(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
SIXTEENTH DAY
____________
Charleston, W. Va., Thursday, February 24, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Senior Chaplain C. J. Rider, Mount Olive
Correctional Complex, Mount Olive, West Virginia.
Pending the reading of the Journal of Wednesday, February 23,
2005,
On motion of Senator Barnes, 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 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. Com. Sub. for House Bill No. 2444--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.
Referred 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. 2534--A Bill to amend and reenact §5B-2-13
of the Code of West Virginia, 1931, as amended, relating to
continuation of the Tourism Commission.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 23rd day of February, 2005, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2285), Providing a procedure for
payment of the veterans bonus to veterans of the Kosovo,
Afghanistan and Iraq conflicts.
And,
(H. B. No. 2286), Relating to the sounding of Taps at
veteran's honors funerals.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 63, Requiring legislative approval for certain
designations of roads, highways or bridges.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 78, Expanding counties covered by Route 2 and
Interstate 68 Authority.
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 Government Organization.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Government Organization.
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. 191, Relating to implementation of modified
mental hygiene procedures.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 191 (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 §27-5-11, relating to mental hygiene proceedings
generally; authorizing implementation of a modified mental hygiene
procedure in limited number of counties relating to persons who are
medication-dependent and who have had at least one prior conviction
within previous twenty-four months related to mental illness or two
prior hospitalizations within previous twenty-four months;
directing cooperation of Secretary of Department of Health and
Human Resources and Supreme Court of Appeals in developing modified
procedures; authorizing use of treatment compliance orders in
certain judicial circuits; authorization for hospitalization and
treatment for up to seventy-two hours prior to probable cause
hearing for medication-dependent individuals who meet requirements;
reporting requirements; expiration date; time limits; requirements of petitions; procedures; required findings; hearing; and forms
required for procedures.
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. 191), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 237, Allowing municipalities to increase hotel
occupancy tax.
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,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
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. 238, Including steel under statutory
provisions involving purchase of scrap metal.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 238 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-3-49
of the Code of West Virginia, 1931, as amended, relating to
including steel railroad track and track material 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.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 239, Creating Flood Protective Planning Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 239 (originating in the
Committee on Government Organization)--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.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 239), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 261, Proposing amendment to Constitution
designated Pension Bond Amendment.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 261 (originating in the
Committee on the Judiciary)--A Bill to submit the Pension Bond Amendment to the Constitution of the State of West Virginia to the
voters of the state for ratification or rejection at a special
election to be held throughout the state on the twenty-fifth day of
June, two thousand five; calling the special election; directing
that the proposed amendment be submitted to the voters of the state
at the special election and how such amendment is to be numbered,
designated and summarized; providing for publication of the
proposed amendment and publication of notice of the special
election and the form thereof; providing that no question or issue
other than the ratification or rejection of the proposed amendment
shall be voted upon at the special election; providing for an
official ballot and ballot labels; providing for one board of
election officials in each precinct and for recounts; providing for
the conduct of and procedures for the special election; providing
that the costs and expenses of the special election be paid out of
the state Treasury; and providing for a proclamation of the result
of the special election by the Secretary of State.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 261) 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, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham,
Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: Boley and Harrison--2.
Absent: None.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Committee Substitute for Senate Bill No. 261 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Boley and Harrison--2.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 261) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Boley and Harrison--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.
Com. Sub. for S. B. No. 261) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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 Minard:
Senate Bill No. 270--A Bill to amend and reenact §33-2-9 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§33-20-12 of said code; to amend and reenact §33-24-4 of said code;
to amend and reenact §33-25-10 of said code; to amend and reenact
§33-25A-17 of said code; and to amend and reenact §33-25D-18 of
said code, all relating to examinations of insurance and health
care entities; increasing the time in which insurers, rating organizations and certain health care entities may respond to
examination reports from the Insurance Commissioner; clarifying
that the Insurance Fraud Prevention Act applies to certain health
care entities; and increasing the minimum period in which
examinations of certain health care entities must be conducted by
the Insurance Commissioner.
Referred to the Committee on Banking and Insurance.
By Senator Minard:
Senate Bill No. 271--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §33-41-4a and §33-41-8a; and to amend and reenact §33-
41-8 of said code, all relating to insurance fraud; permitting the
fraud unit to investigate the forgery of insurance documents;
permitting the Insurance Commissioner to accept gifts and other
property; exempting fraud unit employees from liability under
certain circumstances; designating the fraud unit a criminal
justice agency for purposes of access to information; and requiring
background checks of applicants for employment with the fraud unit.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 272--A Bill to amend and reenact §5-10A-2 and
§5-10A-3 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §5-10A-
11, all relating to amending the definitions of "less than
honorable service" and "retirement plan"; increasing the time to issue notice to terminate benefits; and requiring prosecuting
attorneys to notify retirement board of any convictions or pleas to
less than honorable service.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators McCabe, Unger, White, Foster, Barnes, McKenzie,
Edgell, Yoder and Love:
Senate Bill No. 273--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §20-10-1, §20-10-2, §20-10-3, §20-10-4, §20-10-5,
§20-10-6, §20-10-7, §20-10-8, §20-10-9, §20-10-10, §20-10-11,
§20-10-12, §20-10-13 and §20-10-14, all relating to requiring the
use of returnable containers for soft drinks, soda water,
carbonated natural or mineral water, other nonalcoholic carbonated
drinks and for beer, ale or other malt drinks of any alcoholic
content and for certain other beverage containers; requiring the
use of unredeemed bottle deposits; prescribing the powers and
duties of certain state agencies and officials; and prescribing
penalties and remedies.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Barnes, Unger and Weeks:
Senate Bill No. 274--A Bill to amend and reenact §61-3-20 of
the Code of West Virginia, 1931, as amended, relating to making
embezzlement from a county, district, school district or municipal
corporation a felony punishable by imprisonment for not less than ten years; and requiring that a special prosecutor be appointed
when a county officer, agent, clerk or servant is accused of
embezzlement.
Referred to the Committee on the Judiciary.
By Senators Unger and Yoder:
Senate Bill No. 275--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-1-3oo, relating to allowing counties and
municipalities to establish a child advocacy center authority;
providing for the appointment, membership officers, meetings and
terms of members; providing for employees, equipment and buildings;
setting forth certain powers; providing that counties and
municipalities may contribute funds to a child advocacy center;
specifying that charitable contributions to these child advocacy
center authorities are tax deductible; and requiring each authority
to establish facilities in which single interviews of abused and
neglected children by interagency representatives may be undertaken
at the same time.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Unger, Minard, Sharpe, Love, Chafin, Facemyer,
Bowman, Hunter, Boley, Bailey, Barnes, Prezioso, Oliverio, Sprouse,
Kessler, Caruth, Dempsey, Fanning and Plymale:
Senate Bill No. 276--A Bill to amend and reenact §15-2-5 of
the Code of West Virginia, 1931, as amended, relating to an
increase in the annual base salary of all sworn State Police personnel by eighteen percent effective on the first day of July,
two thousand five.
Referred to the Committee on Finance.
By Senators Edgell, Bailey, Dempsey, Love, Facemyer and
Guills:
Senate Bill No. 277--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5,
§19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11,
§19-9B-12, §19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17,
§19-9B-18, §19-9B-19, §19-9B-20, §19-9B-21, §19-9B-22 and
§19-9B-23, all relating to regulating the sale, possession and
breeding of exotic animals; stating legislative purpose; defining
certain terms; creating Exotic Animal Regulation Board and
Technical Advisory Committee; establishing duties; establishing a
special revenue account and authorizing expenditures; providing
rule-making authority; delineating the jurisdiction of member
agencies; providing owner liable for the cost of care of a seized
exotic animal and bonding requirements; requiring pet shop
registration, renewal and fee; requiring pet shop to keep records
and provide certain notification; requiring permit to possess or
breed exotic animal and providing permit application process and
permit requirements; providing for exemptions; requiring
identification number on an exotic animal; establishing caging,
care and treatment requirements; requiring liability insurance;
authorizing certain inspections; providing for denial of a permit; specifying conditions under which an exotic animal may be seized;
and establishing civil and criminal penalties.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senators Minard, Jenkins and Love:
Senate Bill No. 278--A Bill to amend and reenact §31A-4-10 of
the Code of West Virginia, 1931, as amended, relating to lists of
stockholders of banking institutions and bank holding companies;
defining bank holding company for the purpose of said section; and
requiring certain bank holding companies to submit annually lists
of stockholders.
Referred to the Committee on Banking and Insurance.
By Senators Minard, Jenkins and Love:
Senate Bill No. 279--A Bill to amend and reenact §7-6-2 of the
Code of West Virginia, 1931, as amended; to amend and reenact §8-
13-22a of said code; and to amend and reenact §18-9-6 of said code,
all relating to the requirement of banking institutions to post
bond or other security for the deposit of county, municipal or
county board of education funds.
Referred to the Committee on Banking and Insurance.
By Senators Tomblin (Mr. President), Bailey, Prezioso, Bowman,
Guills, Sharpe, McKenzie, Jenkins, Deem, Fanning, Oliverio, Chafin,
Hunter, Sprouse, Yoder, McCabe, Love, Kessler, Minear, Facemyer,
Helmick, Weeks, Dempsey, Harrison, Edgell, Lanham, Minard, Boley,
Barnes, White, Unger, Caruth, Foster and Plymale:
Senate Bill No. 280--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §15-1F-1b, relating to tolling any state licensure or
registration requirement for persons on active duty in the United
States Military.
Referred to the Committee on Military.
Senators Hunter and Unger offered the following resolution:
Senate Concurrent Resolution No. 27--Requesting the Joint
Committee on Government and Finance study the coordination of state
laws and regulations governing the handling and disposal of wrecked
or dismantled vehicles.
Whereas, West Virginia has a confusing array of laws and
regulations governing the handling of wrecked or dismantled
vehicles; and
Whereas, The Division of Highways has regulatory authority
over the licensing of salvage yards, dismantlers and rebuilders of
wrecked vehicles; and
Whereas, There is a need for increased coordination among
government agencies and additional oversight to address the problem
of wrecked or dismantled vehicles blighting our state; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the coordination of state laws and regulations
governing the handling and disposal of wrecked or dismantled
vehicles; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the interaction of state
agencies in implementing these laws, including the Division of
Highways' enforcement of state rights-of-way and the Department of
Environmental Protection's monitoring of potential water quality
issues arising from this problem; 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, Foster, Unger, Plymale and Oliverio offered
the following resolution:
Senate Concurrent Resolution No. 28--Requesting the State
Board of Education establish a position within the Department of
Education to coordinate, oversee and advocate school libraries.
Whereas, Well-stocked, professionally staffed libraries
contribute to improved student achievement on standardized tests;
and
Whereas, Although public libraries are available to school-age
children during the evening and on weekends, public librarians
cannot collaborate with all of the teachers in the areas that they serve to develop collections that support the curriculum; and
Whereas, The number of librarian positions is lacking in
elementary schools and 46 percent of the state's schools do not
employ a library media specialist; and
Whereas, Currently, there is no one at the Department of
Education who is assigned responsibility for school libraries;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the State Board of
Education establish a position within the Department of Education
to coordinate, oversee and advocate school libraries; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the State Board of
Education.
Which, under the rules, lies over one day.
Senators Kessler, Helmick, Prezioso, Boley, McKenzie, Unger,
Dempsey, McCabe and Foster offered the following resolution:
Senate Concurrent Resolution No. 29--Requesting the Joint
Committee on Government and Finance continue the Legislative Task
Force on Juvenile Foster Care, Detention and Placement as the
Juvenile Task Force.
Whereas, There are currently 3,000 West Virginia children
placed in foster care with more than 400 West Virginia children in
out-of-state placements and 300 in facilities operated by the
Division of Juvenile Services; and
Whereas, The state's Child Protective Services Program is under federal mandate to make improvements and is at serious risk
of substantial financial penalties for failure to improve
children's safety, permanency and well-being in the child welfare
system; and
Whereas, The Division of Juvenile Services has, through
renovation and new construction, acquired more than 200 new beds in
six facilities over the last four years; and
Whereas, There are ongoing and continuing efforts involving
state agencies, families and private providers to address these and
other vital issues affecting our state's children; and
Whereas, The existing Legislative Task Force on Juvenile
Foster Care, Detention and Placement is the only legislative body
that deals exclusively with matters relating to child welfare and
juvenile justice; and
Whereas, There is an acute and urgent need for ongoing
legislative oversight of these matters and legislative members
could benefit from the shared knowledge of additional nonvoting
citizen members chosen for their particular backgrounds and
expertise; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to continue the Legislative Task Force on Juvenile Foster
Care, Detention and Placement as the Juvenile Task Force; and, be
it
Further Resolved, That the Juvenile Task Force conduct ongoing
oversight of the state's child welfare and juvenile justice systems; and, be it
Further Resolved, That the Juvenile Task Force increase its
membership by adding two nonvoting citizen members, one to be
chosen by the Speaker of the House of Delegates and one to be
chosen by the President of the Senate, with the members having the
same right of per diem expense reimbursement to which legislators
are entitled; and, be it
Further Resolved, That the Juvenile Task Force report annually
to the Joint Committee on Government and Finance 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 carry out its
duties, to prepare its reports 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 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. 11--Designating February 24, 2005, as
"Corrections' Day".
Whereas, Correctional employees have direct daily contact with
inmates and perform a function that maintains public safety while at the same time attempts to rehabilitate adult and youth offenders
for reentry into society; and
Whereas, Significant components of the criminal justice system
and the nature of correctional employees' work is such that they
must maintain a high level of security in a stressful and uncertain
environment; and
Whereas, The dedicated service of correctional employees of
the Division of Corrections and the Division of Juvenile Services
is appreciated; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 24, 2005, as
"Corrections' Day"; and, be it
Further Resolved, That the Senate hereby recognizes the
outstanding service, dedication and commitment of the employees of
the Division of Corrections and the Division of Juvenile Services;
and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the
Division of Corrections and the Division of Juvenile Services.
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.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
At the request of Senator Helmick, unanimous consent being
granted, Senator Helmick offered the following resolution from the
floor:
Senate Resolution No. 12--Authorizing the appointment of
employees for the Senate for the two thousand five regular
sixty-day session of the seventy-seventh Legislature and payment of
their compensation.
Resolved by the Senate:
That the Clerk of the Senate, with the approval of the
President of the Senate, be and he is hereby authorized to appoint
employees to receive the per diem compensation, as herein provided,
during this regular sixty-day session of the seventy-seventh
Legislature, and any extension thereof as follows:
Twenty-six Class I secretaries at a rate of fifty-five dollars
to sixty-nine dollars per diem;
Ten Class II secretaries at a rate of fifty-seven dollars to
sixty-nine dollars per diem;
Nine Class III secretaries at a rate of sixty-one dollars to
seventy-two dollars per diem;
Six Class IV secretaries at a rate of sixty-two dollars to
sixty-four dollars per diem;
Six legislative analysts at a rate of fifty-five dollars to
seventy-five dollars per diem;
Twelve legal counselors at a rate of one hundred seventy
dollars to two hundred twenty-five dollars per diem; assignments
and salary to be determined by the President of the Senate;
One bill and journal clerk to the Senate Clerk at a rate of
sixty dollars per diem;
Six proofreaders at a rate of fifty-three dollars to sixty-
nine dollars per diem;
One journal room supervisor at a rate of ninety-two dollars
per diem;
One assistant journal room supervisor at a rate of sixty-six
dollars per diem;
Eight journal and bill room clerks at a rate of fifty dollars
to seventy-four dollars per diem;
One Sergeant at Arms at a rate not to exceed one hundred fifty
dollars per diem;
One chief assistant Sergeant at Arms at a rate of seventy-one
dollars per diem;
Six assistants to the Sergeant at Arms at a rate of fifty
dollars to sixty-three dollars per diem;
One Doorkeeper at a rate of one hundred nineteen dollars per
diem;
One chief assistant Doorkeeper at a rate of sixty-eight
dollars per diem;
Eight assistants to the Doorkeeper at a rate of fifty dollars
to fifty-nine dollars per diem;
One information clerk at a rate of fifty dollars per diem
(twenty-five dollars per diem paid by House of Delegates);
Seven messengers at a rate of fifty dollars to fifty-six
dollars per diem;
One head page at a rate of sixty-four dollars per diem;
One assistant head page at a rate of sixty-two dollars per
diem;
One recording system operator at a rate of sixty-eight dollars
per diem;
One duplicating machine operator at a rate of fifty-four
dollars per diem;
One office assistant at a rate of fifty-eight dollars per
diem;
One computer technical assistant at a rate of fifty-seven
dollars per diem;
The Clerk is further authorized to appoint such other
employees at such compensation as the Committee on Rules shall from
time to time authorize; and, be it
Further Resolved, That the appointment of salaried full-time
employees of the Senate for the year two thousand five and their
compensation, at the following amounts per month, for such periods
of time as they are employed in the positions designated, is hereby
authorized, as follows:
Clerk$7,312.50
Assistant Clerk 5,979.17
Executive Secretary to the Clerk 3,687.50
Administrative Assistant to the Clerk 4,145.84
Legislative Assistant III 4,437.50
Legislative Assistant III 4,166.67
Legislative Assistant III 3,062.50
Legislative Assistant II 2,791.67
Legislative Assistant II 2,625.00
Legislative Assistant I 2,208.34
Legislative Assistant I 2,208.34
Senate & Joint Committee
Fiscal Officer 4,604.17
Fiscal Officer 3,354.17
Administrative Secretary 2,625.00
Secretary to the Majority Leader 2,208.34
Secretary to the Minority Leader 2,083.34
Legislative Analyst I 3,812.50
Legislative Analyst I 3,354.17
Legislative Analyst I 2,833.34
Legislative Analyst 2,562.50
Legislative Analyst 2,187.50
Technical Support 2,291.67
Administrative Assistant to the
President 5,020.84
Executive Secretary to the President 4,062.50
Assistant to the President 3,333.34
Committee Support 1,895.84
Secretary to the Judiciary 1,979.17
Secretary to the Judiciary/Analyst 2,583.34
Secretary to the Finance Chairman 2,666.67
Secretary to the Health and Human
Resources Committee 2,416.67
Attorney 6,458.34
Attorney 6,270.84
Attorney 5,854.17
Attorney 5,520.84
Attorney 5,208.34
Supervisor, Materials/Supplies 3,229.17
Communications Clerk 2,583.34
Mail/Supply Clerk 2,458.34
Chief Custodian 2,791.67
Supervisor/Evening Custodians. 1,979.17
Custodian 1,687.50
The Clerk of the Senate, with the written approval of the
President of the Senate, or the President of the Senate, is hereby
authorized to employ persons to fill the above positions, at the
compensation hereinabove set forth for each, and to make
adjustments in said compensation during the year. The President of
the Senate may employ personnel at such rates of compensation as
may be needed to fill any other positions.
At the request of Senator Helmick, 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 (S. R.
No. 12),
Following discussion,
At the request of Senator Helmick, unanimous consent being
granted, further consideration of the resolution was deferred until the conclusion of bills on today's first reading calendar.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 281 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §16-4C-5 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §16-4C-5a, all relating
to continuation of the Emergency Medical Services Advisory Council.
Senate Bill No. 282 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §18-9D-18 of
the Code of West Virginia, 1931, as amended, relating to
continuation of the School Building Authority.
Senate Bill No. 283 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §16-29B-28 of
the Code of West Virginia, 1931, as amended, relating to
continuation of the Health Care Authority.
Senate Bill No. 284 (originating in the Committee on
Government Organization)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-2-21, relating to continuation of the Office of the
Insurance Commissioner.
Senate Bill No. 285 (originating in the Committee on Government Organization)--A Bill to amend and reenact §29-1-1b of
the Code of West Virginia, 1931, as amended, relating to
continuation of the Division of Culture and History.
And,
Senate Bill No. 286 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §29-21-3a of
the Code of West Virginia, 1931, as amended, relating to
continuation of Public Defender Services.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 26, Requesting Joint
Committee on Government and Finance direct Legislative Oversight
Commission on Health and Human Resources Accountability to oversee
development of state Mental Health Plan.
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.
Com. Sub. for Senate Bill No. 17, Establishing requirements
for receipt of public money by business entities.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Wednesday, February 23, 2005, for
further amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Bowman, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section seventeen, line three, by striking out
the words "including stock options" and inserting in lieu thereof
a comma and the words "excluding stock options,";
On page two, section seventeen, after line eleven, by
inserting a new subdivision, designated subdivision (4), to read as
follows:
(4) "Executive management" means those individuals that hold
a position of general manager or its equivalent and those positions
above or higher on a business entity's organizational chart.;
And renumbering the remaining subdivisions;
On page two, section seventeen, line nineteen, after the word
"appropriation" by inserting a comma and the words "excluding
grants,";
On page three, section seventeen, line twenty-one, after the
word "taxes" by striking out the comma and the words "tax credits";
And,
On page three, section seventeen, line thirty-six, by striking
out the words "two years" and inserting in lieu thereof the words
"one year".
The bill (Com. Sub. for S. B. No. 17), as amended, was ordered
to engrossment.
Engrossed Committee Substitute for Senate Bill No. 17 was then read a third time.
Following discussion,
Senator Deem moved that the bill be rereferred to the
Committee on Government Organization.
Thereafter, on motion of Senator Kessler, the bill was laid
over one day, retaining its place on the calendar.
The Senate proceeded to the ninth order of business.
Senate Bill No. 122, Allowing certain state-chartered banks to
organize as limited liability companies.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third 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, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--33.
The nays were: Minear--1.
Absent: None.
Engrossed Senate Bill No. 122 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, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Minear--1.
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. 122) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
Senate Bill No. 49, Repealing section of code relating to
inspection of jails.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 94, Providing additional
flexibility for school instructional support and enhancement days.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 104, Repealing section of code relating to
working prisoners by county commissions.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 154, Relating to beneficial use
of water treatment plant sludge.
On first reading, coming up in regular order, was 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 (Com. Sub. for S. B. No. 154) was then read a second
time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page two, section twenty-three, line eleven, by striking
out the words "for promulgation of" and inserting a comma and the
words "for promulgation,".
The bill (Com. Sub. for S. B. No. 154), as amended, was
ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 154 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, 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.
Com. Sub. for S. B. No. 154) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 154--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; requiring promulgation of legislative
rules; and setting forth minimum requirements for the legislative
rules.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 162, Modifying time authority may allocate tax
credits under Capital Company Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 183, Allowing withdrawal from inmate's savings account in certain cases.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 184, Repealing section authorizing wardens to
offer rewards for escaped convicts.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 229, Relating to reports of financial
institutions to Division of Banking.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 248, Relating to requirement that technology
expenditures be made in accordance with Education Technology
Strategic Plan.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 269, Supplementing, amending, reducing and
increasing items of existing appropriations from State Road Fund to
Department of Transportation, Division of Highways.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The end of today's first reading calendar having been reached,
the Senate returned to the consideration of
Senate Resolution No. 12, Authorizing appointment of Senate
employees.
The question now being on the adoption of the resolution, the same was put and prevailed.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Harrison, the name of Senator
Harrison was removed as a sponsor of Engrossed Senate Bill No. 214
(Continuing Acupuncture Board).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 25, 2005, at 11 a.m.
____________