(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
FIRST DAY
____________
Charleston, W. Va., Wednesday, February 9, 2005
The Senate met at 12 Noon.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Right Reverend W. Michie Klusmeyer,
Bishop, Episcopal Diocese of West Virginia, Charleston, West
Virginia.
Pending the reading of the Journal of Wednesday, January 12,
2005,
On motion of Senator Love, 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.
The Clerk presented a communication from the Motorcycle Safety
Awareness Board, submitting its annual report as required by
chapter seventeen-b, article one-d, section eight of the code of
West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Office of the Insurance Commissioner, submitting its report on
the Office of the Consumer Advocate, in accordance with chapter
thirty-three, article two, section fifteen-c of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Office of the Insurance Commissioner, submitting its report on
third-party causes of action as required by chapter thirty-three,
article two, section fifteen-b of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Support Enforcement Commission, submitting its review of the
child support formula, in accordance with chapter forty-eight,
article seventeen, section one hundred nine of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the West Virginia Lottery, submitting its annual report as required
by chapter twenty-nine, article twenty-two, section twenty of the
code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 4--Raising a Joint Assembly to
hear an address by His Excellency, the Governor.
Whereas, His Excellency, the Governor, has advised that he
will be pleased to address a Joint Assembly of the Senate and House
of Delegates at the convenience of the two houses; therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to
address a Joint Assembly of the Legislature at 7:00 o'clock
postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the
Speaker of the House of Delegates appoint three members of each of
the respective houses of the Legislature as a committee to wait
upon His Excellency, the Governor, and escort him into the Hall of
the House of Delegates at the time herein appointed for hearing the
address.
The message further announced the appointment of the following
committee on the part of the House of Delegates:
Delegates Caputo, Hatfield and L. White.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Whereupon, the President appointed as Senate members of such
committee, authorized by the foregoing resolution, the following:
Senators Chafin, Sharpe and Sprouse.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolutions were introduced, read by their titles, and
referred to the appropriate committees:
By Senator McKenzie:
Senate Bill No. 1--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §61-
10-32, relating to crimes against public policy generally;
prohibiting human and embryonic cloning; and prescribing criminal
penalties for violations of said section.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 2--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-15-9i, relating to providing an exemption from consumers sales
tax for certain charges by mortgage brokers, lenders and loan
originators licensed by the Commissioner of Banking; and specifying
an effective date.
Referred to the Committee on Finance.
By Senator Minard:
Senate Bill No. 3--A Bill to amend and reenact §33-6-8 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§33-16B-1, §33-16B-2 and §33-16B-3 of said code, all relating to
rate and form filing for group accident and sickness policies.
Referred to the Committee on Banking and Insurance.
By Senator Minard:
Senate Bill No. 4--A Bill to amend and reenact §46A-6-102 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §46A-6-111, all
relating to defining "consumer reporting agency"; requiring
consumer reporting agencies to notify consumers of negative credit
reports in advance of their release; and providing a cause of
action and civil penalties for violations.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 5--A Bill to amend and reenact §46A-4-101 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §46A-4-102a, all
relating to the authority of regulated consumer lenders to make
loans;
and requiring continuing education of individual regulated
consumer lender loan originators.
Referred to the Committee on Banking and Insurance.
By Senator Oliverio:
Senate Bill No. 6--
A Bill to amend and reenact §3-1A-6 of the
Code of West Virginia, 1931, as amended; and to amend and reenact §3-3-8 of said code, all relating to election law generally;
requiring rulemaking in certain circumstances; providing that
counties using voting machines may count absentee ballots at the
courthouse on election day; and prohibiting disclosure or posting
of results prior to closing of the polls.
Referred to the Committee on the Judiciary.
By Senator Dempsey:
Senate Bill No. 7--A Bill to amend and reenact §18A-3-10 of
the Code of West Virginia, 1931, as amended, relating to criminal
history checks of applicants for licensure by the Department of
Education; and providing for criminal history checks for people who
are not employed by county boards of education but who work
directly with children in grades kindergarten through twelve on
school property.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senator Dempsey:
Senate Bill No. 8--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§18A-2-14, relating to prohibiting school employees from
counseling, referring, transporting or assisting any student to
obtain an abortion; and providing that nothing in said section may
be construed as approving of abortion.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators Bailey and Love:
Senate Bill No. 9-
A Bill to amend and reenact §25-1-11d of the
Code of West Virginia, 1931, as amended, relating to correctional
employees; and allowing correctional officers to be paid for any
unused annual leave that exceeds the amount that may be carried
over from one year to the next.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 10--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§37-6-31, relating to making the destruction of a landlord's
property which has been rented for residential purposes a criminal
offense; providing that damage greater than three hundred dollars
but less than one thousand dollars constitutes a misdemeanor;
providing that damage greater than one thousand dollars constitutes
a felony; providing that tenants who leave trash when vacating a
premises may be guilty of a misdemeanor if it costs more than one
hundred dollars to remove it; providing that damage deposits be
used to offset ascertainment of value of damage; providing for the
determination of prima facie evidence under certain circumstances;
providing that tenants or others in privity of contract with
landlords or lessors have a duty to report damage not caused by
themselves; and providing a criminal penalty for failure to report
the damage under certain circumstances.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 11--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated
§29-6-28, relating to dissolving the Division of Personnel and the
civil service system; and providing that the various agencies,
divisions and departments of government are responsible for their
own personnel matters.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Edgell:
Senate Bill No. 12--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§2-2A-l, §2-2A-2 and §2-2A-3, all relating to the establishment of
the English language as the official language of the State of West
Virginia
.
Referred to the Committee on the Judiciary.
By Senator McKenzie:
Senate Bill No. 13--A Bill to amend and reenact §61-8-28 of
the Code of West Virginia, 1931, as amended, relating to criminal
invasion of privacy generally; adding the criminal offense of
voyeurism where an individual has an expectation of privacy;
providing misdemeanor penalties; providing an exception for
law-enforcement and security surveillance; and limiting a criminal
action pursuant to said section to three years.
Referred to the Committee on the Judiciary.
By Senator McKenzie:
Senate Bill No. 14--A Bill to amend and reenact §61-8-9 of the
Code of West Virginia, 1931, as amended, relating to establishing increased criminal penalties for subsequent convictions for
indecent exposure.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 15--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §9-
4E-1 and §9-4E-2, all relating to exempting certain physicians from
obtaining preauthorization before dispensing psychotrophic
medications to mentally ill Medicaid recipient patients in order to
avoid catastrophic results from inadequate and untimely treatment;
and providing findings by the Legislature.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Bailey, Unger, Love, Weeks, Minard, Chafin,
Dempsey, Sharpe, Hunter, Minear, Kessler, Plymale, Bowman, Jenkins,
Oliverio, Foster and Barnes:
Senate Bill No. 16--
A Bill to amend and reenact §11-15-11 of
the Code of West Virginia, 1931, as amended, relating to exempting
veterans' organizations from the state sales tax.
Referred to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 17--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §12-
4-17, relating to public moneys; and prohibiting payment of same to
certain entities.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Boley and Minear:
Senate Bill No. 18--
A Bill to amend and reenact §49-2-14 of
the Code of West Virginia, 1931, as amended, relating to rights of
foster parents and certain relatives in child adoption procedures.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 19--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §9-2-
6b, relating to the creation of an Office of Inspector General
within the Department of Health and Human Resources.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Love:
Senate Bill No. 20--A Bill to amend and reenact §11-3-9 of the
Code of West Virginia, 1931, as amended, relating to exempting from
taxation streets or rights-of-way used for ingress and egress in a
subdivision when the streets or rights-of-way have been conveyed to
a duly incorporated homeowners' association.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Love and White:
Senate Bill No. 21--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§25-1-12; to amend said code by adding thereto a new section, designated §29-6-10b; to amend and reenact §31-20-27 of said code;
and to amend said code by adding thereto a new section, designated
§49-5E-5b, all relating to the salaries and classifications of
certain employees of the Division of Corrections, the Division of
Juvenile Services and the Regional Jail and Correctional Facility
Authority.
Referred to the Committee on Finance.
By Senators Love and White:
Senate Bill No. 22--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §25-
1-11f; and to amend and reenact §31-20-27 of said code, all
relating to establishing a salary schedule for officers and
employees of corrections institutions.
Referred to the Committee on Finance.
By Senators McKenzie, Barnes and Weeks:
Senate Bill No. 23--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§5-16B-11, relating to providing that unborn children are eligible
for the Children's Health Insurance Program.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 24--
A Bill to amend and reenact §17-24A-1 and
§17-24A-2 of the Code of West Virginia, 1931, as amended, all
relating to abandoned motor vehicles; definitions; exceptions; and
penalties.
Referred to the Committee on the Judiciary.
By Senators Boley, Minear and Weeks:
Senate Bill No. 25--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§30-30A-1, §30-30A-2, §30-30A-3, §30-30A-4, §30-30A-5, §30-30A-6
and §30-30A-7, all relating to establishing social workers' code of
ethics.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Fanning:
Senate Bill No. 26--A Bill to amend and reenact §5-10-22f of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18-7A-26r of said code, all relating to the Public
Employees Retirement Act and the State Teachers Retirement System;
and including disability retirees within the eligibility rules for
minimum retirement benefits under the public employees and the
state teachers retirement systems.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Edgell:
Senate Bill No. 27--
A Bill to amend and reenact §17-24-7 of
the Code of West Virginia, 1931, as amended, relating to providing
a limitation of liability for remediation costs for certain owners
of real property where waste tires existed when the owners were not
responsible for the accumulation of the waste tires on the
property.
Referred to the Committee on the Judiciary.
By Senators McKenzie and Barnes:
Senate Bill No. 28--A Bill to amend and reenact §61-2-14a of
the Code of West Virginia, 1931, as amended, relating to defining
"bodily injury" for purposes of sentencing enhancement under the
kidnaping statute.
Referred to the Committee on the Judiciary.
By Senator Fanning:
Senate Bill No. 29--
A Bill to amend and reenact §20-7-4 of the
Code of West Virginia, 1931, as amended, relating to law-
enforcement powers and duties of conservation officers; procuring
and executing arrest and search warrants on certain lands and
waters; empowering conservation officers to stop and board vessels
to conduct safety checks to ensure vessels are properly equipped
and licensed; and making technical corrections.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 30--A Bill to amend and reenact §33-17-9 of
the Code of West Virginia, 1931, as amended, relating to insurance
generally; and total or partial fire loss.
Referred to the Committee on Banking and Insurance.
By Senators Facemyer and Minear:
Senate Bill No. 31--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§5-1B-4a, relating to requiring the Chief Technology Officer to maintain a central cross index of forms used by state agencies;
definitions; and additional powers and duties of the Chief
Technology Officer.
Referred to the Committee on Government Organization.
By Senators White and Hunter:
Senate Bill No. 32--
A Bill to amend and reenact §25-5-1,
§25-5-2, §25-5-4, §25-5-5, §25-5-8, §25-5-11, §25-5-12, §25-5-15,
§25-5-19 and §25-5-20 of the Code of West Virginia, 1931, as
amended, all relating to commercial prisons; setting forth
legislative findings; requiring Commissioner of the Division of
Corrections to develop certain plans; requiring the Commissioner to
annually make recommendations on whether to continue prison
vendors' contracts; providing that the Secretary of the Department
of Military Affairs and Public Safety may renew prison vendor
contracts annually; providing for certain restrictions concerning
offender characteristics relative to the kinds of offenders that
may be incarcerated in commercial facilities; reducing the amount
of time that a contractor has to abate a violation; prescribing the
number of Commissioner's representatives that may be employed at
each commercial facility for monitoring purposes; increasing
bonding requirements for contractors; requiring background checks
for employees at commercial facilities; and requiring contractors
to be responsible for certain costs.
Referred to the Committee on Government Organization; then to
the Committee on the Judiciary; and then to the Committee on
Finance.
By Senators Bowman, Jenkins and Unger:
Senate Bill No. 33--
A Bill to amend and reenact §5-10-22 of
the Code of West Virginia, 1931, as amended, relating to public
employees retirement generally; and increasing the multiplier from
two percent to two and one-quarter percent.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 34--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§18A-2-14, relating to the term of contract for a person hired as
a coach in the county school system.
Referred to the Committee on Education.
By Senators Dempsey and Love:
Senate Bill No. 35--A Bill to amend and reenact §18-5-45 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18A-4-3 of said code, all relating to funding salaries of
principals for two hundred twenty days.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Chafin:
Senate Bill No. 36--
A Bill to amend and reenact §11A-1-17 of
the Code of West Virginia, 1931, as amended, relating to increasing
the maximum amount of the commission a sheriff may receive for
collecting taxes.
Referred to the Committee on Finance.
By Senators Chafin and Foster:
Senate Bill No. 37--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§33-16E-1, §33-16E-2, §33-16E-3, §33-16E-4, §33-16E-5 and
§33-16E-6, all relating to requiring health insurance plans to
cover the cost of contraceptives for its covered people.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 38--
A Bill to amend and reenact §3-8-12 of the
Code of West Virginia, 1931, as amended, relating to increasing
from one thousand dollars to four thousand dollars the amount an
individual may contribute in connection with any campaign for
nomination or election.
Referred to the Committee on the Judiciary.
By Senators Boley, Yoder and Love:
Senate Bill No. 39--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6 and §5B-4-7,
all relating to the "West Virginia Job Creation Zones Act of 2005";
providing for certain tax exemptions for qualified new businesses
in the twelve counties with the highest rate of unemployment; and
providing other conditions and procedures.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
By Senators Jenkins and Plymale:
Senate Bill No. 40--
A Bill to amend and reenact §11A-3-20 of
the Code of West Virginia, 1931, as amended, relating to a
sheriff's tax on sale of real estate erroneously assessed or
nonexistent; and modifying the method for a purchaser to recover
the purchase money.
Referred to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 41--
A Bill to amend and reenact §5-10B-4 of
the Code of West Virginia, 1931, as amended, relating to
contributions to government employee deferred plans.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Edgell:
Senate Bill No. 42--
A Bill to amend and reenact §17-24-7 of
the Code of West Virginia, 1931, as amended, relating to providing
a limitation of liability for remediation costs for certain owners
of real property where the waste tire accumulation occurred as the
result of the activities of others and the current owners were not
responsible for the accumulation; authorizing the Division of
Highways to recover from prior owners of the property in certain
circumstances; and requiring notice of the existence of illegal
waste tire piles to be filed by the Division with the county clerk.
Referred to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 43--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §18-7A-26t, relating to increasing supplemental benefits to certain
teacher retirement annuitants.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Hunter, White, Dempsey and Weeks:
Senate Bill No. 44--A Bill to amend and reenact §18-7A-25 of
the Code of West Virginia, 1931, as amended, relating to State
Teachers Retirement System; and allowing eligibility for
retirement, with full pension rights, when a member's age plus
years of contributing service equals or exceeds eighty.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Jenkins and Foster:
Senate Bill No. 45--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§55-7B-12, relating to abridging health care providers' exposure to
liability where, in certain cases involving prescription drugs and
medical devices, a person has been injured.
Referred to the Committee on the Judiciary.
By Senators Bailey and Weeks:
Senate Bill No. 46--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§16-2-16, relating to prohibiting local boards of health from
requiring smoke-free areas; allowing requirement of signs
designating smoking and nonsmoking areas under certain
circumstances; and giving the Governor the authority to allow or prohibit smoking in governmental buildings.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Facemyer, Lanham and Minear:
Senate Bill No. 47--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§20-2-65, relating to providing a single resident license for all
hunting, fishing and trapping; and providing that one percent of
the general revenue fund each fiscal year is dedicated for use by
the Division of Natural Resources.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 48--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§18A-4-2b, relating to nationally recognized professional
certification of professional personnel; creating the equitable
compensation act; and establishing a state minimum salary
supplement for professional personnel holding a nationally
recognized professional certification.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Love:
Senate Bill No. 49--A Bill to repeal §7-8-3 of the Code of
West Virginia, 1931, as amended, relating to inspection of jails.
Referred to the Committee on the Judiciary.
By Senators Love and Hunter:
Senate Bill No. 50--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §17C-
5-2b; and to amend said code by adding thereto a new section,
designated §20-7-18e, all relating to driving vehicles, motorboats,
jet skis or other motorized vessels; and providing certain
first-time offenders convicted of driving while under the influence
of alcohol, controlled substances, other drugs or any combination
of alcohol, controlled substances or other drugs the option of
participating in litter control programs instead of serving time in
jail.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Bailey:
Senate Bill No. 51--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§33-16E-1, §33-16E-2, §33-16E-3, §33-16E-4, §33-l6E-5 and
§33-16E-6, all relating to requiring health insurance plans to
cover the cost of smoking cessation services for its covered
people.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Boley, Weeks and Minear:
Senate Bill No. 52--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§49-6F-1 and §49-6F-2, all relating to creating the Office of Child Protection Ombudsman; authorizing the Ombudsman to hire assistants;
providing the Ombudsman investigate and monitor the Department of
Health and Human Resources' Division of Child Protective Services
to determine if it complies with federal guidelines; requiring the
Ombudsman to investigate complaints against circuit and family law
judges concerning alleged failures to adequately protect children;
setting forth powers and duties of the Ombudsman; and requiring the
Ombudsman, upon taking office, to propose legislative rules
designed to implement the provisions of the article.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Boley and Barnes:
Senate Bill No. 53--A Bill to amend and reenact §17-24A-1 and
§17-24A-2 of the Code of West Virginia, 1931, as amended, all
relating to abandoned motor vehicles; definitions; exceptions; and
penalties.
Referred to the Committee on the Judiciary.
By Senators Love and Bowman:
Senate Bill No. 54--
A Bill to amend and reenact §15-2-7 of the
Code of West Virginia, 1931, as amended, relating to providing a
salary increase for civilian employees of the State Police.
Referred to the Committee on Finance.
By Senator Minard:
Senate Bill No. 55--
A Bill to amend and reenact §33-6A-4 of
the Code of West Virginia, 1931, as amended, relating to deleting
the ninety-day mandatory reinstatement period existing under current law for persons who allow their automobile insurance
policies to lapse due to nonpayment of the premium.
Referred to the Committee on Banking and Insurance.
By Senators Minard, Deem and Jenkins:
Senate Bill No. 56--A Bill to amend and reenact §33-11-6 of
the Code of West Virginia, 1931, as amended, relating to removing
the maximum aggregate penalties limit in regard to violations of
the Unfair Trade Practices Act.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 57--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §61-
2-15b, relating to violence against public employees.
Referred to the Committee on the Judiciary.
By Senators McCabe, Unger, Foster and Barnes:
Senate Bill No. 58--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§20-10-1, §20-10-2, §20-10-3, §20-10-4, §20-10-5, §20-10-6,
§20-10-7, §20-10-8, §20-10-9, §20-10-10, §20-10-11 and §20-10-12,
all relating to requiring the use of returnable containers for soft
drinks, soda water, carbonated natural or mineral water, other
nonalcoholic carbonated drinks and for beer, ale or other malt
drinks of any alcoholic content and for certain other beverage
containers; requiring the use of unredeemed bottle deposits;
prescribing the powers and duties of certain state agencies and officials; and prescribing penalties and remedies.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Oliverio, Sharpe, Unger, Minear, Hunter and Yoder:
Senate Bill No. 59--
A Bill to amend and reenact §50-1-3 of the
Code of West Virginia, 1931, as amended, relating to increasing the
salaries of magistrates equal to Class I and Class IX circuit and
county clerks.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Facemyer:
Senate Bill No. 60--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §5-6-
17, relating to public buildings; and encouraging public officials
to prominently display the national motto on all public property,
public buildings and all buildings designed, constructed and
maintained with public funds from the state, a county or a
municipality.
Referred to the Committee on Government Organization.
By Senator Facemyer:
Senate Bill No. 61--
A Bill to amend and reenact §4-11A-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§19-1-4 of said code; and to amend said code by adding thereto a
new section, designated §19-1-4e, all relating to tobacco
settlement funds; the duties of the Commissioner of the Department
of Agriculture; including the duty to assist farmers to make the transition from growing tobacco to growing other crops; and
providing for appropriations for and creating the "transition
program for tobacco farmers".
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senator Facemyer:
Senate Bill No. 62--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§9-5-11d, relating to requiring itemized statements of services
rendered to Medicaid recipients; directing the Department of Health
and Human Resources to prescribe forms for itemized statements; and
providing for verification of the accuracy of same or investigation
by the Department of Health and Human Resources into discrepancies.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 63--A Bill to amend and reenact §17-2A-8 of
the Code of West Virginia, 1931, as amended, relating to requiring
legislative approval before a road, highway or bridge may receive
a scenic or memorial designation.
Referred to the Committee on Transportation and
Infrastructure.
By Senators White, Hunter and Foster:
Senate Bill No. 64--
A Bill to amend and reenact §5-5-2 of the
Code of West Virginia, 1931, as amended, relating to granting
higher incremental salary increases to Division of Corrections' employees based on years of service.
Referred to the Committee on Finance.
By Senator White:
Senate Bill No. 65--
A Bill to establish the Central West
Virginia Highlands Highway Authority to include representatives
from Braxton, Nicholas, Webster, Randolph and Pocahontas counties;
appointment of officers; and powers of authority.
Referred to the Committee on Transportation and
Infrastructure; then to the Committee on Government Organization;
and then to the Committee on Finance.
By Senator White:
Senate Bill No. 66--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§30-29-11, relating to prohibiting law-enforcement surveillance of
individuals and groups of individuals participating in
constitutionally protected activities without a particularized
suspicion of criminal activity unrelated to the protected activity.
Referred to the Committee on the Judiciary.
By Senator White:
Senate Bill No. 67--
A Bill to amend and reenact §20-2-44b of
the Code of West Virginia, 1931, as amended, relating to increasing
the cost of a bear damage stamp from four to ten dollars; and
expanding the purposes for which the proceeds from a bear damage
stamp may be used.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Fanning:
Senate Bill No. 68--A Bill to amend and reenact §5-10-22f of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18-7A-26r of said code, all relating to the Public
Employees Retirement Act and the State Teachers Retirement System;
and including disability retirees within the eligibility rules for
minimum retirement benefits under the Public Employees Retirement
Act and the State Teachers Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 69--A Bill to amend and reenact §5-16B-1 of
the Code of West Virginia, 1931, as amended, relating to expansion
of health coverage to children; and providing exceptions to
application and waiting period if existing coverage is excessively
expensive for families with private health insurance.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Boley, Weeks and Minear:
Senate Bill No. 70--
A Bill to amend and reenact §49-3-1 of the
Code of West Virginia, 1931, as amended, relating to adoption
generally; including other relatives for consideration as adoptive
placement; and providing limitations on adoption or guardianship by
grandparents or other relatives.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 71--A Bill to amend and reenact §51-9-6,
§51-9-6a and §51-9-6b of the Code of West Virginia, 1931, as
amended, all relating to the judges' retirement system; providing
that a judge of a court of record first elected to the office after
the first day of July, two thousand five, shall have his or her
retirement benefit calculated on the basis of his or her salary at
the time of retirement; and, irrespective of any salary increases
that may be granted to active members of the judiciary, the retired
judge's benefit may not be increased unless expressly provided for
by legislative enactment.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Chafin:
Senate Bill No. 72--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§9-5-20, relating to providing for a pilot project intended to
divert low-income residents from early institutionalization in
nursing homes by providing personal home care in their communities.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 73--
A Bill to amend and reenact §18B-10-1 of
the Code of West Virginia, 1931, as amended, relating to tuition
and fees at institutions of higher education; and authorizing each
higher education governing board to increase fees of students
taking more hours of course work than the number of hours of course work defined as full time.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Deem, Minear, Jenkins and Barnes:
Senate Bill No. 74--A Bill to amend and reenact §29-22B-1902
of the Code of West Virginia, 1931, as amended, relating to
allowing a county commission to provide, by ordinance, for
regulation and restriction of the location of any premises in which
a limited video lottery retailer holds a license.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Dempsey and Weeks:
Senate Bill No. 75--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§16-2B-5, relating to prohibiting any person who is not a physician
licensed to practice in this state from performing an abortion; and
providing a penalty for same.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Prezioso, Jenkins, Hunter, Dempsey, Unger and
Oliverio:
Senate Bill No. 76--
A Bill to amend and reenact §18B-9-5 of
the Code of West Virginia, 1931, as amended, relating to the
incremental salary increase for classified employees of higher
education; and reinstating the annual incremental increase for
classified employees.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Boley:
Senate Bill No. 77--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§3-12-1, §3-12-2 and §3-12-3, all relating to initiative and
referendum; definitions; and limitations.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Jenkins, Plymale, Facemyer and Lanham:
Senate Bill No. 78--A Bill to amend and reenact sections 1, 2
and 3, chapter 232, Acts of the Legislature, regular session, 1997,
all relating to expanding the counties covered by West Virginia
Route 2 and Interstate 68 Authority to include Cabell, Mason and
Jackson counties; and increasing the number of members.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.
By Senator Jenkins:
Senate Bill No. 79--
A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to adding
retirement income of conservation officers received through the
West Virginia Public Employees Retirement System to modifications
reducing the federal adjusted gross income.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Hunter and Dempsey:
Senate Bill No. 80--A Bill to amend and reenact §18-29-4 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §29-6A-4 of said code, all relating to providing for a
process in which to enlist binding arbitration in grievance
procedures for state employees and employees of boards of
education, governing boards of higher education, regional education
service agencies and multicounty vocational centers.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Weeks and Barnes:
Senate Bill No. 81--
A Bill to amend and reenact §5A-3-5 of the
Code of West Virginia, 1931, as amended, relating to adding the
expected life of product or commodity as factor in standard
specifications for state purchasing contracts.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Weeks and Barnes:
Senate Bill No. 82--
A Bill to amend and reenact §16-2F-3 of
the Code of West Virginia, 1931, as amended, relating to requiring
a physician to receive written consent from at least one parent or
legal guardian before an abortion is performed on an unemancipated
minor.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Facemyer and Barnes:
Senate Bill No. 83--
A Bill to amend and reenact §16-9A-3 of
the Code of West Virginia, 1931, as amended, relating to increasing
the penalties for use or possession of tobacco or tobacco products
by a person under eighteen years of age; increasing fines and
community service requirements; and providing, upon a second
offense, for revocation of the person's junior or graduated
driver's license until eighteen years of age or, if the person does
not yet have a driver's license, the person is ineligible to apply
for any type of driver's license until eighteen years of age.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 84--
A Bill to amend and reenact §46A-6K-2 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §46A-6K-6, all relating
to providing for a duty of settlement agent in a loan settlement;
and expanding the definition of settlement agent to include
business entities.
Referred to the Committee on the Judiciary.
By Senators Bailey and Yoder:
Senate Bill No. 85--A Bill to amend and reenact §50-2-1 of the
Code of West Virginia, 1931, as amended, relating to giving
magistrates the authority to perform marriages; and allowing
magistrates to charge up to fifty dollars for performing a
marriage.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Hunter, White and Foster:
Senate Bill No. 86--
A Bill to amend and reenact §5-16B-6 of
the Code of West Virginia, 1931, as amended, relating to the
Children's Health Insurance Program; and expanding availability of
coverage to children whose family income is less than two hundred
fifty percent of the federal poverty guideline.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Weeks:
Senate Bill No. 87--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§16-5-20a, relating to requiring the collection of statistics
relative to abortions performed in the state.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Weeks and Barnes:
Senate Bill No. 88--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§16-19-3b, relating to prohibiting the use of the body of an unborn
baby for any medical experimentation or scientific investigation
except as necessary to diagnose a disease or condition suspected to
exist in the mother's or fetus's body; and prescribing criminal
penalties for violation of said section.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Boley and Weeks:
Senate Bill No. 89--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§49-2B-18, relating to bill of rights for children in foster care.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Fanning:
Senate Bill No. 90--A Bill to amend and reenact §11-13A-3 of
the Code of West Virginia, 1931, as amended, relating to severance
taxes generally; and providing that the reduced tax rate applies to
underground mines producing coal from seams of less than thirty-two
inches.
Referred to the Committee on Finance.
By Senators Hunter, Foster and White:
Senate Bill No. 91--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7,
§3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14,
§3-12-15, §3-12-16, §3-12-17 and §3-12-18, all relating generally
to providing public funding of election campaigns for certain
offices; setting forth short title and certain legislative findings
and declarations; defining terms; specifying that the provisions of
the act are applicable to candidates for the offices of Governor,
Supreme Court Justice, Circuit Court Judge and candidates for seats
in the Legislature; establishing a Public Campaign Financing Fund
and sources of revenue for the Fund; requiring an applicant for public campaign funding to complete a declaration of intent and
setting forth the manner in which application for funding may be
made; setting forth eligibility criteria for qualifying party and
independent candidates; allowing participating candidates to raise
from private sources and spend seed money contributions; requiring
candidates seeking public campaign funds to collect a required
number of qualifying contributions; requiring participating
candidates to comply with all provisions of the act; requiring the
State Election Commission to certify eligible candidates and
setting forth the procedure for certification; providing that
qualified candidates shall receive funding for election campaigns
from the Public Campaign Financing Fund; specifying the amount of
funds available for each office and when such funds become
available; setting forth restrictions on participating candidates'
contributions and spending; prohibiting participating candidates
from accepting private contributions other than as specifically set
forth in the act; prohibiting the use of personal funds for certain
purposes; requiring certain disclosures; requiring candidates to
keep records and report to the State Election Commission; providing
for matching public campaign funds when an opponent spends in
excess of the participating candidate's spending limits; setting
forth certain duties of the State Election Commission; providing
for the deposit of certain revenue into the fund; requiring
repayment of excessive expenditures by candidates; providing both
civil and criminal penalties for violations of the act; and setting
forth an effective date.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard and Sharpe:
Senate Bill No. 92--A Bill to amend and reenact §50-1-9a of
the Code of West Virginia, 1931, as amended, relating to increasing
the number of allowable magistrate court deputy clerks; and
designating an additional deputy clerk for Braxton County.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Oliverio, Dempsey, Barnes, Yoder and Sharpe:
Senate Bill No. 93--
A Bill to amend and reenact §15-2A-9 and
§15-2A-12 of the Code of West Virginia, 1931, as amended, all
relating to the State Police Retirement System; and enhancing
benefits for service-related disability or death of members.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Plymale:
Senate Bill No. 94--A Bill to amend and reenact §18-5-45 of
the Code of West Virginia, 1931, as amended, relating to allowing
activities on instructional support and enhancement days to occur
in any order.
Referred to the Committee on Education.
By Senators Prezioso, Unger, Kessler, Deem, Dempsey, Foster,
Minard, Jenkins, Hunter and Barnes:
Senate Bill No. 95--
A Bill to amend and reenact §18-5-22 of
the Code of West Virginia, 1931, as amended, relating to county boards of education; and requiring reimbursement for the full cost
of providing school nurses from funds appropriated to the state
Department of Education.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Sharpe and Yoder:
Senate Bill No. 96--
A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to
eliminating the additional annual fifteen-dollar fee for special
9/11 commemorative plates.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Jenkins, Edgell and Bowman:
Senate Bill No. 97--
A Bill to amend and reenact §18-7B-7, §18-
7B-9, §18-7B-11 and §18-7B-16 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section,
designated §18-7B-20, all relating to the rights of members of the
Teachers Defined Contribution Retirement System; clarifying
membership; permitting periodic payment distributions; prohibiting
involuntary distributions; clarifying service credit for vesting
and suspension account; and clarifying forfeiture money payment.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Weeks:
Senate Bill No. 98--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §30-5-26, relating to allowing pharmacists and other individuals
involved in dispensing medicines to refuse to fill prescriptions or
dispense any substance that can be used as an abortifacient or that
can be used as part of an abortion-related procedure; providing
employee protection; and providing criminal penalty.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Weeks, Bailey, Deem and Oliverio:
Senate Bill No. 99--A Bill to amend and reenact §50-1-2 of the
Code of West Virginia, 1931, as amended, relating to adding a
magistrate to those serving Raleigh County.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 100--
A Bill to amend and reenact §24A-1-3 of
the Code of West Virginia, 1931, as amended, relating to motor
carriers; and providing certain exemptions for wrecker services.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 101--
A Bill to amend and reenact §17C-3-5 of
the Code of West Virginia, 1931, as amended, relating to providing
that drivers of motor vehicles may, during certain times, treat red
lights as stop signs.
Referred to the Committee on Transportation and
Infrastructure.
By Senator Hunter:
Senate Bill No. 102--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31A-4-46, relating to credit card fraud; limiting
liability of a West Virginia merchant for credit card fraud for
card-not-present transactions; limiting rates charged; and
requiring certain entities to report annually to the Attorney
General concerning credit card fraud committed against businesses
in this state.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Jenkins, Plymale, Foster, Unger, Barnes and
Hunter:
Senate Bill No. 103--
A Bill to amend and reenact §5-10D-1 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §16-5U-1, §16-5U-2,
§16-5U-3, §16-5U-4, §16-5U-5, §16-5U-6, §16-5U-7, §16-5U-8,
§16-5U-9, §16-5U-10, §16-5U-11, §16-5U-12, §16-5U-13, §16-5U-14,
§16-5U-15, §16-5U-16, §16-5U-17, §16-5U-18, §16-5U-19, §16-5U-20,
§16-5U-21, §16-5U-22, §16-5U-23, §16-5U-24, §16-5U-25, §16-5U-26,
§16-5U-27, §16-5U-28, §16-5U-29, §16-5U-30, §16-5U-31, §16-5U-32,
§16-5U-33 and §16-5U-34, all relating to the Consolidated Public
Retirement Board; providing that the Board administer the Emergency
Medical Services Retirement System; reflecting the long-standing
fiduciary obligation of Consolidated Public Retirement Board
members to the plans they administer; clarifying the personal liability of Board members to the retirement plans they administer;
clarifying that Board members shall discharge their duties in
accordance with the law; establishing the Emergency Medical
Services Retirement System; setting forth definitions; providing
effective dates; establishing federal qualification requirements;
providing for liberal construction; providing that plan is not a
substitute for social security; providing for and setting
membership standards; setting forth required contributions from
members and employers; creating fund and providing for investments;
providing for transfer from Public Employees Retirement System;
setting time limits; setting forth notice requirements and
requiring a test case; commencement of benefits; federal law
maximum benefit limitations and minimum required distributions;
direct rollovers; providing for retirement credited through
member's use of accrued annual or sick leave; providing for
retirement benefits; setting forth annuity options; providing for
refunds in certain circumstances; deferred retirement; forfeitures;
awards and benefits for duty-related disability and for other
causes; physical examinations; termination of disability; prior
disability; awards and benefits to surviving spouse; additional
death benefits and scholarships for dependent children; burial
benefit; prohibiting double death benefits; loans to members;
exemption from taxation, garnishment and other process; qualified
domestic relation orders; fraud; criminal penalties; repayment;
treatment of prior military service; pro rata reduction of
annuities; effective date; starting date for benefits; limitation of county liability; and providing for no forfeiture of benefits if
system terminates.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Love:
Senate Bill No. 104--
A Bill to repeal §17-15-3 of the Code of
West Virginia, 1931, as amended, relating to working prisoners by
county commissions.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 105--
A Bill to amend and reenact §18-5-16 of
the Code of West Virginia, 1931, as amended, relating to providing
guidelines for determining whether the intercounty transfer of a
student should be approved.
Referred to the Committee on Education.
By Senator Facemyer:
Senate Bill No. 106--A Bill to amend and reenact §44-10-2,
§44-10-3, §44-10-8 and §44-10-9 of the Code of West Virginia, 1931,
as amended, all relating to clarifying the process of appointing
guardians of minors.
Referred to the Committee on the Judiciary.
By Senators Love, Dempsey, Lanham, Barnes and Yoder:
Senate Bill No. 107--A Bill to amend and reenact §20-2-7 of
the Code of West Virginia, 1931, as amended, relating to hunting
with dogs; and providing that persons may not be guilty of
trespassing or hunting without permission because the person unintentionally permits his or her dog to pursue an animal or wild
bird onto another person's land.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard and Deem:
Senate Bill No. 108--A Bill to amend and reenact §33-6A-4 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §33-17A-4 and §33-17A-5 of said code, all relating to
insurance generally; additional reasons for nonrenewal of
automobile liability, physical damage and property insurance; and
providing that any policy issued after the effective date of the
bill may be nonrenewed by an insurer for any reason with proper
notice to the insured.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator McKenzie:
Senate Bill No. 109--
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.
By Senators Plymale, Jenkins, Facemyer and Lanham:
Senate Bill No. 110--A Bill to establish the Western West
Virginia Highway Authority to include representatives from Cabell,
Mason, Jackson, Putnam and Wayne counties; appointment of officers;
and powers of authority.
Referred to the Committee on Transportation and
Infrastructure; then to the Committee on Government Organization;
and then to the Committee on Finance.
By Senators Plymale and McCabe:
Senate Bill No. 111--
A Bill to amend and reenact §7-1-3v of
the Code of West Virginia, 1931, as amended, relating to county
commissions generally; authorizing county commissions to identify
floodplain areas to protect health, safety and welfare; and
permitting county commissions to establish a floodplain enforcement
agency to enforce building codes necessary to comply with the
requirements of the National Flood Insurance Act.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Prezioso:
Senate Bill No. 112--A Bill to amend and reenact §18-5-18b of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §18A-4-2b, all relating
to public school counselors; making legislative findings with
respect to the importance of counseling for providing a thorough
and efficient education for all students; redefining school
counseling and instituting annual professional development for
school counselors; establishing the duties of counselors; providing
that no more than one fourth of their work time may be dedicated to
administrative duties; limiting recommended number of students per
counselor by the school year two thousand ten; providing for
supplement for certain additional students; providing that certain school counselors are to be paid a supplement; providing for
reimbursement for expenses in attaining certification; and
requiring state board rule conform to national standards for
counseling programs to the extent practicable and certain other
provisions, including minimum standards for supervision of
counselors and minimum required annual staff development related to
school counseling.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Weeks:
Senate Bill No. 113--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §21-3-19a, relating to requiring employers to provide
employees and others a sheltered place outside the work premises
building to smoke when smoking is prohibited entirely in the
building.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Weeks:
Senate Bill No. 114--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §22-27-1, §22-27-2, §22-27-3, §22-27-4, §22-27-5,
§22-27-6, §22-27-7, §22-27-8, §22-27-9, §22-27-10, §22-27-11,
§22-27-12 and §22-27-13, all relating to establishing a program to
encourage voluntary reclamation of lands adversely affected by
mining or oil and gas extraction by limiting the liability which could arise as a result of the voluntary reclamation of abandoned
lands or reduction and abatement of water pollution; stating
legislative purpose and intent; setting forth legislative findings;
providing definitions for applicable terms; defining eligibility
for the protections and immunities of the proposed legislation;
setting forth specific exemptions from liability for landowners;
setting forth specific exemptions from liability for persons who
provide equipment at no cost or at cost for a reclamation project;
and providing exceptions to coverage under the proposed
legislation.
Referred to the Committee on Energy, Industry and Mining.
By Senators Hunter and Dempsey:
Senate Bill No. 115--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-7A-26t, relating to increasing supplemental benefits
to certain teacher retirement annuitants.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 116--
A Bill to amend and reenact §19-1B-6 of
the Code of West Virginia, 1931, as amended, relating to timbering
operations and notification of duration of these operations; and
providing verification of notice to adjoining landowners by
certified mail.
Referred to the Committee on Natural Resources.
By Senators Deem and Barnes:
Senate Bill No. 117--A Bill to amend and reenact §29-22B-702
of the Code of West Virginia, 1931, as amended, relating to
prohibiting the placement of automated teller machines in
establishments that contain video lottery terminals.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Boley:
Senate Bill No. 118--A Bill to amend and reenact §7-11B-7 of
the Code of West Virginia, 1931, as amended, relating to providing
that the governing body of a municipality may not establish a
development or redevelopment district without the formal consent of
the county commission of the county in which the proposed
development or redevelopment district is located.
Referred to the Committee on Government Organization.
By Senator Bailey:
Senate Bill No. 119--A Bill to amend and reenact §20-1-3 of
the Code of West Virginia, 1931, as amended, relating to renaming
the Division of Natural Resources the Division of Wildlife,
Recreation and Parks.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 120--A Bill to amend and reenact §29-3-12 of
the Code of West Virginia, 1931, as amended, relating to
prohibiting a municipality from closing a fire department without
advance approval of the State Fire Marshal; and providing that the Office of the State Fire Marshal retain the proceeds from the sale
of specialized vehicles purchased by that office.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Love:
Senate Bill No. 121--
A Bill to amend and reenact §20-2-30a of
the Code of West Virginia, 1931, as amended, relating to renewing
a hunting license without the actual certificate of training
document.
Referred to the Committee on Natural Resources.
By Senators Minard and McCabe:
Senate Bill No. 122--
A Bill to amend and reenact §31A-1-2 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§31A-2-5 of said code; and to amend and reenact §31A-4-1 and §31A-
4-5 of said code, all relating to the ability of a state-chartered
bank to organize as a limited liability company.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Weeks:
Senate Bill No. 123--A Bill to amend and reenact §16-39-4 of
the Code of West Virginia, 1931, as amended, relating to
prohibiting discrimination or retaliation against a health care
worker who refuses to participate in treatment of a patient based
upon good faith belief that the treatment is contrary to religious
or moral beliefs or conscience of the health care worker.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 124--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-10b, relating to providing a nonrefundable earned
income tax credit from the state personal income tax for certain
taxpayers with qualifying children.
Referred to the Committee on Finance.
By Senators Kessler and Yoder:
Senate Bill No. 125--
A Bill to amend and reenact §46A-2-136 of
the Code of West Virginia, 1931, as amended, relating to exemptions
from execution or other judicial process in consumer credit
transaction or consumer leases.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Hunter, Dempsey, Weeks, Unger, Bailey, Barnes,
Minard, Jenkins, Foster, Bowman, Kessler, Plymale, Sharpe, McCabe,
Love, Oliverio, McKenzie, Harrison, Caruth, Deem, Prezioso, Edgell,
Helmick, Guills, Boley, Minear, Yoder, Chafin and Tomblin (Mr.
President):
Senate Bill No. 126--A Bill to amend and reenact §18-19-1 of
the Code of West Virginia, 1931, as amended, relating to including
children of deceased members of the armed forces or members of the
reserve components called to active duty by the President of the
United States for the purpose of entering into armed combat in the
educational opportunities appropriation; and removing requirement
that the children attend a state education or training institution.
Referred to the Committee on Military; then to the Committee
on Education; and then to the Committee on Finance.
By Senators Love and Barnes:
Senate Bill No. 127--
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.
Referred to the Committee on Transportation and
Infrastructure.
By Senator Minard:
Senate Bill No. 128-
A Bill to amend and reenact §31-17-5, §31-
17-8 and §31-17-14 of the Code of West Virginia, 1931, as amended,
all relating to mortgage license provisional approval; disclosure
of fees in a mortgage loan; and administrative hearing, appeal and
scheduling procedure.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 129-
A Bill to amend and reenact §46A-7-115 of
the Code of West Virginia, 1931, as amended, relating to consumer
credit and protection generally; requiring persons engaged in
making consumer credit sales and certain other consumer-related
activities to register with the Commissioner of Banking instead of
filing a notification with the Tax Department; setting forth the
provisions of a registration form; providing for a registration
fee; and exempting certain other organizations and individuals from the registration requirements.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator McCabe:
Senate Bill No. 130-
A Bill to amend and reenact §12-6-9c and
§12-6-12 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §12-6-
18, all relating to the investment powers of the Investment
Management Board; removing certain requirements regarding
investments in the securities of, or any interest in, any
investment company or investment trust under the Investment Company
Act of 1940; increasing the percentage of investments that may be
made in equities and international securities; clarifying the
application of the prudent investor standard to limitations on
certain types or amounts of investments; eliminating certain
restrictions on the purchase of securities in a particular company,
commercial paper and corporate debt and eliminating the requirement
that a list of approved securities be maintained by the Board;
authorizing investments in alternative investments, subject to
certain restrictions and limitations; and specifying that the
investment powers of the Board are to be broadly and liberally
construed to permit the Board to achieve its corporate purposes,
consistent at all times with the prudent investor standard.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators McKenzie, Barnes, Foster, Jenkins and Deem:
Senate Bill No. 131-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§55-7-23, relating to limiting the liability of physicians who
render services without remuneration to indigent individuals in
need of medical services.
Referred to the Committee on the Judiciary.
By Senator Boley:
Senate Bill No. 132-
A Bill to amend and reenact §49-2-14 of
the Code of West Virginia, 1931, as amended, relating to clarifying
the procedure for removal of a child from a foster home.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 133-A Bill to amend and reenact §50-1-9b of
the Code of West Virginia, 1931, as amended, relating to temporary
appointment of retired magistrate clerks in single-clerk counties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 134-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-21-10b; and to amend said code by adding thereto a new section,
designated §11-24-9d, all relating to allowing a credit against
corporate and personal income tax for employers who provide child
day care services for their employees.
Referred to the Committee on Finance.
By Senators Jenkins, Unger and Barnes:
Senate Bill No. 135-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§5B-2F-1, §5B-2F-2, §5B-2F-3, §5B-2F-4, §5B-2F-5 and §5B-2F-6, all
relating to requiring a jobs impact statement for certain proposed
legislation.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Bailey, Minard, Unger, Love, Foster, McCabe,
Helmick and Weeks:
Senate Bill No. 136-
A Bill to amend and reenact §18-2-8a of
the Code of West Virginia, 1931, as amended, relating to mandating
an orientation program in firearms and firearm safety in public
schools; and specifying course requirements.
Referred to the Committee on Natural Resources; then to the
Committee on Education; and then to the Committee on Finance.
By Senators Edgell, Unger and Barnes:
Senate Bill No. 137-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6,
§19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12,
§19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18,
§19-9B-19, §19-9B-20, §19-9B-21, §19-9B-22 and §19-9B-23, all
relating to regulating the possession and sale of domestic and
exotic animals; creating Animal Health Safety Control Board and
Technical Advisory Committee; duties; rulemaking; jurisdiction of member agencies; bonding requirements; requiring pet shop
registration; requiring recordkeeping; requiring possession permit
to keep certain animals; permitting requirements; exemptions;
establishing care and treatment requirements; requiring insurance;
authorizing inspections; seizing and quarantining animals; and
establishing penalties and fees.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senators Facemyer, Unger, Weeks and Sharpe:
Senate Bill No. 138-A Bill to amend and reenact §11-3-9 of the
Code of West Virginia, 1931, as amended, relating to exempting
farming equipment and livestock from personal property taxation.
Referred to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 139-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§29A-8-1, §29A-8-2, §29A-8-3, §29A-8-4, §29A-8-5, §29A-8-6 and
§29A-8-7, all relating to the creation of the "West Virginia
Regulatory Flexibility Act"; legislative purpose; definitions;
analysis of cost to state filed with Legislative Auditor; issuing
rules in two or more parts; provisions not to apply in case of
emergency; and requiring agencies to review rules after enactment
of said article.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator McKenzie:
Senate Bill No. 140-
A Bill to amend and reenact §18A-4-7a of
the Code of West Virginia, 1931, as amended, relating to giving
substitute teachers credit for seniority when applying for full-
time professional employment.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Boley:
Senate Bill No. 141-
A Bill to amend and reenact §11-1C-9 of
the Code of West Virginia, 1931, as amended, relating to changing
the time for periodic valuations and assessments of real and
personal property; and providing for a three-percent cap on any
increase in one year.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Boley and Foster:
Senate Bill No. 142-
A Bill to amend and reenact §18-22D-1,
§18-22D-2, §18-22D-3, §18-22D-4, §18-22D-5, §18-22D-6, §18-22D-7,
§18-22D-8 and §18-22D-9 of the Code of West Virginia, 1931, as
amended, all relating to establishing the "West Virginia Dollars
for Scholars Program"; providing low-cost loans to high school
students with at least a "C" average who are attending an approved
college or university in this state; and providing for forgiveness
of loan when continuing West Virginia residency after graduation.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Boley, Unger, White, Foster, Hunter and Minear:
Senate Bill No. 143-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-21-54; and to amend said code by adding thereto a new section,
designated §16-1-19, all relating to creating an Alzheimer's
Caregiver Assistance Program to provide respite services for
informal caregivers of individuals with Alzheimer's disease.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Guills:
Senate Bill No. 144-A Bill to amend and reenact §6-9A-11 of
the Code of West Virginia, 1931, as amended, relating to giving
precedential application to advisory opinions issued by the
committee on open governmental meetings.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Facemyer:
Senate Joint Resolution No. 1-
Proposing an amendment to the
Constitution of the State of West Virginia, amending section 13,
article VI thereof, relating to eligibility of the citizens of the
State to seat in the Legislature; numbering and designating such
proposed amendment; and providing a summarized statement of the
purpose of such proposed amendment.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Joint Resolution No. 2-Proposing an amendment to the
Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section 57,
relating to dedicating one percent of general revenue to the
Division of Natural Resources to be used to fund activities
intended to promote and preserve the state's wildlife resources and
to fund law-enforcement activities involving the Division of
Natural Resources; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Love:
Senate Joint Resolution No. 3-Proposing an amendment to the
Constitution of the State of West Virginia, amending section 5,
article III thereof, relating to deleting language to allow the
Division of Corrections to send convicted inmates out-of-state to
serve their sentences; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Chafin:
Senate Joint Resolution No. 4-Proposing an amendment to the
Constitution of the State of West Virginia, amending section 8,
article IX thereof; and further amending said article by adding
thereto a new section, designated section 8a, all relating to the
formation and reformation of counties; authorizing the Legislature to reconfigure county lines; numbering and designating such
proposed amendment; and providing a summarized statement of the
purpose of such proposed amendment.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Chafin, Helmick and Yoder:
Senate Joint Resolution No. 5-Proposing an amendment to the
Constitution of the State of West Virginia, amending sections 1 and
4, article VII thereof, all relating to the executive department;
eliminating the succession of the Governor; providing for one term
of six years; designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary.
By Senator Oliverio:
Senate Joint Resolution No. 6-Proposing an amendment to the
Constitution of the State of West Virginia, amending section 8,
article IX thereof; and further amending said article by adding
thereto a new section, designated section 8a, all relating to the
formation and reformation of counties; authorizing the Legislature
to reconfigure county lines; numbering and designating such
proposed amendment; and providing a summarized statement of the
purpose of such proposed amendment.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Sharpe:
Senate Joint Resolution No. 7-Proposing an amendment to the Constitution of the State of West Virginia, amending section 51,
article VI thereof, relating to the judiciary; budget and
supplementary appropriation bills; authority of the Legislature to
increase or diminish the judiciary budget; numbering and
designating the proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
Referred to the Committee on Finance.
Senators Edgell, Unger and Jenkins offered the following
resolution:
Senate Concurrent Resolution No. 3-Requesting the Joint
Committee on Government and Finance study public school dress codes
and the use of school uniforms.
Whereas, Students wearing inappropriate or offensive clothing
to school is a problem in many of our school districts; and
Whereas, There may be social stigma attached to students who
cannot afford or may not be allowed to wear certain stylish
clothing to school; and
Whereas, Many families find the annual purchase of school
clothing to be a financial burden; and
Whereas, Many schools in other states are experimenting with
requiring a uniform dress code or school uniform because it may
affect discipline within the school; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study public school dress codes and the use of school
uniforms; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, 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 McCabe, Unger, Foster and Hunter offered the
following resolution:
Senate Concurrent Resolution No. 4-Requesting the Joint
Committee on Government and Finance study the feasibility of
expanding Tamarack's appeal in the eastern United States by
establishing a greater regional presence.
Whereas, Tamarack attracted nearly three million visitors in
its first five years, approximately 72 percent of whom were
out-of-state residents; and
Whereas, Tamarack purchases products from West Virginia
artisans in all 55 counties and its operations have generated over
$2 million dollars in state sales tax revenue; and
Whereas, Expanding Tamarack's role as an ambassador of the
"Best of West Virginia" to a greater percentage of the population
of the eastern United States would enhance the business of
Tamarack, promote the state's craft and tourism industries, continue to provide jobs and further enhance the image of West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of expanding Tamarack's appeal
in the eastern United States by establishing a greater regional
presence; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, 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 Minard, Unger and Foster offered the following
resolution:
Senate Concurrent Resolution No. 5-
Requesting the Joint
Committee on Government and Finance study the feasibility of
requiring certain insurance carriers to provide credit counseling
and other services.
Whereas, Many West Virginia citizens suffer the consequences
of having received adverse credit scores; and
Whereas, Many West Virginia citizens have received these adverse credit scores erroneously; and
Whereas, Some of the consequences suffered by West Virginia
citizens due to policy rerating based on adverse credit scores
include increased premiums for homeowners' insurance and motor
vehicle liability insurance; and
Whereas, Other consequences suffered by West Virginia citizens
due to adverse credit scores include denials of coverage for
homeowners' and motor vehicle insurance; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of requiring certain insurance
carriers to provide credit counseling and other services; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, 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 Love and White offered the following resolution:
Senate Concurrent Resolution No. 6-
Urging the Forest Service
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 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 of the
United States Department of Agriculture to 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, the Chief of the
Forest Service and the Supervisor of the Monongahela National
Forest.
Which, under the rules, lies over one day.
Senators Minard, Deem and Hunter offered the following
resolution:
Senate Concurrent Resolution No. 7-
Requesting the Joint
Committee on Government and Finance study the use of credit scoring
in the insurance underwriting and rate-making process.
Whereas, There is significant public sentiment regarding the
perceived unfair prejudice against certain classes of individuals
resulting from the use of credit scoring in the setting of rates
for insurance products; and
Whereas,
There exists significant evidence that use of credit
scoring is a reliable method of predicting losses and, thereby, is
also an efficient and effective means for properly fixing rates;
and
Whereas,
The insurance underwriting and rate-making process should be permitted to operate in an efficient and effective manner
while insurance consumers are protected from unfair prejudice in
the setting of insurance rates; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the use of credit scoring in the insurance
underwriting and rate-making process; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, 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 Oliverio, Prezioso, Plymale, Kessler, Unger, Bowman,
Edgell, Hunter, Jenkins, Minard, McCabe, Sharpe and Minear offered
the following resolution:
Senate Concurrent Resolution No. 8-
Memorializing Samy E. G.
Elias, former Chair and Professor of Industrial Engineering at West
Virginia University.
Whereas, Samy E. G. Elias was born in Cairo, Egypt, and later
came to the United States in 1956 for graduate study. While an
associate professor at West Virginia University in 1965, Elias developed the West Virginia University-Morgantown Personal Rapid
Transit (PRT) system, a computer-controlled people-mover which
would help the University increase its student population; and
Whereas, In 1972, the PRT was named one of the nation's 10
most outstanding engineering achievements of the year. More
recently, the PRT, which still ranks as a model computerized mass
transit system, was picked as the best overall people-mover by the
New Electric Railway Journal; and
Whereas, For three decades, the PRT has been serving the
transportation needs of West Virginia University students, faculty
and staff, residents of Morgantown, visitors and researchers.
During each semester, 55 vehicles transport about 16,000 passengers
a day. Annually, the fleet of 71 vehicles accumulates more than
800,000 miles and transports over 2 million people while operating
at over 98 percent efficiency without any passenger injuries; and
Whereas, Samy E. G. Elias, whose creative imagination brought
the PRT to its ultimate realization, passed away November 13, 2004;
and
Whereas, It is fitting that the Legislature honor the creator
of the West Virginia University-Morgantown Personal Rapid Transit
system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby memorializes Samy E. G. Elias,
former Chair and Professor of Industrial Engineering at West
Virginia University
;
and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the family of Samy
E. G. Elias, the President of West Virginia University, the Mayor
and City Council of Morgantown, the County Commission of Monongalia
County, West Virginia's congressional delegation and the Governor.
At the request of Senator Oliverio, 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.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, the remarks by Senator Oliverio regarding the
adoption of Senate Concurrent Resolution No. 8 were ordered printed
in the Appendix to the Journal.
Senators Minard, Unger, Helmick, Barnes, Sharpe, Yoder,
Minear, Weeks and Boley offered the following resolution:
Senate Concurrent Resolution No. 9-Requesting the Joint
Committee on Government and Finance study the availability and
affordability of homeowners' insurance.
Whereas,
The state's citizens need available and affordable
homeowners' insurance; and
Whereas,
In this state and across the nation, property and
casualty insurance has become increasingly expensive and difficult
to obtain; and
Whereas,
Insurers are increasing premiums, declining to write new policies and declining to renew existing policies; and
Whereas,
The availability and affordability of homeowners'
insurance are essential for a healthy real estate market and the
ability of the state's citizens to purchase and protect their homes
and possessions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the availability and affordability of
homeowners' insurance; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, 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 McCabe, Unger, Helmick, Sharpe, Barnes, Minard,
Yoder, Minear, Boley and Weeks offered the following resolution:
Senate Concurrent Resolution No. 10-
Requesting the Joint
Committee on Government and Finance study the feasibility of
repealing the current corporate license tax and replacing it with
a fee to be administered by the Secretary of State.
Whereas, The current corporate license tax is archaic, confusing to businesses and difficult to administer; and
Whereas, Streamlining and updating the process to more
accurately reflect the true purpose of the reporting requirement
would be less burdensome to businesses and more efficient; and
Whereas, An annual reporting requirement with an annual fee
could be administered by the Secretary of State to offset the
fiscal impact of the tax being repealed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of repealing the current
corporate license tax and replacing it with a fee to be
administered by the Secretary of State; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, 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 Prezioso, Unger, Hunter, Dempsey, Edgell, Sharpe,
Barnes, Foster, Jenkins and Plymale offered the following
resolution:
Senate Concurrent Resolution No. 11-Requesting the Joint Committee on Government and Finance study the adequacy of current
law in protecting the health and safety of West Virginia's
secondary and post-secondary student athletes participating in
athletic programs and the utilization of athletic trainers and
other professionals and paraprofessionals in connection with sports
programs in West Virginia.
Whereas, The Legislature is charged with protecting the public
interest, as well as student health and safety, and safeguarding
professional practices; and
Whereas, The state has an interest in the control, supervision
and regulation of middle, junior high, secondary and post-secondary
school athletic events, as well as in regulating and monitoring the
practice of professions through licensing boards which are
responsible for ensuring the certification of those professionals
practicing in the profession being regulated; and
Whereas, There is increasing awareness that student athletes
in competitive individual and team sports, in which participation
may result in injury, are at a greater risk of serious injury or
death when athletic trainers and other professionals and
paraprofessionals are not present at practices and athletic events;
and
Whereas, It is the desire of the Legislature to determine the
specific risks to, and the needs of, West Virginia's student
athletes and the appropriate use and qualifications for athletic
trainers and other professionals and paraprofessionals to minimize
risk and address those needs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the adequacy of current law in protecting the
health and safety of West Virginia's secondary and post-secondary
student athletes participating in athletic programs and the
utilization of athletic trainers and other professionals and
paraprofessionals in connection with sports programs in West
Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to study and evaluate the current risks
to our participating student athletes; the experience of our public
schools, colleges and universities in managing these risks and
protecting student health and safety; the current best practices
with respect to utilizing athletic trainers and other professionals
and paraprofessionals at practices and athletic events; the
desirability of promulgating training and certification standards
for athletic trainers and other professionals and
paraprofessionals; and such other related issues as may arise in
the course of this study; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, 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 Chafin offered the following resolution:
Senate Concurrent Resolution No. 12-
Requesting the Division of
Highways name the bridge on Route 49 crossing the Tug Fork River
from Matewan, Mingo County, to Buskirk, Kentucky, the "Michael S.
Justice Bridge".
Whereas, Michael S. Justice, who served with pride and
distinction in the United States Navy, was assigned to the
battleship USS Iowa; and
Whereas, On April 19, 1989, the USS Iowa was engaged in
gunnery exercises 330 miles northeast of Puerto Rico. Suddenly,
there was an explosion and subsequent fire on the second of two
forward turrets at the loading position of the middle gun in the
three-gun turret. As a result of the explosion, 47 sailors were
killed; and
Whereas, Sadly, one of the sailors killed on that terrible day
was West Virginia native Michael S. Justice of Matewan, Mingo
County; and
Whereas, It is fitting that a lasting tribute be paid to the
honor and memory of Michael S. Justice who was killed while in
service to this nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on Route 49 crossing the Tug Fork River from Matewan, Mingo County, to Buskirk, Kentucky, the "Michael S.
Justice Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to make and place signs identifying the bridge as the
"Michael S. Justice Bridge"; 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 Department of Transportation.
Which, under the rules, lies over one day.
Senator Edgell offered the following resolution:
Senate Concurrent Resolution No. 13-
Requesting the Division of
Highways rename the Tallman Bridge at Sellers Run Road, between
Middlebourne and Shiloh, Tyler County, the "E. Glen Moore Memorial
Bridge".
Whereas, E. Glen Moore was a lifelong resident of Tyler
County, West Virginia; and
Whereas, During his life, E. Glen Moore dedicated himself to
the preservation of Tyler County's heritage and history. He was
instrumental in the establishment of the Tyler County Museum, which
is housed in the former Tyler County High School; and
Whereas, E. Glen Moore was also recognized for his positive
influence on the youth of Tyler County, to whom he served as an
outstanding role model; and
Whereas, Even after his passing, E. Glen Moore's unselfish
dedication and commitment to his community continues to inspire
others; and
Whereas, In tribute to the community service of E. Glen Moore,
the Tyler County Commission adopted a resolution, which was
forwarded to the Legislature, requesting the Division of Highways
rename the Tallman Bridge at Sellers Run Road in his honor;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
rename the Tallman Bridge at Sellers Run Road, between Middlebourne
and Shiloh, Tyler County, the "E. Glen Moore Memorial Bridge"; and,
be it
Further Resolved, That the Legislature hereby requests the
Division of Highways have made and be placed signs identifying the
bridge as the "E. Glen Moore Memorial Bridge"; 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 Department of Transportation.
Which, under the rules, lies over one day.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 6:45
p.m. today.
Upon expiration of the recess, the Senate reconvened.
The hour of 7 p.m. having arrived, that being the time set for
the joint assembly to hear the address of His Excellency, the
Governor, the Senate recessed until ten minutes after adjournment
of the joint assembly. Members of the Senate then repaired in a body to the hall of the House of Delegates.
***
(NOTE: For formal procedure in the joint assembly and the
address of His Excellency, the Governor, the Honorable Joe Manchin
III, see the Journal of the House of Delegates for this day.)
__________
Night Session
The joint assembly having been dissolved, the Senate returned
to its chamber and resumed its regular session.
Executive Communications
Senator Tomblin (Mr. President) presented the following
communication from His Excellency, the Governor, submitting the
executive budget and annual budget bill, which was received and
read by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
February 9, 2005
Senate Executive Message No. 1
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
I herewith submit, pursuant to the Constitution of the State
of West Virginia, a budget and budget bill for the fiscal year beginning July 1, 2005.
With warmest regards,
Joe Manchin III,
Governor.
Subsequently, Senator Tomblin (Mr. President) laid before the
Senate the aforementioned annual budget bill,
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 145--A Bill making appropriations of public
money out of the treasury in accordance with section fifty-one,
article VI of the constitution.
Which was read by its title and referred to the Committee on
Finance.
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 10, 2005, at 11 a.m.
____________