WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
FIFTY-EIGHTH DAY
____________
Charleston, W. Va., Thursday, March 11, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Rick Perrine, Ripley
Baptist Temple, Ripley, West Virginia.
Pending the reading of the Journal of Wednesday, March 10,
2004,
On motion of Senator Sharpe, 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) presented the following
communication, comprising the annual report of the West Virginia
Commission on Uniform State Laws, which was received:
WEST VIRGINIA COMMISSION ON
UNIFORM STATE LAWS
REPORT TO THE WEST VIRGINIA LEGISLATURE
REGULAR SESSION, 2004
I. PREAMBLE
The West Virginia Commissioners on Uniform State Laws submit
this annual report to the West Virginia Legislature in accordance
with the provisions of West Virginia Code §29-1A-4. Since the
establishment of the West Virginia Commission on Uniform State
Laws, its members have regularly and actively participated in the
National Conference of Commissioners on Uniform State Laws. From
the model Acts promulgated by the Conference, the West Virginia
Commissioners have selected those which they think would be most
immediately beneficial to the State of West Virginia and have
worked with the state Legislature for their passage.
II. HISTORY OF NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM
STATE LAWS
In 1889, the New York Bar Association appointed a special
committee on uniformity of laws. In the next year, the New York
Legislature authorized the appointment of Commissioners "to examine
certain subjects of national importance that seemed to show
conflict among the laws of the several commonwealths, to ascertain
the best means to effect an assimilation or uniformity in the laws
of the states, and especially whether it would be advisable for the
State of New York to invite the other states of the Union to send
representatives to a convention to draft uniform laws to be
submitted for approval and adoption by the several states." In
that same year, the American Bar Association adopted a resolution recommending that each state provide for Commissioners to confer
with the Commissioners of other states on the subject of uniformity
of legislation on certain subjects. In August of 1892, the first
National Conference of Commissioners on Uniform State Laws (ULC)
convened in Saratoga, New York, three days preceding the annual
meeting of the American Bar Association.
By 1912, every state was participating in the ULC. In each
year of service, the ULC has steadily increased its contribution to
state law. The ULC has attracted some of the best of the
profession. In 1912, Woodrow Wilson became a member. This, of
course, was before his more notable political prominence and
service as President of the United States. Several persons, later
to become Justices of the Supreme Court of the United States, have
been members. These individuals are former Justices Brandeis and
Rutledge and current Chief Justice Rehnquist. Legal scholars have
served in large numbers. Examples are Professors Wigmore,
Williston, Pound and Bogart. This distinguished body has
guaranteed that the projects of the ULC are of the highest quality
and are enormously influential upon the process of the law.
As it has developed in its 112 years, the ULC is a
confederation of state interests. It arose out of the concerns of
state government for the improvement of the law and for better
interstate relationships. Its sole purpose has been, and remains,
service to state government and improvement of state law.
III. THE OPERATION OF THE ULC
The National Conference is convened as a body once a year. It
meets for a period of eight days, usually in late July or early
August. In the interim period between the annual meetings,
drafting committees composed of Commissioners meet to supply the
working drafts which are considered at the annual meeting. The
various drafts are accessible on the Internet. The address is
www.nccusl.org. At each annual meeting, the latest drafts of the
drafting committees are read and debated. Normally, each Act is
considered over a minimum period of two years. No Act becomes
officially recognized as a Uniform Act until the National
Conference is satisfied that it is ready for consideration in the
state legislatures. It is then put to a vote of the state
delegations, during which each state caucuses and votes as a unit.
The governing body is the ULC Executive Committee and is
composed of the officers, certain ex officio members and members
appointed by the President of the ULC. Certain activities are
conducted by standing committees. For example, the Committee on
Scope and Program considers all new subject areas for possible
Uniform Acts. The Legislative Committee superintends the
relationships of the ULC to the state legislatures.
A small staff located in Chicago operates the national office
of the ULC. The national office handles meeting arrangements,
publications, legislative liaison and general administration for the ULC. The total staff numbers only nine people.
The ULC maintains relations with several sister organizations.
Official liaison is maintained with the American Bar Association,
which contributes an amount each year to the operation of the ULC.
Liaison is also maintained with the American Law Institute, the
Council of State Governments and the National Conference of State
Legislatures on an ongoing basis. The Uniform Commercial Code is a
continuing joint project of the ULC and the American Law Institute.
Liaison and activities may be conducted with other associations as
interests and activities necessitate.
IV. SCHEDULED DRAFTING COMMITTEE MEETINGS
Subsequent to the Commission's Report to the Legislature last
year and prior to the date of this report, 22 Committee meetings
were held in six different cities.
February 28-March 2, 2003 Washington, DC UECA
March 21-23, 2003 San Antonio, TX ENTITY, MEDIATION,
WAGE WITHHOLDING
April 25-27, 2003 Chicago, IL JEB/UFL, JEB/UUOA,
JEB/URPA, POA
April 25-27, 2003 Chicago, IL LIAISON w/NAT, UMIFA
May 1-4, 2003 Atlanta, GA ELECTRONIC, STYLE,
LLC, MORTGAGE
SATISFACTION
May 9-11, 2003 Chicago, IL UECA
May 9-11, 2003 Chicago, IL COT, PUBLIC RELATIONS
June 6-8, 2003 Chicago, IL UeNTA
September 5-7, 2003 Chicago, IL STYLE, JEB/URPA, UCC
September 19-21, 2003 Chicago, IL WAGE WITHHOLDING,
CERTIFICATE OF TITLE
October 3-5, 2003 Chicago, IL LIAISON W/NAT
November 7-9, 2003 Chicago, IL MORTGAGE
SATISFACTION, LIMITED
LIABILITY, JEB/UTEA
November 14-16, 2003 Chicago, IL CONSUMER DEBT, UMIFA,
ELECTRONIC
RECORDATION,
LEGISLATIVE, JEB/UUOA
November 22-23, 2003 Chicago, IL PUBLIC RELATIONS
December 12-14, 2003 Chicago, IL AGRICULTURAL-RELATED
COOP., DURABLE POWER,
MORTGAGEE ACCESS TO
RENTS
January 9-12, 2004 Wilmington, DE MIDYEAR
January 23-25, 2004 Washington, DC UCOTA, MORTGAGE
SATISFACTION
February 13-15, 2004 Chicago, IL UeNTA, WAGE
HARMONIZATION,
DURABLE POWER
February 20-22, 2004 Chicago, IL UMIFA, AGRICULTURAL
COOP.
February 27-28, 2004 Phoenix, AZ JEB/UTEA
February 27-29, 2004 Phoenix, AZ LIAISON W/NAT
Each meeting of the various drafting committees is open to the
public and is routinely attended by official advisors and observers
from various constituencies across the country. The future
meetings of the Committees (including Joint Editorial Boards)
scheduled as of this date are as follows:
March 12-14, 2004 Washington, DC UeNTA, CONSUMER DEBT,
ELECTRONIC, MONEY
SERVICES
April 16-18, 2004 Chicago, IL LIMITED LIABILITY,
ACCESS TO RENTS,
CHILD ABDUCTION
April 23-25, 2004 Chicago, IL STATE ADMIN. PROC.,
FOREIGN JUDGMENT,
CHILD REPRESENTATION
April 30-May 2, 2004 Chicago, IL STYLE, BUSINESS TRUST
May 1, 2004 Chicago, IL JEB/UUOA
V. ACTIVITIES OF THE WEST VIRGINIA COMMISSION ON UNIFORM STATE
LAWS
A. Committee Assignments:
The West Virginia Commissioners are Richard E. Ford of Lewisburg; Judge Frederick P. Stamp, Jr., of Wheeling; and Vincent
P. Cardi of Morgantown who succeeded John L. McClaugherty of
Charleston. The Commissioners from West Virginia serve on several
committees of the Conference. Richard E. Ford serves on the
Committee on Review of Conferences Act, the Study Committee on
Misuses of Genetic Information Act, the Study Committee on
Electronic Payment Systems and the Committee on Membership and
Attendance. Judge Stamp is the Chairperson of the Study Committee
on Conflicts of Laws-Limitations Act and serves on the Standby
Committee on Uniform Athlete Agents Act. Vincent P. Cardi is the
Legislative Liaison Member.
B. ULC Offices Held by Commissioners from West Virginia:
Judge Stamp is a trustee of the Uniform Law Foundation.
Richard E. Ford is a member of the Legislative Council and is
Regional Chairman for West Virginia, Virginia, the District of
Columbia, Maryland and North Carolina. He has also served for two
years on the Executive Committee and has served for two years as
Secretary of the National Conference of Commissioners on Uniform
State Laws.
Former Commissioner John L. McClaugherty served two years as
Chairman of the Executive Committee and served two years as
President of the National Conference of Commissioners on Uniform
State Laws, an honor for lawyers second only to the Presidency of
the American Bar Association.
C. 2003 Annual Meeting:
All three Commissioners from West Virginia attended the last
ULC annual meeting in Washington, D. C.
VI. ULC 2003 ANNUAL MEETING HELD FROM AUGUST 1 THROUGH AUGUST 7,
2003
At the Annual Conference, eight Acts or sets of Amendments
were approved for enactment by the states. These Acts and
Amendments are summarized as follows:
A. 2003 Amendments to Article 2, Uniform Commercial Code
Article 2 of the Uniform Commercial Code governs sales of
goods. It was promulgated as part of the Uniform Commercial Code in
1951. It has ancestry in the Uniform Sales Act, originally
promulgated in 1906. The Amendments incorporate electronic
transactions so that sale contracts can be formed and enforced
though in electronic media. Other areas of Article 2 are clarified
in light of the experience with this Article since 1951, the year
it replaced the Uniform Sales Act and the year the Uniform
Commercial Code was launched.
B. 2003 Amendments to Article 2A, Uniform Commercial Code
Article 2A governs leases of goods in a parallel fashion to
the governance of sales of goods in Article 2. Article 2A was
added to the Uniform Commercial Code in 1987 and was the first new
Article in the Uniform Commercial Code since its original
promulgation in 1951. Article 2A was amended in 1990. The primary purpose of the 2003 Amendments is to incorporate electronic
transactions so that lease contracts can be formed and enforced
though in electronic media. There are other clarifications based
on the experience with Article 2A since 1987.
C. Revised Article 7, Uniform Commercial Code
Article 7 governs the transfer of bills of lading and
warehouse receipts as documents of title. Generally, transfer of
a document of title from one person to another transfers the rights
in the goods represented by the document of title. Article 7
provides for negotiable documents of title, which transfer
interests in goods represented in such documents free of any claims
or defenses of the issuer or other transferor of the document. The
revisions establish the rules for electronic documents of title.
It authorizes them, incorporates electronic records and signatures
for statute of fraud purposes, provides an analogous system for
transfer of electronic documents to the system of negotiable paper
documents of title, provides for conversion of electronic documents
of title into tangible documents of title and vice versa and
prepares for the expected reliance upon electronic documents of
title into the future. A key concept to transfer of electronic
documents of title is that of "control". Control occurs when it is
possible to identify every transfer of an authoritative copy of an
electronic document with absolute certainty and when transfer can
only occur when the party in control authorizes transfer.
D. Uniform Environmental Covenants Act
This new Uniform Act in 2003 creates an interest in real
estate called an "environmental covenant" that assures a plan of
rehabilitation for contaminated real property (brownfields) and
control of use that may be separately conveyed to and enforced by
a relevant third person called a "holder". An underlying plan
between state or federal government and landowner for "remediation"
of the property must be in place for an environmental covenant to
be created and conveyed. The ultimate objective of this act is to
allow contaminated property to be returned to those uses consistent
with prescribed clean-up, essentially making them marketable. The
Act provides for the creation of such a covenant, its termination
when appropriate, priority over other real estate interests and
enforcement over the time the covenant is in place. An
environmental covenant is perpetual unless a specific term is
prescribed in the instrument creating it. The interest will be
recorded in the real estate records.
E. 2003 Revision of the Uniform Estate Tax Apportionment Act
This is a revision of earlier Acts, and part of the Uniform
Probate Code, that provides for apportioning the burden of federal
or state estate taxes between the respective interests of heirs or
legatees of an estate, or beneficiaries of a revocable trust, when
the fiduciary for an estate or trust is required to pay such taxes.
Generally, the tax burden is allocated to the interests of estate or trust beneficiaries in proportion to their interests in the
whole of the taxable estate. There are special rules for specific
sorts of interests such as qualified terminable interest property
trusts (a kind of marital trust) and when certain kinds of property
are insulated from inclusion in the apportionable estate, though
they are taxable property. This update takes into account all
changes in tax rules arising since the last time this Act was
amended.
F. 2003 Amendments to Uniform Mediation Act: UNCITRAL Model Act on
Commercial Conciliation
The 2003 Amendment to the Uniform Mediation Act provides for
adoption of the UNCITRAL Model Act on Commercial Conciliation by
incorporating it by reference in the Uniform Mediation Act. The
Model Law was adopted by UNCITRAL in 2002, and provides for the
appointment of conciliators (mediators) and the conduct of a
conciliation between international commercial disputants.
Conciliation and mediation are virtually synonymous for the
purposes of these Acts.
G. 2003 Amendments to the Uniform Trust Code
The 2003 Amendments to the Uniform Trust Code (2000) follow a
set of Amendments approved in 2001. The changes consist of several
clarifications and technical corrections, mostly nonsubstantive.
An Amendment to Section 105(b)(8) clarifies the mandatory rule
requiring qualified beneficiaries over the age of 25 to be notified of the existence of an irrevocable trust, the identity of the
trustee and of their right to request a trustee's report. An
Amendment to Section 411 adds the words "modification or" to
correct an inadvertent technical glitch. The section relates to
the modification or termination of a noncharitable irrevocable
trust by consent. Amendments to Sections 602 and 603 deal with
revocable trusts and who controls the rights of the beneficiaries
while the trust is revocable. The objective is to make sure that,
in cases of a trust with a joint interest, a settlor is notified if
another settlor amends or revokes the trust. Since Section 603 is
much broader in scope, the language has been stricken from it and
added more precisely into Section 602. Another Amendment to
Section 802 deals with the trustee's duty of loyalty. The Amendment
to Section 802(f) clarifies the Uniform Trust Code provision on
proprietary mutual funds. The Amendment provides that Section
802(f) applies to institutional trustees in many other contexts
other than proprietary mutual funds. The last Amendment changes an
"or" to an "and" in Section 815, relating to general powers of a
trustee. While a technical typographical glitch, its impact is
substantive. This Amendment clarifies the intent of the drafters
that, to the extent the terms of the trust are silent, the trustee
powers will be supplemented by those in the Uniform Trust Code.
H. 2003 Amendment to the Uniform Apportionment of Tort
Responsibility Act
This Act, which was promulgated originally in 2002 and which
replaces the Uniform Compartive Fault Act of 1979, received some
limited Amendments in 2003. Language relating to "strict
liability" in Section 3 has been deleted, since the defense of
contributory fault has not ordinarily been available in strict
liability cases. The act applies in negligence and any other case
in which a defense of contributory fault may have been a defense.
Other Amendments clarify the reallocation provisions, primarily
providing for a more precise statement relating to any security
position or subrogation rights considered in reallocating damages.
A precise time of 90 days has been provided for filing for
reallocation in the event a share of a party is uncollectible.
VII. RECOMMENDATIONS BY THE WEST VIRGINIA COMMISSION ON UNIFORM
STATE LAWS
The West Virginia Commission on Uniform State Laws has
recommended that the following Uniform Acts be considered during
the 2004 legislative session:
1. Uniform Interstate Enforcement of Domestic Violence Protection
Orders Act
Protection orders are meant to prevent domestic violence by
putting an enforceable shield around its potential victims against
those who would harm them. The order, which generally prohibits
the victimizer's personal contact and proximity to potential
victims, gives law enforcement and the courts a means of either warning off victimizers by weight of the law or by getting them
into custody before actual harm occurs. A "tribunal" with
jurisdiction has the power to enforce an out-of-state protection
order without any other prior perfecting or validating procedure,
but often it is difficult to convince a court that there is such an
order in another state, or that the court does have the power to
enforce it.
The Uniform Act provides for registration -- a fairly simple
procedure that requires a certified order and an affidavit from the
protected individual that the order is current. The protected
individual may receive a certified copy of the order which then may
be presented for enforcement either in a tribunal or by a law-
enforcement officer. The Uniform Act has an immunity provision
that provides a liability shield for any agency, law-enforcement
officer, prosecuting attorney, clerk of court or other official who
enforces an order under the Act in good faith.
2. Revised Article 1 of the Uniform Commercial Code
Article 1 of the Uniform Commercial Code (UCC) provides
definitions and general provisions which, in the absence of
conflicting provisions, apply as default rules covering
transactions and matters otherwise covered under a different
article of the UCC. As other parts of the UCC have been revised
and amended to accommodate changing business practices and
development in the law, these modifications need to be reflected in an updated Article 1. Thus, Article 1 contains many changes of a
technical, nonsubstantive nature, such as reordering and
renumbering sections, and adding gender-neutral terminology. In
addition, over the years it has been in place, certain provisions
of Article 1 have been identified as confusing or imprecise.
Several changes reflect an effort to add greater clarity in light
of this experience. Finally, developments in the law have led to
the conclusion that certain changes of a substantive nature needed
to be made.
3. Uniform Trust Code
The Uniform Trust Code, which was approved by the National
Conference of Commissioners on Uniform State Laws in 2000, is a
comprehensive and modern codification of the law of trusts. The
primary stimulus for developing this uniform law was the greater
use of trusts in recent years, both in family estate planning and
in commercial transactions, both in the United States and
internationally. This greater use of the trust, and consequent rise
in the number of day-to-day questions involving trusts, has led to
a recognition that the trust law in many states is thin. It has
also led to a recognition that the existing Uniform Acts relating
to trusts, while numerous, are incomplete. The primary source of
trust law in most states is, thus, the Restatement (Second) of
Trusts and the multivolume treatises by Scott and Bogert, sources
that fail to address numerous practical issues and which on others provide insufficient guidance. While there are numerous Uniform
Acts related to trusts, none is comprehensive. The Uniform Trust
Code will provide states with precise guidance on trust law
questions and in an easily findable place.
VIII. DISTRIBUTION OF REPORT
As recommended in the Performance Review Report pertaining to
the Commission on Uniform State Laws, a copy of this report to the
Legislature is being forwarded to the West Virginia State Bar, the
West Virginia Bar Association, the Mountain State Bar Association,
the West Virginia Trial Lawyers Association and the Defense Trial
Counsel of West Virginia.
Respectfully submitted this 3rd day of March, 2004.
Richard E. Ford,
Chair,
Frederick P. Stamp, Jr.,
Secretary,
Vincent P. Cardi,
Legislative Liaison.
The Senate proceeded to the third order of business.
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. Senate Bill No. 100, Prohibiting state and political subdivisions from contracting with vendors owing debt.
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, section ten-a, line six, after the word
"assessment," by inserting the word "defaulted.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 100, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 100) 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 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. 181, Permitting retired
state police to carry concealed weapon for life.
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 following:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-25. Rules generally; carrying of weapons upon retirement or
medical discharge.
Subject to the written approval of the governor and the
provisions of this article, the superintendent may make and
promulgate proper rules and regulations for the government,
discipline and control of the division of public safety West
Virginia state police and shall also cause to be established proper
rules and regulations for the examinations of all applicants for
appointment thereto. The members of the division of public safety
West Virginia state police shall be permitted to carry arms and
weapons and no license shall may be required for such the privilege.
Upon retirement or medical discharge from the division of
public safety West Virginia state police and with the written
consent of the superintendent, any retired or medically discharged
member may carry a handgun for a period of five years the life of
the member following retirement or medical discharge
notwithstanding the provisions of article seven, chapter sixty-one
of this code: Provided, That the superintendent's written letter of
consent to carry a handgun may not last for more than five years at
a time, and a retired or medically discharged member who wishes to
continue to carry a handgun beyond five years of the date of his or
her initial retirement or medical discharge must request and obtain
a renewal of the superintendent's written permission to carry a
handgun at least once every five years. A retired or medically
discharged member desiring to carry a handgun after retirement or
medical discharge must provide his or her own handgun. If, upon
retirement or medical discharge, a member elects to carry a handgun
as provided herein, the division of public safety shall maintain
and pay for the bond required under the provisions of section five
of this article for five years following such member's retirement
or medical discharge. Upon request, each member shall be presented
with a letter of authorization signed by the superintendent
authorizing the retired or medically discharged member to carry a
handgun. and the The written authorization shall be carried by the retired or medically discharged member at all times that he or she
has a handgun on his or her person. The superintendent may not
issue a letter of authorization to any retired or medically
discharged member who is no longer employed by the state police due
to a mental disability or who the superintendent has reason to
believe is mentally incapacitated to the extent it would present a
threat of physical harm to one or more persons for the member to
carry a concealed weapon. The superintendent may revoke the
authority at any time without cause and without recourse.
Conviction of the retired or medically discharged member for the
commission of any felony or for a misdemeanor involving the
improper or illegal use of a firearm shall cause this authority to
terminate immediately without a hearing or other recourse and
without any action on the part of the superintendent. The
superintendent shall promulgate a legislative rule in accordance
with the provisions of chapter twenty-nine-a of this code, which
rule shall prescribe requirements necessary for the issuance and
continuance of the authority herein granted. The authority granted
herein shall be for a period of five years immediately following
retirement or medical discharge and shall not be renewed or
extended for a longer term.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 181, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 181) 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 concurrence by that body in the passage of
Eng. Senate Bill No. 469, Continuing interstate commission on
uniform state laws.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 470, Continuing real estate appraiser
licensing and certification board.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 506, Permitting use of "bank" in name of
licensed insurance company.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to the House
of Delegates amendments to, and the passage as amended, of
Eng. Senate Bill No. 563, Relating to public employees
retirement act.
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. Senate Bill No. 576, Continuing state rail authority
.
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, section twenty-four, line four, by striking out
the word "six" and inserting in lieu thereof the word "ten".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 576, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 576) 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 concurrence by that body in the adoption of
Senate Concurrent Resolution No. 48, Requesting Joint
Committee on Government and Finance study training and educational
needs related to Alzheimer's disease and related dementias.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 57, Requesting Joint
Committee on Government and Finance study need for adult day care,
congregate respite and in-home services for persons with
Alzheimer's.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the passage as amended, of
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.
A message from the Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect from passage, and requested the
concurrence of the Senate in the changed effective date, as to
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.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
On further motion of Senator Chafin, the Senate concurred in
the changed effective date of the bill, that being to take effect
from passage, instead of ninety days from passage.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. No. 4040) takes effect from passage.
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
that that body had agreed to the appointment of a committee of
conference of three from each house on the disagreeing votes of the
two houses, as to
Eng. House Bill No. 4107, Allowing licensees of charitable
bingo and raffle games to transfer game proceeds between their
bingo and raffle operations.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Kominar, Stemple and Schadler.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4168, Requiring lenders to
have the funds for mortgage loans available at the appropriate
time.
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. 4282--A Bill to amend and
reenact §20-2-5 of the code of West Virginia, 1931, as amended; and
to amend said code by adding thereto a new section, designated §20-
2-46n, all relating to authorizing crossbow hunting for disabled
persons.
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 concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4373, Making it a crime to
alter a traffic-control device with an infrared or electronic
device.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 4491, Relating to mine
inspectors and instructors employed by the office of miners'
health, safety and training.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the passage as amended with its Senate amended title, to take effect
from passage, of
Eng. House Bill No. 4554, Relating to the rights, privileges
and benefits of substitute service personnel employed to fill
vacancies created by leaves of absence.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. House Bill No. 4598, Restricting courts from requiring
conditions on the out of home placement of children inconsistent
with existing licensing regulations.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. House Bill No. 4601, Relating to public education
generally.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Plymale, Edgell and Boley.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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. 4748--A Bill making a supplementary
appropriation in the state excess lottery revenue fund, to the
lottery commission - refundable credit, fund 7207, fiscal year
2004, organization 0705, supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June,
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, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4749--A Bill supplementing, amending and
increasing items of the existing appropriations from the state road
fund to the department of transportation, division of highways,
fund 9017, fiscal year 2004, organization 0803, all supplementing
and amending the appropriations for the fiscal year ending the
thirtieth day of June, 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, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4750--A Bill making a supplementary
appropriation of federal funds out of the treasury from the balance
of moneys remaining unappropriated for the fiscal year ending the
thirtieth day of June, two thousand four, to the department of
education - state department of education, fund 8712, fiscal year
2004, organization 0402, all supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June,
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, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4751--A Bill making a supplementary
appropriation of federal funds out of the treasury from the balance
of federal moneys remaining unappropriated for the fiscal year
ending the thirtieth day of June, two thousand four, to the
department of military affairs and public safety - adjutant general
- state militia, fund 8726, fiscal year 2004, organization 0603,
all supplementing and amending the appropriation for the fiscal
year ending the thirtieth day of June, two thousand four.
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. 53--Requesting the Joint
Committee on Government and Finance to conduct a study on
fraudulent sales of durable medical equipment to West Virginia's
seniors.
Whereas, Durable Medical Equipment (DME) is reusable medical
equipment ordered by a physician, i.e., power wheelchairs, walkers,
hospital beds; and
Whereas, While the majority of DME providers are reputable,
some providers use unethical sales tactics thus committing fraud on
seniors; and
Whereas, These unscrupulous providers use a variety of high-
pressure techniques in obtaining medicare health insurance claim
numbers and purchase agreements; and
Whereas, Currently, power wheelchair providers are examples of
providers who may use tactics and advertising to create a need for
these products--often advertising "free to the patient" or
"medicare may provide for you"; and
Whereas, These providers also prey on seniors by coming into
their homes and making them endure hours of high-pressure sales
techniques often not leaving until a purchase is made; and
Whereas, Seniors who succumb to these techniques purchase
these products without realizing the exact costs and services
provided; and
Whereas, The West Virginia Legislature should look into enacting legislation that would prevent DME providers from
committing consumer fraud and manipulating the market of durable
medical equipment in an effort to protect the seniors 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 make a study on deceptive sales techniques of durable
medical equipment to West Virginia's seniors; 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 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. 74--Requesting the Division of
Highways name the bridge on Route 54, milepost 1.00 in Wyoming
County the "Charles S. 'Charlie Boy' Stump, Jr., Memorial Bridge".
Whereas, Charles S. "Charlie Boy" Stump, Jr., was a lifelong
resident of Wyoming County who was well-known and loved in the
county and the state and who raised four daughters while
contributing his time, efforts and money to many worthwhile work,
church and community projects; and
Whereas, Charles S. Stump, Jr., was a 1961 graduate of Mullens
High School, who was active in academics and sports, playing
football, baseball and basketball and who was voted "most popular"
in his graduating class. Upon graduating from high school, Charles
S. Stump, Jr., attended West Virginia University, where he was a
member of the fraternity Delta Tau Delta and from which he
graduated in 1966 with a degree from the West Virginia School of
Pharmacy; and
Whereas, Charles S. Stump, Jr., was a dedicated health care
professional who began his career by practicing with his father at
Stump Drug Company and who opened his own pharmacy, Charlie's
Pharmacy, in 1983 and a second pharmacy in Pineville in 1994.
Charles S. Stump, Jr., dedicated his life to serving his community
by running a truly hometown pharmacy, providing after-hours service
and personal delivery of medication to patients in need. Charles
S. Stump, Jr., demonstrated his outstanding commitment to both his
community and health care when, in the aftermath of the flood of
2001, he delivered medication door-to-door in Mullens; and
Whereas, Charles S. Stump, Jr., was a devoted Baptist and a member of Highland Avenue Baptist Church in Mullens.
Affectionately known as "Papa Charlie" by his grandchildren,
Charles S. Stump, Jr., was always present at his grandchildren's
games and was always first to call on birthday mornings; and
Whereas, It is fitting that this bridge, as requested by his
family, friends, coworkers and neighbors, be named for this true
West Virginia gentleman, businessman, community leader and health
care professional who touched so many lives and left his mark on
the hearts of all who knew him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on Route 54, milepost 1.00 in Wyoming County the
"Charles S. 'Charlie Boy' Stump, Jr., Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways provide and
erect signs at either end of the bridge displaying the name
"Charles S. 'Charlie Boy' Stump, Jr., Memorial Bridge"; 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
Secretary of the Department of Transportation and to the family of
Charles S. Stump, Jr.
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. 75--Requesting the Governor to
take suitable public notice each year of the month of June as
"Mountain Bike Month".
Whereas, Cycling is a popular and health-benefiting activity
throughout the year for thousands of West Virginia citizens; and
Whereas, Cycling by mountain bike on West Virginia's mountain
trails throughout the warm weather season is not only a healthful
experience but also one of exhilaration from the vast beauty of the
thick foliage and expansive vistas of the mountains and valleys of
this state; and
Whereas, The state itself benefits greatly from the many
visitors who travel and linger here to join in the thrill of
experiencing the wonder and beauty of West Virginia; and
Whereas, It is appropriate that the Governor comment upon the
significance of mountain biking and call upon the citizens of the
state to participate in this singular experience; and
Whereas, It serves the public interest for the Governor to
emphasize the benefits of mountain biking, both from an aspect of
health and from the aspect of being rewarded for living in this
wondrous place; and
Whereas, It is appropriate for the Governor to remind the
citizens of the state of policies with respect to improving and
extending our many biking trails and increase awareness that this
process also serves to influence and enhance the state's attractiveness to the touring public; and
Whereas, It is requested that the Governor will ensure that
sufficient funds are provided in his budget to advertise the month
of June as "Mountain Bike Month" through public service media
announcements and through promotion through the Division of Motor
Vehicles and private not-for-profit organizations and state
supported activities across the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor take suitable public notice of the month of
June as "Mountain Bike Month"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Governor of
the state and to the Capitol Press Corps.
Referred to the Committee on Government Organization.
The Senate proceeded to the sixth order of business.
Senators
Tomblin (Mr. President), Kessler, Minard, Bailey,
Prezioso, Jenkins, Hunter, Chafin, Sharpe, Snyder, Unger, Ross,
Oliverio, Helmick, McCabe, Bowman, Plymale, Fanning, Caldwell, Rowe
and McKenzie
offered the following resolution:
Senate Concurrent Resolution No. 90--
Requesting the Joint
Committee on Government and Finance study the solvency of the West
Virginia unemployment compensation fund.
Whereas, The West Virginia Bureau of Employment Programs was
created to promote the social and economic security of unemployed West Virginians so as to guard against the menace to health, morals
and welfare arising from unemployment; and
Whereas, The Commissioner of the West Virginia Bureau of
Employment Programs is charged with overseeing the fiscal affairs
of the Bureau; and
Whereas, The Commissioner has ascertained that it is necessary
to adjust the current manner of operation within the Bureau of
Employment Programs to meet the expected demand on benefits and to
retain the current solvency of the unemployment trust fund account;
and
Whereas, If the current trend continues as projected, the
benefits paid will continue to increase and the funds available
through contributions to the fund will not be sufficient to address
the demands for benefits upon them and the unemployment trust fund
account will become insolvent; and
Whereas, The West Virginia Bureau of Employment Programs is in
dire need of review of the wage base and the maximum weekly wage in
West Virginia to correlate to continued solvency of the
unemployment trust fund account; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the solvency of the West Virginia unemployment
compensation fund; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Hunter, Caldwell, Minard and Unger offered the
following resolution:
Senate Concurrent Resolution No. 91--
Requesting the Joint
Committee on Government and Finance study
fraudulent credit card
transactions and the impact those fraudulent transactions have on
West Virginia residents, businesses and banking institutions.
Whereas,
Credit card fraud is a growing problem for citizens,
banks and merchants in this state; and
Whereas,
It is essential for a healthy business climate that
perpetrators of credit card fraud be prosecuted and held
accountable in court for their crimes so that businesses will not
be overcharged for card-not-present transactions; and
Whereas, It is necessary to determine the incidence of credit
card fraud in this state and its impact on citizens, banks and
businesses in order to ensure a healthy commercial environment in this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study
fraudulent credit card transactions and the
impact those fraudulent transactions have on West Virginia
residents, businesses and banking institutions
; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Harrison, Rowe, White, Caldwell, Jenkins, Weeks,
Smith, Sprouse, McKenzie, Minear, Facemyer, Boley, Guills, Deem,
Oliverio, Hunter and Unger offered the following resolution:
Senate Concurrent Resolution No. 92--Requesting the Joint
Committee on Government and Finance study ways to reduce and
eliminate the sales tax on food sold for off-premises consumption.
Whereas, West Virginia's sales tax on food sold for off-
premises consumption is the second highest in the United States at 6 percent; and
Whereas, Four of the states that surround West Virginia have
no sales tax on food sold for off-premises consumption and the only
state that borders West Virginia with a sales tax on food sold for
off-premises consumption has a rate of 3 1/2 percent; and
Whereas, This disparity in tax rates places West Virginia
businesses at a competitive disadvantage with those in neighboring
states; and
Whereas, The sales tax on food sold for off-premises
consumption is a regressive tax which is a burden on working
families in West Virginia; and
Whereas, It would benefit West Virginia families and
businesses if the tax on food sold for off-premises consumption was
reduced and eliminated; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study ways to reduce and eliminate the sales tax on
food sold for off-premises consumption; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senator Oliverio offered the following resolution:
Senate Concurrent Resolution No. 93--
Requesting the United
State Congress examine the stringent rules and regulations
regarding America's beef industry.
Whereas, While America has stringent rules and regulations in
place to regulate the beef industry, it has become evident that
there are areas that should be addressed to ensure that the
industry is processing safe supplies for consumers in this country
and around the world; and
Whereas, A test for Bovine Spongiform Encephalopathy (BSE),
also known as Mad Cow disease, would reassure the public and
America's trading partners that the industry is BSE safe; and
Whereas, Presently, crippled animals are removed from
commercial harvest facilities which also removes them from
potential testing of diseases, including BSE; and
Whereas, Other issues involve the age of cattle entering the
harvest facility and the presorting methods used in the industry
which have a direct impact on U. S. producers; and
Whereas, A national identification system, combined with
production records, could assist the industry until a test for BSE is initiated; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States
Congress examine the stringent rules and regulations regarding
America's beef industry; and, be it
Further Resolved, That the United States Congress should seek
to initiate and invest in programs which could lead to a quick
testing of the beef industry for BSE and positive identification of
individual animals for tracing herd of origin; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to West Virginia's
congressional delegation.
Which, under the rules, lies over one day.
Senators Love, Ross, Dempsey, Sharpe, Hunter, Facemyer, Boley,
Weeks, Deem and Rowe offered the following resolution:
Senate Concurrent Resolution No. 94--Urging the Forest Service
Division of the United States Department of Agriculture plan and
develop recreational trails for off-highway vehicles in the
Monongahela National Forest.
Whereas, One of the primary missions of our national forests
is to provide recreational opportunities to our citizens; and
Whereas, Off-highway vehicle trails are among the many
recreational opportunities commonly provided in many national
forests throughout the United States; and
Whereas, The national forests in all the states surrounding
West Virginia have established recreational trails for off-highway
vehicles; and
Whereas, The Monongahela National Forest comprises over
909,000 acres in federal ownership in 10 counties in West Virginia,
making it the fourth largest national forest in the northeast; and
Whereas, West Virginia has among the highest per capita
ownership of off-highway vehicles, primarily all-terrain vehicles,
in the United States and a high demand exists for recreational
opportunities for owners of all-terrain vehicles; and
Whereas, The establishment of properly designed and managed
public trails and recreational opportunities for off-highway
vehicles has proven to enhance the safety of the recreation, while
also enhancing tourism and economic development in local
communities where these recreational opportunities are provided;
and
Whereas, The Forest Service Division of the United States
Department of Agriculture has demonstrated the capability and
resources necessary to properly design and manage off-highway
vehicle recreational opportunities throughout the United States;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the Forest Service Division
of the United States Department of Agriculture plan and develop recreational trails for off-highway vehicles in the Monongahela
National Forest; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the United States Department of Agriculture and the Supervisor of
the Monongahela National Forest.
At the request of Senator Love, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senators
Plymale, Jenkins, Tomblin (Mr. President), Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks and White
offered the
following resolution:
Senate Resolution No. 39--
Memorializing the life of the
Honorable H. Darrel Darby, former podiatric surgeon, businessman,
member of the Senate, dedicated public servant and distinguished
West Virginian.
Whereas, H. Darrel Darby was born January 8, 1928, in Qwinwood, Greenbrier County, the son of Robert B. and Loraine
(Richards) Darby; and
Whereas, H. Darrel Darby received his education in public
schools, Marshall University, Anderson College and Ohio College of
Podiatric Medicine; and
Whereas, He served his nation with pride and distinction in
the United States Coast Guard from 1945 to 1947; and
Whereas, H. Darrel Darby was married to Laura (Boggs) Darby
and was the proud father of six children, Michael Darby of Beckley,
Ann (Darby) Getty of Cumberland, Maryland, Beth (Darby) Upton of
Huntington, Sandra (Darby) Smith of Nicholasville, Kentucky, Darrel
Darby II of Huntington and Linette (Darby) Heydinger of Duluth,
Georgia. He was the proud grandfather of 16 grandchildren and two
great-grandchildren; and
Whereas, H. Darrel Darby was elected to the West Virginia
Senate from the fifth Senatorial District in 1972 and served until
1976; and
Whereas, During his tenure in the Senate, the Honorable H.
Darrel Darby served on numerous committees, including the
committees on Finance, Labor and Confirmations. He served as
Chairman of the Committee on Health from 1973 to 1976 and Chairman
of the Committee on Enrolled Bills in 1976. He also served on the
Senate and House Subcommittee on Health from 1973 to 1976; and
Whereas, Upon leaving the Legislature, the Honorable H. Darrel Darby continued his community service through his active
participation in a number of civic-minded organizations; and
Whereas, The Honorable H. Darrel Darby was also a prominent
businessman and served as Chairman of the Board, Laurel Lodge
Enterprises, Inc.; Chairman of the Board, Darco International,
Inc.; Chairman of the Board, Shanghai Darco Medical Products Ltd.,
Shanghai, China; and Chairman of the Board, Darco Europe, Diessen,
Germany; and
Whereas, The Honorable H. Darrel Darby was recognized for his
outstanding success in business and was named Regional Entrepreneur
of the Year in 1996 by Merrell Lynch. He was awarded the
Distinguished Service Award by the West Virginia Podiatric Medical
Association and was inducted into the Marshall University Business
Hall of Fame. The International Foundation for Foot Surgery,
headquartered in Germany, established the Darrel Darby Annual Award
for Foot Surgery. He was named one of America's Most Influential
Podiatrists by Podiatry Management Magazine in 2001 and was awarded
the Distinguished Service Citation for 2004, the highest award
given by the American Podiatric Medical Association; and
Whereas, Sadly, the long and productive life of the Honorable
H. Darrel Darby came to an end when he passed away on Tuesday,
November 18, 2003. With his passing, he left behind a host of
family and friends who have a wealth of memories to share about his
life, legacy and public service; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable
H. Darrel Darby, former podiatric surgeon, prominent businessman,
member of the West Virginia Senate, dedicated public servant and
distinguished West Virginian; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Laura Darby, Michael Darby, Ann Getty,
Beth Upton, Sandra Smith, Darrel Darby II and Linette Heydinger.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Unger and McKenzie offered the following resolution:
Senate Resolution No. 40--
Recognizing the achievements of the
Governor's Workforce Investment Division by enhancing job
opportunities for our citizens.
Whereas, Over the past several years, significant inroads have
been made which have brought positive change to the workforce
development landscape; and
Whereas, The establishment of the Governor's Workforce
Investment Division within the West Virginia Development Office is the cornerstone of creating a combined effort between the two
entities in order to build a better workforce; and
Whereas, The new WORKFORCE West Virginia Management
Information System is now in operation. West Virginia is the first
state to have not only the Workforce Investment Act but also the
Wagner-Peyser Job Service systems operational in the framework of
a statewide management information system; and
Whereas, The advancement of a modern on-line system for
workforce development has influenced the U. S. Department of Labor
to set aside a $3 million incentive grant to West Virginia in order
to gain greater technology to improve the access and use of the
integrated One-Stop system; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the achievements of the
Governor's Workforce Investment Division by enhancing job
opportunities for our citizens; and, be it
Further Resolved, That the advancement of the modern, on-line
system being used to assist the advancement of West Virginia's
workforce is recognized as a first and can be used as a model for
other states to utilize as they strive to enhance their workforce
development systems; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of West
Virginia's Workforce Development Office.
At the request of Senator Unger, 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 Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 11th day of March, 2004, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 52), Allowing motorcycle registration
plates to be fastened in vertical position.
(S. B. No. 268), Continuing division of motor vehicles.
(S. B. No. 269), Continuing division of purchasing within
department of administration.
(S. B. No. 324), Continuing division of personnel.
And,
(Com. Sub. for S. B. No. 500), Relating to fees for agents
selling hunting and fishing licenses.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Concurrent Resolution No. 95 (originating in the
Committee on Transportation)--Suspending Joint Rule No. 5,
providing for consideration of
Senate Bill No. 737, Authorizing use of flashing white lights
as auxiliary lights on emergency vehicles.
Resolved by the Legislature of West Virginia, two thirds of
all the members present and voting in each house agreeing thereto:
That the provisions of Rule No. 5 of the Joint Rules of the
Senate and House of Delegates are hereby suspended for the express
purpose of consideration of Senate Bill No. 737.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Ross,
Chair.
At the request of Senator Ross, unanimous consent being granted, the resolution was taken up for immediate consideration.
The question being on the adoption of the resolution, the same
was put.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Plymale--1.
So, two thirds of all the members present and voting having
voted in the affirmative, the President declared the resolution (S.
C. R. No. 95) adopted.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
Senate Bill No. 737 (originating in the Committee on
Transportation)--A Bill to amend and reenact §17C-15-26 of the code
of West Virginia, 1931, as amended, relating to authorizing the use
of flashing white lights as auxiliary lights on emergency vehicles.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Mike Ross,
Chair.
At the request of Senator Ross, unanimous consent being
granted, the bill (S. B. No. 737) contained in the preceding report
from the Committee on Transportation was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Plymale--1.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 737 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 737) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Ross, from the Committee on Transportation, submitted
the following report, which was received:
Your Committee on Transportation has had under consideration
House Concurrent Resolution No. 6, Naming the bridge located
at Howell's Mill near Ona, WV, the Rimmer-White Bridge.
House Concurrent Resolution No. 58, Naming the new Watson
Bridge, over the West Fork River on U. S. Route 250 in Fairmont,
Marion County, West Virginia, the "Jim Costello Memorial Bridge".
And,
House Concurrent Resolution No. 60, Designating Route 19/25
near Sutton, Braxton County, as "Tiffany Jackson Drive" in memory
and honor of Tiffany Elaine Jackson.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Mike Ross,
Chair.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
House Concurrent Resolution No. 8, Requesting a study on the
childhood obesity epidemic in West Virginia in regards to chronic
disease, poor nutrition and inadequate exercise.
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
House Concurrent Resolution No. 25, Requesting the three
branches of state government to cooperate and encourage leaders of
the state, county and municipal governments to identify and affirmatively address the racial disparities in various areas of
civil rights.
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
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
House Concurrent Resolution No. 28, Requesting that September
12th of every year be declared as West Virginia Monarch Butterfly
Day.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
House Concurrent Resolution No. 30, Requesting the United States Congress to broaden the eligibility categories of membership
in veterans' organizations.
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
Jon Blair Hunter,
Chair.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 54, Requesting Joint
Committee on Government and Finance study liability of Division of
Forestry and others as to forest fires.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had removed from the
Senate second reading calendar, Engrossed House Bill No. 4351.
Senator Chafin also announced that in the same meeting, the Committee on Rules had returned to the Senate calendar, on
unfinished business, House Concurrent Resolution No. 24; on third
reading, Engrossed Committee Substitute for House Bill No. 4294,
Engrossed House Bill No. 4304, Engrossed House Bill No. 4350,
Engrossed House Bill No. 4415, Engrossed House Bill No. 4479,
Engrossed Committee Substitute for House Bill No. 4517, Engrossed
House Bill No. 4530 and Engrossed Committee Substitute for House
Bill No. 4559; and on second reading, Engrossed Committee
Substitute for House Bill No. 2801, Engrossed House Bill No. 4068,
Engrossed Committee Substitute for House Bill No. 4148 and
Engrossed Committee Substitute for House Bill No. 4566, under rule
number seventeen of the Rules of the Senate.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 87, Requesting Joint
Committee on Government and Finance study establishing one-dollar
contribution toward phone cards for military personnel.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 88, Requesting Joint
Committee on Government and Finance study effects of legislative
acts amending laws governing workers' compensation.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 89, Requesting Joint
Committee on Government and Finance study nonprofit entities that
receive state and federal funds.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
House Concurrent Resolution No. 24, Requesting the prohibition
of remote control locomotive technology in switching operations
until such time as a thorough, risk assessment study of remote
control locomotive operations can be completed.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 2200, Creating the felony
offense of destruction of property.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2200) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2268, Teachers and
substitute teachers as professional educators and addressing the
critical need and shortage thereof.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2268) passed.
The following amendment to the title of the bill, from the
Committee on Education, 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. Com. Sub. for House Bill No. 2268--A Bill
to amend and
reenact §18-7A-38 of the code of West Virginia, 1931, as amended;
to amend and reenact §18A-2-3 of said code; and to amend and
reenact §18C-4-2 of said code, all relating to the maximum number
of days a retired teacher may accept employment; the employment of
retired teachers in areas of critical need and shortage; defining
area of critical need and shortage; adding conditions for expanding
use of retired teachers to provide service as substitute teachers
in areas of critical need and shortage; requiring certain vacancies
to continue to be posted; providing for future expiration of
provisions; providing priority for certain applicants for the
Underwood-Smith scholarships; and technical amendments.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2755, Creating a criminal penalty for persons receiving stolen property that was obtained by
means other than through the commission of a theft.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2755) passed.
On motion of Senator Kessler, 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. Com. Sub. for House Bill No. 2755--A Bill to amend and
reenact §16-1-4 of the code of West Virginia, 1931, as amended,
relating to authorizing the secretary of the department of health
and human resources to promulgate emergency rules to regulate
opioid treatment centers; establishing a moritorium on licensure of new opioid treatment facilities without certificates of need until
emergency rule filed; and establishing time period for compliance.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2914, Relating to the
rehabilitation and liquidation of insurers subject to the
regulatory authority of the West Virginia insurance commissioner.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2914) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2991, Relating to the fee charged by
fiduciary commissioners in settling an estate.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Prior to the call of the roll, Senator Guills moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: None.
Excused from voting: Guills--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2991) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, 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. 2991--A Bill to repeal §44-2-2 of the code
of West Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated §41-5-1a; to amend and reenact §44-1-1, §44-1-6 and §44-1-14a of said code; to amend said code by
adding thereto a new section, designated §44-1-4a; and to amend and
reenact §44-2-1 of said code, all relating to decedents and their
estates generally; creating the "Small Estate Probate Relief Act of
2004"; providing record notice of death; permitting personal
representatives to qualify without appearing personally;
eliminating administration of small uncontested estates of one
hundred thousand dollars or less in assets exclusive of real estate
assets; modifying the time of publication of notice of the filing
of an appraisement; modifying the contents of notice of probate of
estates; allowing estates having a value of one hundred thousand
dollars to be probated without reference to a fiduciary
commissioner; permitting county commissions to promulgate fees for
fiduciary commissioners; and standardizing certain provisions
governing probate which relate to fiduciary supervisors and county
clerks.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4033, Authorizing the
issuance of new parkway revenue bonds.
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: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
The nays were: Boley, Harrison and Smith--3.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4033) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4043, Establishing the
priority for early childhood education in the basic skills of
reading, mathematics and English language arts.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Snyder, Sprouse, Unger, White and Tomblin (Mr. President)--31.
The nays were: Minear, Smith and Weeks--3.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4043) passed.
The following amendment to the title of the bill, from the
Committee on Finance, 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. Com. Sub. for House Bill No. 4043--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto two new
sections, designated §2-1-3 and §18-2E-3f, all relating to
designating English as the official language of the state;
establishing the priority for early childhood education in the
basic skills of reading, mathematics and English language arts;
making certain findings; stating intent and purpose; limiting scope
of statewide assessments in early childhood; and requiring state
board rule.
On motion of Senator Sprouse, the Senate reconsidered the vote
as to the title amendment and passage of
Eng. Com. Sub. for House Bill No. 4043, Establishing the
priority for early childhood education in the basic skills of
reading, mathematics and English language arts.
The vote thereon having been reconsidered,
The question again being on the passage of the bill, the yeas
were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey,
Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Love, McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White
and Tomblin (Mr. President)--31.
The nays were: McCabe, Minear and Rowe--3.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4043) passed.
The following amendment to the title of the bill, from the
Committee on Finance, 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. Com. Sub. for House Bill No. 4043--A Bill to amend the
code of West Virginia, 1931, as amended, by adding thereto two new
sections, designated §2-1-3 and §18-2E-3f, all relating to
designating English as the official language of the state;
establishing the priority for early childhood education in the
basic skills of reading, mathematics and English language arts;
making certain findings; stating intent and purpose; limiting scope
of statewide assessments in early childhood; and requiring state
board rule.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Oliverio, Plymale, Prezioso, Ross, Sharpe, Smith, Snyder,
Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
The nays were: McCabe, Minear and Rowe--3.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4043) takes effect July 1, 2004.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4217, Authorizing the
department of tax and revenue to promulgate legislative rules.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder,
Sprouse, Unger, White and Tomblin (Mr. President)--30.
The nays were: Harrison, Rowe, Smith and Weeks--4.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4217) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Sharpe, Snyder, Sprouse,
Unger, White and Tomblin (Mr. President)--30.
The nays were: Harrison, Rowe, Smith and Weeks--4.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4217) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4250, Providing good faith
protection for licensed psychologists and psychiatrists acting upon
appointment by a court in child custody cases.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4250) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, 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. Com. Sub. for House Bill No. 4250--A Bill to amend the
code of West Virginia, 1931, as amended by adding thereto a new
section, designated §55-7-21, relating to legal actions against
psychologists and psychiatrists appointed by a court to provide
expert testimony for child custody evaluations; providing standard
for good faith; barring of anonymous administrative complaints;
providing method for assigning costs of proceedings; and awarding
of attorneys fees.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4271, Requiring all schools
to permit students to self-administer asthma medication.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4271) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4271) takes effect July 1, 2004.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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.
Having been read a third time on yesterday, Wednesday, March
10, 2004, and now coming up in regular order, was reported by the
Clerk.
The question being "Shall Engrossed House Bill No. 4280 pass?"
Pending discussion,
Senator Hunter moved that the bill be rereferred to the
Committee on Finance.
The question being on the adoption of Senator Hunter's
aforestated motion, the same was put.
The result of the voice vote being inconclusive, Senator
Sharpe demanded a division of the vote.
A standing vote being taken, there were twenty-one "yeas" and
eleven "nays".
Whereupon, the President declared Senator Hunter's aforestated
motion had prevailed.
Thereafter, Engrossed House Bill No. 4280 was rereferred to
the Committee on Finance.
At the request of Senator Plymale, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 4291, Continuing education
requirements for licensed healthcare professionals on the subject
of end-of-life care training.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4291) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4294, Removing the
requirement that funds expended from the worthless check fund to
pay for additional deputy clerks be proportionate to the time
expended on worthless check cases
.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4294) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4297, Clarifying that the
county board of education and its superintendent may designate the
places where competency testing for service personnel will be held.
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: Bailey, 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, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Smith--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4297) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4304, Continuing the children's health
insurance board.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4304) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4338, Providing for the
issuance of special registration plates promoting education and
using the special fee for the registration plates to fund
transportation for school trips for academic purposes.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4338) passed.
The following amendment to the title of the bill, from the
Committee on Transportation, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4338--A Bill to amend and
reenact §17A-3-14 of the code of West Virginia, 1931, as amended,
relating to registration plates; providing registration plates for promoting education; Fairmont state college; West Virginia farmers;
native Americans; member of the 82nd airborne association;
survivors of wounds received in the line of duty as law-enforcement
members; Knights of Pythias or Pythian sisters; whitewater rafting;
setting fees; exemptions from fees; extending the time period for
certain organizations to achieve the minimum number of applicants
for a registration plate; and expanding the number of registration
plates certain persons may obtain.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4350, Continuing the West Virginia state
police.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 4350) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4357, Permitting
municipalities to impose an alternative one percent municipal sales
and service tax in the municipality in lieu of imposing the
business and occupation tax currently permitted by law.
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: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse,
Unger, White and Tomblin (Mr. President)--28.
The nays were: Boley, Guills, Harrison, Oliverio, Smith and
Weeks--6.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4357) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
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
article, designated §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4,
§8-13C-5, §8-13C-5a, §8-13C-6, §8-13C-7, §8-13C-8, §8-13C-9,
§8-13C-10, §8-13C-11, §8-13C-12 and §8-13C-13; to amend and reenact
§11-9-2, §11-9-3, §11-9-4, §11-9-5, §11-9-6, §11-9-8 and §11-9-10
of said code; and to amend and reenact §11-10-3 of said code, all
relating to authorizing a qualifying municipality to impose
municipal occupational tax, an alternative municipal sales and
service tax and use tax and a pension relief municipal sales and
service tax and use tax; establishing responsibilities of tax
commissioner relating to the tax; clarifying application of other
state tax laws; creating qualifying municipal sales and service tax
and use tax fund; providing that tax rate applies to purchases from
printed catalogs; limiting use of certain proceeds of the taxes to
application toward the unfunded liability of certain pensions;
citing instances where qualifying municipalities lose certain
taxing authority; addressing conflicts and unconstitutionality;
requiring a study by the chief technology officer on the cost of
implementing municipal taxes; imposing criminal penalties for
certain violations relating to municipal tax; and applying tax
procedure and administration act to municipal taxes.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: Bailey, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter,
Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Plymale,
Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, White and
Tomblin (Mr. President)--28.
The nays were: Boley, Guills, Harrison, Oliverio, Smith and
Weeks--6.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4357) takes effect July 1, 2004.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4371, Extending the pilot program for the
uninsured and underinsured.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4371) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 4371) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4412, Requiring the
children's health insurance board to submit a modification of its
benefit plan.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4412) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4415, Giving the state auditor flexibility
in determining when to conduct audits on local government offices.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4415) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4433, Creating the crime of
abuse and neglect of an elderly person and the crime of misuse or
misappropriation of the funds or assets of an elderly person.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4433) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, 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. Com. Sub. for House Bill No. 4433--A Bill to amend and
reenact §61-2-29 of the code of West Virginia, 1931, as amended,
relating to abuse or neglect of an incapacitated adult; adding the
crimes of abuse and neglect of an elder person age sixty-five years
or older and the crime of misuse and misappropriation of the funds
or assets of an elder person; and creating the crime of misuse or
misappropriation of the funds or assets of an elder person through
deception, intimidation, coercion, the infliction of bodily injury
or the threat of bodily injury; and penalties.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4450, Permitting the sale of
timber severed in a state park incidental to construction
activities.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4450) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4455, Extending the term of
the waste tire remediation funds.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4455) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4478, Lengthening the time period which
county boards are required to publish a year-end financial statement.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4478) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 4478) takes effect July 1, 2004.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4479, Continuing the department of health
and human resources.
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: Bailey, 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, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--32.
The nays were: Smith and Weeks--2.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4479) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4492, Creating the criminal
offense of soliciting a minor via computer.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4492) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, 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. 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 certain minors or one believed to be a minor
via computer to commit violations of certain criminal laws; and
providing penalties.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4517, Finding and declaring
certain claims against the state and its agencies to be moral
obligations of the state and directing the auditor to issue
warrants for the payment thereof.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4517) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 4517) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4530, Continuing the meat and poultry
inspection program.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4530) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4546, Supplemental appropriation to the
department of health and human resources, family protection
services board, domestic violence legal services fund.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4546) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 4546) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4547, Supplemental appropriation to the
bureau of commerce, division of miners' health, safety and
training.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4547) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 4547) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4548, Supplemental appropriation to the
department of transportation, division of motor vehicles, driver's
license reinstatement fund.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4548) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 4548) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4549, Supplemental appropriation to the
bureau of commerce, division of labor, elevator safety act.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4549) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 4549) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4550, Supplemental appropriation to the department of health and human resources, division of health,
central office.
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: Bailey, 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, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--32.
The nays were: Smith and Weeks--2.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4550) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--32.
The nays were: Smith and Weeks--2.
Absent: None.
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. 4550) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4551, Supplemental appropriation to the
department of health and human resources, division of human
services.
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: Bailey, 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, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--32.
The nays were: Smith and Weeks--2.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4551) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--32.
The nays were: Smith and Weeks--2.
Absent: None.
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. 4551) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4559, Providing urban mass transportation
authorities expanded competitive procurement procedures for the
purchase of supplies, equipment and materials.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4559) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4582, Limiting the division of labor
elevator inspectors to inspection of elevators in state owned
buildings.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4582) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4624, Relating generally to tax increment financing.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Harrison--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4624) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Harrison--1.
Absent: None.
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. 4624) 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. 4658, Relating to defense of self, others
and property and providing limited immunity from civil liability.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4658) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, 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. 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 property; providing
limited immunity from civil liability; and exceptions.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4669, Providing for establishment of
special five-year demonstration professional development school
project.
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: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--33.
The nays were: Boley--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4669) passed.
On motion of Senator Chafin, 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. 4669--A Bill
to amend and reenact §18-2-35
of the code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new section, designated §18-2E-3f, all
relating to providing quality education in public schools;
requiring school uniforms for students; requiring 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.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Caldwell,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith,
Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--33.
The nays were: Boley--1.
Absent: None.
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. 4669) 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. 4737, Providing options for members of
teachers retirement to make contributions for periods of temporary
total disability.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4737) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4745, Relating to administration of
repairs to vehicles and equipment by the division of highways.
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: Bailey, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4745) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Jenkins, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.