Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, 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
Senate Bill No. 22, Reducing allowable blood alcohol for DUI;
other provisions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 22 (originating in the Committee
on the Judiciary)--A Bill to amend and reenact §17B-1-1 of the code
of West Virginia, 1931, as amended;
to amend said code by adding
thereto a new section, designated §17C-1-67
; and to amend and
reenact §17C-5A-3a of said code, all relating to defining the term
"conviction"; and requiring mandatory participation in the motor
vehicle alcohol test and lock program for repeat offenders.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 22) 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 Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 31, Providing person not guilty of trespassing
or hunting without permission in certain cases.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 31 (originating in the Committee
on Natural Resources)--A Bill to amend and reenact §20-2-7 of the
code of West Virginia, 1931, as amended, relating to hunting with
dogs; and providing that persons may not be guilty of trespassing
or hunting without permission because the person unintentionally
permits his or her dog to pursue an animal or wild bird onto
another person's land.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 31) contained in the
preceding report from the Committee on Natural Resources 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 the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 262, Authorizing sale of certain real estate
on Buffalo Creek, Logan County.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 262 (originating in the
Committee on Government Organization)--A Bill
authorizing the
department of administration to sell 2.25 acres of land, together
with the improvements thereon, situate at Crites, on Buffalo Creek, in Triadelphia tax district, Logan County.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 262) contained in the
preceding report from the Committee on Government Organization 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. 313, Relating to mortgage license provisional
approval.
With amendments from the Committee on Banking and Insurance
pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as amended by the Committee on Banking and Insurance to which
the bill was first referred; and as last amended by the Committee
on the Judiciary.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 313) 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
Com. Sub. for Senate Bill No. 315 (originating in the
Committee on Health and Human Resources), Creating mental hygiene
pilot program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 315 (originating
in the Committee on the Judiciary)--A Bill to amend the code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §27-5-11, relating to creating a mental hygiene pilot
program in three counties or circuits dealing with multiple
involuntarily committed persons; reporting requirement; and sunset
provision.
With the recommendation that the committee substitute for
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 Com. Sub. for S. B. No. 315)
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. 403, Exempting certain charges by mortgage
brokers, lenders and loan originators from consumers sales tax.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 403) contained in the preceding report
from the Committee on Finance 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
Com. Sub. for Senate Bill No. 454 (originating in the Committee on Government Organization), Relating to land-use
planning.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 454 (originating
in the Committee on the Judiciary)--A Bill
to repeal §8-24-1, §8-
24-2, §8-24-3, §8-24-4, §8-24-5, §8-24-6, §8-24-7, §8-24-8, §8-24-
9, §8-24-10, §8-24-11, §8-24-12, §8-24-13, §8-24-14, §8-24-15, §8-
24-16, §8-24-17, §8-24-18, §8-24-19, §8-24-20, §8-24-21, §8-24-22,
§8-24-23, §8-24-24, §8-24-25, §8-24-26, §8-24-27, §8-24-28, §8-24-
29, §8-24-30, §8-24-31, §8-24-32, §8-24-33, §8-24-34, §8-24-35, §8-
24-36, §8-24-37, §8-24-38, §8-24-39, §8-24-40, §8-24-41, §8-24-42,
§8-24-43, §8-24-44, §8-24-45, §8-24-46, §8-24-47, §8-24-48,
§8-24-49, §8-24-50, §8-24-50a, §8-24-50b, §8-24-51, §8-24-52,
§8-24-53, §8-24-54, §8-24-55, §8-24-56, §8-24-57, §8-24-58,
§8-24-59, §8-24-60, §8-24-61, §8-24-62, §8-24-63, §8-24-64,
§8-24-65, §8-24-66, §8-24-67, §8-24-68, §8-24-69, §8-24-70, §8-24-
71, §8-24-72, §8-24-73, §8-24-73a, §8-24-73b, §8-24-73c, §8-24-73d,
§8-24-74, §8-24-74a, §8-24-74b, §8-24-74c, §8-24-75, §8-24-76, §8-
24-77, §8-24-78, §8-24-79, §8-24-80, §8-24-81, §8-24-82, §8-24-83,
§8-24-84 and §8-24-85 of the code of West Virginia, 1931, as
amended; and to amend said code by adding thereto a new chapter,
designated §8A-1-1, §8A-1-2, §8A-2-1, §8A-2-2, §8A-2-3, §8A-2-4,
§8A-2-5, §8A-2-6, §8A-2-7, §8A-2-8, §8A-2-9, §8A-2-10, §8A-2-11, §8A-3-1, §8A-3-2, §8A-3-3, §8A-3-4, §8A-3-5, §8A-3-6, §8A-3-7, §8A-
3-8, §8A-3-9, §8A-3-10, §8A-3-11, §8A-3-12, §8A-3-13, §8A-3-14,
§8A-4-1, §8A-4-2, §8A-4-3, §8A-4-4, §8A-4-5, §8A-4-6, §8A-4-7, §8A-
5-1, §8A-5-2, §8A-5-3, §8A-5-4, §8A-5-5, §8A-5-6, §8A-5-7, §8A-5-8,
§8A-5-9, §8A-5-10, §8A-5-11, §8A-5-12, §8A-6-1, §8A-6-2, §8A-6-3,
§8A-7-1, §8A-7-2, §8A-7-3, §8A-7-4, §8A-7-5, §8A-7-6, §8A-7-7, §8A-
7-8, §8A-7-9, §8A-7-10, §8A-7-11, §8A-7-12, §8A-7-13,
§8A-8-1, §8A-
8-2, §8A-8-3, §8A-8-4, §8A-8-5, §8A-8-6, §8A-8-7, §8A-8-8, §8A-8-9,
§8A-8-10, §8A-8-11, §8A-8-12, §8A-9-1, §8A-9-2, §8A-9-3, §8A-9-4,
§8A-9-5, §8A-9-6, §8A-9-7, §8A-10-1, §8A-10-2, §8A-10-3, §8A-10-4,
§8A-10-5, §8A-11-1, §8A-11-2, §8A-12-1, §8A-12-2, §8A-12-3, §8A-12-
4, §8A-12-5, §8A-12-6, §8A-12-7, §8A-12-8, §8A-12-9, §8A-12-10,
§8A-12-11, §8A-12-12, §8A-12-13, §8A-12-14, §8A-12-15, §8A-12-16,
§8A-12-17, §8A-12-18, §8A-12-19, §8A-12-20 and §8A-12-21, all
relating to land-use planning; planning commissions; comprehensive
plan; subdivision and land development ordinance; subdivision or
land development plan and plat; improvement location permit;
zoning; board of zoning appeals; appeal process; enforcement;
penalties; special provisions; and voluntary farmland protection
program.
With the recommendation that the committee substitute for
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 Com. Sub. for S. B. No. 454)
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 Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 456, Requiring state agencies administering
funds or grants notify grantee in certain cases.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 456 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§12-4-14 of the code of West Virginia, 1931, as amended, relating
to requiring state agencies administering funds or grants to notify
grantees of certain audit reporting requirements; barring grantees
not complying with reporting requirements from subsequently
receiving funds or grants; and allowing audits to be filed
electronically.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 456) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 482, Reclassifying juvenile detention and
corrections facility employees.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 482) contained in the preceding report
from the Committee on Government Organization 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. 502, Relating to rights of members of teachers
defined contribution retirement system.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 502 (originating in the
Committee on Finance)--A Bill to amend and reenact §18-7B-7, §18-
7B-9, §18-7B-11 and §18-7B-16 of the code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section,
designated §18-7B-20, all relating to the rights of members of the
teachers defined contribution retirement system; clarifying
membership; permitting periodic payment distributions; prohibiting involuntary distributions; clarifying service credit for vesting
and suspension account; and clarifying forfeiture money payment.
And,
Senate Bill No. 508, Relating to commission on arts.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 508 (originating in the
Committee on Finance)--A Bill to amend and reenact §29-1-3 of the
code of West Virginia, 1931, as amended, relating to membership of
the commission on the arts; and expenditure of moneys in the
cultural facilities and capital resources matching grant program
fund.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 502 and 508) contained
in the preceding report from the Committee on Finance were each
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. 518, Relating to policemen and
firemen required to work during holidays; compensation.
And,
Senate Bill No. 678, Providing reduced tax rate applies to
certain underground mines.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bills (Com. Sub. for S. B. No. 518 and S. B. No. 678)
contained in the preceding report from the Committee on Finance
were each 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. 536, Relating to claims against state.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 536) contained in the preceding report
from the Committee on Finance 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. 563, Relating to public employees retirement
act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 563) contained in the preceding report
from the Committee on Finance 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. 564, Relating to physicians' mutual insurance company.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 564 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §30-3-12
of the code of West Virginia, 1931, as amended; and to amend and
reenact §33-20F-7, all relating to permitting a physician who
allows his or her medical license to expire upon retirement to
retain the original wall license issued by the board of medicine;
exempting a physician holding an inactive license from payment of
the assessment required for the physicians' mutual insurance
company; board of medicine and board of osteopathy to notify
physicians of payment of assessment; time for payment; physician
may file for exemption; failure to pay assessment by the thirtieth
day of June, two thousand four; suspension of license;
reinstatement of license upon payment to the appropriate licensing
board; and sunset provision.
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. 564) 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. 624, (originating in the
Committee on the Judiciary), Requiring criminal and driving record
checks for public employment and certain other individuals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 624 (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 §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 for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 624)
contained in the preceding report from the Committee on Finance 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. 629, Creating Small Estate Probate Relief Act
of 2004.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 629 (originating in the
Committee on the Judiciary)--A Bill to repeal §44-2-2 of the code
of West Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated §41-5-1a; to amend and reenact
§44-1-1, §44-1-6 and §44-1-14a of said code; to amend said code by
adding thereto a new section, designated §44-1-4a; and to amend and
reenact §44-2-1 of said code, all relating to decedents and their
estates generally; creating the "Small Estate Probate Relief Act of
2004"; providing record notice of death; permitting personal
representatives to qualify without appearing personally;
eliminating administration of small uncontested estates of one hundred thousand dollars or less in assets exclusive of real estate
assets; modifying the time of publication of notice of the filing
of an appraisement; modifying the contents of notice of probate of
estates; allowing estates having a value of one hundred thousand
dollars to be probated without reference to a fiduciary
commissioner; permitting county commissions to promulgate fees for
fiduciary commissioners; and standardizing certain provisions
governing probate which relate to fiduciary supervisors and county
clerks.
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. 629) 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. 637, Relating to written agreement for
factory-built homes.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No 637 (originating in the Committee
on the Judiciary)--
A Bill to amend and reenact §37-15-2, §37-15-3
and §37-15-6 of the code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section, designated §37-15-
3a; and to amend said code by adding thereto a new article,
designated §55-3B-1, §55-3B-2, §55-3B-3, §55-3B-4, §55-3B-5 and
§55-3B-6, all relating to real property; house trailers, mobile
homes, manufactured homes and modular homes; definitions; written
rental agreements; termination of tenancy; rules and regulations
adopted by owner; remedies for wrongful occupation of factory-built
home site; definitions; tenancy of factory-built home site;
definitions; tenancy of factory-built home site; termination of
tenancy; petition for summary relief for wrongful occupation of
residential rental property; contents of petition; notice; hearing
defenses; eviction; removal of factory-built home; duty of sheriff;
appeal; failure of tenant to remove factory-built home; landlord's
options; disposal of personal property; and storage and removal
costs.
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. 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.
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. 645, Appointing interim judges to court of
claims.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 27, 2004;
And reports the same back with the recommendation that it 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. 653, Providing that certain
judges not required to contribute to retirement system.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 653) contained in the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 654, Relating to appointment of members to
county airport authorities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 654 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§8-29A-2 of the code of West Virginia, 1931, as amended, relating
to the authority of county commissions to appoint members of county
airport authorities; and allowing one member to reside in a county
contiguous to the county in which the authority is located
regardless of state of residence.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
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. 701 (originating in the
Committee on the Judiciary), Authorizing certain taxes imposed by
municipalities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 701 (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 §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5,
§8-13C-6, §8-13C-7, §8-13C-8, §8-13C-9 and §8-13C-10; to amend and
reenact §11-9-2, §11-9-3, §11-9-4, §11-9-5, §11-9-6, §11-9-8 and
§11-9-10 of said code; and to amend and reenact §11-10-3 of said
code, all relating to authorizing a qualifying municipality to
impose municipal occupational tax, municipal sales and service tax
and use tax; establishing responsibilities of tax commissioner
relating to municipal sales and service tax and municipal use tax;
clarifying application of other state tax laws; creating qualifying
municipal sales and service tax and use tax fund; providing tax
rate apply to purchasers from printed catalogs; limiting use of the
proceeds of the taxes to application toward the unfunded liability
of certain pensions; citing instances where qualifying municipality
loses certain taxing authority; addressing conflicts and
unconstitutionality; and imposing criminal penalties for certain
violations relating to municipal sales and service tax and use tax.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 701)
contained in the preceding report from the Committee on Finance 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. 704, Relating to public defender services.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 704 (originating in the
Committee on Finance)--A Bill to repeal §29-21-12, §29-21-13 and
§29-21-13a of the code of West Virginia, 1931, as amended; and to
amend and reenact §29-21-3, §29-21-6, §29-21-8, §29-21-9, §29-21-10
and §29-21-11 of said code, all relating to public defender
services; continuing public defender services; creating the
indigent defense commission; specifying members and their terms;
transferring powers and duties of agency to the executive director;
authorizing the executive director to reduce or reject vouchers;
removal of public defender corporation board members; activation of corporations; permitting the employment of both full-time and
part-time attorneys; changing the manner of appointment of panel
attorneys; removing the sections relating to public defender
corporations' funding; requiring corporations to submit budget;
authorizing amended funding contracts; providing for payment of
fees to panel attorneys; and requiring services provided to public
defender corporations.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 704) contained in the
preceding report from the Committee on Finance 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. 709, Providing additional internal controls
and procedures for purchasing card program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 709 (originating in the
Committee on Finance)--A Bill to amend and reenact §12-3-10a, §12-3-10b, §12-3-10c, §12-3-10d and §12-3-10e of the code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §12-3-10g, all relating to the
purchasing card program; providing for additional internal controls
and procedures; requiring training; modifying criminal penalties;
modifying fees; expanding the purchasing card advisory committee;
centralizing control in the auditor's office; setting effective
dates; and authorizing emergency rules.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 709) contained in the
preceding report from the Committee on Finance 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. 725 (originating in the Committee on
Education)--A Bill to repeal §18B-1A-8 of the code of West
Virginia, 1931, as amended; to repeal §18B-1B-7 of said code; to
repeal §18B-3C-7 of said code; to repeal §18B-6-2a, §18B-6-3a,
§18B-6-4a and §18B-6-4b of said code; to amend and reenact §18-2-1
of said code; to amend and reenact §18B-1-1a, §18B-1-2, §18B-1-3 and §18B-1-6 of said code; to amend and reenact §18B-1A-2,
§18B-1A-3, §18B-1A-4 and §18B-1A-5 of said code; to amend and
reenact §18B-1B-1, §18B-1B-2, §18B-1B-4, §18B-1B-5 and §18B-1B-6 of
said code; to amend said code by adding thereto a new section,
designated §18B-1B-11; to amend and reenact §18B-2A-1 and §18B-2A-4
of said code; to amend said code by adding thereto a new section,
designated §18B-2A-6; to amend and reenact §18B-2B-1, §18B-2B-2,
§18B-2B-3, §18B-2B-4, §18B-2B-5, §18B-2B-6, §18B-2B-7 and §18B-2B-8
of said code; to amend and reenact §18B-2C-3 and §18B-2C-4 of said
code; to amend and reenact §18B-3C-2, §18B-3C-3, §18B-3C-4,
§18B-3C-5, §18B-3C-6, §18B-3C-8, §18B-3C-9, §18B-3C-10 and
§18B-3C-12 of said code; to amend and reenact §18B-4-1 and §18B-4-2
of said code; to amend and reenact §18B-5-4 of said code; to amend
and reenact §18B-6-1 and §18B-6-1a of said code; to amend said code
by adding thereto five new sections, designated §18B-6-2, §18B-6-3,
§18B-6-4, §18B-6-5 and §18B-6-6; to amend and reenact §18B-7-1 of
said code; to amend said code by adding thereto a new section,
designated §18B-7-12; and to amend and reenact §18B-9-1 and
§18B-9-2 of said code, all relating to education generally; higher
education; post-secondary education; state board membership; powers
and duties of higher education policy commission and council for
community and technical college education; goals for post-secondary
education; definitions; transferring certain rules and clarifying
rule-making authority; developing and approving institutional
compacts and master plans; establishing benchmarks and indicators;
authorizing emergency rule; selecting peer institutions; legislative financing goals; budget authority of commission and
council; reducing duration of certain grants; higher education
personnel; developing public policy agenda; commission membership;
consistency and cooperation among commission, council and certain
boards and groups; establishing priorities and distributing funds
for capital projects; employment of staff; appointments to boards
and commissions; transfer of certain course credits; approval of
new institutions, programs and courses; employment of chancellor
for higher education; powers and duties; evaluations and contracts;
appointment of institutional presidents; evaluations; role of
governing and advisory boards, commission and council in
appointments; requiring study of certain institutions providing
post-secondary education; requiring reports to legislative
oversight commission on education accountability; powers and duties
of governing boards and institutional boards of advisors; authority
of governing board in determining institutional status;
establishing or continuing governing and advisory boards for
certain institutions; membership; terms of office; legislative
findings; employment of chancellor for community and technical
college education; evaluations and contracts; maintenance of
employee benefits; council membership and terms of office;
qualifications; jurisdiction and authority of council; employment
of staff; tuition and fees; certain fee transfer; developing
standards for remedial and developmental courses; higher education
report card; authorization to withdraw certain powers from a
governing board; transfer and expansion of certain administrative, programmatic and budgetary control; establishing certain deadlines
for commission and council; employee transfer; powers and duties of
chancellor; establishing and conforming structure of certain
advisory groups; membership and terms of office; exceptions;
meetings; development of search and screening guidelines;
establishing certain advisory groups; clarifying certain expenses;
modifying deadline for attaining independent accreditation;
exceptions; council options; district consortia elimination;
community and technical college consortia districts established;
consortia powers, duties, responsibilities and operation; modifying
title of certain employees; continuation in office; council
authority over certain degree programs; service and fee requirement
modification and limitation; employee reorganization; supervision
of certain employees; essential services; employment of vice
chancellor for administration; deadline for employment; modifying
certain purchasing and competitive bidding requirements; certain
employee seniority and displacement authority modification; duty of
council regarding personnel classification system; and eliminating
certain obsolete provisions.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the bill (S. B. No. 725) contained in the foregoing report from the Committee on Education
was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 726 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §31-16-5 of
the code of West Virginia, 1931, as amended, relating to
continuation of the steel advisory commission and steel futures
program.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 726) contained in the preceding report
from the Committee on Government Organization was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 727 (originating in the Committee on
Government Organization)--A Bill
to reform, alter and modify the
county commission of Hampshire County under the provisions of
section thirteen, article IX of the constitution of West Virginia.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 727) contained in the preceding report
from the Committee on Government Organization 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. 728 (originating in the Committee on the
Judiciary)--A Bill
to amend and reenact §22-11-3 of the code of
West Virginia, 1931, as amended, relating to adding a definition of
fill material to the water pollution control act.
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. 728) 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. 729 (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 §29-12D-1,
§29-12D-2 and §29-12D-3, all relating to the establishment, initial
funding and operation of a patient injury compensation fund;
creating a patient injury compensation fund; providing initial
funding for the fund; specifying that the fund shall not be
considered a defendant for certain actions and shall not be
considered an insurer or insurance company under the code;
providing that the fund shall be administered by the board of risk
and insurance management; specifying certain powers and authority
of the board in respect of the fund; providing that the assets of
the fund shall be held in trust for their intended purposes and
managed and invested by the investment management board; requiring
an annual audit of the fund by an independent actuary; providing
that in no circumstance shall the state, the board, the investment
board or any person or persons acting on their behalf be liable for
the debts, liabilities or obligations of the fund; providing for payments from the fund to qualified claimants; providing limits on
the amount on payment in respect of any occurrence; authorizing
payments from the fund either in lump sums or in the form of
periodic payments; authorizing the board to make payments from the
fund in connection with the settlement of claims; establishing
procedures for the payment of claims and settlement amounts;
providing for proration of payments in a given fiscal year in the
event there are insufficient assets in the fund to make full
payment of a claim or claims in such fiscal year; and authorizing
the payment of attorney fees out of the fund in accordance with a
sliding scale based upon the amount of the payment.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it 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. 729) 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 referred to the
Committee on Finance.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 730 (originating in the Committee on
Pensions)--A Bill to amend the code of West Virginia, 1931, as
amended,
by adding thereto a new section, designated §18-7B-7a; and
to amend said code by adding thereto a new article, designated §18-
7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7,
§18-7C-8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C-12, §18-7C-13 and
§18-7C-14, all relating to the merger and consolidation of the
teachers defined contribution retirement system and the state
teachers retirement system generally; closing the teachers defined
contribution retirement system to newly hired personnel; rehires to
be in last plan contributed to; setting forth short title; setting
forth legislative findings and purpose; providing definitions;
providing for merger and consolidation of the teachers defined
contribution retirement system and the state teachers retirement
system; setting forth dates and time periods; providing for notice
to members; providing for education of members; specifying dates
and relevant time periods; providing for conversion and transfer of
assets from the teachers defined contribution retirement system to
the state teachers retirement system; providing for election on the
question of merger and consolidation of the teachers defined
contribution retirement system and the state teachers retirement
system; prior service in state teachers retirement system
unaffected; setting forth terms of election and defining valid
election; setting forth terms of merger and consolidation of the
teachers defined contribution retirement system and the state
teachers retirement system; requiring members of defined contribution plan to pay additional amount in order to receive full
actuarial credit upon merger; establishing time period for payment
and interest; plan loans; loan terms; addressing withdrawals and
cash outs; providing for service credit in the state teachers
retirement system; providing that provisions of article are void if
less than a majority of at least one half of the members of the
defined contribution plan vote in favor of the merger; allowing
consolidated public retirement board to contract directly for
professional services; providing the election is deemed final;
addressing qualified domestic relations orders; providing for
vesting; setting forth minimum guarantees; providing for due
process and right to appeal; and providing for nonseverability.
And reports the same back without recommendation as to
passage.
Respectfully submitted,
Evan H. Jenkins,
Chair.
At the request of Senator Jenkins, unanimous consent being
granted, the bill (S. B. No. 730) contained in the preceding report
from the Committee on Pensions was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Jenkins, the bill was rereferred to the
Committee on Pensions.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 731 (originating in the Committee on
Government Organization)--A
Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-1-11, relating to the promulgation of rules by the
department of administration for compliance standards on all
property leased by the state.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 731) contained in the preceding report
from the Committee on Government Organization was taken up for
immediate consideration, read a first time and ordered to second
reading.
On motion of Senator Bowman, the bill was referred to the
Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 34, Designating Cass Scenic Railroad State Park's Shay No. 5 steam locomotive as official state
steam locomotive and 2005 "Year of the Shay No. 5".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 58, Requesting State Building
Commission rename state office complex in Fairmont "Manchin Office
Complex".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Facemyer.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, March 2, 2004, at 11 a.m.
____________