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

WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2005

TWENTY-SECOND DAY

____________

Charleston, W. Va., Wednesday, March 2, 2005

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

Prayer was offered by the Reverend Ellen File, The Beckley Center of Burlington United Methodist Family Services, Beckley, West Virginia.
Pending the reading of the Journal of Tuesday, March 1, 2005,
On motion of Senator Dempsey, 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 Clerk presented the following communication from the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority, submitting its annual report due the Legislature in compliance with the statute:
WEST VIRGINIA LEGISLATURE

LEGISLATIVE OVERSIGHT COMMITTEE

ON THE REGIONAL JAIL AND

CORRECTIONAL FACILITY AUTHORITY

CHARLESTON

March 2, 2005

West Virginia Legislature
Charleston, West Virginia
Ladies and Gentlemen:
Pursuant to West Virginia Code §31-20-26, the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority makes the following report to the Legislature during its 2005 Regular Session.
The Committee met nine times during the 2004 Interim Period. During the 2004 Interim Period, the Committee received regular updating reports from:
Steven D. Canterbury, Executive Director of the Regional Jail and Correctional Facility Authority; and
Jim Rubenstein, Commissioner of the Division of Corrections, and his staff.
The Committee also received presentations from:
Michael Coleman, Deputy Warden, Mount Olive Correctional Complex;
Michael W. Cutlip, Deputy Director of Programs, Division of Criminal Justice Services;
Mayor Melba White, City of Montgomery;
Stephen Haas, Ph. D., Director, Statistical Analysis Center, Division of Criminal Justice Services;
Fred P. McDonald, Executive Director, Northern Panhandle Community Criminal Justice Board, and Director, Lee Day Report Center; and
James R. Lee, Chief Probation Officer, First Judicial Circuit.
Major topics of Committee consideration and discussion during the Interim Period included:
1.The need for additional funding for the St. Marys Correctional Center;
2.The crowding problem in regional jails and correctional facilities;
3.The transfer of state-sentenced inmates being housed in regional jails to Division of Corrections' facilities;
4.The progress of planning and construction of regional jails, juvenile detention facilities and correctional facilities;
5.Concerns regarding salaries and staffing;
6.The need for additional capacity to house inmates sentenced to the custody of the Division of Corrections;
7.The success of community corrections programs and the need for statewide community corrections programs and funding for the programs; and
8.Alternatives for reducing inmate populations.
During 2004, several of the Committee's members visited the Gene Spadaro Juvenile Center.
During the 2004 Interim Period, the Committee was informed of the following information of special significance:
1.The per diem payment for housing inmates in regional jails will probably not increase in 2005;
2.Inmate populations in regional jails increased from 3,015 on January 9, 2004, to 3,346 on December 3, 2004;
3.The number of state-sentenced inmates being housed in regional jails increased from 921 to 1,106 during this period; and
4.The daily average inmate population under the supervision of the Division of Corrections increased 353, from 4,755 on January 7, 2004, to 5,108 on February 4, 2005.
Inmates Housed in Regional Jails

Number ofNumber of
State-State-
InmateInmateSentencedSentenced
RegionalCount asCount asInmates asInmates as
Jail of 1/9/04of 2/4/05of 1/9/04of 2/4/05
Central
(Flatwoods)264283111105
Eastern
(Martinsburg)34441284115
North Central
(West Union)486547146186
Northern
(Moundsville)253282104122
Potomac Highlands
(Augusta)17924687143
South Central
(Charleston)36148393138
Southern
(Beckley)457505147138
Southwestern
(Holden)315357120137
Western
(Barboursville) 356 443 29 128
Totals3,0153,5589211,212
The Committee recommends for introduction and passage during the 2005 legislative session bills:
1.Allowing "good time" for inmates in the custody of the Division of Corrections to be credited presumptively at the beginning of an inmate?s sentence and providing that all of an inmate's good time is subject to forfeiture and revocation for violation of disciplinary rules;
2.Authorizing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish an inmate furlough program;
3.Adding to the crimes committed by an offender for which the preparation of a parole hearing notification form and notification of release on parole is required;
4.Establishing a financial responsibility program for inmates;
5.Strengthening criminal provisions prohibiting the delivery of telecommunication devices, controlled substances, money, implements of escape and other contraband to inmates;
6.Repealing a section of the West Virginia Code that authorizes wardens to offer rewards, up to $500, for the apprehension and redelivery of escaped convicts;
7.Revising the parole law to:
a.Keep certain persons who have been released on parole three times and had their parole revoked from being eligible for further release on parole;
b.Authorize the Parole Board to hire hearing examiners; and
c.Authorize the Commissioner of the Division of Corrections to issue subpoenas for persons and records necessary to prove a violation of the terms and conditions of a parolee's parole;
8.Authorizing the wardens of correctional facilities to allow inmates to withdraw money from their mandatory 10 percent savings account for the purpose of preparing them for reentry into society;
9.Limiting the eligibility of a person for parole if the person has violated the terms and conditions of probation or home incarceration.
Respectfully submitted,
Shirley Love,
Senate,
David G. Perry,
House of Delegates,
Cochairs.
Which communication was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2186--A Bill to amend and reenact §27-5-2, §27-5-3 and §27-5-4 of the Code of West Virginia, 1931, as amended, all relating to institution of proceedings for involuntary custody for examination; custody; probable cause hearing; examination of individual; admission under involuntary hospitalization for examination; hearing; release; institution of final commitment proceedings; hearing requirements; and release.
Referred to the Committee on Health and Human Resources; then to the Committee on the Judiciary; and then to the Committee on Finance.
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. 2417--A Bill to amend and reenact §17C-17-6a of the Code of West Virginia, 1931, as amended, relating to safe transport of compressed gas containers.
Referred to the Committee on Transportation and Infrastructure.
Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on February 25, 2005, he had approved Enr. Committee Substitute for House Bill No. 2285 and Enr. House Bill No. 2286.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 2nd day of March, 2005, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. No. 261), Providing for special election proposing amendment to Constitution designated Pension Bond Amendment.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 19, Creating Office of Inspector General within Department of Health and Human Resources.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 19 (originating in the Committee on Health and Human Resources)--A Bill to repeal §9-4-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §9-2-6 of said code, relating to elimination of the Dormant Advisory Board for the Secretary of the Department of Health and Human Resources; and adding within the Department of Health and Human Resources the Office of Inspector General.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 226, Relating to cross-reporting when abuse or neglect of individuals or animals suspected.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 226 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §7-10-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §9-6-9 of said code; to amend said code by adding thereto a new section, designated §9-6-9a; to amend and reenact §48-27-702 of said code; to amend and reenact §49-6A-2 of said code; and to amend said code by adding thereto a new section, designated §49-6A-2a, all relating to requiring cross-reporting among child protective service workers, adult protective service workers, law-enforcement officers and humane officers of suspected child abuse or neglect, suspected abuse or neglect of incapacitated or elderly adults or animal cruelty or inhumane treatment; and providing penalties.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 226), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 236, Requiring training in Alzheimer's disease in certain health care facilities.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Presioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 314, Authorizing Department of Environmental Protection promulgate legislative rule relating to permits for construction and major modification of major stationary sources of air pollution for prevention of significant deterioration.
Senate Bill No. 315, Authorizing Department of Environmental Protection promulgate legislative rule relating to emission standards for hazardous air pollutants pursuant to 40 CFR Part 61.
Senate Bill No. 316, Authorizing Department of Environmental Protection promulgate legislative rule relating to standards of performance for new stationary sources.
Senate Bill No. 317, Authorizing Department of Environmental Protection promulgate legislative rule relating to permits for construction and major modification of major stationary sources of air pollution which cause or contribute to nonattainment.
Senate Bill No. 318, Authorizing Department of Environmental Protection promulgate legislative rule relating to prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities.
Senate Bill No. 319, Authorizing Department of Environmental Protection promulgate legislative rule relating to emission standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63.
Senate Bill No. 320, Authorizing Department of Environmental Protection promulgate legislative rule relating to surface mining blasting.
Senate Bill No. 321, Authorizing Department of Environmental Protection promulgate legislative rule relating to surface mining reclamation.
Senate Bill No. 322, Authorizing Department of Environmental Protection promulgate legislative rule relating to hazardous waste management.
And,
Senate Bill No. 324, Authorizing Department of Environmental Protection promulgate legislative rule relating to National Pollutant Discharge Elimination System (NPDES) Program.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 323, Authorizing Department of Environmental Protection promulgate legislative rule relating to underground storage tank fee assessments.
And,
Senate Bill No. 325, Authorizing Department of Environmental Protection promulgate legislative rule relating to water pollution control permit fee schedules.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 327, Authorizing Board of Dental Examiners promulgate legislative rule relating to formation and approval of professional limited liability companies.
Senate Bill No. 357, Authorizing Insurance Commissioner promulgate legislative rule relating to examiners and examinations.
Senate Bill No. 358, Authorizing Insurance Commission promulgate legislative rule relating to surplus lines insurance.
Senate Bill No. 359, Authorizing Insurance Commissioner promulgate legislative rule relating to cancellation and nonrenewal of automobile liability policies.
Senate Bill No. 360, Authorizing Insurance Commission promulgate legislative rule relating to continuing education for individual insurance producers.
Senate Bill No. 361, Authorizing Insurance Commissioner promulgate legislative rule relating to valuation of life insurance policies.
Senate Bill No. 363, Authorizing Insurance Commissioner promulgate legislative rule relating to insurance fraud prevention.
And,
Senate Bill No. 364, Authorizing Insurance Commissioner promulgate legislative rule relating to small employer eligibility requirements.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 382, Authorizing Board of Risk and Insurance Management promulgate legislative rule relating to Public Entities Insurance Program.
And,
Senate Bill No. 383, Authorizing Board of Risk and Insurance Management promulgate legislative rule relating to Patient Injury Compensation Fund.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senator Bailey:
Senate Bill No. 422--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-15-51, relating to requiring motor vehicles used for local, multistop deliveries to install back-up alarms.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 423--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-13A-8a, relating to requiring public service districts to comply with roadside construction posting and safety standards.
Referred to the Committee on Transportation and Infrastructure.
By Senators Unger and Yoder:
Senate Bill No. 424--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §44-1-29, relating to the authority of personal representatives with regard to conservation or preservation easements; and providing that a personal representative may sell, donate or amend conservation or preservation easements under certain conditions.
Referred to the Committee on Natural Resources.
By Senators Foster, Dempsey and Unger:
Senate Bill No. 425--A Bill to amend and reenact §7-14D-5, §7- 14D-7 and §7-14D-13 of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System; concurrent contributions by members and employers; credit for nondeputy sheriff service in the Public Employees Retirement System prior to transfer; and treatment of withdrawals not repaid prior to transfer.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Jenkins and Weeks:
Senate Bill No. 426--A Bill to amend and reenact §21-5F-2 of the Code of West Virginia, 1931, as amended, relating to changing the definition of "hospital" within the Nurse Overtime and Patient Safety Act to apply nurse overtime limitations and restrictions to state-operated hospitals.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 427--A Bill to repeal §33-25A-24a, §33-25A-24b, §33-25A-29 and §33-25A-30 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-25A-3a, §33-25A-12, §33-25A-14, §33-25A-17, §33-25A-22, §33-25A-23 and §33-25A-24 of said code; to amend said code by adding thereto a new section, designated §33-25A-14a; and to amend and reenact §33-40-1, §33-40-2, §33-40-3, §33-40-6 and §33-40-7 of said code, all relating to health maintenance organizations; eliminating the requirement that a health maintenance organization be incorporated in this state in order to obtain a certificate of authority; eliminating the requirement of annual application for renewal of certificates of authority; increasing the time copies of grievances must be retained; permitting health status to be a basis for underwriting individual policies; changing the period in which examinations must be performed by the Commissioner from three to five years; increasing the filing fee for annual reports; correcting a reference; clarifying scope of Commissioner's powers in performing examinations; clarifying that Insurance Fraud Prevention Act applies to health maintenance organizations; defining terms; and subjecting health maintenance organizations to risk-based capital requirements.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 428--A Bill to repeal §17-24-1, §17-24-2, §17- 24-3, §17-24-4, §17-24-5, §17-24-6, §17-24-7, §17-24-8, §17-24-9 and §17-24-10 of the Code of West Virginia, 1931, as amended; to repeal §20-7-24, §20-7-25, §20-7-26, §20-7-27, §20-7-28 and §20-7- 29 of said code; to repeal §20-11-1, §20-11-2, §20-11-3, §20-11-4, §20-11-5, §20-11-6, §20-11-7, §20-11-8, §20-11-9, §20-11-10, §20- 11-11 and §20-11-12 of said code; and that said code be amended by adding thereto a new article, designated §22-15A-1, §22-15A-2, §22- 15A-3, §22-15A-4, §22-15A-5, §22-15A-6, §22-15A-7, §22-15A-8, §22-15A-9, §22-15A-10, §22-15A-11, §22-15A-12, §22-15A-13, §22-15A-14, §22-15A-15, §22-15A-16, §22-15A-17, §22-15A-18, §22-15A-19, §22- 15A-20, §22-15A-21, §22-15A-22, §22-15A-23, §22-15A-24, §22-15A-25 and §22-15A-26, all relating to the Rehabilitation Environmental Action Plan; consolidating litter control, open dump elimination and reclamation, waste tire cleanup and recycling programs; defining certain terms; providing for litter control and recycling programs; providing additional duties of Secretary of the Department of Environmental Protection; providing penalties for the unlawful disposal of litter; providing for litter control education; creating the pollution prevention and open dump program; providing for assistance to solid waste authorities for litter and solid waste plans; prohibiting waste tires in certain places; providing for penalty for violations thereof; providing that the Department of Environmental Protection is to administer funds for waste tire remediation; authorizing the Secretary of the Department of Environmental Protection to promulgate rules; providing for the disposal of waste tires; providing for the creation of the A. James Manchin Fund; establishing remediation and liability for remediation; clarifying that Commissioner for Bureau for Public Health has the authority to regulate public health matters; establishing recycling goals and plans; establishing county recycling programs for solid waste; providing for a recycling assessment fee; providing for criminal penalties; establishing state recycling program for solid waste; providing for the procurement of recycled products; prohibiting the disposal of certain items; creating the Recycled Oil Advisory Committee; encouraging newsprint recycling; establishing Recycled Newsprint Advisory Committee; providing for studying the feasibility of recycling industries; and exempting certain recycling facilities from regulation.
Referred to the Committee on Natural Resources; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Prezioso, Plymale, Jenkins, McCabe, Foster, Dempsey and Hunter:
Senate Bill No. 429--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to creating a new organ donor license plate.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 430--A Bill to repeal §5-16-7b of the Code of West Virginia, 1931, as amended; to repeal §5-16C-1, §5-16C-2, §5-16C-3, §5-16C-4, §5-16C-5, §5-16C-6, §5-16C-7, §5-16C-8, §5-16C-9 and §5-16C-10 of said code; to repeal §5A-3-1a of said code; to repeal §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17 of said code; to amend said code by adding thereto a new article, designated §5-16D-1, §5-16D-2, §5-16D-3, §5-16D-4, §5-16D-5, §5-16D-6, §5-16D-7, §5-16D-8, §5-16D-9, §5-16D-10, §5-16D-11, §5-16D-12, §5-16D-13, §5-16D-14, §5-16D-15, §5-16D-16, §5-16D-17, §5-16D-18, §5-16D-19, §5-16D-20, §5-16D-21, §5-16D-22, §5-16D-23, §5-16D-24, §5-16D-25, §5-16D-26, §5-16D-27, §5-16D-28, §5-16D-29 and §5-16D-30; to amend and reenact §5F-2-2 of said code; and to amend and reenact §29-22-18a of said code, all relating generally to the creation of the Office of the Pharmaceutical Advocate; legislative findings; defining terms; powers and duties of the Office of the Pharmaceutical Advocate; creation of the cabinet- level position of the Pharmaceutical Advocate; qualifications and salary of the Pharmaceutical Advocate; powers and duties of the Pharmaceutical Advocate; creation of the Pharmaceutical Advisory Council; qualifications of Council members; powers and duties of the Council; reporting requirements of the Council, the Pharmaceutical Advocate and the Office of the Pharmaceutical Advocate; transferring powers and duties of the West Virginia Public Employees Insurance Agency to negotiate for and purchase pharmaceuticals to the Pharmaceutical Advocate; repealing the Prescription Drug Costs Management Act; transferring the powers and duties to negotiate and execute prescription drug purchasing agreements to the Pharmaceutical Advocate; transfer of the powers and duties to negotiate and execute pharmacy benefit management contracts to the Pharmaceutical Advocate; exempting the Pharmaceutical Advocate from state purchasing requirements; authority to investigate the feasibility of purchasing Canadian drugs; authority to investigate multistate discussion groups and agreements; transfer of the Clearinghouse Program to the Pharmaceutical Advocate; transfer of the Pharmaceutical Discount Program to the Pharmaceutical Advocate; authorizing the Pharmaceutical Advocate to take advantage of Acts of Congress, accept gifts, grants and matching funds; continuing agency management ability until the Office of the Pharmaceutical Advocate is operational; prohibiting restraint of trade; providing civil and criminal penalties for restraint of trade; reporting of advertising costs to the Pharmaceutical Advocate; state role and responsibilities; participation by all state agencies who are payors for prescription drugs; authority for the Pharmaceutical Advocate to investigate participation in a preferred drug list by private individuals, commercial insurance carriers and self-insured companies; rule-making authority; identifying potential use of savings; sunset provisions; severability provision; repeal of the Pharmaceutical Availability and Affordability Act; transfer of the powers and duties of the West Virginia Pharmaceutical Cost Management Council to the Office of the Pharmaceutical Advocate; providing authority for the secretary of each department to cooperate with the Office of the Pharmaceutical Advocate in the purchase of prescription drugs; and eliminating requirement that the Governor focus resources on creation of a prescription drug program from the state Lottery Act.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Deem and Tomblin (Mr. President):
Senate Bill No. 431--A Bill to amend and reenact §5A-4-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-1-1 of said code, all relating to placing the West Virginia Cultural Center under the authority and control of the General Services Division of the Department of Administration.
Referred to the Committee on Government Organization.
By Senators Foster, Jenkins, Dempsey, Unger and Hunter:
Senate Bill No. 432--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-26t, relating to increasing supplemental benefits to all teacher retirement annuities.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Helmick and Dempsey:
Senate Bill No. 433--A Bill to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as amended, relating to the Environmental Protection Advisory Council generally; increasing the membership of the Council to nine members; specifying represented organizations and entities; and making certain procedural changes in board activities.
Referred to the Committee on Energy, Industry and Mining.
By Senator Bailey:
Senate Bill No. 434--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-15-51, relating to requiring door-to-door delivery motor vehicles to install warning lights and reflector signs on the rear of the motor vehicle warning of frequent stops.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
Senators Kessler, Helmick, Plymale, Prezioso, Boley, McKenzie, Jenkins, Dempsey, Unger, McCabe, Barnes, Hunter, Minard and Foster offered the following resolution:
Senate Concurrent Resolution No. 33--Requesting the Joint Committee on Government and Finance study the current status of mental health services for adolescents in an effort to reduce suicide and delinquency rates.
Whereas, At-risk youth are more likely to either attempt or commit suicide or engage in delinquent acts; and
Whereas, Suicide is the second leading cause of death for teenagers aged 15 to 19; and
Whereas, Depression affects nearly one in every eight adolescents and is the leading cause of suicide; and
Whereas, Mental illness, like physical illnesses, is treatable and 80 percent of people who seek treatment for depression show improvement; and
Whereas, Mental and behavioral health services are not adequate or available for many of West Virginia's youth; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the current status of mental health services for adolescents in an effort to reduce suicide and delinquency rates; and, be it
Further Resolved, That 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 eighth order of business.
Eng. Com. Sub. for Senate Bill No. 198, Relating to fire safety standards for bed and breakfast establishments.
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, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Weeks--1.
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. 198) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
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. 40, Limiting time purchaser of certain real estate at sheriff's sales may claim refund.
Senate Bill No. 42, Limiting liability for waste tire remediation costs for certain owners of real property.
Com. Sub. for Senate Bill No. 101, Allowing county commission or municipality to request traffic control signal be used as flashing signal.
Senate Bill No. 152, Permitting county commissions to alter observance of legal holidays for county employees.
And,
Com. Sub. for Senate Bill No. 268, Relating to underage possession of beer and liquor; penalty.
Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, March 3, 2005, at 11 a.m.
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