Upon expiration of the recess, the Senate reconvened.
The President then stated that the hour had arrived for the
special order of business, as to
Eng. Com. Sub. for Senate Bill No. 549, Relating to abandoned
motor vehicles on private property.
On third reading, and now coming up as a special order, was
reported by the Clerk.
At the request of Senator Deem, unanimous consent was granted
to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Deem, the following amendments
to the bill were reported by the Clerk and considered
simultaneously:
On page four, section one, line forty-one, by striking out the
word "and" and inserting in lieu thereof the word "or";
And,
On page six, section one, line eighty-five, by striking out
the word "and" and inserting in lieu thereof the word "or".
The question being on the adoption of Senator Deem's
amendments to the bill, the same was put.
The result of the voice vote being inconclusive, Senator
Chafin demanded a division of the vote.
A standing vote being taken, there were twenty-five "yeas" and
six "nays".
Whereupon, Senator Tomblin (Mr. President) declared Senator
Deem's amendments to the bill adopted.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 549 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Smith, Snyder,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--28.
The nays were: Dempsey, Hunter, Ross, Rowe and Sharpe--5.
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. 549) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Consideration of Engrossed Committee Substitute for Senate
Bill No. 549 having been concluded, the Senate proceeded to the
special order of business set for this position, as to
Eng. Senate Bill No. 673, Providing certain reporting
requirements of coal transported on public highways.
On third reading, and now coming up as a special order, was
reported by the Clerk.
At the request of Senator Facemyer, unanimous consent was
granted to offer amendments to the bill on third reading.
Thereupon, on motions of Senators Facemyer, Ross, White,
Caldwell, Love, McKenzie and Deem, the following amendment to the
bill was reported by the Clerk and adopted:
On page one, after the enacting section, by inserting the
following:
ARTICLE 17. SIZE, WEIGHT AND LOAD.
§17C-17-11d. Establishing maximum road highway weights.
Effective the first day of July, two thousand three four, the
maximum gross vehicle weight on existing state-maintained roads and
public highways designated for gross weight vehicle load of sixty-
five thousand pounds, seventy-three thousand five hundred pounds
and eighty thousand pounds shall have a tolerance of ten percent.
All requirements for vehicle design and axle weights otherwise
established under this code remain applicable. In no case may the
commissioner authorize weight limits on any state-maintained road
or public highway that would jeopardize or otherwise limit federal
highway fund appropriations to this state. The commissioner of
highways shall, by the thirty-first day of December, two thousand
three four, review and revise, as the commissioner deems
appropriate, weight limits for all state-maintained roads and
public highways and provide to the joint committee on government
and finance a report denoting all weight limits as they have been
designated on state-maintained roads and public highways.
On motions of Senators Facemyer, Ross, White, Caldwell, Love,
McKenzie and Deem, the following amendment to the bill was next
reported by the Clerk and adopted:
On page one, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That §17C-17-11d of the code of West Virginia, 1931, as
amended, be amended and reenacted; and that §17C-17A-1, §17C-17A-3
and §17C-17A-6 of said code be amended and reenacted
, all to read
as follows:
.
The bill, as just amended, was again ordered to engrossment.
Engrossed Senate Bill No. 673 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Boley, Deem,
Facemyer, Fanning, Guills, Harrison, Helmick, Love, McCabe, Minard,
Minear, Ross, Sharpe, Snyder, Sprouse, Weeks and Tomblin (Mr.
President)--17.
The nays were: Bowman, Caldwell, Chafin, Dempsey, Edgell,
Hunter, Jenkins, Kessler, McKenzie, Oliverio, Plymale, Prezioso,
Rowe, Smith, Unger and White--16.
Absent: Bailey--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 673) passed.
On motions of Senators Facemyer, Ross, White, Caldwell, Love,
McKenzie and Deem, the following amendment to the title of the bill
was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 673--A Bill to amend and reenact §17C-17-
11d of the code of West Virginia, 1931, as amended; and to amend
and reenact §17C-17A-1, §17C-17A-3 and §17C-17A-6 of said code, all relating to reporting requirements on coal resource transportation
roads; and removing the reporting requirement for vehicles hauling
coal on roads that are not part of the coal resource transportation
road system.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The special order of business having been concluded,
Without objection, the Senate returned to the third order of
business.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
submitting the annual probation and parole report, which was
received:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 2, 2004
Senate Executive Message No. 3
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
As empowered by Section 11, Article VII of the Constitution of
the State of West Virginia and Section 16, Article 1, Chapter 5 of the Code of West Virginia, I extended relief to the persons named
on the attached report. I submit this report in accordance with
the above-cited provisions for the period March 2, 2003, to March
1, 2004.
Very truly yours,
Bob Wise,
Governor.
PARDONS AND MEDICAL RESPITES GRANTED
BY GOVERNOR BOB WISE
FOR THE PERIOD
MARCH 2, 2003, TO MARCH 1, 2004
William Ronald
Grimmett
Decided: April 28, 2003
In 1962, Mr. Grimmett entered a plea of guilty to one felony
count of grand larceny. On August 17, 1962, the Greenbrier County
Circuit Court sentenced him to one-to-ten years of imprisonment.
Mr. Grimmett was granted parole in 1963 and successfully completed
his parole period. Since that time, Mr. Grimmett has maintained
himself as a responsible, law-abiding citizen, leading a productive
and contributing lifestyle.
For these reasons, Governor Wise granted a full, unconditional
and complete pardon to William Ronald Grimmett for the offense of
grand larceny.
Carl Terry Buck
Decided: June 24, 2003
In 1977, Mr. Buck entered a plea of guilty to one felony count of grand larceny. On December 16, 1977, the Kanawha County Circuit
Court sentenced him to a three-year term of probation. Mr. Buck
was granted an early release from probation on June 28, 1979, for
good conduct. Since that time, Mr. Buck has maintained himself as
a responsible, law-abiding citizen, leading a productive and
contributing lifestyle.
For these reasons, Governor Wise granted a full, unconditional
and complete pardon to Carl Terry Buck for the offense of grand
larceny.
Harry Foster Higginbotham
Decided: August 7, 2003
In 1983, Mr. Higginbotham pled guilty to one felony count of
fourth-degree arson and was sentenced by the Kanawha County Circuit
Court to a two-year term of probation. Mr. Higginbotham was
granted an early release from probation on October 31, 1984, for
good conduct. Since that time, Mr. Higginbotham has maintained
himself as a responsible, law-abiding citizen, leading a productive
and contributing lifestyle.
For these reasons, Governor Wise granted a full, unconditional
and complete pardon to Harry Foster Higginbotham for the offense of
fourth-degree arson.
William Raymond Hoak
Decided: August 7, 2003
In 1964, Mr. Hoak pled guilty to one felony count of breaking
and entering. On February 17, 1964, the Jefferson County Circuit
Court sentenced him to one-to-ten years of imprisonment, which sentence was suspended to a three-year term of probation. Mr. Hoak
successfully completed his probationary period. Since that time,
Mr. Hoak has maintained himself as a responsible, law-abiding
citizen, leading a productive and contributing lifestyle.
For these reasons, Governor Wise granted a full, unconditional
and complete pardon to William Raymond Hoak for the offense of
breaking and entering.
Edward Arnold Sadler, Jr.
Decided: August 7, 2003
In 1998, Mr. Sadler pled guilty to one misdemeanor count of
shoplifting. On December 21, 1998, he was fined and ordered to pay
restitution by the Municipal Court of Nitro in Kanawha County. Mr.
Sadler fulfilled the requirements of the court. Since that time,
Mr. Sadler has maintained himself as a responsible, law-abiding
citizen, leading a productive and contributing lifestyle.
For these reasons, Governor Wise granted a full, unconditional
and complete pardon to Edward Arnold Sadler, Jr., for the offense
of shoplifting.
Thomas Stanton Gwinn, Jr.
Decided: October 1, 2003
In 1989, Mr. Gwinn was found guilty of unlawful wounding. On
April 20, 1989, the Fayette County Circuit Court sentenced him to
one-to-ten years of imprisonment, which was suspended to three
years of probation. Mr. Gwinn successfully fulfilled all probation
obligations and completed his probation period without incident.
Since that time, Mr. Gwinn has maintained himself as a responsible, law-abiding citizen, leading a productive and contributing
lifestyle.
For these reasons, Governor Wise granted a full, unconditional
and complete pardon to Thomas Stanton Gwinn, Jr., for the offense
of unlawful wounding.
Matthew David Flower
Decided: December 15, 2003
In 1999, Mr. Flower pled guilty to a misdemeanor charge of
first offense driving under the influence. On January 28, 1999, he
was sentenced by the Municipal Court in Morgantown, Monongalia
County, to a 24-hour jail term and was assessed fines and costs.
Mr. Flower successfully fulfilled the terms of his sentence. Since
that time, Mr. Flower has maintained himself as a responsible, law-
abiding citizen, leading a productive and contributing lifestyle.
For these reasons, Governor Wise granted a full, unconditional
and complete pardon to Matthew David Flower for the offense of
first offense driving under the influence.
Victoria Elizabeth Hess
Decided: December 15, 2003
In 1998, Ms. Hess pled guilty to the misdemeanor charges of
first offense driving under the influence and obstructing. On
February 25, 1998, she was sentenced by the Magistrate Court of
Berkeley County to a thirty-day jail term, one year of unsupervised
probation, community service and assessed fines and costs. Ms.
Hess successfully fulfilled the terms of her sentence. Since that
time, Ms. Hess has maintained herself as a responsible, law-abiding citizen, leading a productive and contributing lifestyle.
For these reasons, Governor Wise granted a full, unconditional
and complete pardon to Victoria Elizabeth Hess for the offenses of
first offense driving under the influence and obstructing.
John Michael Barrett
Decided: December 18, 2003
In 1968, Mr. Barrett pled guilty to one felony count of grand
larceny. On February 19, 1968, he was sentenced by the Wood County
Circuit Court to a term at the State Forestry Camp and five years
of probation. Mr. Barrett was released from the State Forestry
Camp on December 30, 1968, and was granted early release from
probation on January 26, 1972, successfully fulfilling the terms of
his sentence. Since that time, Mr. Barrett has maintained himself
as a responsible, law-abiding citizen, leading a productive and
contributing lifestyle.
For these reasons, Governor Wise granted a full, unconditional
and complete pardon to John Michael Barrett for the offense of
grand larceny.
Tonyia K. Miller
Decided: February 3, 2004
In February of 1998, Ms. Miller pled guilty to one misdemeanor
count of shoplifting. She was fined and ordered to pay court costs
by the Municipal Court of the City of Charleston in Kanawha County.
Ms. Miller fulfilled the requirements of the court. Since that
time, Ms. Miller has maintained herself as a responsible, law-
abiding citizen, leading a productive and contributing lifestyle.
For these reasons, Governor Wise granted a full, unconditional
and complete pardon to Tonyia K. Miller for the offense of
shoplifting.
__________
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 22, Requiring participation in
motor vehicle alcohol test and lock program for repeat offenders.
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. 58, Relating to commercial
prisons.
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. 121, Expanding powers of
investment management board; other provisions.
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 nine-c, line five, by striking out the
words "is authorized to" and inserting in lieu thereof the word
"may";
On page four, section twelve, line nine, by striking out the
comma and the words "such limitation shall be seventy percent,";
On page four, section twelve, line ten, by striking out the word "such" and inserting in lieu thereof the word "any";
On page four, section twelve, line ten, by striking out the
words "as may be" and inserting in lieu thereof the words "that
are";
On page four, section twelve, line eleven, by striking out the
word "such";
On page four, section twelve, lines eighteen and nineteen, by
striking out the words "may be" and inserting in lieu thereof the
word "are";
On page eight, section twelve, line ninety-one, after the
words "to time" by striking out the comma and the words "which
alternative" and inserting in lieu thereof a period and the word
"Alternative";
On page eight, section twelve, lines ninety-seven and ninety-
eight, by striking out the words "the foregoing" and inserting in
lieu thereof the word "these";
On page nine, section eighteen, line ten, by striking out the
words "the same" and inserting in lieu thereof the word "they";
And,
On page nine, section eighteen, line thirteen, by striking out
the word "such" and inserting in lieu thereof the word "the".
The bill (Com. Sub. for S. B. No. 121), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 139, Creating Tourism
Development Act.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Chafin, the bill was advanced to third
reading with the right for amendments to be considered on that
reading.
Com. Sub. for Com. Sub. for Senate Bill No. 143, Relating to
small employer accident and sickness insurance policies.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 186, Authorizing sale of venison in
restaurants.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 221, Establishing
Public-Private Transportation Facilities Act of 2004.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Helmick, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page five, section two, line fifteen, by striking out the
word "eight" and inserting in lieu thereof the word "nine";
On page nine, section four, line forty-two, by striking out
the words "section six (f)" and inserting in lieu thereof the words
"subsection (e), section six";
On page eleven, section five, line fourteen, by striking out
the words "section six (f)" and inserting in lieu thereof the words "subsection (e), section six";
And,
On page twenty-eight, section ten, line ninety, by striking
out the words "bridge loan".
The bill (Com. Sub. for Com. Sub. for S. B. No. 221), as
amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 262, Authorizing sale of certain
real estate on Buffalo Creek, Logan County.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 313, Relating to mortgage license provisional
approval.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Banking and Insurance, were reported by the Clerk, considered
simultaneously, and adopted:
On page three, section five, line thirty-three, by striking
out the word "division" and inserting in lieu thereof the word
"commissioner";
On page nine, section eight, line one hundred ten, after the
word "not" by inserting the words "contained in a good faith
estimate";
On page nine, section eight, lines one hundred ten and one
hundred eleven, by striking out the words "on the good faith
estimate and not disclosed";
On page fifteen, section fourteen, line thirty-two, by
striking out the word "are" and inserting in lieu thereof the words
"shall be";
On page fifteen, section fourteen, line thirty-three, after
the word "in" by striking out the word "the" and inserting in lieu
thereof the word "said";
And,
On page fifteen, section fourteen, line thirty-four, after the
word "section" by changing the comma to a period, striking out the
words "and all of the section provisions" and inserting in lieu
thereof the words "The provisions of such section".
The following amendment to the bill, from the Committee on the
Judiciary, was next reported by the Clerk and adopted:
On page three, section five, line thirty-seven, by striking
out the word "may" and inserting in lieu thereof the word "shall".
The bill (S. B. No. 313), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 315, Creating
mental hygiene pilot program.
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. 350, Authorizing bureau of
commerce to promulgate legislative rules.
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. 399, Authorizing miscellaneous boards and agencies to promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 403, Exempting certain charges by mortgage
brokers, lenders and loan originators from consumers sales tax.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators
Sprouse, Harrison, Guills, McKenzie,
Minear, Smith, Rowe and Weeks
, the following amendment to the bill
was reported by the Clerk:
O
n page two, after section nine-h, by inserting a new section,
designated section nine-i, to read as follows:
§11-15-9i. Exemption for sales of food and food products for off-
premises consumption.
Sales of food and food products sold for human consumption off
the premises where sold shall be exempt from consumers sales tax
according to the following schedule:
(a) On and after the first day of January, two thousand five,
the consumers sales tax on food and food products sold for human
consumption off the premises where sold shall be reduced to five
and one-half percent;
(b) On and after the first day of January, two thousand six,
the consumers sales tax on food and food products sold for human
consumption off the premises where sold shall be reduced to five
percent;
(c) On and after the first day of January, two thousand seven, the consumers sales tax on food and food products sold for human
consumption off the premises where sold shall be reduced to four
and one-half percent;
(d) On and after the first day of January, two thousand eight,
the consumers sales tax on food and food products sold for human
consumption off the premises where sold shall be reduced to four
percent;
(e) On and after the first day of January, two thousand nine,
the consumers sales tax on food and food products sold for human
consumption off the premises where sold shall be reduced to three
and one-half percent;
(f) On and after the first day of January, two thousand ten,
the consumers sales tax on food and food products sold for human
consumption off the premises where sold shall be reduced to three
percent;
(g) On and after the first day of January, two thousand
eleven, the consumers sales tax on food and food products sold for
human consumption off the premises where sold shall be reduced to
two and one-half percent;
(h) On and after the first day of January, two thousand
twelve, the consumers sales tax on food and food products sold for
human consumption off the premises where sold shall be reduced to
two percent;
(i) On and after the first day of January, two thousand
thirteen, the consumers sales tax on food and food products sold
for human consumption off the premises where sold shall be reduced to one and one-half percent;
(j) On and after the first day of January, two thousand
fourteen, the consumers sales tax on food and food products sold
for human consumption off the premises where sold shall be reduced
to one percent;
(k) On and after the first day of January, two thousand
fifteen, the consumers sales tax on food and food products sold for
human consumption off the premises where sold shall be reduced to
one-half percent;
(l) On and after the first day of January, two thousand
sixteen, the consumers sales tax on food and food products sold for
human consumption off the premises where sold shall be eliminated
and food and food products sold for human consumption off the
premises where sold shall be exempt from taxation under this
article.
Senator Chafin arose to a point of order that the amendment
offered by Senators
Sprouse, Harrison, Guills, McKenzie, Minear,
Smith, Rowe and Weeks
was not germane to the bill (S. B. No. 403).
Which point of order, the President ruled not well taken.
The question being on the adoption of the amendment offered by
Senators
Sprouse, Harrison, Guills, McKenzie, Minear, Smith, Rowe
and Weeks
to the bill.
Senator Chafin moved that the bill be rereferred to the
Committee on Finance with the amendment offered by Senators
Sprouse, Harrison, Guills, McKenzie, Minear, Smith, Rowe and Weeks
pending.
Following discussion and a point of inquiry to the President,
with resultant response thereto,
The question being on the adoption of Senator Chafin's
aforestated motion, and on this question, Senator Sprouse demanded
the yeas and nays.
Following discussion,
Senator Plymale moved the previous question, which motion
prevailed.
The previous question having been order, that being on Senator
Chafin's motion that Senate Bill No. 403 be rereferred to the
Committee on Finance with the amendment offered by Senators
Sprouse, Harrison, Guills, McKenzie, Minear, Smith, Rowe and Weeks
pending.
The roll being taken, the yeas were: Boley, Bowman, Chafin,
Deem, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross, Sharpe,
Snyder, Unger, White and Tomblin (Mr. President)--23.
The nays were: Facemyer, Guills, Harrison, McKenzie, Minear,
Rowe, Smith, Sprouse and Weeks--9.
Absent: Bailey and Caldwell--2.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Chafin's aforestated
motion had prevailed.
Whereupon, Senate Bill No. 403 was rereferred to the Committee
on Finance with the amendment offered by Senators
Sprouse,
Harrison, Guills, McKenzie, Minear, Smith, Rowe and Weeks
pending.
Com. Sub. for Com. Sub. for Senate Bill No. 408, Relating to
growth county school facilities act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 418, Allowing certain sheriff employees to
carry deadly weapons.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 454, Relating to
land-use planning.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Ross, the following amendment to the bill
was reported by the Clerk and adopted:
On page thirteen, section two, lines one hundred nine and one
hundred ten, by striking out the words "or rights-of-way" and
inserting in lieu thereof a comma and the words "rights-of-way or
construction of private roads".
The bill (Com. Sub. for Com. Sub. for S. B. No. 454), as
amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 456, Requiring state agencies
administering funds or grants notify grantee in certain cases.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 482, Reclassifying juvenile detention and
corrections facility employees.
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. 502, Relating to rights of
members of teachers defined contribution retirement system.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Helmick, the following amendment to the
bill was reported by the Clerk and adopted:
On page fifteen, section sixteen, lines thirteen and fourteen,
after the word "service" by striking out the comma and the words
"under all circumstances,".
The bill (Com. Sub. for S. B. No. 502), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 508, Relating to commission on
arts.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 510, Relating to commission on uniform state
laws.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendment to the
bill was reported by the Clerk and adopted:
On page two, section one, line five, by striking out the word
"two" and inserting in lieu thereof the word "three".
The bill (S. B. No. 510), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 518, Relating to policemen and
firemen required to work during holidays; compensation.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 536, Relating to claims against state.
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 eight, section one, line ninety-six, by striking out
the word "Property" and inserting in lieu thereof the word
"Agencies";
On page eleven, section one, lines one hundred seventy-five
and one hundred seventy-six, by striking out all of paragraph (12);
And renumbering the remaining paragraphs;
On page twelve, section one, line one hundred eighty-eight, by
striking out all of paragraph (23);
And,
By renumbering the remaining paragraphs.
The bill (S. B. No. 536), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 551, Allowing
alcohol beverage control commissioner to revoke or suspend wine
licenses; other provisions.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Deem, the following amendment to the bill
was reported by the Clerk:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §60-8-3 and §60-8-6 of the code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 8. SALE OF WINES.
§60-8-3. Licenses; fees; general restrictions.
(a) Except as to farm wineries as defined by section five-a,
article one of this chapter, no person may engage in business in
the capacity of a distributor, retailer or private wine restaurant
without first obtaining a license from the commissioner, nor shall
a person continue to engage in any such that activity after his or
her license has expired, been suspended or revoked. No person may
be licensed simultaneously as a distributor and a retailer, as a
distributor and a private wine restaurant, or as a retailer and a
private wine restaurant.
(b) The commissioner shall collect an annual fee for licenses
issued under this article, as follows:
(1) Twenty-five hundred dollars per year for a distributor's
license and each. Each separate warehouse or other facility from
which a distributor sells, transfers or delivers wine shall be
separately licensed and there shall be collected with respect to
each such location the annual license fee of twenty-five hundred dollars as herein provided in this subdivision;
(2) One hundred fifty dollars per year for a retailer's
license;
(3) Fifty dollars per year for a wine-tasting license;
(4) Fifty dollars for each sales representative of or employed
by a licensed distributor;
(5) Two hundred fifty dollars per year for a private wine
restaurant license, and each. Each separate restaurant from which
a licensee sells wine shall be separately licensed and there shall
be collected with respect to each such location the annual license
fee of two hundred fifty dollars as herein provided in this
subdivision;
(6) Twenty-five dollars per year for a West Virginia wine
retailer's license, and each. Each separate retail outlet from
which a West Virginia wine retailer sells West Virginia wine shall
be separately licensed and there shall be collected with respect to
each such location the annual license fee of twenty-five dollars as
herein provided in this subdivision. The holder of such a license
may sell no wines except those produced by West Virginia farm
wineries as defined by section five-a, article one of this chapter.
Except for the amount of the license fee and the restriction to
sales of West Virginia wines, a West Virginia wine retailer is
subject to all other provisions of this article which are
applicable to a retailer as defined in section two of this article;
and
_____(7) Twenty-five dollars per year for a wine shipper's license.
(c) The license period shall begin begins on the first day of
July of each year and end ends on the thirtieth day of June of the
following year, and if granted for a less period, the same license
period shall be computed semiannually in proportion to the
remainder of the fiscal year.
(d) No retailer may be licensed as a private club as provided
by article seven of this chapter.
(e) No retailer may be licensed as a Class A retail dealer in
nonintoxicating beer as provided by article sixteen, chapter eleven
of this code: Provided, That a delicatessen, caterer or party
supply store which is a grocery store as defined in section two of
this article and which is licensed as a Class A retail dealer in
nonintoxicating beer may be a retailer under this article:
Provided, however, That any delicatessen, caterer or party supply
store licensed in both such capacities must maintain average
monthly sales exclusive of sales of wine and nonintoxicating beer
which exceed the average monthly sales of nonintoxicating beer.
(f) A retailer under this article may also hold a wine-tasting
license authorizing such retailer to serve complimentary samples of
wine in moderate quantities for tasting. Such The retailer shall
organize a winetaster's club, which has at least fifty duly elected
or approved dues-paying members in good standing. Such The club
shall meet on the retailer's premises not more than one time per
week and shall either meet at a time when the premises are closed
to the general public or shall meet in a separate segregated
facility on the premises to which the general public is not admitted. Attendance at tastings shall be limited to duly elected
or approved dues-paying members and their guests.
(g) A retailer who has more than one place of retail business
shall obtain a license for each separate retail establishment. A
retailer's license may be issued only to the proprietor or owner of
a bona fide grocery store or wine specialty shop.
(h) The commissioner may issue a special license for the
retail sale of wine at any festival or fair which is endorsed or
sponsored by the governing body of a municipality or a county
commission. Such The special license shall be issued for a term of
no longer than ten consecutive days and the fee therefor shall be
for the license is two hundred fifty dollars regardless of the term
of the license unless the applicant is the manufacturer of said the
wine on a farm winery as defined in section five-a, article one of
this chapter, in which event the fee shall be is twenty-five
dollars. The application for such the license shall contain such
may information as required by the commissioner may reasonably
require and shall be submitted to the commissioner at least thirty
days prior to the first day when wine is to be sold at such the
festival or fair. A farm winery licensed under this subsection may
exhibit, conduct tastings, not to exceed a reasonable serving, and
may sell wine only for consumption off the premises of such the
festival or fair. A special license issued other than to a farm
winery may be issued to a "wine club" as defined hereinbelow in
this subsection. The festival or fair committee or the governing
body shall designate a person to organize a club under a name which includes the name of the festival or fair and the words "wine
club". The license shall be issued in the name of the wine club.
A licensee may not commence the sale of wine as provided for in
this subsection until the wine club has at least fifty dues-paying
members who have been enrolled and to whom membership cards have
been issued. Thereafter, new members may be enrolled and issued
membership cards at any time during the period for which the
license is issued. A wine club licensed under the provisions of
this subsection may sell wine only to its members and in portions
not to exceed eight ounces per serving. Such The sales shall take
place on premises or in an area cordoned or segregated so as to be
closed to the general public, and the general public shall not be
admitted to such the premises or area. A wine club licensee under
the provisions of this subsection shall be authorized to may serve
complimentary samples of wine in moderate quantities for tasting.
A license issued under the provisions of this subsection and
the licensee holding such the license shall be is subject to all
other provisions of this article and the rules, regulations and
orders of the commissioner relating to such the special license:
Provided, That the commissioner may by rule, regulation, or order
provide for certain waivers or exceptions with respect to such the
provisions, rules, regulations, or orders as required by the
circumstances of each such festival or fair may require, including,
without limitation, the right to revoke or suspend any license
issued pursuant to this section prior to any notice or hearing
notwithstanding the provisions of section twelve of this article: Provided, however, That under no circumstances shall the provisions
of subsection (c) or (d), section twenty of this article be waived
nor shall any exception be granted with respect thereto.
A license issued under the provisions of this subsection and
the licensee holding such the license shall is not be subject to
the provisions of subsection (g) of this section.
(i) A license to sell wine granted to a private wine
restaurant under the provisions of this article entitles the
operator to sell and serve wine, for consumption on the premises of
the licensee, when such the sale accompanies the serving of food or
a meal to its members and their guests in accordance with the
provisions of this article. Such The licensees are authorized to
may keep and maintain on their premises a supply of wine in such
appropriate quantities as may be appropriate for the conduct of
operations thereof of the premises. Any sale of wine so made shall
be is subject to all restrictions set forth in section twenty of
this article. A private wine restaurant may also be licensed as a
Class A retail dealer in nonintoxicating beer as provided by
article sixteen, chapter eleven of this code.
(j) With respect to subsections (h) and (i) of this section,
the commissioner shall promulgate propose legislative rules in
accordance with the provisions of article three, chapter
twenty-nine-a of this code with regard to the form of the
applications, the suitability of both the applicant and location of
the licensed premises and such any other legislative rules deemed
considered necessary to carry the provisions of such the subsections into effect.
(k) The commissioner shall promulgate propose legislative
rules in accordance with the provisions of article three, chapter
twenty-nine-a of this code to allow restaurants to serve West
Virginia wine with meals, but not to sell the wine by the bottle.
Each licensed restaurant so licensed shall be charged a fee less
than that charged for a wine license to a retail outlet, such. The
fees to shall be set forth in the aforementioned rules promulgated
pursuant to this subsection.
(l) The commissioner shall establish guidelines to permit West
Virginia wines to be sold in state stores.
(m) Farm wineries as defined in section one-a of this article
may advertise off premises as provided in section seven, article
twenty-two, chapter seventeen of this code and in any other media,
including, but not limited to, newspaper, radio, television,
magazines and direct mail solicitation.
§60-8-6. License or registration required for sale or shipment of
wine; shipment of limited quantities of wine to adult
residents permitted.
(a) Except as to the commissioner and except as provided in
subsection (b) of this section, no person may offer for sale or
sell wine in this state, or offer wine for shipment into this
state, except to a distributor who is duly licensed under this
article. Every person, whether resident or nonresident in this
state, who is engaged in or desires to engage in the sale or
shipment of wine to a distributor for resale under this article shall, prior to engaging in such those activities, register with
the commissioner. If any such person violates the provisions of
this article, he or she shall not be permitted to sell, ship or
deliver any wine to a distributor or to the commissioner or
otherwise engage in the wine business in this state for a period of
one year from the date a notice is mailed to such that person by
the commissioner of the fact that such that person has violated the
provisions of this article. During such the one-year period, it
shall be is unlawful for any distributor within this state to buy
or receive wine from such that person or to have any dealings with
such that person with respect thereto to the sale of wine.
Hearings and appeals on such the notices may be had in the same
manner as in the case of revocations of licenses under this
article.
(b) Notwithstanding the provisions of this chapter or any
other law to the contrary, an adult resident or a duly licensed
retailer or distributor of alcoholic beverages in a state or nation
which affords adults and duly licensed retailers and distributors
of this state an equal reciprocal shipping privilege any person
currently licensed in its state of domicile as a winery or retailer
of wine may apply to the commissioner for a wine shipper's license.
A licensed wine shipper may ship wine, for personal use and not for
resale, not more than two cases of wine per month, not to exceed
eighteen liters of wine in any month to any adult resident in this
state. Delivery of a shipment pursuant to this section shall not
be deemed to constitute constitutes a sale in this state. All shipments of wine into this state from licensed wine shippers shall
be made by a licensed carrier. Direct shippers or carriers shall
not ship into areas of the state where wine may not be lawfully
sold. The licensed wine shipper shall collect the taxes due this
state and remit all excise, sales and municipal taxes monthly to
the department of tax and revenue on forms prescribed by the
commissioner. The shipping container of any wine sent into or out
of this state under this subsection shall be clearly labeled to
indicate that the package cannot be delivered to any person under
the age of twenty-one or to an intoxicated person and the carriers
are required to obtain an adult signature upon delivery. No adult
resident or duly licensed retailer or distributor may advertise the
availability of wines by shipment to residents of this state.
The question being on the adoption of Senator Deem's amendment
to the bill.
On motion of Senator Fanning, the bill (Com. Sub. for Com.
Sub. for S. B. No. 551) was advanced to third reading with Senator
Deem's amendment pending and the right reserved to consider other
amendments on that reading.
Com. Sub. for Senate Bill No. 554, Continuing guardianship or
conservatorship of deceased protected persons.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 563, Relating to public employees retirement
act.
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. 564, Relating to physicians'
mutual insurance company.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 569, Clarifying and preserving irrevocability
of certain trusts.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 616, Relating to
environmental protection advisory council.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 624, Requiring
criminal and driving record checks for public employment and
certain other individuals.
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. 629, Creating Small Estate
Probate Relief Act of 2004.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 631, Relating to state fertilizer law.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 633, Relating to electronic mail addresses protected in higher education institutions; penalty.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 636, Relating to employment of members of
teachers defined benefit retirement system.
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. 637, Relating to termination of
tenancy of factory-built home site; other provisions.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendment to the
bill was reported by the Clerk and adopted:
On page twenty-two, section six, line fifty, after the word
"neighbors" by changing the period to a colon and inserting the
following proviso: Provided, That the court may order the home to
be removed in not less than thirty days if the factory-built home
is a single unit and the tenant had held over after having been
given notice pursuant to section three of this article.
The bill (Com. Sub. for S. B. No. 637), as amended, was then
ordered to engrossment and third reading.
Senate Bill No. 645, Appointing interim judges to court of
claims.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 651, Precluding use of privately retained prosecutors or assistant prosecutors.
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. 653, Providing that certain
judges not required to contribute to retirement system.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 671, Clarifying appeal bond procedures
relating to master tobacco settlement.
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. 672, Relating to municipalities'
right to collect public utility fees.
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. 675, Relating to outdoor
advertising revenues.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 678, Providing reduced tax rate applies to
certain underground mines.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 697, Delegating motor carrier inspector duties
to weight enforcement officers.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 701, Authorizing
certain taxes imposed by municipalities.
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. 704, Relating to public defender
services.
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. 705, Removing personal use
exception for criminal offense of manufacturing controlled
substance.
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. 709, Providing additional
internal controls and procedures for purchasing card program; 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. 721, Relating to centers for economic
development and technology advancement.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 724, Transferring authority to propose rules
relating to water quality standards to environment protection.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 726, Continuing steel advisory commission and
steel futures program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 727, Relating to reforming, altering and
modifying Hampshire county commission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 728, Adding definition of fill material to
water pollution control act.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators Hunter, Rowe, White and Kessler, the
following amendment to the bill was reported by the Clerk and
adopted:
On page four, section three, line fifty, after the word
"garbage" by inserting the words "or solid waste as defined in
section two, article fifteen of this chapter".
The bill (S. B. No. 728), as amended, was then ordered to
engrossment and third reading.
Eng. House Bill No. 4107, Allowing licensees of charitable
bingo and raffle games to transfer game proceeds between their
bingo and raffle operations.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 654, Relating to appointment of
members to county airport authorities.
On first reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Bowman, the bill was rereferred to the
Committee on Government Organization.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 135, Creating sales tax holiday for
back-to-school purchases.
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. 135) 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. 197, Relating generally to distribution of net
terminal income of racetrack video lottery terminals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 197 (originating in the
Committee on Finance)--A Bill to amend the code of West Virginia,
1931, as amended, by adding thereto a new section, designated §5B-
2-3b; to amend said code by adding thereto a new section,
designated §18B-1B-10; and to amend and reenact §29-22A-10 of said
code, all relating generally to distribution of net terminal income
of racetrack video lottery terminals; creating research challenge
fund; reducing distributions to the tourism promotion fund;
providing for portions of the remaining tourism promotion fund to
be deposited in the development office promotion fund and in the
higher education policy commission's research challenge fund;
providing for uses and expenditures of the funds; and deleting
obsolete language.
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. 197) 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 Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bowman, Chafin, Deem,
Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Ross, Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr.
President)--25.
The nays were: Boley, Guills, Harrison, Minear, Smith,
Sprouse and Weeks--7.
Absent: Bailey and Caldwell--2.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
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. 204 (originating in the
Committee on Economic Development), Relating to strategic research
and development tax credit.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 204 (originating
in the Committee on Finance)--A Bill to amend and reenact §11-13R-6, §11-13R-11 and §11-13R-12 of the code of West Virginia, 1931, as
amended, all relating to the strategic research and development tax
credit; providing that credit may be refundable for small qualified
research and development companies; specifying limitations on
credit; and providing an effective date.
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. 204)
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 Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Boley, Bowman, Chafin,
Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross,
Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--25.
The nays were: Guills, Harrison, McKenzie, Minear, Smith,
Sprouse and Weeks--7.
Absent: Bailey and Caldwell--2.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
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. 688, Relating to amount of wages election
official can receive in calendar year.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (S. B. No. 688) 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 Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Boley, Bowman, Chafin,
Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Ross,
Rowe, Sharpe, Snyder, Unger, White and Tomblin (Mr. President)--25.
The nays were: Guills, Harrison, McKenzie, Minear, Smith,
Sprouse and Weeks--7.
Absent: Bailey and Caldwell--2.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion to suspend the constitutional rule rejected.
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. 723, Regulating possession and sale of
domestic and exotic animals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 723 (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
§19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6,
§19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12,
§19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18,
§19-9B-19, §19-9B-20, §19-9B-21, §19-9B-22 and §19-9B-23, all
relating to regulating the possession and sale of domestic and
exotic animals; creating animal health safety control board and
technical advisory committee; creating special revenue fund;
duties; rulemaking; jurisdiction of member agencies; bonding
requirements; requiring pet shop registration; requiring
recordkeeping; requiring possession permit to keep certain animals;
permitting requirements; exemptions; establishing care and
treatment requirements; requiring insurance; authorizing
inspections; denial, suspension or revocation of permits; seizing
and quarantining animals; and establishing civil and criminal
penalties and fees.
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. 723) 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. 731, Relating to promulgation of rules by
department of administration for compliance standards for state
leased property.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 1, 2004;
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 (S. B. No. 731) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate consideration and read a second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page two, section eleven, lines eight and nine, by striking
out the words "the new standards which compliance standards shall
be in force throughout the term of the lease" and inserting in lieu
thereof the words "any new compliance standards".
The bill (S. B. No. 731), as amended, was then ordered to
engrossment and third 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. 732 (originating in the Committee on
Education)--A Bill to amend the code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §11-3-9a,
relating generally to payment in lieu of property tax agreements;
prescribing uniform minimum reporting and content requirements for
payment in lieu of tax agreements; requiring that agreements be
filed in county clerk's office and with chief inspector and
secretary of tax and revenue and updated annually; requiring that
local levying bodies approve payment in lieu of tax agreements;
permitting chief inspector to specify content of agreement and
summaries by procedural rules; specifying method for allocation and
distribution of payments in lieu of property taxes, whether payment
is received in money or other property; specifying how in lieu of
property tax payments received by a board of education are treated for purpose of state school aid formula; defining certain terms;
specifying when and how these rules apply and exempting certain
agreements from their application; and providing effective dates.
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.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 732) contained in the preceding report
from the Committee on Education was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Plymale, the bill was referred to the
Committee on Finance.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules and a minority party
caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, March 3, 2004, at 11 a.m.
____________