WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
THIRTY-FIFTH DAY
____________
Charleston, W. Va., Tuesday, February 17, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Joan Stewart, Montgomery
Presbyterian Church, Montgomery, West Virginia, and Falls View
Presbyterian Church, Falls View, West Virginia.
Pending the reading of the Journal of Monday, February 16,
2004,
On motion of Senator Harrison, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 251, Providing requirements
and limitations for mandatory nurse overtime in hospitals; other
provisions.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page eight, section four, by striking out all of subsection
(g) and inserting in lieu thereof a new subsection (g), to read as
follows:
(g) (1) All moneys paid as administrative penalties pursuant
to this section shall be deposited into the health care cost review
fund provided by section eight, article twenty-nine-b, chapter
sixteen of this code.
(2) In addition to other purposes for which funds may be
expended from the health care cost review fund, the West Virginia
health care authority shall expend moneys from the fund, in amounts
up to but not exceeding amounts received pursuant to subdivision
(1) of this subsection, for the following activities in the state
of West Virginia:
(A) Establishment of scholarships in medical schools;
(B) Establishment of scholarships for nurses training;
(C) Establishment of scholarships in the public health field;
(D) Grants to finance research in the field of drug addiction
and development of cures therefor;
(E) Grants to public institutions devoted to the care and
treatment of narcotic addicts; and
(F) Grants for public health research, education and care.;
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 251--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §21-5F-1, §21-5F-2, §21-5F-3, §21-5F-4 and §21-
5F-5, all relating to providing requirements and limitations for
mandatory nurse overtime in certain hospitals; providing
legislative findings and purposes; defining terms; providing for
certain requirements and limitations for hospital overtime;
limiting number of hours worked in a day; providing exceptions to
overtime limitations; providing that the division of labor enforce
article; authorizing division of labor to propose rules providing
administrative procedures; providing requirements for filing
complaints; establishing administrative penalties; directing
disposition of penalty proceeds; establishing additional purposes
for expenditures from health care cost review fund; and providing
that new article does not amend other law.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 251, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 251) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4373--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §17C-3-10, relating to making it a crime to
alter a traffic-control device with an infrared or electronic
device; and providing for penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4418--A Bill to amend and reenact §30-12-
15 of the code of West Virginia, 1931, as amended, relating to
continuation of the board of architects.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4419--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-22-18, relating to continuation of the board of
landscape architects.
Referred to the Committee on Government Organization.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on February 16, 2004, he had approved
Enr. Senate Bill No. 166.
The Senate proceeded to the fourth order of business.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Bill No. 110, Exempting certain regulations for wrecker
services.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Ross,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 147, Relating to transfer of lottery surplus
net profits.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 160, Extending time to appropriate money from
public employees insurance agency reserve fund to bureau of medical
services.
And,
Senate Bill No. 321, Providing personal income tax adjustment
to gross income of certain retirees.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 328, Authorizing commissioner of agriculture
to promulgate legislative rule relating to frozen desserts and
imitation frozen desserts.
Senate Bill No. 329, Authorizing commissioner of agriculture
to promulgate legislative rule relating to dairy products and
imitation dairy products.
And,
Senate Bill No. 330, Authorizing commissioner of agriculture
to promulgate legislative rule relating to seed law.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 353, Authorizing environmental quality board
to promulgate legislative rule relating to requirements governing
water quality standards.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Natural Resources pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 354, Authorizing fire marshal to promulgate
legislative rule relating to certification of electrical
inspectors.
With an amendment from the Committee on Energy, Industry and
Mining pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Energy, Industry and Mining to
which the bill was first referred; but under the original triple
committee reference first be referred to the Committee on the
Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment
from the Committee on Energy, Industry and Mining pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 360, Authorizing division of health to
promulgate legislative rule relating to statewide trauma/emergency
care system.
Senate Bill No. 365, Authorizing division of health to
promulgate legislative rule relating to birth defects information
system.
And,
Senate Bill No. 391, Authorizing board of examiners of
psychologists to promulgate legislative rule relating to fees.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 444, Requiring county litter control officers
to enforce litter laws.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 468, Relating to nonrenewal of automobile
liability, physical damage and property insurance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 468 (originating in the
Committee on Banking and Insurance)--A Bill to amend and reenact
§33-6A-4 of the code of West Virginia, 1931, as amended; and to
amend and reenact §33-17A-4 and §33-17A-5 of said code, all
relating to insurance generally; additional reasons for nonrenewal
of automobile liability, physical damage and property insurance;
and providing that any policy issued after the effective date of
the bill may be nonrenewed by an insurer for any reason with proper
notice to the insured.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill (Com. Sub. for S. B. No. 468), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Bill No. 478, Allowing certain motorcycle operators and
passengers to ride without helmets; other provisions.
And reports the same back without recommendation as to
passage; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Ross,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 498, Permitting sale of timber severed in
state park in certain cases.
Senate Bill No. 499, Relating to special hunting permit for
resident and nonresident disabled persons.
And,
Senate Bill No. 500, Increasing fees for agents selling
hunting and fishing licenses.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
John Pat Fanning,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 503, Relating to workforce investment act.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Bill No. 505, Creating motor vehicle classification of
"low-speed vehicle".
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 505 (originating in the
Committee on Transportation)--A Bill to amend and reenact §17A-1-1
of the code of West Virginia, 1931, as amended; to amend and
reenact §17A-3-2 of said code; and to amend and reenact §17A-6-3
and §17A-6-18 of said code, all relating to creating a motor
vehicle classification of "low-speed vehicle".
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Mike Ross,
Chair.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Concurrent Resolution No. 27,
Requesting Division of
Highways name bridge on Route 49 at Matewan "Michael S. Justice
Bridge".
Senate Concurrent Resolution No. 28, Requesting Division of
Highways rename connection of Route 73 between Fountain Place Mall
and Mt. Gay "West Virginia POW-MIA Highway".
Senate Concurrent Resolution No. 29, Requesting Division of
Highways name bridge on Route 60 crossing Four Pole Creek "Colonel
Justice M. Chambers Memorial Bridge".
Senate Concurrent Resolution No. 38, Requesting Division of
Highways name bridge crossing Tug Fork River from Williamson, Mingo
County, to Pike County, Kentucky, "Julien and Antoine Gaujot
Memorial Bridge".
And,
House Concurrent Resolution No. 19, Naming the replacement
bridge on Sellers Run Road in Tyler County the "E. Glenn Moore
Memorial Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Mike Ross,
Chair.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 38--Extending the Committee of
Conference relating to consideration of Com. Sub. for H. B. 4022,
Creating "The All-Terrain Vehicle Safety Regulation Act".
Resolved by the Legislature of West Virginia:
That pursuant to Rule No. 3 of the Joint Rules of the Senate and House of Delegates, the Committee of Conference is hereby
extended for a period of three additional days, expiring at the
conclusion of business on February 20, 2004, for the express
purpose of consideration of matters of disagreement between the two
houses as to Com. Sub. for H. B. 4022.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Kessler, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate then 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 Rowe, McKenzie and Harrison:
Senate Bill No. 539--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §19-21A-15, relating to the creation of a ten-member
flood prevention task force generally; designating members;
appointment of certain members by the governor; advisory members;
secretary; travel expenses for certain members; meetings; coordination of federal, state and local governmental response to
flooding; and office space and staff support.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Prezioso:
Senate Bill No. 540--
A Bill to amend and reenact §18-9A-8 of
the code of West Virginia, 1931, as amended, relating to state
funding for those county school boards that have appointed a
treasurer other than the sheriff to defray all or part of the
treasurer's salary.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Prezioso:
Senate Bill No. 541--
A Bill to amend and reenact §18-5-22 of
the code of West Virginia, 1931, as amended, relating to county
boards of education; and requiring reimbursement for the full cost
of providing school nurses from funds appropriated to the state
department of 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. 542--
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.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 543--
A Bill to amend and reenact §16-9A-3 of
the code of West Virginia, 1931, as amended; and to amend and
reenact §49-5-2 of said code, all relating to giving municipal
courts concurrent jurisdiction of proceedings to enforce certain
tobacco restriction laws against juveniles.
Referred to the Committee on the Judiciary.
By Senators Rowe, Hunter, Tomblin (Mr. President), Dempsey,
Edgell, Prezioso, Chafin, Ross, Plymale, McCabe, Kessler, Facemyer,
White, Snyder, Unger, Fanning, Caldwell, Love and McKenzie:
Senate Bill No. 544--
A Bill to amend and reenact º33-2-16,
º33-2-17 and º33-2-18 of the code of West Virginia, 1931, as
amended, all relating to insurance generally; and making the office
of consumer advocacy independent of the insurance commissioner.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Hunter, Rowe, Dempsey, Edgell, Chafin, Bowman,
Helmick, White, Snyder, Unger, Fanning, Caldwell, Love, Kessler and
McKenzie:
Senate Bill No. 545--
A Bill to amend and reenact §33-20-5 of
the code of West Virginia, 1931, as amended, relating to insurance
generally; and prohibiting the use of a credit score in casualty
insurance rate filings.
Referred to the Committee on Banking and Insurance.
By Senators Oliverio, Love, Kessler and McCabe:
Senate Bill No. 546--
A Bill to amend and reenact §22-1-2 of
the code of West Virginia, 1931, as amended, relating to amending
the definition of "resident" for purposes of obtaining Class A
hunting and trapping licenses to include persons who own real
property in West Virginia.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 547--A Bill to amend and reenact §11-3-9 of
the code of West Virginia, 1931, as amended, relating to exempting
from taxation property used exclusively for retirement homes.
Referred to the Committee on Finance.
By Senator McKenzie:
Senate Bill No. 548--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §29-25A-1, §29-25A-2, §29-25A-3, §29-25A-4, §29-25A-5,
§29-25A-6, §29-25A-7, §29-25A-8, §29-25A-9, §29-25A-10, §29-25A-11,
§29-25A-12, §29-25A-13, §29-25A-14, §29-25A-15, §29-25A-16, §29-
25A-17, §29-25A-18, §29-25A-19, §29-25A-20, §29-25A-21, §29-25A-22,
§29-25A-23, §29-25A-24, §29-25A-25, §29-25A-26 and §29-25A-27, all
relating generally to authorizing racetrack table gaming facilities
at licensed horse and dog racetracks and providing generally
therefor; providing for legislative findings and intent; requiring
local option elections to approve licensure of racetrack table
gaming facilities; defining certain terms; duties and powers of the state lottery commission; appointment of lottery commission staff;
adoption and proposal of rules; contract agreements and cost for
law-enforcement services; providing generally for licenses to
engage in activities related to operation of racetrack table gaming
facilities; severability of article; qualifications for applicant
for license to operate a racetrack table gaming facility;
conditions of license; license application requirements;
information required of certain corporations; racetrack table
gaming facility qualifications; application, license and
investigative fees; requirement for surety bond; authorization of
license and prohibiting transfer, assignment, sale or pledge as
collateral; audits and reports of licensee; requirements for
license for supplier of racetrack table gaming facility;
requirements for license for employee of operator of racetrack
table gaming facility; prohibition of false statements on
application for license; grounds for denial, revocation or
suspension of license; reprimand of licensee; information included
on license; display and availability of license; notice of change
of address; expiration and renewal of licenses; renewal fees;
hearing procedures; licensee consent to warrantless searches of
person and property; patron consent to presence of law-enforcement
officers; permitting racetrack table gaming operators to set
wagers; transfers of gross terminal income to state racetrack table
gaming fund; imposing privilege tax on adjusted gross receipts of
racetrack table gaming facility; providing generally for filing and
payment of taxes; creating state racetrack table gaming fund; distribution of amounts in fund; prohibited wagers and other
activities; prohibiting wagers by certain persons; establishing
criminal offenses and penalties; forfeiture of certain property;
and providing civil penalties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Deem:
Senate Bill No. 549--
A Bill to amend and reenact §17-24A-2 of
the code of West Virginia, 1931, as amended, relating to the
abandonment of motor vehicles and parts of motor vehicles; removing
language that allows the abandonment on private property with the
approval of the property owner or controller; and including
criminal penalties.
Referred to the Committee on the Judciary.
By Senators Chafin and Fanning:
Senate Bill No. 550--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated º33-47-1, º33-47-2, º33-47-3, º33-47-4, º33-47-5,
º33-47-6, º33-47-7 and º33-47-8, all relating to insurance
generally; and providing a new procedure for rolling back insurance
rates.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
Senators Boley, Deem and Dempsey offered the following
resolution:
Senate Resolution No. 16--
Congratulating the Parkersburg South High School football team on winning the 2003 Class AAA
championship.
Whereas, The Parkersburg South High School football team had
an exceptional season which earned it the opportunity to
participate in the 2003 Class AAA championship playoffs; and
Whereas, From the muddy field of competition to the pinnacle
of victory, the Parkersburg South High School football team won the
2003 Class AAA championship; and
Whereas, With their championship win, the Patriots ended the
season with a 13-1 record; and
Whereas, The coaching staff of the Parkersburg South High
School football team is commended for its outstanding leadership
ability; and
Whereas, The players on the Parkersburg South High School
football team are commended for their outstanding athletic ability,
team spirit and sportsmanship; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Parkersburg South
High School football team on winning the 2003 Class AAA
championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Parkersburg South High School
football team.
At the request of Senator Boley, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Petitions
Senator McCabe presented resolutions from the city councils of
South Charleston, Charleston and St. Albans, supporting Senate Bill
Nos. 290 and 293 (Creating Beverage Container Deposit Act), House
Bill No. 2761 (Providing for the use of certain returnable drink
containers) and House Bill No. 4147 (Providing for the use of
returnable containers for various drinking containers).
Referred to the Committee on Natural Resources.
Senator McCabe presented a petition from Kim Lilly and
numerous West Virginia residents, supporting Senate Bill Nos. 290
and 293 (Creating Beverage Container Deposit Act), House Bill No.
2761 (Providing for the use of certain returnable drink containers)
and House Bill No. 4147 (Providing for the use of returnable
containers for various drinking containers).
Referred to the Committee on Natural Resources.
Senator Oliverio presented resolutions from the city councils
of Morgantown and Fairmont, supporting Senate Bill Nos. 290 and 293
(Creating Beverage Container Deposit Act), House Bill No. 2761
(Providing for the use of certain returnable drink containers) and
House Bill No. 4147 (Providing for the use of returnable containers
for various drinking containers).
Referred to the Committee on Natural Resources.
Senator White presented resolutions from the Webster County
Commission, the Northern Webster County Improvement Council, Inc.,
the Holly River State Park Foundation, Inc., the Town of Addison,
the Webster County Association of Retired School Employees, the
Webster County Economic Development Authority and Webster Springs
Main Street, Inc., supporting Senate Bill Nos. 290 and 293
(Creating Beverage Container Deposit Act), House Bill No. 2761
(Providing for the use of certain returnable drink containers) and
House Bill No. 4147 (Providing for the use of returnable containers
for various drinking containers).
Referred to the Committee on Natural Resources.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Concurrent Resolution No. 43 (originating in the
Committee on Economic Development)--
Requesting the Joint Committee
on Government and Finance conduct a feasibility study of repealing
the current corporate license tax and replacing it with a fee to be
administered by the Secretary of State.
Whereas, The current corporate license tax is archaic,
confusing to businesses and difficult to administer; and
Whereas, Streamlining and updating the process to more
accurately reflect the true purpose of the reporting requirement would be less burdensome to businesses and more efficient; and
Whereas, An annual reporting requirement with an annual fee
could be administered by the Secretary of State to replace the
fiscal impact of the tax being repealed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a feasibility study of repealing the current
corporate license tax and replacing it with a fee to be
administered by the Secretary of State; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 240, Providing certain
public governing bodies need not require second to motion.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 240) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 271, Relating to racial
profiling data collection.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 271) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 526, Making supplementary appropriation
of public moneys from unappropriated surplus balance in general
revenue to division of rehabilitation services.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 526) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 526) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 276, Establishing marriage license discount
for applicants who complete approved premarital counseling.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 425, Establishing English as
official state language.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 509, Relating to property sold at sheriff's
sale.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
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, Wednesday, February 18, 2004, at 11 a.m.
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