(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
SEVENTEENTH DAY
____________
Charleston, W. Va., Friday, February 25, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Debra Renee Burkhardt, London, West Virginia, proceeded in the
singing of "Bless This House", accompanied by Shirley Ellis, Cedar
Grove, West Virginia, on the keyboard.
Pending the reading of the Journal of Thursday, February 24,
2005,
On motion of Senator McCabe, 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 amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Com. Sub. for Senate Bill No. 261, Providing for special election proposing amendment to Constitution designated Pension
Bond Amendment.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page four, section four, lines twelve through fourteen, by
striking out the words "The proposed ballots shall be placed on the
official ballot or upon the ballot label in counties where voting
machines are used for the special election." and inserting in lieu
thereof the following: The proposed official ballots shall be
paper ballots.;
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 261--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 paper ballot; 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.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 261, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Bowman, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe,
Minard, Minear, Plymale, Prezioso, Sprouse, Unger, Weeks, White and
Tomblin (Mr. President)--27.
The nays were: Boley and Harrison--2.
Absent: Deem, McKenzie, Oliverio, Sharpe and Yoder--5.
So, a majority 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) passed with its House of Delegates
amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman,
Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills,
Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Plymale, Prezioso, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--27.
The nays were: Boley and Harrison--2.
Absent: Deem, McKenzie, Oliverio, Sharpe and Yoder--5.
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.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 198, Relating to fire safety standards for bed
and breakfast establishments.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 198 (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 §29-3-16c, relating to establishing safety standards for
bed and breakfast establishments; providing findings relating to
the need for special fire code standards for bed and breakfasts;
defining the term "bed and breakfast establishment"; providing
exemption from certain fire code standards; establishing fire
safety standards for bed and breakfasts; authorizing the Fire Commission to promulgate rules; authorizing variance from certain
requirements; and authorizing Division of Culture and History to
provide recommendations regarding historical preservation of
structures.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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 Love and Fanning:
Senate Bill No. 287--A Bill to amend and reenact §22-11-7b of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §22B-3-2 and §22B-3-4 of said code, all relating to water
quality standards generally; transferring authority to propose
rules relating to water quality standards from the Environmental
Quality Board to the Department of Environmental Protection;
providing that the current rule remains in force and effect until
amended by the Department of Environmental Protection; establishing
some requirements for water protection; providing that meetings to
develop water quality standards be open with certain exceptions;
and continuing the authority of the Environmental Quality Board to
issue remining variances.
Referred to the Committee on Natural Resources; then to the Committee on Energy, Industry and Mining; and then to the Committee
on the Judiciary.
By Senator Tomblin (Mr. President):
Senate Bill No. 288--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-10B-10, relating to vocational rehabilitation
facilities; authorizing rental of vocational rehabilitation
facilities by school groups or other youth or civic organizations;
and providing that rental revenue be used to defray the cost,
maintenance and replacement of recreational equipment and
facilities.
Referred to the Committee on Finance.
By Senators Love and Fanning:
Senate Bill No. 289-
A Bill to amend and reenact §22-11-3 of
the Code of West Virginia, 1931, as amended, relating to adding a
definition of "fill material" to the Water Pollution Control Act.
Referred to the Committee on Natural Resources; then to the
Committee on Energy, Industry and Mining; and then to the Committee
on the Judiciary.
By Senator Chafin:
Senate Bill No. 290--
A Bill to amend and reenact §18-2-35 of
the Code of West Virginia, 1931, as amended, relating to requiring
school uniforms for students.
Referred to the Committee on Education.
By Senator Kessler:
Senate Bill No. 291--
A Bill to amend and reenact §33-25D-2 of the Code of West Virginia, 1931, as amended, relating to including
a clinic-based health care option under the definition of a
"limited health service".
Referred to the Committee on Health and Human Resources; and
then to the Committee on Banking and Insurance.
By Senator Kessler:
Senate Bill No. 292--
A Bill to amend and reenact §29-3-12b of
the Code of West Virginia, 1931, as amended, relating to the
establishment of fees for services of the State Fire Marshal;
granting authority to the Fire Marshal to promulgate rules
establishing a schedule of fees; establishing and continuing a
special revenue account for the deposit of the fees collected;
requiring that expenditures from this account must be made under
appropriation by the Legislature; and maintaining the current
schedule of fees until a new schedule is promulgated and approved
through legislative rule.
Referred to the Committee on Finance.
By Senators Chafin and Hunter:
Senate Bill No. 293--A Bill to amend and reenact §17C-15-44 of
the Code of West Virginia, 1931, as amended, relating to motorcycle
operators and passengers; requiring that motorcycle operators and
passengers under twenty-one years of age wear helmets while riding;
and requiring that any operator licensed less than two years wear
a helmet while riding.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Jenkins, Unger and Dempsey:
Senate Bill No. 294--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-7B-7a; and to amend said code by adding thereto a
new article, designated §18-7C-1, §18-7C-2, §18-7C-3, §18-7C-4,
§18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-10, §18-
7C-11, §18-7C-12, §18-7C-13 and §18-7C-14, all relating to the
merger and consolidation of the Teachers Defined Contribution
Retirement System and the State Teachers Retirement System
generally; closing the Teachers Defined Contribution Retirement
System to newly hired personnel; placing rehires in last plan to
which rehire contributed; setting forth short title; setting forth
legislative findings and purpose; providing definitions; providing
for merger and consolidation of the Teachers Defined Contribution
Retirement System and the State Teachers Retirement System; setting
forth dates and time periods; providing for notice to members;
providing for education of members; specifying dates and relevant
time periods; providing for conversion and transfer of assets from
the Teachers Defined Contribution Retirement System to the State
Teachers Retirement System; providing for election on the question
of merger and consolidation of the Teachers Defined Contribution
Retirement System and the State Teachers Retirement System; prior
service in State Teachers Retirement System unaffected; setting
forth terms of election and defining valid election; setting forth
terms of merger and consolidation of the Teachers Defined
Contribution Retirement System and the State Teachers Retirement System; requiring members of defined contribution plan pay
additional amount in order to receive full actuarial credit upon
merger; establishing time period for payment and interest; plan
loans; loan terms; addressing withdrawals and cash-outs; providing
for service credit in the State Teachers Retirement System;
providing that provisions of article are void if less than a
majority of at least one half of the members of the defined
contribution plan vote in favor of the merger; allowing
Consolidated Public Retirement Board to contract directly for
professional services; providing the election is deemed final;
addressing qualified domestic relations orders; providing for
vesting; setting forth minimum guarantees; providing for due
process and right to appeal; and providing for nonseverability.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 295-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Acupuncture to promulgate a legislative
rule relating to the dispensing of materia medica, formulary and
legend drugs.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 296-A Bill to amended reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to leasing space on behalf of state
spending units.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 297-A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to state-owned vehicles.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 298-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Agriculture to promulgate a
legislative rule relating to animal disease control.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 299-A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Agriculture to promulgate a
legislative rule relating to the inspection of meat and poultry.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 300-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Agriculture to promulgate a
legislative rule relating to commercial feed.
Referred to the Committee on Agriculture; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 301-A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Alcohol Beverage Control Commissioner to
promulgate a legislative rule relating to retail liquor operations.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 302-A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Alcohol Beverage Control Commissioner to
promulgate a legislative rule relating to private club licensing.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 303-A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Alcohol Beverage Control Commissioner to
promulgate a legislative rule relating to bailment policies and
procedures.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 304-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Chiropractic Examiners to promulgate a
legislative rule relating to the chiropractic practice.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 305-A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to general provisions.
Referred to the Committee on Pensions; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 306-A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the deputy sheriff
retirement system.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 307-A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to benefit determination and
appeal.
Referred to the Committee on Pensions; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 308-A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Teachers Defined
Contribution System.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 309-A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Teachers Defined
Benefit Plan.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 310-A Bill to amend and reenact article 2,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the public employees
retirement system.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 311-A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the West Virginia State
Police disability determination and appeal process.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 312-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Contractor Licensing Board to promulgate a
legislative rule relating to the West Virginia Contractor Licensing
Act.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 313-A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Corrections to promulgate a
legislative rule relating to parole supervision.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 314-A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to permits for the
construction and major modification of major stationary sources of
air pollution for the prevention of significant deterioration.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 315-A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to emission standards for
hazardous air pollutants pursuant to 40 CFR Part 61.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 316-A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards of performance
for new stationary sources.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 317-A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to permits for the
construction and major modification of major stationary sources of air pollution which cause or contribute to nonattainment.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 318-A Bill to amend and reenact article 3,
chapter 64 of the code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the prevention and
control of air pollution from hazardous waste treatment, storage or
disposal facilities.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 319-A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to emission standards for
hazardous air pollutants for source categories pursuant to 40 CFR
Part 63.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 320-A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to surface mining blasting.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 321-A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to West Virginia surface
mining reclamation.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 322-A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to hazardous waste
management.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 323-A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to underground storage tank
fee assessments.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 324-A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the National Pollutant
Discharge Elimination System (NPDES) Program.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 325-A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to water pollution control
permit fee schedules.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 326-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Dental Examiners to promulgate a
legislative rule relating to the Board.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 327-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Dental Examiners to promulgate a
legislative rule relating to the formation and approval of
professional limited liability companies.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 328-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Dental Examiners to promulgate a
legislative rule relating to fees.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 329-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Dental Examiners to promulgate a
legislative rule relating to the formation and approval of dental
corporations.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 330-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Economic Development Authority to promulgate a
legislative rule relating to the high-growth business investment
tax credit.
Referred to the Committee on Economic Development; then to the
Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 331-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Bureau of Employment Programs to promulgate a
legislative rule relating to implementing the requirement that
prohibits agencies from granting, issuing or renewing contracts,
licenses, permits, certificates or other authority to conduct a
trade, profession or business.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 332-A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Environmental Quality Board to promulgate a
legislative rule relating to requirements governing water quality
standards.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 333-A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to the code of conduct for administrative law judges.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 334-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Family Protection Services Board to promulgate
a legislative rule relating to perpetrator intervention programs
licensure for correctional institutions.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 335-A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Office of the Fire Marshal to promulgate a
legislative rule relating to fees for licenses, permits,
inspections, plans review and other services rendered.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 336-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Governor's Committee on Crime, Delinquency and
Correction to promulgate a legislative rule relating to law-
enforcement training standards.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 337-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Governor's Committee on Crime, Delinquency and
Correction to promulgate a legislative rule relating to the
protocol for law-enforcement response to domestic violence.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 338-A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Hatfield-McCoy Regional Recreation Authority to
promulgate a legislative rule relating to use of facilities.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 339-A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Health Care Authority to promulgate a
legislative rule relating to benchmarking and discount contracts.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 340-A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to implementation of the
Omnibus Health Care Act.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 341-A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to implementation of the
Omnibus Health Care Act payment provisions.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 342-A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources and the
Insurance Commissioner to promulgate a legislative rule relating to
the uniform credentialing of health care practitioners.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 343-A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to methods and standards for
chemical tests for intoxication.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 344-A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to Grade "A" pasturized
milk.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Edgell, Love, Bailey, Dempsey, Facemyer and
Guills:
Senate Bill No. 345-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §19-
2F-1, §19-2F-2, §19-2F-3, §19-2F-4, §19-2F-5, §19-2F-6, §19-2F-7,
§19-2F-8, §19-2F-9, §19-2F-10 and §19-2F-11, all relating to Beef
Industry Self-Improvement Assessment Program; stating purpose;
defining terms; requiring petition to conduct referendum; requiring
a public hearing on referendum; requiring notice of referendum;
conducting referendum; authorizing subsequent referendum;
continuing Beef Industry Council; establishing qualifications,
appointment and terms of members; establishing powers and duties of
Council; requiring collection and remittance of assessment;
authorizing refunds; establishing penalties; and continuing
Program.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 346-
A Bill to amend and reenact §30-10-4 of
the Code of West Virginia, 1931, as amended, relating to
veterinarians generally; setting forth responsibilities of the
Board of Veterinary Medicine to support low-cost animal spay and
neuter programs; and providing for waivers of rules for
veterinarians providing low-cost animal spay and neuter services in
mobile vans.
Referred to the Committee on Agriculture.
By Senator Plymale:
Senate Bill No. 347-A Bill to amend and reenact §18B-17-2 and
§18B-17-3 of the Code of West Virginia, 1931, as amended, all
relating to authorizing rules; Higher Education Policy Commission;
Council for Community and Technical College Education;
Underwood-Smith Teacher Scholarship Program; West Virginia
Engineering, Science and Technology Scholarship Program; Medical
Education Fee and Medical Student Loan Program; and performance
indicators.
Referred to the Committee on Education.
By Senator Tomblin (Mr. President):
Senate Bill No. 348-
A Bill to amend and reenact §12-4-14 of
the Code of West Virginia, 1931, as amended, relating to persons
who receive state funds or grants; and requiring audits of the
funds or grants.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Love, Sharpe, Dempsey, Weeks, Minear and Minard:
Senate Bill No. 349-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§61-2-8a, relating to making it illegal to transport a minor across
state lines to obtain an abortion without written consent from both
parents; and providing for a penalty.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Sprouse, Minear and Harrison:
Senate Bill No. 350-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-21-15a, relating to personal income tax credits; and allowing
a credit against a taxpayer's tax liability for performing
volunteer work for nonprofit organizations.
Referred to the Committee on Finance.
By Senator Sharpe:
Senate Bill No. 351-A Bill to amend and reenact §11-15-2 of
the Code of West Virginia, 1931, as amended, relating to the
definition of "commercial laundry" and "linen and garment rental
service"; and including "commercial laundry" and "linen and garment
rental service" establishments into the class of persons, firms and
corporations included in the definition of manufacturing for
consumers sales and use tax purposes.
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. 30-
Requesting the Federal
Railroad Administration provide the Legislature with a copy of the
final report on the safety of remote control locomotive operations.
Whereas, The safety of all West Virginia citizens is a primary
goal of the State of West Virginia; and
Whereas, Remote control locomotive operations are a
significant departure from traditional railroading according to the
Federal Railroad Administration; and
Whereas, Select Committee A on Flooding and Railroad Issues
was created by the Joint Committee on Government and Finance as
part of the 2004 legislative interims to study, through independent
inquiry or reliance upon existing or ongoing research and reporting
by other entities, the use of remote control locomotive operations
in rail switching operations; and
Whereas, On September 2, 2003, the United States Senate
Committee on Commerce, Science and Transportation requested the
Federal Railroad Administration to conduct an assessment of the
impact of remote control locomotive operations on safety, including
a comparison of the rate of accidents, injuries and fatalities
involving remote control locomotive operations with similar
operations involving manned locomotives; and
Whereas, On May 13, 2004, the Federal Railroad Administration
announced the interim report on the safety of remote control
locomotive operations which indicates that the use of remote
control locomotive operations in and around rail yards results in
safety benefits; and
Whereas, The interim report also indicates that the Federal
Railroad Administration has identified several safety issues
relating to remote control locomotives operations which in some
instances have been resolved and in other instances remain pending
further investigation and resolution, along with certain other
issues which do not pose safety hazards but should be studied; and
Whereas, The interim report states that the final report will
address the pending safety issues and other issues of concern;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Federal Railroad Administration is hereby requested
to provide the Legislature with a copy of the final report on the
safety of remote control locomotive operations; and, be it
Further Resolved,
That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to
Robert D. Jamison,
Acting Administrator, Federal Railroad Administration.
Which, under the rules, lies over one day.
Senators Kessler, Helmick, Prezioso, Boley, McKenzie, Minard,
McCabe, Unger, Jenkins, Dempsey, Minear and Hunter offered the
following resolution:
Senate Concurrent Resolution No. 31-
Requesting the Joint
Committee on Government and Finance study how strengthening
families economically can help at-risk children and youth.
Whereas, Strategies, such as workforce development, family
economic supports and community investment, help reduce risk
factors faced by children and youth today and families to become self-sustaining; and
Whereas, The federal Earned Income Tax Credit for low-income
wage earners provides up to $4,300 per year for low-income families
with a three-year look-back period. Yet an estimated 46,000 West
Virginians who were eligible did not claim the Earned Income Tax
Credit in 2002, resulting in over $77 million in federal dollars
being unclaimed for that year alone; and
Whereas, Families can use their Earned Income Tax Credit to
save tax free for an education, a down payment on a home or the
start of a business. Research has shown that children do better
when their families do better; and
Whereas, Business and community efforts to provide free tax
assistance to low-income West Virginians have been shown to
increase participation in the federal Earned Income Tax Credit; and
Whereas, Increasing participation in the federal Earned Income
Tax Credit by low-income West Virginians would provide a new source
of revenue for the state and pump needed dollars into the state's
economy. A small state investment in helping low-income West
Virginians could result in an economic windfall for the state; and
Whereas, Investing in the provision of free tax assistance,
asset building programs and financial literacy training could
likely attract matching grants from major funders; therefore, be it
Resolved by the Legislature of West Virginia:
The Joint Committee on Government and Finance is hereby
requested to study how strengthening families economically can help
at-risk children and youth; 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.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 27, Requesting Joint
Committee on Government and Finance study coordination of state
laws and regulations for wrecked and dismantled vehicles.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 28, Requesting Board of
Education establish position to coordinate, oversee and advocate
school libraries.
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. 29, Requesting Joint
Committee on Government and Finance continue Legislative Task Force
on Juvenile Foster Care, Detention and Placement.
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. Com. Sub. for Senate Bill No. 17, Establishing
requirements for receipt of public money by business entities.
Having been read a third time on yesterday, Thursday, February
24, 2005, and now coming up in regular order, was reported by the
Clerk.
At the request of Senator Bowman, unanimous consent being
granted, 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. 49, Repealing section of code relating to
inspection of jails.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 94, Providing additional
flexibility for school instructional support and enhancement days.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 104, Repealing section of code relating to
working prisoners by county commissions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 162, Modifying time authority may allocate tax
credits under Capital Company Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 183, Authorizing warden to allow withdrawal
from inmate's savings account in certain cases.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 184, Repealing section authorizing wardens to
offer rewards for escaped convicts.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 229, Relating to reports of financial
institutions to Division of Banking.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Banking and Insurance, were reported by the Clerk, considered
simultaneously, and adopted:
On page two, section seven, line nineteen, after the word
"the" by inserting the words "immediately preceding";
And,
On page three, section seven, line twenty, by striking out the
words "of each year".
The bill (S. B. No. 229), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 248, Relating to requirement that technology
expenditures be made in accordance with Education Technology
Strategic Plan.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third 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 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.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Senate Bill No. 63, Requiring legislative approval for certain
designations of roads, highways or bridges.
Com. Sub. for Senate Bill No. 238, Including steel railroad
track and track material under statutory provisions involving
purchase of scrap metal.
Senate Bill No. 281, Continuing Emergency Medical Services
Advisory Council.
Senate Bill No. 282, Continuing School Building Authority.
Senate Bill No. 283, Continuing Health Care Authority.
Senate Bill No. 284, Continuing Office of Insurance
Commissioner.
Senate Bill No. 285, Continuing Division of Culture and
History.
And,
Senate Bill No. 286, Continuing Public Defender Services.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Jenkins and Weeks.
Thereafter, at the request of Senator Plymale, and by
unanimous consent, the remarks by Senator Jenkins were ordered
printed in the Appendix to the Journal.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Deem, McKenzie, Oliverio, Sharpe and Yoder.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 28, 2005, at 11 a.m
____________