(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2005

SEVENTH DAY

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Charleston, W. Va., Tuesday, February 15, 2005

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by Brownie Troop 2403, St. Francis deSales Catholic School, Beckley, West Virginia.
Pending the reading of the Journal of Monday, February 14, 2005,
On motion of Senator Minard, 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 fourth order of business.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 146, Establishing Unborn Victims of Violence Act.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 146) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 146 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Foster and McCabe--2.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 146) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Foster and McCabe--2.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 146) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 153, Relating generally to ethical standards of public officers and employees.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 153) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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 Senators Kessler, Hunter, Foster, Sharpe, Unger and Sprouse:
Senate Bill No. 191--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-5-11, relating to authorizing implementation of modified mental hygiene procedures, including medication and treatment compliance and temporary probable cause orders in certain judicial circuits; and reporting requirement.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Hunter, Sharpe and Unger:
Senate Bill No. 192-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-47, relating to requiring local school boards to reimburse employees for mileage expended in their own vehicle in the course of their employment at a rate consistent with the state mileage reimbursement rate.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Hunter, Jenkins and Sprouse:
Senate Bill No. 193- 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 the 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, Yoder, Foster, Sharpe, Jenkins, Barnes and Unger:
Senate Bill No. 194- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 15-4c; to amend and reenact §11-22-2 of said code; and to amend and reenact §31-18D-5, §31-18D-6, §31-18D-7 and §31-18D-9 of said code, all relating to the West Virginia Affordable Housing Trust Fund generally; imposing a fee of twenty dollars on the transfer of real property in addition to the excise tax imposed on real property transfers; imposing a fee of twenty dollars in addition to the consumers sales tax on sales of mobile homes; dedicating the revenues from the additional fees to the West Virginia Affordable Housing Trust Fund; authorizing expenditures for administrative and operating expenses; changing the composition of the Board of Directors of the West Virginia Affordable Housing Trust Fund by reducing the number of members appointed representing nonprofit organizations; removing the executive director of a public housing authority from membership on the Board; adding additional members representing real estate and manufactured housing groups; reducing the number of votes necessary for Board action; providing that the West Virginia Housing Development Fund shall establish best practices for recipients of trust fund moneys; permitting trust fund moneys to be used for initial operational expenses of local governmental programs to reduce substandard housing or inappropriate land use patterns; and eliminating certain restrictions on application procedures for trust fund moneys.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Love:
Senate Bill No. 195-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-14F-1, §7-14F-2, §7-14F-3, §7-14F-4, §7-14F-5, §7-14F-6, §7-14F-7, §7-14F-8, §7-14F-9, §7-14F-10, §7-14F-11, §7-14F-12, §7-14F-13, §7-14F-14, §7-14F-15, §7-14F-16, §7-14F-17, §7-14F-18, §7-14F-19, §7-14F-20, §7-14F-21, §7-14F-22, §7-14F-23 and §7-14F-24, all relating to creating the West Virginia Division of Corrections Retirement System Act.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Hunter, Jenkins and Unger:
Senate Bill No. 196-- 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 §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6, §5-10E-7, §5-10E-8, §5-10E-9, §5-10E-10, §5-10E-11, §5-10E-12, §5-10E-13, §5-10E-14, §5-10E-15, §5-10E-16, §5-10E-17, §5-10E-18, §5-10E-19, §5-10E-20, §5-10E-21, §5-10E-22, §5-10E-23, §5-10E-24, §5-10E-25, §5-10E-26, §5-10E-27, §5-10E-28, §5-10E-29, §5-10E-30, §5-10E-31, §5-10E-32, §5-10E-33, §5-10E-34 and §5-10E-35, all relating to the Consolidated Public Retirement Board; providing that the Board administer the Emergency Medical Services Retirement System; setting forth that each Board member has a fiduciary obligation to each retirement system and to each member of those retirement systems; clarifying that a Board member is not personally liable for any debt or obligation of the Board unless certain circumstances exist; directing Board members to discharge their duties in accordance with the law governing the retirement systems; and establishing the Emergency Medical Services Retirement System Act.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Unger, Fanning, Helmick, Sharpe, Minear and Jenkins:
Senate Bill No. 197- A Bill to amend and reenact §22-26-5 of the Code of West Virginia, 1931, as amended, relating to the Joint Legislative Oversight Commission on State Water Resources; and membership thereof.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Fanning, Hunter, Jenkins, Oliverio, McKenzie, Yoder, Unger and Barnes:
Senate Bill No. 198- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29- 3-16c, relating to establishing safety standards for bed and breakfast establishments; providing findings relating to the need for special fire code standards for bed and breakfasts; defining the term "bed and breakfast establishment"; providing exemption from certain fire code standards; establishing fire safety standards for bed and breakfasts; prohibiting municipal and local governments from adopting stricter standards; authorizing the Fire Commission to promulgate rules; authorizing variance from certain requirements; and authorizing Division of Culture and History to provide recommendations regarding historical preservation of structures.
Referred to the Committee on the Judiciary.
By Senators Hunter, Jenkins, McKenzie, Kessler, Weeks, Yoder, Unger and Barnes:
Senate Bill No. 199- 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 and §22-27-12, all relating to establishing a program to encourage voluntary reclamation of lands adversely affected by mining 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; 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; and then to the Committee on the Judiciary.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, February 16, 2005, at 11 a.m.
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