0307, activity 266, and in the amount of $26,183.53
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2005, organization 0307, activity 266, and
in the amount of $250,000 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2006,
organization 0307, activity 266, and in the amount of $11,758.05
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2001, organization 0307, activity 480, and
in the amount of $62,039.15 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2002,
organization 0307, activity 480, and in the amount of $25,265 from
the Department of Commerce, West Virginia Development Office, fund 0256, fiscal year 2003, organization 0307, activity 480, and in the
amount of $124,338.34 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2004,
organization 0307, activity 480, and in the amount of $123,100 from
the Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2005, organization 0307, activity 480, and in the
amount of $140,830.80 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2006,
organization 0307, activity 480, and in the amount of $47,113.16
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2001, organization 0307, activity 819, and
in the amount of $223,665.85 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2002,
organization 0307, activity 819, and in the amount of $44,007.60
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2003, organization 0307, activity 819, and
in the amount of $123,230.47 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2004,
organization 0307, activity 819, and in the amount of $742,930.92
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2005, organization 0307, activity 819, and
in the amount of $539,290.37 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2006,
organization 0307, activity 819, and in the amount of $334,180.67
from the Department of Commerce, West Virginia Development Office,
fund 0256, fiscal year 2002, organization 0307, activity 900, and in the amount of $650,000 from the Department of Commerce, West
Virginia Development Office, fund 0256, fiscal year 2011,
organization 0307, activity 941, and in the amount of $461.83 from
the Department of Health and Human Resources, Consolidated Medical
Service Fund, fund 0525, fiscal year 2002, organization 0506,
activity 803, and in the amount of $10,489.51 from the Department
of Health and Human Resources, Consolidated Medical Service Fund,
fund 0525, fiscal year 2003, organization 0506, activity 803, and
in the amount of $8,056.23 from the Department of Health and Human
Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2004, organization 0506, activity 803, and in the amount of
$13,718.82 from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2005,
organization 0506, activity 803, and in the amount of $0.70 from
the Department of Health and Human Resources, Consolidated Medical
Service Fund, fund 0525, fiscal year 2006, organization 0506,
activity 803, and in the amount of $24,307.51 from the Department
of Health and Human Resources, Consolidated Medical Service Fund,
fund 0525, fiscal year 2007, organization 0506, activity 803, and
in the amount of $6,600.22 from the Department of Health and Human
Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2008, organization 0506, activity 803, and in the amount of
$76,423.45 from the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2009,
organization 0506, activity 803, and in the amount of $211,730.74
from the Department of Health and Human Resources, Consolidated Medical Service Fund, fund 0525, fiscal year 2010, organization
0506, activity 803, and in the amount of $150,334.97 from the
Department of Health and Human Resources, Consolidated Medical
Service Fund, fund 0525, fiscal year 2011, organization 0506,
activity 803, and in the amount of $136,909.29 from the Department
of Health and Human Resources, Consolidated Medical Service Fund,
fund 0525, fiscal year 2012, organization 0506, activity 803, and
in the amount of $1,974.51 from the Department of Health and Human
Resources, Consolidated Medical Service Fund, fund 0525, fiscal
year 2013, organization 0506, activity 803, and in the amount of
$15,640.96 from the Department of Military Affairs and Public
Safety, Office of the Secretary, fund 0430, fiscal year 2009,
organization 0601, activity 953, and in the amount of $240,051.69
from the Department of Military Affairs and Public Safety, Office
of the Secretary, fund 0430, fiscal year 2010, organization 0601,
activity 953, and in the amount of $215,075.18 from the Department
of Military Affairs and Public Safety, Office of the Secretary,
fund 0430, fiscal year 2011, organization 0601, activity 953, and
in the amount of $871,905.27 from the Department of Military
Affairs and Public Safety, Division of Juvenile Services, fund
0570, fiscal year 2012, organization 0621, activity 818, and in the
amount of $870,992.77 from the Department of Military Affairs and
Public Safety, Division of Juvenile Services, fund 0570, fiscal
year 2013, organization 0621, activity 818, and in the amount of
$2,250,000 from the Auditor's Office, Purchasing Card
Administration Fund, fund 1234, fiscal year 2014, organization 1200, and in the amount of $3,000,000 from the Secretary of State,
General Administrative Fees Account, fund 1617, fiscal year 2014,
organization 1600, and in the amount of $200,000 from the
Department of Administration, Office of the Secretary, State
Employee Sick Leave Fund, fund 2045, fiscal year 2014, organization
0201, and in the amount of $200,000 from the Department of
Administration, Division of General Services, Capitol Complex
Parking Garage Fund, fund 2461, fiscal year 2014, organization
0211, and in the amount of $4,737,257 from the Department of
Administration, Board of Risk and Insurance Management, Premium Tax
Savings Fund, fund 2367, fiscal year 2014, organization 0218, and
in the amount of $500,000 from the Department of Administration,
Surplus Property, Sale of State Surplus Property Fund, fund 2281,
fiscal year 2014, organization 0214, and in the amount of $500,000
from the Department of Administration, Division of Purchasing,
Purchasing Improvement Fund, fund 2264, fiscal year 2014,
organization 0213, and in the amount of $2,000,000 from the
Department of Administration, Division of Personnel, Division of
Personnel Fund, fund 2440, fiscal year 2014, organization 0222, and
in the amount of $45,607.91 from the Department of Military Affairs
and Public Safety, Office of the Secretary, Secretary of Military
Affairs and Public Safety Lottery Fund, fund 6005, fiscal year
2014, organization 0601, and in the amount of $200,000 from the
Department of Revenue, Division of Financial Institutions,
Assessment and Examination Fund, fund 3041, fiscal year 2014,
organization 0303, and in the amount of $724,487.42 from the Department of Revenue, Lottery Commission, Revenue Center
Construction Fund, fund 7209, fiscal year 2014, organization 0705,
and in the amount of $7,500,000 from the Department of Revenue,
Lottery Commission, Operating and Expense Fund, fund 7200, fiscal
year 2014, organization 0705, and in the amount of $2,008,911.50
from the Department of Revenue, Racing Commission, Administration,
Promotion, Education, Capital Improvement and Greyhound Adoption
Programs to include Spaying and Neutering Account, fund 7307,
fiscal year 2014, organization 0707, and making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the
State Fund, General Revenue
, to the Department of Administration,
Public Defender Services, fund 0226, fiscal year 2014, organization
0221, to the Department of Commerce, Division of Natural Resources,
fund 0265, fiscal year 2014, organization 0310, to the Department
of Health and Human Resources, Division of Health, Central Office,
fund 0407, fiscal year 2014, organization 0506, to the Department
of Health and Human Resources, Consolidated Medical Service Fund,
fund 0525, fiscal year 2014, organization 0506, to the Department
of Health and Human Resources, Division of Human Services, fund
0403, fiscal year 2014, organization 0511, to the Department of
Military Affairs and Public Safety, West Virginia Parole Board,
fund 0440, fiscal year 2014, organization 0605, to the Department
of Military Affairs and Public Safety, Division of Homeland
Security and Emergency Management, fund 0443, fiscal year 2014,
organization 0606, to the Department of Military Affairs and Public Safety, Division of Corrections - Correctional Units, fund 0450,
fiscal year 2014, organization 0608, to the Department of Revenue,
State Budget Office, fund 0595, fiscal year 2014, organization
0703, to the Bureau of Senior Services, fund 0420, fiscal year
2014, organization 0508, and to the Higher Education Policy
Commission, Administration - Control Account, fund 0589, fiscal
year 2014, organization 0441, by supplementing and amending the
appropriations for the fiscal year ending June 30, 2014.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 1003) 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 Unger, 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: Barnes,
Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman,
Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Senate Bill No. 1003 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 1003) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 1003) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 1009, Relating to computation of local share
for public school support purposes.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (S. B. No. 1009) 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 Unger, 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: Barnes,
Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman,
Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 1009 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--31.
The nays were: Barnes, M. Hall and Nohe--3.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1009) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Cann,
Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons,
Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller,
Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker,
Unger, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--31.
The nays were: Barnes, M. Hall and Nohe--3.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 1009) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 101--A Bill to amend and reenact
§29-22-18d of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto three new sections, designated
§29-22A-10d, §29-22A-10e and §29-22A-10f; to amend said code by
adding thereto a new section, designated §29-22C-27a; and to amend
said code by adding thereto a new section, designated §29-25-22b,
all relating to the transfer of certain revenues derived from
lottery activities generally; reducing the distributions to the
West Virginia Infrastructure Fund to $20 million for fiscal year
2015 and increasing the percentage of funds available for grants
therefrom; reducing the amount that may be transferred to the
Racetrack Modernization Fund to $9 million; transferring certain
revenues derived from racetrack video lottery, lottery racetrack
table games and lottery historic resort hotel gaming activities to the State Excess Lottery Revenue Fund for appropriation; reducing
statutory distributions to capital reinvestment, purse funds and
development funds by ten percent; and authorizing distributions to
be paid on a pro rata basis.
At the request of Senator Unger, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Unger, 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: Barnes,
Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman,
Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--33.
The nays were: Unger--1.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 101) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Nohe, Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Walters, Wells, Williams and Kessler (Mr. President)--29.
The nays were: Barnes, Fitzsimmons, Snyder, Unger and
Yost--5.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 101) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Cann,
Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Green, D.
Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe,
Palumbo, Plymale, Prezioso, Stollings, Sypolt, Tucker, Walters,
Wells, Williams and Kessler (Mr. President)--29.
The nays were: Barnes, Fitzsimmons, Snyder, Unger and
Yost--5.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 101) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 104--A Bill to amend and reenact
§19-12A-6a of the Code of West Virginia, 1931, as amended, relating to increasing the annual cap for collections into the Land Division
special revenue account of the Department of Agriculture; and
depositing half of any excess funds collected into the special
revenue account and half into the General Revenue Fund.
At the request of Senator Unger, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Unger, 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: Barnes,
Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman,
Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 104) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 104) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 106--A Bill to amend and reenact
§29-22-18e of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto a new section, designated §29-22-18f;
to amend and reenact §31-15-16b of said code; and to amend and
reenact §31-15A-17b of said code, all relating to debt service on
bonds secured by the State Excess Lottery Revenue Fund; clarifying
the timing of debt service payments to the Cacapon and Beech Fork
State Park Lottery Revenue Debt Service Fund; providing a backup
pledge of bonds supported by the State Lottery Fund and State
Excess Lottery Revenue Fund; clarifying priority and method of
payment of debt service; and making technical corrections.
At the request of Senator Unger, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Unger, 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: Barnes,
Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman,
Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 106) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 106) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 106) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 107--A Bill to amend and reenact §22-15-8
and §22-15-11 of the Code of West Virginia, 1931, as amended, all
relating to the disposal of drill cuttings and associated drilling
waste generated from well sites at commercial solid waste
facilities; allowing for the receipt of additional drilling waste
at certain commercial solid waste facilities above the facility's
existing tonnage limit if certain conditions are met; recognizing
the facility's continuing obligation to receive municipal solid
waste while exceeding its permitted tonnage caps; requiring radiation and leachate monitoring at all facilities receiving drill
cuttings and drilling waste; establishing minimum requirements for
the monitoring program; requiring the investigation and report by
the Department of Environmental Protection to the Legislature on
specified issues associated with the disposal of drill cuttings and
drilling wastes at landfills; required scope of study; establishing
deadlines, effective dates; creating a special revenue fund in the
State Treasury; establishing an additional solid waste fee; and
requiring the promulgation of emergency and legislative rules.
At the request of Senator Unger, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Unger, 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: Barnes,
Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman,
Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 107) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Tucker, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--31.
The nays were: Cookman, Sypolt and Unger--3.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 107) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Edgell, Facemire, Fitzsimmons,
Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Tucker, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--31.
The nays were: Cookman, Sypolt and Unger--3.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 107) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 108--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §15-9B-1, §15-9B-2 and §15-9B-3, all relating to
establishing a regulatory system for sexual assault forensic
examinations; creating the Sexual Assault Forensic Examination
Commission; setting forth its membership; authorizing certain
additional members; requiring the commission to establish mandatory
statewide protocols for conducting sexual assault forensic
examinations; setting forth other powers and responsibilities of
the commission; authorizing rule-making; requiring county
prosecutors to convene and chair local Sexual Assault Forensic
Examination Boards; authorizing counties to combine to form
regional boards; and setting forth minimum requirements for local
plans developed by county or regional boards.
At the request of Senator Unger, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Unger, 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: Barnes,
Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (Eng. H. B. No. 108) was then read a second time.
On motion of Senator Palumbo, the following amendment to the
bill was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 9B. SEXUAL ASSAULT EXAMINATION NETWORK.
§15-9B-1. Sexual Assault Forensic Examination Commission.
(a) There is hereby created within the Governor's Committee on
Crime, Delinquency and Correction the Sexual Assault Forensic
Examination Commission. The purpose of the commission is to
establish, manage and monitor a statewide system to facilitate the
timely and efficient collection of forensic evidence in sexual
assault cases. As used in this article, the word "commission"
means the Sexual Assault Forensic Examination Commission.
(b) The commission shall be chaired by the director of the
Division of Justice and Community Service. Membership on the
commission shall consist of the following:
(1) A representative chosen from the membership of the West
Virginia Prosecuting Attorneys Association;
(2) A representative chosen from the membership of the West Virginia Association of Counties;
(3) The Commissioner of the Bureau for Public Health, or his
or her designee;
(4) A representative from the State Police Forensic
Laboratory;
(5) A representative from the membership of the West Virginia
Child Advocacy Network;
(6) The President of the West Virginia Hospital Association,
or his or her designee;
(7) A representative from the membership of the West Virginia
Foundation for Rape and Information Services;
(8) A representative of the West Virginia University Forensic
and Investigative Sciences Program; and
(9) A representative of the Marshall University Forensic
Science Center.
(c) If any of the representative organizations listed in
subsection (b) of this section cease to exist, the director may
select a person from a similar organization.
(d) The director may appoint the following additional members
of the commission, as needed:
(1) An emergency room physician;
(2) A victim advocate from a rape crisis center;
(3) A sexual assault nurse examiner;
(4) A law-enforcement officer with experience in sexual
assault investigations;
(5) A health care provider with pediatric and child abuse expertise; and
(6) A director of a child advocacy center.
(e) The commission shall establish mandatory statewide
protocols for conducting sexual assault forensic examinations,
including designating locations and providers to perform forensic
examinations, establishing minimum qualifications and procedures
for performing forensic examinations and establishing protocols to
assure the proper collection of evidence.
§15-9B-2. Powers and duties of the commission.
(a) The commission shall facilitate the recruitment and
retention of qualified health care providers that are properly
qualified to conduct forensic examinations. The commission shall
work with county and regional officials to identify areas of
greatest need and develop and implement recruitment and retention
programs to help facilitate the effective collection of evidence.
(b) The commission shall authorize minimum training
requirements for providers conducting exams and establish a basic
standard of care for victims of sexual assault. The commission may
adopt necessary and reasonable requirements relating to
establishment of a statewide training and forensic examination
system, including, but not limited to, developing a data collection
system to monitor adherence to established standards, assisting
exam providers to receive training and support services, advocating
the fair and reasonable reimbursement to exam providers and
facilitating transportation services for victims to get to and from
designated exam locations.
(c) The commission shall approve local plans for each area of
the state on a county or regional basis. If the commission deems it
necessary, it may add or remove a county or portion thereof from a
region to assure that all areas of the state are included in an
appropriate local plan. Upon the failure of any county or local
region to propose a plan, the commission may implement a plan for
that county or region.
(d) Once a plan is approved by the commission, it can only be
amended or otherwise altered as provided by the rules authorized
pursuant to subsection (e) of this section. Designated facilities
and organizations providing services shall give the commission
thirty days advance notice of their intent to withdraw from the
plan. If there is a change of circumstances that would require a
change in a county or regional plan, the members of the local board
and the state commission shall be notified.
(e) The commission may propose rules for legislative approval,
in accordance with article three, chapter twenty-nine-a of this
code, as are necessary to implement this article.
§15-9B-3. Local Sexual Assault Forensic Examination Boards.
(a) Each county prosecutor, or his or her designee, shall
convene a Sexual Assault Forensic Examination Board, or may, as an
alternative, convene and chair the sexual assault response team in
the county to act as the Sexual Assault Forensic Examination Board.
If a regional board is authorized, all county prosecutors from the
designated area shall be members of the board. The prosecutors
shall assure that each board be proportionally representative of the designated region. Each board may vary in membership, but
should include representatives from local health care facilities,
local law enforcement, multidisciplinary investigative teams,
county and municipal governments and victims advocates. Each
county or regional board shall develop a local plan and protocols
for the area, which will address, at a minimum, the following:
(1) Identifying facilities that are appropriate for receipt
and treatment of sexual assault victims;
(2) Evaluating the needs and available resources of the area,
including the number of qualified physicians or nurses, or both, to
facilitate and encourage 24-hour, seven-day-a-week coverage; and
(3) Developing an alternative plan in case there is a change
in circumstances to ensure continuity of service.
(b) If availability of services are limited, or the remoteness
of the region causes lack of adequate examination facilities or
personnel, the local boards may designate local government or other
resources to provide appropriate transport of victims to facilities
where the victim can receive a timely and appropriate forensic
examination.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 108) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 108) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Unger, the Senate recessed until 5:45
p.m. today.
Upon expiration of the recess, the Senate reconvened and
resumed business under the third order.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 1002, Expiring funds in
State Fund, General Revenue, and making supplementary appropriation
to MAPS.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 1003, Expiring funds in
State Fund, General Revenue, and making supplementary appropriation
to various accounts.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 1005, Authorizing salary increase for
county commissioners and elected county officials.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 1009, Relating to computation of local
share for public school support purposes.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. House Bill No. 108, Establishing a regulatory system for
sexual assault forensic examinations.
The Senate again proceeded to the sixth order of business.
Senator Unger offered the following pre-adjournment
resolution:
Senate Resolution No. 103--Raising a committee to notify the
House of Delegates the Senate is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to notify the House of Delegates that the Senate has
completed its labors and is ready to adjourn
sine die.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Kessler (Mr. President), under the provisions of the foregoing resolution, appointed the following committee to notify
the House of Delegates of impending Senate adjournment:
Senators Beach, Cookman and Blair.
Subsequently, Senator Beach reported that the duties assigned
by Senate Resolution No. 103 had been performed.
Thereafter, a three-member delegation from the House of
Delegates, namely
Delegates L. Phillips, Jones and Ellem, announced that that
body also had completed its labors and was ready to adjourn
sine
die.
Senator Unger then offered the following resolution:
Senate Resolution No. 104--Raising a committee to notify His
Excellency, the Governor, that the Legislature is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to join with a similar committee of the House of Delegates to
notify His Excellency, the Governor, that the Legislature has
completed its labors and is ready to adjourn
sine die.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Under the provisions of the foregoing resolution, Senator
Kessler (Mr. President) appointed the following committee to notify
His Excellency, the Governor, that the Senate was ready to adjourn:
Senators Fitzsimmons, Stollings and Sypolt.
Delegates Campbell, Moore and Border, then announced that they
had been appointed by that body to join with the similar committee
named by the Senate to wait upon His Excellency and were ready to
proceed with this assignment.
Senators Fitzsimmons, Stollings and Sypolt, comprising the
Senate committee, then joined the House committee and proceeded to
the executive offices to notify His Excellency, the Governor, of
imminent adjournment of this extraordinary session of the
Legislature.
Subsequently, Senator Fitzsimmons, from the joint select
committee to notify His Excellency, the Governor, that the
Legislature had completed the business of this extraordinary
session and was ready to adjourn
sine die, returned to the chamber
and was recognized by the President. Senator Fitzsimmons then
reported this mission accomplished.
At the request of Senator Cookman, unanimous consent being
granted, the Joint Committee on Enrolled Bills was granted
permission, after it has examined, found truly enrolled and
presented to His Excellency, the Governor, for his action, bills
passed but not presented to him prior to adjournment of this first
extraordinary session of the eighty-first Legislature in the year
two thousand fourteen, to file its reports with the Clerk and that
the same be included in the Journal of the last day of the session;
and also, that any communications from His Excellency, the
Governor, as to his action on bills after adjournment of the
session, be included in the Journal.
In accordance with the foregoing unanimous consent agreement,
the following reports of the Joint Committee on Enrolled Bills were
filed as follows:
Senator Fitzsimmons, 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 19th day of March, 2014, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 1002), Expiring funds in State Fund,
General Revenue, and making supplementary appropriation to MAPS.
And,
(Com. Sub. for S. B. No. 1003), Expiring funds in State Fund,
General Revenue, and making supplementary appropriation to various
accounts.
Respectfully submitted,
Robert J. Fitzsimmons,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, 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 27th day of March, 2014, 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:
(S. B. No. 1005), Authorizing salary increase for county
commissioners and elected county officials.
And,
(S. B. No. 1009), Relating to computation of local share for
public school support purposes.
Respectfully submitted,
Corey Palumbo,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Palumbo, 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 28th day of March, 2014, 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. 101), Relating to the transfer of certain revenues
derived from lottery activities.
(H. B. No. 104), Increasing the annual cap for collections
into the Land Division special revenue account of the Department of
Agriculture.
(H. B. No. 106), Relating to debt service on bonds secured by
the State Excess Lottery Revenue Fund.
(H. B. No. 107), Relating to the disposal of drill cuttings
and associated drilling waste generated from well sites at
commercial solid waste facilities.
And,
(H. B. No. 108), Establishing a regulatory system for sexual
assault forensic examinations
.
Respectfully submitted,
Corey Palumbo,
Member, Senate Committee.
Danny Wells,
Chair, House Committee.
Executive Communications
Under authorization of Senate approval therefor in prior
proceedings today, to include in this day's Journal communications
showing the Governor's action on enrolled bills presented to him in
post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency,
the Governor, advising that on March 19, 2014, he had approved
Enr.
Committee Substitute for Senate Bill No. 1002 and
Enr. Committee
Substitute for Senate Bill No. 1003; and on March 31, 2014, he had
approved
Enr. Senate Bill No. 1005, Enr. Senate Bill No. 1009, Enr.
House Bill No. 101, Enr. House Bill No. 104, Enr. House Bill No.
106, Enr. House Bill No. 107 and
Enr. House Bill No. 108.
On motion of Senator Unger, the first extraordinary session of
the Senate in the year two thousand fourteen adjourned
sine die.
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