WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2003
FIFTY-SEVENTH DAY
____________
Charleston, W. Va., Wednesday, March 5, 2003
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Warren Gilpin, First
Baptist Church, Hinton, West Virginia.
Pending the reading of the Journal of Tuesday, March 4, 2003,
On motion of Senator Sharpe, 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.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 390, Removing requirement social security
number appear on commercial driver's license.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 450, Creating automated tax
administration system.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page three, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 10C. BENEFITS FUNDED PURCHASING.
§11-10C-1. Legislative finding; short title and purpose.
The Legislature hereby finds that creation, development,
acquisition and maintenance of an automated tax administration
system by the tax division of the department of tax and revenue are
crucial to efficient operation of state government and in the best
interests of the people of West Virginia; that the accuracy,
efficiency and cost effectiveness of an automated tax
administration system will benefit the people of West Virginia
through cost savings, more efficient tax administration and more
uniform and effective application of the tax laws of the state.
This article shall be known as the "Benefits Funded Purchasing
Act" and is hereby established by the Legislature for the purpose
of creating, developing and maintaining an automated tax
administration system by the tax division of the department of tax and revenue.
§11-10C-2. Authorization of benefits funded automated tax
administration system purchasing program; reports; expiration
of authority.
(a) The tax commissioner is hereby authorized to enter into
contracts to finance and acquire an automated tax administration
system and associated computer hardware and software for use in the
registration of taxpayers, processing of remittances and returns
and collection of delinquent taxes and any interest and penalties
thereon and for general tax administration. The tax commissioner
is further authorized to acquire the technical services and related
services necessary to develop, implement and maintain such system
and associated computer hardware and software.
(b) Prior to entering into any contract authorized by this
article, the tax commissioner shall provide to the joint committee
on government and finance a copy of the contract and a report
setting forth a detailed summary of the terms of the contract,
including the estimated amounts of vendor payments and other terms
of financing anticipated under the contract and the date upon which
vendor payments will end under the contract, and a description and
the cost of the technical services and related services the tax
commissioner determines is necessary to develop, implement and
maintain the system and associated hardware or software to be
acquired under the contract.
(c) The authority of the tax commissioner to enter into
contracts to finance and acquire an automated tax administration
system expires the thirtieth day of June, two thousand five. The
expiration of that authority does not affect the authority of the
tax commissioner to enter into contracts to maintain an automated
tax administration system acquired pursuant to this section,
including contracts for the acquisition of associated hardware,
software or services after meeting the requirements of subsection
(b) of this section.
§11-10C-3. Benefits funding.
Notwithstanding any provision of article three, chapter five-a
of this code or any other provision of this code to the contrary,
payment of costs and compensation for the automated tax
administration system, related hardware, software and services may
be computed and paid: (1) On the basis of a percentage of the
increase in the amount of taxes, interest and penalties collected
which is attributable to implementation of the automated tax
administration system, as may be described in detail by contract;
or (2) on a fixed fee contract basis, such fees to be paid from the
increase in the amount of taxes, interest and penalties collected
which is attributable to implementation of the automated tax
administration system, as may be described in detail by contract.
§11-10C-4. Monthly determination of increased revenue attributable
to automated tax administration system; monthly report; deposit of moneys; creation and operation of automated tax
administration system development fund; annual report.
(a) Revenue increment, fund created, operation of fund. --
(1) The tax commissioner shall determine monthly the total
amount of increased revenue attributable to the successful
implementation of the automated tax administration system under
this article and the amount shall be paid into the state treasury
and deposited to the credit of a special fund known as the
"Automated Tax Administration System Development Fund", which is
hereby created. The tax commissioner is authorized to use moneys
deposited in the automated tax administration system development
fund to pay vendors of hardware, software or services, pursuant to
the terms of contracts created in accordance with this article.
All moneys in excess of that required to be paid to the vendors, as
determined by the tax commissioner, shall be transferred to the
general fund: Provided, That all moneys in excess of seven hundred
fifty thousand dollars remaining in the fund at the end of each
fiscal year shall be transferred to the general fund.
(2) The total monthly amount of increased revenue attributable
to the successful implementation of the automated tax
administration system as determined by the tax commissioner and the
basis for the determination shall be reported to the joint
committee on government and finance within ten days following the
determination.
(b) Treatment of local moneys. --
(1) The amount of the local moneys derived from any tax
imposed under this code which is directed or dedicated to local or
municipal subdivisions shall not be deposited in the automated tax
administration system development fund but shall be paid
undiminished, including any increase resulting from implementation
of the automated tax administration system, to the local or
municipal subdivision to which it is directed or dedicated by law.
Local or municipal moneys shall be deposited, as directed by law,
in those funds designated for orderly distribution of revenues to
local or municipal subdivisions.
(2) For purposes of this section, the total amount of
increased revenue attributable to the successful implementation of
an automated tax administration system for purposes of determining
the amount to be deposited in the automated tax administration
system development fund and the amount of any benefits funded
payments to vendors under this article shall be determined after
subtraction of any tax revenues payable to a local or municipal
subdivision under this code.
(c) Reports. -- Prior to the fifteenth day of January of each
year, the tax commissioner shall submit a report to the governor,
the president of the Senate and the speaker of the House of
Delegates. The report shall include detailed information on the
costs and benefits of implementing the automated tax administration system pursuant to this article during the fiscal year immediately
preceding the submission of the report. The report shall be made
until two complete fiscal years have elapsed following payment in
full for the acquisition of the automated tax administration system
by the tax commissioner.
(d) Other contracts and purchases not prohibited or hindered.
-- This article shall not be construed to prohibit or hinder the
tax commissioner from acquiring any goods or services for any tax
division function or program not specifically included in any
contract entered into pursuant to this article.
§11-10C-5. Transfer of funds; repeal of article.
At the end of fiscal year two thousand thirteen, all moneys in
the automated tax administration system development fund shall be
transferred to the general fund and the provisions of this article
are repealed.;
And,
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. 450--A Bill to amend
chapter eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new article,
designated article ten-c, relating to creation, development and
funding of an automated tax administration system; setting forth
legislative findings and purpose; authorizing contracts to finance and acquire automated tax administration system and associated
products and services; requiring reports to joint committee on
government and finance; expiring authority to enter into certain
contracts; specifying methods of payment for system; requiring
determination of increase in the amount of taxes, interest and
penalties collected which is attributable to successful
implementation of the automated tax administration system and
reports; creating special revenue fund and providing amounts to be
deposited into fund; providing purposes for which moneys of the
fund are to be expended; excluding from deposit moneys derived for
local or municipal subdivisions; requiring annual report; and
repeal of article.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 450, as
amended by the House of Delegates, was then 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 elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 450) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3192--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 except for expenses;
establishing a position of executive director of the council;
defining the duties of the council and the executive director;
providing for the nomination of fellows of the academy and their
participation in working groups of the academy; requiring periodic
reports; and providing for confidentiality of trade secrets.
Referred to the Committee on Health and Human Resources.
Executive Communications
The Clerk then presented communications from His Excellency,
the Governor, advising that on March 3, 2003, he had approved Enr.
Senate Bill No. 163, Enr. Senate Bill No. 282 and Enr. House Bill
No. 2763.
The Senate 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 5th day of March, 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. 164), Continuing office of coalfield community
development.
(S. B. No. 166), Continuing oil and gas inspectors' examining
board.
(S. B. No. 414), Authorizing real estate commission to enter
into license reciprocity agreements with other states.
(S. B. No. 415), Continuing environmental quality board.
(S. B. No. 417), Continuing commission for deaf and
hard-of-hearing.
(S. B. No. 461), Updating section of corporation net income
tax act for federal income tax purposes.
(S. B. No. 462), Updating certain terms in personal income tax
act for federal income tax purposes.
(S. B. No. 469), Continuing contractor licensing board.
(S. B. No. 471), Continuing board of pharmacy.
And,
(Com. Sub. for H. B. No. 2359), Allowing the state fire
marshal to retain all of the special revenue fees collected by his
office.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2083, Expanding personnel
covered by job sharing in the school system.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2083) contained in
the preceding report from the Committee on Education was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2357, Authorizing the
aeronautics commissioner to expense funds.
And has amended same.
And,
Eng. House Bill No. 2528, Establishing a flood prevention task
force by law.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 2357 and Eng. H.
B. No. 2528) contained in the preceding report from the Committee
on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2514, Authorizing the board of banking and
financial institutions to prohibit individuals removed from one
financial institution from participating in the affairs of other
financial institutions.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 3, 2003;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2592, Authorizing the
department of administration to promulgate legislative rules.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2592) 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 (Eng. Com. Sub. for H. B. No. 2592) was then read a
second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:
On page ten, section two, after line seventeen, by adding a new subsection, designated subsection (c), to read as follows:
(c) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand two, authorized under the
authority of section two, article four-b, chapter twelve of this
code, relating to the auditor (state auditor's computer and
technology donation program, 155 CSR 5), is authorized.;
On page eleven, section three, line six, after the word
"authorized" by striking out the period and inserting the
following: with the amendment set forth below:
On page two, section nine, by striking out the period and
inserting in lieu thereof a colon and the following: Provided,
That beginning on the first day of July, two thousand three, each
participating public employer shall contribute ten and five-tenths
percent (10.5%) of each compensation payment of all its employees
who are members of the Public Employees Retirement System.;
And,
On page eleven, section three, line fifteen, after the word
"authorized" by striking out the period and inserting the
following: with the amendment set forth below:
On page one, section 2.1, following the words "the Board
shall" by inserting a comma and the words "as part of its initial
review,".
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2592) 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 H. B. No. 2592) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On pages one through three, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 2592--A Bill to amend and
reenact section one, article one, chapter sixty-four of the code of
West Virginia, one thousand nine hundred thirty-one, as amended;
and to amend and reenact article two of said chapter, all 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 legislative rules with
amendments; 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 the department of
administration to promulgate a legislative rule relating to the
general administration of records management and preservation;
authorizing the department of administration to promulgate a
legislative rule relating to records retention and disposal
scheduling; authorizing the department of administration to
promulgate a legislative rule relating to the management of records
maintained by the records center; authorizing the department of
administration to promulgate a legislative rule relating to
technology access for the visually impaired; authorizing the
department of administration to promulgate a legislative rule
relating to parking; authorizing the department of administration
to promulgate a legislative rule relating to qualifications for participation; authorizing the auditor to promulgate a legislative
rule relating to the standards for requisitions for payment issued
by state officers on the auditor; authorizing the auditor to
promulgate a legislative rule relating to the transaction fee and
rate structure; authorizing the auditor to promulgate a legislative
rule relating to the state auditor's computer and technology
donation program; authorizing the consolidated public retirement
board to promulgate a legislative rule relating to the public
employees retirement system; authorizing the consolidated public
retirement board to promulgate a legislative rule relating to
benefit determination and appeal; authorizing the consolidated
public retirement board to promulgate a legislative rule relating
to the teachers defined benefit plan; authorizing the consolidated
public retirement board to promulgate a legislative rule relating
to the West Virginia state police disability determination and
appeal process; authorizing the ethics commission to promulgate a
legislative rule relating to lobbying; and authorizing the division
of personnel to promulgate a legislative rule relating to the
division.
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.
Com. Sub. for H. B. No. 2592) 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 House Bill No. 2615, Authorizing the
department of military affairs and public safety to promulgate
legislative rules.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2615) 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 (Eng. Com. Sub. for H. B. No. 2615) was then read a
second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:
On page three, section one, line one, by striking out "(a)";
And,
On pages three and four, section one, by striking out all of
subsection (b).
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2615) 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 H. B. No. 2615) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 2615--A Bill to amend and
reenact article six, 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; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive or
administrative agencies of the state; 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 the fire commission to
promulgate a legislative rule relating to the state building code;
authorizing the juvenile facilities standards commission to
promulgate a legislative rule relating to minimum standards for the
structure, operation and maintenance of juvenile detention and
correctional facilities; and authorizing the state police to
promulgate a legislative rule relating to the state police career
progression system.
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.
Com. Sub. for H. B. No. 2615) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2669, Hazardous waste management.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 3, 2003;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2733, Increasing funds in
the special revenue accounts for the criminal investigation
division and the special audits division.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2733) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 3037, Mandating that an apprentice fireman
be terminated from employment following three unsuccessful attempts
at passing an apprentice examination.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 3037) contained in the preceding report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 3045, Implementing the Master Tobacco
Settlement Agreement.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 3045) 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 3046, Facilitating
compliance with and enforcement of provisions of the Tobacco Master
Settlement Agreement.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3046) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3068, Empowering public
service districts to enter into agreements for engineering, design
or feasibility studies, without the prior approval of the public
service commission.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator 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 the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3068) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 3108, Making all business entity filing
requirements consistent with the corporation requirements under the
new corporation laws.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator 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 the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 3108) 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.
The Senate proceeded to the sixth order of business.
Senators Sprouse, Weeks, Guills, Caldwell, McKenzie, Fanning,
Rowe, Jenkins, White, Prezioso, McCabe, Minard, Unger, Plymale,
Helmick, Sharpe, Ross, Dempsey, Love, Facemyer, Hunter, Oliverio,
Smith, Harrison, Snyder, Bailey, Tomblin (Mr. President) and Chafin
offered the following resolution:
Senate Concurrent Resolution No. 51--Requesting the Joint
Committee on Government and Finance study the devastating effects
of flooding in southern West Virginia.
Whereas, West Virginia families in the southern part of the
state have been ravaged by repeated flooding; and
Whereas, Some West Virginia residents have lost their lives
due to the flooding and a great number of others have lost their
homes and possessions; and
Whereas, The nearly constant rebuilding of southern West
Virginia communities after flooding has a large impact on the West
Virginia economy; and
Whereas, The Joint Committee on Government and Finance should
study the possible use of bonding to address the cost of any flood mitigation construction; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance to study the devastating effects of flooding
in southern West Virginia; 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.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Chafin, Rowe, Plymale,
Snyder, Prezioso, Kessler, Edgell, Helmick, Bowman, McCabe, Bailey,
Caldwell, Unger, Fanning, Jenkins, Minard, Sharpe, Dempsey, Love,
Deem, Facemyer, Hunter, Oliverio, McKenzie, Smith, Harrison, Weeks,
Boley, Guills, Minear, Sprouse and Ross offered the following
resolution:
Senate Resolution No. 25--Requesting Governor proclaim the
fourth Friday of April, 2003, as "Children's Memorial Day" in West
Virginia.
Whereas, Tragic acts of violence against children are
occurring with increasing frequency throughout the United States
and the State of West Virginia. These senseless acts are
destroying innocent lives and devastating families and communities;
and
Whereas, Too many of West Virginia's children have been lost
in violent, preventable deaths through guns, fire, automobile
accidents, physical violence and suicide; and
Whereas, In celebration of life, diversity and hope for the
future, the citizens of West Virginia condemn acts of violence
committed against our children; and
Whereas, A Children's Memorial Flag has been obtained by the
State of West Virginia and should be flown on the fourth Friday of
April, 2003, in remembrance of young lives lost in senseless
criminal acts of violence; therefore, be it
Resolved by the Senate:
That the Senate hereby requests the Governor to proclaim the
fourth Friday of April, 2003, as "Children's Memorial Day" in West
Virginia; and, be it
Further Resolved, That the Children's Memorial Flag be flown
on the fourth Friday of April, 2003, in remembrance of those young
lives that have been lost in senseless acts of violence; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Governor of West Virginia.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senators Hunter, Minear, Oliverio, Prezioso, McKenzie, Edgell,
Minard, Ross, Sharpe, Kessler, Plymale, Helmick, Bailey, Snyder,
Bowman, McCabe, Caldwell, Unger, White, Fanning, Rowe, Jenkins,
Dempsey, Smith, Sprouse, Facemyer, Deem, Guills, Boley and Tomblin
(Mr. President) offered the following resolution:
Senate Resolution No. 26--
Congratulating the Morgantown High
School football team on winning the 2002 Class AAA championship.
Whereas, The Morgantown High School football team had an
exceptional season which earned it the opportunity to participate
in the 2002 Class AAA championship playoffs; and
Whereas, The Morgantown High School football team won the 2002
Class AAA championship; and
Whereas, The 2002 Class AAA championship win is a perfect
ending to the long and productive career of Head Coach Glen McNew,
who has decided to retire with over 35 years as an educator and
coach; and
Whereas, The coaching staff of Morgantown High School,
consisting of Coach McNew and his assistants, Matt Lacy, Eric
Skolny, John Bowers, Phil Luci, Bryan Tustin, Tom Powers, Bill
Hedrick, Willie Edwards, Ryan Lemley and Jason Kruger, is commended
for its outstanding leadership ability; and
Whereas, The players on the Morgantown High School football
team, including Seth Fogarty, Travis Trickett, Geremy Rodamer,
Chris Drenning, Tyler Kirk, Zack Solly, B. K. Weese, Nick Straface,
Spencer Farley, Nick Miller, Josh Durham, Dan Dalton, Chad Callen,
Zach Cook, David Lytle, Patrick Shadle, David Foy, J. R. Downes,
Doug Hilling, Guy Hornsby, Garrett Camden, Mark Beilein, Britten
Ryan, Doug Fiddler, Suhail Zia, Tony Palmer, Mike Greathouse, Ryan
Walls, Adam Smith, Josh Myers, Richie Wiggins, Adam Dalton, David
Ly, Anthony Giambrone, Josh Hilling, Josh Dalton, Matt Cozort,
Stephen Campbell, Chris Belt, Alan Mancini, Ben Brown, Conner Fox,
Scott Warnick, J. J. Voithoffer, Dempsey Friend, Matt Simpson,
Jordan Soccorsi, Jay Downey, Tim Schifbauer, Darryl Costello, Jack
Davis, Matt Mohler, Keith Honeycutt, Shiloh Turner, Mark Burns,
Matt Masciofi, Brian Schultz, Thomas Crawford, Blake Mattern, Shane
Christopher, Cameron Salley, Mike Richards, Pete Warmen, Ben
Dotson, Dan Walker, Joe Bragg, David Sackett, Anthony Didomenico
and Vita Minutelli, are commended for their outstanding athletic
ability, team spirit and sportsmanship; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Morgantown High
School football team on winning the 2002 Class AAA championship;
and, be it
Further Resolved, That the Senate commends Morgantown High
School Head Coach Glen McNew for his leadership in helping to win the 2002 Class AAA championship in his final year as coach; and, be
it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the coaches and each team member of
the Morgantown High School football team.
At the request of Senator Hunter, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senators Plymale, Jenkins, Rowe, Unger, Kessler, Helmick,
Bowman, Edgell, Bailey, Prezioso, McCabe, Caldwell, White, Fanning,
Sharpe, Ross, Dempsey, Love, Facemyer, Hunter, Oliverio, McKenzie,
Smith, Weeks, Boley, Minear, Sprouse, Minard and Tomblin (Mr.
President) offered the following resolution:
Senate Resolution No. 27--
Designating Wednesday, March 5,
2003, as "Marshall University Day".
Whereas, Marshall University serves as a institution of higher
learning for students of all ages and backgrounds at several campus
locations in West Virginia; and
Whereas, Marshall University provides educational
opportunities including continuing education courses as well as
associate and four-year baccalaureate degree programs. The
graduate college offers nearly 50 programs of study; and
Whereas, Marshall University's Joan C. Edwards School of
Medicine specializes in rural health issues and annually places these graduates in clinical practice in rural West Virginia areas;
and
Whereas, Marshall University serves as a source of pride in
West Virginia through its success in academics and athletics;
therefore, be it
Resolved by the Senate:
That the Senate hereby designates Wednesday, March 5, 2003, as
"Marshall University Day"; and, be it
Further Resolved, That the Senate recognizes Marshall
University for its continued record of providing academic
excellence in West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Dan Angel, President of Marshall
University.
At the request of Senator Jenkins, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senators Plymale, Jenkins, Tomblin (Mr. President), Fanning,
Chafin, Dempsey, Rowe, Helmick, Kessler, Bowman, Edgell, Prezioso,
McCabe, Bailey, Caldwell, Unger, Minard, Sharpe, Ross, Love,
Oliverio, Hunter, McKenzie, Smith, Harrison, Weeks, Boley, Guills,
Minard and Sprouse offered the following resolution:
Senate Resolution No. 28--
Recognizing the heroic efforts of
Nathan Blevins for risking his life to save another.
Whereas, On the night of Monday, February 17, 2003, a Wayne
County resident lost control of her vehicle on Route 75 near Spring
Valley and plunged into the swift waters of Twelvepole Creek in
Wayne County; and
Whereas, The victim, trapped in her car with only an air
pocket allowing her to breathe, cried out for help. As the Wayne
County 911 Center was called by a neighbor, the Randy Blevins
family ran to help; and
Whereas, Nathan Blevins, a student at Spring Valley High
School, jumped into the flooded, icy creek and was able to open the
door of the mostly submerged vehicle. With his father's pocket
knife, he cut the seat belt from the victim, pulled her from the
vehicle and, with his father's help, brought her safely to shore;
therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the heroic efforts of Nathan
Blevins for risking his life to save another; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Nathan Blevins.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Petitions
Senator Jenkins presented a petition from Nancy King and
twenty West Virginia residents, supporting Engrossed Committee
Substitute for Senate Bill No. 56 (Prohibiting certain insurers to
require persons under contract to use mail-order pharmacy) and
House Bill No. 2142 (Prohibiting insurers from requiring persons
covered under a contract to obtain prescription drugs from a
mail-order pharmacy under certain circumstances).
Referred to the Committee on Health and Human Resources.
Senator Rowe presented a petition from Nicole Robinson and
numerous Kanawha County residents, requesting the Legislature to
restore public transit funds and determine a dedicated funding
source to support public transit.
Referred to the Committee on Finance.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 52, (originating in the
Committee on Rules)--
Amending Joint Rule No. 5 of the Joint Rules
of the Senate and House of Delegates relating to bill processing dates.
Resolved by the Legislature of West Virginia:
That Joint Rule No. 5 of the Joint Rules of the Senate and
House of Delegates be amended to read as follows:
Bill Processing
5. (a) In every regular session beginning after the effective
date of this rule, legislation recommended by the Governor or by
executive departments or agencies is requested to be filed in the
respective Clerks' offices and a copy sent to Legislative Services
no later than the tenth day of each regular session of a
Legislature.
(b) No bill or joint resolution shall be considered on third
reading in its house of origin after the fifty-third fiftieth day
unless authorization shall be granted by a concurrent resolution
adopted by a two-thirds vote of the members present of both houses:
Provided, That the budget bill or any salary or supplementary
appropriation bills may be considered at any time.
(c) This rule may be suspended by adopting a concurrent
resolution approved by a two-thirds majority of those present and
voting in each house. A house desiring to suspend this rule may
adopt a concurrent resolution and proceed as if the concurrent
resolution had been adopted in both houses and the rule suspended.
Any bill or joint resolution passed pursuant to such concurrent
resolution may be communicated to the other house with the concurrent resolution or at any time after the concurrent
resolution has been communicated to the other house. The other
house may proceed to consider such bill or joint resolution only
after adopting the concurrent resolution. The provisions of this
rule shall not apply to any extended regular session or to any
extraordinary session.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio
.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had removed from
unfinished business, Senate Concurrent Resolution No. 38; and from
the Senate first reading calendar, Engrossed House Bill No. 2961.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 10, Requesting Joint
Committee on Government and Finance continue study on county and
municipal land-use planning.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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 and request concurrence therein.
Senate Concurrent Resolution No. 32, Requesting Joint
Committee on Government and Finance study Medicaid Waiver Program.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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 and request concurrence therein.
Senate Concurrent Resolution No. 37, Requesting Joint
Committee on Government and Finance study single hunting, fishing
and trapping license.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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 and request concurrence therein.
Senate Concurrent Resolution No. 38, Requesting Joint
Committee on Government and Finance study annexation laws.
Having been removed from unfinished business in earlier
proceedings today, no further action thereon was taken.
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.
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 and request concurrence therein.
Com. Sub. for Senate Concurrent Resolution No. 44, Requesting
Division of Highways name Beckley Harper Road Bridge and
Interchange in honor of Lewis N. McManus, former Speaker of the
House of Delegates.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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 and request concurrence therein.
Senate Concurrent Resolution No. 46, Requesting Joint
Committee on Government and Finance study various rules and
policies of Office of Surface Mining Reclamation and Enforcement.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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 and request concurrence therein.
Senate Concurrent Resolution No. 50, Requesting Joint
Committee on Government and Finance study hospital overtime
policies.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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 and request concurrence therein.
House Concurrent Resolution No. 2, Naming the bridge located
at the Huntington Business and Industrial Park in Huntington,
Cabell County, the "James Vincent Owens Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
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.
House Concurrent Resolution No. 25, Designating November as
"Alzheimer's Awareness Month".
On unfinished business, coming up in regular order, was reported by the Clerk.
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.
House Concurrent Resolution No. 37, Requesting a study of
planning for the safe evacuation from the state capitol complex of
people with disabilities.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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.
House Concurrent Resolution No. 47, Requesting a study on the
powers, duties and functions of the governor's cabinet on children
and families.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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.
House Concurrent Resolution No. 49, Requesting a study on the costs and benefits associated with West Virginia's deer population.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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.
The Senate proceeded to the eighth order of business.
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. 658, Making supplementary appropriation
to department of health and human resources, division of human
services, James "Tiger" Morton Catastrophic Illness Fund.
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, 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 elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 658) 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. S.
B. No. 658) 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. 659, Making supplementary appropriation
to state board of examiners for licensed practical nurses.
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, 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 elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 659) 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. S. B. No. 659) 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. 660, Supplementing, amending, reducing
and increasing items from state road fund to department of
transportation, division of highways.
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, 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 elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 660) 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. S.
B. No. 660) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2094, Regulating the release
of fish, water animals and other aquatic organisms into the waters
of this state.
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, 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 H. B. No. 2094) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2301, Providing funding for
necessary care of animals seized pursuant to allegations of
neglect.
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, 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 H. B. No. 2301) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2500, Clarifying the
authority of the courts to continue protective orders during
certain proceedings.
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, 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 H. B. No. 2500) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2511, Authorizing the
issuance of a special motor vehicle license plate for "Nemesis
Shrine" members.
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,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Unger, Weeks, White and Tomblin (Mr. President)--31.
The nays were: Guills, Minear and Sprouse--3.
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 H. B. No. 2511) 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 House Bill No. 2511--A Bill to amend and
reenact section fourteen, article three, chapter seventeen-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, relating to original and renewal of registration plates;
authorizing the issuance of special motor vehicle license plates
for members of the nemesis shrine, volunteers and employees of the
American red cross, individuals who have received the combat
infantry badge or combat medic badge, members of the knights of
Columbus, former members of the Legislature, democratic state or
county executive committee members, female veterans, West Liberty
state college, harley owners and military retirees; prescribing
fees; providing that special registration plates may only be issued
to those nonprofit charitable and educational organizations
authorized by prior law; prohibiting the commissioner of motor vehicles from approving or authorizing additional nonprofit
charitable and educational organizations to design or market
special registration plates; eliminating the requirement that a
certified firefighter produce annual evidence of certification;
requiring the West Virginia university fire service extension to
notify the division of motor vehicles when a firefighter loses his
or her certification; making technical corrections; removing the
restriction on the number of plates a volunteer firefighter may
obtain and increasing the cost of those plates; prohibiting the
division of motor vehicles from beginning the design or production
of any license plate based on membership or affiliation with a
private organization until a minimum number of persons have applied
and paid for the plate; and procedure where minimum number not met
by private organization.
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. 2512, Relating to
competitive bidding and notice requirements for the development of
natural resources in which the public land corporation has an
interest.
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, 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 H. B. No. 2512) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub for House Bill No. 2512--A Bill to amend and
reenact sections three, five and six, article one-a, chapter twenty
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, all relating to establishing a special public land
corporation; requirements for leasing minerals; consulting the
office of the attorney general; contracting for consulting
services; and accounting for revenues.
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. 2556, Requiring the
insurance commissioner to issue an annual communication to increase awareness of certain flood insurance issues.
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, 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 H. B. No. 2556) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2696, Removing certain limitations on the
commissioner of agriculture to increase fees of certain services.
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, 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. H.
B. No. 2696) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2868, Allowing alcohol
beverage control commissioner to enter into contracts for sale and
promotion of certain proprietary scanner technology.
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, 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 H. B. No. 2868) 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. Com. Sub. for House Bill No. 2868--A Bill to amend
article two, chapter sixty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new section, designated section twenty-two, relating generally to
powers of alcohol beverage control commissioner; authorizing
scanner technology for verification of purchasers' ages; providing
limitations on uses of collected information; allowing commissioner
to enter into contracts for sale and promotion of certain
proprietary scanner technology; defining the term "scanner
technology"; creating a new special revenue account; and providing
for expenditure of funds.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2870, Specifying the jurisdiction of the
PSC over, and the application of public utility laws to, certain
described electric generating facilities.
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, 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. H.
B. No. 2870) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2891, Repealing the requirement that the
tax commissioner annually report the amount of gasoline and special
fuel tax collected in each county.
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, 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: Harrison--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2891) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2965, Authorizing the
division of corrections and the state fire marshal to retire,
transfer or dispose of canines used within these departments.
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, 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 H. B. No. 2965) 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.
Com. Sub. for H. B. No. 2965) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence in the changed
effective date.
Eng. Com. Sub. for House Bill No. 3014, Relating generally to
"Main Street Fairness Act of 2003".
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending extended discussion,
Senator Sharpe moved the previous question, which motion
prevailed.
The previous question having been ordered, that being on the
passage of Engrossed Committee Substitute for House Bill No. 3014.
On the passage of the bill, the yeas were: Bailey, Bowman,
Caldwell, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross,
Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--23.
The nays were: Boley, Chafin, Deem, Facemyer, Guills,
Harrison, McKenzie, Minear, Smith, Sprouse and Weeks--11.
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 H. B. No. 3014) 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 House Bill No. 3014--A Bill to amend and
reenact sections one-a, two, three, four, four-a, four-b, five,
six, eight, nine-f, thirteen, fourteen, sixteen, thirty-one and
thirty-three, article fifteen, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact sections one, one-a, two, three, three-a, four,
five, six, seven, eight, nine, ten, ten-a, eleven, eighteen,
twenty-one, twenty-two, twenty-seven and twenty-nine, article
fifteen-a of said chapter; to amend and reenact sections one, two,
three and five, article fifteen-b of said chapter; and to further
amend said article by adding thereto twenty-one new sections,
designated sections two-a, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-one, twenty-two,
twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven,
twenty-eight, twenty-nine, thirty, thirty-one and thirty-two, all
relating generally to "Main Street Fairness Act of 2003"; amending
consumers sales and service and use tax laws to conform to
requirements of streamlined sales and use tax agreement;
incorporating in this state's sales and use tax laws certain
substantive provisions of agreement pertaining to definitions,
administration, collection and enforcement of sales and use taxes;
renaming simplified sales and use tax administration act as
streamlined sales and use tax administration act; authorizing tax
commissioner to sign agreement; specifying effective dates;
deleting obsolete language; and making other technical changes.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Ross, and by unanimous
consent, the remarks by Senator Helmick as to the passage of
Engrossed Committee Substitute for House Bill No. 3014 were ordered
printed in the Appendix to the Journal.
Eng. House Bill No. 3019, Finding and declaring certain claims
against the state and its agencies to be moral obligations of the
state.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Prior to the call of the roll, Senator Sharpe moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
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,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: None.
Excused from voting: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3019) 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,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: None.
Excused from voting: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3019) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2603, Authorizing the
department of environmental protection to promulgate legislative
rules.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2603) 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 (Eng. Com. Sub. for H. B. No. 2603) was then read a
second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:
On page five, section one, line seven, after the word
"authorized" by striking out the period and inserting the
following: with the following amendment:
On page thirty-four, subsection 54.6, in the first sentence
after the words "starting in" by inserting the word "2005 or" and
after the word "2006," by inserting the words "if the Secretary
determines the Administrator is utilizing this later date for purposes of implementation under 40 CFR Part 96 or 40 CFR Part 52
in any state with a compliance date of May 31, 2004,";
And,
On page six, section one, line thirty-six, after the word
"authorized" by striking out the period and inserting the
following: with the following amendment:
On page thirty-two, subsection 54.6, in the first sentence
after the words "starting in" by inserting the word "2005 or" and
after the word "2006," by inserting the words "if the Secretary
determines the Administrator has approved or promulgated this later
date for purposes of implementation under 40 CFR Part 96 or 40 CFR
Part 52 in any state with a compliance date of May 31, 2004,".
The bill, as amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2603) 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 H. B. No. 2603) 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.
Com. Sub. for H. B. No. 2603) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate recessed until 5:30
p.m. today.