(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
SECOND DAY
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Charleston, W. Va., Thursday, February 10, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Father Leon Alexander,
Blessed Sacrament Church, South Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, February 9,
2005,
On motion of Senator Lanham, 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.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit Senator Prezioso to address the Senate and
introduce Krista Farley, Executive Director of West Virginia on the
Move.
Upon expiration of the recess, the Senate reconvened and
proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Kessler, McKenzie, Edgell, Bailey, Unger, Love,
Hunter, Tomblin (Mr. President), Chafin, Barnes, Boley, Jenkins,
Minard, Helmick, Sprouse, Dempsey, Oliverio, Harrison, Prezioso,
Weeks, Sharpe, Minear, Guills, Bowman, Caruth, Plymale and
Facemyer:
Senate Bill No. 146--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-30, relating to creating the "Unborn Victims of
Violence Act"; defining certain terms; identifying offenses of
violence against a person that are committed against a pregnant
woman or her embryo or fetus in the womb; establishing that an
embryo or fetus in the womb may be a separate and distinct unborn
victim in the case of certain violent crimes against a pregnant
woman or her embryo or fetus in the womb; providing exceptions
against the application of said section to certain persons or
entities; specifying penalties; and providing that a conviction
under said section, or of said article, is not a bar to prosecution
of, or punishment for, any other crime allegedly committed by the
defendant arising from the same incident.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 147--A Bill to amend and reenact §60A-2-212 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§60A-3-302 and §60A-3-308 of said code; to amend and reenact §60A-
4-401 of said code; to amend said code by adding thereto a new section, designated §60A-4-411a; and to amend and reenact §60A-9-3,
§60A-9-4 and §60A-9-5 of said code, all relating to limiting the
purchase of substances used in the production of methamphetamine;
providing that certain substances containing ephedrine,
pseudoephedrine or phenylpropanolamine, their salts or optical
isomers, or salts of optical isomers are Schedule V substances;
limiting access to such substances; providing procedures for
purchasing such substances from pharmacists or licensed pharmacy
technicians; providing for the registration of every wholesaler,
manufacturer or distributor of certain drug products containing
such substances; creating a central repository regarding the
reporting of information related to such substances; and providing
for penalties.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 148--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §55-2-1b, relating to precluding a party from asserting
an adverse possession claim in a boundary dispute where the
claimant holds color of title through a residue deed.
Referred to the Committee on the Judiciary.
By Senator Plymale:
Senate Bill No. 149--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-3-9a, relating generally to payment in lieu of property tax agreements; prescribing uniform minimum reporting and
content requirements for payment in lieu of tax agreements;
requiring that agreements be filed in county clerk's office and
with Chief Inspector and Secretary of Tax and Revenue and updated
annually; requiring that local levying bodies approve payment in
lieu of tax agreements; permitting Chief Inspector to specify
content of agreement and summaries by procedural rules; specifying
method for allocation and distribution of payments in lieu of
property taxes, whether payment is received in money or other
property; specifying how in lieu of property tax payments received
by a board of education are treated for purpose of state school aid
formula; defining certain terms; specifying when and how these
rules apply and exempting certain agreements from their
application; and providing effective dates.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Hunter and Love:
Senate Bill No. 150--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §20-2-46n, relating to establishing a primitive weapons
deer season; and providing for the issuance of a primitive weapons
deer hunting license.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Hunter:
Senate Bill No. 151--A Bill to amend and reenact §17C-1-30 of the Code of West Virginia, 1931, as amended, relating to including
a person with a disability using an electric scooter incapable of
speed in excess of eight miles an hour as an alternative to a
wheelchair within the definition of a pedestrian for the purposes
of traffic regulation and laws of the road.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Hunter and Oliverio:
Senate Bill No. 152--A Bill to amend and reenact §2-2-1 of the
Code of West Virginia, 1931, as amended, relating to permitting
county commissions to alter, in a certain manner, the observance of
legal holidays for county employees.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
Senators Foster, Prezioso, Plymale, Fanning, Caruth, Sharpe,
Weeks, Bailey, Jenkins, McCabe, Edgell, White, Barnes, Unger,
Hunter, Tomblin (Mr. President), McKenzie, Oliverio, Minear, Love,
Dempsey, Bowman, Minard, Deem, Sprouse, Facemyer and Harrison
offered the following resolution:
Senate Resolution No. 5--Promoting the "West Virginia on the
Move" program.
Whereas, West Virginia is ranked first in the nation with the
highest rate of obesity prevalence at 27.6 percent and medical
evidence suggests that obesity is a leading factor in several
serious health conditions, including heart disease, diabetes and
hypertension; and
Whereas, Medical evidence also suggests that obesity is
caused, in part, by a severe lack of physical activity and 28.4
percent of West Virginians report no leisure-time physical
activity; and
Whereas, In order to promote increased physical activity,
communities throughout the state are encouraged to sponsor a "West
Virginia on the Move" program; and
Whereas, In order to promote the "West Virginia on the Move"
program, the members and staff of the Senate and House of
Delegates, along with the Governor and his staff, have agreed to
take part in a walking competition beginning the first Monday of
the Regular Session of the 77th Legislature; and
Whereas, On the sixtieth day of the Regular Session of the
77th Legislature the group with the greatest activity level, with
consideration to the differences in the number of individuals
participating from each entity, will receive the first annual
"Leaders on the Move" award which will be displayed in the office
of the presiding officer of the winning chamber or the Governor's
office; therefore, be it
Resolved by the Senate:
That the Senate hereby promotes the "West Virginia on the
Move" program; and, be it
Further Resolved, That the Senate is committed to encouraging
West Virginians to become physically active by initiating the "West
Virginia on the Move" program; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Governor and the Speaker of the
House of Delegates.
At the request of Senator Foster, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Petitions
Senator Fanning presented a petition from Charles H. Matney
and numerous West Virginia residents, supporting Senate Bill No.
109 (Authorizing crossbow hunting for disabled persons).
Referred to the Committee on Natural Resources.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 3, Requesting Joint Committee
on Government and Finance study public school dress code and use of
uniforms.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 4, Requesting Joint Committee
on Government and Finance study expanding appeal of Tamarack in
eastern United States.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 5, Requesting Joint Committee
on Government and Finance study requiring certain insurance
carriers provide credit counseling.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 6, Urging Forest Service of
United States Department of Agriculture plan and develop trails for
off-highway vehicles in Monongahela National Forest.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural
Resources.
Senate Concurrent Resolution No. 7, Requesting Joint Committee
on Government and Finance study use of credit scoring in insurance
underwriting and rate-making process.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 9, Requesting Joint Committee
on Government and Finance study homeowners' insurance.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 10, Requesting Joint
Committee on Government and Finance study replacing corporate
license tax.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 11, Requesting Joint
Committee on Government and Finance study protecting health and
safety of student athletes.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 12, Requesting Division of Highways name bridge on Route 29 at Matewan "Michael S. Justice
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 13, Requesting Division of
Highways rename Tallman Bridge at Sellers Run Road, Tyler County,
"E. Glen Moore Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 11, 2005, at 11 a.m.
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