WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
FORTY-FIFTH DAY
____________
Charleston, W. Va., Friday, February 27, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Willie F. Stinson, Agape
Baptist Church, Wheeling, West Virginia.
Pending the reading of the Journal of Thursday, February 26,
2004,
On motion of Senator Helmick, 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 passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4117--A Bill to amend and
reenact §16-29-1 of the code of West Virginia, 1931, as amended,
relating to copies of medical records.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4298--A Bill to amend and reenact §8-14-24
of the code of West Virginia, 1931, as amended, relating to
providing that retiring municipal police officers may keep their
service revolver; and exceptions.
Referred to the Committee on the Judiciary; 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. House Bill No. 4449--A Bill to amend and reenact §20-2-
46e of the code of West Virginia, 1931, as amended, relating to
special hunting permit for disabled persons.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
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. 4552--A Bill to amend and reenact §18A-3-6
of the code of West Virginia, 1931, as amended, relating to grounds
for the revocation of teacher certificates; providing additional
specification of grounds; and limitations.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4553--A Bill to amended and reenact §18A-
3-1 of the code of West Virginia, 1931, as amended, relating to
standards for awarding certificates to teach in the public schools;
establishing condition on award of certificates to teachers
certified by another state; and providing dismissal grounds for
failure of certain responsible officials to comply.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4554--A Bill to amend and reenact §18A-4-
15 of the code of West Virginia, 1931, as amended, relating to the
rights, privileges and benefits of substitute service personnel
employed to fill vacancies created by leaves of absence, workers'
compensation and suspensions for more than thirty working days.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 24--Requesting
the Joint Committee on Government and Finance study the use of
Remote Control Locomotive technology in switching operations.
Whereas, Helping secure a safe workplace for all West Virginia
workers is a primary goal of the State of West Virginia; and
Whereas, The State of West Virginia has Class I railroads
involved in the continuous and extensive transportation of
hazardous materials by rail; and
Whereas, Hazardous materials are subject to uncontrolled
release if their container is ruptured during a railroad derailment
or collision; and
Whereas, Heretofore all railroads have manned their
locomotives with employees who are rigorously certified and fully
qualified by standards established by the Federal Railroad
Administration (FRA); and
Whereas, The Federal Railroad Administration has issued some
guidelines to govern the day-to-day operational practices involving
Remote Control Locomotives and is studying the need to implement
other guidelines; and
Whereas, Regulations for the use of remote control locomotives
should be developed to ensure the highest level of skill and
qualifications; be it therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the use of Remote Control Locomotive technology
in switching operations and the extent to which West Virginia can
regulate the use of Remote Control Locomotive technology; and, be
it
Further Resolved, in making its study the use of Remote Control Locomotive technology in switching operations the Joint
Committee on Government and Finance may make independent inquiry
into the topic or may rely exclusively on the existing or ongoing
research and reporting of other entities; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance; and, be it
Further Resolved, That the Clerk is hereby directed to provide
a copy of this resolution to Mr. Allan Rutter, Federal Railroad
Administration Administrator.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 25--Requesting the three
branches of state government to cooperate and encourage leaders of
the state, county and municipal governments to identify and
affirmatively address the racial disparities in the areas of civil
rights, health, education, housing, social issues, employment,
economic development and criminal and juvenile justice systems in West Virginia in the interest of equality.
Whereas, House Concurrent Resolution 76, passed by the West
Virginia Legislature in 2002, recognizes and outlines a number of
employment, social, health, educational, criminal justice and
economic problems confronting African Americans and their
communities in this state; and
Whereas, Select Committee B on Minority Issues was created by
the Joint Committee on Government and Finance as part of the 2003
legislative interims to consider HCR 76 and to study and make
recommendations and offer solutions to address problems identified
in HCR 76; and
Whereas, According to the 2000 Census, African Americans
comprise approximately 3.2% of the state's population and more than
5% of the population in seven counties; and
Whereas, The West Virginia Legislature should be committed to
connecting communities, exploring strategies for racial and social
equality and taking proactive steps to remedy the effects of past
discrimination on African American children, adults and families;
and
Whereas, Prevention of discrimination in civil rights, the
justice system, education, health care, economic development,
employment, business development, housing, community and family
services is preferable to attempting to remedy the consequences of
discrimination; and
Whereas, There is a wide disparity between African American
and Caucasian public school students in West Virginia with regard to standardized testing scores, indicating a significant
achievement gap which widens with tragic consequences for a number
of African American students as they progress in school; and
Whereas, On the 2003 ACT college entrance examination, which
is used by the Promise scholarship program to determine eligibility
for college scholarships, African American students' success rate
was significantly lower than that of Caucasian students; and
Whereas, African American children have been over represented
in special education programs in schools in Kanawha County, the
only area of the state for which statistics were provided to the
Committee, and under represented in advanced education programs and
programs for performing or gifted students, but the Kanawha County
Board of Education has established programs better to identify and
include all qualified students, without regard to race, in special
programs to enhance performance and to address the academic
achievement gap between African American and Caucasian children at
early stages of the public education process; and
Whereas, The percentage of African American teachers and
educational professionals in many of the state's public schools is
disproportionately lower than the African American student
population, to some degree depriving minority students of important
African American role models and advocates in educational settings;
and
Whereas, Training assistance and education programs with
affirmative outreach to African Americans combine to help prevent
racial discrimination; and
Whereas, African Americans in West Virginia experience a
disproportionately higher incidence of health risk and mortality
from cancer, diabetes, hypertension, heart disease and HIV; African
American women tend to be diagnosed with breast cancer at later
stages than Caucasian women; and the teen birth rate and the infant
mortality rate among African Americans is twice that of Caucasians;
and
Whereas, The percentage of African American children in the
care and/or custody of the Bureau of Children and Families in 2003
was more than twice the percentage of African Americans in the
general West Virginia population; and
Whereas, Business ownership among African Americans in
Charleston, West Virginia, the only area of the state for which
statistics were provided to the Committee, is proportionately less
than minority business ownership nationwide; and
Whereas, The unemployment rate of African Americans recently
has been about twice the unemployment rate for Caucasians and
significantly higher in some counties with a greater concentration
of African American population; and
Whereas, Statistics provided by the State Equal Employment
Opportunity Office indicate that the percentage of minority
employees among the full-time state government employees under the
control of the Department of Administration is approximately the
same as the percentage of African Americans in the state's
population as a whole; and
Whereas, The West Virginia Advisory Committee to the United States Commission on Civil Rights has found continuing reports of
racial discrimination in hiring, tension between law enforcement
officers and African American citizens, and hate crimes and
violence against minorities, including reported incidents of
harassment of racial and ethnic minorities in schools; and
Whereas, The West Virginia Human Rights Commission reports
that two-thirds of the hate crimes reported between 1992 and 2000
were racially motivated; and
Whereas, The West Virginia Legislative Auditor's Performance
Evaluation and Research Division (PERD) reports there is a scarcity
of minority and female state troopers, especially in upper ranks,
with only 16 (2.6%) of 606 troopers being female and only 3 (1.3%)
of 606 troopers being African American; that the percentages of
female and African American officers in county sheriff's
departments are even lower; and that the state's 10 largest cities
employ, on average, only 4.6% female officers and 3.9% African
American officers, even though most of those cities have
significantly greater populations of African Americans; and
Whereas, The West Virginia State Police have voluntarily
sought to determine and monitor their own efforts relating to
racial profiling sensitivity during routine traffic stops; and
Whereas, According to data voluntarily collected and provided
by the West Virginia State Police, between October 2002 and March
2003, motor vehicles operated by minority drivers were stopped by
state troopers at a rate roughly comparable to the percentage of
minorities in the general state population. After being stopped, 63% of minority drivers were ticketed or arrested, compared to 51%
of Caucasian drivers, and warnings were issued to 37% of all
minority drivers, compared to 49% of Caucasian drivers; and
Whereas, West Virginia enjoys both a low juvenile crime rate
and one of the nation's lowest juvenile detention rates, yet the
percentage of minority youth in the West Virginia juvenile justice
system exceeds the national rates of minority youths in the
juvenile justice system; and
Whereas, In West Virginia, African Americans make up only 3.2%
of the general population, but account for one third (1/3) of the
adult prison population, one fifth (1/5) of the juveniles placed in
detention and admitted to correctional facilities, and over one
half (½) of the juveniles transferred to adult jurisdiction for
major felonies; and
Whereas, There is a great and immediate need for comprehensive
data collection and analysis on a multi-year basis and for
continuing examination and review of solutions with regard to
racial disparities in the areas of civil rights, health, education,
housing, social issues, employment, economic development and
criminal and juvenile justice systems; therefore, be it
Resolved by the Legislature of West Virginia:
That the three branches of state government should cooperate
and encourage leaders of the state to identify and affirmatively
address the racial disparities in the areas of civil rights,
health, education, housing, social issues, employment, economic
development and criminal and juvenile justice systems; and, be it
Further Resolved, That county boards of education should be
encouraged to recruit aggressively minority teachers and other
professionals to work in the public school system; and, be it
Further Resolved, That the Department of Education and county
boards of education be given greater flexibility to employ teachers
who are trained or experienced in working with African American
children and parents; and, be it
Further Resolved, That the Legislature should provide funding
for professional development to improve teachers' effectiveness
with African American students and parents; and, be it
Further Resolved, That the Legislature should provide more
funding for academic enrichment programs in locations where there
are concentrations of poor and minority students, including more
early pre-school programs and after-school programs; and, be it
Further Resolved, That the Department of Health and Human
Resources should increase access to education in welfare-to-work
programs and evaluate placement and referral policies; and, be it
Further Resolved, That the Governor continue the mission of
the Governor's Minority Students' Strategies Council to collect and
analyze information from other states and organizations regarding
effective policies and strategies for closing the academic
achievement gap between Caucasian and minority students and to
prepare an annual report for the Governor, the State Board of
Education, the Higher Education Policy Commission, the Legislative
Oversight Commission on Educational Accountability and the public,
outlining issues, recommendations, and strategies to close the academic achievement gap; and, be it
Further Resolved, That the Department of Education be required
to review its Policy No. 2421, 126 CSR 18, (1996), governing peer
harassment and violence against minority students, to study the
extent to which the Policy has been implemented in public schools
throughout the state and to take necessary steps to insure complete
implementation of the Policy in all public schools as soon as
reasonably possible; and, be it
Further Resolved, That the Department of Education and county
boards of education themselves, with the input of the local
communities, should provide hate crime prevention and response
programs in schools and anti-bias training and education for
students and teachers, including mechanisms to insure harassment is
reported before problems escalate and that there are appropriate
responses to incidents of harassment when they do occur; and, be it
Further Resolved, That the Legislature should direct resources
to support community-level partnership and innovation to address
racial and ethnic disparities in health care; and, be it
Further Resolved, That all governmental agencies, institutions
and corporate bodies at state and local levels should be encouraged
to regularly collect, analyze and report to the Department of
Administration data relating to racial disparities among children,
adults and families in West Virginia; and, be it
Further Resolved, That the Department of Administration should
review and, if necessary, establish or reform state procurement
policies and practices to assure that they meet federal and state requirements and that they effectively encourage meaningful
participation of African Americans and other minorities in the
process of competing for and awarding of state contracts for goods
and services; and, be it
Further Resolved, That the State should continue to support
and expand small business incubator programs like the one in place
at Bluefield State College to encourage new and minority small
business development; and, be it
Further Resolved, That the State should undertake initiatives
to encourage African American business ownership similar to those
efforts used to encourage greater rates of business ownership among
women; and, be it
Further Resolved, That the State should assist community and
economic development corporations to provide effective technical
and business advisory services to minority-owned and -operated
enterprises; and, be it
Further Resolved, That the Governor and the Legislature should
encourage industry, banks and other private businesses to hire
African Americans and to encourage businesses to be more aggressive
in establishing diversity-conscious practices as employers and for
their operations; and, be it
Further Resolved, That the State should encourage traditional
and nontraditional lending institutions to be more creative and
favorable to lending in minority communities and to minority
persons, especially for business enterprises; and, be it
Further Resolved, That the Legislature should encourage small business start-up and expansion and provide funding to assist
African American and other minority vendors to meet bid bonding
requirements; and, be it
Further Resolved, That workforce investment boards should be
accountable for educating poor and minority persons for jobs better
than low-paying service jobs; and, be it
Further Resolved, That the West Virginia State Police and
local law enforcement officers should be trained and required to
collect data regarding stops of motor vehicle operators which
affect all persons' precious right of privacy in their motor
vehicles, which data should include information on the stops and
arrests of African Americans; and, be it
Further Resolved, That the West Virginia State Police and
local law enforcement agencies be required to provide diversity
training for officers, including training to recognize and report
hate crimes; and, be it
Further Resolved, That the West Virginia State Police be
required to develop, in writing, goals for increasing the number of
women and African American for all grades of officers and staff and
to report annually as to its efforts and success in meeting those
goals, and be encouraged to employ African American and other
minority persons as recruiting officers; and, be it
Further Resolved, That the Legislature, the Governor and the
Supreme Court should increase support for criminal justice research
and for the development, maintenance and continued assessment of
data related to the effectiveness of the court system in the areas of criminal sentencing, juvenile adjudication, and community-based
corrections; and, be it
Further Resolved, That the Legislature should protect and
maintain the confidentiality of juvenile records pending a study on
the adverse impact of the release of such records on the employment
and higher education opportunities of minority youth; and, be it
Further Resolved, That the West Virginia Supreme Court of
Appeals should continue to study issues related to minority youth,
including the highly disproportionate number of minority youth
transferred from juvenile to adult jurisdiction in the criminal
justice system, through its Task Force to Study Perceived Racial
Disparity in the Juvenile Justice System and to study and develop
similar research projects with data collection in regard to adult
offenders; and, be it
Further Resolved, That state agencies should study racial
disparities in a number of areas to reduce gaps in educational
achievement and in the over representation of African Americans in
adult prisons and juvenile facilities and encourage all
participants in the educational and justice systems, including
teachers, principals, and other educational personnel, probation
officers, juvenile referees, judges, justices, prosecutors,
attorneys, law enforcement officers, detention and correctional
officers, caseworkers, social service providers, agency staff, and
members of the community, to join in the study and development of
policies and programs to address racial disparities; and, be it
Further Resolved, That the Legislature, the Governor and the Supreme Court should take immediate steps to develop, implement and
fund a collaborative and comprehensive community-based plan to
study and correct over representation of minority children and
adults in the state's criminal and juvenile justice systems, with
particular attention to prevention of juvenile crime through
mentoring, diversion, recidivism-reduction strategies, in-school
and after-school programs, entrepreneurial education, job training
and placement alternatives, community-based sentencing for non-
violent offenders, and transition and reentry programs for
offenders upon completion of their sentences; and, be it
Further Resolved, That state agencies and the Legislature
should be encouraged to propose specific legislative proposals
where appropriate to facilitate these recommendations; and, be it
Further Resolved, That the Legislature should continue to
study racial disparity issues in 2004; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Governor of
West Virginia, the Justices of the West Virginia Supreme Court of
Appeals, the President of the West Virginia Senate and the Speaker
of the West Virginia House of Delegates.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 39--Requesting the Joint
Committee on Government and Finance, in partnership with such other committee as the joint committee might consider compatible to the
treatment of the issues involved, to conduct a study of the
economic feasibility and beneficial effect of establishing a state-
wide thoroughbred racing breeders program at the state's two horse
racing facilities, looking into the economic impact to the state's
budget, tax base, property values and tourism industry, together
with what needs would be required to effectively supplement the
marketing of the program.
Whereas, West Virginia University has an equine science
program commencing; and
Whereas, There should be a job placement program for the
graduates of the equine science degree; and
Whereas, The program might produce training centers for
breeders; and
Whereas, Kentucky, Florida, New York and California have
similar programs and the Charles Town track has one for its
trainers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study of the economic and beneficial effect
of establishing a state-wide thoroughbred racing breeders program
in this state; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with any
drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 27th day of February, 2004, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. No. 4012), Bringing the West Virginia corporation net
income tax act into conformity with federal income tax.
(H. B. No. 4287), Eliminating the provision of law limiting
seniority rights for classified employees when funding the annual
salary increment results in employee layoffs.
(H. B. No. 4348), Expiring funds to the treasurer's office -
banking services from the treasurer's office - unclaimed property
trust fund.
And,
(H. B. No. 4349), Relating generally to consumers sales and
service tax.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 34, Relating to fraudulent
credit card transactions; annual reports.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 34) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
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. 121, Expanding powers of
investment management board; other provisions.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 143 (originating in the
Committee on Banking and Insurance), Relating to small employer
accident and sickness insurance policies.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 143 (originating
in the Committee on Finance)--A Bill
to repeal §5-16A-1, §5-16A-2,
§5-16A-3, §5-16A-4, §5-16A-5, §5-16A-6, §5-16A-7, §5-16A-8, §5-16A-
9, §5-16A-10 and §5-16A-11 of the code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section,
designated §33-16D-16, relating to small employer accident and
sickness policies and small employer group health benefit plans for
uninsured groups.
With the recommendation that the committee substitute for
committee substitute 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. 221 (originating in the
Committee on Economic Development), Establishing Public-Private
Transportation Facilities Act of 2004.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 221 (originating
in the Committee on Finance)--A Bill
to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-
27-6, §17-27-7, §17-27-8, §17-27-9, §17-27-10, §17-27-11, §17-27-
12, §17-27-13, §17-27-14, §17-27-15, §17-27-16, §17-27-17, §17-27-
18, §17-27-19, §17-27-20, §17-27-21 and §17-27-22, all relating to
establishing the public-private transportation facilities act of
two thousand four; setting forth legislative findings and purposes;
defining terms; providing prerequisites for development of a
transportation facility; setting forth public-private
transportation oversight committee; creating the powers and duties
of the committee; providing for the submission of proposals and
approval by the committee; authorizing service contracts; providing
for the dedication of public property; setting forth the powers and
duties of a developer; requiring a comprehensive agreement;
providing for federal, state and local assistance; addressing
material default and remedies; prohibiting governmental entities
from pledging full faith and credit; providing for the exercise of
condemnation; addressing utility crossings and relocations;
addressing dedication of assets; providing for an exemption from
purchasing rules; qualifying transportation facilities as public improvements; providing for an exemption of qualifying
transportation facilities from taxation; setting forth a
termination date; and addressing construction and severability.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 434, Exempting sales tax on items used in
classrooms by school teachers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 434 (originating in the
Committee on Education)--A Bill to amend and reenact §11-15-9 of
the code of West Virginia, 1931, as amended, relating to exemptions
from consumers sales and service tax; clarifying that exemption
from tax for durable medical goods, mobility-enhancing equipment
and prosthetic devices purchased with prescription was not intended
to be repealed when engrossed committee substitute for house bill
no. 3014 was enacted during the two thousand three regular session
of the Legislature; removing obsolete language; removing provision
placed in wrong section of code; exempting sales tax on items
purchased exclusively for use in school classrooms by school
teachers; and requiring the tax commissioner to promulgate rules specifying the items exempt and a method by which teachers identify
themselves as qualified to make the purchases.
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,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 434, under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 592, Relating to early childhood education
programs.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 592) contained in the preceding report
from the Committee on Education was taken up for immediate
consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to
the Committee on Finance, with amendments from the Committee on
Education pending.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 636, Relating to employment of members of
teachers defined benefit retirement system.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Bill No. 638, Authorizing special license plate for
Davis & Elkins college.
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,
Mike Ross,
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 Transportation.
At the request of Senator Ross, unanimous consent being
granted, the bill (S. B. No. 658) contained in the preceding report
from the Committee on Transportation was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 649, Establishing Environmental Good Samaritan
Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
At the request of Senator Sharpe, unanimous consent being
granted, the bill (S. B. No. 649) contained in the preceding report
from the Committee on Energy, Industry and Mining was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Bill No. 673, Providing certain reporting requirements of coal transported on public highways.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Mike Ross,
Chair.
At the request of Senator Ross, unanimous consent being
granted, the bill (S. B. No. 673) contained in the preceding report
from the Committee on Transportation was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 686, Requiring certain firefighters and
security guards be members of national guard.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jon Blair Hunter,
Chair.
At the request of Senator Hunter, unanimous consent being
granted, the bill (S. B. No. 686) contained in the preceding report
from the Committee on Military was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 721 (originating in the Committee on
Education)--A Bill to amend and reenact §18B-12A-2, §18B-12A-3 and
§18B-12A-6 of the code of West Virginia, 1931, as amended, all
relating to allowing agreements between a center for economic
development and technology advancement and more than one doctoral
institution; and correcting subdivision reference.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Concurrent Resolution No. 46, Requesting Division of
Highways name portion of U. S. 52 from Taylorville Road to foot of
Horsepen Mountain, Mingo County, "R. A. West Highway".
Senate Concurrent Resolution No. 50, Requesting Division of
Highways name bridge connecting U. S. Route 60 East and Peyton
Street, Barboursville, Cabell County, "James G. Berry Memorial
Bridge".
And,
Senate Concurrent Resolution No. 53, Requesting Division of
Highways name bridge located at U. S. Route 2 and Nine Mile Road,
Cabell County, "David Rickey Carson Memorial Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Mike Ross,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 2914, Relating to the
rehabilitation and liquidation of insurers subject to the
regulatory authority of the West Virginia insurance commissioner.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
The Senate proceeded to the sixth order of business.
Senator Caldwell offered the following resolution:
Senate Concurrent Resolution No. 64--
Requesting the Joint
Committee on Government and Finance study transportation needs.
Whereas, West Virginia is a very rural state with many of its
women, elderly, veterans and persons with disabilities living in
areas that are not served by mass transit; and
Whereas, Transportation is an integral part of a person's
ability to maintain a healthy lifestyle; and
Whereas, According to "The Status of Women in the States"
developed by the Institute for Women's Policy Research, as of 2002,
a majority of 58 percent of West Virginia's rural residents live in
areas that are not served by any public transportation, while 23
percent have below-average access to transportation service; and
Whereas, It is the policy of this state to encourage and
promote the development of resources to ensure the effective care
and treatment of persons who are dependent upon the services of
others by reason of age, a physical or mental impairment. A
guiding principle of administration of the laws of this state is
that such persons shall be encouraged and assisted in securing
necessary care, services and treatment; and
Whereas, In recognition that for many persons, such as women,
persons living below the poverty level, elderly, veterans and
persons with disabilities, effective care and treatment can only be
secured from proprietary, voluntary and governmental offerings, it
should be the policy of this state to ensure the protection of the
rights and dignity of those using such services and to encourage
and promote the coordination of all agencies, political
subdivisions, proprietary and voluntary offerings; and
Whereas, A coordinated transportation system would increase
efficiency by clustering both passengers and transportation
providers, utilizing fewer one-way trips, providing more needed
services and coordinating the various public and private resources;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study transportation needs; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Plymale and Unger offered the following resolution:
Senate Resolution No. 26--
Recognizing the achievements of the
students working on the West Virginia Raise Your Voice Forums.
Whereas, The West Virginia Raise Your Voice Forums, sponsored
by West Virginia Campus Compact and West Virginia Center for Civic
Life
, have been established for young men and women of West
Virginia's institutions of higher education to engage their
communities in discussion on the issue of how to create a better
future for young people; and
Whereas, The student leaders, demonstrating advanced levels of
civic responsibility and leadership,
report the ideas and concerns
expressed at the forums back to the state, as a whole, informing
policymakers of what citizens are saying; and
Whereas, The ability to voice opinions on public matters is an
inherent right granted to all citizens under the United States
Constitution and the utilization of this practice upholds the strength of our democracy; and
Whereas, We should remember the words of President Woodrow
Wilson who said, "The whole purpose of democracy is that we may
hold counsel with one another, as not to depend upon the
understanding of one man, but to depend upon the counsel of all.
For only as men are brought into counsel, and state their own needs
and interests, can the general interests of a great people be
compounded into a policy that will be suitable to all.";
therefore,
be it
Resolved by the Senate
:
That the Senate hereby recognizes the achievements of the
students working on the West Virginia Raise Your Voice Forums; and,
be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the
West Virginia Raise Your Voice Forum
s.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Minear, Hunter, Tomblin (Mr. President), Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and White offered the
following resolution:
Senate Resolution No. 27--
Memorializing the life the Honorable
Charlton N. "Bud" Harman, veteran, prominent businessman, former
member of the House of Delegates, former member of the Senate,
dedicated public servant and distinguished West Virginian.
Whereas, Charlton N. "Bud" Harman was born August 16, 1915, in
Davis, Tucker County, the son of the late Charles Newton Harman and
Stella M. (Kimble) Harman; and
Whereas, Charlton N. "Bud" Harman received his education in
the public schools of Tucker County; Parkard Merlin School,
Warrington, England; New England Aircraft School, Boston,
Massachusetts; Bell Aircraft School, Niagara Falls, New York; and
completed courses in drawing and design and a course in state and
local government at West Virginia University; and
Whereas, Charlton N. "Bud" Harman served his nation with pride
and distinction in the United States Air Force during World War II
and was the recipient of five major battle stars; and
Whereas, On August 11, 1946, Charlton N. "Bud" Harman wed his
beloved wife, Harriet (Dempsey) Harman, with whom he shared the joy
of having two sons, Douglas Harman of Spartansburg, South Carolina,
and Kyle Harman, who preceded him in death, and one daughter,
Charlene (Harman) Paden of Greenville, North Carolina; and
Whereas, Charlton N. "Bud" Harman was the Superintendent of
Harman Construction Company, Grafton, Taylor County, and worked in
this business for over 40 years; and
Whereas, Charlton N. "Bud" Harman began his public service with his election to the House of Delegates in 1968. After serving
one term in the House, the Honorable Charlton N. "Bud" Harman was
elected to the Senate from the fifteenth senatorial district and
served five consecutive terms; and
Whereas, During his tenure in the Senate, the Honorable
Charlton N. "Bud" Harman served on numerous committees, including
the Committee on Finance and the Committee on Rules. He also
served on the Select Committee on Quality Education and the Select
Committee on Flood Recovery; and
Whereas, The Honorable Charlton N. "Bud" Harman served the
Senate as Minority Leader during the 64th, 67th and 68th
Legislatures. As Minority Leader, his knowledge and expertise of
the legislative process earned him the respect and admiration of
all who served with him; and
Whereas, After leaving the Legislature, the Honorable Charlton
N. "Bud" Harman continued his community service as a member of the
Grafton Lodge #15 AF&AM, Knight Templar, Demolay Commandry #11 of
Grafton, Grafton Elks Lodge #308, Taylor County American Legion,
Post #12 and the VFW Memorial City Post #3081. He served on the
Board of Directors of Salem College and the Taylor County Sheltered
Workshop; and
Whereas, Sadly, the long and productive life of the Honorable
Charlton N. "Bud" Harman came to an end on Wednesday, November 26,
2003, when he passed away at his residence in his beloved Grafton.
With his passing, he left behind a host of family and friends who
have a wealth of memories to share about his life, legacy and
public service; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable
Charlton N. "Bud" Harman, veteran, prominent businessman, former
member of the House of Delegates, former member of the Senate,
dedicated public servant and distinguished West Virginian; and, be
it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to his beloved wife Harriet Harman, son
Douglas Harman and daughter Charlene (Harman) Paden.
At the request of Senator Minear, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Thereafter, at the request of Senator Sharpe, and by unanimous
consent, the remarks by Senators Chafin, Minear, Boley, Helmick,
Deem, Hunter, Sharpe and Fanning regarding the adoption of Senate
Resolution No. 27 were ordered printed in the Appendix to the
Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Petitions
Senator Sprouse presented a petition from Yvonne Martin and
thirty-three Kanawha County teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Weeks presented a petition from Christi M. Viney and
numerous West Virginia residents, supporting Engrossed Committee
Substitute for Senate Bill No. 271 (Relating to racial profiling
data collection), Senate Bill No. 272 (Creating state police review
board), House Bill No. 4125 (Creating a state police review board
to hear complaints against state police personnel) and House Bill
No. 4126 (Requiring racial profiling data collection by
law-enforcement officers and agencies each time a motorist is
stopped for an alleged violation of the law).
Referred to the Committee on the Judiciary.
Senator Love presented a petition from Lacy B. Stover and
sixty-six Fayette County teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Facemyer presented a petition from Linda Johnson and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Dempsey presented a petition from Judith M. Martin and
numerous West Virginia residents, supporting Engrossed Committee
Substitute for Senate Bill No. 271 (Relating to racial profiling
data collection), Senate Bill No. 272 (Creating state police review
board), House Bill No. 4125 (Creating a state police review board to hear complaints against state police personnel) and House Bill
No. 4126 (Requiring racial profiling data collection by
law-enforcement officers and agencies each time a motorist is
stopped for an alleged violation of the law).
Referred to the Committee on the Judiciary.
Senator Hunter presented a petition from Glenn Righman and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Hunter presented a petition from Shelby Morris and
numerous West Virginia residents, supporting Engrossed Committee
Substitute for Senate Bill No. 271 (Relating to racial profiling
data collection), Senate Bill No. 272 (Creating state police review
board), House Bill No. 4125 (Creating a state police review board
to hear complaints against state police personnel) and House Bill
No. 4126 (Requiring racial profiling data collection by
law-enforcement officers and agencies each time a motorist is
stopped for an alleged violation of the law).
Referred to the Committee on the Judiciary.
Senator Ross presented a petition from Mary Rose Junkins and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Minard presented a petition from Olivia N. Pollard and
numerous West Virginia residents, supporting Engrossed Committee Substitute for Senate Bill No. 271 (Relating to racial profiling
data collection), Senate Bill No. 272 (Creating state police review
board), House Bill No. 4125 (Creating a state police review board
to hear complaints against state police personnel) and House Bill
No. 4126 (Requiring racial profiling data collection by
law-enforcement officers and agencies each time a motorist is
stopped for an alleged violation of the law).
Referred to the Committee on the Judiciary.
Senator Minard presented a petition from Amanda M. Bailey and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Kessler presented a petition from Betty Jo Morgan and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Edgell presented a petition from Meg Ensinger and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Prezioso presented a petition from Deborah K. Jones
and numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Caldwell presented a petition from Sharon L.
Fitzgerald and numerous West Virginia teachers, supporting the
merger of the Teachers Defined Benefit Retirement Plan with the
Teachers Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Caldwell presented a petition from Gertrude Moore and
numerous West Virginia residents, supporting Engrossed Committee
Substitute for Senate Bill No. 271 (Relating to racial profiling
data collection), Senate Bill No. 272 (Creating state police review
board), House Bill No. 4125 (Creating a state police review board
to hear complaints against state police personnel) and House Bill
No. 4126 (Requiring racial profiling data collection by
law-enforcement officers and agencies each time a motorist is
stopped for an alleged violation of the law).
Referred to the Committee on the Judiciary.
Senator Caldwell presented a petition from April M. Bostic and
numerous Greenbrier County residents, relating to the size of
classes at Ronceverte Elementary School.
Referred to the Committee on Education.
Senator Unger presented a petition from Beverly Murphy and
numerous Berkeley County teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 173, Authorizing disabled commercial licensed driver to retain personal driving permit in
certain cases.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 173) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 230, Relating to definitions of
casualty insurance and federal flood insurance; other provisions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 316, Providing procedures for determining
daily cost for certain inmates.
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. 447, Relating to powers and duties of municipal courts to collect certain moneys.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 483, Relating to limited licenses to practice
medicine and surgery without license.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 499, Relating to special hunting permit for
resident and nonresident disabled persons.
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 three, section forty-six-e, line twenty-five, by
striking out the word "must" and inserting in lieu thereof the word
"shall";
And,
On page three, section forty-two-e, line thirty, by striking
out the word "will" and inserting in lieu thereof the word "shall".
The bill (S. B. No. 499), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 500, Relating to fees for agents
selling hunting and fishing licenses.
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. 533, Authorizing division of corrections charge certain adult offenders transfer application
fee.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 573, Providing procedure for economic
development authority to address problems of state minorities.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Economic Development, was reported by the Clerk and adopted:
On page seven, section three, line thirty-two, by striking out
the words "therefor; to review, revise or establish" and inserting
in lieu thereof a semicolon and the words "to review".
The bill (S. B. No. 573), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 590, Designating local community
criminal justice boards as home incarceration supervisor.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Fanning, the following amendment to the
bill was reported by the Clerk and adopted:
On page two, section seven-a, after line eighteen, by adding
the following:
No person who has been convicted of a felony, has been guilty
of infamous or notoriously disgraceful conduct or who has been
dismissed from public service for delinquency or misconduct may be
employed as or designated a home incarceration supervisor.
The bill (Com. Sub. for S. B. No. 590), as amended, was then
ordered to engrossment and third reading.
Senate Bill No. 712, Relating to liquidated damages
proportionally related to wages owed employee.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Kessler, the bill was referred to the
Committee on the Judiciary.
Eng. House Bill No. 4484, Allowing a limited license to
practice medicine and surgery without examination to an individual
appointed to a West Virginia medical school faculty who holds a
valid license to practice medicine and surgery from another
country.
On second reading, coming up in regular order, was read a
second time and ordered to 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:
Com. Sub. for Senate Bill No. 28, Exempting certain personal
property from levy, forced sale, attachment or execution.
Com. Sub. for Senate Bill No. 119, Enhancing criminal
penalties for obtaining money, property and services by false
pretenses from persons over certain age.
Com. Sub. for Com. Sub. for Senate Bill No. 149, Relating
generally to department of tax and revenue.
Com. Sub. for Senate Bill No. 161, Creating Model Health Plan
for Uninsurable Individuals Act.
Com. Sub. for Senate Bill No. 176, Relating to investments and
investment practices of insurance companies.
Senate Bill No. 229, Expanding counties covered by Route 2 and
Interstate 68 authority.
Com. Sub. for Senate Bill No. 260, Allowing design-build board
to be reimbursed for certain expenses.
Senate Bill No. 285, Allowing state-chartered banks to
organize as limited liability companies in certain cases.
Com. Sub. for Senate Bill No. 327, Authorizing department of
administration to promulgate legislative rules.
Senate Bill No. 415, Relating to disposition of state surplus
property.
Com. Sub. for Com. Sub. for Senate Bill No. 431, Establishing
Interstate Insurance Product Regulation Compact.
Com. Sub. for Senate Bill No. 460, Relating to regulating
surveyors and underground surveyors.
Senate Bill No. 480, Exempting nonprofit licensed nursing
homes from registration under solicitation of charitable funds act.
Senate Bill No. 512, Authorizing rules of higher education
policy commission.
Com. Sub. for Senate Bill No. 516, Establishing eastern
panhandle highway authority.
Com. Sub. for Senate Bill No. 549, Relating to abandoned motor
vehicles on private property.
Senate Bill No. 558, Making misuse of power of attorney or
fiduciary relationship crime.
Com. Sub. for Senate Bill No. 565, Allowing game proceeds to be transferred between raffle and bingo accounts.
Com. Sub. for Senate Bill No. 566, Establishing Unborn Victims
of Violence Act.
Com. Sub. for Senate Bill No. 596, Relating to powers and
duties of board of directors of state board of risk and insurance
management.
Senate Bill No. 605, Relating to child fatality review teams.
Senate Bill No. 663, Prohibiting certain long-term care
facilities from soliciting residents for money or assets.
Com. Sub. for Senate Bill No. 694, Establishing Fairness in
Competitive Bidding Act.
Senate Bill No. 713, Expiring funds to unappropriated balance
of general revenue from board of risk and management, premium tax
savings fund.
Senate Bill No. 714, Expiring funds to unappropriated balance
of general revenue from insurance commission fund.
Senate Bill No. 715, Expiring funds to unappropriated balance
of general revenue from public service commission.
Senate Bill No. 716, Allowing attorney general to retain
additional funding for antitrust enforcement fund.
Senate Bill No. 717, Terminating agencies following full
performance evaluations.
Senate Bill No. 718, Authorizing board of examiners of
psychologists set fees by rule.
Senate Bill No. 719, Increasing tax on providers of nursing
facility services.
Senate Bill No. 720, Relating to unused state private activity bond volume cap.
And,
Eng. House Bill No. 4286, Repealing the section of the code
relating to coverage for alcoholic treatment because it is
superseded by another part of the code.
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. 67, Requiring agency, department or board to
submit statement of compliance to legislative auditor within
certain time.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 67 (originating in the Committee
on the Judiciary)--A Bill to amend and reenact §4-2-5 of the code
of West Virginia, 1931, as amended, relating to the powers and
duties of the legislative auditor; requiring a statement to the
legislative auditor within six months of a fiscal or performance
audit responding to the recommendations set forth in the
legislative audit; requiring the statement to be filed with the
Legislature; and providing that failure to comply may constitute
misfeasance of office.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 67) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
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. 139, Creating Tourism Development Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 139 (originating in the
Committee on Finance)--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new article, designated §5B-
2E-1, §5B-2E-2, §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-6, §5B-2E-7,
§5B-2E-8, §5B-2E-9, §5B-2E-10 and §5B-2E-11; and to amend said code
by adding thereto a new section, designated §11-15-34, all relating
to the West Virginia tourism development act; establishing a
tourism development project tax credit; specifying short titles;
specifying legislative findings and purpose; defining terms;
specifying additional powers and duties of the development office;
specifying activity that qualifies for the credit; requiring filing
of application for tax credit as condition precedent to claiming
tax credit; specifying procedures for evaluation and approval of
project; providing for hiring of consultants; specifying criteria
for evaluating projects; specifying determination of amount of allowable tax credits; specifying application of tax credits
against sales tax collected; termination of act; providing for
forfeiture of unused tax credits; and specifying information
required to be annually submitted to the state development office.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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. 281, Adding magistrate to Raleigh County.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 281) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Finance.
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. 350, Authorizing economic development
authority to promulgate legislative rule relating to general
administration of venture capital act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 350 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact article
10, chapter 64 of the code of West Virginia, 1931, as amended,
relating generally to the promulgation of administrative rules by
the various executive or administrative agencies and the procedures
relating thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for the
promulgation of certain legislative rules; authorizing certain of
the agencies to promulgate certain legislative rules in the form
that the rules were filed in the state register; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
legislative rule-making review committee; authorizing certain of
the agencies to promulgate certain legislative rules as amended by
the Legislature; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the legislative rule-making review committee and
as amended by the Legislature; authorizing the economic development
authority to promulgate a legislative rule relating to the general
administration of the West Virginia venture capital act;
authorizing the economic development authority to promulgate a
legislative rule relating to economic development and technology advancement centers; authorizing the infrastructure and jobs
development council to promulgate a legislative rule relating to
council; authorizing the division of labor to promulgate a
legislative rule relating to psychophysiological detection of
deception examinations; authorizing the manufactured housing
construction and safety standards board to promulgate a legislative
rule relating to the board; authorizing the office of miners'
health, safety and training to promulgate a legislative rule
relating to reporting requirements for independent contractors;
authorizing the division of natural resources to promulgate a
legislative rule relating to public land corporation rule
controlling sale, lease, exchange or transfer of land and minerals;
authorizing the division of natural resources to promulgate a
legislative rule relating to revocation of hunting and fishing
licenses; authorizing the division of natural resources to
promulgate a legislative rule relating to special motorboating
regulations; and authorizing the division of natural resources to
promulgate a legislative rule relating to special fishing.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 399, Authorizing statewide addressing and
mapping board to promulgate legislative rule relating to addressing and mapping standards and participation by public agencies in
statewide addressing and mapping projects.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 399 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact article 9,
chapter 64 of the code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
various executive or administrative agencies and the procedures
relating thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for the
promulgation of certain legislative rules; authorizing certain of
the agencies to promulgate certain legislative rules in the form
that the rules were filed in the state register; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
legislative rule-making review committee; authorizing certain of
the agencies to promulgate certain legislative rules as amended by
the Legislature; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the legislative rule-making review committee and
as amended by the Legislature; authorizing board of accountancy to
promulgate legislative rule relating to the board and rules of
professional conduct; authorizing commissioner of agriculture to
promulgate legislative rule relating to frozen desserts and
imitation frozen desserts; authorizing commissioner of agriculture
to promulgate legislative rule relating to dairy products and imitation dairy products; authorizing commissioner of agriculture
to promulgate legislative rule relating to seed law; authorizing
board of architects to promulgate legislative rule relating to
registration of architects; authorizing auditor's office to
promulgate legislative rule relating to transaction fee and rate
structure; authorizing auditor's office to promulgate legislative
rule relating to state purchasing card program; authorizing board
of examiners in counseling to promulgate legislative rule relating
to fees; authorizing board of registration for professional
engineers to promulgate legislative rule relating to governance of
board; authorizing board of examiners of land surveyors to
promulgate legislative rule relating to minimum standards for
practice of land surveying; authorizing board of examiners of land
surveyors to promulgate legislative rule relating to mandatory
continuing education for land surveyors; authorizing board of
landscape architects to promulgate legislative rule relating to
board; authorizing board of examiners for licensed practical nurses
to promulgate legislative rule relating to policies and procedures
for development and maintenance of education programs in practical
nursing; authorizing board of medicine to promulgate legislative
rule relating to licensing and disciplinary procedures: Physicians
and podiatrists; authorizing board of optometry to promulgate
legislative rule relating to board; authorizing board of examiners
of psychologists to promulgate legislative rule relating to fees;
authorizing public service commission to promulgate legislative
rule relating to transportation of coal by commercial motor
vehicles; authorizing records management and preservation board to promulgate legislative rule relating to general management and
preservation of county records; and authorizing statewide
addressing and mapping board to promulgate legislative rule
relating to addressing and mapping standards and participation by
public agencies in statewide addressing and mapping projects.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 510, Relating to commission on uniform state
laws.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 551 (originating in the
Committee on the Judiciary), Allowing alcohol beverage control
commissioner to revoke or suspend wine licenses.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 551 (originating
in the Committee on Finance)--A Bill to amend and reenact §60-8-6
and §60-8-18 of the code of West Virginia, 1931, as amended, all
relating generally to the sale of wines; removing two-case
exemption; power of alcohol beverage control commissioner to revoke
or suspend wine licenses; allowing commissioner to revoke, suspend,
place licensee on probation and impose a monetary penalty on
licensee for violation of article or any rule promulgated or order
issued by commissioner; and making technical corrections.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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. 556, Exempting certain retailers from
definition of credit services organizations.
With an amendment from the Committee on Banking and Insurance
pending;
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 556 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §46A-6C-2
of the code of West Virginia, 1931, as amended, relating to credit
services organizations; and exempting retailers of automobiles and trucks from the definition of credit services organizations.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 556) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
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. 633, Relating to electronic mail addresses
protected in higher education institutions; penalty.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bill was rereferred to the
Committee on the Judiciary.
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. 645, Appointing interim judges to court of
claims.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 645) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Finance.
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. 651, Precluding use of privately retained
prosecutors or assistant prosecutors.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 671, Clarifying appeal bond procedures
relating to master tobacco settlement.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 675, Relating to outdoor advertising revenues.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 675 (originating in the
Committee on Finance)--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.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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. 684, Providing for process to enlist binding
arbitration in state employee grievance procedures.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 684 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §18-29-4
of the code of West Virginia, 1931, as amended; and to amend and
reenact §29-6A-4 of said code, all relating to providing for a
process to enlist binding arbitration in state employee and
employees of boards of education, governing boards of higher
education, regional educational service agencies and multicounty
vocational centers grievance procedures.
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 Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 684) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
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. 695, Providing members of racing commission
serve staggered terms.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 695 (originating in the
Committee on the Judiciary)--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 for appointment
of members; continuing terms of current members; providing
staggered terms for members of racing commission;
establishing
requirements for eligibility for appointment; providing for
reimbursement for expenses; establishing meeting requirements; and
making technical corrections.
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 Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 695) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
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. 722 (originating in the Committee on the Judiciary)--A Bill
to repeal §29-5A-11 of the code of West
Virginia, 1931, as amended, relating to prohibiting giving away,
selling or offering for sale intoxicating liquor in any building,
or part thereof, in which boxing or sparring exhibitions are being
conducted.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 722) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
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 Concurrent Resolution No. 65 (originating in the
Committee on the Judiciary)--
Requesting the Joint Committee on
Government and Finance study the availability and affordability of
commercial property and casualty insurance.
Whereas, The affordability and availability of commercial
property and casualty insurance is a concern for businesses and
citizens in West Virginia; and
Whereas, Access to affordable insurance is crucial to the
economic viability of West Virginia's economy; and
Whereas, Businesses in the state have been experiencing difficulty in obtaining and maintaining insurance coverage; and
Whereas, If present trends continue in West Virginia, there
may be a commercial property and casualty insurance crisis; and
Whereas, A study of the impact of economic forces and
regulation upon these lines of insurance is important to maintain
a stable insurance market in West Virginia and ensure the continued
availability of these lines of coverage; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the availability and affordability of commercial
property and casualty insurance; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations,
together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
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 Concurrent Resolution No. 66 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study the availability and affordability of
homeowners' insurance.
Whereas, The state's citizens need available and affordable
homeowners' insurance; and
Whereas, In this state and across the nation, property and
casualty insurance has become increasingly more expensive and
difficult to obtain; and
Whereas, Insurers are increasing premiums, declining to write
new policies and declining to renew existing policies; and
Whereas, The availability and affordability of homeowners'
insurance are essential to the functioning of a healthy real estate
market and the ability of the state's citizens to purchase and
protect their homes and possessions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance study the availability and affordability of
homeowners' insurance; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
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 Concurrent Resolution No. 67 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study potentially establishing criminal
penalties for the interference with medical treatment of railroad
employees, including charges that may be filed, fines for
violations of criminal provisions and possible confinement in a
correctional facility.
Whereas, Protecting the health and safety of all workers in
West Virginia is of paramount importance to the Legislature; and
Whereas, It is against the public policy of the State of West
Virginia to deny, delay or in any way interfere with medical
treatment or first-aid treatment to anyone injured while at their
place of employment; and
Whereas, The economy of West Virginia is vitally dependant
upon rail service for transportation of goods; and
Whereas, Those persons employed in the railroad industry are
often called upon to perform duties that are, at times, dangerous and can result in injury. Medical treatment for these individuals
with such injuries has been, at times, interfered with; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance study potentially establishing criminal
penalties for the interference with medical treatment of railroad
employees, including charges that may be filed, fines for
violations of criminal provisions and possible confinement in a
correctional facility; and, be it
Further Resolved, That the Joint Committee on Government and
Finance shall consult with the Federal Railroad Administration and
representatives of the railway industry, including, but not limited
to, railway company personnel and employees; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Kessler, unanimous consent being granted,
returned to the second order of business and the introduction of
guests.
The Senate again proceeded 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
Com. Sub. for Senate Bill No. 58, Relating to commercial
prisons.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 408 (originating in the
Committee on Education), Relating to growth county school
facilities act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 408 (originating in the Committee on Finance)--A Bill to amend and reenact §11-8-6f
of the code of West Virginia, 1931, as amended; and to amend and
reenact §18-9A-11 of said code, all relating to the growth county
school facilities act; allowing a growth county to use the
provisions of the growth county school facilities act; requiring
those counties to place certain property tax revenues in a growth
county school facilities act fund; requiring those counties to use
moneys in the fund for the benefit of school facilities in the
county; allowing moneys in the fund to be carried over
indefinitely; and providing that certain property tax revenues not
be considered local share funds.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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. 418, Allowing certain sheriff employees to
carry deadly weapons.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 624, Requiring criminal and credit history
investigations for public employment.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 624 (originating in the
Committee on the Judiciary)--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 and §6C-2-6;
and to amend and reenact §15-2C-1 and §15-2C-4 of said code, all
relating to requiring state agencies and entities to conduct
criminal and driving record checks when initially hiring employees
and individuals seeking to provide services through personal
service contracts; confidentiality; duties of the state police;
promulgation of legislative rules by the division of personnel of
the department of administration; central abuse registry;
definitions; and disclosure of information.
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 Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 624) contained in the
preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
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. 637, Relating to written agreement for
factory-built homes.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 637) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Kessler, the bill was rereferred to the
Committee on the Judiciary.
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. 672, Relating to municipalities' right to
collect public utility fees.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 672 (originating in the Committee on the Judiciary)--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; deposit
required for new customers; payment for delinquency from deposit;
reconnecting deposit; liens; discontinuance of service for
delinquency; tenants; providing refund of deposit with interest;
and requiring owners of property abutting municipal sewer to pay
municipal sewer fees regardless of connection;
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 705, Removing personal use exception for
criminal offense of manufacturing controlled substance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 705 (originating in the
Committee on the Judiciary)--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.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Bowman, Harrison, Ross, Rowe,
Snyder, Sprouse, Deem and Minard.
Thereafter, at the request of Senator Unger, and by unanimous
consent, the remarks by Senator Snyder were ordered printed in the
Appendix to the Journal.
At the request of Senator Sprouse, unanimous consent being
granted, the remarks by Senator Harrison were ordered printed in
the Appendix to the Journal.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Bailey.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, March 1, 2004, at 11 a.m.
____________