Upon expiration of the recess, the Senate reconvened.
The hour of 7 p.m. having arrived, that being the time set for
the joint assembly to hear the address of His Excellency, the
Governor, the Senate recessed until ten minutes after the
adjournment of the joint assembly. Members of the Senate then
repaired in a body to the hall of the House of Delegates.
***
(NOTE: For formal procedure in the joint assembly and the
address of His Excellency, the Governor, the Honorable Bob Wise,
see the Journal of the House of Delegates for this day.)
__________
Night Session
The joint assembly having been dissolved, the Senate returned
to its chamber and resumed business under the sixth order.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Weeks, Deem, Guills, Smith and Dempsey:
Senate Bill No. 48--A Bill to amend and reenact §16-2F-3 of
the code of West Virginia, 1931, as amended, relating to requiring
a physician to receive written consent from at least one parent or
legal guardian before an abortion is performed on an unemancipated
minor.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Rowe, Hunter, Fanning and Snyder:
Senate Bill No. 49--A Bill to amend and reenact §7-1-3v of the
code of West Virginia, 1931, as amended, relating to allowing
counties adopting a flood plain ordinance to designate a flood
plain enforcement agency.
Referred to the Committee on Government Organization.
By Senators Edgell, Kessler, Deem, Love, Ross, Rowe, Minard,
Sharpe, Hunter and Fanning:
Senate Bill No. 50--A Bill to amend and reenact §17-24-7 of
the code of West Virginia, 1931, as amended, relating to providing
a limitation of liability for remediation costs for certain owners
of real property where waste tires existed when the owners were not
responsible for the accumulation of the waste tires on the
property.
Referred to the Committee on the Judiciary.
By Senator Boley:
Senate Bill No. 51--A Bill to amend and reenact §11-1C-9 of
the code of West Virginia, 1931, as amended, relating to changing
the time for periodic valuations and assessments of real and
personal property; and providing for a three-percent cap on any
increase in one year.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Hunter, Ross, Chafin, Minard and
Caldwell:
Senate Bill No. 52--A Bill to amend and reenact §17A-3-15 of
the code of West Virginia, 1931, as amended, relating to
registration plates for motorcycles; allowing for plates to be
fastened in vertical position; and requiring the commissioner of
the division of motor vehicles to offer owners of motorcycles the
choice of registration plates for vertical or horizontal
positioning.
Referred to the Committee on Transportation.
By Senators Chafin, Weeks, Caldwell, Smith and Minard:
Senate Bill No. 53--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§9-5-20, relating to providing for a pilot project intended to
divert low-income residents from early institutionalization in
nursing homes by providing personal home care in their communities.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Chafin and Caldwell:
Senate Bill No. 54--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated §7-7-5, relating to providing that the position of prosecuting
attorney in Mingo County is a part-time position.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Chafin, Caldwell, Minard, Ross, Dempsey, Sharpe,
Hunter, White, Rowe, Fanning and Unger:
Senate Bill No. 55--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§18-7A-26t, relating to increasing supplemental benefits to certain
teacher retirement annuitants.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Bailey:
Senate Bill No. 56--A Bill to amend and reenact §25-1-11d of
the code of West Virginia, 1931, as amended, relating to
correctional employees; and allowing correctional officers to be
paid for any unused annual leave that exceeds the amount that may
be carried over from one year to the next.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 57--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§37-6-31, relating to making the destruction of a landlord's property which has been rented for residential purposes a criminal
offense; providing that damage greater than three hundred dollars
but less than one thousand dollars constitutes a misdemeanor;
providing that damage greater than one thousand dollars constitutes
a felony; providing that tenants who leave trash when vacating a
premises may be guilty of a misdemeanor if it costs more than one
hundred dollars to remove it; providing that damage deposits be
used to offset ascertainment of value of damage; providing for the
determination of prima facie evidence under certain circumstances;
providing that tenants or others in privity of contract with
landlords or lessors have a duty to report damage not caused by
themselves; and providing a criminal penalty for failure to report
the damage under certain circumstances.
Referred to the Committee on the Judiciary.
By Senators White and Hunter:
Senate Bill No. 58--A Bill to amend and reenact §25-5-1,
§25-5-2, §25-5-4, §25-5-5, §25-5-8, §25-5-11, §25-5-12, §25-5-15,
§25-5-19 and §25-5-20 of the code of West Virginia, 1931, as
amended, all relating to commercial prisons; setting forth
legislative findings; requiring commissioner of corrections to
develop certain plans; requiring the commissioner to annually make
recommendations on whether to continue prison vendors' contracts;
providing that the secretary of the department of military affairs and public safety may renew prison vendor contracts annually;
providing for certain restrictions concerning offender
characteristics relative to the kinds of offenders that may be
incarcerated in commercial facilities; reducing the amount of time
that a contractor has to abate a violation; prescribing the number
of commissioner's representatives that may be employed at each
commercial facility for monitoring purposes; increasing bonding
requirements for contractors; requiring background checks for
employees at commercial facilities; and requiring contractors to be
responsible for certain costs.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator White:
Senate Bill No. 59--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§16-5B-4a, relating to requiring hospitals to implement a plan to
eliminate or substantially reduce medication-related errors.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Ross, Facemyer, Smith and Love:
Senate Bill No. 60--A Bill to repeal §22B-3-4 of the code of
West Virginia, 1931, as amended; to amend and reenact §22B-3-2 of
said code; and to amend said code by adding thereto a new article, designated §22C-13-1, §22C-13-2, §22C-13-3 and §22C-13-4, all
relating to the transfer of water quality standard rule-making
authority from the environmental quality board to the water quality
board.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 61--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§18A-2-14, relating to the term of contract for a person hired as
a coach in the county school system.
Referred to the Committee on Education.
By Senator Hunter:
Senate Bill No. 62--A Bill to amend and reenact §50-6-1 of the
code of West Virginia, 1931, as amended, relating to civil
judgments in magistrate court; and requiring notice of judgment by
regular mail.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 63--A Bill to amend and reenact §19-1B-6 of
the code of West Virginia, 1931, as amended, relating to timbering
operations and notification of duration of these operations; and
providing verification of notice to adjoining landowners by certified mail.
Referred to the Committee on Natural Resources.
By Senator Bailey:
Senate Bill No. 64--A Bill to amend and reenact §18A-5-2 of
the code of West Virginia, 1931, as amended, relating to closing
schools for the observance of Good Friday.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Hunter, Caldwell and Minear:
Senate Bill No. 65--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-21-10b; and to amend said code by adding thereto a new section,
designated §11-24-9d, all relating to allowing a credit against
corporate and personal income tax for employers who provide child
day care services for their employees.
Referred to the Committee on Finance.
By Senator Ross:
Senate Bill No. 66--A Bill to amend and reenact §17B-2-7a of
the code of West Virginia, 1931, as amended, relating to the
driver's licensing advisory board; and limiting civil and criminal
liability of board members while acting within their official
advisory capacity.
Referred to the Committee on the Judiciary.
By Senator Tomblin (Mr. President):
Senate Bill No. 67--A Bill to amend and reenact §4-2-5 of the
code of West Virginia, 1931, as amended, relating to requiring the
head of an agency, department or board to submit a statement of
compliance to the legislative auditor within six months of a fiscal
or performance audit by the office of the legislative auditor to
certify that the agency, department or board is making a
reasonable, good faith effort to implement the recommendations set
forth in the legislative audit; and failure to comply constitutes
malfeasance of office.
Referred to the Committee on the Judiciary.
By Senator Love:
Senate Bill No. 68--A Bill to amend and reenact §17-16A-18 of
the code of West Virginia, 1931, as amended, relating to providing
a reduced toll for motorcycles using the West Virginia turnpike.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 69--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-21-10b, relating to providing a nonrefundable earned income tax
credit from the state personal income tax.
Referred to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 70--A Bill to amend and reenact §3-1-8 of the
code of West Virginia, 1931, as amended, relating to elections and
nominating procedures.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 71--A Bill to amend and reenact §21-1B-1,
§21-1B-2 and §21-1B-3 of the code of West Virginia, 1931, as
amended, all relating to reporting of unauthorized workers employed
in West Virginia; and defining "unauthorized workers".
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Ross, Sharpe and Unger:
Senate Bill No. 72--A Bill to amend and reenact §30-27-4 of
the code of West Virginia, 1931, as amended, relating to renewal of
licenses of barbers, beauticians and manicurists; reinstatement of
inactive licenses; and providing that continuing education is not
a requirement for renewal of a license for barbers, beauticians or
manicurists.
Referred to the Committee on Health and Human Resources.
By Senator Ross:
Senate Bill No. 73--A Bill to amend and reenact §17D-2A-7 of
the code of West Virginia, 1931, as amended, relating to allowing holders of suspended commercial driver's licenses to continue
operating a commercial motor vehicle under certain specific,
limited circumstances.
Referred to the Committee on Transportation.
By Senators White, Rowe and Caldwell:
Senate Bill No. 74--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new chapter, designated
§17F-1-1, §17F-1-2, §17F-1-3, §17F-2-1, §17F-2-2 and §17F-2-3, all
relating to racial profiling data collection; defining "minority
group"; and requiring attorney general to conduct analysis of
traffic stops and provide an annual report.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator White:
Senate Bill No. 75--A Bill to amend and reenact §20-2-44b of
the code of West Virginia, 1931, as amended, relating to increasing
the cost of a bear damage stamp from four to ten dollars; expanding
the purposes for which the proceeds from a bear damage stamp may be
used; and requiring that bear damage stamp be purchased prior to
bear archery and firearms hunting seasons until the first day of
July, two thousand six.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Bailey:
Senate Bill No. 76--A Bill to amend and reenact §11-15-11 of
the code of West Virginia, 1931, as amended, relating to exempting
veterans' organizations from the state sales tax.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 77--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§29-6-28, relating to dissolving the division of personnel and the
civil service system; and providing that the various agencies,
divisions and departments of government are responsible for their
own personnel matters.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Weeks and Smith:
Senate Bill No. 78--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§16-19-3a, relating to prohibiting the use of the body of an unborn
baby for any medical experimentation or scientific investigation
except as necessary to diagnose a disease or condition suspected to
exist in the mother's or fetus' body; and prescribing criminal
penalties for violation of the section.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Rowe, Caldwell and White:
Senate Bill No. 79--A Bill to amend and reenact §61-8-14 of
the code of West Virginia, 1931, as amended, relating to increasing
criminal penalties for intentional cemetery damage; providing that
each mausoleum, burial site within a mausoleum, grave, gravestone
or other gravemarker or other designated human burial site
desecrated constitutes a separate offense; and providing for a
felony offense for persons who intentionally desecrate four or more
mausoleums, graves, gravestones or gravemarkers or designated
burial sites, including any combination thereof, during any
continuous sequence of acts of desecration.
Referred to the Committee on the Judiciary.
By Senators Rowe, McCabe, Harrison, Sprouse, Caldwell, Sharpe,
Ross and Dempsey:
Senate Bill No. 80--A Bill to amend and reenact §18-13-1 of
the code of West Virginia, 1931, as amended, relating to changing
the name of West Virginia state college to West Virginia state
university.
Referred to the Committee on Education.
By Senators Rowe and Caldwell:
Senate Bill No. 81--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated §56-4-72, relating to creating a notice legal action for injury and
contract claims to toll limitation periods for one hundred eighty
days without the necessity of naming defendants responsible for
alleged damages.
Referred to the Committee on the Judiciary.
By Senators Rowe, Caldwell, White and Hunter:
Senate Bill No. 82--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§5B-2-12b, relating to creating the heritage preservation and
tourism development fund; and providing that the fund is used by
the division of tourism to promote various industrial and tourism
projects in the state.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Rowe, Caldwell, Hunter, Fanning and Minear:
Senate Bill No. 83--A Bill to amend and reenact §7-1-3v of the
code of West Virginia, 1931, as amended, relating to county
commissions generally; and clarifying that county commissions may
make affordable flood insurance available to property owners by
setting different building restrictions in different levels of a
flood plain.
Referred to the Committee on Government Organization.
By Senator Ross:
Senate Bill No. 84--A Bill to amend and reenact §18-9D-3,
§18-9D-15 and §18-9D-16 of the code of West Virginia, 1931, as
amended, all relating to the distribution of moneys by the school
building authority; providing that county school boards may spend
authority moneys on any school that has been included in an
approved comprehensive educational facilities plan; providing that
no one criterion, especially the economies of scale, may dominate
other statutory criteria when decisions are made to award grant
moneys; and requiring the school building authority to undergo
legislative rule-making review and have its guidelines approved as
legislative rules.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Bailey:
Senate Bill No. 85--A Bill to amend and reenact §17-2A-8 of
the code of West Virginia, 1931, as amended, relating to requiring
legislative approval before a road, highway or bridge may receive
a scenic or memorial designation.
Referred to the Committee on Transportation.
By Senator Minear:
Senate Bill No. 86--A Bill to amend and reenact §61-3-39g of
the code of West Virginia, 1931, as amended, relating to providing
that when a person from another state writes a worthless check in this state which results in a summons to appear in magistrate court
but then fails to appear, he or she shall have his or her privilege
to drive in this state revoked; and providing that the division of
motor vehicles provide a copy of the revocation to the state
wherein the person holds a driver's license.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Ross:
Senate Bill No. 87--A Bill to repeal §17C-1-11 of the code of
West Virginia, 1931, as amended; to repeal §17C-6-4 said code; to
repeal §17C-8-6, §17C-8-7 and §17C-8-8 of said code; to repeal
§17C-9-4 and §17C-9-5 of said code; to repeal §17C-14-5 of said
code; to amend and reenact §17C-1-2, §17C-1-3, §17C-1-5, §17C-1-5a,
§17C-1-8, §17C-1-13, §17C-1-30, §17C-1-33, §17C-1-37, §17C-1-40,
§17C-1-42, §17C-1-43, §17C-1-44, §17C-1-47, §17C-1-48, §17C-1-50,
§17C-1-51, §17C-1-53 and §17C-1-54 of said code; to amend said code
by adding thereto fifteen new sections, designated §17C-1-53a,
§17C-1-65, §17C-1-66, §17C-1-67, §17C-1-68, §17C-1-69, §17C-1-70,
§17C-1-71, §17C-1-72, §17C-1-73, §17C-1-74, §17C-1-75, §17C-1-76,
§17C-1-77 and §17C-1-78; to amend and reenact §17C-2-3, §17C-2-5
and §17C-2-8 of said code; to amend and reenact §17C-3-1, §17C-3-2,
§17C-3-4, §17C-3-4b, §17C-3-5, §17C-3-6, §17C-3-7, §17C-3-8 and
§17C-3-9 of said code; to amend and reenact §17C-4-14 of said code; to amend and reenact §17C-6-1, §17C-6-2, §17C-6-3, §17C-6-3a,
§17C-6-5, §17C-6-6, §17C-6-7, §17C-6-8 and §17C-6-9 of said code;
to amend said code by adding thereto a new section, designated
§17C-6-5a; to amend and reenact §17C-7-1, §17C-7-3, §17C-7-4,
§17C-7-5, §17C-7-6, §17C-7-7, §17C-7-8, §17C-7-9, §17C-7-10,
§17C-7-11 and §17C-7-13 of said code; to amend and reenact
§17C-8-1, §17C-8-2, §17C-8-3, §17C-8-4 and §17C-8-5 of said code;
to amend and reenact §17C-9-1, §17C-9-2 and §17C-9-3 of said code;
to amend and reenact §17C-10-2, §17C-10-3, §17C-10-4, §17C-10-6 and
§17C-10-8 of said code; to amend said code by adding thereto two
new sections, designated §17C-10-2a and §17C-10-9; to amend and
reenact §17C-11-1, §17C-11-2, §17C-11-3, §17C-11-4, §17C-11-5 and
§17C-11-6 of said code; to amend said code by adding thereto eight
new sections, designated §17C-11-8, §17C-11-9, §17C-11-10,
§17C-11-11, §17C-11-12, §17C-11-13, §17C-11-14 and §17C-11-15; to
amend and reenact §17C-12-1, §17C-12-2, §17C-12-4, §17C-12-5,
§17C-12-6 and §17C-12-8 of said code; to amend and reenact
§17C-13-1, §17C-13-2, §17C-13-3 and §17C-13-4 of said code; to
amend and reenact §17C-14-1, §17C-14-2, §17C-14-4, §17C-14-7,
§17C-14-8, §17C-14-9 and §17C-14-10 of said code; and to amend said
code by adding thereto eight new sections, designated §17C-14-14a,
§17C-14-15, §17C-14-16, §17C-14-17, §17C-14-18, §17C-14-19,
§17C-14-20 and §17C-14-21, all relating to updating code language to conform with current usage and with the uniform vehicle code;
defining terms; specifying who may assume command at an accident
scene; adopting a specific manual for uniform system; requiring
adoption of manual for uniform system of traffic control; defining
certain signal indications for both drivers and pedestrians;
prohibiting commercial advertising on any traffic-control device;
repealing speed limits on vehicles not designed for carrying
passengers; adding speed limits in certain instances; adding
additional terms as to devices that may be used as evidence;
prohibiting specific types of races; eliminating the audible signal
requirement when passing; redefining when passing is permissible;
permitting special officers of the division of highways on official
weighing crews to carry firearms; providing training requirements;
prohibiting following too closely in certain instances; redefining
who is prohibited on controlled-access highways; clarifying
turning, starting and signaling in stopping and turning instances;
redefining various types of rights-of-way and the duties to yield
thereunder; clarifying pedestrians' rights and duties; prohibiting
pedestrians who are under the influence of drugs or alcohol from
being on a portion of a highway if their actions create a hazard
for drivers; prohibiting standing on a highway for soliciting
employment, business or contributions; redefining certain
provisions relating to bicycle riders; limiting backing upon a controlled-access highway shoulder or roadway; prohibiting driving
on a sidewalk; prohibiting opening door unless safe to do so;
prohibiting riding in house trailers; limiting snowmobile operation
on controlled-access highways and certain other conditions;
requiring eye protection in certain instances if no windshield;
enumerating rights and duties of wheelchair operators; and making
technical revisions.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 88--A Bill to amend and reenact §5-10-22 of
the code of West Virginia, 1931, as amended, relating to public
employees retirement generally; and increasing the multiplier from
two percent to two and one-quarter percent.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Bowman, Weeks and McKenzie:
Senate Bill No. 89--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§22-15-23, relating to water treatment plant sludge generally; and
requiring promulgation of emergency and legislative rules to
encourage beneficial use of water treatment plant sludge.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 90--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§17C-24-1 and §17C-24-2, all 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 sixteen
from operating all-terrain vehicles with motors of two hundred
fifty cubic centimeters or greater; prohibiting passengers on
all-terrain vehicles unless a vehicle is made to accommodate
additional passengers pursuant to manufacturer's recommendations;
prohibiting all-terrain vehicles from operating on state roads or
highways with certain exceptions; and providing penalties for
violations.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senator Oliverio:
Senate Bill No. 91--A Bill to amend and reenact §17C-15-43 and
§17C-15-49 of the code of West Virginia, 1931, as amended, all
relating to motor vehicle passenger safety seat belts; requiring
all new and used automobiles be equipped with safety seat belts for
all seating locations; and making offense of failure to wear a
safety belt a primary offense.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 92--A Bill to amend and reenact §18-5-18b of
the code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §18A-4-2b, all relating
to public school counselors; making legislative findings with
respect to the importance of counseling for providing a thorough
and efficient education for all students; redefining school
counseling and instituting annual professional development for
school counselors; establishing the duties of counselors; providing
that no more than one fourth of their work time may be dedicated to
administrative duties; limiting recommended number of students per
counselor by the school year two thousand ten; providing for
supplement for certain additional students; providing that certain
school counselors are to be paid a supplement; providing for
reimbursement for expenses in attaining certification; and
requiring state board rule conform to national standards for
counseling programs to the extent practicable and certain other
provisions, including minimum standards for supervision of
counselors and minimum required annual staff development related to
school counseling.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Prezioso, Oliverio, Minear, Smith, Edgell, McCabe,
Fanning, Rowe, Caldwell, Chafin, Jenkins, Minard, Sharpe, Ross,
Dempsey, Love, Facemyer and Hunter:
Senate Bill No. 93--A Bill to amend and reenact §18-2-34 of
the code of West Virginia, 1931, as amended, relating to providing
high school diplomas to veterans who left school prior to high
school graduation due to service in the military.
Referred to the Committee on Military; and then to the
Committee on Education.
By Senators Love, Dempsey, Facemyer, Rowe and Minard:
Senate Bill No. 94--A Bill to amend and reenact §15-2-7 of the
code of West Virginia, 1931, as amended, relating to providing a
salary increase for civilian employees of the state police.
Referred to the Committee on Finance.
By Senators Jenkins and Minear:
Senate Bill No. 95--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§5B-2E-1, §5B-2E-2, §5B-2E-3, §5B-2E-4, §5B-2E-5 and §5B-2E-6, all
relating to requiring a jobs impact statement for certain proposed
legislation.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Chafin and Helmick:
Senate Bill No. 96--A Bill to amend and reenact §3-8-12 of the
code of West Virginia, 1931, as amended, relating to increasing
from one thousand dollars to four thousand dollars the amount an
individual may contribute in connection with any campaign for
nomination or election.
Referred to the Committee on the Judiciary.
By Senators Fanning and Rowe:
Senate Bill No. 97--A Bill to amend and reenact §5-10-22f of
the code of West Virginia, 1931, as amended; and to amend and
reenact §18-7A-26r of said code, all relating to the public
employees retirement act and the state teachers retirement system;
and including disability retirees within the eligibility rules for
minimum retirement benefits under the public employees and the
state teachers retirement systems.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Edgell and Rowe:
Senate Bill No. 98--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§46A-2-140, relating to prohibiting engaging in the business of
brokering cash advances or loans using checks or account debits for
security for loan or cash advances made for personal, family or household purposes.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Boley:
Senate Bill No. 99--A Bill to amend and reenact §18-22D-1,
§18-22D-2, §18-22D-3, §18-22D-4, §18-22D-5, §18-22D-6, §18-22D-7,
§18-22D-8 and §18-22D-9 of the code of West Virginia, 1931, as
amended, all relating to establishing the "West Virginia Dollars
for Scholars Program"; providing low-cost loans to high school
students with at least a "C" average who are attending an approved
college or university in this state; and providing for forgiveness
of loan when continuing West Virginia residency after graduation.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Rowe, Caldwell, White and Hunter:
Senate Bill No. 100--A Bill to amend and reenact §5A-3-10a of
the code of West Virginia, 1931, as amended, relating to
prohibiting the state and its political subdivisions from
contracting with vendors owing a debt to the state or its political
subdivisions.
Referred to the Committee on Government Organization.
By Senator Rowe:
Senate Bill No. 101--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §41-5-1a, relating to providing record notice of a
person's death by filing a death certificate and will, if any, with
the clerk of the county commission without commencing the probate
of the estate.
Referred to the Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 102--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-20B-8a, relating to establishing the medical
malpractice insurance excess premium rebate act of two thousand
four.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Rowe, Caldwell and Jenkins:
Senate Bill No. 103--A Bill to amend and reenact §16-9A-4 of
the code of West Virginia, 1931, as amended, relating to creating
the "Tobacco Free School Act"; prohibiting possession and use of
tobacco products in all school buildings and grounds; eliminating
exemption from tobacco restrictions for areas not used for
instructional purposes; increasing penalties for violations;
authorizing state board of education to further restrict tobacco
use; and permitting law-enforcement officers to issue warnings in lieu of citations for violations.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Rowe, Caldwell, Hunter and McCabe:
Senate Bill No. 104--A Bill to amend and reenact §11-1C-4 of
the code of West Virginia, 1931, as amended, relating to
authorizing county commissions to disallow a valuation of real
property to increase by more than ten percent in a year unless good
cause is shown of a compelling nature to allow such an increase.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Rowe:
Senate Bill No. 105--A Bill to amend and reenact §3-9-8 of the
code of West Virginia, 1931, as amended, relating to creating the
"Secret Ballot Protection Act of 2004"; setting forth certain
requirements to ensure the integrity of the voting process; and
misdemeanor criminal offenses and penalties.
Referred to the Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 106--A Bill to amend and reenact §61-3-30 of
the code of West Virginia, 1931, as amended, relating to making
multiple acts of vandalism a felony when the total damage exceeds
five thousand dollars; and specifying criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Weeks and Smith:
Senate Bill No. 107--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-5-20a, relating to requiring the collection of
statistics relative to abortions performed in the state.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 108--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §9-4E-1 and §9-4E-2, all relating to exempting certain
physicians from obtaining preauthorization before dispensing
psychotropic medications to mentally ill medicaid recipient
patients in order to avoid catastrophic results from inadequate and
untimely treatment; and providing findings by the Legislature.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Love, Rowe and McCabe:
Senate Bill No. 109--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-7-4a, relating to state agencies making timely
payments on invoices for telephone services; requiring that late checks include interest; specifying when an invoice is determined
to be received; and specifying which agency is responsible for the
payment of interest.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 110--A Bill to amend and reenact §24A-1-3 of
the code of West Virginia, 1931, as amended, relating to motor
carriers; and providing certain exemptions for wrecker services.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senator White:
Senate Bill No. 111--A Bill to establish the central West
Virginia highlands highway authority to include representatives
from Braxton, Nicholas, Webster, Randolph and Pocahontas counties;
appointment of officers; and powers of authority.
Referred to the Committee on Government Organization.
By Senator Bailey:
Senate Bill No. 112--A Bill to amend and reenact §29-3-12 of
the code of West Virginia, 1931, as amended, relating to
prohibiting a municipality from closing a fire department without
advance approval of the state fire marshal; and providing that the
office of the state fire marshal retain the proceeds from the sale of specialized vehicles purchased by that office.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Rowe:
Senate Bill No. 113--A Bill to amend and reenact §8-25-10 of
the code of West Virginia, 1931, as amended, relating to
cooperation and collaboration between regional councils and
agencies of government in planning and development; enhancing
planning and development along highway corridors within the state;
and allowing regional councils to share staff with other regional
councils or agencies of government pursuant to mutual agreement in
order to collaborate with one another and to coordinate activities
to enhance and coordinate planning and development in regions of
the state and along highway corridors of the state.
Referred to the Committee on Government Organization.
By Senator Rowe:
Senate Bill No. 114--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9h; to amend and reenact §11-16-13 of said code;
to amend and reenact §11-17-3 of said code; to amend and reenact
§11-19-2 of said code; to amend and reenact §60-3A-17 of said code;
and to amend and reenact §60-8-4 of said code, all relating to
enacting the "Tax Free Family Meal Act of 2004"; eliminating the sales tax on packaged food and fresh-grown food sold for human
consumption off the premises where sold; making the elimination of
grocery tax revenue neutral by increasing other taxes on certain
products; increasing the tax on beer to twelve percent of the
wholesale price; establishing a container tax on containers of
nonintoxicating beer; exempting the beer tax on beer consumed or
sold at retail at the premises of a brewpub; increasing the excise
tax on cigarettes sold by the pack to twenty-eight percent of the
wholesale price; increasing the wholesale tax rate on other tobacco
products to twenty-eight percent of the wholesale price; creating
a wholesale tax on soft drinks tax for liquids, syrups and dry
mixtures at the rate of ten percent of the wholesale price;
providing for a wholesale markup of liquor prices in order to
produce the general revenue fund at least nineteen million, nine
hundred fifty thousand dollars; setting the rate of the liter tax
on wine at ten percent of the wholesale price; and providing for
the tax commissioner to promulgate rules for the implementation of
the articles of the act.
Referred to the Committee on Finance.
By Senator Fanning:
Senate Bill No. 115--A Bill to amend and reenact §5-16-7 of
the code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §33-15-4i; to amend said code by adding thereto a new section, designated §33-16-3s; to
amend said code by adding thereto a new section, designated
§33-24-7i; to amend said code by adding thereto a new section,
designated §33-25-8g; and to amend said code by adding thereto a
new section, designated §33-25A-8h, all relating to insurance
coverage for acupuncture treatment generally; and providing
insurance coverage under the public employees insurance act and
certain other insurance policies for acupuncture treatment
performed by a licensed acupuncturist.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Prezioso, Hunter, Jenkins, Caldwell, Rowe,
McKenzie and Dempsey:
Senate Bill No. 116--A Bill to amend and reenact §18B-9-5 of
the code of West Virginia, 1931, as amended, relating to the
incremental salary increase for classified employees of higher
education; and reinstating the annual incremental increase for
classified employees.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Snyder:
Senate Bill No. 117--A Bill to amend and reenact §16-6-22a of
the code of West Virginia, 1931, as amended, relating to food service establishments; and requiring restaurants or other food
service establishments to advise their customers with printed
notices when salad crispers are added to the lettuce sold in the
establishment; and establishing penalties for noncompliance.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Boley, Weeks, Harrison, Facemyer, Unger, Caldwell,
Rowe, White, Fanning, Jenkins and McCabe:
Senate Bill No. 118--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-54; and to amend said code by adding thereto a
new section, designated §16-1-19, all relating to creating an
Alzheimer's caregiver assistance program to provide respite
services for informal caregivers of individuals with Alzheimer's
disease.
Referred to the Committee on Finance.
By Senators Caldwell and Rowe:
Senate Bill No. 119--A Bill to amend and reenact §61-3-24 of
the code of West Virginia, 1931, as amended, relating to enhanced
criminal penalties for obtaining money, property and services by
false pretenses from persons sixty-five years of age and older.
Referred to the Committee on the Judiciary.
By Senator Boley:
Senate Bill No. 120--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §3-12-1, §3-12-2 and §3-12-3, all relating to initiative
and referendum; definitions; and limitations.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator McCabe:
Senate Bill No. 121--A Bill to amend and reenact §12-6-5 and
§12-6-12 of the code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated
§12-6-18, all relating to the powers of the investment management
board; extending the powers of the board; increasing the percentage
of equity investments allowed to be held for certain funds;
defining "international security"; specifically expanding the
board's investment authority; limiting the percentage of assets to
be placed in alternative investments; and providing that the board,
in the exercise of its investment decisions, is conclusively
correct unless clearly erroneous.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Facemyer and Smith:
Senate Bill No. 122--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-65, relating to providing a single resident
license for all hunting, fishing and trapping; and providing that
one percent of the general revenue fund each fiscal year is
dedicated for use by the division of natural resources.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Tomblin (Mr. President):
Senate Bill No. 123--A Bill to amend and reenact §29-22-18 of
the code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §31-15-6c, all relating
to creating a capitol renovation and improvement debt service fund;
providing for the construction and financing of renovations to and
improvement of the existing capitol complex and its appurtenant
facilities; and authorizing the issuance of bonds by the West
Virginia economic development authority to finance the construction
of capital improvements and renovations to the existing capitol
complex and its appurtenant facilities.
Referred to the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 124--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5,
§30-41-6, §30-41-7, §30-41-8, §30-41-9, §30-41-10 and §30-41-11, all relating to establishment of the athletic training licensure
act of two thousand four; providing for licensure of athletic
trainers; defining the practice of athletic training and athletic
injury; establishing the athletic trainers' licensure board;
providing for operation of the board; providing for fees and costs
associated therewith; setting forth the powers and duties of the
board; providing for educational and licensing requirements for
practice as an athletic trainer; providing for continuing
education; providing enforcement powers and procedures; providing
for penalties; and providing exemptions, including provisions for
exemption of licensed medical practitioners, student athletic
trainers and state-certified athletic trainers practicing in
secondary school settings.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler, Plymale, Edgell and Bowman:
Senate Bill No. 125--A Bill to amend and reenact §3-8-12 of
the code of West Virginia, 1931, as amended, relating to permitting
solicitation of certain state employees for contributions to
campaigns for or against ballot issues.
Referred to the Committee on the Judiciary.
By Senators Facemyer and Smith:
Senate Bill No. 126--A Bill to amend and reenact §3-1-17 of the code of West Virginia, 1931, as amended; to amend and reenact
§3-5-4 of said code; and to amend and reenact §50-1-1 of said code,
all relating to election of magistrates; providing for numbered
divisions within counties having more than one magistrate for
election purposes only beginning with the primary and general
elections to be held in the year two thousand four; and providing
for the nomination or election of a candidate for magistrate
receiving the highest number of votes within a division.
Referred to the Committee on the Judiciary.
By Senator Oliverio:
Senate Bill No. 127--A Bill to amend and reenact §18-7B-7 of
the code of West Virginia, 1931, as amended, relating to providing
for former state employees who were members of the West Virginia
public employees retirement system prior to the first day of July,
one thousand nine hundred ninety-one, who became employed with a
school district after the first day of July, one thousand nine
hundred ninety-one, and who were precluded from becoming members of
the state teachers retirement system in favor of the defined
contribution retirement system to exercise the option to transfer
to the state teachers retirement system.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Snyder:
Senate Bill No. 128--A Bill to amend and reenact §7-1-3ff of
the code of West Virginia, 1931, as amended, relating to county
commissions; property safety enforcement agency membership; and
authorizing a fire chief to designate a person to represent the
fire chief when the fire chief is unable to serve.
Referred to the Committee on Government Organization.
By Senator Snyder:
Senate Bill No. 129--A Bill to amend and reenact §11-15-7 of
the code of West Virginia, 1931, as amended, relating to exempting
from the consumers sales tax the value of manufacturer's or other
discount coupons used to reduce the gross value of a sale.
Referred to the Committee on Finance.
By Senators Sharpe, Ross and Minard:
Senate Bill No. 130--A Bill to amend and reenact §17A-3-14 of
the code of West Virginia, 1931, as amended, relating to
authorizing a special license plate for members of the Knights of
Pythias and Pythian Sisters; and eliminating the additional annual
fifteen-dollar fee for special 9/11 commemorative plates.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senators Facemyer, Plymale, Unger, Minear and Smith:
Senate Bill No. 131--A Bill to amend and reenact §11-3-9 of
the code of West Virginia, 1931, as amended, relating to exempting farming equipment and livestock from personal property taxation.
Referred to the Committee on Finance.
By Senators Unger, Kessler, Ross, McCabe, Jenkins, Rowe,
Weeks, Smith, Prezioso, White, Fanning, McKenzie, Minear, Harrison,
Guills, Sharpe, Minard and Caldwell:
Senate Bill No. 132--A Bill to amend and reenact §17B-4-3 of
the code of West Virginia, 1931, as amended; to amend and reenact
§17C-5-2, §17C-5-6a and §17C-5-8 of said code; to amend and reenact
§17C-5A-1, §17C-5A-1a, §17C-5A-2 and §17C-5A-3a of said code; to
amend and reenact §20-7-18 and §20-7-18b of said code; and to amend
and reenact §33-6A-1 of said code, all relating to driving under
the influence of alcohol, controlled substances or drugs; and
reducing the allowable blood alcohol content for driving under the
influence from ten hundredths to eight hundredths of one percent of
body weight.
Referred to the Committee on the Judiciary.
By Senators Chafin, Helmick, Facemyer, Sharpe, Ross, Snyder
and Fanning:
Senate Joint Resolution No. 1--
Proposing an amendment to the
Constitution of the State of West Virginia, amending sections 1 and
4, article VII thereof, all relating to the executive department;
eliminating the succession of the governor; providing for one term
of six years; designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary.
Senators Rowe, Snyder, White, Tomblin (Mr. President), Ross,
Sharpe, Facemyer, Weeks, Fanning, McCabe, Bowman, Edgell, Prezioso,
Kessler, Helmick, Jenkins, Caldwell, Chafin, Minard and Unger
offered the following resolution:
Senate Concurrent Resolution No. 1--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" and the adjoining interchange at
milepost 44, I-64/I-77, commonly known as the Harper Road
Interchange, the "Lewis N. McManus - Statesman and Speaker of the
House of Delegates - Memorial Interchange".
Whereas, Lewis N. McManus, former Speaker of the House of
Delegates, was an exemplary statesman, public servant, private
citizen and gentleman of the highest caliber; and
Whereas, Lewis N. McManus, who passed away December 18, 2002,
at the age of 73, 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 of Charles Ryan 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 the 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 the adjoining interchange at milepost 44, I-
64/I-77, commonly known as the Harper Road Interchange, the "Lewis
N. McManus - Statesman and Speaker of the House of Delegates -
Memorial Interchange"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to erect appropriate signage at the entryway of each end
of the bridge with a prominent and legible inscription stating the
following: "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 appropriate signage at the entryways of the
adjoining interchange at milepost 44, I-64/I-77, commonly known as
the Harper Road Interchange, with a prominent and legible
inscription stating the following: "Lewis N. McManus - Statesman
and Speaker of the House of Delegates - Memorial Interchange"; 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 Associates, West Virginia University, the
West Virginia Public Broadcasting Corporation, the Raleigh County
Commission and the family of the late Lewis N. McManus.
Which, under the rules, lies over one day.
Senators Rowe, White, Fanning, McCabe, Minard, Sharpe, Ross,
Unger and Hunter offered the following resolution:
Senate Concurrent Resolution No. 2--Requesting the Division of
Highways name the bridge located on the West Virginia Turnpike at
milepost 83.43, spanning Cabin Creek and Kanawha County Route 79/3,
the "Mother Jones Labor Heritage Bridge".
Whereas, Mary Harris Jones, renowned octogenarian and rabble-
rousing labor organizer, known as "Mother Jones" or "Miners'
Angel", was active in the labor movement early in the 20th century when the United States was changing dramatically from an agrarian
economy to an industrial economy; and
Whereas, Mother Jones came to national attention during the
Paint Creek--Cabin Creek coal mine strike in West Virginia in 1912
when she was 82 years old; and
Whereas, On September 21, 1912, Mother Jones led a march of
miners' wives and children through the streets of Charleston to
dramatize conditions under which the miners were working; and
Whereas, The resulting furor from this march and her speeches
during this strike resulted in Mother Jones being arrested, tried
and convicted by a martial law court and subsequently imprisoned in
a boarding house in Pratt, West Virginia; and
Whereas, Her imprisonment caused the United States Senate to
order a commission to investigate conditions in the West Virginia
coalfields; and
Whereas, Mother Jones was set free from prison by newly
elected West Virginia Governor Henry Drury Hatfield and continued
her nationwide crusade to encourage working people to join labor
unions. She made her last fiery public speech at her 100th
birthday party on May 1, 1930; and
Whereas, It is fitting that the interstate bridge spanning
Cabin Creek and Kanawha County Route 79/3, known as Cabin Creek
Road, be dedicated to this remarkable senior citizen who added to the rich and colorful history of this state and created a legacy
for the labor movement nationwide; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge located on the West Virginia Turnpike at milepost
83.43, spanning Cabin Creek and Kanawha County Route 79/3, the
"Mother Jones Labor Heritage Bridge"; and, be it
Further Resolved, That the Division of Highways provide and
erect signs at either end of the bridge displaying the name "Mother
Jones Labor Heritage Bridge"; 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.
Which, under the rules, lies over one day.
Senators Fanning, Caldwell, Ross, Unger, Rowe, Minear, Minard
and Sharpe offered the following resolution:
Senate Concurrent Resolution No. 3--Requesting the Joint
Committee on Government and Finance study the need for creating a
forensic science task force.
Whereas, The state has a shortage of specialists in certain
forensic science fields; and
Whereas, The lack of forensic science specialists affects the
state's ability to address emergency situations; and
Whereas, An improvement in the state's forensic science
capabilities would enhance the ability of law enforcement to solve
crimes and prosecute criminals; and
Whereas, There is a need to coordinate efforts to enhance
laboratory accreditation, training of specialists and sharing of
equipment among forensic organizations in the state; and
Whereas, Future federal funding for crime laboratories may
require the establishment of a statewide plan for organizing
forensic science capabilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the need for creating a forensic science task
force; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, 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.
Without objection, the Senate returned to the third order of
business.
Executive Communications
Senator Tomblin (Mr. President) presented the following
communication from His Excellency, the Governor, submitting the
executive budget and annual budget bill, which was received and
read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
January 14, 2004
Senate Executive Message No. 1
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
I herewith submit, pursuant to the Constitution of the State
of West Virginia, a budget and budget bill for the fiscal year
beginning July 1, 2005.
Very truly yours,
Bob Wise,
Governor.
Subsequently, Senator Tomblin (Mr. President) laid before the
Senate the aforementioned annual budget bill,
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 133--A Bill making appropriations of public
money out of the treasury in accordance with section fifty-one,
article VI of the constitution.
Which was read by its title and referred to the Committee on
Finance.
The Senate again proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 134--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-5-46, relating to establishing bus transportation
schedules.
Referred to the Committee on Education.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 135--
A Bill to amend and reenact §11-15-9g of the code of West Virginia, 1931, as amended, relating to consumers
sales and service tax; and creating exemption for purchases of
back-to-school clothing and school supplies by consumers during
three-day period in August, two thousand four.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 136--
A Bill to repeal §11-11-39 of the code of
West Virginia, 1931, as amended; and to amend and reenact §11-11-2,
§11-11-3, §11-11-8 and §11-11-43 of said code, all relating to
preserving West Virginia's estate tax by decoupling from the
changes in federal estate tax law as a result of federal Economic
Growth and Tax Relief Reconciliation Act of 2001; and specifying
effective date.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 137--
A Bill to amend and reenact §11-24-3 of
the code of West Virginia, 1931, as amended, relating to updating
meaning of federal taxable income and certain other terms used in
West Virginia corporation net income tax act by bringing them into
conformity with their meanings for federal income tax purposes; and
specifying effective date.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 138--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-8-22, relating to nondisclosure of personal
information maintained by the state of West Virginia.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 139--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-2E-1, §5B-2E-2, §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-
2E-6, §5B-2E-7, §5B-2E-8, §5B-2E-9 and §5B-2E-10; and to amend said
code by adding thereto a new section, designated §11-15-34, all
relating to the West Virginia tourism development act; establishing
a tourism development project tax credit; specifying short title;
specifying legislative findings and purpose; defining terms;
specifying additional powers and duties of the development office;
specifying activity that qualifies for the credit; requiring filing
of application for tax credit as condition precedent to claiming
tax credit; specifying procedures for evaluation and approval of
project; providing for hiring of consultants; specifying criteria for evaluating projects; specifying determination of amount of
allowable tax credits; specifying application of tax credits
against sales tax collected; providing for forfeiture of unused tax
credits; and specifying information required to be annually
submitted to the state development office.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 140--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-1-11, relating to the creation of a position within
the department of administration for the implementation and
monitoring of a statewide program to assure compliance with 42 U.
S. C. §12101, et seq., the federal Americans with Disabilities Act.
Referred to the Committee on Government Organization
; and then
to the Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 141--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §22-5-19, relating to establishing a program to report
emissions of greenhouse gases; creating a voluntary registry for the reporting of voluntary reductions of greenhouse gas emissions
if the reductions are made before they are required by law;
establishing a banking and trading program for greenhouse gas
emission reductions; providing public recognition of voluntary
reduction or avoidance of greenhouse gases; and providing
consideration of such reductions under future mandatory federal or
state greenhouse gas emission reduction programs.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 142--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-6A-13, relating to creating a special revenue fund
for the operation of the education and state employees grievance
board.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 143--
A Bill to repeal §5-16A-1, §5-16A-2, §5-
16A-3, §5-16A-4, §5-16A-5, §5-16A-6, §5-16A-7, §5-16A-8, §5-16A-9,
§5-16A-10 and §5-16A-11 of the code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section, designated §33-16D-16, relating to small employer group health
benefit plans for uninsured groups.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 144--
A Bill to amend and reenact §51-1-10a of
the code of West Virginia, 1931, as amended; to amend and reenact
§51-2-13 of said code; and to amend and reenact §51-2A-6 of said
code, all relating to judges and justices generally; salary of
justices; salary of judges of circuit courts; and salary of family
court judges.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 145--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-22-2a; to amend said code by adding thereto a new
section, designated §33-23-2a; to amend said code by adding thereto
a new section, designated §33-24-4b; to amend said code by adding
thereto a new section, designated §33-25-6a; to amend said code by
adding thereto a new section, designated §33-25A-24b; to amend and reenact §33-41-1, §33-41-2 and §33-41-3 of said code; and to amend
said code by adding thereto twelve new sections, designated §33-41-
4, §33-41-5, §33-41-6, §33-41-7, §33-41-8, §33-41-9, §33-41-10,
§33-41-11, §33-41-12, §33-41-13, §33-41-14 and §33-41-15, all
relating to insurance fraud; subjecting farmers' mutual insurance
companies, fraternal benefit societies, certain hospital, medical,
dental and health services corporations, health care corporations
and health maintenance organizations to insurance fraud provisions;
defining terms; establishing an insurance fraud unit within agency
of insurance commissioner; authorizing promulgation of rules and
requiring filing of annual reports; establishing powers and duties
of the unit; outlining investigative powers and procedures;
providing confidentiality and immunity of fraud unit operations;
prohibiting insurance fraud; establishing criminal penalties and
fines; authorizing prosecution for fraudulent acts; authorizing
special prosecutors; specifying duties of insurers; authorizing
funding by assessment of insurers; establishing the West Virginia
insurance fraud prevention act; defining legislative intent and
terms; creating misdemeanor and felony offenses for the commission
of fraudulent acts; and creating penalties, exceptions and
immunities.
Referred to the Committee on Banking and Insurance; then to
the Committee on the Judiciary; and then to the Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 146--
A Bill to amend and reenact §5A-3-4 of
the code of West Virginia, 1931, as amended, relating to vendor
registration fees within the division of purchasing for the
maintenance and auditing of contracts entered into by the state.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 147--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-22-18c, relating to transfers of unappropriated net
profit between state lottery fund and state excess lottery fund and
between state excess lottery fund and state lottery fund.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 148--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-10D-1, §11-10D-2, §11-10D-3, §11-10D-4, §11-10D-5,
§11-10D-6, §11-10D-7, §11-10D-8, §11-10D-9, §11-10D-10, §11-10D-11,
§11-10D-12 and §11-10D-13, all relating generally to granting persons who owe but have not paid one or more taxes administered
under West Virginia tax procedure and administration act an amnesty
period during which past-due taxes may be paid or payment
agreements acceptable to tax commissioner executed; providing for
waiver of additions to tax, money penalties and fifty percent of
accrued interest on past-due taxes when taxes for which amnesty is
granted are paid within one month after tax amnesty period closes
or paid pursuant to payment agreements executed during amnesty
period; prohibiting criminal prosecution for default for which tax
amnesty is granted; providing for a penalty of twenty-five percent
when person fails to take advantage of this amnesty program;
setting forth legislative findings and declarations; establishing
requirements of and exceptions and limitations to tax amnesty
program; defining certain terms; authorizing tax commissioner to do
all things necessary to implement two-month tax amnesty program
during current calendar year, including, but not limited to,
issuance of emergency legislative rules; suspending language of
code that is inconsistent or conflicts with language creating tax
amnesty program; and requiring tax commissioner to report certain
information to Legislature and governor after conclusion of tax
amnesty program.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 149--
A Bill to repeal §5A-2-2, §5A-2-3, §5A-2-
4, §5A-2-5, §5A-2-6, §5A-2-7, §5A-2-8, §5A-2-9, §5A-2-10, §5A-2-11,
§5A-2-12, §5A-2-13, §5A-2-14, §5A-2-14a, §5A-2-15, §5A-2-16, §5A-2-
17, §5A-2-18, §5A-2-19, §5A-2-19a, §5A-2-20, §5A-2-21, §5A-2-22,
§5A-2-23, §5A-2-24, §5A-2-25, §5A-2-26, §5A-2-27, §5A-2-28, §5A-2-
29, §5A-2-30, §5A-2-31 and §5A-2-32 of the code of West Virginia,
1931, as amended; to amend and reenact §5A-1-2, §5A-1-4 and §5A-1-5
of said code; to amend and reenact §5A-2-1 and §5A-2-24 of said
code; to amend said code by adding thereto a new chapter,
designated §11B-1-1, §11B-1-2, §11B-1-3, §11B-1-4, §11B-1-5, §11B-
1-6, §11B-1-7, §11B-2-1, §11B-2-2, §11B-2-3, §11B-2-4, §11B-2-5,
§11B-2-6, §11B-2-7, §11B-2-8, §11B-2-9, §11B-2-10, §11B-2-11, §11B-
2-12, §11B-2-13, §11B-2-14, §11B-2-15, §11B-2-16, §11B-2-17,
§11B-2-18, §11B-2-19, §11B-2-20, §11B-2-21, §11B-2-22, §11B-2-23,
§11B-2-24, §11B-2-25, §11B-2-26, §11B-2-27, §11B-2-28, §11B-2-29,
§11B-2-30, §11B-2-31, §11B-2-32 and §11B-2-33, all relating
generally to department of tax and revenue and office of secretary
of tax and revenue and their powers, duties and responsibilities;
changing the name of department of tax and revenue to department of
revenue; changing name of office of secretary of tax and revenue to
office of secretary of revenue; transferring budget section of
finance division of department of administration to department of revenue and making secretary of revenue state budget director;
increasing membership of council of finance and administration by
making secretary of revenue an ex officio member; providing rules
to effectuate transfer of budget section and transition; moving
language pertaining to work of budget section and preparation of
budget to new chapter of the code; continuing misdemeanor penalties
for noncompliance by secretaries and spending officers with
requirements to provide certain budget and budget-related
information; identifying agencies, boards, commissions, division
and offices comprising department of revenue; specifying powers and
duties of secretary; requiring periodic reports; authorizing
delegations of authority; providing rules for safeguarding
confidential information; providing right of appeal from
interference with functioning of an agency; and making other
technical or conforming changes to implement or effectuate these
various changes.
Referred to the Committee on Government Organization; and then
to the Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 150--
A Bill to amend and reenact §18-9A-4 of
the code of West Virginia, 1931, as amended, relating to public
school support; and amending the foundation allowance for professional educators to allow an exemption to the cap on
professional educators for counties with small population density.
Referred to the Committee on Education; and then to the
Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 151--
A Bill to amend and reenact §17A-2A-7 and
§17A-2A-11 of the code of West Virginia, 1931, as amended, all
relating to prohibiting the division of motor vehicles' sale of
personal information for bulk distribution for surveys, marketing
and solicitations.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 152--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-8-21, relating to nondisclosure of personal
information of state employees, officers and their dependants.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 153--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §17C-24-1, §17C-24-2, §17C-24-3, §17C-24-4, §17C-24-5,
§17C-24-6 and §17C-24-7, all relating to establishing the "All-
Terrain Vehicle Safety Regulation Act" and the reasons therefor;
providing definitions; requiring wearing of helmets on all-terrain
vehicles by persons under the age of eighteen; prohibiting
passengers by a person under the age of eighteen; prohibiting the
use of all-terrain vehicles by a person under eighteen without a
valid operator's license or completion of an all-terrain vehicle
training course; prohibiting operation of all-terrain vehicles
while under the influence of drugs or alcohol; requiring accident
reports; requiring an annual report of accidents and injuries to
the governor and the Legislature; and providing criminal penalties.
Referred to the Committee on Transportation
; and then to the
Committee on the Judiciary
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 154--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18B-14-12; and to amend said code by adding thereto a
new article, designated §18C-9-1, §18C-9-2, §18C-9-3, §18C-9-4,
§18C-9-5, §18C-9-6, §18C-9-7, §18C-9-8 and §18C-9-9, all relating
to the creation of a distinguished graduate student fellowship
program at West Virginia university and Marshall university; establishing an endowment trust fund; receiving public and private
funding; investing or reinvesting funds; administration by the
board of governors of the universities; funds shall be used as
stipends for graduate student fellows; creation of standards and
review by the higher education policy commission; creation and
submission of an annual report to the governor; criteria to be
considered when evaluating an applicant; permission to solicit
private funding; and creation of a statewide task force on graduate
studies.
Referred to the Committee on Education; and then to the
Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 155--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §22-25-1, §22-25-2, §22-25-3, §22-25-4, §22-25-5, §22-
25-6, §22-25-7, §22-25-8, §22-25-9, §22-25-10, §22-25-11, §22-25-12
and §22-25-13, all relating to establishing a voluntary
environmental excellence program; creating certain incentives for
businesses that exceed the requirements of certain state and
federal environmental laws and regulations and increasing the
quantity and quality of public participation; establishing
legislative findings and purpose; defining certain terms; directing the secretary of the department of environmental protection to
develop and implement the environmental excellence program;
authorizing the secretary of the department of environmental
protection to propose certain legislative rules regarding the
environmental excellence program; establishing eligibility and
application requirements for participation; authorizing the
department of environmental protection to enter into environmental
performance agreements with qualified entities and timely review
applications; providing for certain program elements; providing for
appeal of certain adverse application decisions; providing for the
withdrawal, enforcement and termination of participation under
certain circumstances; providing for certain incentives to be
established for participating in the program; providing certain
guidelines for the content of environmental performance agreements;
establishing the environmental excellence administrative fund;
allowing for gifts and donations to be received by the fund;
providing for public participation in the environmental excellence
program; providing for a performance review of the program; and
providing for expiration of the program in two thousand nine.
Referred to the Committee on Energy, Industry and Mining
; and
then to the Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 156--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-
27-6, §17-27-7, §17-27-8, §17-27-9, §17-27-10, §17-27-11, §17-27-
12, §17-27-13, §17-27-14, §17-27-15, §17-27-16, §17-27-17, §17-27-
18, §17-27-19, §17-27-20 and §17-27-21, all relating to
establishment of the public-private transportation facilities act
of two thousand four; setting forth legislative findings and
purposes; defining terms; providing prerequisites for development
of a transportation facility; setting forth additional powers and
duties of the West Virginia public port authority; providing for
the submission of proposals and approval by the authority;
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 and relocations; addressing dedication
of assets; providing for an exemption from purchasing rules;
qualifying transportation facilities as public improvements;
providing for an exemption of qualifying transportation facilities
from taxation; setting forth a termination date; and addressing construction and severability.
Referred to the Committee on Economic Development; and then to
the Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 157--
A Bill to amend and reenact §11-21-9 of
the code of West Virginia, 1931, as amended, relating to updating
the meaning of certain terms used in the West Virginia personal
income tax act by bringing them into conformity with their meanings
for federal income tax purposes; and updating effective date.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 158--
A Bill to amend and reenact §5-10D-1, §5-
10D-2 and §5-10D-3 of the code of West Virginia, 1931, as amended;
to amend and reenact §5-16-3 and §5-16-4 of said code; to amend and
reenact §5A-1-2 of said code; to amend said code by adding thereto
a new article, designated §5A-10-1, §5A-10-2 and §5A-10-3; and to
amend and reenact §29-6-5 and §29-6-6 of said code, all relating to
abolishing the insurance and retirement division of the department
of administration and creating a new employee and insurance
services division within the department of administration; creating
the office of commissioner of the division, to be appointed by the governor; providing that the division shall be comprised of the
consolidated public retirement board, the public employees
insurance agency, the board of risk and insurance management, the
children's health insurance agency, the education and state
employees grievance board and the personnel division; providing for
the powers, duties and authority of the commissioner of the
employee and insurance services division; and providing that the
commissioner shall have the power and duty to chair certain boards
and appoint the directors of the component state agencies within
the division, consolidate or reorganize certain internal functions
and operations, transfer funds and supervise internal management.
Referred to the Committee on Government Organization; and then
to the Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 159--
A Bill to amend and reenact §15-2A-6,
§15-2A-9 and §15-2A-10 of the code of West Virginia, 1931, as
amended, all relating to the rights of members of the West Virginia
state police retirement system; and lowering the normal retirement
age.
Referred to the Committee on Pensions; and then to the
Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 160--
A Bill to amend and reenact §5A-2-14a of
the code of West Virginia, 1931, as amended, relating to
appropriation in certain fiscal years of moneys to the bureau of
medical services of the department of health and human resources
from funds held in reserve for the public employees insurance
agency.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 161--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §33-47-1, §33-47-2, §33-47-3, §33-47-4, §33-47-5, §33-
47-6, §33-47-7, §33-47-8, §33-47-9, §33-47-10 and §33-47-11, all
relating to creating a West Virginia insurance plan; defining
terms; creating a body corporate and politic to be known as the
West Virginia health insurance plan; providing for its supervision
and control by a board of directors to be appointed by the
governor; providing the board of directors' administrative
requirements; requiring a plan of operation to be approved by the
insurance commissioner; requiring the plan to be operated so as to
qualify as an acceptable alternative mechanism under the federal
Health Insurance Portability and Accountability Act and as an option to provide health insurance coverage for individuals
eligible for the federal health care tax credit; describing
procedural requirements for the plan; describing powers of the
plan; requiring the board to annually report to the governor
summarizing preceding year's activities; shielding the board and
its employees from any liability resulting from obligations of the
plan; authorizing the board of directors to promulgate rules to
implement the act; defining eligibility for persons seeking
coverage from the plan and when such coverage shall cease; making
it an unfair trade practice to arrange for an employee to apply for
coverage with the plan for the purpose of separating that employee
from group health insurance coverage provided in connection with
the employee's employment; providing for the selection of a plan
administrator; providing for funding for the plan; defining the
benefits to be offered; providing that participation in the plan by
an insurer is not the basis of any legal action against the
participating insurer; providing that the plan is exempt from
taxes; and providing an effective date.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance
.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 162--
A Bill to amend and reenact º29-22B-702 of the code of West Virginia, 1931, as amended, relating to
prohibition against retailer licensees using gambling names and
symbols in advertising, signage and directions to retail
establishments offering limited video lottery games.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 163--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new chapter,
designated §20A-1-1, §20A-1-2, §20A-1-3, §20A-1-4, §20A-1-5, §20A-
1-6 and §20A-1-7; and to amend said code by adding thereto a new
section, designated §29-2-5a, all relating to establishing the
water resources management act; providing short title; creating
legislative findings and legislative policies of the act; providing
that a survey of state waters be undertaken; defining terms;
providing that the state reserves a sovereign interest in the
waters of the state as a valuable public resource; declaring the
state should manage state waters for the use and benefit of its
citizens; directing that a water use survey be conducted; defining
types of activities to be surveyed; establishing that the purpose
of survey is to inventory state waters and assess need for a state
plan; providing for preservation of common law rights and water as
a natural resource; authorizing the state director of office of economic and geologic survey to undertake study; requiring the
director to coordinate study with state agencies and a legislative
oversight commission; requiring persons making large withdrawals to
participate; creating exceptions; establishing reporting
requirements; requiring the director to use reasonable alternatives
for estimating usage; requiring the director to report to the
Legislature; specifying contents of the report; requiring persons
participating in survey to submit accurate information; requiring
the director to consult with state agencies that have or collect
water use data to determine the appropriate form and format of the
data submitted pursuant to the survey; authorizing the director to
coordinate with the United States geological survey; establishing
confidentiality of submitted information; providing criteria for
requesting and receiving confidentiality designation; providing for
types of records, reports or information eligible for being
designated confidential; exempting certain information from being
deemed confidential; providing methods for preserving and
maintaining confidential status; establishing a process for
requesting documents, including notice and hearings; establishing
a legislative oversight committee to monitor, study and report
development; requiring certain persons to participate in survey;
providing civil penalties for noncompliance; providing for survey
compliance mechanisms; requiring certain agencies to promulgate legislative rule; and providing that the director of geological and
economic survey use existing authority to undertake survey.
Referred to the Committee on Natural Resources.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 164--A Bill to amend and reenact §17-16A-11 of
the code of West Virginia, 1931, as amended, relating to
authorizing the issuance of new parkway revenue bonds; and
establishing a ceiling on the aggregate outstanding principal
amount of such parkway revenue bonds issued under such section,
from time to time, which shall not exceed one hundred eighty-three
million dollars.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 165--
A Bill to repeal §18B-10-3, §18B-10-4a
and §18B-10-10 of the code of West Virginia, 1931, as amended; and
to amend and reenact §18B-10-1, §18B-10-2, §18B-10-4, §18B-10-4b,
§18B-10-5, §18B-10-6, §18B-10-7a, §18B-10-8, §18B-10-9, §18B-10-11,
§18B-10-12, §18B-10-13, §18B-10-14 and §18B-10-15 of said code, all
relating to tuition and fee simplification for higher education.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 166--
A Bill to amend and reenact §17B-4-3 of
the code of West Virginia, 1931, as amended; to amend and reenact
§17C-5-2, §17C-5-6a and §17C-5-8 of said code; to amend and reenact
§17C-5A-1, §17C-5A-1a, §17C-5A-2 and §17C-5A-3a of said code; to
amend and reenact §20-7-18 and §20-7-18b of said code; and to amend
and reenact §33-6A-1 of said code, all relating to driving under
the influence of alcohol, controlled substances or drugs; and
reducing the allowable blood alcohol content for driving under the
influence from ten hundredths to eight hundredths of one percent of
body weight.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 167--A Bill to amend and reenact §18-5-15f of
the code of West Virginia, 1931, as amended; to amend and reenact
§18-5A-5 of said code; to amend said code by adding thereto a new
section, designated §18-5A-7; to amend and reenact §18-29-5 of said
code; to amend and reenact §18A-2-3 of said code; to amend and
reenact §18A-3-2b of said code; to amend said code by adding
thereto a new section, designated §18A-3-11; to amend and reenact
§18A-4-2a of said code; to amend said code by adding thereto a new section, designated §18A-4-21; to amend and reenact §18A-5-1 and
§18A-5-1a of said code; and to amend said code by adding thereto a
new article, designated §18A-8-1, §18A-8-2, §18A-8-3 and §18A-8-4,
all relating to automation of suspension and expulsion data;
selection of mentors for beginning teachers; creation of county
faculty senates; addition of classified employees to the education
and state employees grievance board; preferences related to
substitute teacher assignments; selection of professional support
team of the beginning teacher internship program; designation of
county coordinators of national board certification; increasing the
salary bonus for classroom teachers with national board
certification; free admission to athletic events for school
personnel; appeals of principals' disciplinary decisions;
compilation of student disciplinary history; and creation of the
paperwork reduction advisory council.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 168--A Bill to amend and reenact §4-11A-1, §4-
11A-2 and §4-11A-3 of the code of West Virginia, 1931, as amended;
and to amend said code by adding thereto sixteen new sections,
designated §4-11A-6, §4-11A-7, §4-11A-8, §4-11A-9, §4-11A-10, §4-11A-11, §4-11A-12, §4-11A-13, §4-11A-14, §4-11A-15, §4-11A-16,
§4-1A-17, §4-11A-18, §4-11A-19, §4-11A-20, §4-11A-21 and §4-11A-22,
all relating to legislative appropriation of tobacco settlement
funds; setting forth legislative findings and purposes; receipt of
settlement funds and required deposit in West Virginia tobacco
settlement medical trust fund; receipt of settlement funds and
required deposit in the West Virginia tobacco settlement fund;
creation of tobacco settlement finance authority and providing for
general powers; establishing governing board of authority; defining
staff of the authority; limitation of liability; providing certain
definitions; authorizing sale of rights in a master settlement
agreement; authorization of bonds of the authority; providing for
the use of proceeds of bonds of the authority; creating a workers'
compensation commission settlement account; providing an exemption
from state purchasing provisions; providing for the delivery of an
annual report by the authority to the governor; providing
bankruptcy provisions; establishing the dissolution of the
authority; severability of sections; and construction of article.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 169--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §5A-1-11; to amend and reenact §18B-1-2 of said code; to
amend and reenact §18B-4-5 of said code; to amend and reenact §18B-
5-4 and §18B-5-9 of said code; to amend said code by adding thereto
two new sections, designated §18B-5-10 and §18B-5-11; to amend and
reenact §18B-7-1 of said code; to amend and reenact §18B-9-2 and
§18B-9-4 of said code; to amend said code by adding thereto a new
section, designated §18B-10-1b; and to amend and reenact §18B-14-11
of said code, all relating to increased flexibility in management,
finance, purchasing and personnel practices for higher education;
and creating a research challenge fund for research and development
initiatives at institutions of higher education.
Referred to the Committee on Education; and then to the
Committee on Finance.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Bailey.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, January 15, 2003, at 11 a.m.
____________