WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
FIFTY-FIRST DAY
____________
Charleston, W. Va., Thursday, March 4, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Franklin D. Thomas, Living Faith
Church, Marmet, West Virginia.
Pending the reading of the Journal of Wednesday, March 3,
2004,
On motion of Senator Chafin, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Tomblin (Mr. President), cochairman ex officio of the
Joint Committee on Government and Finance on the part of the
Senate, submitted the following report due the Legislature on
various interim studies, which was received:
WEST VIRGINIA LEGISLATURE
JOINT COMMITTEE ON GOVERNMENT AND FINANCE
CHARLESTON
March 1, 2004
West Virginia Legislature
Charleston, West Virginia
Ladies and Gentlemen:
The Joint Committee on Government and Finance submits this
report on studies and other matters it authorized to be made
between the 2003 and 2004 regular sessions of the Legislature.
A. The Joint Committee on Government and Finance authorized
the following subcommittees:
1. Agriculture and Agri-business Committee.
2. Insurance Availability and Medical Malpractice Insurance
Committee.
3. Juvenile Foster Care, Detention and Placement Task Force.
4. Parks and Recreation Subcommittee.
5. Postaudits Subcommittee.
6. Joint Committee on Technology.
7. Select Committee A - Water Issues.
8. Select Committee B - Minority Issues.
9. Select Committee C - Turnpike/Wireless Phone and 911
Services.
10. Select Committee D - Surface Mining.
11. Select Committee on State Aid to Schools.
B. The Joint Committee on Government and Finance received
reports from the following:
1. Agriculture and Agri-business Committee.
2. Commission on Interstate Cooperation.
3. Joint Commission on Economic Development.
4. Legislative Oversight Commission on Health and Human
Resources Accountability.
5. Insurance Availability and Medical Malpractice Insurance
Committee.
6. Parks and Recreation Subcommittee.
7. Legislative Oversight Commission on Workforce Investment
for Economic Development.
8. Joint Committee on Technology.
9. Select Committee B - Minority Issues.
10. Select Committee C - Turnpike/Wireless Phone and 911
Services.
11. Select Committee D - Surface Mining.
12. Joint Standing Committee on Finance.
C. The Joint Committee on Government and Finance received
statutorily required reports from the following:
1. West Virginia Forest Management Review Commission.
2. Equal Pay Commission.
D. The Joint Committee on Government and Finance assigned
studies to its subcommittees and to statutory
committees/commissions as follows:
1. Agriculture and Agri-business Committee:
Costs and Benefits Associated with Deer Population;
Aquaculture;
Deer Farming.
2. Joint Commission on Economic Development:
Tax Modification;
Workers' Compensation;
Tamarack Missions and Objectives;
Double-Stacking Rail Containers through Southern West
Virginia;
Public-Private Highway Construction Projects;
Hatfield-McCoy Trail Connection into Chief Logan Park;
Job Development Initiatives for PROMISE Scholarship
Recipients;
Prospects of Merging Charleston and Huntington Metropolitan
Statistical Areas by 2010;
Movement Toward a Digital Economy;
Watershed Development Plan for Southern West Virginia;
WV TVA for Southern West Virginia.
3. Legislative Oversight Commission on Health and Human
Resources Accountability:
Need for Creating Forensic Science Task Force;
Establishing Residential Community for Senior Citizens;
Medicaid Waiver Program;
Shortage of Qualified Nursing Personnel to be Involved in Various Studies;
Condition of the Mental Health Plan in Regard to Organization
and Availability of Services;
Study Whether Working Cooperatively with Providers of HUD
Housing Would Decrease the Unnecessary
Institutionalization of Elderly Individuals;
Cost and Effectiveness of the Medicaid Program Preferred Drug
List.
4. Insurance Availability and Medical Malpractice Insurance
Committee:
Benefits of Captive Insurance Companies and the Most Effective
Means of Regulating These Entities;
Availability and Affordability of Automobile Insurance in West
Virginia;
Availability and Affordability of Commercial, Property and
Casualty Insurance.
5. Juvenile Foster Care, Detention and Placement Task Force:
Juvenile Foster Care System.
6. Parks, Recreation and Natural Resources Subcommittee:
Single Hunting, Fishing and Trapping License.
7. Select Committee A - Water Issues:
Protection of Water Supply.
8. Select Committee B - Minority Issues:
High Unemployment Rate and Other Socioeconomic Problems Confronting African-Americans in this State.
9. Select Committee C - Turnpike/Wireless Phone and 911
Services:
Traffic Control on Turnpike and Certain Highways;
Wireless Phone and 911 Services.
10. Select Committee D - Surface Mining:
Rules and Policies of Office of Surface Mining Reclamation and
Enforcement.
11. Joint Committee on Technology:
Use, Benefits and Management of Technology as it Impacts the
Legislature;
Examining How the Legislature Might Operate More Efficiently
and Effectively Through the Use of Computers and
Communication Technology.
E. The Joint Committee on Government and Finance referred
adopted study resolutions and other areas of study as listed below
to the following standing committees it authorized to meet between
the 2003 and 2004 regular sessions of the Legislature:
1. Joint Standing Committee on Education:
Economically Feasible Methods to Provide Access to Library
Services for Citizens Living in Remote Areas;
Grievance Procedures for Public School Employees;
School Transportation;
Changing Role of School Counseling and Potential Impact of Counselors on Students in the Public Schools of the
State.
2. Joint Standing Committee on Finance:
Subcommittee A - Reorganizing Executive Branch of Government;
Newborn Health Screening;
Subcommittee B - Impact of Tax Base of Local Governments When
Private Lands Are Converted to Parks or Forests;
Legislative Budgetary Controls;
Subcommittee C - Governmental Purchasing System.
3. Joint Standing Committee on Government Organization:
Subcommittee A - County and Municipal Land-use Planning;
Powers, Duties and Functions of the Governor's Cabinet on
Children and Families;
Subcommittee B - Wheelchair Accessible Ramps and Covered
Walkways to Wings of State Capitol; Planning Safe
Evacuation of People with Disabilities from State Capitol
Complex; State's Vital Statistics System;
Subcommittee C - Feasibility of Developing and Maintaining a
Central Abuse Registry; Feasibility of Establishing a
Statewide Trail Coordinator to Promote Tourism and
Economic Development; Chapter 30 Licensing Board Issues.
4. Joint Standing Committee on the Judiciary:
Subcommittee A - Teenage In-vehicle Alcohol and Drug Use;
Hospital Overtime Policies; All-terrain Vehicles; Regulation of Licensed Health Care Professions;
Annexation Laws;
Subcommittee B - Improving Department of Transportation
Employee Handbook; Administration of Estates; Payday
Advances and Lending; Clean Elections; Sustainable
Business Program;
Subcommittee C - Bail Bondsmen; State Response to Acts of
Terrorism; Expungement of First Offender Records;
Identity Conversions; Polygraph Testing for Sex
Offenders.
5. Joint Standing Committee on Pensions and Retirement:
Converting Teachers Retirement System to Defined Benefit
Retirement System;
Retirement Programs for Certain Employees;
Feasibility of Providing Retirement Programs for Various State
Agencies.
F. The Joint Committee on Government and Finance authorized
combined internship programs as follows:
Legislative Intern Committee - Frasure-Singleton Intern
Program; Graduate Student Intern Program (Walter Rollins
Scholars Intern Program and Robert W. Burk, Jr., Student
Intern Program); Herndon Legislative Fellows Program.
G. The Joint Committee on Government and Finance also
received monthly and quarterly status reports on the following:
Board of Risk and Insurance Management;
Children's Health Insurance Program;
Lottery;
Medicaid;
Public Employees Insurance Agency;
State's General Revenue Fund;
Unemployment Compensation Trust Fund;
Welfare Reform;
Workers' Compensation Trust Fund.
Postaudit reports released by the Postaudits Subcommittee are
on file in the Postaudit Division of the Legislative Auditor's
Office. Other reports are on file in the Legislative Manager's
Office.
Respectfully submitted,
Earl Ray Tomblin,
President, Senate,
Robert S. Kiss,
Speaker, House of Delegates,
Cochairs.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 52, Allowing motorcycle
registration plates to be fastened in vertical position.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 268, Continuing division of motor
vehicles.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 269, Continuing division of purchasing
within department of administration.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 324, Continuing division of personnel.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 500, Relating to fees for
agents selling hunting and fishing licenses.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the provisions of Engrossed
Committee Substitute for House Bill No. 4477.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 500, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and White--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 500) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
Eng. House Joint Resolution No. 114--Proposing an amendment to
the Constitution of the State of West Virginia, authorizing
appropriations and the issuance and sale of additional state bonds
in an amount not exceeding eight million dollars for the purpose of paying bonuses to certain veterans or to relatives of certain
veterans; numbering and designating such proposed amendment; and
providing a summarized statement of the purpose of such proposed
amendment.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2692--A Bill to amend and reenact §11-6C-1
of the code of West Virginia, 1931, as amended, relating to
appraising of dealer inventory and including motorboat inventory
sold by motorboat retailers within the scope of the section.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2706--A Bill to amend and
reenact §18-29-5 of the code of West Virginia, 1931, as amended,
relating to compensation paid to members of the education and state
employee grievance board.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2912--A Bill to amend and reenact §18-7B-7
of the code of West Virginia, 1931, as amended, relating to
providing the option for former state employees who were members of
the West Virginia public employees retirement system prior to the
first day of July, one thousand nine hundred ninety-one, who became
employed with a school district after the first day of July, one
thousand nine hundred ninety-one, and who were precluded from
becoming members of the state teachers retirement system in favor
of the defined contribution retirement system, to exercise the
option to transfer to the state teachers retirement system.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2991--A Bill to amend and reenact §44-2-1
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, relating to the fee charged by fiduciary commissioners
in settling an estate.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3004--A Bill to amend and
reenact §19-20-12 of the code of West Virginia, 1931, as amended,
relating to prohibiting a person not the owner of a dog from
removing tags, collars or apparel from a dog without the permission
of the owner.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3106--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-
5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11,
§19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact
§19-29-2 of said code; to amend and reenact §20-1-2 of said code;
and to amend and reenact §20-2-11 and §20-2-12 of said code, all
relating to regulating captive cervid farming as an agricultural
enterprise in this state; powers and duties of the department of
agriculture; promulgation of rules; duties and obligation of the
commissioner; application process; issuance, renewal, modification,
and transfer of a license certificate; inspection of facilities;
transition of current facilities; noncompliance with article and providing for certain criminal penalties and remedies.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3118--A Bill to amend and
reenact §16-13A-4 of the code of West Virginia, 1931, as amended,
relating to payments to public service district board members;
increasing the salary of public service district board members;
clarifying when salary and expense payments may be made; and adding
sewer service to the salary schedule for public service districts
which contract with others to provide service.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2004, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3189--A Bill to amend and
reenact §5E-1-8 of the code of West Virginia, 1931, as amended,
relating to reducing the total tax credits available under the
capital company act during the fiscal year beginning on the first
day of July, two thousand four.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4003--A Bill to amend and reenact §15-2A-
2, §15-2A-6, §15-2a-9 and §15-2A-10 of the code of West Virginia,
1931, as amended, all relating to the West Virginia state police
retirement system; providing definitions for month of service and
years of service; lowering the normal retirement age; specifying
starting date of annuity; and eliminating any reduction in the
benefit of a state police officer who is disabled on the job.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4006--A Bill to amend and
reenact §5A-3-4 of the code of West Virginia, 1931, as amended,
relating to increasing vendor registration fees within the division
of purchasing for the maintenance and auditing of contracts entered
into by the state and including lessors of real property as vendors
for the purpose of this article.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4008--A Bill to amend and reenact §5-10D-
1, §5-10D-2 and §5-10D-3 of the code of West Virginia, 1931, as
amended; to amend and reenact §5-16-3 and §5-16-4 of said code; to
amend said code by adding thereto a new section, designated §5-16-
4a; to amend and reenact §5A-1-2 of said code; to amend said code
by adding thereto a new article, designated §5A-10-1, §5A-10-2 and
§5A-10-3; and to amend and reenact §29-6-5 and §29-6-6 of said
code, all relating to creating a new employee and insurance
services division within the department of administration and
revising the law governing its component agencies and boards;
providing that the division incorporate the consolidated public
retirement board, the public employees insurance agency, the board
of risk and insurance management, the children's health insurance
agency, the education and state employees grievance board and the
personnel division; creating the office of commissioner of the
division; providing for the powers and duties of the commissioner;
authorizing the commissioner to consolidate or reorganize certain
internal functions and operations, transfer funds within the
agencies and assess agencies with costs; providing that the
commissioner chair certain boards and appoint directors of
component state agencies within the division; providing for sunset
review of division and office of commissioner; removing requirement
of nonparticipation in state retirement program for attorney hired
to work with the consolidated public retirement board; authorizing compensation and expenses for board members; establishing
employment requirements for director of public employees insurance
agency; and adding members to public employees insurance agency
finance board.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4009--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 creation of a
position within the department of administration for the
implementation and monitoring of a statewide program to assure
compliance with 42 U.S.C. §12101, et seq., the federal Americans
with Disabilities Act.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4018--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18-9A-5c, relating to public school support; making legislative findings and purpose; providing a foundation
allowance safety net for low student enrollment counties; and
authorizing the waiver of certain student to personnel ratios.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4019--A Bill to amend and
reenact §17A-2A-4, §17A-2A-7 and §17A-2A-11 of the code of West
Virginia, 1931, as amended, all relating to prohibiting the
division of motor vehicles' sale of personal information for bulk
distribution of surveys, marketing and solicitations.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4033--A Bill to amend and
reenact §17-16A-11 of the code of West Virginia, 1931, as amended,
relating to authorizing the issuance of new parkway revenue bonds;
establishing a two hundred million dollar ceiling on the aggregate
outstanding principal amount of such parkway revenue bonds issued
under such section from time to time outstanding; setting forth
method of calculation of outstanding bond indebtedness; limitations; authorized expenditures of bond proceeds; specifying
condition precedent to issuance of additional bonds; and limiting
effect of amendments to section.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4036--A Bill to amend and reenact §4-11A-
1, §4-11A-2 and §4-11A-3 of the code of West Virginia, 1931, as
amended; and to amend said code by adding thereto sixteen new
sections, designated §4-11A-6, §4-11A-7, §4-11A-8, §4-11A-9, §4-
11A-10, §4-11A-11, §4-11A-12, §4-11A-13, §4-11A-14, §4-11A-15, §4-
11A-16, §4-1A-17, §4-11A-18, §4-11A-19, §4-11A-20, §4-11A-21 and
§4-11A-22, all relating to legislative appropriation of tobacco
settlement funds; setting forth legislative findings and purposes;
receipt of settlement funds and required deposit in West Virginia
tobacco settlement medical trust fund; receipt of settlement funds
and required deposit in the West Virginia tobacco settlement fund;
creation of tobacco settlement finance authority and providing for
general powers; establishing governing board of authority; defining
staff of the authority; limitation of liability; providing certain
definitions; authorizing sale of rights in a master settlement
agreement; authorization of bonds of the authority; providing for
the use of proceeds of bonds of the authority; creating a workers' compensation commission settlement account; providing an exemption
from state purchasing provisions; providing for the delivery of an
annual report by the authority to the governor; providing
bankruptcy provisions; establishing the dissolution of the
authority; severability of sections; and construction of article.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4047--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §11-13U-1, §11-13U-2, §11-13U-3, §11-13U-4,
§11-13U-5, §11-13U-6, §11-13U-7, §11-13U-8, §11-13U-9 and §11-13U-
10, all relating to the high-growth business investment tax credit.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4056--A Bill to amend and reenact §59-1-14
of the code of West Virginia, 1931, as amended, relating to
increasing service of process fees charged by the sheriff; and
providing that two dollars of the fees charged and collected by the
sheriff for service of process be placed in the deputy sheriff
retirement fund and that three dollars of the increased fees be placed in the general revenue account of the county commission.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4077--A Bill to amend and
reenact §21A-6-3 of the code of West Virginia, 1931, as amended,
relating to unemployment compensation generally; and eliminating
reductions in unemployment compensation for persons receiving
benefits under Title II of the Social Security Act.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4113--A Bill to amend and
reenact §30-1-12 of the code of West Virginia, 1931, as amended,
relating to requiring state boards of examination and registration
provided in chapter thirty of the code to have websites accessible
to the public; specifying minimum content; providing that the state
treasurer may assist the boards in developing the websites; and
requiring the governor to ensure that links to each of the boards
websites are accessible through the state's internet website.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4123--A Bill to amend and
reenact §50-1-3, §50-1-8 and §50-1-9 of the code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new
section, designated §50-1-9b, all relating to magistrate courts;
modifying the criteria upon which magistrate, magistrate court
clerk, and magistrate assistant salaries are based; authorizing the
supreme court of appeals to create a panel of senior magistrate
court clerks; granting authority to senior magistrate court clerks
to fill certain vacancies; authorizing the supreme court of appeals
to promulgate rules for senior magistrate court clerks; providing
for reasonable compensation to senior clerks; providing for
reimbursement of certain expenses incurred by senior clerks.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2004, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4130--A Bill to amend and
reenact §18A-5-4 of the code of West Virginia, 1931, as amended,
relating to condition precedent to required attendance by teachers at meetings or professional development functions held by or at
direction of state department of education.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4167--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 and §19-9B-9, all relating to the
regulating the possession and sale of domestic and exotic animals;
creating the exotic and domestic animal public safety board and the
exotic and domestic animal study commission; establishing duties;
providing rule-making authority; requiring all sellers of animals
to register; authorizing inspections; providing for testing,
seizing and quarantining animals; and establishing criminal
penalties.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4200--A Bill to amend and
reenact article 6, chapter 64 of the code of West Virginia, 1931,
as amended; all relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules
by various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
state register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the legislative rule-making review committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
legislative rule-making review committee and as amended by the
legislature; authorizing the fire marshal to promulgate a
legislative rule relating to the certification of electrical
inspectors; authorizing the fire marshal to promulgate a
legislative rule relating to fees for licenses, permits,
inspections, plans review and other services rendered; and
authorizing the state police to promulgate a legislative rule relating to the career progression system.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4205--A Bill to amend and
reenact article 5, chapter 64 of the code of West Virginia, 1931,
as amended; all relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules
by various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
state register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the legislative rule-making review committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
legislative rule-making review committee and as amended by the
legislature; authorizing the department of health and human
resources to promulgate a legislative rule relating to eligibility standards for economic assistance from the James "Tiger" Morton
catastrophic illness fund; authorizing the division of health to
promulgate a legislative rule relating to assisted living
residences; authorizing the division of health to promulgate a
legislative rule relating to cross connection and backflow
prevention; authorizing the division of health to promulgate a
legislative rule relating to the certification of backflow
prevention assembly testers; authorizing the division of health to
promulgate a legislative rule relating to the state-wide
trauma/emergency care system; authorizing the division of health to
promulgate a legislative rule relating to public water systems;
authorizing the division of health to promulgate a legislative rule
relating to childhood lead screening; authorizing the division of
health to promulgate a legislative rule relating to fees for
services; authorizing the division of health to promulgate a
legislative rule relating to residential board and care homes; and
authorizing the division of health to promulgate a legislative rule
relating to the birth defects information system.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4217--A Bill to amend and
reenact article 7, chapter 64 of the code of West Virginia, 1931, as amended; all relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules
by various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
state register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the legislative rule-making review committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
legislative rule-making review committee and as amended by the
legislature; authorizing the division of banking to promulgate a
legislative rule relating to residential mortgage lenders, brokers
and loan originators; authorizing the insurance commissioner to
promulgate a legislative rule relating to the licensing and conduct
of individual insurance producers, agencies and solicitors;
authorizing the insurance commissioner to promulgate a legislative
rule relating to surplus lines insurance; authorizing the insurance
commissioner to promulgate a legislative rule relating to Medicare
supplement insurance; authorizing the insurance commissioner to promulgate a legislative rule relating to accident and sickness
rate filing; authorizing the insurance commissioner to promulgate
a legislative rule relating to credit for reinsurance; authorizing
the insurance commissioner to promulgate a legislative rule
relating to self-insurance pools for political subdivisions;
authorizing the lottery commission to promulgate a legislative rule
relating to the state lottery; authorizing the lottery commission
to promulgate a legislative rule relating to limited video lottery;
authorizing the racing commission to promulgate a legislative rule
relating to thoroughbred racing; authorizing the racing commission
to promulgate a legislative rule relating to greyhound racing; and
authorizing the tax commissioner to promulgate a legislative rule
relating the alternative resolution of tax disputes.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4283--A Bill to amend and reenact §61-7-4
of the code of West Virginia, 1931, as amended, relating to all
honorably retired law-enforcement officers of the state being
exempt from application fees and from bonding requirements.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2004, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4284--A Bill to amend and
reenact §18A-2-2 of the code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§18A-2-14, relating to providing eligibility for an early
notification of retirement for service personnel and specifying the
amount.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4299--A Bill to amend and
reenact §21-11-3, §21-11-4, §21-11-6, §21-11-12, §21-11-13, §21-11-
15, §21-11-17 and §21-11-20 of the code of West Virginia, 1931, as
amended, all relating to modifications to the West Virginia
contractor licensing act; by increasing the cost of the undertaking
in the definition of a contractor; providing compensation for board
members; increasing the penalty for failing to conspicuously
display license; exempting certain work from licensure; decreasing
the period that a lapsed license may be renewed; providing for an
appeal of penalty for contracting without a license; and removal of
references to the board in certain sections.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4303--A Bill to repeal §33-
12-26 of the code of West Virginia, 1931, as amended; to amend and
reenact §33-3-33 of said code; to amend and reenact §33-12-3, §33-
12-8, §33-12-10, §33-12-11, §33-12-18, §33-12-23, §33-12-27, §33-
12-28, §33-12-30, §33-12-31 and §33-12-32 of said code; to amend
and reenact §33-12C-24 of said code; to amend and reenact §33-37-1,
§33-37-2, §33-37-3, §33-37-4, §33-37-6 and §33-37-7 of said code;
and to amend said code by adding thereto a new section, designated
§33-37-8, all relating to insurance generally; bringing provisions
into compliance with Gramm-Leach-Bliley; eliminating the residency
restriction reporting requirement for surplus lines licensees
remitting the insurance policy surcharge; defining subjects of
insurance for which a license is required; increasing continuing
education requirements; allowing nonresidents to obtain a limited
license for automobile rental coverage; licensing of managing
general agents; providing for certain penalties for violations by
managing general agents; requiring fees for licensor; eliminating
renewal of service representative permits; repealing insurance
vending machines; repealing and eliminating countersignature requirements, effective thirty-first day of December, two thousand;
and making technical corrections.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4318--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §11-21-12f, relating to providing an increasing
modification to federal adjusted gross income for determining West
Virginia taxable income for personal income tax purposes in the
amount of any deduction previously taken for West Virginia personal
income tax purposes for amounts deposited into a prepaid tuition
contract or other college savings plan administered by the board of
trustees of the college prepaid tuition and savings program,
pursuant to article thirty, chapter eighteen of the West Virginia
code, and subsequently withdrawn from the prepaid tuition contract
or other college savings plan, and used for purposes other than
those qualified under section 529 of the Internal Revenue Code; and
providing effective date.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4330--A Bill to repeal §16-5-12a, §16-5-
12b, §16-5-18a and §16-5-18b of the code of West Virginia, 1931, as
amended; to amend and reenact §16-5-1, §16-5-2, §16-5-3, §16-5-4,
§16-5-5, §16-5-6, §16-5-7, §16-5-8, §16-5-9, §16-5-10, §16-5-11,
§16-5-12, §16-5-13, §16-5-14, §16-5-15, §16-5-16, §16-5-17, §16-5-
18, §16-5-19, §16-5-20, §16-5-21, §16-5-22, §16-5-23, §16-5-24,
§16-5-25, §16-5-26, §16-5-27, §16-5-28, §16-5-29, §16-5-30, §16-5-
31, §16-5-32, §16-5-33, §16-5-34, and §16-5-35 of said code; and to
amend said code by adding thereto three new sections, designated
§16-5-36, §16-5-37 and §16-5-38, all relating to vital records;
defining terms; establishing section of vital statistics within the
bureau for public health; authorizing legislative rules;
authorizing the appointment of a state registrar; delineating
duties and powers of state registrar; authorizing registration
districts; authorizing appointment and removal of local registrar
and deputy local registrars; delineating duties of local registrars
and deputy local registrars; authorizing state registrar to approve
document forms; requiring the filing of certificates of birth;
establishing criteria for paternity to be indicated on birth
certificate; allowing for amendment of birth records; requiring the
reporting of specified birth defects; requiring notations of
missing children on birth records; requiring reporting of infants
of unknown parentage; providing for delayed registration of births; providing for establishment of facts of birth through judicial
procedure; requiring courts to report adoptions, annulments of
adoptions or amendments of orders of adoptions; requiring courts to
report paternity determinations; providing for new birth
certificates following adoption, legitimation, or paternity
acknowledgment or determination; requiring reporting of death and
fetal death; providing for delayed registration of death;
authorizing disposition, disinterment and reinterment permits;
authorizing corrections and amendments to vital records;
authorizing reproduction and disposal of vital records; providing
for disclosure of information for research purposes; providing for
issuance of certified copies of vital records; authorizing fees for
copies and record searches; setting forth duties to keep records
and furnish vital information; authorizing registrar to match birth
and death records; limiting use of social security numbers;
authorizing the establishment of system of registering records of
marriage, divorce and annulment; requiring reporting of marriages,
divorces and annulments; providing penalties for violations; and
continuing the section of vital statistics.
Referred to the Committee on Government Organization; then to
the Committee on the Judiciary; and then to the Committee on
Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4354--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §7-1-3oo, relating to authorizing county
commissions to adopt ordinances to reduce false alarms.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2004, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4357--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §8-13-5b; 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; to amend and reenact §11-10-3 of said code; and to amend said
code by adding thereto a new section, designated §11-10-11b, all
relating to authorizing municipalities to impose an alternative one
percent municipal sales and service tax on the privilege of selling
tangible personal property or custom software and for the privilege
of furnishing certain select services in the municipality, and an
alternative municipal use tax on the use of tangible personal
property, custom software or taxable services in the municipality,
in lieu of imposing a business and occupation tax; administrative
provisions; collection and disposition of revenues; and criminal
penalties.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4377--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-4, §33-20F-5 and §33-20F-7 of said
code, all relating to physicians generally; 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;
clarifying and correcting the premium taxes that the physicians'
mutual insurance company will be subject to; amending provisions
relating to the one-time assessment on physicians.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4390--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-10-32, relating to making tongue splitting
a crime unless performed by a licensed physician or osteopath; and providing for a penalty.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4412--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §5-16B-6c, relating to directing the children's
health insurance board to study all available means to develop a
plan modification to permit participation by families with income
levels between two hundred percent and three hundred percent of the
federal poverty level; findings; premium; and report to
Legislature.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4415--A Bill to amend and reenact §6-9-7
of the code of West Virginia, 1931, as amended, relating to giving
the state auditor, as the chief inspector, flexibility in
determining when to conduct audits on local government offices and
when to conduct a review on them.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4431--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-22-9b, relating to establishing a lottery scratch-
off game for the benefit of West Virginia firefighters; creating
fund; providing for legislative rule and expenditures from the
fund.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4441--A Bill to amend and reenact §16-22-3
of the code of West Virginia, 1931, as amended, relating to the
expansion of newborn testing to include sickle cell anemia and
congenital adrenal hypoplasia.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2004, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4453--A Bill to amend and reenact §7-14D-
2, §7-14D-5, §7-14D-7, §7-14D-12, §7-14D-13, §7-14D-14, §7-14D-15,
§7-14D-20, §7-14D-21 and §7-14D-23 of the code of West Virginia,
1931, as amended, and to further amend said code by adding thereto
a new section, designated section §7-14D-24a, all relating to
benefits and responsibilities in the deputy sheriffs' retirement
system generally; providing for membership of certain persons not
employed as a deputy when system initiated; changing method for
determining contributions to the system's fund; providing for
calculation of contributions required upon reemployment as deputy
sheriff; removing language providing for benefits upon reaching
early retirement age; changing method for calculating retirement
benefits; providing right of members to name a beneficiary in
certain circumstances; providing for distribution of accumulated
contributions to member's estate in certain circumstances; limiting
system loans to members; and providing for determining payment of
benefits prior to, during and after deputy retiree returns to work
as a deputy.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4455--A Bill to amend and
reenact §17-24-4 and §17-24-6 of the code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section,
designated §17-24-10, all relating to the waste tire remediation
program; allowing balance in fund at end of fiscal year to be
transferred to state road fund in certain circumstances; and
continuation of the waste tire remediation program.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4468--A Bill to amend and reenact §16-15-7
and §16-15-18 of the code of West Virginia, 1931, as amended, all
relating to allowing housing development authorities to pay for
persons of eligible income the costs of preparation of any title
instrument, deed of trust, note or security instrument, the costs
of recording any title instrument, deed of trust, note or security
instrument and the amount of impact fees imposed.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4474--A Bill to amend and reenact §29-22-12 of the code of West Virginia, 1931, as amended;
and to amend and reenact §29-22A-16 of said code, all relating to
video lottery offenses in general; making it a felony to steal
lottery tickets and establishing the penalty therefor; and making
it a felony to use, or assist another in the use of, certain
electronic, electrical, or mechanical devices to obtain an
advantage at playing any racetrack video lottery machine, and
establishing the penalty therefor.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4489--A Bill to amend and
reenact §48-1-230 of the code of West Virginia, 1931, as amended;
and to amend said code by adding thereto two new sections,
designated §48-18-119a and §48-18-119b, all relating to child
support generally; providing for liens upon child support obligors'
proceeds from worker's compensation awards, from civil settlements,
judgments, or awards from arbitration or other alternative dispute
resolutions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4491--A Bill to amend and
reenact §22A-1-8, §22A-1-9, §22A-1-11, §22A-1-12 and §22A-1-13 of
the code of West Virginia, 1931, as amended, all relating to mine
inspectors and instructors employed by the office of miners'
health, safety and training; regions and districts; and
qualifications, examinations, appointments, salaries, expense
reimbursements, tenure and removal of mine safety instructors,
electrical inspectors and mine inspectors.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4492--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-3C-14b, relating to creating the criminal
offense of soliciting a minor via computer to commit any illegal
act; and providing penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4495--A Bill to amend and
reenact §18B-12-10 of the code of West Virginia, 1931, as amended, relating to the assignment and transfer of real property for
research and development at institutions of higher education for
economic development purposes; and providing that economic
development includes housing projects.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect October 1, 2004, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4514--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17C-5C-1, §17C-5C-2, §17C-5C-3, §17C-5C-4, §17C-5C-5,
§17C-5C-6, §17C-5C-7, §17C-5C-8, §17C-5C-9, §17C-5C-10, §17C-5C-11,
§17C-5C-12, §17C-5C-13, §17C-5C-14, §17C-5C-15, §17C-5C-16,
§17C-5C-17, §17C-5C-18 and §17C-5C-19, all relating to creating one
or more pilot programs establishing a court referral officer
program to promote the screening, evaluation, education, treatment
and rehabilitation of persons who are repeat offenders or serious
offenders under provisions relating to driving under the influence
of alcohol, controlled substances or drugs.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4516--A Bill to amend and
reenact §19-21A-4 and §19-21A-7 of the code of West Virginia, 1931,
as amended, all relating to the state conservation committee and
conservation districts; adding a member to the committee;
designating the committee's supporting staff as the West Virginia
conservation agency; and increasing the per diem rate for
conservation supervisors.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4521 --A Bill to amend and reenact §22-17-
20 of the code of West Virginia, 1931, as amended, relating to the
underground storage tank act; increasing the annual registration
fee; requiring emergency rule; increasing cap amount for
underground storage tank fund; and requiring annual report to the
joint committee on government and finance.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4535--A Bill to amend the code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §11-3-32, relating to providing relief from
property taxes when real or personal property is damaged or
destroyed in a disaster.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4536--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §15-10A-1, §15-10A-2, §15-10A-3, §15-10A-4,
§15-10A-5 and §15-10A-6, all relating to establishing the law-
enforcement re-employment act; legislative findings; authorizing
the re-employment of retired county and municipality law-
enforcement officers, and division of natural resource law-
enforcement officers; examination requirements; coverage for
illness or injury; ineligibility for contributions to pensions; and
employment status, civil service and retirement benefits.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4545--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; providing that certain persons
rehired are to become members of the last plan contributed to;
setting forth short title; providing legislative findings and
purpose; providing definitions; providing for merger and
consolidation of the teachers' defined contribution retirement
system and the state teachers retirement system upon election;
providing responsibilities of the consolidated public retirement
board; setting forth dates and time periods for transition and
election; requiring that increase of or new benefits to the
teachers retirement system be amortized over a seven-year time
period; providing for education about election and merger for
members; requiring legal notice to members; providing for transfer
of assets from the teachers' defined contribution retirement system
to the state teachers retirement system upon favorable vote for
consolidation and merger; providing that the teacher's defined
contribution retirement system shall not exist upon favorable vote for consolidation and merger; setting forth terms of merger and
consolidation of the teachers' defined contribution retirement
system and the state teachers retirement system; providing for
service credit in the state teachers retirement; requiring members
of teachers' defined contribution plan to pay additional amount to
receive credit upon merger; providing options and loans for members
moving to the remaining plan; providing service credit for
transferring member; addressing withdrawals and cash outs;
providing for election on the question of merger and consolidation
of the teachers' defined contribution retirement system and the
state teachers retirement system; setting forth requirements of
election; allowing consolidated public retirement board to contract
directly for professional services for purposes of performing its
responsibilities related to the merger and consolidation and
conducting the election; permitting only one election; addressing
qualified domestic relations orders; providing for vesting of
members and minimum guarantees of benefits for them; providing for
due process and right to appeal; and providing for nonseverability
of the new article.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4561--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §20-2-5f, relating to authorizing the director
of the division of natural resources to allow a nonresident to
seasonally train dogs for coon hunting, if the nonresident's state
reciprocates for West Virginia residents; and establishing the dog
training season.
Referred to the Committee on Natural Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4562--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; 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 to make a
technical correction to clarify membership; permitting periodic
payment distributions; prohibiting involuntary distributions;
clarifying service credit for vesting and suspense account and
clarifying forfeiture money payment.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4566--A Bill to amend and
reenact §61-10-15 of the code of West Virginia, 1931, as amended,
relating to allowing continued employment of a spouse of a newly
elected county commissioner with tenured service with a county
agency to keep their job.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4567--A Bill to amend and reenact §11-14A-
2, §11-14A-3a, §11-14A-4, §11-14A-5, §11-14A-6, §11-14A-7, §11-14A-
9, §11-14A-11, §11-14A-13, §11-14A-16, §11-14A-27 and §11-14A-28 of
the code of West Virginia, 1931, as amended; and to further amend
and reenact §11-14B-1, §11-14B-2, §11-14B-3, §11-14B-5, §11-14B-6,
§11-14B-10 and §11-14B-14 of said code, all relating to the motor
carrier road tax and international fuel tax agreement; defining
certain motor carrier road tax terms; applying motor carrier road
tax to household goods carriers and independent contractors;
establishing liability for tax between lessors and lessees;
restating method of computing tax; revising time for payment of
taxes and filing reports; providing penalty for failure to maintain
certain records; authorizing tax commissioner to issue assessment
for erroneously calculated tax; requiring identification markers and providing for the revocation and removal thereof; prohibiting
trip permits for certain motor carriers; providing civil penalty of
revocation when taxpayer acts contrary to law; establishing new
crimes and providing criminal penalties therefor; providing for
administration of certain credits against motor carrier road tax;
eliminating requirement for surety bond conditioned on compliance
with law; authorizing disposition of taxes collected under article
fourteen-b, chapter eleven of this code; increasing penalty for
failure to file return when no tax due; authorizing interest rate
on delinquent motor carrier road tax to be one percent per month;
establishing effective date of amendments; defining certain
international fuel tax agreement terms; establishing identification
marker requirements; reserving authority of state to determine
applicability of state law; establishing application of article
fourteen-a, chapter eleven of this code; specifying those subject
to the provisions of the article fourteen-a, chapter eleven of this
code; authorizing audits by the tax commissioner; and providing
that state law controls in the event of inconsistency with the
international fuel tax agreement.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4582--A Bill to amend and reenact §21-3C-1, §21-3C-2, §21-3C-3, §21-3C-4, §21-3C-5 and §21-3C-6 of the code
of West Virginia, 1931, as amended, all relating to elevator
safety; adding and modifying definitions; adding grounds for
revocation or suspension of certificate of competency; limiting
division inspectors to inspections of state owned elevators; and
making technical and stylistic changes.
Referred to the Committee on Labor; and then to the Committee
on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4593--A Bill to amend and
reenact §17C-17-6a of the code of West Virginia, 1931, as amended,
relating to safe transport of compressed gas containers.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4598--A Bill to amend and reenact §49-1-5
of the code of West Virginia, 1931, as amended, all relating to
restricting courts from requiring conditions on the out-of-home
placement of children inconsistent with existing licensing
regulations.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4605--A Bill to amend and
reenact §48-5-509 and §48-5-608 of the code of West Virginia, 1931,
as amended; to amend and reenact §48-27-401, §48-27-902, §48-27-
903, §48-27-1001 and §48-27-1102 of said code; to amend and reenact
§61-2-9 and §61-2-28 of said code; and to amend and reenact §61-7-4
and §61-7-7 of said code, all relating to domestic violence;
clarifying the interaction between temporary and final domestic
violence protective orders and the provisions of protective
measures reflected in temporary or final divorce orders entered in
divorce proceedings or other types of domestic proceedings; making
the violation of emergency or final protective orders issued by
injunctive relief or protective order in a divorce proceeding a
misdemeanor; clarifying provisions related to the arrest and
criminal enforcement of violations of protective orders to include
the same; clarifying the penalties which may be imposed for the
initial and repeated violation of such protective orders;
authorizing the governor's committee on crime, delinquency and
correction to develop and promulgate rules regarding the procedures
for the dispatch of matters involving domestic violence; and
relating to prohibitions against the issuance of licenses and
permits to carry concealed weapons and the possession of firearms as they pertain to persons who have been convicted of domestic
violence offenses and/or are subject to domestic violence
protection orders.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4607--A Bill to amend and
reenact §13-2C-3a of the code of West Virginia, 1931, as amended;
and to amend and reenact §31-15-5 of said code, all relating to the
economic development authority board; conferring the authority and
duties of the industrial revenue bond allocation review committee
to the board of the West Virginia economic development authority;
and adding members to the board of the economic development
authority.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4625--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5B-2-12a, relating to authorizing the tourism
commission the use of the tourism promotion fund to support the
2004 Pete Dye West Virginia Classic to be held in this state in the year two thousand four.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4626--A Bill to amend and reenact §18-2-5b
of the code of West Virginia, 1931, as amended; and to amend and
reenact §18A-4-4 of said code, all relating to providing a salary
supplement for providers of medicaid eligible services in the
public schools and the financing thereof.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4634--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-8-14, relating to requiring persons incarcerated in
county or regional jails who have been convicted of a misdemeanor
to pay for the costs of his or her incarceration; providing an
exemption for indigent persons and requiring community service in
certain circumstances.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4641--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §30-7B-1, §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5 and
§30-7B-6, all relating to the delegation of dialysis care;
authorizing delegation under certain circumstances; providing for
training and testing standards; providing for approval or
disapproval of training programs and testing organizations;
providing for exceptions to training and testing requirements;
authorizing rulemaking and emergency rulemaking; requiring
facilities to provide information to the board; and providing for
the expiration of authority in absence of sunrise application.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4649--A Bill to amend and
reenact §49-5D-2, §49-5D-3 and §49-5D-3a of the code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new article, designated §49-10-1, §49-10-2, §49-10-3, §49-10-4,
§49-10-5, §49-10-6 and §49-10-7, all relating to child welfare;
providing for a child advocacy center participation in
multidisciplinary investigative teams; providing for uniform comprehensive assessments of children; preference to instate
placement; including in team, child, the juvenile's attorney,
appropriate school official, court-appointed special advocate when
available, and a representative from the licensed domestic violence
program serving the county, when appropriate and available;
requiring team preference of instate placement; requiring court
preference of instate placement; establishing child welfare
oversight panel; providing purpose of panel; establishing
membership requirements; establishing duties of the panel;
requiring annual reporting; directing department of health and
human resources participation in panel; providing for
confidentiality of child specific information received by the
panel; and providing limited immunity to persons participating in
panel activities.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4653--A Bill to amend and
reenact §20-2-23a of the code of West Virginia, 1931, as amended,
and to amend said code by adding thereto a new section, designated
§20-2-23g, all relating to conducting a study of the upper area New
River; opening the area to permit for float trips and bateau style
boats; and economic development.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4655--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §5-16B-10, relating to subrogation rights of
the children's health insurance plan; providing that submission of
an application for benefits through the children's health insurance
agency constitutes an assignment of rights to the agency to recover
benefits paid by the agency; requiring that a jury is not to be
informed of the interest of the agency; providing for the deduction
of attorney fees from the amount paid to the agency; requiring a
person with notice of the interests of the agency to withhold the
amount of settlement proceeds necessary to reimburse the agency;
and imposing liability on persons who fail to reimburse the agency.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4658--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-21, relating to defense of self, others and
property; and providing limited immunity from civil liability.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4660--A Bill to amend and reenact §5-3-5
of the code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new section, designated §5-3-6, relating
to providing for the disposition of funds or assets recovered in a
legal action or settlement by or on behalf of the general public,
the state or its officers, agencies or political subdivisions;
establishing the attorney general's litigation support fund;
providing for the deposit of certain money into the fund; providing
for the deposit of certain money into the general revenue fund of
the state and exceptions thereto; requiring certification, records
and reports of certain monies recovered and prescribing the use
thereof; requiring certain disposition of funds to be held in
trust; limiting certain powers to administrate certain funds;
requiring legislative appropriation of certain funds; requiring
certain advice be given to courts; prohibiting agreements to settle
contrary to law; limiting actions and expenditures of funds public
funds to challenge the constitutionality of the section; and
limiting respondent parties to such action.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4669--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-2E-3f, relating to providing for establishment of
special five-year demonstration professional development school
project; making certain findings; providing certain powers and
duties of state superintendent with respect to project; requiring
reports; and excluding requirement of specific appropriations.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4670--A Bill to amend and reenact §11-24-
3a of the code of West Virginia, 1931, as amended; and to amend
said code by adding thereto three new sections, designated §11-24-
7c, §11-24-7d and 11-24-13c, all relating generally to corporation
net income tax; requiring additional adjustments to federal taxable
income by certain corporations; authorizing tax commissioner to
allocate income and deductions among taxpayers when necessary to properly reflect taxable income; allowing tax commissioner to
require certain additional information from members of affiliated
or controlled groups; and making technical changes and corrections.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4671--A Bill to amend and reenact §15-2-43
of the code of West Virginia, 1931, as amended; and to amend and
reenact §20-7-1d of said code, all relating to the disposal of law-
enforcement weapons when replaced due to routine wear.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4672--A Bill to amend and reenact §31B-12-
1207 of the code of West Virginia, 1931, as amended, relating to
calculation of workers' compensation premiums for members of
limited liability companies; and clarifying that workers'
compensation coverage is not required for a person who is a member
solely as an investor.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4708--A Bill to amend and reenact §24-6-6b
of the code of West Virginia, 1931, as amended, relating to the
wireless enhanced 911 fee; and adjusting the formula by which the
public service commission distributes wireless enhanced 911 fees to
the counties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4709--A Bill to amend and reenact §47-1-20
of the code of West Virginia, 1931, as amended, relating to
allowing the commissioner of labor to charge fees for laboratory
services and calibrations by rule; establishing a special revenue
account to be used by the division of labor for the enforcement of
weights and measures statutes.
Referred to the Committee on Labor; and then to the Committee
on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4714--A Bill to amend and reenact §18-2D-1 of the code of West Virginia, 1931, as amended, relating to
community education; legislative findings and purpose; and
clarifying that certain community education programs support public
education.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4737--A Bill to amend and reenact §18-7A-
14b of the code of West Virginia, 1931, as amended, relating to
providing options for members of teachers retirement to make
contributions for periods of temporary total disability.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2004, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4738--A Bill to amend and reenact §18A-4-8
of the code of West Virginia, 1931, as amended, all relating to
salaries, wages and other benefits of school service personnel; and
adding new class title positions for administrative assistant and
cook IV to be paid from county funds equivalent to certain pay
grades.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4739--A Bill to amend and reenact §4-11A-
1, §4-11A-2 and §4-11A-3 of the code of West Virginia, 1931, as
amended, all relating to legislative appropriation of tobacco
settlement funds and strategic contribution funds.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4740--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 reasonable attorney fees out of the fund as
determined by the board of risk and insurance management.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4743--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-9, relating to establishing conditions precedent
to eliminating certain National Collegiate Athletic Association
eligible teams.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4745--A Bill to amend and reenact §17-2A-
23 of the code of West Virginia, 1931, as amended, relating to
administration of repairs to vehicles and equipment by the division
of highways; and providing for decertification of certified vendors
in certain circumstances.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4746--A Bill to amend and reenact §12-1-2,
§12-1-7, §12-1-12 and §12-1-13 of the code of West Virginia, 1931,
as amended; to amend and reenact §12-2-1 of said code; to amend and
reenact §12-3-1 and §12-3-1a of said code; to amend and reenact
§12-3A-3, §12-3A-4 and §12-3A-6 of said code; to amend and reenact
§12-5-1 and §12-5-5 of said code; to amend and reenact §12-6-5 and §12-6-8 of said code; and to amend and reenact §18-30-4 of said
code, all relating generally to the state treasurer's office;
designating financial institutions as depositories for state funds;
adding state and federal savings and loan associations as
candidates for depository banks; defining spending unit for the
purposes of chapter twelve of the code; allowing only the treasurer
to enter into contracts for banking goods and services, except for
the auditor obtaining the purchasing card; requiring financial
institutions outside the state with state funds to meet the same
collateral requirements for other depositories; clarifying that the
treasurer may pay for banking goods and services by maintaining a
compensating balance in an account other than only accounts that do
not earn interest; adding electronic funds transfers to the methods
the state uses to receive moneys; amending procedures for stale
dated checks and requiring the treasurer to search for the payee;
requiring spending units which have payments in which the checks
have become stale to inform the treasurer's office when the stale
dated checks contain federal funds, the amount of the federal funds
and which account should receive the funds; specifying legal effect
of documents and electronic signatures; adding the treasurer as
additional administrator of the West Virginia check card; allowing
the state treasurer to authorize spending units to assess and
collect fees for electronic commerce receipts; requiring the state
treasurer to issue legislative rules to authorize spending units to assess and collect fees for electronic commerce receipts; adding
cash to the definition of securities; creating fund in treasury to
allow for the deposit of cash into safekeeping and allowing the
treasurer to invest the money and to prescribe forms and procedures
for processing the moneys; amending provisions related to
investment of funds of political subdivisions; requiring treasurer
to contract with political subdivisions; changing the
qualifications for certain members of the West Virginia college
prepaid tuition and savings program and changing the appointment
process of two members of the West Virginia college prepaid tuition
and savings program.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4747--A Bill to amend the code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-24a; and to amend and reenact §61-7-4 of said
code, all relating to requiring the collection of fees by the state
police for performing adult private employment fingerprinting or
fingerprinting for federal firearm permits; and increasing fees to
be paid to the superintendent of the state police prior to issuance
of a concealed weapons permit.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 3--Requesting the West
Virginia Division of Highways to name that portion of highway
beginning on State Route 75 at milepost 0.00 and extending to
milepost 0.73, and including that portion of U.S. Route 52
extending from milepost 4.68 and terminating at milepost 16.59, the
"Big Green Memorial Highway".
Whereas, On November 14, 1970, seventy-five passengers,
including the Marshall University football team, coaches, faculty,
fans and flight crew perished in a tragic plane crash while
returning to Tri-State Airport after a football game against East
Carolina University; and
Whereas, The tragic plane crash occurred in an area near that
section of aforementioned highways and the City of Kenova in Wayne
County; and
Whereas, The City Council of Kenova conceived the idea of
naming the "Big Green Memorial Highway" in honor of the plane crash
victims, and the Big Green Scholarship Foundation affiliated with
Marshall University wholeheartedly endorsed the proposal; and
Whereas, The memory of the seventy-five persons who perished
in the November 14, 1970, plane crash still lives in the hearts and minds of their family and friends and the entire Marshall
University community, and thus it is only fitting that these
highways so near the site of the tragic crash be memorialized in
their name; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia
Division of Highways to name that portion of highway beginning on
State Route 75 at milepost 0.00 and extending to milepost 0.73, and
including that portion of U.S. Route 52 extending from milepost
4.68 and terminating at milepost 16.59, the 'Big Green Memorial
Highway"; and, be it
Further Resolved, That the Division of Highways cause
appropriate signs to be placed so designating the "Big Green
Memorial Highway", and that two historical plaques recounting the
tragic plane crash be placed on the northbound and southbound lanes
of the "Big Green Highway" in the vicinity of the flight path of
the plane; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Commissioner of the Division of Highways, the City of Kenova and
the Big Green Scholarship Foundation.
Referred to the Committee on Transportation.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 4--Requesting the West
Virginia Division of Highways to establish a "Robert L. Bradley,
M.D., Ph.D., Brigadier General, Memorial Highway".
Whereas, Dr. Robert L. Bradley served as Chief of Surgery at
the VA Hospital in Huntington, West Virginia, for almost 25 years.
During this time he performed over 20,000 major surgical
procedures. Veterans from many states would travel to Huntington
to have Dr. Bradley take care of them. He cared deeply about
medicine and the quality of care afforded to veterans and their
families; and
Whereas, Dr. Robert L. Bradley, a native West Virginian,
graduated from West Virginia University in 1939 and Northwestern
University School of Medicine in 1942. He enlisted in the U. S.
Army in 1942 as a Battalion Surgeon and served 30 months in the
Southwestern Pacific arena in the jungles of New Guinea and on
Luzon. He became one of the first general surgeons to be board
certified in the State of West Virginia in 1951. In 1970, he
transferred to the Veterans Hospital in Lexington, Kentucky as
Chief of Surgery, a division of the University of Kentucky School
of Medicine. He received his Ph.D. in Anatomy from the University
of Kentucky. In 1975, he joined Marshall University's School of
Medicine as a professor of anatomy and surgery. Dr. Bradley was
responsible for laying the groundwork for the establishment of Marshall's medical school during the 1960s. He was Chairman of the
Department of Surgery at Marshall University School of Medicine
until his retirement in 1986. He retired from medicine 48 years
after entering medical school at the age of 18. He has been
described as "a great American of many words and wisdom whose
passion, loyalty and laughter will always be present"; and
Whereas, Dr. Bradley continued his career with the military
following World War II. He was a graduate of the Command and
General Staff College and the Army War College. He retired from
the military with the rank of Brigadier General after 37 years of
service. Over his professional career in medicine and in the
military, he was the author of numerous scientific articles and
papers, and is quoted in several standard medical texts. He was a
Diplomat of the American Board of Surgery, a member of the American
Medical Association and several other professional organizations.
Dr. Robert L. Bradley passed away on January 22, 2002, and is
buried in New Martinsville, West Virginia. His life centered
around medicine, the military and the State of West Virginia; and
Whereas, The life, dedication and accomplishments of Dr.
Robert L. Bradley, a true mountaineer and great American, his
contributions to his country, state, community and family should be
recognized; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to establish and name the following portion of
I-64 roadway the "Robert L. Bradley, M.D., Ph.D., Brigadier
General, Memorial Highway":
Beginning at a point on Wayne CR 3/2 being Mile Post 0.00 to
Mile Post 1.25, thence on CR 3/1 from Mile Post 0.09 to Mile Post
0.00, thence CR 3 from Mile Post 2.72 to Mile Post 3.68, thence
crossing the Wheeler Bridge to CR 5 Mile Post 1.15 to Mile Post
0.00, thence CR 7 from Mile Post 17.84 to Mile Post 16.70, thence
CR 6 from Mile Post 0.00, thence CR 7 from Mile Post 17.84 to Mile
Post 16.70, thence CR 6 from Mile Post 0.00 to Mile Post 1.26,
thence CR 6/1 from Mile Post 0.00 to Mile Post 1.54 at the Wayne
County, Cabell County Line, thence following a proposed new road
known as "Spring Valley Connector, State Project X250-7/47-.0000"
joining with I-64 at Mile Post 6.74; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Commissioner of the Division of Highways and the family of Dr.
Bradley.
Referred to the Committee on Transportation.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 23--Requesting the Division of
Highways to name the bridge, located approximately one mile east of the Huntington Mall on Route 60, the "George Adam Floding Bridge"
in memory of the man who constructed the Blue Sulphur Springs Hotel
near the same site where the bridge to be named is located.
Whereas, George Adam Floding, was the founder of Blue Sulphur
where he constructed the Blue Sulphur Springs Hotel; and
Whereas, The Blue Sulphur Springs Hotel held its grand opening
on July 4, 1885, during a time when no other development had
occurred in the area; and
Whereas, The hotel, constructed by Mr. Floding, was a grandly
ornate three-story structure with a veranda on each floor where
persons from as far away as Cincinnati, Ohio, (a faraway place
relative to the modes and routes of travel that existed at the
time) traveled for pleasure, social life and the perceived health
benefits of the sulphur springs; and
Whereas, While the old hotel constructed by Mr. Floding no
longer exists, the community of Blue Sulphur has blossomed with the
development of many housing developments; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is requested to name the bridge
located approximately one mile east of the Huntington Mall on Route
60, the "George Adam Floding Bridge" in memory of the man who
founded the community of Blue Sulphur and who constructed the Blue
Sulphur Springs Hotel near the same site where the bridge is
located; and, be it
Further Resolved, That the Commissioner of Highways is hereby
requested to erect at each entrance to the bridge a sign
designating the bridge as "The George Adam Floding Bridge"; and, be
it
Further Resolved, That the Clerk is hereby directed to provide
a copy of this resolution to the Commissioner of Highways and the
Cabell County Commission.
Referred to the Committee on Transportation.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 47--Requesting the Joint
Committee on Government and Finance to study providing for
limitations on nurse overtime policies in hospitals operated by
state agencies within West Virginia.
Whereas, The Legislature has approved limitations on nurses'
overtime in hospitals other than those operated by a state agency;
and
Whereas, The state has an interest in the quality of health
care provided to patients in state-operated hospitals and in the
health and fitness of the nurses on duty; and
Whereas, Public hospitals strive to provide adequate care
comparable to that provided in private hospitals; and
Whereas, Public hospitals may experience a further shortage of nurses who may leave their workplace or profession because of
stress related to working long hours; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study providing for limitations on nurse overtime
policies in hospitals operated by state agencies within West
Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with the
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 67--Designating March 3rd,
2004 as "Disability Awareness Day.
Whereas, There are approximately 400,000 West Virginians with
disabilities; and
Whereas, People with disabilities have the right to equal
opportunity to live full productive lives in the community of their
choice; and
Whereas, People with disabilities have the right to receive
the supports they need to exercise self-determination, achieve
independence and become productive employees in the workplace; and
Whereas, West Virginia's citizens with disabilities have
banded together in a collective group, called the Fair Shake
Network, to help bring their concerns to the forefront of public
awareness; and
Whereas, Such organizations as the Appalachian Center for
Independent Living, Coalition for West Virginia's Children,
Mountain State Centers for Independent Living, Northern West
Virginia Center for Independent Living, West Virginia Advocates,
West Virginia Assistive Technology System, West Virginia
Developmental Disabilities Council, West Virginia Mental Health
Consumers Association, West Virginia Statewide Independent Living
Council, West Virginia Division of Rehabilitation Services, West
Virginia State Rehabilitation Council and the West Virginia Parent
Information Project have all joined together to help increase
public awareness of issues involving the many concerns of West
Virginians' with disabilities; and
Whereas, The purpose of Disability Awareness Day is to
increase the awareness of legislators, administrations, policymakers and the public of the policy issues that are important
to people with disabilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature hereby designates March 3,
2004, as "Disability Awareness Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the
Fair Shake Network.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Ross, and by unanimous consent, the
Senate returned to the second order of business and the
introduction of guests.
The Senate proceeded to the sixth order of business.
Senators Chafin and Caldwell offered the following resolution:
Senate Concurrent Resolution No. 72--Requesting the Joint
Committee on Government and Finance study the use of remote control
locomotive technology in switching operations.
Whereas, Helping secure a safe workplace for all West Virginia workers is a primary goal of the State of West Virginia; and
Whereas, The State of West Virginia has Class I railroads
involved in the continuous and extensive transportation of
hazardous materials by rail which are subject to uncontrolled
release if their containers rupture during a railroad derailment or
collision; and
Whereas, Thus far, all railroads have manned their locomotives
with employees who are rigorously certified and fully qualified by
standards established by the Federal Railroad Administration, which
has issued guidelines to govern the day-to-day operational
practices involving remote control locomotives and is studying the
need to implement additional guidelines; and
Whereas, Regulations for the use of remote control locomotives
should be developed to ensure the highest level of skill and
qualifications; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the use of remote control locomotive technology
in switching operations; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to Allan Rutter,
Administrator of the Federal Railroad Administration.
Which, under the rules, lies over one day.
Senators Chafin, Helmick, Sprouse, Facemyer, Bowman, Fanning,
Deem, McKenzie, Harrison, Love, Minear, Snyder, Hunter, Dempsey,
White, Oliverio, Minard, Kessler, Bailey, Ross, Jenkins, Guills,
Tomblin (Mr. President), Unger, Rowe, Caldwell, Plymale, Edgell,
McCabe, Prezioso, Boley, Weeks, Smith and Sharpe offered the
following resolution:
Senate Resolution No. 29--Designating March 4, 2004, as
"Friends of Coal Day".
Whereas, Since the formation of this state during the Civil
War, there has been one constant, basic and essential industry that
has fueled this state's economy, supported this nation through two
world wars and other international conflicts and stands ready today
to help this country become energy self-sufficient and that
industry is coal; and
Whereas, The extraction of coal from the hills and valleys of
this state has been an integral part of the social and economic life of millions of West Virginians; and
Whereas, Coal miners and their families represent a proud
heritage of courage, strength of character and quiet confidence
that has the respect and admiration of all West Virginians; and
Whereas, The economic vitality of the coal industry is
critically important to the future well-being of West Virginia and
its citizens; and
Whereas, "Friends of Coal" is a grassroots organization
involving thousands of West Virginians, as well as citizens of
other states, who are working diligently to ensure the future of
West Virginia through a vibrant, essential and productive coal
industry; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 4, 2004, as "Friends
of Coal Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Governor, the members of West
Virginia's congressional delegation and the appropriate
representatives of "Friends of Coal".
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 73--Designating Thursday,
March 4, 2004, as "Friends of Coal Day" at the State Capitol.
Whereas, Since the formation of this state during the Civil
War, there has been one constant, basic and essential industry that
has fueled this state's economy, supported this nation through two
world wars and other international conflicts and stands ready today
to help this country become energy self sufficient and that
industry is coal; and
Whereas, The extraction of coal from the hills, mines and
valleys of this state has been an integral part of the social and
economic life of millions of West Virginians; and
Whereas, Coal miners and their families represent a proud
heritage of courage, strength of character and quiet confidence
that has the respect and admiration of all West Virginians; and
Whereas, The economic vitality of the coal industry is
critically important to the future well-being of West Virginia and
its citizens; and
Whereas, The "Friends of Coal" is a grassroots organization
involving thousands of West Virginians, as well as citizens of
other states, who are working diligently to ensure the future of
West Virginia through a vibrant, essential and productive coal industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby declares Thursday, March 4, 2004,
as "Friends of Coal Day" at the state capitol; and, be it
Further Resolved, That all West Virginians are encouraged to
celebrate March 4, 2004, as "Friends of Coal Day" at the state
capitol; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Governor and the members of West
Virginia's delegation in Congress.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and again
proceeded to the sixth order of business.
Senators McCabe, Jenkins, Rowe, Caldwell and Unger offered the
following resolution:
Senate Resolution No. 30--Congratulating Marion Gail Byrd on her selection as West Virginia Mother of the Year, 2004.
Whereas, Marion Gail Byrd is married to her beloved husband,
Milton, with whom she shared the joy of having seven children who
have blessed them with fourteen grandchildren and two great
grandchildren; and
Whereas, Marion Gail Byrd is a present member and former
Capitol District President of the General Federation of Women's
Clubs of West Virginia; and
Whereas, Marion Gail Byrd is a member of the Kentucky-Ohio-
West Virginia District Administrative Council for Pilot
International Volunteer service organization; and
Whereas, Marion Gail Byrd is a member of the St. Marks
Episcopal Church of St. Albans and serves as Chair of the Altar
Guild; and
Whereas, Marion Gail Byrd has been selected by the West
Virginia Organization of American Mothers, Inc., as the West
Virginia Mother of the Year, 2004; and
Whereas, Marion Gail Byrd will represent West Virginia at the
American Mothers, Inc., Convention scheduled for April, 2004, in
San Juan, Puerto Rico; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates Marion Gail Byrd on her
selection as West Virginia Mother of the Year, 2004; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Marion Gail Byrd.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Sprouse, Jenkins, Rowe, Caldwell and Unger offered
the following resolution:
Senate Resolution No. 31--Designating the month of March as
"American Red Cross Month".
Whereas, Founded in 1881 and chartered by Congress in 1905,
the American Red Cross acts in times of need in this country and
around the world; and
Whereas, The American Red Cross is one of the most recognized
humanitarian organizations and provides compassionate care to those
who suffer disasters; and
Whereas, American Red Cross volunteers provided food,
clothing, shelter and mental health support to victims of nearly
742 disasters in recent years; and
Whereas, Nearly 67,000 people in West Virginia have been
trained by the American Red Cross in CPR, first aid, lifeguard
techniques, water safety and HIV/AIDS education; and
Whereas, Recruitment of West Virginians by the American Red
Cross is continuous in seeking blood donations and blood products
for critical medical treatments in our state; and
Whereas, The generosity of contributions of time and money by
the American people help the American Red Cross restore vital
services to families in times of need; therefore, be it
Resolved by the Senate:
That the Senate hereby designates the month of March as
"American Red Cross Month"; and, be it
Further Resolved, That the Senate hereby recognizes the
American Red Cross for its contributions to this state, the United
States and the world; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the
American Red Cross.
At the request of Senator Sprouse, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Concurrent Resolution No. 73 (originating in the
Committee on Pensions)--Requesting the Joint Committee on
Government and Finance appoint an interim committee to study
establishing a separate retirement system for emergency medical
services personnel suited to the unique characteristics of their
employment.
Whereas, Emergency medical services personnel must endure
demanding and stressful circumstances and meet unique physical
qualifications in their jobs which are different from those endured
by most public employees; and
Whereas, The work environment of emergency medical services
personnel routinely exposes them to increased risk of injury and
disease; and
Whereas, The stressful work environment and demanding physical
qualifications often require emergency medical services personnel
to retire before reaching the usual retirement age of most public
employees; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to appoint an interim committee to study establishing a
separate retirement system for emergency medical services personnel
suited to the unique characteristics of their employment; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Evan H. Jenkins,
Chair.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Concurrent Resolution No. 74 (originating in the
Committee on Pensions)--Requesting the Joint Committee on
Government and Finance study the potential cost and benefit to the
state of exempting additional federal retirement benefits from
federal adjusted gross income for state income tax purposes.
Whereas, West Virginia's many positive features, such as scenic beauty, low crime rate, low housing costs, moderate climate
and welcoming communities, make it an attractive residence option
for retired persons; and
Whereas, Many federal employees reside in West Virginia
because of the state's proximity to the Washington, D. C., area and
other nearby areas with concentrated opportunities for federal
employment; and
Whereas, Exempting additional federal retirement benefits from
West Virginia income tax may attract and retain more retired
persons to become citizens of the state; and
Whereas, The growing population of retired citizens, including
federal retirees, contributes to the economic vitality, cultural
diversity and social progress of the communities; and
Whereas, Some studies suggest that any loss of revenue
resulting from exempting additional federal retirement benefits
from state income tax may be offset by other economic contributions
generated by attracting and retaining federal retirees in West
Virginia; and
Whereas, Exempting additional federal retirement benefits from
state income tax would require review to ensure that all taxpayers
are treated fairly and equitably and in a manner consistent with
the state's constitution; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the potential cost and benefit to the state of
exempting additional federal retirement benefits from federal
adjusted gross income for state income tax purposes; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Evan H. Jenkins,
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. 75 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance study requiring the arresting agency to pay certain costs of incarceration at regional jails.
Whereas, Municipalities, towns and villages within a county
may have arrest powers and may arrest individuals who are
subsequently placed in regional jails; and
Whereas, The cost per day for certain incarcerated inmates at
regional jail facilities within the state is required to be paid by
a county even when the county may not be the agency who arrested
the individual subsequently placed in a regional jail; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study requiring the arresting agency to pay certain
costs of incarceration at regional jails; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
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. 76 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance study the awarding of state
contracts, loans, grants and industrial revenue bonds to companies
outsourcing certain jobs.
Whereas, In recent years, a number of companies have replaced
highly skilled workers from this state with lower-paid, foreign
laborers, a practice known as outsourcing; and
Whereas, In many cases, the impetus for the outsourcing is
pressure from domestic and foreign capital venture companies that
see foreign labor as a way of increasing their already significant
profits; and
Whereas, The preservation of jobs in this state is of critical
importance to the economic vitality of the state and the local
communities within the state; and
Whereas, The economic dislocation caused by outsourcing jobs
threatens the health, safety and welfare of the people of this state; and
Whereas, A company that engages in outsourcing should not
enjoy the benefits of a lucrative state or local procurement
contract and should be prohibited from receiving any economic
development assistance or subsidies from state or local government;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the awarding of state contracts, loans, grants
and industrial revenue bonds to companies outsourcing certain jobs;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
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. 77 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance study the West Virginia
Affordable Housing Trust Fund.
Whereas, The Affordable Housing Trust Fund was created by the
Legislature in 2001 to help meet housing needs in West Virginia;
and
Whereas, The Affordable Housing Trust Fund has not been able
to meet its purpose due to the board's composition and lack of
permanent funding; and
Whereas, The Affordable Housing Trust Fund is a valuable tool
and needs to be reviewed to determine the best way to meet housing
needs in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the West Virginia Affordable Housing Trust Fund;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance consult with representatives for the Affordable Housing Trust Fund and determine the needs of assistance to not-for-profit
and public housing providers, how those needs can be met and a
permanent funding solution; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 78 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study the State Wage Payment and Collection
Act.
Whereas, Inconsistent terminology, confusing provisions and
case law have all impacted the Act since its initial passage by the
Legislature in 1891; and
Whereas, The Wage Payment and Collection Act is in dire need
of review to eliminate antiquated terms, confusing procedures and
lack of consistent duties and responsibilities for employers and
employees; and
Whereas, The Wage Payment and Collection Act has not undergone
a thorough review and updating in a number of years; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the State Wage Payment and Collection Act; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance's study of the Wage Payment and Collection Act include the
development of consistent terminology and clear, concise and
uniform procedure; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3096, Authorizing
cooperation of campus police and rangers employed by the
Hatfield-McCoy regional recreation authority with other
law-enforcement agencies.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4031, Increasing the
salaries of supreme court of justices, circuit court judges and
family court judges.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4031) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4040, Relating to criteria for making
decisions affecting the filling of vacancies if one or more
permanently employed instructional personnel apply for a classroom
teaching position.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4108, Authorizing sun screening devices
that exceed statutory limits to be used in law-enforcement K-9 and
other emergency vehicles that haul animals.
Eng. House Bill No. 4144, Excepting secretaries of real estate
brokers who set appointments with sellers and buyers from the scope
of practice.
And,
Eng. Com. Sub. for House Bill No. 4273, Changing the authority
to appoint guardians of minors from the county commission to the
family court.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. H. B. No. 4108, Eng. H. B. No. 4144 and Eng. Com. Sub. for H. B. No. 4273) contained in the preceding
report from the Committee on the Judiciary were each taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. House Bill No. 4280, Making available to retired
participants in PEIA the optional dental, vision, and audiology and
hearing-aid services insurance plans that are available to current
participants.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Banking and Insurance pending.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. House Bill No. 4371, Extending the pilot program for the
uninsured and underinsured.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Banking and Insurance pending.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Boley presented a petition from Pamela McClain and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Prezioso presented a petition from Lindamarie Crawford
and numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Jenkins presented a petition from Cindy Scarberry and
numerous Cabell County teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Caldwell presented a petition from Clifford P.
Burdette and numerous Greenbrier County teachers, supporting the
merger of the Teachers Defined Benefit Retirement Plan with the
Teachers Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Unger presented a petition from Patrice Mercer and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Hunter presented a petition from Dave Felton and
numerous West Virginia teachers, supporting the merger of the
Teachers Defined Benefit Retirement Plan with the Teachers Defined
Contribution Retirement Plan.
Referred to the Committee on Pensions.
Senator Facemyer presented a petition from Barbara Mallett
Woodrum and numerous West Virginia teachers, supporting the merger of the Teachers Defined Benefit Retirement Plan with the Teachers
Defined Contribution Retirement Plan.
Referred to the Committee on Pensions.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 70, Requesting Joint
Committee on Government and Finance study financial operations of
senior centers.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 71, Requesting Joint
Committee on Government and Finance study increase in juvenile
crime.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 135, Exempting certain purchases of
back-to-school clothing and school supplies from consumers sales
tax.
On third reading, coming up in regular order, was reported by
the Clerk.
Senator Sprouse requested unanimous consent to offer a
resolution from the floor.
Which consent was not granted, Senator Chafin objecting.
Senator Sprouse then moved that he be permitted to offer a resolution from the floor.
The question being on the adoption of Senator Sprouse's
aforestated motion, and on this question, Senator Sprouse demanded
the yeas and nays.
Following extended discussion,
Senator Sharpe moved the previous question, which motion
prevailed.
The previous question having been ordered, that being on the
adoption of Senator Sprouse's aforestated motion.
The roll being taken, the yeas were: Boley, Deem, Facemyer,
Guills, Harrison, McKenzie, Minear, Rowe, Smith, Sprouse and
Weeks--11.
The nays were: Bowman, Caldwell, Chafin, Dempsey, Edgell,
Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard,
Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Unger and
Tomblin (Mr. President)--21.
Absent: Bailey and White--2.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Sprouse's
aforestated motion had not prevailed.
Thereafter, on motion of Senator Chafin, Engrossed Senate Bill
No. 135 was recommitted to the Committee on Finance.
Eng. Com. Sub. for Senate Bill No. 723, Creating Animal Health
Safety Control Act.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Eng. House Bill No. 4107, Allowing licensees of charitable
bingo and raffle games to transfer game proceeds between their
bingo and raffle operations.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger and
Tomblin (Mr. President)--27.
The nays were: Boley, Guills, Harrison, Smith and Weeks--5.
Absent: Bailey and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4107) passed.
On motion of Senator Helmick, 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. House Bill No. 4107--A Bill
to amend and reenact §47-20-1
1, §47-20-12a and §47-20-16 of the code of West Virginia,
1931, as amended; and to amend and reenact §47-21-12 and §47-21-16
of said code, all relating to charitable bingo and charitable
raffles; allowing certain employees to operate bingo and raffle
games; and allowing game proceeds to be transferred, by check,
between raffle and bingo accounts to offset losses.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bowman, Caldwell, Chafin,
Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger and Tomblin
(Mr. President)--27.
The nays were: Boley, Guills, Harrison, Smith and Weeks--5.
Absent: Bailey and White--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4107) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4560, Requiring that firefighters and
security guards employed by the adjutant general of the national
guard be members of the national guard.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and White--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4560) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the ninth order of business.
Senate Bill No. 733, Relating to cable television and public
service commission.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Government Organization.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Love, Plymale, Hunter and
Sharpe.
Thereafter, at the request of Senator Kessler, and by unanimous consent, the remarks by Senator Love were ordered printed
in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Harrison, the name of Senator
Harrison was removed as a sponsor of Engrossed Senate Bill No. 724
(Transferring authority to propose rules relating to water quality
standards to department of environmental protection).
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Bailey and White.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 5, 2004, at 11 a.m.
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