WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2003
FIRST DAY
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Charleston, W. Va., Tuesday, June 10, 2003
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Bob Wise, dated the tenth day of June, two thousand
three, convening the seventy-sixth Legislature of West Virginia in
extraordinary session today (Tuesday, June 10, 2003), 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 at five o'clock p.m., and was
called to order by its President, the Honorable Earl Ray Tomblin.
Prayer was offered by the Honorable Walt Helmick, a senator
from the fifteenth district.
On the call of the roll, the following answered to their
names:
Senators Bailey, Boley, Bowman, Caldwell, Chafin, Deem,
Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear,
Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse,
Weeks, White and Tomblin (Mr. President).
Thirty-two members having answered to their names, the
President declared the presence of a quorum.
Executive Communications
Senator Tomblin (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, BOB WISE, GOVERNOR of the State of West Virginia, by virtue
of the authority vested in me by Section 7, Article VII of the
Constitution of West Virginia, do hereby call the Legislature of
West Virginia to convene in Extraordinary Session at five o'clock
p.m., on the tenth day of June, two thousand three, in its chambers
in the State Capitol, City of Charleston, for the sole purpose of
considering and acting upon the following matters:
FIRST: Considering and acting upon resolutions honoring West
Virginia's servicemen and servicewomen who have served their
country honorably at home and abroad, including, but not limited
to, a resolution honoring Private First Class Jessica Lynch for her
sacrifice in defense of this country.
SECOND: Considering and acting upon legislation related to
the promulgation of legislative rules by executive departments and
agencies, boards and commissions contained in Enrolled Revised
Committee Substitute for Senate Bill No. 329, Regular Session,
2003, vetoed on April 2, 2003.
THIRD: Considering and acting upon legislation providing for
amendments to West Virginia Code §29-22-18a(d) to provide for
executive appointments of the members of the Economic Development
Grant Committee and project selection criteria as required by the
West Virginia Supreme Court of Appeals in State ex rel. Citizens
Action Group v. West Virginia Economic Development Grant Committee,
docket no. 31125, decided May 16, 2003.
FOURTH: Considering and acting upon legislation relating to
technical corrections in Enrolled Committee Substitute for Senate
Bill No. 558 (Chapter 88, Acts of the Legislature, 2003 Regular
Session), changes necessary to conform to existing state law and
other changes made necessary by one of the holdings of the West
Virginia Supreme Court of Appeals in State ex rel. Citizens Action
Group v. West Virginia Economic Development Grant Committee, docket
no. 31125, decided May 16, 2003.
FIFTH: Considering and acting upon legislation relating to
the establishment of an independent Workers' Compensation Division,
the financing and reorganization of its operations, restructuring
of benefit programs and other services provided to employers and employees and providing for creation of an intermediate court of
appeals.
SIXTH: Considering and acting upon legislation increasing
certain filing fees for the purpose of dedicating those revenues to
the courthouse facilities improvement fund and to provide legal
services for domestic violence victims.
SEVENTH: Considering and acting upon supplementary
appropriation bills.
EIGHTH: Considering and acting upon legislation amending West
Virginia Code §12-8-4(c) to provide for executive appointments of
the members of the Pension Bond Review Committee as required by one
of the holdings of the West Virginia Supreme Court of Appeals in
State ex rel. Citizens Action Group v. West Virginia Economic
Development Grant Committee, docket no. 31125, decided May 16,
2003.
NINTH: Considering and acting upon legislation increasing to
one hundred seventy-five million dollars as the amount of moneys
available from the consolidated fund as a loan to the West Virginia
Economic Development Authority for the purpose of promoting
business or industrial development projects in West Virginia.
TENTH: Considering and acting upon legislation extending the
Equal Pay Commission.
ELEVENTH: Considering and acting upon legislation amending
certain definitions in the state personal income and corporation net income tax code to conform to recent changes in federal law.
TWELFTH: Considering and acting upon legislation relating to
an increase in fees for renewals and sales of certain securities.
THIRTEENTH: Considering and acting upon legislation expanding
funding methods for community improvement through the creation and
empowerment of community improvement districts for the development,
construction, acquisition, financing, extension and improvement of
projects supported by a voluntary assessment on real property.
FOURTEENTH: Considering and acting upon legislation
authorizing agencies, counties and their instrumentalities to enter
into performance-based energy savings contracts and further
authorizing nonprofit corporations, counties and their
instrumentalities to enter into sale leaseback arrangements
relating to their interest in real property.
FIFTEENTH: Considering and acting upon legislation extending
funding by the West Virginia Parkways, Economic Development and
Tourism Authority of certain projects of the Hatfield-McCoy
regional recreational authority for an additional number of years.
SIXTEENTH: Considering and acting upon a resolution
authorizing the issuance of pension obligation bonds as provided
for in the Pension Liability Redemption Act, West Virginia Code
§12-8-1, et seq.
SEVENTEENTH: Considering and acting upon legislation
providing for the receipt and expenditure of funds for construction and other necessary project costs of the veterans' nursing home and
establishing necessary accounts.
EIGHTEENTH: Considering and acting upon legislation to
authorize and appropriate the expenditure of public moneys 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, on this the Tenth day
of June, in the year of our
Lord, Two Thousand Three, and
in the One Hundred Fortieth
year of the State.
BOB WISE,
Governor.
By the Governor:
JOE MANCHIN III,
Secretary of State.
Senator Chafin offered the following resolution:
Senate Resolution No. 201--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 Chafin, 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 Minard, Jenkins and Smith.
Subsequently, Senator Minard, 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 Frederick, Morgan and Calvert, 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 Chafin then offered the following resolution:
Senate Resolution No. 202--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 Chafin, 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 Sharpe, Fanning and Boley.
A message from the House of Delegates, by
Delegates Foster, Long and Azinger, 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. 202. Senate and
House members of this select committee then proceeded to the
executive offices.
Subsequently, Senator Sharpe reported that the joint Senate
and House committee had performed the duty assigned to it.
The following communication was reported by the Clerk:
WEST VIRGINIA LEGISLATURE
CHARLESTON
June 4, 2003
The Honorable Darrell E. Holmes
Clerk of the Senate
State Capitol
Charleston, West Virginia
Dear Mr. Clerk:
Under authority of Chapter 14, Article 2, Section 4 of the
Code of West Virginia, effective July 1, 2003, we appointed
Benjamin Hayes Webb II of Fairmont, West Virginia, to an expired
term of Judge of the Court of Claims. Mr. Webb is a reappointment.
As you know, this reappointment must be made with the advice
and consent of the Senate. We trust that you will present this
appointment to the Senate for consideration during the Second
Extraordinary Session of the Seventy-sixth Legislature.
Sincerely,
Earl Ray Tomblin,
President, Senate.
Robert S. Kiss,
Speaker, House of Delegates.
Which communication was received and referred to the Committee
on Confirmations.
On motion of Senator Love, consideration of the nomination
immediately hereinbefore reported was made a special order of
business for Friday, June 13, 2003, at 11 a.m.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced and read by their titles:
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2001--A Bill to amend and reenact section
four, article eight, chapter twelve of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
providing for executive appointment of members of the pension bond
review committee.
At the request of Senator Chafin, unanimous consent being
granted, 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 Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Oliverio and Unger--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 2001 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Harrison and Smith--2.
Absent: Oliverio and Unger--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. 2001) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse,
Weeks, White and Tomblin (Mr. President)--30.
The nays were: Harrison and Smith--2.
Absent: Oliverio and Unger--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. 2001) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2002--A Bill to amend and reenact section
nine-e, article six, chapter twelve of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
increasing the amount available from the consolidated fund as a
revolving loan to the West Virginia economic development authority
for the purpose of promoting certain business or industrial
development projects.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2003--A Bill to amend and reenact section two
hundred two, article two, chapter thirty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact section three hundred five, article three of said
chapter; and to amend and reenact section four hundred six, article
four of said chapter, all relating to updating fee structure
provisions for certain broker-dealers and agents; providing for
annual sales report and filing fee by certain issuers of
securities; and providing for disposition of special revenue.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2004--A Bill to amend and reenact section
five, article five-e, chapter twenty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to continuing the equal pay commission.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and referred to the Committee on
Government Organization; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2005--A Bill to amend and reenact section three, article twenty-four, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to updating the meaning of certain terms used in the West
Virginia corporation net income tax act by bringing them into
conformity with their meanings for federal income tax purposes; and
specifying effective date.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2006--A Bill to amend and reenact section
nine, article twenty-one, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to updating the meaning of certain terms used in the West
Virginia personal income tax act by bringing them into conformity
with their meanings for federal income tax purposes; and updating
effective date.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 2007--A Bill to amend and reenact section
eighteen-a, article twenty-two, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating generally to state excess lottery fund; deleting obsolete
language; providing that certain bonds issued state on their face
that they do not constitute a debt of the state; providing that the
governor appoint six persons to the committee certifying projects
to receive funds from bond proceeds; designating prior applications
as refiled and barring submission of new applications; requiring a
certain applicant to file additional information with the
committee; providing criteria to be used by the committee in
certifying projects; prohibiting grants to individuals or private
entities, but allowing low-interest loans to such persons; giving
examples of the types of projects considered to be in the public
interest; and providing that any excess funds be placed in the
economic development project bridge loan fund.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2008--A Bill to amend article twenty-four, chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto two new sections,
designated sections eighty-six and eighty-seven; and to amend
chapter sixteen of said code by adding thereto a new article,
designated article thirteen-e, all relating to expanding funding
methods for community improvement generally; authorizing the use of
voluntary proffers through zoning ordinance; providing enforcement
mechanism for proffers; authorizing the creation of and empowerment
of community improvement districts; providing for the development,
construction, acquisition, financing, extension and improvement of
projects; providing for notice to owners of real property of
assessments; authorizing the issuance of assessment bonds; and
providing for assessments and liens related thereto.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2009--A Bill to amend and reenact section
thirteen, article sixteen-a, chapter seventeen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to continuing the funding of the Hatfield-McCoy regional
recreation authority projects by the West Virginia parkways, economic development and tourism authority.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 2010--
A Bill to amend and reenact section two,
article two, chapter five-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and reenact
sections two, three, six, seven, eight, nine, ten, twelve,
fourteen, fifteen, seventeen and nineteen, article twenty-two,
chapter seven of said code; to amend and reenact sections two,
three, six, seven, eight, nine, ten, eleven, twelve, fourteen,
fifteen, sixteen, seventeen and nineteen, article thirty-eight,
chapter eight of said code; to amend and reenact section eleven-a,
article ten, chapter eleven of said code; to amend and reenact
section thirty-two, article fifteen-b of said chapter; and to
further amend said article by adding thereto four new sections,
designated sections thirty-three, thirty-four, thirty-five and
thirty-six, all relating generally to creation and administration
of economic opportunity districts by county commissions and Class
I and II municipalities and the imposition, administration and
collection of special district excise taxes to finance district economic development projects approved by council for community and
economic development.
At the request of Senator Chafin, and by unanimous consent,
the bill was taken up for immediate consideration, read a first
time, ordered to second reading, and then referred to the Committee
on Finance.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, June 11, 2003, at 12 Noon.
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