WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
FIFTY-SECOND DAY
____________
Charleston, W. Va., Friday, February 28, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dennis Vance, Jr., Marmet
First Baptist Church, Marmet, West Virginia.
Pending the reading of the Journal of Thursday, February 27,
2003,
On motion of Senator Prezioso, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
At the request of Senator Chafin, and by unanimous consent,
the Senate proceeded to the seventh order of business.
Eng. Com. Sub. for House Bill No. 2121, Establishing the
"All-Terrain Vehicle Safety Act" and the reasons therefor.
On unfinished business, coming up out of regular order, was
reported by the Clerk.
Senator Ross moved that the report of the committee of conference (shown in the Senate Journal of yesterday, Thursday,
February 27, 2003, pages three to eight) be adopted.
Senator Rowe arose to a point of order that, under Joint Rule
No. 3(a), which states in part "Such committee shall consider and
report only the subject matter of the amendment or amendments which
were in disagreement . . .", the committee of conference was not in
accordance with the rule.
Which point of order, the President ruled not well taken.
Senator Rowe then arose to a point of order that the committee
of conference was not granted full and free status by the body.
Which point of order, the President ruled not well taken.
Following discussion and a point of inquiry to the President,
with resultant response thereto,
The question being on the adoption of the report of the
committee of conference as to Engrossed Committee Substitute for
House Bill No. 2121, and on this question Senator Rowe demanded the
yeas and nays.
The roll being taken, the yeas were: Bailey, Boley, Caldwell,
Chafin, Deem, Dempsey, Facemyer, Helmick, Love, Minard, Ross,
Sharpe, Weeks and Tomblin (Mr. President)--14.
The nays were: Bowman, Edgell, Fanning, Guills, Harrison,
Hunter, Jenkins, Kessler, McCabe, McKenzie, Minear, Oliverio,
Plymale, Prezioso, Rowe, Smith, Snyder, Sprouse, Unger and
White--20.
Absent: None.
So, a majority of those present and voting not having voted in
the affirmative, the President declared the report of the committee
of conference rejected.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Chafin moved that the Senate reconsider the vote by
which on yesterday, Thursday, February 27, 2003, it passed
Eng. Senate Bill No. 648, Relating to election laws generally.
Having been recalled from the House of Delegates and the bill
now being in the possession of the Senate.
The question being on the adoption of Senator Chafin's
aforestated motion, the same was put.
The result of the voice vote being inconclusive, Senator
Chafin demanded a division of the vote.
A standing vote being taken, there were twelve "yeas" and
nineteen "nays".
Whereupon, the President declared Senator Chafin's aforestated
motion had not prevailed.
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 that that body had receded from its amendments to, and the passage
as amended by deletion, of
Eng. Senate Bill No. 205, Modifying criminal intent for animal
cruelty crimes; fines.
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. Com. Sub. for House Bill No. 2056--A Bill to amend
article three, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new section, designated section nine-b, relating to creating a
voluntary checkoff on income tax returns for donations from refunds
for family literacy program grants to schools and public libraries;
requiring state superintendent to administer program through the
division of technical and adult education family literacy
initiative; and requiring state superintendent to propose
legislative rules to implement the program.
Referred to the Committee on Education; and then to the
Committee on Finance.
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. Com. Sub. for House Bill No. 2083--A Bill to amend and
reenact section thirteen, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as
amended; and to amend and reenact section one, article one, chapter
eighteen-a of said code, all relating to county boards of education
generally; expanding job-sharing arrangements to include employees
who are not professional employees; requiring written agreements
for job-sharing arrangements; requiring agreements to specify which
employee is eligible for insurance coverage; and requiring
affirmative vote of county school service personnel before county
board may enter into such arrangements with service personnel.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2003, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2118--A Bill to amend and reenact section
twelve, article two-a, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the rights of members of the West Virginia state police
retirement system; and increasing certain benefits to dependents of
a state trooper who dies in performance of his duties.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
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. 2194--A Bill to amend and reenact section
eight, article twenty-nine, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to requiring police agencies that hire employees that were
trained and certified at the expense of other police agencies to
reimburse the police agencies that paid the training and
certification costs; and providing a schedule, based on periods of
employment, used to determine what proportion of the certification
and training costs that is required to be paid.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
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. Com. Sub. for House Bill No. 2713--A Bill to amend and
reenact section three-a, article twenty-five-a, chapter thirty-
three of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to authorizing health maintenance
organizations incorporated in other states to operate in West
Virginia.
Referred to the Committee on Banking and Insurance.
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. Com. Sub. for House Bill No. 2715--A Bill to amend and
reenact article twelve-c, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to nonadmitted insurers and the regulation of surplus
lines insurance; defining terms for implementation of the NAIC
nonadmitted insurers model act; establishing consistency among
states; providing specific provisions from the model; liberalizing
reciprocity for licensing nonresident surplus lines licensees;
providing grounds upon which the commission may deny a nonadmitted
insurer access to the state; providing for the regulation of
surplus lines; enforcement; violations; penalties; service of
process; and eliminating certain conflicting excess line-related
provisions.
Referred to the Committee on Banking and Insurance; and then
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. 2731--A Bill to amend and reenact section
nine, article twenty-three, chapter nineteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing dedication of a portion of pari-mutuel
proceeds be utilized to fund employee retirement plans at certain
racing facilities.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
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. Com. Sub. for House Bill No. 2744--A Bill to amend and
reenact section three, article three-b, chapter twenty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, relating to eliminating the exemption of government
employees performing electrical work on governmental property from
the electrician's licensing provisions of the code.
Referred to the Committee on Government Organization.
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. 2797--A Bill to amend and reenact section
eighteen-a, article six, chapter seventeen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
amend and reenact section eight, article one-d, chapter seventeen-b
of said code, all relating to advisory boards to the commissioner
of motor vehicles; and authorizing the division of motor vehicles
to reimburse members of the motor vehicle dealer advisory board and
members of the motorcycle safety awareness board for travel and
other reasonable and necessary expenses.
Referred to the Committee on Finance.
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. Com. Sub. for House Bill No. 2818--A Bill
to amend
article one, chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto two
new sections, designated sections three-ll and three-mm, all
relating to authorizing the county commissions of growth counties,
by adoption of an ordinance, to establish programs for the transfer
of property rights upon approval by a majority of the legal votes
cast at a countywide election; providing for a countywide election
on an ordinance for a program for transfer of development rights;
form of ballots or ballot labels; and election procedure.
Referred to the Committee on the Judiciary.
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. Com. Sub. for House Bill No. 2910--A Bill to amend
chapter fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article,
designated article three-a, relating to the establishment of an
"Amber alert" system to be utilized to rapidly disseminate
information with regard to abducted children.
Referred to the Committee on the Judiciary.
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. 3019--A Bill finding and declaring certain
claims against the state and its agencies to be moral obligations
of the state and directing the auditor to issue warrants for the
payment thereof.
Referred to the Committee on Finance.
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. 3045--A Bill to amend and reenact section
three, article nine-b, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; and to
further amend said article by adding thereto a new section,
designated section four, all relating generally to implementation
of master tobacco settlement agreement; providing allocable share
cap on payments by nonparticipating manufacturers; and, as to such,
providing special severability rule and date for implementation.
Referred to the Committee on Finance.
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. Com. Sub. for House Bill No. 3046--A Bill to amend
chapter sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article,
designated article nine-d, relating generally to facilitating and
enforcing compliance with tobacco master settlement agreement and
with laws implementing that agreement; imposing civil and criminal
penalties for failure to comply; and specifying internal effective
dates.
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. Com. Sub. for House Bill No. 3074--A Bill to amend and
reenact section seventeen, article ten, chapter five of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to allowing retired members of the teachers retirement
system to work up to one hundred eighty days for a public employees
retirement system employer.
Referred to the Committee on Education; and then to the
Committee on Finance.
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. 3150--A Bill to amend and reenact section one, article twenty-two, chapter five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; to amend and
reenact section ten, article twenty-two-a of said chapter; to amend
and reenact section fourteen, article eleven-b, chapter seven of
said code; and to amend and reenact section thirty-nine, article
two, chapter thirty-eight of said code, all relating to
requirements for performance, payment, bid and surety bonds.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2003, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3189--A Bill to amend and reenact section
eight, article one, chapter five-e of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
reducing the total tax credits available under the capital company
act during the fiscal year beginning on the first day of July, two
thousand three.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 59--Requesting the Joint
Committee on Government and Finance conduct a study of newborn
screenings related to the detection and control of hemoglobinopathies and other diseases that are usually associated
with mental retardation and other severe health problems.
Whereas, A number of serious inherited disorders can be
identified in the first few days after birth; and
Whereas, Early treatment will prevent physical disability,
mental retardation and, in some cases, death; and
Whereas, Inborn errors of body chemistry can be detected in
newborns through screening tests requiring a small amount of blood;
and
Whereas, West Virginia currently provides screening for PKU,
congenital hypothyroidism, galactosemia and hearing for all
newborns; and
Whereas, A minimum of ten core newborn screens are recommended
for all newborns; and
Whereas, West Virginia is committed to make every effort to
provide appropriate testing to newborns; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance conduct a study on this issue with
consideration of recommended infant screening tests, the costs and
the sources of payment with participation by representatives from
the state laboratory, the Office of Maternal and Child Health, the
Medicaid agency and community advocates; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 75--Extending the Committee of
Conference relating to consideration of Com. Sub. for H. B. 2122,
relating to medical professional liability generally.
Resolved by the Legislature of West Virginia:
That pursuant to Rule No. 3 of the Joint Rules of the Senate
and House of Delegates, the Committee of Conference is hereby
extended for a period of three days, until March 5, 2003, for the
express purpose of consideration of matters of disagreement between
the two houses as to Com. Sub. for H. B. 2122.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on February 27, 2003, he had approved
Enr. Committee Substitute for House Bill No. 2077, Enr. House Bill
No. 2778 and Enr. House Bill No. 2803.
The Senate proceeded to the sixth order of business, which
agenda includes the making of main motions.
On motion of Senator Oliverio, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for House Bill No. 2121, Establishing the
"All-Terrain Vehicle Safety Act" and the reasons therefor.
The bill still being in the possession of the Senate.
Senator Oliverio moved that the Senate reconsider the vote by
which in prior proceedings today it rejected the report of the
committee of conference.
The question being on the adoption of Senator Oliverio's
aforestated reconsideration motion.
Senator Minard then moved that the Senate recess for five
minutes.
The question being on the adoption of Senator Minard's aforestated motion, the same was put and did not prevail.
Senator Deem requested unanimous consent that further
consideration of Senator Oliverio's reconsideration motion be
deferred until the conclusion of bills on today's third reading
calendar.
Which consent was not granted, Senator Rowe objecting.
Senator Deem moved that further consideration of Senator
Oliverio's reconsideration motion be deferred until the conclusion
of bills on today's third reading calendar.
The question being on the adoption of Senator Deem's
aforestated motion, the same was put and did not prevail.
The question now being on the adoption of Senator Oliverio's
reconsideration motion, and on this question Senator Deem demanded
the yeas and nays.
The roll being taken, the yeas were: Bailey, Chafin, Dempsey,
Facemyer, Helmick, Love, Minard, Ross, Sharpe and Tomblin (Mr.
President)--10.
The nays were: Boley, Bowman, Caldwell, Deem, Edgell,
Fanning, Guills, Harrison, Hunter, Jenkins, Kessler, McCabe,
McKenzie, Minear, Oliverio, Plymale, Prezioso, Rowe, Smith, Snyder,
Sprouse, Unger, Weeks and White--24.
Absent: None.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Oliverio's motion
had not prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 1:00
p.m. today.
Upon expiration of the recess, the Senate reconvened and
proceeded to the fourth order of business.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 28th day of February, 2003, 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. 163), Continuing driver's licensing advisory board.
(S. B. No. 282), Continuing division of motor vehicle.
And,
(H. B. No. 2763), Allowing original equipment mounted
auxiliary lighting devices for use only when the vehicle is used
off road.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 78 (originating in the Committee
on Labor), Requiring overtime policies for certain health care
workers in hospitals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 78 (originating in
the Committee on the Judiciary)--A Bill to amend chapter twenty-one
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new article, designated article
five-f, relating to providing quality health care in hospitals;
providing for certain requirements for hospital overtime policies;
limiting number of hours worked in a day; providing exceptions for
unforeseen emergent circumstances; providing for reasonable efforts
to be made to prevent mandatory overtime; protecting workers from
discrimination for refusing mandatory overtime; providing division
of labor enforce article; providing administrative procedures by
rule; and creating civil penalties.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 78)
contained in the preceding report from the Committee on the
Judiciary was taken up for immediate consideration, read a first
time and ordered to second reading.
Senator Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Bowman,
Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale,
Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Unger, Weeks, White
and Tomblin (Mr. President)--27.
The nays were: Boley, Deem, Guills, Harrison, McKenzie,
Minear and Sprouse--7.
Absent: None.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 188, Requiring vision exams for school
admission; other provisions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 188 (originating in the
Committee on Education)--A Bill to amend article five, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section forty-six, relating to allowing each county board to
require certain comprehensive vision examinations for school
admission; notice of requirement; rule; providing methods for
children of limited means to obtain the comprehensive vision
examination; and religious exemption.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 188) contained in the
preceding report from the Committee on Education was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 198, Creating presumption that assessed value
of property is correct.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 198 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact section
twenty-four, article three, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to assessments; review and equalization by county
commissions; and creating a rebuttable presumption that the
assessed value of a property as determined by the assessor is
correct.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 198) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to second reading.
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, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--32.
The nays were: Minard and White--2.
Absent: None.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Senate Bill No. 198 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 198) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 217, Relating to beneficial use
of water treatment plant sludge
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 217) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (Com. Sub. for S. B. No. 217) was then read a second
time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section twenty-three, line three, by striking out
the words "to be";
On page two, section twenty-three, line five, by striking out
the word "must" and inserting in lieu thereof the word "shall";
On page two, section twenty-three, line seven, by striking out
the word "thereunder" and inserting in lieu thereof the words
"under this article";
On page two, section twenty-three, line nine, by striking out
the word "act" and inserting in lieu thereof the word "article";
And,
On page two, section twenty-three, line twelve, after the word
"date" by inserting the words "of this act".
The bill, as amended, was ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 217 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 217) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 412, Eliminating landlord liability for
tenant's delinquent utility accounts; security deposits.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 412 (originating in the Committee on the Judiciary)--A Bill to amend and reenact section
nine, article thirteen-a, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to public service districts; public utility services;
providing that unpaid charges for services do not become a lien
against the owner of real property nor is the owner liable for the
charges unless the owner contracted directly with the provider for
the services; modifying deposit; and providing refund of deposit
with interest.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 412) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
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, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (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. 412 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 412) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 433 (originating in the
Committee on the Judiciary), Relating to public employees insurance
agency's cost-sharing and coverage plan.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 433 (originating
in the Committee on Finance)--A Bill
to amend and reenact sections
two, five and twenty-five, article sixteen, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to providing coverage to certain employees
who work full time whether regularly employed or not; excluding
costs projected to be paid for retired employees from the
calculation for premium cost sharing; and limiting funds
transferred annually to the reserve fund to eight percent of the
projected total plan costs for each fiscal year.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 433)
contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--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 Committee Substitute for
Senate Bill No. 433 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 433) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 441, Establishing Uniform Prudent Investor
Act.
With amendments from the Committee on Government Organization
pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 441) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 445, Creating legislative oversight commission
on health care professionals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 445 (originating in the
Committee on the Judiciary)--A Bill to amend chapter twenty-nine of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article one-k;
and to amend and reenact sections seven, nine and fourteen, article
three, chapter thirty of said code, all relating to creating a
legislative oversight commission on health care professionals
licensed in West Virginia; requiring the board of medicine to
submit an annual report to the Legislature and governor detailing
statistical information relating to licenses under the board of
medicine; professional discipline; changing number of judgments
leading to investigation; adding conviction of felony crime of
violence as basis for automatic revocation; and requiring hearing
within ninety days of charges.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, as chair of the Committee on Finance,
requested unanimous consent to dispense with the second committee
reference of the bill contained in the foregoing report from the
Committee on the Judiciary.
Which consent was not granted, Senator Jenkins objecting.
On motion of Senator Helmick, as chair of the Committee on
Finance, the second committee reference of the bill contained in
the foregoing report from the Committee on the Judiciary was
dispensed with.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 445) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter,
Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross,
Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--24.
The nays were: Deem, Facemyer, Guills, Harrison, Jenkins,
McKenzie, Minear, Smith, Sprouse and Weeks--10.
Absent: None.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 475, Relating to rehabilitation
and liquidation of insurers.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 25, 2003;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 475) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
O
n page nine, section three, line six, after "(a)" by
inserting the words "of this section";
On page eleven, section four, line twenty-one, after the word
"three" by inserting the words "of this article";
On page fourteen, section four-b, line eleven, before the word
"The" by inserting "(f)";
On page nineteen, section fourteen, line three, by striking
out the word "herein";
On page nineteen, section fourteen, line three, after the word
"prescribed" by inserting the words "in this section";
On page twenty-one, section eighteen, line twenty-four, after
the word "his" by inserting the words "or her";
On page twenty-two, section eighteen, line nineteen, after the
word "his" by inserting the words "or her";
On page twenty-four, section nineteen-a, line three, by
striking out the word "regulations" and inserting in lieu thereof
the word "rules";
On page twenty-seven, section twenty-six, line seventeen,
after the word "his" by inserting the words "or her";
On page twenty-seven, section twenty-six, line twenty-two,
after the word "he" by inserting the words "or she";
On page thirty, section twenty-six, line five, after "(d)" by
inserting the words "of this section";
On page thirty-two, section twenty-six, line nine, after the
word "him" by inserting the words "or her";
On page thirty-eight, section twenty-six-c, line twelve, after
the word "his" by inserting the words "or her";
On page forty, section twenty-eight, line ten, after the word
"him" by inserting the words "or her";
On page forty-one, section twenty-eight, line five, by
striking out the word "foregoing" and inserting in lieu thereof the
words "provisions of subsection (b) of this section";
On page forty-two, section twenty-nine, line eighteen, after
the word "his" by inserting the words "or her";
On page forty-three, section twenty-nine, line eleven, after
the word "his" by inserting the words "or her";
On page forty-three, section twenty-nine, line twenty-one,
after the word "his" by inserting the words "or her";
On page forty-four, section twenty-nine, line three, after the
word "he" by inserting the words "or she";
On page forty-four, section twenty-nine, line ten, after the
word "him" by inserting the words "or her";
On page forty-four, section twenty-nine, line fourteen, after
the word "thirty" by inserting the words "of this article";
On page forty-five, section twenty-nine, line seven, after the
word "nineteen-a" by inserting the words "of this article";
On page forty-five, section twenty-nine, line seventeen, after
the word "his" by inserting the words "or her";
On page forty-five, section twenty-nine, line twenty-one,
after the word "his" by inserting the words "or her";
On page forty-eight, section thirty-six, line three, after the
word "in" by inserting the words " section nineteen-a of";
On page forty-nine, section thirty-six, line twelve, by
striking out the words "above required";
On page forty-nine, section thirty-six, line twelve, after the
word "notice" by inserting the words "required in this subsection";
On page forty-nine, section thirty-six, line fourteen, by
striking out the word "hereof" and inserting in lieu thereof the
words "of this section";
On page forty-nine, section thirty-eight, line eighteen, after
the word "he" by inserting the words "or she";
On page forty-nine, section thirty-eight, line twenty-two,
after the word "his" by inserting the words "or her";
And,
On page forty-nine, section thirty-eight, line twenty-four,
after the word "his" by inserting the words "or her".
The bill (Com. Sub. for S. B. No. 475), as amended, was then
ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Committee Substitute for Senate Bill No. 475 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 475) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2003.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--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. 475) takes effect July 1, 2003.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 482, Defining "adult-oriented establishment"
for county commissions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 482 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact section
three-jj, article one, chapter seven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
defining "adult-oriented establishment" relative to counties'
authority to enact ordinances restricting location of exotic
entertainment establishments; authorizing counties to restrict the
location of an "adult-oriented establishment"; and severability.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffery V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 482) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
At the further request of Senator Kessler, and by unanimous
consent, Senator Kessler addressed the Senate regarding Committee
Substitute for Senate Bill No. 482.
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, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (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. 482 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 482) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 493, Eliminating certain administrative duties
of commissioner of agriculture.
Now on second reading, having been read a first time and
referred to the Committee on Government Organization on February
26, 2003;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 493) contained in the preceding report
from the Committee on Government Organization was taken up for
immediate consideration, read a second time and ordered to
engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Senate Bill No. 493 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--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. S.
B. No. 493) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 522, Authorizing county boards of education to
lease school property no longer needed.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 522 (originating in the
Committee on Education)--A Bill to amend and reenact section seven,
article five, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
authorizing a county board of education to lease school property
that is no longer needed.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 522) contained in the
preceding report from the Committee on Education was taken up for
immediate consideration, read a first time and ordered to second
reading.
On motion of Senator 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, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (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. 522 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 522) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 529, Creating institute for health care
professionals and center for nursing.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 529 (originating in the
Committee on Government Organization)--A Bill to amend the code of
West Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new chapter, designated chapter thirty-a, relating to creating the West Virginia institute for health care
professionals; powers and duties of the institute; establishing a
board of directors for the institute; creating the center for
nursing; center assuming the duties of the nursing shortage study
commission; establishing a board of directors for the center;
powers and duties of the center; assessing fee to fund the center;
and sunset provisions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 529) contained in the
preceding report from the Committee on Government Organization 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, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (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. 529 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 529) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 530, Relating to investments and investment
practices of insurance companies.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 530 (originating in the
Committee on Banking and Insurance)--A Bill
to amend and reenact
section six, article three, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact article eight of said chapter; to amend and
reenact section three, article nine of said chapter; to amend and
reenact section eleven, article twenty-two of said chapter; to
amend and reenact section ten, article twenty-four of said chapter;
to amend and reenact section four, article twenty-five-a of said
chapter; to amend and reenact section five, article twenty-five-d
of said chapter; and to amend and reenact section two-a, article
twenty-seven of said chapter, all relating to investments and
investment practices of insurance companies; and correcting
references to amended sections of article eight of said chapter.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Banking and Insurance.
At the request of Senator Minard, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 530) contained in the
preceding report from the Committee on Banking and Insurance 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, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (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. 530 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 530) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 538, Allowing supplemental assessment of
personal property in certain cases.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 538) contained in the preceding report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (S. B. No. 538) was then read a second time.
On motion of Senator Facemyer, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page three, after line eighteen, by adding the following:
§11-3-9. Property exempt from taxation.
(a) All property, real and personal, described in this
subsection, and to the extent herein limited, is exempt from
taxation:
(1) Property belonging to the United States, other than
property permitted by the United States to be taxed under state law;
(2) Property belonging exclusively to the state;
(3) Property belonging exclusively to any county, district,
city, village or town in this state and used for public purposes;
(4) Property located in this state, belonging to any city,
town, village, county or any other political subdivision of another
state, and used for public purposes;
(5) Property used exclusively for divine worship;
(6) Parsonages and the household goods and furniture
pertaining thereto;
(7) Mortgages, bonds and other evidence of indebtedness in the
hands of bona fide owners and holders hereafter issued and sold by
churches and religious societies for the purposes of securing money
to be used in the erection of church buildings used exclusively for
divine worship or for the purpose of paying indebtedness thereon;
(8) Cemeteries;
(9) Property belonging to, or held in trust for, colleges,
seminaries, academies and free schools if used for educational,
literary or scientific purposes, including books, apparatus,
annuities and furniture;
(10) Property belonging to, or held in trust for, colleges or
universities located in West Virginia, or any public or private
nonprofit foundation or corporation which receives contributions
exclusively for such college or university, if the property or
dividends, interest, rents or royalties derived therefrom are used or devoted to educational purposes of such college or university;
(11) Public and family libraries;
(12) Property used for charitable purposes and not held or
leased out for profit;
(13) Property used for the public purposes of distributing
water or natural gas or providing sewer service by a duly chartered
nonprofit corporation when such property is not held, leased out or
used for profit;
(14) Property used for area economic development purposes by
nonprofit corporations when such property is not leased out for
profit;
(15) All real estate not exceeding one acre in extent, and the
buildings thereon, used exclusively by any college or university
society as a literary hall, or as a dormitory or clubroom, if not
used with a view to profit, including, but not limited to, property
owned by a fraternity or sorority organization affiliated with a
university or college, or property owned by a nonprofit housing
corporation or similar entity on behalf of a fraternity or sorority
organization affiliated with a university or college, when the
property is used as residential accommodations, or as a dormitory
for members of the organization;
(16) All property belonging to benevolent associations not
conducted for private profit;
(17) Property belonging to any public institution for the
education of the deaf, dumb or blind or any hospital not held or leased out for profit;
(18) Houses of refuge and lunatic or orphan asylums;
(19) Homes for children or for the aged, friendless or infirm
not conducted for private profit;
(20) Fire engines and implements for extinguishing fires, and
property used exclusively for the safekeeping thereof, and for the
meeting of fire companies;
(21) All property on hand to be used in the subsistence of
livestock on hand at the commencement of the assessment year;
(22) Household goods to the value of two hundred dollars,
whether or not held or used for profit;
(23) Bank deposits and money;
(24) Household goods, which for purposes of this section means
only personal property and household goods commonly found within
the house and items used to care for the house and its surrounding
property, when not held or used for profit;
(25) Personal effects, which for purposes of this section
means only articles and items of personal property commonly worn on
or about the human body, or carried by a person and normally
thought to be associated with the person, when not held or used for
profit;
(26) Dead victuals laid away for family use; and
(27) Any other property or security exempted by any other
provision of law.
(b) Notwithstanding the provisions of subsection (a) of this section, no property is exempt from taxation which has been
purchased or procured for the purpose of evading taxation, whether
temporarily holding the same over the first day of the assessment
year or otherwise.
(c) Real property which is exempt from taxation by subsection
(a) of this section shall be entered upon the assessor's books,
together with the true and actual value thereof, but no taxes may
be levied upon the property or extended upon the assessor's books.
(d) Notwithstanding any other provisions of this section, this
section does not exempt from taxation any property owned by, or
held in trust for, educational, literary, scientific, religious or
other charitable corporations or organizations, including any
public or private nonprofit foundation or corporation existing for
the support of any college or university located in West Virginia,
unless such property, or the dividends, interest, rents or
royalties derived therefrom, is used primarily and immediately for
the purposes of the corporations or organizations.
(e) The tax commissioner shall, by issuance of rules, provide
each assessor with guidelines to ensure uniform assessment
practices statewide to effect the intent of this section.
(f) In as much as there is litigation pending regarding
application of this section to property held by fraternities and
sororities, amendments to this section enacted in the year one
thousand nine hundred ninety-eight shall apply to all cases and
controversies pending on the date of such enactment.
On motion of Senator Facemyer, the following amendment to the
bill was next reported by the Clerk and adopted:
On page one, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That sections five and nine, article three, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:.
The bill, as amended, was ordered to engrossment and third
reading.
Engrossed Senate Bill No. 538 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, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: Edgell--1.
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. 538) passed.
On motion of Senator Facemyer, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 538--A Bill to amend and reenact sections
five and nine, article three, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to allowing a supplemental assessment on personal property
when personal property has been omitted from the recordbooks; and
exempting farm equipment and livestock from personal property
taxation.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 551, Increasing employee contribution to
deputy sheriff retirement fund.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 551) contained in the preceding report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (S. B. No. 551) was then read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section seven, lines twelve through fifteen, by
striking out the words "An additional ten and one-half percent of
the monthly salary of each member shall be paid to the fund by the
county commission of the county in which the member is employed in
covered employment." and inserting in lieu thereof the following:
An additional amount shall be paid to the fund by the county
commission of the county in which the member is employed in covered employment in an amount determined by the board: Provided, That in
no year may the total of the contributions provided for in this
section, to be paid by the county commission, exceed ten and five-
tenths percent of the total payroll for the members in the employ
of the county commission for the preceding fiscal year.;
On page two, section seven, line seventeen, by striking out
the word "and" and inserting in lieu thereof the word "and/or";
And,
On page two, section seven, line eighteen, by striking out the
word "proportionally".
The bill, as amended, was ordered to engrossment and third
reading.
Engrossed Senate Bill No. 551 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--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. S. B. No. 551) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 555, (originating in the
Committee on Natural Resources), Providing person not guilty of
trespassing or hunting without permission in certain cases.
And reports the back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 555 (originating
in the Committee on the Judiciary)--A Bill to amend and reenact
section seven, article two, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing that persons may not be guilty of trespassing
or hunting without permission merely because the person's dog
pursues an animal or wild bird onto another person's private or
leased land.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 555)
contained in the preceding report from the Committee on the
Judiciary was taken up for immediate consideration, read a first
time and ordered to second reading.
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, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (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
Committee Substitute for
Senate Bill No. 555 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 555) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 566, Increasing salaries of
supreme court justices, circuit court and family court judges.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 25, 2003;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 566) contained in the preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk:
On page three, section six, lines fourteen and fifteen, by
striking out the words "eighty-five thousand five hundred" and
inserting in lieu thereof the words "sixty-five thousand".
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and
resumed consideration of
Com. Sub. for Senate Bill No. 566, Increasing salaries of
supreme court justices, circuit court and family court judges.
The question being on the adoption of the Finance committee
amendment to the bill.
At the request of Senator Helmick, as chair of the Committee
on Finance, and by unanimous consent, the Finance committee
amendment to the bill was withdrawn.
On motion of Senator Helmick, the following amendment to the
bill was next reported by the Clerk and adopted:
On page three, section six, lines fourteen and fifteen, by
striking out the words "eighty-five thousand five hundred" and
inserting in lieu thereof the words "sixty-eight thousand".
The following amendment to the bill, from the Committee on Finance, was next reported by the Clerk and adopted:
On page three, section six, line nineteen, by striking out the
word "twenty-five" and inserting in lieu thereof the word "twenty-
seven".
The following amendment to the bill, from the Committee on
Finance, was next reported by the Clerk:
On page five, section six, after line eleven, by adding the
following:
ARTICLE 9. RETIREMENT SYSTEM FOR JUDGES OF COURTS OF RECORD.
§51-9-6. Eligibility for and payment of benefits.
(a) Except as otherwise provided in sections five, twelve and
thirteen of this article, and subject to the provisions of
subsection (e) of this section, any person who is now serving, or
who shall hereafter serve, as a judge of any court of record of
this state and shall have served as such a judge for a period of
not less than sixteen full years and shall have has reached the age
of sixty-five years, or who has served as judge of such court or of
that court and other courts of record of the state for a period of
sixteen full years or more (whether continuously or not and whether
said service be the service is entirely before or after this
article became effective, or partly before and partly after said
that date, and whether or not said judge shall be the judge is in
office on the date he or she shall become eligible to benefits
hereunder) and shall have becomes eligible to benefits under this section) and has reached the age of sixty-five years, or who is now
serving, or who shall hereafter serve hereafter serves, as a judge
of any court of record of this state and shall have served as such
judge for a period of not less than twenty-four full years,
regardless of age, shall, upon a determination and certification of
his or her eligibility as provided in section nine hereof of this
article, be paid from the fund annual retirement benefits, so as
long as he or she shall live lives, in an amount equal to
seventy-five percent of the annual salary of the office from which
he or she has retired based upon such salary of such the salary of
the office and as such the salary may be changed from time to time
during the period of his or her retirement and the amount of his or
her retirement benefits shall be based upon and be equal to
seventy-five percent of the highest annual salary of such the
office for any one calendar year during the period of his or her
retirement, and shall be payable in monthly installments:
Provided, That any retired judge or any judge who retires after the
effective date of the amendments to this section, enacted by the
Legislature at its regular session held in the year two thousand
three, shall not receive any increase or decrease in retirement
benefits based on changes in the salary of the office during his or
her retirement: Provided, however That such the retirement
benefits shall be paid only after such the judge has resigned as
such or, for any reason other than his or her impeachment, his or her service as such has ended: Provided however further, That
every such person seeking to retire and to receive the annual
retirement benefits provided by this subsection must have served a
minimum of twelve years as a sitting judge of any such court of
record.
(b) Notwithstanding any other provisions of this article with
the exception of sections twelve-a and twelve-b of this article,
any person who is now serving or who shall hereafter serve
hereafter serves as a judge of any court of record of this state
and who shall have has accumulated sixteen years or more of
credited service, at least twelve years of which is as a sitting
judge of a court of record, and who has attained the age of
sixty-two years or more but less than the age of sixty-five years,
may elect to retire from his or her office and to receive the
pension to which he or she would otherwise be entitled to receive
at age sixty-five, but with an actuarial reduction of pension
benefit to be established as a reduced annuity receivable
throughout retirement. The reduced percentage (less than
seventy-five percent) actuarially computed, determined and
established at time of retirement in respect of this reduced
pension benefit shall also continue and be applicable to any
subsequent new annual salary set for the office from which such the
judge has retired and as such the salary may be changed from time
to time during the period of his or her retirement: Provided, That any retired judge or any judge who retires after the effective date
of the amendments to this section, enacted by the Legislature at
its regular session held in the year two thousand three, shall not
receive any increase or decrease in retirement benefits based on
changes in the salary of the office during his or her retirement.
(c) In determining eligibility for the benefits provided by
this section, active full-time duty (including leaves and
furloughs) in the armed forces of the United States shall be are
eligible for qualification as credited military service for the
purposes of this article by any judge with twelve or more years
actual service as a sitting judge of a court of record, such the
awardable military service to not exceed five years.
(d) If a judge of a court of record who is presently sitting
as such on the effective date of the amendments to this section
enacted by the Legislature at its regular session held in the year
one thousand nine hundred eighty-seven, and who has served for a
period of not less than twelve full years and has made payments
into the judges' retirement fund as provided in this article for
each month during which he served as judge, following the effective
date of this section, any portion of time which he or she had
served as prosecuting attorney in any county in this state shall
qualify qualifies as years of service, if such judge shall pay the
judge pays those sums required to be paid pursuant to the
provisions of section four of this article: Provided, That any term of office as prosecuting attorney, or part thereof, commencing
after the thirty-first day of December, one thousand nine hundred
eighty-eight, shall not hereafter in any way qualify as eligible
years of service under this retirement system.
(e) Any retirement benefit accruing under the provisions of
this section shall not be paid if otherwise barred under the
provisions of article ten-a, chapter five of this code.
(f) Notwithstanding any other provisions of this article,
forfeitures under the system shall not be applied to increase the
benefits any member would otherwise receive under the system.
§51-9-6a. Eligibility benefits; service and retirement of judges
over sixty-five years of age.
Any judge of a court of record of this state, who shall have
served for a period of not less than eight full years after
attaining the age of sixty-five years and who shall have made
payments into the judges' retirement fund as provided in this
article for each month during which he or she served as such a
judge following the effective date of this section, shall be is
subject to all the applicable terms and provisions of this article,
not inconsistent with the provisions hereof of this section, and
shall receive retirement benefits in an amount equal to
seventy-five percent of the annual salary of the office from which
he or she has retired based upon such the salary of such the office
as such the salary may be changed from time to time during the period of his or her retirement and the amount of his or her
retirement benefits shall be based upon and be equal to
seventy-five percent of the highest annual salary of such the
office for any one calendar year during the period of his or her
retirement, and shall be payable in monthly installments:
Provided, That any retired judge or any judge who retires after the
effective date of the amendments to this section, enacted by the
Legislature at its regular session held in the year two thousand
three, shall not receive any increase or decrease in retirement
benefits based on changes in the salary of the office during his or
her retirement. If such judge shall become the judge becomes
incapacitated to perform his or her said duties before the
expiration of his or her said term and after serving for six years
thereof, and upon the acceptance of his or her resignation as in
this article provided, he or she shall be paid the annual
retirement benefits as herein provided so provided in this section
as long as he or she shall live lives. The provisions of this
section shall prevail over any language to the contrary in this
article contained, except those provisions of sections twelve-a and
twelve-b of this article.
§51-9-6b. Annuities for surviving spouses and surviving dependent
children of judges; automatic escalation and increase of
annuity benefit; proration designation by judge permitted.
(a) There shall be paid, from the fund created or continued by section two of this article, or from such any funds as may be that
are appropriated by the Legislature for such that purpose, an
annuity to the surviving spouse of a judge, if such the judge at
the time of his or her death is eligible for the retirement
benefits provided by any of the provisions of this article, or who
has, at death, actually served five years or more as a sitting
judge of any court of record of this state, exclusive of any other
service credit to which such the judge may otherwise be entitled,
and who dies either while in office or after resignation or
retirement from office pursuant to the provisions of this article.
Said The annuity shall amount to forty percent of the annual salary
of the office which said the judge held at his or her death or from
which he or she resigned or retired. In the event said the salary
is increased or decreased while an annuitant is receiving the
benefits hereunder under this section, his or her annuity shall
amount to forty percent of the new salary: Provided, That any
annuitant receiving benefits on or after the effective date of the
amendments to this section, enacted by the Legislature at its
regular session held in the year two thousand three, shall not
receive any increase or decrease in his or her annuity based on
changes in the salary of the office during the period of time he or
she receives benefits. The annuity granted hereunder under this
section shall accrue monthly and shall be due and payable in
monthly installments on the first business day of the month following the month for which the annuity shall have accrued. Such
The annuity shall commence on the first day of the month in which
said the judge dies and shall, subject to the provisions of
subsection (b) of this section, terminate upon the death of the
annuitant or shall terminate upon the remarriage of the annuitant.
(b) If there be is no surviving spouse at the time of death of
a judge who dies after serving five years or more as a sitting
judge of any court of record and such the judge leaves surviving
him or her any dependent child or children such the dependent child
or children shall receive an amount equal to twenty percent of the
annual salary of the office which said the judge held at the time
of his or her death: Provided, That the total of all such
annuities payable to each such child shall not exceed in the
aggregate an amount equal to forty percent of such the salary.
Such The annuity shall continue as to each such child until: (i) He
or she attains the age of eighteen years; or (ii) attains the age
of twenty-three years, so as long as such the child remains a full-
time student. The auditor shall, by legislative rule, establish
the criteria for determining a person's status as a full-time
student within the meaning and intent of this subsection. In the
event there are surviving any such the judge three or more
dependent children, then each such child's annuity shall be
proratably reduced in order that the aggregate annuity received by
all such the dependent children does not exceed forty percent of such the salary and the amount to be so received by any such child
shall continue throughout the entire period during which each such
child is eligible to receive such the annuity. The provisions of
this subsection shall also apply to those circumstances and
situations wherein in which a surviving spouse of a deceased judge
shall die dies while receiving benefits pursuant to subsection (a)
of this section and who shall leave leaves surviving dependent
children of such the deceased judge who would be entitled to
benefits under this subsection as if they had succeeded to such the
annuity benefits upon the death of such the judge in the first
instance. In the event the salary of judges is increased or
decreased while an annuitant is receiving benefits pursuant to this
subsection, the annuities payable shall be likewise increased or
decreased proportionately to reflect such the change in salary.
The annuities granted hereunder shall under this section accrue
monthly and shall be are due and payable in monthly installments on
the same day as surviving spouses benefits are required to be paid.
Such The annuities shall commence on the first day of the month in
which any such dependent child becomes eligible for benefits
hereunder under this section and shall terminate on the last day of
the month during which such the eligibility ceases.
On motion of Senator Bowman, the following amendments to the
Finance committee amendment to the bill were reported by the Clerk,
considered simultaneously, and adopted:
On page two, section six, line twenty-four, after the word "retirement" by inserting a comma and the words "and if the proviso
is ruled unconstitutional, then the salary increases in section
ten-a, article one of this chapter and section thirteen, article
two of this chapter are considered null and void";
On page four, section six, line seven, after the word
"retirement" by inserting a comma and the words "and if this
proviso is ruled unconstitutional, then the salary increases in
section ten-a, article one of this chapter and section thirteen,
article two of this chapter are considered null and void";
On page six, section six-a, line thirteen, after the word
"retirement" by inserting a comma and the words "and if this
proviso is ruled unconstitutional, then the salary increases in
section ten-a, article one of this chapter and section thirteen,
article two of this chapter are considered null and void";
And,
On page seven, section six-b, line twenty-four, after the word
"benefits" by inserting a comma and the words "and if this proviso
is ruled unconstitutional, then the salary increases in section
ten-a, article one of this chapter and section thirteen, article
two of this chapter are considered null and void".
The question now being on the adoption of the Finance
committee amendment to the bill, as amended, the same was put and
prevailed.
On motion of Senator Unger, the following amendment to the
bill was reported by the Clerk and adopted:
On page one, after line twenty-three by inserting the
following:
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 1. COURTS AND OFFICERS.
§50-1-3. Salaries of magistrates.
(a) The Legislature finds and declares that:
(1) The West Virginia supreme court of appeals has held that
a salary system for magistrates which is based upon the population
that each magistrate serves does not violate the equal protection
clause of the constitution of the United States;
(2) The West Virginia supreme court of appeals has held that
a salary system for magistrates which is based upon the population
that each magistrate serves does not violate section thirty-nine,
article VI of the constitution of West Virginia;
(3) The utilization of a two-tiered salary schedule for
magistrates is an equitable and rational manner by which
magistrates should be compensated for work performed;
(4) Organizing the two tiers of the salary schedule into one
tier for magistrates serving less than eight thousand five hundred
in population and the second tier for magistrates serving eight
thousand five hundred or more in population is rational and
equitable given current statistical information relating to
population and caseload; and
(5) That all magistrates who fall under the same tier should be compensated equally; and
_____(6) That it is in the intent of the Legislature to move toward
equalization of magistrate salaries with the salaries of circuit
court clerks and county clerks.
(b) The salary of each magistrate shall be paid by the state.
Magistrates who serve fewer than eight thousand five hundred in
population shall be paid annual salaries of thirty thousand six
hundred twenty-five dollars and magistrates who serve eight
thousand five hundred or more in population shall be paid annual
salaries of thirty-seven thousand dollars: Provided, That on and
after the first day of July, two thousand three, magistrates who
serve fewer than eight thousand five hundred in population shall be
paid annual salaries of thirty-three thirty-eight thousand six
hundred twenty-five dollars and magistrates who serve eight
thousand five hundred or more in population shall be paid annual
salaries of forty forty-five thousand dollars.
(c) For the purpose of determining the population served by
each magistrate, the number of magistrates authorized for each
county shall be divided into the population of each county. For
the purpose of this article, the population of each county is the
population as determined by the last preceding decennial census
taken under the authority of the United States government.
CHAPTER 51. COURTS AND THEIR OFFICERS.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to withdraw the
unreported Finance committee amendment to the enacting section of
the bill.
On motion of Senator Unger, the following amendment to the
bill was next reported by the Clerk and adopted:
On page one, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That section three, article one, chapter fifty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; that section ten-a, article one, chapter
fifty of said code be amended and reenacted; that section thirteen,
article two of said chapter be amended and reenacted; that section
six, article two-a of said chapter be amended and reenacted; and
that sections six, six-a and six-b, article nine of said chapter be
amended and reenacted, all to read as follows:.
At the request of Senator Deem, and by unanimous consent,
Senator Deem addressed the Senate regarding Committee Substitute
for Senate Bill No. 566.
The bill (Com. Sub. for S. B. No. 566), as amended, was
ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Unger, White and Tomblin (Mr. President)--29.
The nays were: Boley, Harrison, Minear, Sprouse and Weeks--5.
Absent: None.
Engrossed Committee Substitute for Senate Bill No. 566 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Plymale,
Prezioso, Ross, Sharpe, Snyder, Unger and Tomblin (Mr.
President)--24.
The nays were: Boley, Harrison, McKenzie, Minear, Oliverio,
Rowe, Smith, Sprouse, Weeks and White--10.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 566) passed.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to withdraw the
unreported Finance committee amendment to the title of the bill.
On motion of Senator Unger, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 566--A Bill to amend and
reenact section three, article one, chapter fifty of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact section ten-a, article one, chapter fifty-one of
said code; to amend and reenact section thirteen, article two of
said chapter; to amend and reenact section six, article two-a of
said chapter; and to amend and reenact sections six, six-a and six-
b, article nine of said chapter, all relating generally to the
court system; increasing the salaries of justices of the supreme
court, judges of circuit courts; family court judges, secretary
clerks of family court judges and magistrates; providing that
judges' retirement benefits do not change when the salary of judges
change during their retirement; and providing for nullifying
certain salary increases under certain conditions.
Senator Chafin moved that the bill take effect July 1, 2003.
On this question, the yeas were: Bailey, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick,
Hunter, Jenkins, Kessler, Love, McCabe, Minard, Plymale, Prezioso,
Ross, Sharpe, Snyder, Unger and Tomblin (Mr. President)--24.
The nays were: Boley, Harrison, McKenzie, Minear, Oliverio,
Rowe, Smith, Sprouse, Weeks and White--10.
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. 566) takes effect July 1, 2003.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 570, Creating Tourism
Destination Economic Development Act.
And as amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 26, 2003;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 570) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page fifteen, section seven, lines nineteen through twenty-
two, by striking out all of subdivision (4) and inserting in lieu
thereof a new subdivision (4), to read as follows:
(4) Assurances that the project will not receive for its
construction any substantial tax or other financial incentives
payable out of state funds for the project, other than the sales
tax refund provided for in section thirty-four, article fifteen,
chapter eleven of this code.;
On page nineteen, section eight, line four, by striking out
"(d)" and inserting in lieu thereof "(g)";
And,
On page nineteen, section eight, after line twenty-one, by
adding a new subsection, designated subsection (h), to read as
follows:
(h) The board shall report to the joint commission on economic
development at the January, two thousand four, legislative interim
session on the number of applications received by eligible
companies as provided in this article, the status of each
application, the number of projects approved and the status of each
project.
The bill (Com. Sub. for S. B. No. 570), as amended, was
ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Committee Substitute for Senate Bill No. 570 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 570) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2003.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--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. 570) takes effect July 1, 2003.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 610, Increasing licensing fees
by alcohol beverage control administration.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 26, 2003;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 610) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page five, section ten, line twenty-three, by striking out
the word "Such" and inserting in lieu thereof the word "Any";
On page seven, after line sixteen, by inserting the following:
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§29-22B-328. Restricted access adult-only facility defined.
"Restricted access adult-only facility" means:
(a) (1) A private club licensed under article 60-7-1, et seq.,
of this code that is licensed under this article by the commission
to allow its members and their guests to play video lottery games:
Provided, That when the private club is frequented by minors and
their parents, video lottery terminals shall be located in a
separate room suitable for the location of video lottery terminals
with adult-only restricted access, the interior of which is not
visible to persons outside the room; and
(2) A place of business that: (A) Has a "Class A" license
issued under article 11-16-1, et seq., of this code to sell
nonintoxicating beer for consumption on the premises; (B) derives at least forty percent of its annual gross receipts at that
location from sales of nonintoxicating beer to consumers and of
such sales, at least eighty percent are sales of nonintoxicating
beer for consumption on the premises; (C) maintains a suitable
kitchen and dining facility and related equipment for serving meals
for on-premises consumption; (D) regularly prepares and sells meals
for consumption on the premises; (E) has a separate room suitable
for the location of video lottery terminals with adult-only
restricted access, the interior of which is not visible to persons
outside the room; and (F) after meeting any additional standards
developed by the commission to implement and apply this
subdivision, is licensed under this article by the commission to
allow video lottery games to be played in the restricted access
adult-only separate room on the premises.
(b) Notwithstanding the provisions of subsection (a) of this
section, it does not include a place of business that sells
petroleum products in conjunction with established primarily for
the sale of other retail products which may include, but are not
limited to, tobacco, alcohol or food products; nor may such place
of business establish a separate room or building which is a part
of, contiguous to, or adjoining the place of business as a
restricted access adult-only facility.;
On page ten, section twenty-two, line twenty-one, after the
word "his" by inserting the words "or her";
On pages fourteen and fifteen, section nine, by striking out all of the subdivisions (1) and (2) and inserting in lieu thereof
a new subdivision (1), to read as follows:
"(1) The private club at all times has on hand for sale to
consumers an inventory of liquor, wine and nonintoxicating beer
that has an aggregate wholesale purchase price of one thousand
dollars or more, and during each calendar quarter of the license
period, the private club has gross receipts from sales of alcoholic
beverages for consumption on the premises of three thousand dollars
or more; and";
And renumbering the remaining subdivision;
On page fifteen, section nine, line eight, by striking out the
word "means" and by inserting in lieu thereof the words "applies
to";
On page fifteen, section nine, lines thirteen through fifteen,
by striking out all of subdivision (3);
On page fifteen, section nine, line eighteen, by striking out
the word "two" and inserting in lieu thereof the word "three";
On page sixteen, section nine, line seven, after the word
"contrary." by adding the following: Failure of a licensee to at
all times comply with the requirements of subsection (a) of this
section shall result in revocation of the licensee's limited video
lottery license under article twenty-two-b, chapter twenty-nine of
this code, except when and then only to the extent the failure is
directly due to fire, flood or other act of God beyond the control
of the licensee.;
And,
On page two, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That sections nine and ten, article sixteen, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section three hundred
twenty-eight, article twenty-two-b, chapter twenty-nine of said
code be amended and reenacted; that section twelve, article three-
a, chapter sixty of said code be amended and reenacted; that
sections fifteen and twenty-two, article four of said chapter be
amended and reenacted; that said article be further amended by
adding thereto a new section, designated section nine; and that
section three, article eight of said chapter be amended and
reenacted, all to read as follows:.
The bill (Com. Sub. for S. B. No. 610), as amended, was then
ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Committee Substitute for Senate Bill No. 610 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 610) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 610--A Bill to amend and
reenact sections nine and ten, article sixteen, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended; to amend and reenact section three hundred twenty-eight, article twenty-two-b, chapter twenty-nine of said code; to amend
and reenact section twelve, article three-a, chapter sixty of said
code; to amend and reenact sections fifteen and twenty-two, article
four of said chapter; to amend article seven of said chapter by
adding thereto a new section, designated section nine; and to amend
and reenact section three, article eight of said chapter, all
relating generally to businesses selling nonintoxicating beer,
alcoholic liquors or wine; increasing annual licensing fees of West
Virginia alcohol beverage control administration licensees;
prohibiting private clubs from having limited video lottery license
unless they are a bona fide private club; prohibiting retail
establishments from having limited video lottery license; making
technical corrections; and providing effective dates.
Senator Chafin moved that the bill take effect July 1, 2003.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--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. 610) takes effect July 1, 2003.
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 Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 611, Defining podiatric medical assistants;
eligibility requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 611 (originating in the
Committee on Health and Human Resources)--A Bill to amend and
reenact sections two, six, nine and ten, article twenty-three,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said article
by adding thereto two new sections, designated sections six-a and
six-b, all relating to defining podiatric medical assistants;
establishing the requirement of a permit to perform podiatric
radiographs and eligibility criteria therefor; and restricting the
scope of practice under such permit.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 611) contained in the
preceding report from the Committee on Health and Human Resources
was taken up for immediate consideration, read a first time and
ordered to second reading.
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, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (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. 611 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 611) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 626, Revising works act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 626) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (S. B. No. 626) was then read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page nine, section five, line ten, by striking out the word
"hereby";
On page eleven, section seven, line eight, by striking out the
word "to";
On page twelve, section seven, line nine, by striking out the
word "utilize" and inserting in lieu thereof the word "use";
On page seventeen, section eleven, line fifteen, after the
word "contract" by striking out the comma and inserting in lieu
thereof the word "and";
On page seventeen, section eleven, line fifteen, by striking
out the word "thereto" and inserting in lieu thereof the words "to
the contract";
On page seventeen, section eleven, line seventeen, after the
word "contract" by striking out the comma and inserting in lieu
thereof the word "or";
On page seventeen, section eleven, line eighteen, by striking
out the word "thereto" and inserting in lieu thereof the words "to
the contract";
On page seventeen, section eleven, line twenty-four, by
striking out the word "therefor" and inserting in lieu thereof the
words "for the reduction or termination";
And,
On page eighteen, section eleven, line seventeen, by striking
out the word "thereto" and inserting in lieu thereof the words "to
the contract".
The bill, as amended, was ordered to engrossment and third
reading.
Engrossed Senate Bill No. 626 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--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. S.
B. No. 626) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 649, Relating to use of waste tire remediation
funds.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 25, 2003;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 649) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration and read a second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page two, section four, lines eight and nine, by striking
out the words "is hereby authorized and empowered" and inserting in
lieu thereof the word "may";
On page two, section four, line nine, by striking out the
words "To propose" and inserting in lieu thereof the word
"Propose";
On page two, section four, line twelve, by striking out the
word "to";
On page two, section four, line sixteen, by striking out the
words "shall also have" and inserting in lieu thereof the words
"also has";
On page two, section four, line eighteen, by striking out the
word "hereunder" and inserting in lieu thereof the words "under
this article";
On page two, section four, line twenty, by striking out the
word "hereunder" and inserting in lieu thereof the words "under
this article";
On page three, section four, line one, by striking out the
word "thereunder" and inserting in lieu thereof the words "under
those articles";
On page three, section four, line ten, by striking out the
word "Utilization" and inserting in lieu thereof the word "Use";
On page three, section four, line twenty, by striking out the
words "is authorized to" and inserting in lieu thereof the word "may";
On page four, section four, line six, after the word "his" by
inserting the words "or her";
On page four, section four, line ten, by striking out the
words "is authorized to" and inserting in lieu thereof the word
"may";
On page four, section four, lines ten and eleven, by striking
out the words "all or any portion" and inserting in lieu thereof
the words "not more than two and one half million dollars
annually;"
On page four, section four, line eighteen, after the word
"state" by striking out the remainder of the subsection and
inserting in lieu thereof the following: Provided, That a waste
tire processing facility shall be determined by the solid waste
management board, established pursuant to the provisions of article
three, chapter twenty-two-c of this code, to meet all applicable
federal and state environmental laws and rules and regulations and
to aid the state in efforts to promote and encourage recycling and
use of constituent component parts of waste tires in an
environmentally sound manner: Provided, however, That the waste
tire processing facility shall have a capital cost of not less than
three hundred million dollars, and the council for community and
economic development shall determine that the waste tire processing
facility is a viable economic development project of benefit to the state's economy.;
And,
On page six, section seventeen-a, line twenty-one, by striking
out the word "provision" and inserting in lieu thereof the word
"provisions".
The bill (S. B. No. 649), as amended, was ordered to
engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Senate Bill No. 649 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--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. S.
B. No. 649) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 651, Creating academy of science and
technology.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 651 (originating in the
Committee on Government Organization)--A Bill to repeal article
one-c, chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact chapter
five-b of said code by adding thereto a new article, designated
article two-c, relating to creation of the West Virginia academy of
science and technology; declaring the legislative purpose;
establishing the academy council; defining the qualifications and selection of members; establishing terms of members; providing that
members shall not be entitled to compensation; executive director
of the council; duties of the council and the executive director;
nomination of fellows of the academy and their participation in
working groups of the academy; requiring periodic reports;
continuation; and providing for confidentiality of trade secrets.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 651) contained in the
preceding report from the Committee on Government Organization 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, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (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. 651 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 651) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 656 (originating in the Committee on the
Judiciary)--A Bill to amend chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new article, designated article twenty-four,
relating to requiring persons who operate all-terrain vehicles who
are under the age of eighteen years to wear helmets; prohibiting
persons under the age of eighteen from riding on an all-terrain
vehicle that is operated by another person under the age of
eighteen; providing penalties for violation; exempting commercial
and farm use from application of article; and providing for local
or county regulation or prohibition of all-terrain vehicles.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 656) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Oliverio moved that the constitutional rule requiring
a bill to be read on three separate days be suspended.
Senator Oliverio then requested unanimous consent to address
the Senate.
Which consent was not granted, Senator Chafin objecting.
Senator Oliverio moved that he be permitted to address the Senate.
Senator Deem then arose to the point of order that the motion
to suspend the constitutional rule is not a debatable motion.
Which point of order, the President ruled well taken.
Following a point of inquiry to the President, with resultant
response thereto,
The question being on the adoption of Senator Oliverio's
motion that the constitutional rule requiring a bill to be read on
three separate days be suspended.
The roll being taken, the yeas were: Fanning, Guills,
Harrison, Hunter, Jenkins, Kessler, McKenzie, Oliverio, Prezioso,
Rowe, Snyder, Sprouse, Weeks and White--14.
The nays were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem,
Dempsey, Edgell, Facemyer, Helmick, Love, McCabe, Minard, Minear,
Plymale, Ross, Sharpe, Smith, Unger and Tomblin (Mr.
President)--20.
Absent: None.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
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. 657 (originating in the Committee on Finance)--A Bill to amend and reenact sections two, four, five and eight,
article one, chapter five-e of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
generally to the West Virginia capitol company act; lowering amount
of tax credits available; making a portion of the venture capital
company tax credit available to investors in economic development
and technology advancement centers generally; declaration of
policy; definitions; providing for tax credits for centers; and
authorizing promulgation of legislative rules.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 657) 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.
Following a point of inquiry to the President, with resultant
response thereto,
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, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: Deem--1.
Absent: None.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 657 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--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. S.
B. No. 657) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 254, Authorizing board of dental examiners to
promulgate legislative rule relating to board.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 254 (originating in the
Committee on the Judiciary)--A Bill to amend article nine, chapter
sixty-four of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section four, relating to authorizing the board of dental examiners
to promulgate a legislative rule relating to the board.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 254) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
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, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--33.
The nays were: Deem--1.
Absent: None.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Senate Bill No. 254 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, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Weeks and Tomblin (Mr. President)--29.
The nays were: Deem, Hunter, McKenzie, Unger and White--5.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 254) 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, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Jenkins, Kessler, Love, McCabe, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder,
Sprouse, Weeks and Tomblin (Mr. President)--29.
The nays were: Deem, Hunter, McKenzie, Unger and White--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.
Com. Sub. for S. B. No. 254) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for Senate Bill No. 329, Authorizing
miscellaneous agencies and boards to promulgate legislative rules.
And reports back a revised committee substitute for same with
the following title:
Rev. Com. Sub. for Senate Bill No. 329 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article
nine, chapter sixty-four of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating generally to the
promulgation of administrative rules by the various executive or
administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and
boards; legislative mandate or authorization for the promulgation
of certain legislative rules; authorizing certain of the agencies
to promulgate certain legislative rules in the form that the rules
were filed in the state register; authorizing certain of the
agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the legislative rule-
making review committee; authorizing certain of the agencies to
promulgate certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee and as
amended by the Legislature; authorizing commissioner of agriculture
to promulgate legislative rule relating to inspection of meat and
poultry; authorizing contractor licensing board to promulgate
legislative rule relating to contractor licensing act; authorizing
courthouse facilities improvement authority to promulgate
legislative rule relating to authority; authorizing board of dental
examiners to promulgate legislative rule relating to board;
authorizing board of dental examiners to promulgate legislative
rule relating to formation and approval of dental corporations;
authorizing family protection services board to promulgate
legislative rule relating to operation of board; authorizing family
protection services board to promulgate legislative rule relating
to licensure of domestic violence and perpetrator intervention programs; authorizing family protection services board to
promulgate legislative rule relating to perpetrator intervention
program licensure; authorizing family protection services board to
promulgate legislative rule relating to monitored visitation and
exchange program certification; authorizing board of funeral
service examiners to promulgate legislative rule relating to board;
authorizing board of funeral service examiners to promulgate
legislative rule relating to crematory requirements; authorizing
governor's committee on crime, delinquency and correction to
promulgate legislative rule relating to law-enforcement training
standards; authorizing governor's committee on crime, delinquency
and correction to promulgate legislative rule relating to community
corrections standards; authorizing massage therapy licensure board
to promulgate legislative rule relating to board; authorizing board
of medicine to promulgate legislative rule relating to licensure,
disciplinary and complaint procedures, continuing education and
physician assistants; authorizing nursing home administrators
licensing board to promulgate legislative rule relating to nursing
home administrators; authorizing board of optometry to promulgate
legislative rule relating to licensure by endorsement; authorizing
board of pharmacy to promulgate legislative rule relating to
pharmacist recovery networks; authorizing board of pharmacy to
promulgate legislative rule relating to controlled substances
monitoring; authorizing radiologic technology board of examiners to
promulgate legislative rule relating to board; authorizing real estate appraiser licensing and certification board to promulgate
legislative rule relating to requirements for licensure and
certification; authorizing real estate appraiser licensing and
certification board to promulgate legislative rule relating to
renewal of licensure and certification; authorizing real estate
commission to promulgate legislative rule relating to requirements
in licensing real estate brokers, associate brokers and
salespersons and conduct of brokerage businesses; authorizing real
estate commission to promulgate legislative rule relating to
schedule of fees; authorizing real estate commission to promulgate
legislative rule relating to requirements in approval and
registration of real estate courses, course providers and
instructors; authorizing secretary of state to promulgate
legislative rule relating to registry for notification of state of
emergency; authorizing board of veterinary medicine to promulgate
legislative rule relating to standards of practice; and authorizing
board of veterinary medicine to promulgate legislative rule
relating to schedule of fees.
With the recommendation that the revised committee substitute
do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Rev. Com. Sub. for S. B. No. 329) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
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, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Revised Committee Substitute for Senate Bill No. 329
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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--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.
Rev. Com. Sub. for S. B. No. 329) 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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--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.
Rev. Com. Sub. for S. B. No. 329) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and
proceeded to the sixth order of business.
Senators Rowe, Weeks, Ross, McCabe, Plymale, Unger, Caldwell, Jenkins, Minard, Sharpe, Fanning, Prezioso, White, Hunter and
Tomblin (Mr. President) offered the following resolution:
Senate Concurrent Resolution No. 44--Requesting the Division
of Highways name the Harper Road Bridge spanning I-64/I-77 at
Beckley the "Lewis N. McManus - Statesman and Speaker of the House
of Delegates - Memorial Bridge".
Whereas, Lewis N. McManus, former Speaker of the House of
Delegates, was an exemplary public servant, outstanding citizen,
gentleman and statesman of the highest caliber; and
Whereas, Lewis N. McManus, who passed away December 18, 2002,
at the age of seventy-three, was a positive and compassionate voice
in state politics, not only as Speaker of the House of Delegates,
where he served with honor and distinction for nearly six years
during the 1970s, but in all endeavors that he undertook, whether
in public or private life; and
Whereas, Lewis N. McManus, a native of Raleigh County, also
served as President of the University of Charleston, as Associate
Vice President at Charles Ryan and Associates, as an assistant to
the President of West Virginia University and as a commentator for
West Virginia Public Radio; and
Whereas, Lewis N. McManus was a rare political figure who had
the unique ability to transcend politics in order to promote the
best interests of the citizens of this state. He was truly a
statesman of the highest character and intellect; and
Whereas, Lewis N. McManus left a proud legacy to the citizens
of this state, as a statesman, public servant and private citizen;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the Harper Road Bridge spanning I-64/I-77 at Beckley the
"Lewis N. McManus - Statesman and Speaker of the House of Delegates
- Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to erect a memorial plaque at the entry way of each end
of the bridge with a prominent and legible inscription stating the
following: "The Lewis N. McManus - Statesman and Speaker of the
House of Delegates - Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the University of
Charleston, Charles Ryan and Associates, West Virginia University,
the West Virginia Public Broadcasting Corporation and the Raleigh
County Commission.
Which, under the rules, lies over one day.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Concurrent Resolution No. 45 (originating in the
Committee on Energy, Industry and Mining)--Urging Congress provide
additional funding from the Abandoned Mine Reclamation Fund to
finance future water projects in West Virginia.
Whereas, In 1977 the Surface Mining Control and Reclamation
Act was enacted, establishing an Abandoned Mine Reclamation Fund
financed by a fee assessed on every ton of coal mined for the
purpose of restoring previously mined but unreclaimed lands; and
Whereas, To date over $6 billion has been collected from the
coal industry to mitigate the hazards associated with abandoned
coal mine lands, such as dangerous highwalls, impoundments, open
mine portals and contaminated water supplies; and
Whereas, West Virginia has received almost $200 million from
the Abandoned Mine Reclamation Fund to finance the reclamation of
abandoned coal mine land sites in the state, but the Legislature is
of the firm conviction that additional funding is vital to the
success of future reclamation and water projects within this state;
and
Whereas, The discrepancy between fee collections and
expenditures is widening, with approximately $285 million collected
in fiscal year 2001 but only $172 million appropriated; and
Whereas, A balance of $1.5 billion currently exists in the
Federal Abandoned Mine Reclamation Fund; and
Whereas, The threat to the health, safety and general welfare
of coalfield citizens from the hazards associated with abandoned
coal mine sites is unacceptable and must be mitigated; and
Whereas, The expenditure of funds for abandoned mine
reclamation projects not only enhances the coalfield environment
but creates jobs in the construction of such projects; therefore,
be it
Resolved by the Legislature of West Virginia:
That Congress is hereby urged to provide additional funding
from the Abandoned Mine Reclamation Fund to finance future water
projects in West Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the United States
House of Representatives, the United States Senate and each member
of the West Virginia congressional delegation.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Concurrent Resolution No. 46 (originating in the
Committee on Energy, Industry and Mining)--Requesting the Joint
Committee on Government and Finance appoint an interim committee to
review the current need for and feasibility of existing state
legislative rules, procedural rules, interpretive rules, policies,
guidance, directives and programs that may be more stringent than
the corresponding federal regulations promulgated by the Office of
Surface Mining Reclamation and Enforcement.
Whereas, The efficient and effective administration of the
mining regulatory program in the State of West Virginia is of
utmost importance to the people of the State of West Virginia;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to appoint a six-member interim committee composed of
three members of the House of Delegates and three members of the
Senate to make proposed findings, conclusions and recommendations
on the efficient and effective administration of the mining
regulatory program in West Virginia; and, be it
Further Resolved, That the West Virginia Coal Association
shall identify issues of concern on or before May 1, 2003, relating
to specifically identified and prioritized legislative rules,
procedural rules, interpretive rules, policies, guidance,
directives and programs that may be more stringent than the corresponding federal regulations promulgated by the Office of
Surface Mining Reclamation and Enforcement; and, be it
Further Resolved, That the West Virginia Department of
Environmental Protection will undertake a review of the issues
identified by the West Virginia Coal Association and evaluate the
current needs or feasibility of the same and report to the interim
committee no later than October 1, 2003; and, be it
Further Resolved, That beginning May 1, 2003, and ending
January 1, 2004, the West Virginia Department of Environmental
Protection will provide a monthly report to the interim committee
containing the following information:
1. The number of mining permit applications, including
amendments and revisions pending, at the Division of Mining and
Reclamation and the acreage associated with the pending
applications.
2. The number of mining permit applications, including
revisions and amendments, approved by the Department of Mining and
Reclamation and the acreage associated with the approvals.
3. The number of applications received for Phase I, Phase II
and Phase III bond release and the acreage associated with the bond
release applications.
4. The number of applications for Phase I, Phase II and Phase
III bond release approved by the Division of Mining and Reclamation
and the acreage associated with the approvals; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 47 (originating in the
Committee on Military)--Requesting the Secretary of the Department
of Transportation, the members of the West Virginia congressional
delegation, the President of the Senate and the Speaker of the
House of Delegates expedite the construction of an access road to
the Beckley Veterans Administration Medical Center.
Whereas, Thousands of veterans utilize the services of the Beckley Veterans Administration Medical Center; and
Whereas, The patients, visitors and staff to the Beckley
Veterans Administration Medical Center currently must travel
through two school zones and several residential areas to enter or
exit this facility; and
Whereas, Officials of the City of Beckley and local emergency
service departments have voiced concerns about the lone access and
egress from this vital medical center; and
Whereas, An access road of approximately seven hundred feet,
running from Robert C. Byrd Drive (Route 16) to the Beckley
Veterans Administration Medical Center, would provide patients,
staff and visitors a vitally needed, safe and easy access to the
Medical Center; and
Whereas, The Secretary of the Department of Transportation has
indicated to the Senate Committee on Military that he agrees that
such an access road is both needed and feasible; therefore, be it
Resolved by the Legislature of West Virginia:
That the Secretary of the Department of Transportation, the
members of the West Virginia congressional delegation, the
President of the Senate and the Speaker of the House of Delegates
expedite the construction of an access road to the Beckley Veterans
Administration Medical Center; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of the Department of Transportation, the members of the West Virginia
congressional delegation, the President of the Senate, the Speaker
of the House of Delegates and the West Virginia Veterans Coalition.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jon Blair Hunter,
Chair.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 48 (originating in the
Committee on Military)--Requesting the Governor, the Commissioner
of the Division of Culture and History, the Executive Coordinator
of the Department of Administration and the Capitol Building
Commission work together to facilitate the construction of covered
walkways and access ramps for the purpose of providing easier
access to the Capitol for handicapped persons.
Whereas, Access for handicapped persons to the Capitol,
especially during the legislative session, has become of increasing
concern; and
Whereas, Since many legislators have offices in the east and
west wings of the capitol building, walking from the main capitol
building to the east or west wing in inclement weather exposes all persons to the elements; and
Whereas, These routes from the main capitol building to the
east and west wings on the second floor are without ramps for the
access of wheelchair-bound, handicapped and elderly persons; and
Whereas, Alternate routes for the handicapped from the main
capitol building to legislative offices on the second floors of the
east and west wings are difficult, circuitous and long; and
Whereas, The existing routes on the second floor of the main
capitol building to the east and west wings should be made
accessible for all citizens who visit their legislative
representatives or participate in the legislative process;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor, the Commissioner of the Division of Culture
and History, the Executive Coordinator of the Department of
Administration and the Capitol Building Commission work together to
facilitate the construction of covered walkways and access ramps
for the purpose of providing easier access to the Capitol for
handicapped persons; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Governor, the
Commissioner of the Division of Culture and History, the Executive
Coordinator of the Department of Administration, the members of the
Capitol Building Commission and the West Virginia Veterans Coalition.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The Senate again proceeded to the seventh order of business.
Senate Concurrent Resolution No. 39, Requesting Joint
Committee on Government and Finance study efficient ways to
administer programs under Governor's Cabinet on Children and
Families.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 40, Requesting Joint
Committee on Government and Finance study expanding appeal of
Tamarack in eastern United States.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 41, Requesting Joint
Committee on Government and Finance study converting teachers'
retirement system to defined benefit retirement system.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 42, Requesting Joint Committee on Government and Finance study retirement programs for
certain employees.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 43, Amending Joint Rule No.
3 relating to conference committee membership requirements.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 105, Increasing tax on cigarettes.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bowman, Caldwell,
Dempsey, Edgell, Guills, Helmick, Hunter, Jenkins, Kessler, Love,
Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, Unger, White and Tomblin (Mr. President)--22.
The nays were: Bailey, Boley, Chafin, Deem, Facemyer,
Fanning, Harrison, McKenzie, Minear, Smith and Weeks--11.
Absent: McCabe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 105) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2003.
On this question, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder,
Sprouse, Unger, White and Tomblin (Mr. President)--30.
The nays were: Boley, Minear and Weeks--3.
Absent: McCabe--1.
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. 105) takes effect July 1, 2003.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 153, Creating
division of gaming.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, White and
Tomblin (Mr. President)--26.
The nays were: Boley, Guills, Harrison, Smith, Sprouse, Unger
and Weeks--7.
Absent: McCabe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 153) passed with its title .
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter,
Jenkins, Kessler, Love, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, White and Tomblin
(Mr. President)--26.
The nays were: Boley, Guills, Harrison, Smith, Sprouse, Unger
and Weeks--7.
Absent: McCabe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 153) takes effect from
passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 362,
Establishing Public-Private Transportation Act of 2003.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Plymale, unanimous consent was
granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Plymale, the following amendment to the bill was reported by the Clerk:
On page thirty-five, after section twenty, by adding the
following:
ARTICLE 17A. CONSTRUCTION FINANCING FOR SURFACE TRANSPORTATION
IMPROVEMENTS.
§17-17A-1. Purpose and scope.
This article is intended to facilitate the acquisition of
right-of-way for, the construction of, the reconstruction of and
the improvement or repair of any interstate or other highway
facility designated as a part of the federal aid highway system or
any toll bridge, secondary road, bridge and toll road to be funded,
wholly or in part, by amounts to be made available pursuant to the
Federal Surface Transportation Assistance Act of one thousand nine
hundred eighty-two transportation equity act for the twenty-first
century, or from amounts to be made available pursuant to any other
succeeding federal legislation, or from amounts specifically
appropriated or dedicated therefor for the highway facility or toll
bridge by the state, or from amounts which may be properly expended
from the state road fund under article three of this chapter. This
article authorizes federal grant anticipation notes, in an
aggregate amount of outstanding notes not to exceed two five
hundred million dollars, to be issued to provide financing for such
the projects in anticipation of reimbursement from such those
sources, but such the notes will be are special obligations of the state only and will are not be general obligations of the state or
secured by any claim on the general credit or taxing powers of the
state.
§17-17A-2. Definitions.
As used in this article, the following words and terms shall
have the following meanings:
"Commissioner" means the West Virginia commissioner of the
division of highways.
"Cost", when used with respect to any surface transportation
improvement, means any and all costs of acquiring, constructing,
reconstructing, replacing, completing or repairing any surface
transportation improvement, facility designated as a part of the
federal aid highway system, or any toll bridge, including, without
limiting the generality of the foregoing but not limited to, land,
property, rights, franchises, materials, labor and services,
contractors' fees, planning and engineering expenses, financing
costs, legal fees, trustees' or paying agents' fees and interest on
obligations issued under this article.
"Federal grant anticipation note" means any note or other
obligation issued in accordance with 23 U. S. C. §122, as amended,
and pursuant to this article.
"Outstanding note" means a federal grant anticipation note
which that has been issued pursuant to this article and has not
been repaid, but does not include notes which are to be paid from designated moneys or securities which are irrevocably held in trust
solely for such that purpose.
"Surface transportation improvement" means any interstate or
other highway, secondary road, bridge and toll road construction,
reconstruction, improvement or repair as to the construction,
reconstruction, improvement or repair of any interstate or other
highway facility designated as a part of the federal highway
system, or any toll bridge, for which all or a portion of the cost
thereof is to be reimbursed to the state under federal legislation.
On motions of Senators Bailey and Plymale, the following
amendments to Senator Plymale's amendment to the bill (Com. Sub.
for Com. Sub. for S. B. No. 362) were next reported by the Clerk,
considered simultaneously, and adopted:
On page one, section one, line twenty-one, after the word
"chapter" by changing the period to a colon and inserting the
following proviso: Provided, That the provisions and funding
pursuant to article two-d of this chapter shall not apply to, or be
available for, roads in the Appalachian highway development system
as designated by the Appalachian regional commission.;
On page two, section two, line twenty, after the word
"article" by changing the period to a colon and inserting the
following proviso: Provided, That the provisions and funding
pursuant to article two-d of this chapter shall not apply to, or be
available for, roads in the Appalachian highway development system as designated by the Appalachian regional commission.;
And,
On page three, section two, line eleven, after the word
"legislation" by changing the period to a colon and adding the
following proviso: Provided, That the provisions and funding
pursuant to article two-d of this chapter shall not apply to, or be
available for, roads in the Appalachian highway development system
as designated by the Appalachian regional commission.
The question now being on the adoption of Senator Plymale's
amendment to the bill, as amended, the same was put and prevailed.
On motion of Senator Plymale, the following amendment to the
bill (Com. Sub. for Com. Sub. for S. B. No. 362) was next reported
by the Clerk and adopted:
On pages two and three, by striking out the enacting section
and inserting in lieu thereof a new enacting section, to read as
follows:
That chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article two-d; and that sections
one and two, article seventeen-a of said chapter be amended and
reenacted, all to read as follows:.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 362 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: McCabe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 362) passed.
On motion of Senator Plymale, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 362--A Bill
to amend chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new article, designated article two-d; and to amend and reenact
sections one and two, article seventeen-a of said chapter, all
relating to establishment of the public-private transportation act
of two thousand three; setting forth legislative findings and
purposes; defining terms; providing prerequisites for development of a transportation facility; providing for the creation of a
public-private transportation oversight committee and its
membership; setting forth the powers and duties of the committee;
providing for the submission of proposals and approval by the
committee; providing for service contracts; providing for the
dedication of public property; setting forth the powers and duties
of a developer; requiring a comprehensive agreement; providing for
federal, state and local assistance; addressing material default
and remedies; prohibiting governmental entities from pledging full
faith and credit; providing for the exercise of condemnation;
addressing utility crossings; addressing dedication of assets;
providing for an exemption from purchasing rules; qualifying
transportation facilities as public improvements; setting forth a
termination date; addressing construction; construction financing
for surface transportation improvements through federal grant
anticipation notes; and providing that the provisions and funding
pursuant to article two-d, chapter seventeen of said code shall not
apply to or be available for roads in the Appalachian highway
development system as designated by the Appalachian regional
commission.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 372, Allowing state police
to engage in political activities in certain cases.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bowman, Caldwell,
Deem, Dempsey, Edgell, Facemyer, Fanning, Harrison, Helmick,
Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse,
Unger, Weeks, White and Tomblin (Mr. President)--29.
The nays were: Bailey, Boley, Chafin and Guills--4.
Absent: McCabe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 372) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 456, Relating to
construction financing for surface transportation improvements;
federal grants.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Senate Bill No. 477, Relating to transfer of certain fees
to general revenue fund by fire marshal.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's third reading calendar.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 583, Creating
coal resource transportation road system.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Guills, Helmick,
Kessler, Love, Minard, Minear, Plymale, Ross, Sharpe, Snyder,
Sprouse, Weeks and Tomblin (Mr. President)--21.
The nays were: Dempsey, Harrison, Hunter, Jenkins, McKenzie,
Oliverio, Prezioso, Rowe, Smith, Unger and White--11.
Absent: Caldwell and McCabe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 583) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Jenkins, Kessler, Love, McKenzie, Minard, Minear, Plymale,
Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr. President)--27.
The nays were: Hunter, Oliverio, Prezioso, Smith and
White--5.
Absent: Caldwell and McCabe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 583) takes effect from
passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 605, Establishing Community Improvement
Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 605 pass?"
On the passage of the bill, the yeas were: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Jenkins, Kessler, Minard, Oliverio, Plymale, Prezioso,
Ross, Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr.
President)--23.
The nays were: Boley, Guills, Harrison, Hunter, Love,
McKenzie, Minear, Smith, Sprouse and Weeks--10.
Absent: McCabe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 605) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 605--A Bill to amend and reenact article
thirteen-b, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating generally to
community improvement districts and the acquisition and
construction of projects; defining certain terms; authorizing the
creation and empowerment of districts; providing for the
development, construction, acquisition, financing, extension and
improvement of projects; providing for notice of assessment to
owners of real property; authorizing the issuance of assessment
bonds; collection of assessments; providing for assessments and
liens related thereto; creating community improvement boards;
membership; and powers and duties of the board.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 620, Relating to racetrack video lottery
capital reinvestment fund generally.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse,
Unger, White and Tomblin (Mr. President)--29.
The nays were: Guills, Harrison, Smith and Weeks--4.
Absent: McCabe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 620) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 620--A Bill to amend and reenact section
ten-c, article twenty-two-a, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the racetrack video lottery capital reinvestment fund
generally; and specifying that the dollar-for-dollar recoupment
from capital reinvestment fund applies to certain racetrack and
associated facilities located in West Virginia owned by a licensee
on the thirtieth day of June, two thousand one.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2359, Allowing the state
fire marshal to retain all of the special revenue fees collected by
his office.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: McCabe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2359) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2003.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: McCabe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2359) takes effect July 1, 2003.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of
Eng. Senate Bill No. 477, Relating to transfer of certain fees
to general revenue fund by fire marshal.
On third reading, coming up in deferred order, was again
reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 7, Relating to contract for
coach in county school system.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: McCabe--1.
Engrossed Committee Substitute for Senate Bill No. 7 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: McCabe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 7) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 440, Establishing Contractors
Notice and Opportunity to Cure Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: McCabe--1.
Engrossed Committee Substitute for Senate Bill No. 440 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, Harrison, Helmick, Jenkins, Kessler, Love, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: Hunter--1.
Absent: McCabe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 440) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 589, Relating to common interest communities
and condominiums; restrictive covenants.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: McCabe--1.
Engrossed Senate Bill No. 589 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, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: McCabe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 589) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Concurrent Resolution No. 49 (originating in the
Committee on Banking and Insurance)--Requesting the Joint Committee
on Government and Finance study the feasibility of requiring
certain insurance carriers to provide credit counseling and other
services.
Whereas, Many West Virginia citizens suffer the consequences
of having received adverse credit scores; and
Whereas, Many West Virginia citizens have received these
adverse credit scores erroneously; and
Whereas, Some of the consequences suffered by West Virginia
citizens due to policy rerating based on adverse credit scores
include increased premiums for homeowners insurance and motor
vehicle liability insurance; and
Whereas, Other consequences suffered by West Virginia citizens
due to adverse credit scores include denials of coverage for
homeowners and motor vehicle insurance; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of requiring certain insurance
carriers to provide credit counseling and other services; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Joseph M. Minard,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Chafin.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, March 3, 2003, at 11 a.m.
____________