(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
SIXTH DAY
____________
Charleston, W. Va., Monday, February 14, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Elder Joel Watts, The Church of Jesus
Christ, Ohley, West Virginia.
Pending the reading of the Journal of Friday, February 11,
2005,
On motion of Senator Sharpe, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Clerk presented a communication from the Department of
Environmental Protection, submitting its annual Special Reclamation
Fund Advisory Council report, in accordance with chapter twenty-
two, article one, section seventeen of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Commission for National and Community Service, submitting its
annual report as required by chapter five, article twenty-six-a, section four of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate 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 Senator Tomblin (Mr. President):
Senate Bill No. 166--A Bill authorizing the Department of
Administration to sell 2.25 acres of land, together with the
improvements thereon, situate at Crites, on Buffalo Creek, in
Triadelphia tax district, Logan County.
Referred to the Committee on Finance.
By Senators White and Hunter:
Senate Bill No. 167--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13V-1, §11-13V-2, §11-13V-3, §11-13V-4, §11-13V-5,
§11-13V-6, §11-13V-7, §11-13V-8, §11-13V-9, §11-13V-10, §11-13V-11,
§11-13V-12, §11-13V-13, §11-13V-14, §11-13V-15, §11-13V-16,
§11-13V-17, §11-13V-18, §11-13V-19, §11-13V-20 and §11-13V-21, all
relating to taxation generally; setting forth short title; setting
forth legislative findings; defining terms; specifying method for
determining tax attributable to qualified investment; specifying
eligibility for tax credit; specifying procedures for application
for certification and for certification of project plans;
specifying limitations on certification and criteria for certification; specifying applications for certification are public
information; specifying procedures and criteria for decertification
of projects or withdrawal or suspension of certification of
projects or decrease of amounts of credit or qualified investment
for which a project is certified; providing for audits and
investigations; specifying confidentiality of certain information;
providing for a project administration allowance to be deposited in
a revolving fund for use by the Division of Tourism; establishing
the Small Tourism Business Fund as a revolving fund; providing for
a tax administration allowance to be deposited in a revolving fund
for use by the Tax Department; establishing the General Tax
Administration fund as a revolving fund; specifying method for
determining qualified investment; specifying amount of tax credit
allowed; setting forth application of credit; specifying method for
assertion of credit and filings; specifying requirements for
reporting of credit; setting forth total maximum aggregate tax
credit limitation; specifying forfeiture of unused tax credits;
specifying redetermination of credit; specifying recapture of
credit; specifying treatment for premature disposition of qualified
property; specifying treatment for premature cessation of use of
qualified property; specifying recapture tax; specifying imposition
of recapture tax; specifying application of the West Virginia Tax
Procedure and Administration Act to the recapture tax; setting
forth rules for transfer of qualified property to successors;
specifying treatment of successor businesses where predecessor is
entitled to the credit; specifying treatment of a mere change in the form of doing business; requiring and specifying identification
of qualified tourism development property; specifying rules for
failure to keep adequate records; specifying certain credit
information to be published as public information; authorizing
audits and joint audits or examinations of taxpayers claiming the
credit and certain other persons; requiring program evaluation;
setting forth expiration date for the tax credit program;
specifying preservation of vested entitlements; specifying general
procedure and administration and adoption of the West Virginia Tax
Procedure and Administration Act as applying to the tax credit; and
authorizing promulgation of regulations.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Fanning:
Senate Bill No. 168--A Bill to amend and reenact §5-16-7 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §33-15-4i; to amend said
code by adding thereto a new section, designated §33-16-3s; to
amend said code by adding thereto a new section, designated
§33-24-7i; to amend said code by adding thereto a new section,
designated §33-25-8g; and to amend said code by adding thereto a
new section, designated §33-25A-8h, all relating to insurance
coverage for acupuncture treatment generally; and providing
insurance coverage under the Public Employees Insurance Act and
certain other insurance policies for acupuncture treatment
performed by a licensed acupuncturist.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Chafin and Fanning:
Senate Bill No. 169--A Bill to amend and reenact §18B-1A-6 of
the Code of West Virginia, 1931, as amended, relating to adding
Bluefield State College to those colleges which may meet the need
for graduate education in its region.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Chafin and Foster:
Senate Bill No. 170--A Bill to amend and reenact §18-2-6a of
the Code of West Virginia, 1931, as amended, relating to specifying
beverages allowed to be sold or furnished in schools.
Referred to the Committee on Education.
By Senator Boley:
Senate Bill No. 171--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §49-2B-18, relating to a foster parents bill of rights.
Referred to the Committee on the Judiciary.
By Senators Sprouse and Barnes:
Senate Bill No. 172--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-42-9, relating to providing that health care
providers, health care institutions or health care payers are not
required to participate in abortion procedures that violate their
respective consciences; providing immunity for health care providers, institutions and payers for refusing to participate in
abortion procedures; prohibiting discrimination against health care
providers, institutions and payers that refuse to participate in
abortion procedures; prohibiting the denial of assistance payments
due to a refusal to participate in abortion procedures; and
providing civil penalties for violations of said section.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard and Jenkins:
Senate Bill No. 173--A Bill to amend and reenact §33-31-1,
§33-31-2, §33-31-4, §33-31-6 and §33-31-8 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto three new sections, designated §33-31-26, §33-31-27 and
§33-31-28, all relating to captive insurance companies; providing
for sponsored captive insurance companies; requiring qualifications
of sponsors; and providing who may participate in sponsored captive
insurance companies.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Oliverio and Unger:
Senate Bill No. 174--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5,
§30-41-6, §30-41-7, §30-41-8, §30-41-9, §30-41-10 and §30-41-11,
all relating to establishment of the Athletic Training Licensure
Act of Two Thousand Five; providing for licensure of athletic trainers; defining the practice of athletic training and athletic
injury; establishing the Athletic Trainers' Licensure Board;
providing for operation of the Board; providing fees and costs
associated therewith; setting forth the powers and duties of the
Board; providing for educational and licensing requirements for
practice as an athletic trainer; providing continuing education;
providing enforcement powers and procedures; providing penalties;
and providing exemptions, including provisions exempting licensed
medical practitioners, student athletic trainers and
state-certified athletic trainers practicing in secondary school
settings.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator White:
Senate Bill No. 175--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-7-24; to amend and reenact §50-1-14 of said code; to
amend and reenact §51-2A-6 of said code; to amend and reenact §51-
3-5 of said code; and to amend and reenact §61-3-39h of said code,
all relating to the creation, funding and implementation of the
"Part-Time Bailiff Program".
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Facemyer:
Senate Bill No. 176--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §16-4C-14a, relating to authorizing emergency medical
technicians to administer epinephrine to persons suffering from an
allergy attack.
Referred to the Committee on Health and Human Resources.
By Senators White and Foster:
Senate Bill No. 177--A Bill to amend and reenact §18B-2A-1 of
the Code of West Virginia, 1931, as amended, relating to adding the
President of West Virginia University Institute of Technology to
the Board of Governors.
Referred to the Committee on Education.
By Senators Love, Sharpe, White, Yoder, Hunter and Foster:
Senate Bill No. 178--A Bill to amend and reenact §28-5-27 of
the Code of West Virginia, 1931, as amended, relating to good time
for inmates of correctional institutions; providing that good time
may be credited presumptively at the beginning of an inmate?s
sentence and that all of an inmate?s good time is subject to
forfeiture and revocation for violation of disciplinary rules; and
providing credit of good time for certain youthful offenders.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 179--A Bill to amend and reenact §5F-1-2 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§5F-2-1 of said code; to amend said code by adding thereto a new
section, designated §5F-2-7; to amend and reenact §6-7-2a of said
code; to amend and reenact §9-1-2 of said code; to amend and
reenact §9-2-1a of said code; to amend and reenact §16-1-2 of said code; to amend and reenact §16-5P-7 of said code; to amend and
reenact §16-5S-5 of said code; to amend and reenact §16-22A-3 of
said code; to amend and reenact §16-29D-3 of said code; to amend
and reenact §16-29E-2 and §16-29E-3 of said code; to amend and
reenact §18-10K-2 of said code; to amend and reenact §33-25B-2 of
said code; to amend and reenact §33-25D-29 of said code; to amend
said code by adding thereto a new section, designated §48-1-220a;
to amend and reenact §48-1-236 of said code; to amend and reenact
§48-26-501, §48-26-502 and §48-26-503 of said code; to amend and
reenact §49-1-4 of said code; to amend and reenact §49-4-1, §49-4-4
and §49-4-5 of said code; to amend and reenact §49-4A-2, §49-4A-5
and §49-4A-6 of said code; to amend and reenact §49-5D-5 of said
code; and to amend and reenact §49-7-1 and §49-7-30 of said code,
all relating to dividing the Department of Health and Human
Resources into the Department of Health and the Department of Human
Resources.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Dempsey, White and Barnes:
Senate Bill No. 180--A Bill to amend and reenact §18A-2-9 of
the Code of West Virginia, 1931, as amended, relating to hiring of
assistant principals; and the minimum employment terms for
principals, assistant principals and secretaries.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Yoder, Chafin, Unger, Barnes and Plymale:
Senate Bill No. 181--A Bill to amend and reenact §51-2-13 of
the Code of West Virginia, 1931, as amended, relating to providing
that salaries of state circuit judges shall be seventy percent of
the salaries of federal district court judges; and that circuit
court judges' salaries shall, in the future, be adjusted
simultaneously to reflect a sum equal to seventy percent of any
future adjustments to federal district court judges' salaries.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Love, Sharpe, White, Yoder and Hunter:
Senate Bill No. 182--A Bill to amend and reenact §62-12-19 of
the Code of West Virginia, 1931, as amended, relating generally to
parole and parole proceedings; providing that certain persons who
have been released on parole three times and had their parole
revoked are not eligible for further release on parole; authorizing
the Parole Board to hire hearing examiners; and authorizing the
Commissioner of the Division of Corrections to issue subpoenas for
persons and records necessary to prove a violation of the terms and
conditions of a parolee's parole.
Referred to the Committee on the Judiciary.
By Senators Love, Sharpe, White, Yoder, Hunter and Unger:
Senate Bill No. 183--A Bill to amend and reenact §25-1-3a of
the Code of West Virginia, 1931, as amended, relating to inmate
accounts and property; and authorizing the warden of a correctional
facility to allow an inmate to withdraw money from the inmate's
mandatory savings account for the purpose of preparing the inmate for reentry into society.
Referred to the Committee on the Judiciary.
By Senators Love, Sharpe, White, Yoder and Hunter:
Senate Bill No. 184--A Bill to repeal §28-5-26 of the Code of
West Virginia, 1931, as amended, relating to escape of convicts and
rewards.
Referred to the Committee on the Judiciary.
By Senators Love, Sharpe, White, Yoder and Hunter:
Senate Bill No. 185--A Bill to amend and reenact §62-12-23 of
the Code of West Virginia, 1931, as amended, relating to
notification of parole hearings; victim's right to be heard; and
adding to the crimes committed by an offender for which the
preparation of a parole hearing notification form and notification
of release on parole is required.
Referred to the Committee on the Judiciary.
By Senators Love, Sharpe, White, Yoder, Hunter, Unger and
Foster:
Senate Bill No. 186--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated section §25-1-3c, relating to inmate funds; establishing
a financial responsibility program for inmates; and requiring
wardens to deduct a portion from inmate earnings to be used to
satisfy child support payments and legitimate court-ordered
financial obligations.
Referred to the Committee on the Judiciary.
By Senators Love, Sharpe, White, Yoder and Hunter:
Senate Bill No. 187--A Bill to amend and reenact §62-12-10 of
the Code of West Virginia, 1931, as amended, relating to limiting
the eligibility of a person for parole if the person has violated
the terms and conditions of probation or home incarceration.
Referred to the Committee on the Judiciary.
By Senators Weeks and Yoder:
Senate Bill No. 188--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §7-5B-1, §7-5B-2, §7-5B-3, §7-5B-4, §7-5B-5, §7-5B-6 and
§7-5B-7; to amend said code by adding thereto a new article,
designated §8-13D-1, §8-13D-2, §8-13D-3, §8-13D-4, §8-13D-5,
§8-13D-6 and §8-13D-7; to amend said code by adding thereto a new
section, designated §11-1C-1c; to amend said code by adding thereto
a new section, designated §11-5-15; to amend and reenact §11-6-13,
§11-6-14, §11-6-15, §11-6-18, §11-6-19, §11-6-20, §11-6-21,
§11-6-22 and §11-6-23 of said code; to amend said code by adding
thereto a new section, designated §11-6D-9; to amend said code by
adding thereto a new section, designated §11-6F-7; to amend said
code by adding thereto four new sections, designated §11-8-1a,
§11-8-2a, §11-8-3a and §11-8-23a; to amend and reenact §11-8-4,
§11-8-5, §11-8-6, §11-8-6a, §11-8-6b, §11-8-6c, §11-8-6d, §11-8-6e,
§11-8-6f, §11-8-12, §11-8-12a, §11-8-13, §11-8-16, §11-8-17 and
§11-8-24 of said code; to amend and reenact §11-9-2 of said code;
to amend and reenact §11-10-3 of said code; to amend said code by
adding thereto a new section, designated §11-10-11b; to amend and
reenact §11-12-1, §11-12-26 and §11-12-75 of said code; to amend and reenact §11-13-2e and §11-13-2o of said code; to amend and
reenact §11-13A-2, §11-13A-3 and §11-13A-20a of said code; to amend
and reenact §11-13B-3 of said code; to amend said code by adding
thereto a new section, designated §11-13B-19; to amend said code by
adding thereto a new section, designated §11-13C-17; to amend said
code by adding thereto a new section, designated §11-13D-11; to
amend said code by adding thereto a new section, designated
§11-13E-8; to amend said code by adding thereto a new section,
designated §11-13F-6; to amend said code by adding thereto a new
section, designated §11-13G-6; to amend said code by adding thereto
a new section, designated §11-13J-13; to amend said code by adding
thereto a new section, designated §11-13K-7; to amend said code by
adding thereto a new section, designated §11-13N-13; to amend said
code by adding thereto a new section, designated §11-13Q-22; to
amend said code by adding thereto a new section, designated
§11-13R-13; to amend said code by adding thereto a new section,
designated §11-13S-11; to amend said code by adding thereto a new
section, designated §11-15-34; to amend said code by adding thereto
a new section, designated §11-15A-30; to amend said code by adding
thereto a new article, designated §11-15C-1, §11-15C-2, §11-15C-3,
§11-15C-4, §11-15C-5, §11-15C-6, §11-15C-7, §11-15C-8, §11-15C-9,
§11-15C-10, §11-15C-11, §11-15C-12, §11-15C-13, §11-15C-14,
§11-15C-15, §11-15C-16, §11-15C-17, §11-15C-18, §11-15C-19,
§11-15C-20, §11-15C-21, §11-15C-22, §11-15C-23, §11-15C-24,
§11-15C-25 and §11-15C-26; to amend said code by adding thereto a
new section, designated §11-19-13; to amend said code by adding thereto two new sections, designated §11-21-8i and §11-21-96; to
amend said code by adding thereto a new article, designated
§11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6,
§11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11,
§11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16,
§11-21A-17, §11-21A-18, §11-21A-19, §11-21A-30, §11-21A-31,
§11-21A-32, §11-21A-33, §11-21A-34, §11-21A-35, §11-21A-36,
§11-21A-37, §11-21A-38, §11-21A-51, §11-21A-52, §11-21A-53,
§11-21A-54, §11-21A-55, §11-21A-56, §11-21A-57, §11-21A-58,
§11-21A-59, §11-21A-60, §11-21A-61, §11-21A-71, §11-21A-72,
§11-21A-73, §11-21A-74, §11-21A-75, §11-21A-76, §11-21A-77,
§11-21A-78, §11-21A-79, §11-21A-80 and §11-21A-81; to amend said
code by adding thereto a new section, designated §11-23-29; to
amend said code by adding thereto two new sections, designated
§11-24-23h and §11-24-43; to amend said code by adding thereto a
new section, designated §11-27-37; to amend said code by adding
thereto a new article, designated §11-28-1, §11-28-2, §11-28-3,
§11-28-4, §11-28-5, §11-28-6, §11-28-7, §11-28-8, §11-28-9,
§11-28-10, §11-28-11, §11-28-12, §11-28-13, §11-28-14, §11-28-15,
§11-28-16, §11-28-17, §11-28-18, §11-28-19, §11-28-20 and
§11-28-21; and to amend said code by adding thereto a new section,
designated §17A-3-4a, all relating generally to the comprehensive
reform of the state's tax laws; granting county governments more
flexibility in raising revenues; granting municipalities more
flexibility in raising revenues; providing for the phase-out of ad
valorem taxation of tangible personal property; allocating the revenues from ad valorem taxation of the property of public service
businesses exclusively to the state; prospectively terminating the
alternate-fuel motor vehicle tax credit; prospectively terminating
the special method for appraising qualified capital additions to
manufacturing facilities; revising the allocation of the authority
to lay levies of ad valorem property taxes; extending the
applicability of the Tax Crimes and Penalties Act to general excise
tax, progressive income tax and business activities and profits
tax; extending the applicability of the Tax Procedure and
Administration Act to general excise tax, progressive income tax
and business activities and profits tax; increasing the rate of tax
on corporations with substantial land holdings and providing a
credit against tax for severance taxes paid; phasing out business
and occupation tax on the business of gas storage; phasing down the
rate of business and occupation tax on the business of generating
or selling electricity; terminating the imposition of tax on
certain health care services; phasing out telecommunications tax;
prospectively terminating the credits for business investment and
jobs expansion, industrial expansion and revitalization, research
and development, certain housing development, management
information services facilities, facilities producing coal-based
liquids, aerospace facilities and coal-loading facilities; reducing
electric and natural gas utility rates for low-income customers;
reducing telephone utility rates for low-income residential
customers, neighbor investment and agricultural equipment;
prospectively terminating the economic opportunity, strategic research and manufacturing investment tax credits; preserving the
economic benefit of all terminated credits for taxpayers who gained
entitlement to such credits prior to their termination; terminating
consumers sales and service tax and use tax; imposing general
excise tax; terminating soft drinks tax; terminating personal
income tax; imposing progressive income tax; terminating business
franchise tax; terminating corporation net income tax; phasing out
health care provider tax; imposing business activities and profits
tax; terminating motor vehicle title privilege tax; and providing
an effective date of all such enactments based on the voters'
ratification of the fair taxation amendment to the Constitution of
West Virginia.
Referred to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 189--A Bill to amend and reenact §3-1-17 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§3-5-4 of said code; and to amend and reenact §50-1-1 of said code,
all relating to election of magistrates; providing for numbered
divisions within counties having more than one magistrate for
election purposes only beginning with the primary and general
elections to be held in the year two thousand eight; and providing
for the nomination or election of a candidate for magistrate
receiving the highest number of votes within a division.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Minear, Barnes, Sprouse and Yoder:
Senate Bill No. 190--A Bill to amend and reenact §3-1-16 of the Code of West Virginia, 1931, as amended; to amend and reenact
§3-4A-11 and §3-4A-11a of said code; to amend said code by adding
thereto a new section, designated §3-5-6a; to amend and reenact §3-
5-7, §3-5-13 and §3-5-13a of said code; and to amend said code by
adding thereto a new section, designated §3-6-2a, all relating to
the nonpartisan election of justices of the Supreme Court of
Appeals; timing and frequency of election; ballot design and
printing; separation from partisan ballot; nonpartisan election of
justices; filing announcement of candidacies; withdrawal of
announcement of candidacies; refund of paid filing fees; and ballot
content and form.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Minear and Chafin.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, February 15, 2005, at 11 a.m.
____________