Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
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. 148, Creating Tax Amnesty Program of 2004.
And,
Eng. House Bill No. 4132, Relating to the West Virginia
guaranteed work force program.
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
Com. Sub. for Senate Bill No. 320, Redefining law relating to
modular homes.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 563, Relating to public employees retirement
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,
Evan H. Jenkins,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
The Senate again proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Love and McKenzie:
Senate Bill No. 619--
A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §25-1-11f; and to amend and reenact §31-20-27 of said
code, all relating to establishing a salary schedule for officers
and employees of corrections institutions.
Referred to the Committee on Finance.
By Senators Guills, Rowe and Kessler:
Senate Bill No. 620--A Bill to amend and reenact §6-9A-11 of the code of West Virginia, 1931, as amended, relating to giving
precedential application to advisory opinions issued by the
committee on open governmental meetings.
Referred to the Committee on the Judiciary.
By Senators Chafin, McKenzie and Unger:
Senate Bill No. 621--A Bill to amend and reenact §7-7-4 of the
code of West Virginia, 1931, as amended, relating to increasing
circuit clerks' and county clerks' salaries.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Smith, Harrison and Weeks:
Senate Bill No. 622--A Bill to amend and reenact §18-2-9 of
the code of West Virginia, 1931, as amended, relating to required
courses of school instruction generally; requiring the accumulation
of one and one-half years of instruction in the study of the
Declaration of Independence and other founding American historical
documents including the Bill of Rights, before high school
graduation; requiring study of the historical, political and social
environments at the time these documents were generated; and
prohibiting study of social problems, economics, foreign affairs,
the United Nations, world government, socialism or communism until
basic courses in American state and local geography and history are
completed.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Smith, Harrison, Weeks and Caldwell:
Senate Bill No. 623--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-6-17, relating to public buildings and encouraging
public officials to prominently display the national motto on all
public property, public buildings and all buildings designed,
constructed and maintained with public funds from the state, a
county or a municipality.
Referred to the Committee on the Judiciary.
By Senator Tomblin (Mr. President):
Senate Bill No. 624--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §6C-2-1, §6C-2-2, §6C-2-3, §6C-2-4, §6C-2-5, §6C-2-6 and
§6C-2-7; and to amend and reenact §15-2C-1 and §15-2C-4 of said
code, all relating to requiring state employing units to conduct
background checks on prospective employees, employees considered
for promotions or transfers and individuals seeking to provide
services through personal service contracts.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator McCabe:
Senate Bill No. 625--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5, §29-
3D-6, §29-3D-7, §29-3D-8 and §29-3D-9, all relating to regulating
plumbers and fire protection workers to ensure these professionals
are competent and that their respective work products are safe and meet minimum standards within the particular field of expertise;
requiring plumbers and fire protection workers to be licensed;
defining terms pertinent to the proposed legislation; providing
certain exemptions to the requirement of a license; requiring the
state fire marshal to make applications available to persons
subject to the provisions of the proposed legislation in order to
assess competency; providing for the payment of certain fees for
certain licenses; setting forth the powers and duties of the fire
marshal under the provisions of the proposed legislation; listing
criteria to be considered in denying, suspending or revoking any
license authorized under the provisions of the proposed
legislation; setting forth criminal penalties for noncompliance
with the provisions of the proposed legislation; and providing that
no political subdivision of the state may mandate additional
licensing requirements in addition to the requirements set forth in
the proposed article.
Referred to the Committee on Energy, Industry and Mining.
By Senators Snyder and McKenzie:
Senate Bill No. 626--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-6-7, relating to creation of a physicians lien act;
effect of lien; records of physician; priority of liens; and
exclusion of health insurance benefits.
Referred to the Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 627--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9h; to amend and reenact §11-16-13 of said code;
to amend and reenact §11-17-3 of said code; to amend and reenact
§60-3A-17 of said code; and to amend and reenact §60-8-4 of said
code, all relating to enacting the "Family Meal Tax Relief Act of
2004"; reducing six percent sales tax on packaged food and
fresh-grown food sold for human consumption off the premises where
sold in two successive fiscal years by one percent each year;
increasing tax on beer to twelve percent of the wholesale price;
establishing container tax on containers of nonintoxicating beer;
exempting beer tax on beer consumed or sold at retail at the
premises of a brewpub; increasing tax on tobacco products other
than cigarettes to fourteen percent of the wholesale price of each
article or item; increasing tax on cigarettes effective the first
day of July, two thousand five, to thirty-one percent of the
wholesale price on each twenty cigarettes; providing for a
wholesale markup of liquor prices in order to produce the general
revenue fund at least sixteen million dollars; setting the rate of
liter tax on wine at seven percent of the wholesale price; and
providing for the tax commissioner to promulgate rules for the
implementation of the act.
Referred to the Committee on Finance.
By Senators Harrison and Boley:
Senate Bill No. 628--A Bill to amend and reenact §16-2B-2 of
the code of West Virginia, 1931, as amended, relating to
prohibiting family planning centers in West Virginia that receive state funding from discussing abortion or abortion referrals.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 629--A Bill to repeal §44-2-2 of the code of
West Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated §41-5-1a; to amend and reenact
§44-1-1, §44-1-6 and §44-1-14a of said code; to amend said code by
adding thereto a new section, designated §44-1-4a; and to amend and
reenact §44-2-1 of said code, all relating to decedents and their
estates generally; creating the "Small Estate Probate Relief Act of
2004"; providing record notice of death; permitting personal
representatives to qualify without appearing personally;
eliminating administration of small uncontested estates of one
hundred fifty thousand dollars or less in assets exclusive of real
estate assets; modifying the time of publication of notice of the
filing of an appraisement; modifying the contents of notice of
probate of estates; allowing estates having a value of one hundred
fifty thousand dollars to be probated without reference to a
fiduciary commissioner; permitting county commissions to promulgate
fees for fiduciary commissioners; and standardizing certain
provisions governing probate which relate to fiduciary supervisors
and county clerks.
Referred to the Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 630--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §49-6A-2a, relating to requiring the department of
health and human resources to develop a procedure to notify
licensed professionals who are mandated to report child abuse and
neglect of the disposition of the investigation into the report.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Snyder:
Senate Bill No. 631--A Bill to amend and reenact §19-15-1 of
the code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §19-15-16a, all
relating to the West Virginia fertilizer law; definitions; and
political subdivisions not to regulate packaging, labeling, sale,
storage, distribution, use or application of fertilizers.
Referred to the Committee on Agriculture.
By Senator Weeks:
Senate Bill No. 632--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17C-24-1 and §17C-24-2, all relating to requiring
persons who operate all-terrain vehicles on public property who are
under the age of eighteen years to wear helmets; prohibiting
persons under the age of sixteen from operating all-terrain
vehicles with motors of ninety-one cubic centimeters or greater;
prohibiting passengers on all-terrain vehicles unless a vehicle is
made to accommodate additional passengers pursuant to
manufacturer's recommendations; prohibiting operation of all-terrain vehicles unless a vehicle is equipped with mufflers and
spark arrestors; providing that counties and municipalities may, by
ordinance, provide stricter or less strict regulation of operators
of all-terrain vehicles; prohibiting all-terrain vehicles from
operating on paved public roads or highways with certain
exceptions; and providing penalties for violations.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senators Plymale and Jenkins:
Senate Bill No. 633--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §18B-2A-6 and §18B-2A-7, all relating to higher
education; protecting as confidential electronic mail addresses in
the system; and protecting against unwanted electronic mail to
institutions of higher education.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 634--A Bill to amend and reenact §3-4A-9 of
the code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §3-4A-10b, all relating
to requiring that electronic voting machines are capable of
printing out a verifiable record of the votes cast by a voter; and
providing that each voter who receives the print-out, in turn,
hands the document to the appropriate poll worker to be preserved
in the event of a contested election or recount.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 635--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17C-3-5a, relating to providing that a driver of a
motorcycle, encountering a traffic-control signal exhibiting a red
light that utilizes a vehicle detection device which is inoperative
due to the size of the motorcycle may proceed with caution; and
providing that the mere belief that a traffic-control signal was
inoperative due to an inoperative vehicle detection device, when in
fact that was not the case, is not a defense to running a red
light.
Referred to the Committee on Transportation; and then to the
Committee on the Judiciary.
By Senator Plymale:
Senate Bill No. 636--
A Bill to amend and reenact §18-7A-13a of
the code of West Virginia, 1931, as amended, relating to employment
of members of the teachers' defined benefit retirement system by
institutions of higher education following the retirement of the
member.
Referred to the Committee on Education.
By Senator Snyder:
Senate Bill No. 637--
A Bill to amend and reenact §37-15-3 of
the code of West Virginia, 1931, as amended, relating to factory-
built homes; statutorily required written rental and occupancy
agreement; and modification of the written requirements to permit a landlord to amend a rental agreement if the amendments do not
conflict with the statute.
Referred to the Committee on the Judiciary.
By Senator Ross:
Senate Bill No. 638--A Bill to amend and reenact §17A-3-14 of
the code of West Virginia, 1931, as amended, relating to
authorizing a special license plate commemorating the centennial
anniversary of the creation of Davis and Elkins college.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senator White:
Senate Bill No. 639--A Bill to amend and reenact §17C-15-50 of
the code of West Virginia, 1931, as amended, relating to
installation of a new air bag in a motor vehicle to replace a
deployed air bag; requiring the installer to submit a "certificate
of installation" to the owner of the vehicle and to the division of
motor vehicles; and penalty.
Referred to the Committee on the Judiciary.
By Senator Harrison:
Senate Bill No. 640--A Bill to amend and reenact §18C-7-1,
§18C-7-2, §18C-7-3, §18C-7-4, §18C-7-5, §18C-7-6, §18C-7-7,
§18C-7-8 and §18C-7-9 of the code of West Virginia, 1931, as
amended, all relating to renaming the PROMISE scholarship program
the PROMISE forgivable student loan program.
Referred to the Committee on Education.
By Senator Rowe:
Senate Bill No. 641--A Bill to amend and reenact §48-23-102 of
the code of West Virginia, 1931, as amended, relating to the mutual
consent voluntary adoption registry; providing for the release of
identifying information about birth siblings to an adult adoptee;
and setting forth conditions for such release.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Rowe and Unger:
Senate Bill No. 642--A Bill to amend and reenact §11-1-2 of
the code of West Virginia, 1931, as amended, relating to
authorizing the tax commissioner to provide certain tax relief
measures in cases where a taxpayer's property is damaged, destroyed
or rendered unuseable as a result of a declared state of emergency
or disaster; proposal of legislative rules; and limitations.
Referred to the Committee on Finance.
By Senator Rowe:
Senate Bill No. 643--A Bill to amend and reenact §24A-2-6 of
the code of West Virginia, 1931, as amended, relating to carriers
for hire; and providing for the regulation of intrastate driving
hours of for-hire carriers by excluding taxicab and limousine
drivers if they are regulated by the public service commission.
Referred to the Committee on the Judiciary.
By Senators McCabe, Prezioso, Unger, White, Minard, Boley,
Plymale, Snyder, Tomblin (Mr. President), Chafin, Love, Ross,
Sharpe, Guills, Jenkins, Minear, Sprouse, Dempsey, Bowman, Fanning,
Rowe, Kessler, Oliverio, Weeks, Helmick and McKenzie:
Senate Bill No. 644--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9h, relating to consumers sales and service tax;
and creating exemptions for e-commerce vendors, computer hardware
and software developers, internet service companies, electronic
data processors, educational software, internet advertising and
other e-commerce and high-technology companies.
Referred to the Committee on Finance.
By Senator Tomblin (Mr. President):
Senate Bill No. 645--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §14-2-4a, relating to providing a procedure for
appointing an interim judge to the court of claims when a sitting
judge is temporarily unable to serve.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Harrison and Boley:
Senate Bill No. 646--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-2F-10, relating to hospitals not being required to
perform abortions unless the mother's life is in imminent danger.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Harrison (By Request), Smith and Weeks:
Senate Bill No. 647--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §48-28-1, §48-28-2 and §48-28-3, all relating to custody
of minor child or children when one spouse murders the other
spouse.
Referred to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 648--A Bill to amend and reenact §3-1-16 of
the code of West Virginia, 1931, as amended; to amend and reenact
§3-4A-11 and §3-4A-11a of said code; to amend said code by adding
thereto a new section, designated §3-5-6a; to amend and reenact §3-
5-7, §3-5-13 and §3-5-13a of said code; and to amend said code by
adding thereto a new section, designated §3-6-2a, all relating to
nonpartisan election of justices of the supreme court of appeals;
timing and frequency of election; ballot design and printing;
separation from partisan ballot; nonpartisan election of justices;
filing announcement of candidacies; withdrawal of announcement of
candidacies; refund of paid filing fees; and ballot content and
form.
Referred to the Committee on the Judiciary.
By Senator Weeks:
Senate Bill No. 649--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §22-25-1, §22-25-2, §22-25-3, §22-25-4, §22-25-5, §22-
25-6, §22-25-7, §22-25-8, §22-25-9, §22-25-10, §22-25-11, §22-25-12
and §22-25-13, all relating to establishing a program to encourage
voluntary reclamation of lands adversely affected by mining or oil
and gas extraction by limiting the liability which could arise as a result of the voluntary reclamation of abandoned lands or
reduction and abatement of water pollution; stating legislative
purpose and intent; setting forth legislative findings; providing
definitions for applicable terms; defining eligibility for the
protections and immunities of the proposed legislation; setting
forth specific exemptions from liability for landowners; setting
forth specific exemptions from liability for persons who provide
equipment at no cost or at cost for a reclamation project; and
providing exceptions to coverage under the proposed legislation.
Referred to the Committee on Energy, Industry and Mining.
By Senator Plymale:
Senate Bill No. 650--A Bill to amend and reenact §18-9A-10,
§18-9A-11 and §18-9A-13b of the code of West Virginia, 1931, as
amended, all relating to public school support; addressing the
allowances for capacity building and safe schools; and providing
salary enhancements.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Chafin:
Senate Bill No. 651--A Bill to amend and reenact §7-7-8 of the
code of West Virginia, 1931, as amended, relating to the
appointment and election of public officers generally; and
precluding the use of privately retained prosecutors or assistant
prosecutors.
Referred to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 652--A Bill to amend and reenact §3-5-7 of the
code of West Virginia, 1931, as amended, relating to requiring six
months' residency for certain candidates for public office.
Referred to the Committee on the Judiciary.
By Senators Jenkins and Chafin:
Senate Bill No. 653--
A Bill to amend and reenact §51-9-4 of
the code of West Virginia, 1931, as amended, relating to judges and
justices generally; providing that a judge becoming eligible for
retirement is not required to contribute to the retirement system;
and clarifying that, for judicial retirement purposes, credited
service includes certain time served as an elected or appointed
prosecuting attorney, assistant prosecuting attorney, municipal
judge or qualified military service.
Referred to the Committee on Pensions; and then to the
Committee on Finance
.
By Senator Chafin:
Senate Bill No. 654--
A Bill to amend and reenact §8-29A-2 of
the code of West Virginia, 1931, as amended, relating to allowing
one member of a county airport authority to be a citizen of a
county contiguous to the county in which the authority is located
regardless of state of residence.
Referred to the Committee on Government Organization.
By Senator Chafin:
Senate Bill No. 655--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §62-1E-1, §62-1E-2 and §62-1E-3, all relating to criminal procedure generally; creating the "Custodial Interrogation
Evidence Protection Act"; requiring certain statements made by
suspects in a custodial setting to be recorded; and providing
exceptions.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 656--A Bill to amend and reenact §15-5A-4,
§15-5A-5 and §15-5A-7 of the code of West Virginia, 1931, as
amended, all relating to clarifying the members of the state
emergency response commission and the local emergency planning
committee; and increasing the cap on the inventory form fee.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
On motion of Senator Chafin, the Senate recessed for ten
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 resolutions were introduced, read by their titles, and
referred to the appropriate committees:
By Senator Plymale:
Senate Bill No. 657--A Bill to repeal §18B-1A-8 of the code of
West Virginia, 1931, as amended; to repeal §18B-1B-7 of said code;
to repeal §18B-4-1 of said code; to amend and reenact §18B-1-1,
§18B-1-2, §18B-1-3 and §18B-1-6 of said code; to amend and reenact
§18B-1A-2, §18B-1A-4 and §18B-1A-5 of said code; to amend and reenact §18B-1B-1, §18B-1B-2, §18B-1B-4, §18B-1B-5 and §18B-1B-6 of
said code; to amend and reenact §18B-2A-1, §18B-2A-3 and §18B-2A-4
of said code; to amend said code by adding thereto two new
sections, designated §18B-2A-6 and §18B-2A-7; to amend and reenact
§18B-2B-2, §18B-2B-4, §18B-2B-6 and §18B-2B-7 of said code; to
amend and reenact §18B-2C-3 and §18B-2C-4 of said code; to amend
and reenact §18B-3C-2, §18B-3C-3, §18B-3C-4, §18B-3C-5, §18B-3C-6,
§18B-3C-8, §18B-3C-9, §18B-3C-10 and §18B-3C-12 of said code; to
amend and reenact §18B-4-2 of said code; to amend and reenact
§18B-6-1 of said code; to amend said code by adding thereto a new
section, designated §18B-7-12; to amend and reenact §18B-9-1 and
§18B-9-2 of said code; and to amend and reenact §18C-1-1 of said
code, all relating to education generally; higher education
governance; post-secondary education; creating multicampus
universities and designating branch campuses; creating a system of
community and technical colleges and designating institutions
within the system; clarifying the role of the higher education
policy commission and the West Virginia council on community and
technical colleges; providing definitions; providing for transfer
of rules to council and certain governing boards; setting limits on
commission's rule-making authority; granting rule-making authority
to council and university governing boards in certain instances;
requiring promulgation of rule on rules; clarifying responsibility
for developing and approving institutional compacts and master
plans; requiring university governing boards to develop plan for
centers of excellence and incorporate plans in compacts and master plans; requiring council and certain governing boards to establish
benchmarks and indicators by legislative rule and providing for
filing emergency rules; clarifying contents of rules; providing
authority for council to determine sufficiency of funds to meet
goals of institutional compacts and make recommendations; requiring
council and university governing boards to develop annual budget
for institutions under their jurisdiction; clarifying authority to
allocate certain higher education incentive funds; deleting or
limiting certain powers of the commission; authorizing university
governing boards to establish research advisory councils;
specifying that all governance issues not assigned to the
commission or the council are the responsibility of the governing
boards; clarifying membership, eligibility and terms of office for
commission members; adding executive director of the council to
commission membership; clarifying powers and duties of commission
and council; specifying authority of commission over capital
projects; clarifying budget authority of commission; authorizing
council and university governing boards to make appointments to
boards and commissions; directing council and university governing
boards to develop rules on personnel administration and tuition and
fee policy; providing for development and approval of institutional
operating budgets, allocation of resources and distribution of
incentive funds; providing for licensing and oversight of certain
types of post-secondary institutions; clarifying employee titles
and designating chief executive officers of commission and council
as executive directors; requiring commission to employ an executive director; adding qualifications for position of executive director
of commission; removing authority from commission to employ vice
chancellor of community and technical college education and
workforce development; providing for commission to employ senior
administrator by date certain; providing for council to advise and
consent in employment of senior administrator; removing reference
to vice chancellor for state colleges; providing for appointment
and evaluation of administrative heads of institutions; providing
for appointment of chancellors by university governing boards;
designating baccalaureate institutions as university branch
campuses; providing for advisory boards at branch campuses;
clarifying status of regional campuses; providing for governing
boards at universities and community and technical colleges;
specifying membership on governing boards; specifying authority of
commission over governing boards and clarifying relationship with
state board of education; authorizing commission to facilitate
agreement among council and governing boards on selection of
teacher education accreditation standard; specifying reporting
requirements for commission, council and governing boards;
authorizing university governing boards to acquire legal services;
providing powers and duties specific to university governing
boards; directing certain university governing boards to create
centers of excellence at branch campuses; requiring meeting by date
certain, development and submission of strategic plans; authorizing
contractual agreements; directing redefinition of certain mission
and budget priorities; requiring council to employ an executive director and establishing employment conditions; providing for
maintenance of employee benefits; clarifying membership,
eligibility and terms of office for council members and elected
officers; increasing number of council members; providing powers
and duties specific to the council; making the council accountable
to governor and Legislature for advancing public policy agenda for
community and technical colleges and requiring reports and
recommendations; requiring guidelines for capital projects;
authorizing council to make decisions on tuition and fee increases
at certain institutions; requiring certain institutions to obtain
consent of council when appointing presidents; requiring council to
propose rule on allocation of federal vocational education funds
and requiring prior agreement of state board of education;
providing general powers and duties in relation to vocational
education; authorizing council to withdraw powers of certain
governing boards; providing conditions and limitations; setting out
powers and duties of executive director of council; providing for
staff support for council; directing that no employee be terminated
as result of governance changes until a date certain; authorizing
council to create West Virginia community and technical college;
providing conditions, requirements and purposes; requiring
community and technical colleges to become independently accredited
by date certain; authorizing governing boards of community and
technical colleges to appoint presidents of institutions; creating
community and technical college consortia planning districts;
designating a community and technical college as facilitator in each district; providing for cooperation and collaboration among
public and private institutions within a consortia planning
district; requiring council to develop guidelines for consortia
planning districts; clarifying terms in community and technical
college education; clarifying status and designations of
administratively linked community and technical colleges; requiring
that contracts for service between administratively linked
community and technical colleges and sponsoring institutions be
approved by the council; creating advantage valley community and
technical college; integrating certain community and technical
colleges into advantage valley community and technical college by
date certain; requiring council to file rules on community and
technical college flexibility; clarifying tuition and fees
requirements for community and technical colleges; clarifying
relationship between administratively linked community and
technical colleges and sponsoring institutions; providing for
transfer of certain employees to jurisdiction of commission;
clarifying supervision of commission employees and clarifying
powers and duties of senior administration; providing for boards of
advisors at branch campuses on date certain; clarifying membership,
eligibility and terms of office for advisory boards; clarifying
powers and duties of advisory boards; requiring commission, council
and university governing boards to manage personnel functions by
certain date; and clarifying personnel classification terms.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Sprouse and Weeks:
Senate Bill No. 658--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-42-9, relating to ensuring that medical workers have
the right to refuse to participate in any abortion-related activity
without fear of disciplinary action or dismissal; and prescribing
criminal penalties for violations of the section.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 659--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §33-16E-1, §33-16E-2, §33-16E-3, §33-16E-4, §33-l6E-5
and §33-16E-6, all relating to requiring health insurance plans to
cover the cost of smoking cessation services for its covered
people.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Boley, Minear and Sprouse (By Request):
Senate Bill No. 660--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §49-2B-19, relating to foster parents' bill of rights.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Boley, Minear and Sprouse (By Request):
Senate Bill No. 661--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §49-6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49-
6F-6 and §49-6F-7, all relating to the establishment of a citizen
review panel to review the procedures of child protective services;
providing for the composition and duties of membership; providing
for confidentiality requirements; providing for expense
reimbursement; providing for civil penalties; and providing for
immunity from liability.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Boley, Minear and Sprouse (By Request):
Senate Bill No. 662--A Bill to amend and reenact §49-2-14 of
the code of West Virginia, 1931, as amended, relating to rights of
foster parents and certain relatives in child adoption procedures.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Caldwell, Snyder and Kessler:
Senate Bill No. 663--A Bill to amend and reenact §16-5C-15 of
the code of West Virginia, 1931, as amended; to amend and reenact
§16-5D-15 of said code; to amend said code by adding thereto a new
section, designated §16-5E-7; and to amend and reenact §16-5N-15 of
said code, all relating to protection of the elderly generally; and
prohibiting certain long-term care and assisted living facilities
from soliciting or coercing residents into giving them money or
other assets.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 664--A Bill to amend and reenact §9-2-6 of the
code of West Virginia, 1931, as amended, relating to subpoena power
for the board of review.
Referred to the Committee on the Judiciary.
By Senator Caldwell:
Senate Bill No. 665--A Bill to amend and reenact §7-7-4 of the
code of West Virginia, 1931, as amended, relating to increasing
circuit clerks' salaries.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Kessler:
Senate Bill No. 666--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §9-2-6b, relating to the creation of an office of
inspector general within the department of health and human
resources.
Referred to the Committee on Government Organization.
By Senator Kessler:
Senate Bill No. 667--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-2-20, relating to the authority of the commissioner
of insurance regarding withdrawal from the state by insurance
companies.
Referred to the Committee on Banking and Insurance.
By Senator Snyder:
Senate Bill No. 668--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §7-20-11, relating to authorizing municipalities to
utilize the provisions of article twenty, chapter seven of said
code.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Boley, Minear and Sprouse (By Request):
Senate Bill No. 669--A Bill to amend and reenact §49-2-14 of
the code of West Virginia, 1931, as amended, relating to clarifying
the procedure for removal of a child from a foster home.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators McKenzie and Bowman:
Senate Bill No. 670--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §8-22A-1, §8-22A-2, §8-22A-3, §8-22A-4, §8-22A-5, §8-
22A-6, §8-22A-7, §8-22A-8, §8-22A-9, §8-22A-10, §8-22A-11, §8-22A-
12, §8-22A-13 and §8-22A-14, all relating to the West Virginia
municipal pension plan funding standard and recovery act; providing
for declaration of policy, legislative findings and legislative
intent; providing for definitions; providing for the issuance of
bonds to fund the payment of annual benefits of certain policemen's
pension and relief funds and certain firemen's pension and relief
funds; providing for the issuance of bonds to amortize the unfunded
actuarial accrued liability of certain policemen's pension and
relief funds and certain firemen's pension and relief funds; providing for the method of bond issuance and the manner of sale of
bonds; providing authority to enter into contracts with
bondholders; providing for the terms and provisions of bonds, trust
indentures and other agreements; providing for refunding bonds;
providing for pledges and covenants relating to bonds; providing
for legal remedies of bondholders; providing that bonds are
negotiable instruments; providing that bonds are legal investments
in the state; providing that bonds and the income therefrom are
exempt from taxation in the state; providing that prior to the
issuance of the first series of bonds by any municipality, such
municipality shall request a resolution of the Legislature
affirming the ability of the municipality to issue the proposed
bonds; and providing for severability of provisions of this
article.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Ross and Love:
Senate Bill No. 671--A Bill to amend and reenact §4-11A-4 and
§4-11A-5 of the code of West Virginia, 1931, as amended, all
relating to the appeal bond that master settlement agreement
signatories must post to stay the execution of a judgment pending
appeal; and providing for effective date of this amendment.
Referred to the Committee on the Judiciary.
By Senator Tomblin (Mr. President) (By Request):
Senate Bill No. 672--A Bill to amend and reenact §8-18-22 of
the code of West Virginia, 1931, as amended; to amend and reenact §8-19-12a of said code; to amend and reenact §8-20-10 of said code;
and to amend and reenact §16-13-16 of said code, all relating to
municipalities; public utility services; modifying deposit;
providing refund of deposit with interest; and requiring owners of
property abutting municipal sewer to pay municipal sewer fees
regardless of connection.
Referred to the Committee on the Judiciary.
By Senator Ross:
Senate Bill No. 673--A Bill to amend and reenact §17C-17A-1,
§17C-17A-3 and §17C-17A-6 of the code of West Virginia, 1931, as
amended, all relating to reporting requirements on coal resource
transportation roads; and removing the reporting requirement for
vehicles hauling coal on roads that are not part of the coal
resource transportation road system.
Referred to the Committee on Transportation.
By Senator Sprouse:
Senate Bill No. 674--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §48-10A-101 and §48-10A-102; and to amend and reenact
§51-2A-2 of said code, all relating to family court jurisdiction
generally; and providing a special habeas corpus proceeding for
grandparents to obtain visitation or custody in respect to certain
infant grandchildren.
Referred to the Committee on the Judiciary.
By Senators Ross and Love:
Senate Bill No. 675--A Bill to amend and reenact §17-22-13, §17-22-15 and §17-22-16 of the code of West Virginia, 1931, as
amended, all relating to the issuance of licenses and permits for
outdoor advertising signs; increasing fees for licenses and
permits; and establishing fees for inspections of signs and sign
locations.
Referred to the Committee on Finance.
By Senators Boley, Minear and Sprouse (By Request):
Senate Bill No. 676--A Bill to amend and reenact §49-3-1 of
the code of West Virginia, 1931, as amended, relating to adoption
generally; including other relatives for consideration as adoptive
placement; and providing limitations on adoption or guardianship by
grandparents or other relatives.
Referred to the Committee on the Judiciary.
By Senators Boley, Minear and Sprouse (By Request):
Senate Bill No. 677--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §49-6F-1 and §49-6F-2, all relating to creating the
office of child protection ombudsman; authorizing the ombudsman to
hire assistants; providing the ombudsman investigate and monitor
the department of health and human resources' division of child
protective services to determine if it complies with federal
guidelines; requiring the ombudsman to investigate complaints
against circuit and family law judges concerning alleged failures
to adequately protect children; setting forth powers and duties of
the ombudsman; and requiring the ombudsman, upon taking office, to
propose legislative rules designed to implement the provisions of the article.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Fanning and Chafin:
Senate Bill No. 678--A Bill to amend and reenact §11-13A-3 of
the code of West Virginia, 1931, as amended, relating to severance
taxes generally; and providing that the reduced tax rate applies to
underground mines producing coal from seams of less than thirty-two
inches.
Referred to the Committee on Finance.
By Senator Ross:
Senate Bill No. 679--A Bill to amend and reenact §24A-2-6 of
the code of West Virginia, 1931, as amended, relating to carriers
for hire; and providing for the regulation of intrastate driving
hours of for-hire carriers.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 680--A Bill to amend and reenact §49-6-3 and
§49-6-5 of the code of West Virginia, 1931, as amended, all
relating to court consideration of temporary custody in child abuse
and neglect petitions.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 681--A Bill to repeal §27-6A-9 of the code of
West Virginia, 1931, as amended; to amend and reenact §27-6A-1,
§27-6A-2, §27-6A-3, §27-6A-4 and §27-6A-5 of said code; and to amend said code by adding thereto three new sections, designated
§27-6A-10, §27-6A-11 and §27-6A-12, all relating to repealing the
development of conditional release plans; amending provisions for
the determination of competency of defendant to stand trial and of
criminal responsibility; examination; commitment; hearing on
competency to stand trial; findings; court jurisdiction over
persons found not guilty by reason of mental illness, mental
retardation or addiction; release from jurisdiction of the court;
discharge; periodic review of person found incompetent to stand
trial; adding provisions for forensic evaluations and evaluators;
payment to forensic evaluators; uniform forensic court orders; and
promulgation of rules.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 682--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §8-24-50c, relating to family day care homes, family day
care facilities and adult family care homes being permitted
residential use of property in all zones or districts without being
required to obtain additional use permits.
Referred to the Committee on the Judiciary.
By Senators Love, Smith, Weeks and Caldwell:
Senate Bill No. 683--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-42-9, relating to providing that when, during the
course of an abortion procedure, a fetus is aborted alive, all available medical means be utilized to preserve its life; and
prescribing criminal penalties for violations of the section.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 684--A Bill to amend and reenact §29-6A-4 of
the code of West Virginia, 1931, as amended, relating to providing
for a process in which to enlist binding arbitration in state
employee grievance procedures.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Bowman:
Senate Bill No. 685--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11A-3-6a, relating to providing that Class I, II and
III municipalities may purchase real estate at tax sales.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 686--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-1B-26, relating to the West Virginia national guard
generally; and requiring that firefighters and security guards
employed by the adjutant general be members of the national guard.
Referred to the Committee on Military.
By Senator Bowman:
Senate Bill No. 687--A Bill to amend and reenact §21A-6-1 of the code of West Virginia, 1931, as amended, relating to collection
of unemployment benefits by corporate officers.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Bowman:
Senate Bill No. 688--A Bill to amend and reenact §21A-1A-17 of
the code of West Virginia, 1931, as amended, relating to the amount
of wages an election official can receive in a calendar year that
are not considered employment wages for unemployment compensation
purposes.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 689--A Bill to amend and reenact §21A-7-4 of
the code of West Virginia, 1931, as amended, relating to a change
in the manner in which evidence can be presented at an unemployment
compensation hearing.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 690--A Bill to amend and reenact §21A-6-3 of
the code of West Virginia, 1931, as amended, relating to requiring
that an employee present a physician certification to the employer
prior to leaving employment rather than after the fact.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 691--A Bill to amend and reenact §21A-5-7 of
the code of West Virginia, 1931, as amended, relating to failure to provide wage and contribution information to the commissioner; and
liability imposed where a failure to submit information or payments
under this chapter is willful.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 692--A Bill to amend and reenact §21A-6-3 of
the code of west Virginia, 1931, as amended, relating to a change
in the definition of "most recent work".
Referred to the Committee on the Judiciary.
By Senators Boley and Minear:
Senate Bill No. 693--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §49-2B-18, relating to bill of rights for children in
foster care.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators McCabe, Guills and Hunter:
Senate Bill No. 694--A Bill to amend and reenact §5-22-1 of
the code of West Virginia, 1931, as amended, relating to the
requirement that competitive bids for government construction
projects be awarded to the lowest qualified responsible bidder;
adding a new subsection to the section to give the section a name;
providing clarification as to the meaning of the term "lowest
qualified responsible bidder"; establishing procedures and
requirements to be followed in awarding contracts for government
construction projects; and adding criminal penalties for violation of the procedures and requirements to be followed in awarding
government construction projects.
Referred to the Committee on Finance.
By Senators Unger and Ross:
Senate Bill No. 695--A Bill to amend and reenact §19-23-4 of
the code of West Virginia, 1931, as amended, relating generally to
the West Virginia racing commission; providing staggered terms for
members of racing commission; and making technical corrections.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Oliverio and Tomblin (Mr. President):
Senate Bill No. 696--A Bill to amend and reenact §3-3-8 of the
code of West Virginia, 1931, as amended, relating to absentee
ballots; and providing that counties using nonelectronic voting
machines may begin counting absentee ballots beginning at nine a.m.
on election day.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President), Helmick and Bowman:
Senate Bill No. 697--A Bill to amend and reenact §24A-7-7 of
the code of West Virginia, 1931, as amended, relating to
authorizing the public service commission to delegate motor carrier
inspector duties to weight enforcement officers and vice versa.
Referred to the Committee on the Judiciary.
By Senators Love and Dempsey:
Senate Bill No. 698--A Bill to amend and reenact §20-2-30a of
the code of West Virginia, 1931, as amended, relating to renewing a hunting license without the actual certificate of training
document.
Referred to the Committee on Natural Resources.
By Senator Minard (By Request):
Senate Bill No. 699--A Bill to amend and reenact §61-10-15 of
the code of West Virginia, 1931, as amended, relating to allowing
continued employment of a spouse of a newly elected county
commissioner with tenured service with a county agency.
Referred to the Committee on the Judiciary.
By Senators Love, Dempsey, Sharpe and Minear:
Senate Bill No. 700--A Bill to amend and reenact §5A-3-54 of
the code of West Virginia, 1931, as amended, relating to state
agencies making timely payments on invoices for telephone services.
Referred to the Committee on Finance.
By Senators Plymale and Jenkins:
Senate Bill No. 701--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5,
§8-13C-6, §8-13C-7, §8-13C-8, §8-13C-9 and §8-13C-10; to amend and
reenact §11-9-2, §11-9-3, §11-9-4, §11-9-5, §11-9-6, §11-9-8 and
§11-9-10 of said code; and to amend and reenact §11-10-3 of said
code, all relating to authorizing a qualifying municipality to
impose municipal occupational tax, municipal sales and service tax
and use tax; responsibilities of tax commissioner relating to
municipal sales and service tax and municipal use tax; application
of other state tax laws; creation of qualifying municipal sales and service tax and use tax fund; tax rate in printed catalogs;
limiting use of the proceeds of the taxes to application toward the
unfunded liability of certain pensions; instances where qualifying
municipality loses certain taxing authority; addressing conflicts
and unconstitutionality; and imposing criminal penalties for
certain violations relating to municipal sales and service tax and
use tax.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bowman, Kessler, McKenzie, Rowe, Caldwell,
Fanning, Chafin, Love, Sprouse and Weeks:
Senate Bill No. 702--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §5A-3-37b and §5A-3-37c, all relating to prohibiting
foreign professional service contracts with the state; creating the
"Keep Jobs In West Virginia Act"; declaring that state officials do
not have authority to bind the state under the government
procurement rules of an international trade agreement; providing
the state is not bound by the government procurement rules of any
international trade agreement; requiring the state attorney general
to notify the United States trade representative as well as
congress of this state's position not to be bound by the government
procurement rules of any international trade agreements;
prohibiting the state to enter into foreign procurement contracts;
and setting forth an effective date for the proposed legislation.
Referred to the Committee on the Judiciary.
By Senators Bowman, Kessler, Chafin, Rowe, Caldwell, Fanning,
Love, Hunter, Sprouse and Weeks:
Senate Bill No. 703--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §5A-3-37b and §5A-3-37c, all relating to creating the
"Job Preservation Act of 2004"; providing companies that lose one
hundred or more employees due to outsourcing of jobs are ineligible
to enter procurement contracts with the state or local governments
or receive government grants; requiring certain companies that lose
one hundred or more employees to notify the division of labor about
the loss; requiring the division to send a survey to companies that
report the loss of one hundred or more employees in order to
determine the number of employees lost because of outsourcing jobs
outside of the United States; and requiring the division to provide
written notice to state agencies and local governments.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler and Chafin:
Senate Bill No. 704--A Bill to repeal §29-21-13 and §29-21-13a
of the code of West Virginia, 1931, as amended; and to amend and
reenact §29-21-3, §29-21-6, §29-21-8, §29-21-9, §29-21-10,
§29-21-11 and §29-21-12 of said code, all relating to public
defender services; continuing public defender services; creating
the indigent defense commission; specifying members and their
terms; transferring powers and duties of agency to the executive
director; authorizing the executive director to reduce or reject vouchers; removal of public defender corporation board members;
activation of corporations; permitting the employment of both
full-time and part-time attorneys; changing the manner of
appointment of panel attorneys; removing the sections relating to
public defender corporations' funding; requiring corporations to
submit budget; amending funding contracts; payment of fees to panel
attorneys; requiring services provided to public defender
corporations; authorizing imposition of administrative service fee
on vouchers by executive director; and creating a special revenue
account for the fees.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler and Snyder:
Senate Bill No. 705--A Bill to amend and reenact §60A-1-101 of
the code of West Virginia, 1931, as amended, relating to removing
the personal use exception for the criminal offense of
manufacturing a controlled substance.
Referred to the Committee on the Judiciary.
By Senators Kessler, Plymale, Prezioso, Rowe, Guills and
McKenzie:
Senate Bill No. 706--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §49-6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49-
6F-6 and §49-6F-7, all relating to the establishment of the citizen
review panel to review the procedures of child protective services;
providing for the composition and duties of membership; providing for confidentiality requirements; providing for expense
reimbursement; providing for civil penalties; and providing for
immunity from liability.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Boley, Minear and Sprouse (By Request):
Senate Bill No. 707--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §30-30A-1, §30-30A-2, §30-30A-3, §30-30A-4, §30-30A-5
and §30-30A-6, all relating to establishing social workers' code of
ethics.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 708--A Bill to amend and reenact §16-14-1,
§16-14-2 and §16-14-3 of the code of West Virginia, 1931, as
amended; and to amend and reenact §30-27-1, §30-27-2, §30-27-3,
§30-27-4, §30-27-5, §30-27-6, §30-27-7, §30-27-8, §30-27-9,
§30-27-10, §30-27-10a, §30-27-11, §30-27-12, §30-27-13, §30-27-14,
§30-27-15, §30-27-16 and §30-27-17 of said code, all relating to
barbers and cosmetologists generally; providing for the enforcement
of laws relating to manicuring and aesthetician salons; requiring
inspections of manicure and aesthetic salons; including the
addition of hair prosthesis within the term "barbering"; defining
"aesthetics"; eliminating the salary of the director of the board
of barbers and cosmetologists; providing for the establishment of various registration and licensing fees by legislative rule;
changing certain student permit requirements; and making various
technical changes to the barbers' and cosmetologists' licensing
statutes.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Tomblin (Mr. President):
Senate Bill No. 709--A Bill to amend and reenact §12-3-10a,
§12-3-10b, §12-3-10c, §12-3-10d and §12-3-10e of the code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §12-3-10g, all relating to the
purchasing card program; providing for additional internal controls
and procedures; requiring training; modifying criminal penalties;
modifying fees; expanding the purchasing card advisory committee;
centralizing control in the auditor's office; and setting effective
dates.
Referred to the Committee on Finance.
By Senator Boley:
Senate Bill No. 710--A Bill to amend and reenact §17-24A-1 and
§17-24A-2 of the code of West Virginia, 1931, as amended, all
relating to abandoned motor vehicles; definitions; exceptions; and
penalties.
Referred to the Committee on the Judiciary.
By Senator Oliverio:
Senate Joint Resolution No. 10--Proposing an amendment to the
Constitution of the State of West Virginia, amending section 8, article IX thereof; and further amending said article by adding
thereto a new section, designated section 8a, all relating to the
formation and reformation of counties; authorizing the Legislature
to reconfigure county lines; numbering and designating such
proposed amendment; and providing a summarized statement of the
purpose of such proposed amendment.
Referred to the Committee on Government Organization.
By Senator Chafin:
Senate Joint Resolution No. 11--Proposing an amendment to the
Constitution of the State of West Virginia, amending section 8,
article IX thereof; and further amending said article by adding
thereto a new section, designated section 8a, all relating to the
formation and reformation of counties; authorizing the Legislature
to reconfigure county lines; numbering and designating such
proposed amendment; and providing a summarized statement of the
purpose of such proposed amendment.
Referred to the Committee on Government Organization.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 89, Relating to beneficial use of water
treatment plant sludge.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 89 (originating in the Committee
on the Judiciary)--A Bill to amend the code of West Virginia, 1931,
as amended, by adding thereto a new section, designated §22-15-23,
relating to water treatment plant sludge generally; and requiring
promulgation of legislative rules to encourage beneficial use of
water treatment plant sludge.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
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. 711 (originating in the Committee on Natural
Resources)--A Bill to amend and reenact §20-7-4 of the code of West
Virginia, 1931, as amended, relating to law-enforcement powers and
duties of conservation officers; procuring and executing arrest and
search warrants on certain lands and waters; empowering
conservation officers to stop and board vessels to conduct safety checks to ensure vessels are properly equipped and licensed; and
making technical corrections.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John Pat Fanning,
Chair.
On motion of Senator Fanning, the bill (S. B. No. 711)
contained in the foregoing report from the Committee on Natural
Resources was then referred to the Committee on the Judiciary.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Edgell and White.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, February 24, 2004, at 11 a.m.
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