(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
THIRD DAY
____________
Charleston, W. Va., Friday, February 11, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Ron Schlak, Trinity
Evangelical Lutheran Church, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, February 10,
2005,
On motion of Senator Facemyer, 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 Senate then 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 Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 153-A Bill to amend and reenact §6B-2-4 and §6B-2-10 of the Code of West Virginia, 1931, as amended, all
relating generally to the ethical standards of public officers and
employees; providing for confidentiality requirements as to Ethics
Commission members and staff, the Review Board, complainants and
informants; prohibiting the submission of false information to the
Commission; and providing for penalties.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 154-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §22-
15-23, relating to the beneficial use of water treatment plant
sludge; and requiring promulgation of emergency and legislative
rules.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Hunter, Dempsey and White:
Senate Bill No. 155-
A Bill to amend and reenact §18-5-22 of
the Code of West Virginia, 1931, as amended, relating to changing
the required ratio of school nurses in each county from one nurse
per every one thousand five hundred students in kindergarten
through seventh grade to one nurse per every seven hundred fifty in
preschool through twelfth grade.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators McCabe and Minear:
Senate Bill No. 156-
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 Boley:
Senate Bill No. 157-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §49-
6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49-6F-6 and §49-6F-
7, all relating to the establishment of a Citizen Review Panel to
review the procedures of Child Protective Services; providing for
the composition and duties of membership; providing for
confidentiality requirements; providing for expense reimbursement;
providing for civil penalties; and providing for immunity from
liability.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe, Bowman, Plymale, Tomblin (Mr. President),
Foster, Hunter, Barnes, Minard and Jenkins:
Senate Bill No. 158-
A Bill to amend and reenact §8-8-1, §8-8-
2, §8-8-3, §8-8-4, §8-8-5, §8-8-6, §8-8-7, §8-8-8, §8-8-9, §8-8-10, §8-8-11, §8-8-12, §8-8-13, §8-8-14, §8-8-15, §8-8-16, §8-8-17, §8-
8-18, §8-8-19, §8-8-20, §8-8-21, §8-8-22, §8-8-23, §8-8-24, §8-8-
25, §8-8-26, §8-8-27 and §8-8-28 of the Code of West Virginia,
1931, as amended, all relating to the authority of existing
municipalities in West Virginia to consolidate; providing for the
procedure which must be followed by municipalities in order to
accomplish a consolidation; setting forth the rights and
obligations of a municipality following a consolidation; and the
effect of a consolidation upon the consolidating municipalities and
the newly consolidated entity.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President), McCabe, Bowman, Plymale,
Barnes, Foster, Minard, Unger and Jenkins:
Senate Bill No. 159-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §8-
8A-1, §8-8A-2, §8-8A-3, §8-8A-4, §8-8A-5, §8-8A-6, §8-8A-7, §8-8A-
8, §8-8A-9, §8-8A-10, §8-8A-11, §8-8A-12, §8-8A-13, §8-8A-14, §8-
8A-15, §8-8A-16, §8-8A-17, §8-8A-18, §8-8A-19, §8-8A-20, §8-8A-21
and §8-8A-22, all relating to the formation of metro government;
definitions; purpose; metro government charter commission; method
of selecting members of the charter commission; organization of
charter commission; preparation of proposed charter; contents of
the charter; public hearings; notice; governing bodies of county
and municipalities approve or disapprove; referendum on proposed
charter; election; effect of adoption or rejection of the proposed
charter; matters involving public education not affected; rules, ordinances and resolutions of metro government; responsibility for
existing liabilities; change of property ownership; federal and
state aid; taxes; courts and judicial functions; amendment of
charter; creation of municipality after charter commission created;
subsequent inclusion of municipality in metro government;
referenda; and consolidation with county wherein majority of
municipal territory lies.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President), McCabe, Bowman, Plymale,
Barnes, Minard, Foster and Jenkins:
Senate Bill No. 160-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §8-
8B-1, §8-8B-2, §8-8B-3, §8-8B-4, §8-8B-5, §8-8B-6, §8-8B-7, §8-8B-8
and §8-8B-9, all relating to county consolidation; purpose;
providing for the creation of a county consolidation committee;
creating a government consolidation fund; county consolidation
committee meetings; consolidation proposal requirements; proposal
content and voting; requiring special election; and providing a
process for consolidation.
Referred to the Committee on Government Organization.
By Senators Bailey, Love, Helmick, Edgell, Dempsey, Plymale,
Kessler, Hunter, Chafin, Yoder and Barnes:
Senate Bill No. 161-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §17C-
7-14, relating to traffic regulations; prohibiting driving in the
passing lane of a highway where the speed limit is sixty-five miles per hour or more unless passing other vehicles, turning left or
unless the volume of traffic does not permit the vehicle to safely
merge into the nonpassing lane; and providing a misdemeanor penalty
for violations.
Referred to the Committee on Transportation and
Infrastructure.
By Senators McCabe, Plymale and Unger:
Senate Bill No. 162-A Bill to amend and reenact §5E-1-8 of the
Code of West Virginia, 1931, as amended, relating to modifying the
time period in which the authority may allocate tax credits
available under the Capital Company Act during the fiscal year
beginning on the first day of July, two thousand four.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Bailey, Chafin, Edgell, Love, Helmick, McCabe,
Hunter, Foster, Jenkins, Kessler, Dempsey, Minard and Barnes:
Senate Bill No. 163-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §11-
14D-1, §11-14D-2 and §11-14D-3, all relating to imposing a one cent
per gallon tax on off-road diesel and heating fuel, as well as a
one-half percent tax on the consumption of propane, electricity and
natural gas, with the proceeds of these taxes to help the needy by
supplementing the United States Department of Energy Weatherization
Program, by helping the needy pay fuel bills and by supporting a
program to help pay for prescription drugs for senior citizens.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators McCabe, Barnes and Unger:
Senate Bill No. 164-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-15-9i, relating to consumers sales and service tax; and
creating exemptions for e-commerce vendors, computer hardware and
software developers, internet service companies, electronic data
processors, educational software, internet advertising and other
e-commerce and high-technology companies.
Referred to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 165-
A Bill to amend and reenact §61-5-29 of
the Code of West Virginia, 1931, as amended, relating to child
support generally; and reducing the monetary threshold for support
arrearage misdemeanor and felony offenses.
Referred to the Committee on the Judiciary.
Petitions
Senator Weeks presented a petition from David P. Morgan and
numerous Raleigh County residents, urging the Legislature to repeal
the authority of county health departments to ban smoking private
businesses.
Referred to the Committee on Health and Human Resources.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Harrison, Prezioso and Hunter.
Thereafter, at the request of Senator Weeks, and by unanimous
consent, the remarks by Senator Harrison were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
Senator Chafin called attention to today being the birthday of
Henry D. Winnell, Administrative Assistant to the Clerk, and on
behalf of the Senate extended felicitations and good wishes to
Henry D. Winnell, with Senator Sharpe leading the members in
singing "Happy Birthday".
On motion of Senator Chafin, the Senate adjourned until
Monday, February 14, 2005, at 11 a.m.
____________