WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
THIRTY-SEVENTH DAY
____________
Charleston, W. Va., Thursday, February 19, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Most Reverend Bernard W. Schmitt,
Bishop, Roman Catholic Diocese of Wheeling-Charleston, West
Virginia.
Pending the reading of the Journal of Wednesday, February 18,
2004,
On motion of Senator Ross, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 11, Requesting Division of
Highways name bridge crossing Ohio River on Route 35 "The Silver
Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 15, Requesting Division of
Highways name bridge on Route 33 East in Ripley "McGinley Memorial
Bridge".
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. 2914--A Bill to repeal §33-
10-27 of the code of West Virginia, 1931, as amended; to repeal
§33-24-15, §33-24-16, §33-24-17, §33-24-18, §33-24-19, §33-24-21,
§33-24-22, §33-24-23, §33-24-24, §33-24-25, §33-24-26, §33-24-27,
§33-24-28, §33-24-29, §33-24-30, §33-24-31, §33-24-32, §33-24-33,
§33-24-34, §33-24-35, §33-24-36, §33-24-37, §33-24-38, §33-24-39,
§33-24-40, §33-24-41 and §33-24-42 of said code; to amend and
reenact §33-10-1, §33-10-2, §33-10-3, §33-10-4, §33-10-10, §33-10-
11, §33-10-13, §33-10-14, §33-10-18, §33-10-19a, §33-10-26, §33-10-
28, §33-10-29, §33-10-30, §33-10-36, §33-10-38 and §33-10-39 of
said code; to amend said code by adding thereto ten new sections,
designated §33-10-4a, §33-10-4b, §33-10-4c, §33-10-4d, §33-10-4e,
§33-10-26a, §33-10-26b, §33-10-26c, §33-10-26d and §33-10-40; and
to amend and reenact §33-24-14 of said code, all relating to the
rehabilitation and liquidation of insurers subject to the
regulatory authority of the West Virginia insurance commissioner;
revising delinquency proceedings; clarifying what parties will be
affected upon the effective date of the revisions; expanding the
liquidators' powers; expediting hearings and appeals; modifying
current state law relative to liquidation proceedings so as to create conformity with recent federal case law; and making numerous
technical changes.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2004, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4001--A
Bill to repeal §18-
2F-1, §18-2F-2, §18-2F-3, §18-2F-4, §18-2F-5, §18-2F-6, §18-2F-7,
§18-2F-8 and §18-2F-9 of the code of West Virginia, 1931, as
amended; to repeal §18-20-7 of said code; to amend and reenact §18-
2E-5, §18-2E-5b and §18-2E-5c of said code; to amend and reenact
§18-20-5 of said code; to amend and reenact §18A-2-12 of said code;
to amend said code by adding thereto a new section, designated
§18A-2-12a; and to amend and reenact §18A-5-1 and §18A-5-1a, all
relating to the process for improving education and removing
impediments to improving performance and progress; making technical
references, grammatical corrections and stylistic changes;
refocusing school and county improvement plans; revising
performance measures and specifying their use; allowing optional
use of certain assessments; specifying use of efficiency
indicators; reorienting system or education performance audits;
changing policy for making on-site reviews of schools and school
systems; modifying provisions related to Office of education
performance audits to comport with more targeted use of performance
measures and on-site reviews; setting salary cap for office director at dollar amount; revising and adding items specified for
compliance documentation on checklist format; expanding on-site
exit conferences and specifying purpose; making certain findings
and excluding certain areas from review by performance audits;
further specifying conditions for student transfers from seriously
impaired schools; granting certain authority for real estate
transactions to state board during state intervention; clarifying
rights of principal removed from seriously impaired school;
removing obsolete provisions for review and report on system of
performance audits; making certain findings, listing code sections
repealed and listing policies for which the requirements or
authorization to promulgate are voided and state board is implored
to repeal; repealing incentives and results based scholarship;
repealing exceptional children compliance review teams; specifying
certain notice requirements by state board to process for improving
education council; limiting state rules, policies and standards for
exceptional children programs to federal requirements and directing
report of review and comparison of laws to legislative oversight
commission; restricting publication of lesson plans; setting forth
general statement on relations between county boards and school
personnel; and placing sole responsibility for proper student
discipline with county boards and requiring county board policies.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4250--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §55-7-21, relating to legal actions against
psychologists and psychiatrists appointed by a court to provide
expert testimony for child custody evaluations; providing standard
for good faith; providing for petition of review of evaluation;
providing for appointment of another psychologist or psychiatrist
to redo evaluations; and providing method for assigning costs of
proceedings.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4266--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §5F-4-1, §5F-4-2 and §5F-4-3, all relating to
requiring regulatory agencies of government to study ways to
expedite the issuance of licenses, permits and certificates and to
file a report with the Legislature with recommendations on how to
achieve greater expediency.
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. Com. Sub. for House Bill No. 4273--A Bill to amend and reenact §44-10-3, §44-10-4, §44-10-5 and §44-10-6 of the code of
West Virginia, 1931, as amended; to amend and reenact §51-2A-2 of
said code, all relating to the modification of procedures for the
appointment of guardians for minor children.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4338--A Bill to amend and
reenact §17A-3-14 of the code of West Virginia, 1931, as amended,
relating to registration plates; providing registration plates for
promoting education; Fairmont State College; West Virginia farmers;
native Americans; members of the 82nd airborne association;
survivors of wounds received in the line of duty as law enforcement
members; setting fees; exemptions from fees; extending the time
period for certain organizations to achieve the minimum number of
applicants for a registration plate; setting forth requirements to
obtain certain registration plates; and expanding the number of
registration plates certain persons may obtain.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2004, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4478--A Bill to amend and reenact §18-9-3a
of the code of West Virginia, 1931, as amended, relating to lengthening the time period within which county boards are required
to publish a year-end financial statement; and increasing the
threshold dollar amount paid to persons, firms and corporations
that must be revealed in the statement.
Referred to the Committee on Education.
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. 4479--A Bill to amend and reenact §9-2-1a
of the code of West Virginia, 1931, as amended, relating to
continuation of the department of health and human resources.
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. 4480--A Bill to amend and reenact
§22C-11-4 of the code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated
§22C-11-6, all relating to continuation of West Virginia's
participation in the interstate commission on the Potomac river
basin.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
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. 75, Increasing cost of bear damage stamp;
other provisions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 75 (originating in the Committee
on Natural Resources)--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; and expanding
the purposes for which the proceeds from a bear damage stamp may be
used.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill (Com. Sub. for S. B. No. 75), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 149, Relating generally to department of tax
and revenue.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 149 (originating in the
Committee on Government Organization)--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-2-20, §5A-2-21, §5A-2-
22, §5A-2-23, §5A-2-25, §5A-2-26, §5A-2-27, §5A-2-28, §5A-2-29,
§5A-2-30 and §5A-2-31 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, §5A-2-24 and §5A-2-32 of said
code; and 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 and §11B-2-31, 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.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 149), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 214, Authorizing board of landscape architects
to set certain fees by rule.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 214 (originating in the
Committee on Government Organization)--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.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Government Organization.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 260, Allowing design-build board to be reimbursed for certain expenses.
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 Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Government Organization pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 402, Relating to authority of board of risk
and insurance management to promulgate legislative rules.
And,
Senate Bill No. 532, Repealing section of code relating to
inspection of jails.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee Finance has had under consideration
Senate Bill No. 410, Providing educational opportunities to
certain children of deceased military.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 410 (originating in the
Committee on Finance)--A Bill to amend and reenact §18-19-1 of the
code of West Virginia, 1931, as amended, relating to including
children of deceased members of the armed forces or members of the
reserve components called to active duty by the president of the
United States for the purpose of entering into armed combat in the
educational opportunities appropriation; and removing requirement
that the children attend a state education or training institution.
And,
Senate Bill No. 513, Relating to jobs investment trust board.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 513 (originating in the
Committee on Finance)--A Bill to amend and reenact §12-7-4, §12-7-
6, §12-7-8a and §12-7-11 of the code of West Virginia, 1931, as
amended, all relating to the jobs investment trust board; removing
legislators from the board; expanding board powers; sale or
transfer of nonincentive tax credits; and providing that certain
documents be available for public inspection.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 415, Relating to disposition of state surplus
property.
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 Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Government Organization pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4011, Bringing the West Virginia personal
income tax act into conformity with the federal income tax.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
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 Senator Chafin:
Senate Bill No. 562--A Bill to amend and reenact §11A-1-17 of
the code of West Virginia, 1931, as amended, relating to increasing
the maximum amount of the commission a sheriff may receive for
collecting taxes.
Referred to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 563--A Bill to amend and reenact §5-10-2,
§5-10-17, §5-10-21, §5-10-23, §5-10-26, §5-10-27 and §5-10-44 of
the code of West Virginia, 1931, as amended, all relating to the
rights of members to select a plan beneficiary; requiring
certification of disability and copy of tax return from those
persons receiving disability retirement payments; providing that
interest is to be included in the calculation of terminal benefits
payable as the result of death of retired participants;
alphabetizing definitions; defining service credit for certain
employees; adding definition of "employer error"; and providing
guidance on correcting employer errors.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Tomblin (Mr. President), Minard, Sharpe, Snyder,
Kessler, Weeks, Minear, Guills, Bailey, Hunter, Ross, Dempsey and
Caldwell:
Senate Bill No. 564--A Bill to amend and reenact §33-20F-7 of
the code of West Virginia, 1931, as amended, relating to payment by
physicians licensed to practice medicine in this state of
assessment required for the physicians' mutual insurance company;
failure to pay said assessment by the thirtieth day of June, two
thousand four; suspension of license; and reinstatement of license
upon payment to the appropriate licensing board.
Referred to the Committee on the Judiciary.
By Senators Fanning and Caldwell:
Senate Bill No. 565--A Bill to amend and reenact §47-20-23 of
the code of West Virginia, 1931, as amended; and to amend and
reenact §47-21-21 of said code, all relating to charitable bingo
and charitable raffles; and allowing game proceeds to be
transferred, by check, between raffle and bingo accounts to offset
losses.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Guills, Minard, Bowman, Harrison, Deem,
Snyder, Smith, Minear, Prezioso, Oliverio, Weeks, Facemyer, Boley,
Sharpe, Bailey, Hunter, Ross, Fanning, Love, McKenzie, Dempsey,
Jenkins, Sprouse, Edgell, Plymale and Unger:
Senate Bill No. 566--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-30, relating to establishing the "Unborn Victims
of Violence Act"; recognizing a fetus as a person for purposes of
being a victim of certain crimes of violence against the person;
specifying penalties; providing definitions and exceptions; certain
convictions not barred; and severability.
Referred to the Committee on the Judiciary.
By Senators Rowe and McCabe:
Senate Bill No. 567--A Bill to amend and reenact §44-5-15 of
the code of West Virginia, 1931, as amended, relating to
irrevocable trusts.
Referred to the Committee on the Judiciary.
By Senators Harrison, Rowe and Hunter:
Senate Bill No. 568--A Bill to amend and reenact §11-21-10 of
the code of West Virginia, 1931, as amended, relating to personal
income tax; and tying the low-income exclusion to federal poverty
guidelines.
Referred to the Committee on Finance.
By Senator McCabe:
Senate Bill No. 569--A Bill to amend and reenact §44-5-15 of
the code of West Virginia, 1931, as amended, relating to clarifying
and preserving the irrevocability of trusts that have been drafted
to be irrevocable.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Ross, Love, Minard, Oliverio, Sharpe,
Boley, Edgell, Harrison, Helmick, Jenkins, Sprouse, Kessler, Bailey, Chafin, McKenzie, Minear, Dempsey, Weeks, Guills, Facemyer,
Smith, Plymale, Deem, Fanning, Hunter, Bowman, Caldwell and Unger:
Senate Bill No. 570--A Bill to amend and reenact §16-2F-3 of
the code of West Virginia, 1931, as amended, relating to parental
notification requirements for abortions performed on unemancipated
minors; waiver; notice to minor of right to petition to circuit
court; minor to be referred for counseling; and specifying where
notice not required.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Love, Fanning and Jenkins:
Senate Bill No. 571--A Bill to amend and reenact §12-3-10c of
the code of West Virginia, 1931, as amended, relating to
clarification of utilization of the transaction fee.
Referred to the Committee on Finance.
By Senators Rowe and McCabe:
Senate Bill No. 572--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5B-2-7a, relating to developing a statewide tourism
destination development plan.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Rowe and McCabe:
Senate Bill No. 573--A Bill to amend and reenact §31-15-2 and
§31-15-3 of the code of West Virginia, 1931, as amended, all
relating to providing a procedure for the economic development authority to address employment and economic development problems
of minority populations of this state.
Referred to the Committee on Economic Development.
By Senators Sprouse, Weeks, McKenzie and Rowe:
Senate Joint Resolution No. 8--
Proposing an amendment to the
Constitution of the State of West Virginia, relating to authorizing
the Legislature to issue and sell state bonds not exceeding the
aggregate amount of two hundred fifty million dollars to be used
for financing flood mitigation projects in this state; numbering
and designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
Referred to the Committee on Finance.
Petitions
Senators Love and White presented a petition from Michael
Landis and numerous West Virginia residents, supporting Senate Bill
No. 566 (Establishing Unborn Victims of Violence Act)
and House
Bill No. 4518 (Unborn Victims of Violence Act).
Referred to the Committee on the Judiciary.
Senators Hunter and Minear presented a petition from Barbara
Kelley and numerous West Virginia residents, requesting the TRACS
Mobile Spay/Neuter Clinic van be permitted to travel statewide to
provide low-cost spay/neuter services
.
Referred to the Committee on Agriculture.
Senator Rowe presented a petition from Jeanna Coyner and
numerous Kanawha County residents, supporting consumer protection
legislation relating to the insurance industry.
Referred to the Committee on Banking and Insurance.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 574 (originating in the Committee on
Government Organization)--A Bill
to amend and reenact §60-2-11 of
the code of West Virginia, 1931, as amended, relating generally to
powers and duties of the alcohol beverage control commissioner;
allowing commissioner to sell liquor warehouse, upon approval of
governor and board of public works, when sale is in best interest
of state; and making technical corrections.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 575 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §17A-6-18b of
the code of West Virginia, 1931, as amended, relating to continuation of the motor vehicle dealers advisory board.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 576 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §29-18-24 of
the code of West Virginia, 1931, as amended, relating to
continuation of the West Virginia state rail authority.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 577 (originating in the Committee on
Government Organization)--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §30-19-11, relating to continuation of the board of
registration for foresters.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 578 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §5-22A-15 of
the code of West Virginia, 1931, as amended, relating to the
continuation of the design-build board.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 579 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §15-12-2, §15-12-2a,
§15-12-3, §15-12-5, §15-12-6 and §15-12-8 of the code of West Virginia, 1931, as amended, all relating to sex offender
registration; adding information related to motor vehicles owned or
operated by a registrant to the registry; requiring registration
upon conviction or release from custody; providing that sexually
violent predators may petition for removal from the registry only
if an underlying conviction is reversed, vacated or set aside;
clarifying permissible disclosure of information on the registry;
clarifying duties of institution officials and persons required to
register and provide information of changes; and providing
penalties.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the seventh order of business.
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".
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 44, Requesting Joint
Committee on Government and Finance study issues concerning shortage of qualified nursing personnel.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 45, Requesting Joint
Committee on Government and Finance study overtime policies for
health care workers in state hospitals.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the ninth order of business.
Senate Bill No. 147, Relating to transfer of lottery surplus
net profits.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section eighteen-c, line one, by striking out the
words "any fiscal year" and inserting in lieu thereof the words
"the fiscal year beginning on the first day of July, two thousand
four, and ending on the thirtieth day of June, two thousand five,";
On page two, section eighteen-c, line three, by striking out
the word "cabinet";
On page two, section eighteen-c, line twelve, by striking out
the word "cabinet";
On page two, section eighteen-c, lines nineteen and twenty, by
striking out the words "the last clause of";
And,
On page three, section eighteen-c, lines twenty-four and
twenty-five, by striking out the words "shall control" and
inserting in lieu thereof the word "controls".
The bill (S. B. No. 147), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 160, Extending time to appropriate money from
public employees insurance agency reserve fund to bureau of medical
services.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 321, Providing personal income tax adjustment
to gross income of certain retirees.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 444, Requiring county litter control officers
to enforce litter laws.
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. 505, Creating motor vehicle
classification of "low-speed vehicle".
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 tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Senate Bill No. 317, Increasing parolee supervision fee.
Eng. House Bill No. 4012, Bringing the West Virginia
corporation net income tax act into conformity with federal income
tax.
Eng. House Bill No. 4287, Eliminating the provision of law
limiting seniority rights for classified employees when funding the
annual salary increment results in employee layoffs.
Eng. House Bill No. 4348, Expiring funds to the treasurer's
office, banking services from the treasurer's office, unclaimed
property trust fund.
And,
Eng. House Bill No. 4349, Relating generally to consumers
sales and service tax.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators McKenzie, Deem, Kessler, Rowe,
Chafin and Sprouse.
At the request of Senator Edgell, and by unanimous consent,
the Senate returned to the eleventh order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 20, 2004, at 11 a.m.
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