WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
SECOND EXTRAORDINARY SESSION, 2003
SECOND DAY
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Charleston, W. Va., Wednesday, June 11, 2003
The Senate met at 12 Noon.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Shirley Love, a senator
from the eleventh district.
Pending the reading of the Journal of Tuesday, June 10, 2003,
On motion of Senator Minard, the Journal was approved and the
further reading thereof dispensed with.
Senator Tomblin (Mr. President) presented a communication from
the Department of Tax and Revenue, submitting its quarterly report
summarizing closing agreements, in accordance with chapter eleven,
article ten, section five-q of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded 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. 202--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.
Referred to the Committee on Finance.
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. 203--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.
Referred to the Committee on Finance.
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. 204--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.
Referred to the Committee on Finance.
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. 205--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 West
Virginia corporation net income tax act by bringing them into
conformity with their meanings for federal income tax purposes; and
specifying effective date.
Referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2003, Updating fee structure provisions for
certain broker-dealers and agents; other provisions.
Now on second reading, having been read a first time and
referred to the Committee on Finance on June 10, 2003;
Senate Bill No. 2008, Creating Community Enhancement Act.
Now on second reading, having been read a first time and
referred to the Committee on Finance on June 10, 2003;
And,
Senate Bill No. 2009, Continuing funding of Hatfield-McCoy
regional recreation authority projects.
Now on second reading, having been read a first time and
referred to the Committee on Finance on June 10, 2003;
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bills (S. B. Nos. 2003, 2008 and 2009) contained in
the preceding report from the Committee on Finance were each taken
up for immediate consideration, read a second time and ordered engrossment and third reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 2010, Relating to economic opportunity
districts.
Now on second reading, having been read a first time and
referred to the Committee on Finance on June 10, 2003;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (S. B. No. 2010) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a second time and ordered to engrossment and
third reading.
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. 2011--A Bill to amend and reenact section seven, article one-c, chapter eleven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; to amend and
reenact section twenty-six, article three, chapter eleven-a of said
code; to amend and reenact sections one and two, article three,
chapter fifty of said code; to amend and reenact sections ten,
eleven and twenty-eight-a, article one, chapter fifty-nine of said
code; to amend and reenact section seventeen, article two of said
chapter; and to amend and reenact section four, article seven,
chapter sixty-one of said code, all relating to increasing certain
county clerk, circuit clerk, assessor, sheriff, prosecuting
attorney and magistrate court fees by resolution of county
commission; and dedicating those fee increases to the courthouse
facilities improvement fund and to the special revenue account to
provide legal services to domestic violence victims.
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. 2012--A Bill to amend chapter five-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article three-
b; to amend and reenact section three-hh, article one, chapter seven of said code; to amend and reenact section eighteen, article
twelve, chapter eight of said code; and to amend article one,
chapter thirty-one of said code by adding thereto a new section,
designated section one hundred sixty-one, all relating to
authorizing agencies, county commissions, county building
commissions and county development authorities to enter into
performance-based contracts with qualified providers of energy
conservation measures for the purpose of reducing energy operating
costs of agency buildings; authorizing counties and their
instrumentalities to enter into sale leaseback arrangements;
exemptions available to private entity who is a party to the
leaseback; leasebacks to be considered public improvements;
personal liability of a private entity who is a party to a
leaseback; specifying county commission and county building
commission interest in real property; municipality, municipal
building commission and municipal development authority interest in
real property; interest in real property of organizations that are
organizations under Section 501(c)(3) of the United States Internal
Revenue Code; and tax exemption of Section 501(c)(3) organizations
not affected by leasebacks.
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.
Petitions
Senator Facemyer presented a petition from Charlie Wallace and
thirty-two West Virginia residents, urging the Legislature to
support workers' compensation reform legislation permitting injured
workers the right to select doctors of their choice.
Referred to the Committee on the Judiciary.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Deem and Bowman.
Thereafter, at the request of Senator Love, and by unanimous
consent, the remarks by Senator Bowman were ordered printed in the
Appendix to the Journal.
At the request of Senator Sprouse, unanimous consent being
granted, the remarks by Senator Deem were ordered printed in the
Appendix to the Journal.
At the request of Senator Hunter, and by unanimous consent,
the Senate returned to the sixth order of business.
Petitions
Senator Hunter presented a petition from Billie J. Curtis and
numerous West Virginia residents, urging the Legislature to support
workers' compensation reform legislation permitting injured workers
the right to select doctors of their choice.
Referred to the Committee on the Judiciary.
The Senate again proceeded to the twelfth order of business.
Remarks were made by Senators Snyder and Oliverio.
Pending announcement of meetings of standing committees of the
Senate,
Senator Chafin moved that the Senate adjourn until tomorrow,
Thursday, June 12, 2003, at 11 a.m.
The question being on the adoption of Senator Chafin's motion,
and on this question, Senator Chafin demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Dempsey, Edgell, Facemyer, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Deem and Sprouse--2.
Absent: Fanning and Unger--2.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Chafin's motion had
prevailed.
In accordance with the foregoing motion, the Senate adjourned
until tomorrow, Thursday, June 12, 2003, at 11 a.m.
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