(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
FOURTEENTH DAY
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Charleston, W. Va., Tuesday, February 22, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Earl Hissom III, Hissom Tabernacle
Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, February 21,
2005,
On motion of Senator Deem, 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.
Senator Tomblin (Mr. President) presented a communication from
the Office of Tax Appeals, submitting its annual report as required
by chapter eleven, article ten-a, section seven of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
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 and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2328--A Bill to amend and reenact §6-9A-11
of the Code of West Virginia, 1931, as amended, relating to
advisory opinions of the West Virginia Ethics Commission committee
generally; and providing that reliance on a written advisory
opinion is a defense in certain actions.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
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. 2333--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.
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. 2449--A Bill to amend and reenact §21-9-13
of the Code of West Virginia, 1931, as amended, relating to
continuation of West Virginia Board of Manufactured Housing
Construction and Safety.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 107, Providing person may not be trespassing
if dog pursues animal on another's property.
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,
John Pat Fanning,
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. 122, Allowing certain state-chartered banks to
organize as limited liability companies.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 208, Establishing marriage license discount if
applicants complete premarital counseling.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on the Judiciary pending.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 218, Providing public employers may
participate in workforce development initiative in certain cases.
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 Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 221, Creating Self-Employment Assistant Act.
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 Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The bill, 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 Prezioso, Minard, Dempsey, Kessler, Deem, Oliverio
and Hunter:
Senate Bill No. 243--A Bill to amend and reenact §18-5-22 of
the Code of West Virginia, 1931, as amended, relating to requiring
county boards of education to employ one full-time school nurse for
every one thousand five hundred students in kindergarten through
the twelfth grade.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Love, White, Dempsey, Foster and McCabe:
Senate Bill No. 244--A Bill to amend and reenact §18B-1B-6 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§18B-2-9 of said code; and to amend and reenact §18B-2A-1 of said
code, all relating generally to the consolidation of
administrative, information, technological, financial and operating
systems and functions of West Virginia University Institute of
Technology with and into such systems and functions of West
Virginia University; providing that the President of West Virginia
University Institute of Technology shall report to the President of
West Virginia University or otherwise as the Board of Governors of
West Virginia University directs; authorizing the Board of Governors of West Virginia University to combine and consolidate
the administrative, information, technological, financial and
operating systems and functions of West Virginia University
Institute of Technology with and into such systems and functions of
West Virginia University; providing that the auxiliary enterprises
of West Virginia University Institute of Technology shall be
incorporated into the West Virginia University Auxiliary Enterprise
System; and providing that two members of the Board of Advisers for
West Virginia University Institute of Technology be placed on the
Board of Governors at West Virginia University.
Referred to the Committee on Education.
By Senators Chafin, Hunter, Oliverio, Kessler and Jenkins:
Senate Bill No. 245--A Bill to repeal §3-8-5c of the Code of
West Virginia, 1931, as amended; to amend and reenact §3-8-1, §3-8-
2, §3-8-4, §3-8-7, §3-8-8 and §3-8-12 of said code; and to amend
said code by adding thereto two new sections, designated §3-8-1a
and §3-8-2b, all relating to regulating elections; requiring the
disclosure of electioneering communications; prohibiting corporate
disbursements for electioneering communications; and imposing
limitations on contributions to political action committees and
political organizations.
Referred to the Committee on the Judiciary.
By Senators Hunter, Minard, Oliverio, White, Harrison,
McKenzie, Sharpe, Barnes, Kessler and Jenkins:
Senate Bill No. 246--A Bill to amend and reenact §17B-1-1 of
the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §17C-1-67; and to amend
and reenact §17C-5A-3a of said code, all relating to mandatory
participation in the Motor Vehicle Alcohol Test and Lock Program
for repeat offenders; defining "conviction" to include convictions
by pleas of nolo contendere or guilty or by a finding of guilt by
a judicial officer or jury; providing for mandatory participation
in the Motor Vehicle Alcohol Test and Lock Program for those
convicted of certain DUI offenses; expanding eligibility for DUI
offenders who are currently ineligible to participate; setting
forth eligibility requirements; setting various minimum revocation
periods and periods for the use of the interlock device; allowing
the Commissioner to extend the minimum revocation and participation
periods in certain circumstances; modifying criminal provisions
related to attempting to bypass the interlock device; clarifying
the "job-site" exception to the prohibition against operating a
vehicle without the interlock device; and deleting provisions
allowing the Commissioner to provide additional interlock devices
for employment purposes as well as others relating to restoration
of a revoked license.
Referred to the Committee on the Judiciary.
By Senators Chafin, Hunter, Kessler, Jenkins, White, Foster,
McCabe and Dempsey:
Senate Bill No. 247--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6,
§3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18, §3-12-19,
§3-12-20 and §3-12-21, all relating generally to providing a pilot
project for the public funding of election campaigns for two Senate
districts and three single-member House of Delegates districts;
setting forth a short title and certain legislative findings and
declarations; defining terms; specifying that the provisions of
said article are applicable to candidates for seats in the
Legislature, including two Senate districts and three single-member
House of Delegates districts; establishing a Public Campaign
Financing Fund and sources of revenue for the Fund; requiring an
applicant for public campaign funding to complete a declaration of
intent and setting forth the manner in which application for
funding may be made; setting forth eligibility criteria for a
qualifying party and independent candidates; allowing participating
candidates to raise from private sources and spend seed money
contributions; requiring candidates seeking public campaign funds
to collect a required number of qualifying contributions; requiring
participating candidates to comply with all provisions of the
article; requiring the State Election Commission to certify
eligible candidates and setting forth the procedure for
certification; providing that qualified candidates receive funding
for election campaigns from the Public Campaign Financing Fund;
specifying the amount of funds available for each office and when
the funds become available; setting forth restrictions on
participating candidates' contributions and spending; prohibiting
participating candidates from accepting private contributions other than as specifically set forth in said article; prohibiting the use
of personal funds for certain purposes; requiring certain
disclosures; setting forth provisions in the event of insufficient
public funds; requiring candidates to keep records and report to
the State Election Commission; providing for matching public
campaign funds when an opponent spends in excess of the
participating candidate's spending limits; setting forth certain
duties of the State Election Commission; providing for the deposit
of certain revenue into the Fund; requiring repayment of excessive
expenditures by candidates; providing both civil and criminal
penalties for violations of provisions of said article;
establishing the West Virginia Citizens' Publicly Financed
Elections Commission and setting forth its duties; and setting
forth an effective date and termination date of the pilot project.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Plymale, Edgell, Dempsey, Minard and Jenkins:
Senate Bill No. 248--A Bill to amend and reenact §18-2J-6 of
the Code of West Virginia, 1931, as amended, relating to the
requirement that technology expenditures be made in accordance with
the Education Technology Strategic Plan.
Referred to the Committee on Education.
By Senators Love and Weeks:
Senate Bill No. 249--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 when, during the course of an abortion procedure, a fetus is aborted alive, all
available medical means be utilized to preserve its life; and
prescribing criminal penalties for violations of said section.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Plymale:
Senate Bill No. 250--A Bill to amend and reenact §18-2-25 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §29A-1-3 of said code, all relating to eliminating
authority of Secondary School Activities Commission to promulgate
rules; transferring the Commission's rules to the State Board of
Education; requiring the rules to be promulgated in accordance with
current statutory rule-making procedures for the State Board; and
requiring rules relating to the eligibility of students who
transfer.
Referred to the Committee on Education.
By Senators Minard, Jenkins and Sharpe:
Senate Bill No. 251--A Bill to amend and reenact §31A-8A-8 of
the Code of West Virginia, 1931, as amended, relating to the
assessment date for bank holding companies.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Unger, McKenzie, Minard, Bailey, Dempsey, Barnes,
Jenkins, Oliverio and Hunter:
Senate Bill No. 252--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §15-1B-27, relating to creating a fund to reimburse
group life insurance premiums paid by members of the National Guard
in exchange for and in recognition of their assumption of extended
periods of active duty in combat areas; establishing a Service
Members' Life Insurance Reimbursement Fund in the state Treasury;
requiring promulgation of emergency rules; and providing for
appropriations to the Fund.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard and Sharpe:
Senate Bill No. 253--A Bill to amend and reenact §33-43-7 of
the Code of West Virginia, 1931, as amended, relating to late
filings of tax returns to the Insurance Commissioner; permitting
the Commissioner to waive or reduce the penalty; and establishing
the standard for granting waiver or reduction.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Minard:
Senate Bill No. 254--A Bill to amend and reenact §33-38-2,
§33-38-3 and §33-38-13 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto two new sections,
designated §33-38-3a and §33-38-14, all relating to reinsurance
intermediaries; defining terms; establishing licensing requirements
and procedures; setting fees; providing for service of process; and
providing for reciprocity in certain instances.
Referred to the Committee on Banking and Insurance.
Petitions
Senator Guills presented a petition from Darlene Zobrist and
numerous West Virginia residents, requesting the Legislature to
enact strict and more enforceable laws pertaining to juvenile
offenders.
Referred to the Committee on the Judiciary.
Senator Oliverio presented a petition from Janis H. Savage and
numerous Magistrate Court employees, supporting Senate Bill No. 242
(Increasing salaries for magistrate clerks, assistants and deputy
clerks) and House Bill No. 2235 (Increasing salaries for magistrate
clerks, magistrate assistants and magistrate deputy clerks).
Referred to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 23, Requesting Joint
Committee on Government and Finance study post-construction
stormwater runoff.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 24, Recognizing and
supporting continued promotion of state apiary industry.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Agriculture.
Senate Concurrent Resolution No. 25, Requesting Joint
Committee on Government and Finance study creating small
disadvantaged business loan pool.
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 eighth order of business.
Eng. Senate Bill No. 213, Continuing Oral Health Program.
On third reading, coming up in regular order, was 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, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
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. 213) 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,
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.
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. 213) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 214, Continuing Acupuncture Board.
On third reading, coming up in regular order, was 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, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
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. 214) 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,
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.
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. 214) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 215, Continuing Board of Accountancy.
On third reading, coming up in regular order, was 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, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
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. 215) 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,
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.
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. 215) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 17, Establishing requirements
for receipt of public money by business entities.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Oliverio, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Sprouse, Bowman, Prezioso and
Kessler.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 23, 2005, at 11 a.m.
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