WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
SIXTH DAY
____________
Charleston, W. Va., Monday, January 19, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Jimmie McKnight, Sixth
Street Church of God, Charleston, West Virginia, who then proceeded
in the singing of "God Bless the USA".
Pending the reading of the Journal of Friday, January 16,
2004,
On motion of Senator Rowe, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
At the request of Senator Chafin, and by unanimous consent,
the provisions of rule number fifty-four of the Rules of the
Senate, relating to persons entitled to the privileges of the
floor, were suspended in order to grant United States military
veterans privileges of the floor for the day.
The Clerk presented a communication from the Department of
Health and Human Resources, submitting its annual report of the
James "Tiger" Morton Catastrophic Illness Commission as required by chapter sixteen, article five-q, section two of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Registration for Professional Engineers, submitting
its annual report, in accordance with chapter thirty, article
thirteen, section ten of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the sixth order of business.
At the request of Senator Hunter, and by unanimous consent,
Senators Hunter, Caldwell, Bailey, Dempsey, Minard, Oliverio,
Boley, Deem, Weeks, Kessler, Plymale, Helmick, Chafin, Bowman,
Edgell, Prezioso, McCabe, Unger, White, Fanning, Rowe, Jenkins,
Sharpe, Ross, Facemyer, Love, Harrison, Smith, McKenzie, Sprouse,
Minear, Guills and Tomblin (Mr. President) offered the following
resolution:
Senate Resolution No. 3--Designating Monday, January 19, 2004,
as "Veterans Visibility Day".
Whereas, From the Revolutionary War, which gave America its
identity as a free and democratic nation, to this moment, America's
men and women have always risen to the call of duty in order to
defend and preserve our freedom and help maintain freedom
throughout the world; and
Whereas, Per capita, more citizens from West Virginia have
served in our nation's armed forces than from any other state. We are proud of our citizens who, despite danger, have done what they
must for peace and freedom; and
Whereas, Through wars, conflicts and the threat of terror,
thousands of West Virginians have paid the ultimate price for
freedom with their lives and thousands more have been wounded in
battle; and
Whereas, The Senate is proud to honor those currently serving
in harm's way in Iraq, Afghanistan and in other countries all over
the world to protect democracy from the threat of terror; and
Whereas, It is always important that we honor the many brave
West Virginians who have faced the enemy, been wounded and even
given their lives for not only our freedom, but for freedom around
the world; and
Whereas, We should remember the words of President John F.
Kennedy who said, "Our goal is not the victory of might, but the
vindication of right -- not peace at the expense of freedom, but
both peace and freedom, here in this hemisphere, and, we hope,
around the world. God willing, that goal will be achieved.";
therefore, be it
Resolved by the Senate:
That the Senate hereby designates Monday, January 19, 2004, as
"Veterans Visibility Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Division of Veterans Affairs.
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.
At the request of Senator Hunter, and by unanimous consent,
Senator Hunter addressed the Senate regarding Veterans Visibility
Day.
Thereafter, at the request of Senator Ross, and by unanimous
consent, the remarks by Senator Hunter were ordered printed in the
Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened 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 Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 197--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5B-2-3b; to amend said code by adding thereto a new
section, designated §18B-1B-10; and to amend and reenact §29-22A-10
of said code, all relating generally to distribution of net
terminal income of racetrack video lottery terminals; reducing
distributions to the tourism development fund; providing for
portion of saved net lottery terminal income distribution to be
deposited in the development office promotion fund and in the
higher education policy commission's research challenge fund; creating such funds as special revenue funds; providing for uses
and expenditures of such funds; and deleting obsolete language.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Snyder:
Senate Bill No. 198--A Bill to amend and reenact §18-9A-15 of
the code of West Virginia, 1931, as amended, relating to the public
school support allowance for increased enrollment.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Bowman, Minear, Hunter, Sharpe, Caldwell and Rowe:
Senate Bill No. 199--A Bill to amend §5-14-4 of the code of
West Virginia, 1931, as amended, relating to correcting the
statutory inconsistency of appointments to the commission for the
deaf and hard-of-hearing in relation to the terms and number of
appointees.
Referred to the Committee on Government Organization.
By Senators Bowman, Unger, Jenkins, McCabe, Kessler, Plymale,
White, Caldwell, Rowe, Minard, Hunter and Fanning:
Senate Bill No. 200--A Bill to amend and reenact §15-2-7 of
the code of West Virginia, 1931, as amended, relating to requiring
the superintendent of the state police to report annually to the
Legislature about the effectiveness of its efforts in recruiting
minorities.
Referred to the Committee on Government Organization.
By Senators Bowman, Kessler and McKenzie:
Senate Bill No. 201--A Bill to amend and reenact §31-16-2 of
the code of West Virginia, 1931, as amended, relating to updating
references about members of the steel advisory commission in the
code from the university system board of trustees and state college
system board of directors to their successor agency, the higher
education policy commission.
Referred to the Committee on Government Organization.
By Senators Bowman, Unger, Jenkins, Weeks, Kessler, McCabe,
Caldwell, White, Fanning, Rowe, Minard, Prezioso, Plymale, Sharpe,
Ross, Dempsey, Love, Facemyer, McKenzie, Smith, Harrison, Boley,
Minear, Sprouse, Guills, Helmick, Oliverio, Hunter, Chafin, Edgell
and Tomblin (Mr. President):
Senate Bill No. 202--A Bill to amend and reenact §9A-1-2 and
§9A-1-3 of the code of West Virginia, 1931, as amended, all
relating to including Gulf War and Afghanistan conflict veterans on
the veterans council.
Referred to the Committee on Military; and then to the
Committee on Government Organization.
By Senator Bowman:
Senate Bill No. 203--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5D-1-5c, relating to transferring remaining bonding
functions of public energy authority to state treasurer.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 204--A Bill to amend and reenact §11-13R-6,
§11-13R-11 and §11-13R-12 of the code of West Virginia, 1931, as
amended, all relating to the strategic research and development tax
credit; and the sale of unused excess strategic research and
development credits by taxpayers eligible to claim said credit.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Snyder:
Senate Bill No. 205--A Bill to amend and reenact §5-16-23 of
the code of West Virginia, 1931, as amended, relating to public
employees insurance generally; and providing that members of the
Legislature may be covered if they pay the same share state
employees pay.
Referred to the Committee on Finance.
By Senator Smith (By Request):
Senate Bill No. 206--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17-15-9, relating to making it unlawful to offer for
sale or sell products created, wholly or in part, by county or
regional jail inmates; and providing criminal penalty.
Referred to the Committee on the Judiciary.
By Senators Minard, Kessler, Jenkins, Sharpe and Rowe:
Senate Bill No. 207--A Bill to amend and reenact §33-3-33 of
the code of West Virginia, 1931, as amended, relating to the
residency restriction reporting requirement for excess lines
brokers remitting the insurance policy surcharge.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Unger, Kessler, Prezioso, Sharpe, Jenkins,
Caldwell, Rowe, Smith, McKenzie, Boley, White, McCabe, Fanning,
Dempsey, Hunter and Facemyer:
Senate Bill No. 208--A Bill to amend and reenact §15-2-13 of
the code of West Virginia, 1931, as amended, relating to allowing
members of the West Virginia state police to participate in
political activities when not on duty and not wearing a uniform.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President), Chafin, Sharpe, Minear,
Ross, Unger, McCabe, Rowe, Fanning, Facemyer, Helmick, White,
Plymale, Jenkins, Sprouse and Bowman:
Senate Bill No. 209--A Bill to amend and reenact §5-6-4 of the
code of West Virginia, 1931, as amended; and to amend and reenact
§5A-3-40 of said code, all relating to state interest in real
property; requiring presentation of certain information to the
joint committee on government and finance; tax exemptions not
affected by leasebacks; exemptions available to private entity who
is a party to the leaseback; leasebacks to be considered public
improvements; and personal liability of a private entity who is a
party to a leaseback.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 210--A Bill to repeal §11-12C-1, §11-12C-2, §11-12C-3, §11-12C-4, §11-12C-5, §11-12C-6, §11-12C-7, §11-12C-8,
§11-12C-9, §11-12C-10, §11-12C-11 and §11-12C-12 of the code of
West Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated §31D-5-501a; to amend and reenact
§31D-14-1420 of said code; to amend and reenact §31D-15-1530 of
said code; to amend said code by adding thereto a new section,
designated §31E-5-501a; to amend and reenact §31E-13-1320 of said
code; to amend and reenact §31E-14-1430 of said code; to amend said
code by adding thereto a new section, designated §47-9-8a; to amend
and reenact §47-9A-4 of said code; and to amend and reenact §59-1-2
of said code, all relating to repealing the corporate license fee;
filing of an annual report by domestic and foreign corporations;
annual registration fee; administrative dissolution; revocation for
failure to do so; filing of an annual report by domestic and
foreign nonprofit corporations; annual registration fee;
administrative dissolution or revocation for failure to do so;
filing of an annual report by domestic and foreign limited
partnerships; annual registration fee; application of the
requirement of the filing of an annual report together; annual
registration fee for corporations to voluntary associations and
business trusts; preserving the attorney-in-fact fee; and
preserving the dedication of half of the attorney-in-fact fee to
the special revenue account used for the operation of the office of
the secretary of state.
Referred to the Committee on Finance.
By Senators Sprouse, Minear, Guills, Weeks, Harrison, Smith and Facemyer:
Senate Bill No. 211--A Bill to amend and reenact §23-2-1 of
the code of West Virginia, 1931, as amended; and to amend and
reenact §33-1-10 of said code, all relating to workers'
compensation.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Rowe, Kessler and Caldwell:
Senate Bill No. 212--A Bill to amend and reenact §17C-17-6 of
the code of West Virginia, 1931, as amended, relating to the
requirement that certain loads of motor vehicles be covered; and
making the operator and the owner of the vehicle violating this
section guilty of a misdemeanor.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 213--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §49-6-13, relating to petitions for changes of custody
when a caretaker-relative has temporary parental custody of a
related child or children; providing a presumption to continue
custody with a caretaker-relative when a change of custody petition
is sought as being in the best interest of the child or children
when the caretaker-relative with temporary parental custody of a
related child or children has had custody of the child or children
for at least eight of the last twelve months preceding the petition filing date; and providing that a caretaker-relative continues to
have temporary custody until the end of the school year when a
change of custody petition has been granted during the school year
unless shown to do so would not be in the best interest of the
child or children.
Referred to the Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 214--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-22-5a, relating to board of landscape architects;
and authorizing the board to set fees by rule.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Oliverio, Rowe, Kessler, Hunter, Unger, Jenkins,
Plymale and McCabe:
Senate Bill No. 215--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 and §17C-24-4, 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 eighteen from riding on an all-terrain
vehicle that is operated by another person under the age of
eighteen; providing penalties for violation; exempting commercial
and farm use from application of article; and providing for local
or county regulation or prohibition of all-terrain vehicles.
Referred to the Committee on Transportation; and then to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 216--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §21A-2-24, relating to the bureau of employment
programs; conducting comparative cost-of-living studies within the
fifty-five counties of the state; and reporting the results of the
study to the joint committee on government and finance by the first
day of December every year.
Referred to the Committee on Finance.
By Senators Unger, Kessler, Prezioso, Ross, Caldwell,
McKenzie, Dempsey, Bowman and Sharpe:
Senate Bill No. 217--A Bill to amend and reenact §15-2A-6 of
the code of West Virginia, 1931, as amended, relating to lowering
the retirement age for state troopers with twenty years of service
from the age of fifty-five to the age of fifty.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Unger, Prezioso, Ross, Fanning, Caldwell, Smith,
McKenzie, Sharpe, Oliverio, Hunter, Dempsey, Sprouse, Love, Weeks,
Boley, Edgell, Plymale, Kessler, Helmick, Bowman, McCabe, Rowe,
Jenkins, Minard, Tomblin (Mr. President), White, Facemyer and Deem:
Senate Bill No. 218--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §8-12-12a, relating to authorizing municipalities to
permit certain veterans to park free.
Referred to the Committee on the Judiciary.
By Senators Rowe, McCabe, Caldwell and Love:
Senate Bill No. 219--A Bill to amend and reenact §7-1-3v of
the code of West Virginia, 1931, as amended, relating to authority
of county commissions to create a flood plain enforcement agency.
Referred to the Committee on the Judiciary.
By Senators Weeks and Smith:
Senate Bill No. 220--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-5-26, relating to allowing pharmacists and other
individuals involved in dispensing medicines to refuse to fill
prescriptions or dispense any substance that can be used as an
abortifacient or that can be used as part of an abortion-related
procedure; providing employee protection; and providing criminal
penalty.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Facemyer:
Senate Joint Resolution No. 3--Proposing an amendment to the
Constitution of the State of West Virginia, amending section 13,
article VI thereof, relating to eligibility of the citizens of the
state to seat in the Legislature; numbering and designating such
proposed amendment; and providing a summarized statement of the
purpose of such proposed amendment.
Referred to the Committee on the Judiciary.
Senators Minard and Caldwell offered the following resolution:
Senate Concurrent Resolution No. 5--Requesting the Joint
Committee on Government and Finance study the feasibility of
requiring certain insurance carriers to provide credit counseling
and other services.
Whereas, Many West Virginia citizens suffer the consequences
of having received adverse credit scores; and
Whereas, Many West Virginia citizens have received these
adverse credit scores erroneously; and
Whereas, Some of the consequences suffered by West Virginia
citizens due to policy rerating based on adverse credit scores
include increased premiums for homeowners' insurance and motor
vehicle liability insurance; and
Whereas, Other consequences suffered by West Virginia citizens
due to adverse credit scores include denials of coverage for
homeowners' and motor vehicle insurance; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of requiring certain insurance
carriers to provide credit counseling and other services; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with any
drafts of 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 Plymale, Chafin, McCabe, Jenkins, Fanning, Kessler,
Helmick, Ross, White, Rowe, Sharpe, Oliverio, Hunter, McKenzie,
Minear, Bowman and Tomblin (Mr. President) offered the following
resolution:
Senate Concurrent Resolution No. 6--Requesting the United
States Congress provide funding for the development of a double-
stack-compatible rail route through West Virginia in order to
improve West Virginia's access to affordable rail and truck
transportation.
Whereas, Efficient and affordable intermodal transportation
has emerged as an essential element in international trade. The
absence of rail and truck intermodal capacity severely restricts
any region's ability to access global markets; and
Whereas, For most of West Virginia, exiting intermodal routes
are too distant to provide a competitive alternative for the
state's producers. As a consequence, most West Virginia commerce
is isolated from burgeoning international opportunities; and
Whereas, West Virginia has invited its two Class I railroads,
CSX Transportation and Norfolk Southern Corporation, to explore
remedies that would improve West Virginia's access to affordable
rail and truck intermodal transportation; and
Whereas, The most efficient land-side form of international container movement involves stacking containers two-high on
railroad cars. This specific form of intermodel transportation is
known as "double-stacking"; and
Whereas, Currently there are no rail routes in West Virginia
capable of accommodating double-stacked containers, so that double-
stack services cannot be offered to most of the state's producers,
and has an adverse effect on out-of-state producers to travel to
other states; and
Whereas, Providing adequate clearances for double-stack
movement in West Virginia would require that tunnels and other
track structures be modified; and
Whereas, Clearing a West Virginia routing for the movement of
double-stacked containers would provide significant benefits to the
residents of West Virginia and adjoining states and to the
participating rail carriers and the businesses who use them.
Providing the routing for the movement of such containers should be
pursued by a partnership that includes both public and private
entities; and
Whereas, Funding for implementing doubled-stacked rail
carriers in West Virginia is important to advanced infrastructure
improvements; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States
Congress provide funding for the development of a double-stack-
compatible rail route through West Virginia in order to improve
West Virginia's access to affordable rail and truck transportation; and, be it
Further Resolved, That the United States Congress should
consider that the implementation of this type of intermodal
transportation would not only greatly benefit the citizens of West
Virginia, but would also have a multistate effect on business and
industry and economic development; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to West Virginia's
congressional delegation.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senators McCabe, Rowe, Caldwell, Unger, Kessler, Bowman,
Prezioso and Edgell offered the following resolution:
Senate Concurrent Resolution No. 7--Requesting the Joint
Committee on Government and Finance study the feasibility of
expanding Tamarack's appeal in the eastern United States by
establishing a greater regional presence.
Whereas, Tamarack attracted nearly three million visitors in
its first five years, approximately 72 percent of whom were out-of-
state residents; and
Whereas, Tamarack purchases products from West Virginia artisans in all 55 counties and its operations have generated over
two million dollars in state sales tax revenue; and
Whereas, Expanding Tamarack's role as an ambassador of the
"Best of West Virginia" to a greater percentage of the population
of the eastern United States would enhance the business of
Tamarack, promote the state's craft and tourism industries,
continue to provide jobs and further enhance the image of West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of expanding Tamarack's appeal
in the eastern United States by establishing a greater regional
presence; 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.
Senators Prezioso, Unger, Caldwell, Jenkins, Helmick, Plymale,
Fanning, Ross, Dempsey, Hunter, Rowe, Kessler, Guills, Sprouse,
Oliverio, White, Bowman, Tomblin (Mr. President) and Sharpe offered the following resolution:
Senate Concurrent Resolution No. 8--Requesting the Joint
Committee on Government and Finance study the adequacy of current
law in protecting the health and safety of West Virginia's
secondary and post-secondary student athletes participating in
athletic programs, the utilization of athletic trainers and other
professionals and paraprofessionals in connection with sports
programs in West Virginia and otherwise protecting the public
interest.
Whereas, The Legislature is charged with protecting the public
interest, promoting student health and safety and safeguarding
professional practices; and
Whereas, The state has an interest in the control, supervision
and regulation of middle and junior high school, secondary and
post-secondary school athletic events, as well as in regulating and
monitoring the practice of professions through licensing boards
which are responsible for ensuring the certification of those
professionals practicing in the profession being regulated; and
Whereas, There is increasing awareness that student athletes
in competitive individual and team sports in which participation
may result in injury are at a greater risk of serious injury or
death when athletic trainers and other professionals and
paraprofessionals are not present at practices and games; and
Whereas, It is the desire of the Legislature to determine the
specific risks to, and the needs of, West Virginia's student
athletes and the appropriate use and qualifications for athletic trainers and other professionals and paraprofessionals to minimize
risk and address those needs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the adequacy of current law in protecting the
health and safety of West Virginia's secondary and post-secondary
student athletes participating in athletic programs, the
utilization of athletic trainers and other professionals and
paraprofessionals in connection with sports programs in West
Virginia and otherwise protecting the public interest; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is also requested to study and evaluate the current risks
to our participating student athletes; the experience of our public
schools, colleges and universities in managing these risks and
protecting student health and safety; the current best practices
with respect to utilizing athletic trainers and other professionals
and paraprofessionals at practices and athletic events; the
desirability of promulgating training and certification standards
for athletic trainers and other professionals and
paraprofessionals; and such other related issues as may arise in
the course of this study; 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.
Senators Jenkins, Plymale, Rowe, Edgell, Caldwell, Prezioso,
Bowman, Kessler, Sharpe, Ross, Dempsey, Love, Hunter, McKenzie,
Sprouse, Fanning, White, Facemyer, Unger and Minard offered the
following resolution:
Senate Concurrent Resolution No. 9--Requesting the Joint
Committee on Government and Finance appoint an interim committee to
study the feasibility of converting the Teachers Defined
Contribution Retirement System to a defined benefit retirement
system.
Whereas, There is continuing interest among members of the
Teachers Defined Contribution Retirement System in converting the
system to a defined benefit retirement system; and
Whereas, The financial ramifications of converting the
Teachers Defined Contribution Retirement System to a defined
benefit retirement system, including potential creation of
additional unfunded liability of the state, bear further study to
determine feasibility; and
Whereas, Other costs and benefits of converting the Teachers
Defined Contribution Retirement System also warrant further study;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to appoint an interim committee to study the feasibility
of converting the Teachers Defined Contribution Retirement System
to a defined benefit retirement system; 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.
The Senate proceeded to the tenth order of business.
Senate Bill No. 196, Allowing activities on school
instructional support and enhancement days to occur in any order.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators White and Love.
Thereafter, at the request of Senator Hunter, and by unanimous
consent, the remarks by Senators White and Love were ordered
printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator McKenzie, unanimous consent being
granted, it was ordered that the Journal show had Senator McKenzie
been present in the chamber on Friday, January 16, 2004, he would
have voted "yea" on the passage of Engrossed Senate Bill No. 166.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, January 20, 2004, at 11 a.m.
____________