Charleston, W. Va., Tuesday, January 25, 2005
The Senate met at 11 a.m.Prayer was offered by the Honorable Shirley Love, a senator
from the eleventh district.Pending the reading of the Journal of Monday, January 24,
2005,On motion of Senator Fanning, the Journal was approved and the
further reading thereof dispensed with.The Senate proceeded to the third order of business.Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
consisting of executive nominations for appointees:January 24, 2005
Senate Executive Message No. 1The Honorable Members of theWest Virginia SenateI respectfully submit the following nominations for your
advice and consent: 1.For Member, Housing Development Fund, Dan Moore,
Charleston, Kanawha County, for the term ending October 30, 2008. 2.For Member, Housing Development Fund, Mark Richard
Nesselrodt, Morgantown, Monongalia County, for the term ending
October 30, 2008. 3.For Member, Marshall University Board of Governors, H. F.
Mooney, Jr., Charleston, Kanawha County, for the term ending June
30, 2007. 4.For Secretary, Department of Administration, Robert
Warren Ferguson, Jr., Charleston, Kanawha County, to serve at the
will and pleasure of the Governor. 5.For Commissioner, Alcohol Beverage Control
Administration, Dallas Scott Staples, Charleston, Kanawha County,
to serve at the will and pleasure of the Governor. 6.For Secretary, Department of Health and Human Resources, The Honorable Martha Yeager Walker, Charleston, Kanawha County, to
serve at the will and pleasure of the Governor. 7.For Commissioner, Division of Highways, Paul Arthur
Mattox, Hurricane, Putnam County, to serve at the will and pleasure
of the Governor. 8.For Secretary, Department of Military Affairs and Public
Safety, James Westbrooke Spears, Elkins, Randolph County, to serve
at the will and pleasure of the Governor. 9.For Commissioner, Division of Natural Resources, Frank
Joseph Jezioro, Flemington, Taylor County, to serve at the will and
pleasure of the Governor.10.For Superintendent, West Virginia State Police, David
Lemmon, Charleston, Kanawha County, to serve at the will and
pleasure of the Governor.11.For Secretary, Department of Education and the Arts, Kay
Huffman Goodwin, Charleston, Kanawha County, to serve at the will
and pleasure of the Governor.12.For Secretary, Department of Environmental Protection,
Stephanie Timmermeyer, Charleston, Kanawha County, to serve at the
will and pleasure of the Governor.13.For Member, Unemployment Compensation Board of Review,
Michael Eugene Jones, Farmington, Marion County, for the term
ending January 1, 2011.Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.Sincerely, Joe Manchin III, Governor.Which communication was received and referred to the Committee
on Confirmations.On motion of Senator Love, consideration of the nominations
immediately hereinbefore reported was made a special order of
business for Wednesday, January 26, 2005, at 11 a.m.The Senate proceeded to the fourth order of business.Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:Your Committee on Finance has had under considerationSenate Bill No. 1001, Authorizing excess amounts received by
inaugural committee be expended for Governor's Mansion.With amendments from the Committee on the Judiciary pending;Now on second reading, having been read a first time and
referred to the Committee on Finance on January 24, 2005;And reports the same back with the recommendation that it do
pass as last amended by the Committee on the Judiciary to which the
bill was first referred.Respectfully submitted, Walt Helmick, Chair.At the request of Senator Chafin, unanimous consent being
granted, the bill (S. B. No. 1001) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration and read a second time.The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:On page three, section two-a, line twenty-one, by striking out
the word "provided" and inserting in lieu thereof the word
"created";And,On page six, section two, by striking out all of subsection
(d), and inserting in lieu thereof a new subsection (d), to read as
follows:(d) There is hereby created in the state treasury a special
revenue fund to be known as the "Governor's Mansion Fund". The
fund shall operate as a special revenue fund whereby all deposits
and payments thereto do not expire to the general revenue fund, but
shall remain in the fund and be available for expenditure in
succeeding fiscal years. This fund shall consist of moneys deposited in the fund pursuant to the provisions of section two-a,
article eight, chapter three of this Code as well as interest
earned on investments made from moneys deposited in the fund.
Moneys from this fund shall be expended by the director for
enhancement of the Governor's Mansion subject to the direction of
the secretary of administration and the discretion of the Governor:
Provided, That any furniture, fixtures and equipment purchased with
moneys from the Governor's Mansion Fund are property of the State
of West Virginia.The bill (S. B. No. 1001), as amended, was then ordered to
engrossment and third 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,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.The nays were: None.Absent: None.Engrossed Senate Bill No. 1001 was then read a third time and put upon its passage.On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder 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. 1001) passed.The following amendment to 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. Senate Bill No. 1001--A Bill to amend and reenact §3-8-2a
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §5A-4-2 of said Code, all relating to authorizing the
excess contribution received by inaugural committees to be used for
the enhancement of the Governor's Mansion; and creating the
Governor's Mansion Fund.Senator Chafin moved that the bill take effect from passage.On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder 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. S.
B. No. 1001) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.The Senate proceeded to the ninth order of business.Senate Joint Resolution No. 101, Proposing amendment to
Constitution designated Pension Bond Amendment.On second reading, coming up in regular order, was read a
second time.On motion of Senator Sprouse, the resolution was advanced to
third reading with the right for amendments to be considered on
that reading.Pending announcement of a meeting of a standing committee of
the Senate,On motion of Senator Chafin, the Senate recessed until 3 p.m.
today.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 Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:Your Committee on the Judiciary has had under considerationSenate Bill No. 1003, Relating generally to ethical standards
of governmental officials and employees. And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 1003 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §6B-1-3 of
the Code of West Virginia, 1931, as amended; to amend said Code by
adding thereto a new section, designated §6B-1-6; to amend and
reenact §6B-2-1, §6B-2-2, §6B-2-4, §6B-2-5, §6B-2-7, §6B-2-9 and
§6B-2-10 of said Code; to amend said Code by adding thereto a new
section, designated §6B-2-5b and §6B-2-12; to amend and reenact
§6B-3-1, §6B-3-2, §6B-3-3a, §6B-3-4 and §6B-3-7 of said Code; and
to amend said Code by adding thereto two new sections, designated
§6B-3-3b and §6B-3-8, all relating generally to the ethical
standards of governmental officials and employees and disclosure of financial interests of such persons; providing a definition of
certain terms; providing for a special revenue account; clarifying
membership qualifications for the West Virginia Ethics Commission;
providing for procedures with respect to the conduct of meetings of
the Commission; describing the powers, duties and authority of the
Commission; providing for procedures with respect to the filing of
complaints against persons subject to said chapter and the conduct
of hearings with respect thereto; providing for confidentiality
requirements as to the Commission members and staff; providing
immunity for complainants; clarifying the law relating to the
solicitation of donations by members of the Board of Public Works;
providing ethical standards for elected and appointed officials as
well as certain public employees; penalties; providing for ethical
training for certain state officers and employees; requiring the
filing of financial disclosure statements by certain public
officials, public employees and candidates, the contents thereof
and the time when such statements are to be filed; providing for
the appointment of special prosecutors in certain cases; providing
for penalties for violations of said chapter; providing for the
disclosure of certain information of nonprofit organizations
receiving state funds; providing for registration and reporting
requirements for lobbyists; providing for a lobbyist training
course; providing for reporting requirements for lobbyists; describing the duties of lobbyists and defining certain acts which
are violations; and providing for compliance audits of lobbyists
and their employers.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.Respectfully submitted, Jeffrey V. Kessler, Chair.At the request of Senator Chafin, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 1003) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.Pending announcement of meetings of standing committees of the
Senate,On motion of Senator Chafin, the Senate recessed until 6:30
p.m. today.Upon expiration of the recess, the Senate reconvened and
resumed business under the fourth order.Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:Your Committee on the Judiciary has had under considerationSenate Bill No. 1004, Relating generally to workers'
compensation.And has amended same.Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on January 24, 2005;And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.Respectfully submitted, Jeffrey V. Kessler, Chair.The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on the Judiciary pending.Pending announcement of meetings of standing committees of the
Senate,On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, January 26, 2005, at 11 a.m.