(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
TWENTIETH DAY
____________
Charleston, W. Va., Monday, February 28, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dennis Sparks, Executive
Director, West Virginia Council of Churches, Charleston, West
Virginia.
Pending the reading of the Journal of Friday, February 25,
2005,
On motion of Senator Oliverio, the Journal was approved and
the further reading thereof dispensed with.
At the request of Senator Chafin, unanimous consent being
granted, the Senate proceeded to the sixth order of business.
Senators McCabe, Foster, Sprouse, Harrison, Tomblin (Mr.
President), Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem,
Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Unger, Weeks, White and Yoder offered
the following resolution:
Senate Resolution No. 13--Memorializing the life of the Honorable Roland "Joe" Savilla, former educator, U. S. Army
Colonel, Director of the West Virginia Department of Veterans'
Affairs and member of the West Virginia Legislature.
Whereas, Roland "Joe" Savilla, the son of Anthony and Mary
(Contenta) Savilla, was born May 13, 1916, in Kanawha County. He
received his education in public schools, earned an AB degree from
the University of Michigan and undertook graduate work at George
Washington University; and
Whereas, Roland "Joe" Savilla was a teacher at South
Charleston High School from 1940 to 1941; and
Whereas, Roland "Joe" Savilla served his nation with pride and
distinction in the United States Army. He was a career soldier who
joined the Army in 1941 and was commissioned a 2nd Lieutenant in
1942. He served in the China-Burma-India Theater from 1943 to 1945
and in the European Theater from 1951 to 1954 and from 1956 to
1958. He also served in Korea from 1964 to 1965 and in Vietnam
from 1966 to 1967. He attended the Army Command General Staff
College from 1950 to 1951 and the Industrial College of the Armed
Forces from 1958 to 1959. He commanded the 11th Airborne Support
Group in 1957, the 472nd Quartermaster Group from 1962 to 1964, the
8th Army Support Command from 1964 to 1965, the Atlantic Army Depot
from 1965 to 1966 and the 506 Field Army Depot in Vietnam from 1966
to 1967. He retired as a highly decorated Colonel on August 18,
1971, after 30 years in the United States Army; and
Whereas, In 1973, Roland "Joe" Savilla began his public
service to the citizens of West Virginia with his election to the House of Delegates. He was elected to the Senate from the eighth
Senatorial District in 1974 and served until 1978; and
Whereas, During his tenure as a member of the Senate, the
Honorable Roland "Joe" Savilla served as a member of the Senate
committees on Confirmations, Education, Public Institutions,
Transportation and as Vice Chairman of the Committee on Military;
and
Whereas, After leaving the Senate, the Honorable Roland "Joe"
Savilla was appointed by Governor John D. Rockefeller IV as
Director of the West Virginia Department of Veterans' Affairs in
January 1979; and
Whereas, Sadly, on February 7, 2005, the Honorable Roland
"Joe" Savilla passed away, leaving behind his loving wife, Betty Jo
Savilla; daughters Mariann Savilla of Charleston, South Carolina,
and Paulette Workman of St. Albans; sons Eric Martin of Elkview and
Mark Martin of Red House; six grandchildren; several nephews and a
niece; and his faithful dog, Benji; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable
Roland "Joe" Savilla, former educator, U. S. Army Colonel, Director
of the West Virginia Department of Veterans' Affairs and member of
the West Virginia Legislature; and, be it
Further Resolved, That the Senate hereby extends its sincere
sympathy to the family and friends of the Honorable Roland "Joe"
Savilla; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the late Honorable
Roland "Joe" Savilla.
At the request of Senator McCabe, 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, at
the request of Senator Chafin, and by unanimous consent, returned
to the second order of business and the introduction of guests.
Senator Tomblin (Mr. President) presented the following report
of the Legislative Rule-Making Review Committee, which was
received:
WEST VIRGINIA LEGISLATURE
LEGISLATIVE RULE-MAKING REVIEW COMMITTEE
CHARLESTON
February 23, 2005
West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
In accordance with the provisions of West Virginia Code §29A-
3-12, as chairmen of the Legislative Rule-Making Review Committee,
we submit this report of its activities. A bill, in the form
approved by the Committee, authorizing each of the proposed
legislative rules below as submitted, as modified, as modified and amended or as amended has been drafted by the staff of the
Legislative Rule-Making Review Committee pursuant to West Virginia
Code §29A-3-11.
The Committee submits the following proposed rules to the
Legislature with the recommendation that the proposed rules be
authorized for promulgation by the respective agencies as
submitted:
Administration, Department of
State-Owned Vehicles (148 CSR 3)
Agriculture, Department of
Inspection of Meat and Poultry (61 CSR 16)
Alcohol Beverage Control Commission
Retail Liquor Operation (175 CSR 1)
Alcohol Beverage Control Commission
Private Club Licensing (175 CSR 2)
Alcohol Beverage Control Commission
Bailment Policies and Procedures (175 CSR 6)
Consolidated Public Retirement Board
State Police Disability Determination and Appeal (162 CSR
9)
DEP-Air Quality, Division of
Permits for Construction and Major Modification or Major
Stationary Sources of Air Pollution for the Prevention of
Significant Deterioration (PDS) (45 CSR 14)
DEP-Air Quality, Division of
Emission Standards for Hazardous Air Pollutants Pursuant to 40 CFR Part 61 (45 CSR 15)
DEP-Air Quality, Division of
Standards of Performance for New Stationary Sources
Pursuant to 40 CFR Part 60 (45 CSR 16)
DEP-Air Quality, Division of
Permits for Construction and Major Modification or Major
Stationary Sources of Air Pollution Which Cause or
Contribute to Nonattainment (45 CSR 19)
DEP-Air Quality, Division of
To Prevent and Control Air Pollution from Hazardous Waste
Treatment, Storage or Disposal Facilities (45 CSR 25)
DEP-Air Quality, Division of
Emission Standards for Hazardous Air Pollutants for
Source Categories Pursuant to 40 CFR Part 63 (45 CSR 34)
DEP-Mining and Reclamation, Office of
Surface Mining Reclamation Rule (38 CSR 2)
DEP-Waste Management, Office of
Underground Storage Tank Fee Assessments (33 CSR 31)
Fire Marshal
Fees for Licenses, Permits, Inspections, Plans Review and
Other Services (103 CSR 2)
Governor's Committee on Crime, Delinquency and Correction
Protocol for Law-Enforcement Response to Domestic
Violence (149 CSR 3)
Highways, Division of
Traffic and Safety (157 CSR 5)
Highways, Division of
Transportation of Hazardous Wastes Upon the Roads and
Highways (157 CSR 7)
Insurance Commissioner
Cancellation and Nonrenewal of Automobile Liability
Policies (114 CSR 3)
Insurance Commissioner
Examiners and Examinations (114 CSR 15)
Insurance Commissioner
Surplus Lines Insurance (114 CSR 20)
Insurance Commissioner
Continuing Education for Individual Insurance Producers
(114 CSR 42)
Insurance Commissioner
Valuation of Life Insurance Policies (114 CSR 68)
Insurance Commissioner
Recognition of the 2001 CSO Mortality Table for Use in
Determining Minimum Reserve Liabilities and Nonforfeiture
Benefits (114 CSR 69)
Labor, Division of
West Virginia Manufactured Housing Construction and
Safety Standards Board (42 CSR 19)
Licensed Practical Nurses, Board of Examiners for
Fees for Services Rendered by the Board (10 CSR 4)
Lottery Commission
State Lottery Rules (179 CSR 1)
Motor Vehicles, Division of
Administrative Due Process (91 CSR 1)
Motor Vehicles, Division of
Examination and Issuance of Driver's License (91 CSR 4)
Natural Resources, Division of
Commercial Whitewater Outfitters (58 CSR 12)
Natural Resources, Division of-Wildlife Resources Section
Commercial Sale of Wildlife (58 CSR 63)
Secretary of State
Agencies Designated to Provide Voter Registration
Services (153 CSR 28)
State Police
Career Progression System (81 CSR 3)
State Police
Carrying of Handguns by Retired or Medically Discharged
Members (81 CSR 6)
The Committee submits to the Legislature the following
proposed rules which were modified by the agency in accordance with
the provisions of West Virginia Code §29A-3-14, and which were
approved by the Committee with the modifications with the
recommendation that the proposed rules be authorized for adoption
by the respective agencies as modified:
Acupuncture, Board of
Rule for Dispensing of Materia Medica, Formulary and
Legend Drugs (32 CSR 2)
Administration, Department of
Leasing Space on Behalf of State Spending Units (148 CSR
2)
Agriculture, Department of
Animal Disease Control (61 CSR 1)
Agriculture, Department of
Commercial Feed (61 CSR 5)
Chiropractic Examiners, Board of
Regulations of Chiropractic Practice (4 CSR 1)
Consolidated Public Retirement Board
General Provisions (162 CSR 1)
Consolidated Public Retirement Board
Benefit Determination and Appeal (162 CSR 2)
Consolidated Public Retirement Board
Teachers Defined Contribution System (162 CSR 3)
Consolidated Public Retirement Board
Teachers Defined Benefit Plan (162 CSR 4)
Consolidated Public Retirement Board
Public Employees Retirement System (162 CSR 5)
Consolidated Public Retirement Board
Deputy Sheriff Retirement System (162 CSR 10)
Contractors Licensing Board
West Virginia Contractor Licensing Act (28 CSR 2)
Corrections, Division of
Parole Supervision (90 CSR 2)
Dental Examiners, Board of
Rule for West Virginia Board of Dental Examiners (5 CSR 1)
Dental Examiners, Board of
Formation and Approval of Professional Limited Liability
Companies (5 CSR 2)
Dental Examiners, Board of
Formation and Approval of Dental Corporations (5 CSR 6)
Economic Development Authority
High-Growth Business Investment Tax Credit (117 CSR 5)
Employment Programs, Bureau of
Rule 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 (96 CSR 1)
DEP-Explosives and Blasting, Office of
Surface Mining and Blasting Rule (199 CSR 1)
DEP-Waste Management, Office of
Hazardous Waste Management Rule (33 CSR 20)
DEP-Water Resources, Office of
National Pollutant Discharge Elimination System (NPDES)
(47 CSR 10)
Environmental Quality Board
Requirements Governing Water Quality Standards (46 CSR 1)
Ethics Commission
Code of Conduct of Administrative Law Judges (158 CSR 13)
Family Protection Services Board
Perpetrator Intervention Programs Licensure for Correctional Institutions (191 CSR 5)
Governor's Committee on Crime, Delinquency and Correction
Law-Enforcement Training Standards (149 CSR 2)
Hatfield-McCoy Regional Recreational Authority
Rules for Use of Facilities (204 CSR 1)
Health and Human Resources, Department of
Reportable Diseases, Events and Conditions (64 CSR 7)
Health and Human Resources, Department of
Methods and Standards for Chemical Test for Intoxication
(64 CSR 10)
Health and Human Resources, Department of
Grade "A" Pasteurized Milk (64 CSR 34)
Health and Human Resources, Department of, and Insurance
Commissioner
Uniform Credentialing of Health Care Practitioners (64
CSR 89)
Health and Human Resources, Department of
Implementation of Omnibus Health Care Act (69 CSR 2)
Health and Human Resources, Department of
Implementation of Omnibus Health Care Act Payment
Provisions (69 CSR 3)
Health Care Authority
Benchmarking and Discount Contract Rule (65 CSR 26)
Highways, Division of
Use of State Road Rights-of-Way and Adjacent Areas (157
CSR 6)
Information Services and Communications
Telecommunications Payments by Spending Units (161 CSR 2)
Insurance Commissioner
Insurance Fraud Prevention (114 CSR 71)
Insurance Commissioner
Small Employer Eligibility Requirements (114 CSR 73)
Labor, Division of
Elevator Safety Act (42 CSR 21)
Labor, Division of
Weights and Measures Calibration Fees (42 CSR 26)
Land Surveyors, Board of Examiners of
Rule Minimum Standards For Practice of Land Surveying in
West Virginia (23 CSR 1)
Natural Resources, Division of
Revocation of Hunting and Fishing Licenses (58 CSR 23)
Personnel, Division of
Administrative Rule of the Division of Personnel (143 CSR
1)
Personnel, Division of
Preemployment Reference and Inquires Rule (143 CSR 4)
Public Service Commission
Rules for Statewide Information and Referral 211 Service
(150 CSR 29)
Racing Commission
Thoroughbred Racing (178 CSR 1)
Radiologic Technology Board of Examiners
Rules of the West Virginia Radiologic Technology Board of
Examiners (18 CSR 1)
Registered Professional Nurses, Board of Examiners for
Fees for Services Rendered by the Board (19 CSR 12)
Risk and Insurance Management, Board of
Public Entities Insurance Program (115 CSR 2)
Risk and Insurance Management, Board of
Patient Injury Compensation Fund (115 CSR 7)
Speech-Language Pathology and Audiology, Board of Examiners
for
Rule Governing Speech-Language Pathology and Audiology
Assistants (29 CSR 2)
State Police
Grievance Procedure (81 CSR 8)
State Police
Professional Standards Investigations, Employee Rights,
Early Identifications System, Psychological Assessment
and Progressive Discipline (81 CSR 10)
State Tax Department
Valuation of Active and Reserve Coal Property for Ad
Valorem Property Tax Purposes (110 CSR 1I)
State Tax Department
Valuation of Producing and Reserve Oil and Gas for Ad
Valorem Property Tax Purposes (110 CSR 1J)
State Tax Department
Consumers Sales and Service Tax and Use Tax - Executive Orders Declaring Emergency and Exempting From Tax Mobile
Homes and Similar Units and Building Materials Used and
Consumed in Repair or Replacement of Residences and
Businesses Damaged in a Disaster (110 CSR 15I)
Treasurer's Office
Procedures for Fees in Collections by Charge, Credit or
Debit Card or by Electronic Payment (112 CSR 12)
Veterans' Affairs, Division of
Veterans' Affairs Headstones or Markers (86 CSR 4)
Veterinary Medicine, Board of
Organization and Operation (26 CSR 1)
Veterinary Medicine, Board of
Certified Animal Euthanasia Technicians (26 CSR 5)
Veterinary Medicine, Board of
Schedule of Fees (26 CSR 6)
The Committee submits the following legislative rule with the
recommendation that the rule be authorized for adoption by the
agency but, pursuant to West Virginia Code §29A-3-11 and §29A-3-12,
with amendments:
DEP-Water Resources, Office of
Water Pollution Control Permit Fee Schedules (47 CSR 26)
The Committee submits the following legislative rule with the
recommendation that the rule be withdrawn by the agency pursuant to
West Virginia Code §29A-3-14:
Dental Examiners, Board of
Fees Established by the Board (5 CSR 3)
Respectfully submitted,
Joseph M. Minard,
Senate,
Virginia Mahan,
House of Delegates,
Cochairs.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2176--A Bill to amend and
reenact §61-5-27 of the Code of West Virginia, 1931, as amended,
relating to providing the offenses of intimidating or harassing a
judge or magistrate are also applicable to times when the judge or
magistrate are off duty.
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. 2593--A Bill to repeal §8-24-86 and §8-24-
87 of the Code of West Virginia, 1931, as amended; and to amend and
reenact §8A-8-11 of said code, relating to land use planning;
making technical corrections by repealing superceded sections;
revising requirement of Board of Zoning Appeals to pay attorneys'
fees on certain appeals; providing for payment of costs and fees
for certain hearings before the Board; clarifying court approval of amount of costs and fees; and limiting amount of attorneys' fees to
be paid by the Board.
Referred to the Committee on Government Organization.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 352--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 reportable diseases,
events and conditions.
Referred to the Committee on Health and Human Resources; 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. 353--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Highways to promulgate a legislative
rule relating to traffic and safety.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 354--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended relating
to authorizing the Division of Highways to promulgate a legislative
rule relating to the use of state roads rights-of-way and adjacent
areas.
Referred to the Committee on Transportation and
Infrastructure; 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. 355--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Highways to promulgate a legislative
rule relating to transportation of hazardous wastes upon the roads
and highways.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 356--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Information Services and
Communications to promulgate a legislative rule relating to
telecommunications payments by 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. 357--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to examiners and examinations.
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. 358--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to surplus lines insurance.
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. 359--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to the cancellation and nonrenewal of
automobile liability policies.
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. 360--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to continuing education for individual
insurance producers.
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. 361--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to the valuation of life insurance
policies.
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. 362--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to recognition of the 2001 CSO Mortality
Table for use in determining minimum reserve liabilities and
nonforfeiture benefits.
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. 363--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to insurance fraud prevention.
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. 364--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to small employer eligibility
requirements.
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. 365--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Labor to promulgate a legislative
rule relating to the Elevator Safety Act.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 366--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Labor to promulgate a legislative
rule relating to weights and measures calibration fees.
Referred to the Committee on Labor; 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. 367--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Labor to promulgate a legislative
rule relating to the West Virginia Manufactured Housing
Construction and Safety Standards Board.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 368--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 Examiners of Land Surveyors to
promulgate a legislative rule relating to minimum standards for the
practice of land surveying in West Virginia.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 369--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 Examiners for Licensed Practical Nurses
to promulgate a legislative rule relating to fees for services
rendered by the Board.
Referred to the Committee on Health and Human Resources; 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. 370--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Lottery Commission to promulgate a legislative
rule relating to the state lottery.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 371--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Motor Vehicles to promulgate a
legislative rule relating to administrative due 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. 372--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Motor Vehicles to promulgate a
legislative rule relating to examination and issuance of driver's
licenses.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 373--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Natural Resources to promulgate a
legislative rule relating to commercial whitewater outfitters.
Referred to the Committee on Natural Resources; 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. 374--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Natural Resources to promulgate a
legislative rule relating to the revocation of hunting and fishing
licenses.
Referred to the Committee on Natural Resources; 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. 375--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Natural Resources to promulgate a
legislative rule relating to the commercial sale of wildlife.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 376--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Personnel to promulgate a
legislative rule relating to the administration of the Division.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 377--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Personnel to promulgate a
legislative rule relating to preemployment references and
inquiries.
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. 378--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Public Service Commission to promulgate a
legislative rule relating to statewide telephone information and
referral 211 service.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 379--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Racing Commission to promulgate a legislative
rule relating to thoroughbred racing.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 380--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Radiologic Technology Board of Examiners to
promulgate a legislative rule relating to the Board.
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. 381--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 Examiners for Registered Professional
Nurses to promulgate a legislative rule relating to fees for
services rendered by the Board.
Referred to the Committee on Health and Human Resources; 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. 382--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Risk and Insurance Management to
promulgate a legislative rule relating to the Public Entities
Insurance Program.
Referred to the Committee on Banking and Insurance; 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. 383--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Risk and Insurance Management to
promulgate a legislative rule relating to the Patient Injury
Compensation Fund.
Referred to the Committee on Banking and Insurance; 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. 384--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Secretary of State to promulgate a legislative
rule relating to agencies designated to provide voter registration
services.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 385--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 Examiners for Speech-Language Pathology
and Audiology to promulgate a legislative rule relating to speech-
language pathology and audiology assistants.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 386--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Police to promulgate a legislative rule
relating to State Police professional standards investigations,
employee rights, early identification system, psychological
assessment and progressive discipline.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 387--A Bill to amend article 6, chapter 64 of
the Code of West Virginia, 1931, as amended, relating to authorizing the State Police to promulgate a legislative rule
relating to the career progression system.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 388--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Police to promulgate a legislative rule
relating to the carrying of handguns by retired or medically
discharged members.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 389--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Police to promulgate a legislative rule
relating to the State Police grievance procedure.
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. 390--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Tax Department to promulgate a legislative rule
relating to the consumers sales and service tax and use tax -
executive orders declaring emergency and exempting from tax mobile homes and similar units and building materials used and consumed in
repair or replacement of residences and businesses damaged in a
disaster.
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. 391--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Tax Department to promulgate a legislative rule
relating to the valuation of active and reserve coal for ad valorem
property tax purposes.
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. 392--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Tax Department to promulgate a legislative rule
relating to the valuation of producing and reserve oil and gas for
ad valorem property tax purposes.
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. 393--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Treasurer to promulgate a legislative rule
relating to procedures for fees in collections by charge, credit or
debit card or by electronic payment.
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. 394--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 Veterans' Affairs to promulgate a
legislative rule relating to Veterans' Affairs' headstones or
markers.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 395--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 Veterinary Medicine to promulgate a
legislative rule relating to organization and operation.
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. 396--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 Veterinary Medicine to promulgate a
legislative rule relating to certified animal euthanasia
technicians.
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. 397--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 Veterinary Medicine to promulgate a
legislative rule relating to a schedule of fees.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senator Minard:
Senate Bill No. 398--A Bill to repeal §33-11-5a of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto a new article, designated §33-13B-1, §33-13B-2, §33-13B-3,
§33-13B-4, §33-13B-5, §33-13B-6, §33-13B-7, §33-13B-8, §33-13B-9,
§33-13B-10 and §33-13B-11, all relating to the replacement of
individual life insurance policies and annuity contracts.
Referred to the Committee on Banking and Insurance.
By Senators Prezioso and Foster:
Senate Bill No. 399--A Bill to amend and reenact §16-30-2,
§16-30-3, §16-30-5 and §16-30-10 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new section, designated §16-30-26, all relating to end-of-life care;
and ability of a physician, in specified circumstances, to refuse
to provide cardiopulmonary resuscitation if, to a reasonable degree
of medical certainty, the treatment would be medically ineffective.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Foster, Hunter, Jenkins, Fanning, McCabe and
Harrison:
Senate Bill No. 400--A Bill to amend and reenact §18-5-32 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18-14-1 of said code, all relating to education;
eliminating provisions that created unlawful classifications based
on race; deleting an obsolete provision relating to the cooperative
extension service; and updating other obsolete provisions.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Plymale:
Senate Bill No. 401--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18B-2A-7, relating to institutional boards of
governors; orders, resolutions, policies, rules and obligations of
the governing boards; division of assets and liabilities by date
certain; and financial audits.
Referred to the Committee on Education.
By Senators White, Hunter and Dempsey:
Senate Bill No. 402--A Bill to amend and reenact §18A-4-3 of the Code of West Virginia, 1931, as amended, relating to increased
salary increments paid to principals and assistant principals.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Sprouse (By Request):
Senate Bill No. 403--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §20-2-5c, relating to prohibiting fishing in rivers and
streams stocked with trout on days when trout are released; and
requiring the Division of Natural Resources to publish the dates of
stocking so that people will know when they may not fish.
Referred to the Committee on Natural Resources.
By Senators Foster, Jenkins and Bowman:
Senate Bill No. 404--A Bill to amend and reenact §8-22-22a of
the Code of West Virginia, 1931, as amended, relating to
restrictions on investments by municipal policemen's and firemen's
pension and relief funds by increasing the amount which may be
invested in equities.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Minard:
Senate Bill No. 405--A Bill to amend and reenact §33-6-8 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§33-16B-1 and §33-16B-3 of said code; to amend and reenact §33-17-8
of said code; and to amend and reenact §33-20-4 of said code, all
relating to the filing of insurance rates and forms; exempting commercial lines from the requirement of prior approval of rates
and forms; creating a presumption of prospective relief when forms
are disapproved and providing factors to be considered in
determining whether relief should be retroactive; defining terms;
clarifying that certain health insurance forms marketed to
associations must be filed with the Commissioner; providing that
commercial and certain health insurance forms marketed to
associations are effective upon first use after filing; clarifying
that prior rate approval applies to health insurance certificates
and endorsements; and providing that commercial lines rates are not
subject to prior approval.
Referred to the Committee on Banking and Insurance.
By Senators Dempsey and Unger:
Senate Bill No. 406--A Bill to amend of the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §22-22B-1, §22-22B-2, §22-22B-3, §22-22B-4, §22-22B-5,
§22-22B-6, §22-22B-7, §22-22B-8, §22-22B-9, §22-22B-10, §22-22B-11,
§22-22B-12, §22-22B-13 and §22-22B-14, all relating to the Uniform
Environmental Covenants Act generally; defining certain terms;
explaining rights and responsibilities of persons who sign
environmental covenant; providing for subordination of interests;
establishing requirements of environmental covenant; providing that
environmental covenant runs with the land and is valid if meets
requirements of act; setting forth effect of environmental covenant
on other instruments; establishing relationship between
environmental covenants and other land-use law; requiring environmental covenants be provided to certain persons; requiring
environmental covenant amendments and terminations be recorded;
providing environmental covenant is perpetual unless certain
conditions met; authorizing amendment or termination by court or by
consent; providing for enforcement of environmental covenant;
providing for uniformity of application and construction of act;
authorizing modification or application of certain parts of federal
Electronic Signatures in Global and National Commerce Act; and
providing for severability.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Yoder and Sprouse:
Senate Joint Resolution No. 9--Proposing an amendment to the
Constitution of the State of West Virginia, amending sections 2 and
5, article VIII thereof, relating to providing for the merit
selection of Justices of the Supreme Court of Appeals and Circuit
Court Judges; numbering and designating such proposed amendment;
and providing a summarized statement of the purpose of such
proposed amendment.
Referred to the Committee on the Judiciary.
Senators Weeks, Sharpe, Yoder, Deem, White, Love, Minard,
Minear, Boley, Bailey, Kessler, Edgell, Caruth, Barnes, Lanham,
Guills, Dempsey, Harrison, McKenzie, Foster, Sprouse, Fanning,
Hunter, Jenkins, Oliverio, McCabe, Tomblin (Mr. President),
Helmick, Chafin and Facemyer offered the following resolution:
Senate Concurrent Resolution No. 32--Requesting the Joint Committee on Government and Finance study the potential economic
benefits of distributing to travelers on the West Virginia Turnpike
discount coupons designed to encourage participation in various in-
state tourism and recreational activities.
Whereas, On average, 50,000 motor vehicles travel the West
Virginia Turnpike on any given day; and
Whereas, Extolling the unique and wide-ranging variety of
activities revolving around tourism and recreation in this state,
including, but not limited to, fishing, hunting, water and snow
skiing, camping, hiking, whitewater rafting and touring historical
sites, by virtue of offering discount coupons to travelers on the
Turnpike should result in substantially greater revenue for the
state and its citizens and foster faster-paced economic
development; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the potential economic benefits of distributing
to travelers on the West Virginia Turnpike discount coupons
designed to encourage participation in various in-state tourism and
recreational activities; 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.
Petitions
Senator Jenkins presented a petition from Rebecca Finley and
numerous Wayne County residents, requesting funding for multi-
purpose senior centers.
Referred to the Committee on Finance.
Senator Minard presented a petition from Marie Gower and
numerous Harrison County residents, requesting the Legislature to
increase Title XIX Medicaid Waiver reimbursement rates.
Referred to the Committee on Finance.
Senators White and Love presented a petition from Michelle
Jack and numerous West Virginia residents, supporting Senate Bill
No. 82 (Requiring consent from parent or guardian before abortion
on certain minors; penalty), Engrossed Senate Bill No. 146
(Establishing Unborn Victims of Violence Act), House Bill No. 2112
(Requiring a physician to receive written consent from at least one
parent or legal guardian before an abortion is performed on an
unemancipated minor) and House Bill No. 2331 (Unborn Victims of
Violence Act).
Referred to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 30, Requesting Federal
Railroad Administration provide Legislature with final report on safety of remote control locomotive operations.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary.
Senate Concurrent Resolution No. 31, Requesting Joint
Committee on Government and Finance study strengthening families
economically to help at-risk children.
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 Thursday, February 24, 2005,
and now coming up in regular order, was reported by the Clerk.
On motion of Senator Bowman, the bill was recommitted to the
Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, Senator Bowman addressed the Senate regarding Engrossed
Committee Substitute for Senate Bill No. 17.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, the remarks by Senator Bowman were ordered
printed in the Appendix to the Journal.
Eng. Senate Bill No. 49, Repealing section of code relating to
inspection of jails.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 49) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 49) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 94, Providing additional flexibility for school instructional support and enhancement days.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 94) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 104, Repealing section of code relating
to working prisoners by county commissions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 104) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 104) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 162, Modifying time authority may
allocate tax credits under Capital Company Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 162) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 183, Authorizing warden to allow
withdrawal from inmate's savings account in certain cases.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 183) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 183) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 184, Repealing section authorizing
wardens to offer rewards for escaped convicts.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham,
Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Harrison--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. 184) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: Harrison--1.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 184) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 229, Relating to reports of financial
institutions to Division of Banking.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 229) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 248, Relating to requirement that
technology expenditures be made in accordance with Education
Technology Strategic Plan.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 248) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 248) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. 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 third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 269) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 269) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Plymale, and by unanimous consent,
the Senate returned to the sixth order of business.
Petitions
Senator Plymale presented a petition from Rachel Smith and
numerous Wayne County residents, requesting funding for multi-
purpose senior centers.
Referred to the Committee on Finance.
The Senate proceeded to the ninth order of business.
Senate Bill No. 63, Requiring legislative approval for certain
designations of roads, highways or bridges.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on
Transportation and Infrastructure, was reported by the Clerk and
adopted:
On page four, section eight, line fifty-three, by striking out
the words "scenic or".
The bill (S. B. No. 63), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 238, Including steel railroad
track and track material under statutory provisions involving
purchase of scrap metal.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 281, Continuing Emergency Medical Services
Advisory Council.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 282, Continuing School Building Authority.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 283, Continuing Health Care Authority.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 284, Continuing Office of Insurance
Commissioner.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 285, Continuing Division of Culture and
History.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 286, Continuing Public Defender Services.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 198, Relating to fire safety
standards for bed and breakfast establishments.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the sixth order of business, which
agenda includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. Senate Bill No. 162, Modifying time authority may
allocate tax credits under Capital Company Act.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 162) 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 twelfth order of business.
Remarks were made by Senator Prezioso.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, March 1, 2005, at 11 a.m.
____________