(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
EIGHTH DAY
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Charleston, W. Va., Wednesday, February 16, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dr. John R. Sauvage, Oak
Hill United Methodist Church, Oak Hill, West Virginia.
Pending the reading of the Journal of Tuesday, February 15,
2005,
On motion of Senator Jenkins, 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 the following communication from the Joint
Committee on Government Operations:
WEST VIRGINIA LEGISLATURE
JOINT COMMITTEE ON GOVERNMENT OPERATIONS
CHARLESTON
February 16, 2005
West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
Pursuant to §4-10-12 we hereby transmit to you this copy of
the annual report of the Joint Standing Committee on Government
Operations.
Sincerely,
Edwin J. Bowman,
Senate,
Cochair,
J. D. Beane,
House of Delegates,
Cochair.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the fourth order of business.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 122, Allowing certain state-chartered banks to
organize as limited liability companies.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
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. 154, Relating to beneficial use of water
treatment plant sludge.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 154 (originating in the
Committee on the Judiciary)--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 legislative
rules.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 154), under the original
double committee reference, was then referred to the Committee on
Finance.
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 Tomblin (Mr. President), White, Bailey, Edgell,
Unger, Love, Helmick, Minard, Minear, Harrison, Chafin, Facemyer,
Caruth, Boley, Weeks, Yoder, Kessler, Deem, Guills, Sprouse,
McCabe, Hunter, Barnes, Jenkins, Foster, Dempsey, Fanning and
Sharpe:
Senate Bill No. 200--A Bill to amend and reenact §49-5D-3a of
the Code of West Virginia, 1931, as amended, relating to
prohibiting out-of-state placements unless out-of-state treatment
or service is in the best interests of the child or that the needed
treatment or service is not available in the state.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bailey, Foster, Sharpe and Minear:
Senate Bill No. 201--A Bill to amend and reenact §11-21-12c of
the Code of West Virginia, 1931, as amended, relating to
establishing a one hundred-dollar tax credit for long-term care
insurance premiums; and establishing an itemized deduction for up
to one thousand dollars for the rest of the premiums.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Unger, Sprouse, McCabe, Sharpe and Jenkins:
Senate Bill No. 202--A Bill to amend and reenact §21A-6-3 of
the Code of West Virginia, 1931, as amended, relating to unemployment compensation generally; and eliminating reductions in
unemployment compensation for persons receiving benefits under
Title II of the Social Security Act.
Referred to the Committee on Finance.
By Senators Oliverio, Foster and Jenkins:
Senate Bill No. 203--A Bill to amend and reenact §17C-15-46 of
the Code of West Virginia, 1931, as amended, relating to the use of
child safety booster seats for children under eight years of age
unless the child is at least four feet nine inches tall or taller.
Referred to the Committee on Transportation and
Infrastructure.
By Senator McKenzie:
Senate Bill No. 204--A Bill to amend and reenact §15-12-2 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §49-5-1, §49-5-2, §49-5-10 and §49-5-18 of said code, all
relating to lowering the age of criminal responsibility from age
eighteen to age fifteen; requiring that a sex offender under the
age of eighteen be required to register as a sex offender; and
repealing provisions of the law that require placing the juvenile
records of violent offenders, sexual offenders and driving under
the influence offenders under seal.
Referred to the Committee on the Judiciary.
By Senator McKenzie:
Senate Bill No. 205--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, §30-41-11,
§30-41-12, §30-41-13 and §30-41-14, all relating to the creation of
a Board of Examiners in Marriage and Family Counseling.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Sprouse, Harrison and Weeks:
Senate Bill No. 206--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §10-3-3, relating to prohibiting the renaming or
rededication of certain monuments and memorials.
Referred to the Committee on Government Organization.
By Senators Jenkins, Edgell, McCabe, Boley and Harrison:
Senate Bill No. 207--A Bill to amend and reenact §5-10-18 of
the Code of West Virginia, 1931, as amended, relating to providing
for the termination of Jobs for West Virginia's Graduates'
membership in the Public Employees Retirement System; extending the
time period for members to purchase previously forfeited credited
service; effective dates; and specifying interest rate.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
Senators Tomblin (Mr. President), Sharpe and Dempsey offered
the following resolution:
Senate Concurrent Resolution No. 14--Requesting the Division
of Highways name the new bridge at Peytona, Boone County, the
"Charles R. Carrico Memorial Bridge".
Whereas, Charles R. Carrico was born August 21, 1925, in Williamson, Mingo County; and
Whereas, Charles R. Carrico, who was a resident of Boone
County, joined the United States Army on November 4, 1943. He
received his training at Fort Thomas, Kentucky; Fort Riley, Kansas;
and Camp Bowie, Texas; and
Whereas, Private First Class Charles R. Carrico served in the
European Theatre during World War II. He was wounded in battle in
Germany for which he received the Purple Heart; and
Whereas, On April 16, 1945, PFC Charles R. Carrico was killed
in action in Hogenbak, Germany; and
Whereas, It is fitting to name the new bridge at Peytona,
Boone County, in honor of PFC Charles R. Carrico for his 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 new bridge at Peytona, Boone County, the "Charles R.
Carrico Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Charles R. Carrico 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.
Senators Sprouse, Bowman, Sharpe, Bailey, McCabe, Foster,
Dempsey and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 15--Requesting the Division
of Highways name the bridge south of toll barrier C on the West
Virginia Turnpike at Sharon, Kanawha County, the "Tony DeRaimo
Memorial Bridge".
Whereas, The Honorable Tony DeRaimo, a former coal miner,
served the Senate of West Virginia with dedication and pride for 23
years and served nine years as the Sergeant at Arms; and
Whereas, The Honorable Tony DeRaimo also served the citizens
of eastern Kanawha County through his participation in many civic
activities, especially the establishment of the Cabin Creek Health
Clinic in Dawes, West Virginia. He was extremely proud to have
served as a member of the board and as treasurer for this
worthwhile service to the citizens of the Cabin Creek community;
and
Whereas, The Honorable Tony DeRaimo passed away on January 10,
2004. His memory and dedicated service to the Senate will long be
remembered; and
Whereas, It is fitting that a lasting tribute be paid to such
an outstanding gentleman as Tony DeRaimo, former coal miner, public
servant and Senate Sergeant at Arms; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge south of toll barrier C on the West Virginia
Turnpike at Sharon, Kanawha County, the "Tony DeRaimo Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge
as the "Tony DeRaimo 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.
Senators Foster and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 16--Encouraging the Bureau
for Public Health to work collaboratively with health care
providers and consumer advocates throughout the State of West
Virginia in the fight against chronic kidney disease.
Whereas, Chronic kidney disease is a debilitating condition
that affects one in nine Americans; and
Whereas, Estimates indicate that approximately 60,000 West
Virginians are likely to have moderate to severe kidney
insufficiency; and
Whereas, This disease progresses in five identifiable stages
from minor or moderate loss of kidney function to kidney failure in
which the body can no longer process certain toxins or properly
regulate blood pressure or critical nutrients; and
Whereas, In Stage Five of the disease, known as end-stage
renal failure, the patient must undergo dialysis several times a
week or receive a kidney transplant; and
Whereas, According to the most recent report from the United
States Renal Data System Annual Report, diabetics suffer from
chronic kidney disease at five times the overall rate of chronic kidney disease in the United States; and
Whereas, Persons over age 65 develop advanced kidney failure
nearly three times the rate of those younger than age 65; and
Whereas, Chronic kidney disease is projected to cost the
national health care system $20 billion by the year 2010; and
Whereas, Following years of research, clinicians now have a
simple and cost-effective means of identification and diagnosis of
chronic kidney disease in its early stages and its associated
morbidities, including cardiovascular disease which could save the
lives of countless West Virginians, improve patient quality of
life, delay the onset of end-stage renal failure and reduce health
care expenditures; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby encourages the Bureau for Public
Health work collaboratively with health care providers and consumer
advocates throughout the State of West Virginia in the fight
against chronic kidney disease; and, be it
Further Resolved, That the Legislature hereby encourages the
Bureau for Public Health develop a plan for early identification,
evaluation and management of patients with chronic kidney disease;
and, be it
Further Resolved, That the Legislature hereby encourages the
Bureau for Public Health prepare information for physicians and
other health care providers regarding generally accepted guidelines
of clinical care in the early identification and clinical
management of individuals at the highest risk for chronic kidney disease; 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 Health and Human Resources.
At the request of Senator Foster, 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 Jenkins, and by
unanimous consent, the remarks by Senator Foster regarding the
adoption of Senate Concurrent Resolution No. 16 were ordered
printed in the Appendix to the Journal.
Senators Tomblin (Mr. President), 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 and Yoder offered
the following resolution:
Senate Resolution No. 6--Designating February 16, 2005, as
"Children's Day".
Whereas, West Virginia's children are the state's most
precious resource and it is our responsibility as a community to
care for, protect and nurture our children; and
Whereas, It is our responsibility to promote the health, well-
being and education of our children as we prepare them for the
challenges of adult life; and
Whereas, It is our responsibility to involve ourselves in
seeking opportunities to serve the needs of our children in order
to help them achieve their highest potential; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 16, 2005, as
"Children's Day"; and, be it
Further Resolved, That the Senate recognizes its
responsibility to the children of West Virginia and its commitment
to their preparation for a productive future; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials with the
Coalition for West Virginia's Children.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
The Senate proceeded to the ninth order of business.
Senate Bill No. 153, Relating generally to ethical standards
of public officers and employees.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
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, Thursday, February 17, 2005, at 11 a.m.
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