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

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2005

THIRTEENTH DAY

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Charleston, W. Va., Monday, February 21, 2005

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

Prayer was offered by Pastor Chuck Lawrence, Christ Temple Church, Huntington, West Virginia.
Pending the reading of the Journal of Friday, February 18, 2005,
On motion of Senator Fanning, 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.
At the request of Senator Chafin, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant United States military veterans privileges of the floor for the day.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2285--A Bill providing for the payment of the veterans bonus to veterans of the Kosovo, Afghanistan and Iraq conflicts, and for the administration thereof; designating the Division of Veterans Affairs to administer provisions of act; providing powers and duties of the Director of the Division; authorizing adoption of rules and regulations; authorizing appointment of Veterans Advisory Committee; setting forth qualifications to receive bonus; providing definitions; providing for payment of bonus to relatives of deceased veterans; specifying amounts of bonus; setting forth periods to apply and receive bonus; providing for determination of validity of each claim for bonus by Director; providing for a certified list of eligible veterans and relatives of deceased veterans; providing for review of decision of Director by board of review; authorizing appointment of additional boards of review and compensation for members; providing for judicial review of decisions of board of review; creation of veterans bonus fund; exempting bonus from taxation; excluding bonus from certain debt collection actions; prohibiting claim for bonus from assignment; limiting charges for services provided in connection with application for bonus; and prohibiting certain acts and providing criminal penalties therefor.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it 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, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: McKenzie--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2285) 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, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: McKenzie--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2285) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: McKenzie--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2285) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2286--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-8e, relating to the sounding of Taps at veteran's honors funerals; encouraging community service by capable students; making legislative findings and stating purpose; requiring guidelines and distribution of certain information by state board; requiring county board policy and specifying minimum provisions; encouraging county board collaboration with organizations to assist programs; and limiting county board responsibility for certain costs, transportation and liability for supervision.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it 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, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: McKenzie--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 2286) 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, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: McKenzie--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2286) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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 Prezioso, Hunter, Sharpe, Unger, Boley and Foster:
Senate Bill No. 236--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5R-6, relating to training requirements for providers in health facilities on the subject of Alzheimer's disease.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators McCabe, Bailey, Edgell, McKenzie, Kessler and Foster:
Senate Bill No. 237-- A Bill to amend and reenact §7-18-2, §7- 18-9 and §7-18-14 of the Code of West Virginia, 1931, as amended, all relating to the hotel occupancy tax generally; allowing municipalities to increase the rate of tax imposed to six percent; requiring public hearings on proposed increases; listing certain findings; and providing a misdemeanor penalty for members of governing bodies who vote to make expenditures for purposes not specified in said article.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 238--A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to including steel under statutory provisions involving the purchase of scrap metals by various commercial entities; and modifying the criminal provision of the law to require knowing and fraudulent intent.
Referred to the Committee on the Judiciary.
By Senators Bailey, Dempsey, Fanning, Hunter and Harrison:
Senate Bill No. 239-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5 and §29-29-6, all relating to state flood protection planning; providing legislative findings; defining terms; establishing the State Flood Protection Planning Council and authorizing certain duties; establishing State Flood Protection Planning Advisory Committee and setting forth its duties; and establishing a Joint Legislative Oversight Commission on Flooding.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Foster, Sharpe, Prezioso, Fanning, Jenkins, Unger, Sprouse, Hunter, Minear, Barnes and Yoder:
Senate Bill No. 240-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-28, relating to granting state employees thirty days of paid leave time for kidney or liver donation and seven days of paid leave time for bone marrow donation.
Referred to the Committee on Finance.
By Senators Kessler, Helmick, Prezioso, Boley, McKenzie, Jenkins, Minear, White, Barnes, Dempsey, Foster and Hunter:
Senate Bill No. 241-- A Bill to amend and reenact §5-26-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §5-26-7, §5-26-7a and §5-26-7b, all relating to establishing an integrated system of care under the Governor's Cabinet on Children and Families for children and families with, or at risk of, social, emotional and behavioral health needs.
Referred to the Committee on Government Organization ; and then to the Committee on Finance.
By Senators Bailey, Oliverio, Love, McKenzie, Guills, Kessler, Edgell, Fanning and Unger:
Senate Bill No. 242-- A Bill to amend and reenact §50-1-8 and §50-1-9 of the Code of West Virginia, 1931, as amended, all relating to increasing salaries for magistrate clerks, magistrate assistants and magistrate deputy clerks.
Referred to the Committee on the Judiciary ; and then to the Committee on Finance .
Senators Bailey and Dempsey offered the following resolution:
Senate Concurrent Resolution No. 23-- Requesting the Joint Committee on Government and Finance study post-construction stormwater runoff.
Whereas, In recent years, West Virginia residents and businesses have endured repeated flooding in all parts of the state; and
Whereas, The nearly constant rebuilding of West Virginia communities after flooding has a significant impact on the West Virginia economy; and
Whereas, Land development projects affect local watersheds and increase stormwater run-off rates which cause flooding, stream channel erosion, sedimentation problems and increased water-borne pollutants; and
Whereas, Stormwater runoff, soil erosion and nonpoint source pollution can be controlled through the regulation of stormwater runoff from development sites; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study post-construction stormwater runoff; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Edgell, Bailey, Dempsey, Love, Facemyer, Guills, Weeks and White offered the following resolution:
Senate Concurrent Resolution No. 24-- Recognizing and supporting the continued growth and promotion of the apiary industry in the State of West Virginia.
Whereas, In 1987, the West Virginia bee industry was virtually destroyed by disease. Through the hard work of both the Department of Agriculture and dedicated beekeepers throughout the state, the number of bee colonies has increased from 2,000 colonies to around 16,000 colonies since 1995; and
Whereas, With the increase in bee colonies, the number of beekeepers increased from 200 to 1,200--an overall growth of 800 percent in nine years; and
Whereas, During 2004, bee colonies produced over 1.15 million pounds of honey at a resale value of $2,638,000; and
Whereas, The State Honey Cooperative was formed in 2001 to aid local beekeepers in the production, sale and extraction of honey. This facility has given beekeepers a place to buy supplies at a reasonable cost, thus saving beekeepers an estimated $30,000 in out-of-state shipping and handling charges; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby recognizes and supports the continued growth and promotion of the apiary industry in the State of West Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of the Department of Agriculture.
Which, under the rules, lies over one day.
Senators Hunter, Weeks and Unger offered the following resolution:
Senate Concurrent Resolution No. 25--Requesting the Joint Committee on Government and Finance study creating a small disadvantaged business loan pool offered by certain private local financial institutions and guaranteed by the State of West Virginia.
Whereas, It is important to assist in the development of small disadvantaged businesses throughout the state for the benefit of disadvantaged individuals and communities; and
Whereas, The citizens of the State of West Virginia realize that offering business loans to small disadvantaged businesses benefits all citizens of the state by encouraging small disadvantaged business growth and creating new employment opportunities in disadvantaged communities; and
Whereas, The Economic Development Authority has been actively working in conjunction with various stakeholders to study the creation of a small disadvantaged business loan pool whereby certain private local financial institutions would offer loans guaranteed by the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study creating a small disadvantaged business loan pool offered by certain private local financial institutions and guaranteed by the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Hunter, Jenkins, Weeks, Minear, White, Harrison, Unger, Bailey, Dempsey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Kessler, Lanham, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Yoder and Tomblin (Mr. President) offered the following resolution:
Senate Resolution No. 8-- Designating February 21, 2005, as "Veterans Visibility Day".
Whereas, From the Revolutionary War, which gave America its identity as a free and democratic nation, to this moment, America's men and women have always risen to the call of duty in order to defend and preserve our freedom and help maintain freedom throughout the world; and
Whereas, Per capita, more citizens from West Virginia have served in our nation's armed forces than from any other state. We are proud of our citizens who, despite danger, have done what they must for peace and freedom; and
Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for freedom with their lives and thousands more have been wounded in battle; and
Whereas, The Senate is proud to honor those currently serving in harm's way in Iraq, Afghanistan and in other countries all over the world to protect democracy from the threat of terror; and
Whereas, It is always important that we honor the many brave West Virginians who have faced the enemy, been wounded and even given their lives for not only our freedom, but for freedom around the world; and
Whereas, We should remember the words of President John F. Kennedy who said, "Our goal is not the victory of might, but the vindication of right--not peace at the expense of freedom, but both peace and freedom, here in this hemisphere, and, we hope, around the world. God willing, that goal will be achieved."; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Monday, February 21, 2005, as "Veterans Visibility Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Division of Veterans Affairs.
At the request of Senator Hunter, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Minear, and by unanimous consent, the remarks by Senator Hunter regarding the adoption of Senate Resolution No. 8 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 17, Requesting Division of Highways name Fort Hill Bridge in Charleston "Eugene A. Carter 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. 18, Requesting Division of Highways name bridge on Route 73, between Fairmont and Boothsville in Marion County, "Andrew G. and Carmen L. Hauge 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. 19, Requesting Division of Highways name bridge on Interstate 79 at Route 310, at East Grafton Road, "Anthony Joseph Yanero Memorial 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. 20, Recognizing importance of increasing funding to special five-year demonstration professional development school projects.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education; and then to the Committee on Finance.
Senate Concurrent Resolution No. 21, Recognizing need to increase resources and make changes to eliminate racial and ethnic health disparities.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
Senate Concurrent Resolution No. 22, Requesting Joint Committee on Government and Finance study participation of minority and other disadvantaged small businesses in competing for contracts.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the ninth order of business.
Senate Bill No. 213, Continuing Oral Health Program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 214, Continuing Acupuncture Board.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 215, Continuing Board of Accountancy.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 17, Establishing requirements for receipt of public moneys by business entities.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Unger and Prezioso.
The Senate proceeded to the thirteenth order of business.
Senator Edgell called attention to today being the birthday of the senator from Wayne and on behalf of the Senate extended felicitations and good wishes to Senator Plymale, with Senator Sharpe leading the members in singing "Happy Birthday".
On motion of Senator Chafin, a leave of absence for the day was granted Senator McKenzie.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 22, 2005, at 11 a.m.
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