(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
TWENTY-THIRD DAY
____________
Charleston, W. Va., Thursday, March 3, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Franklin D. Thomas, Living Faith
Church, Marmet, West Virginia.
Pending the reading of the Journal of Wednesday, March 2,
2005,
On motion of Senator Bowman, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Tomblin (Mr. President) presented a communication from
the Executive Compensation Commission, submitting its report as
required by chapter five-f, article one, section three-a of the
code of West Virginia.
Which communication and report were received on March 2, 2005,
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. Com. Sub. for House Bill No. 2106--A Bill to amend and
reenact §48-1-230 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto two new sections,
designated §48-18-119a and §48-18-119b, all relating to child
support generally; providing for liens upon child support obligors'
proceeds from workers' compensation awards, from civil settlements,
judgments or awards from arbitration or other alternative dispute
resolutions.
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. 2329--A Bill to amend and reenact
§61-11A-4 of the Code of West Virginia, 1931, as amended, relating
to authorizing a court to order a defendant to contribute
monetarily or through hours of service to a local crime victim's
assistance program or juvenile mediation program which meets
certain requirements.
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. Com. Sub. for House Bill No. 2477--A Bill to amend and
reenact §38-8-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §46A-2-136 of said code, all relating to
exemptions from execution or other judicial process of certain
personal property.
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. Com. Sub. for House Bill No. 2592--A Bill to amend and
reenact §5-22A-2, §5-22A-3, §5-22A-4, §5-22A-5, §5-22A-6, §5-22A-7,
§5-22A-8, §5-22A-10, §5-22A-11, §5-22A-12 and §5-22A-15 of the Code
of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §5-22A-9a, all relating to
the Design-Build Procurement Act; defining certain terms; providing
for reimbursement of expenses of members of Design-Build Board;
modifying the duties and responsibilities of the Design-Build
Board; modifying requirements for approval of design-build
projects; clarifying that authority to enter into design-build
contracts terminates when Board terminates; providing for monthly
progress reports on design-build projects; requiring annual reports
to the Legislature; revising rule-making authority and
requirements; modifying requirements for performance criteria
developers; prohibiting agency employees from serving as
performance criteria developers except in certain circumstances;
establishing requirements for issuing invitations for
qualifications and invitations for proposals; providing for
selection of qualified design-builders; revising proposal requirements; providing for separate evaluation of technical
submissions and cost submissions; providing for Board approval of
technical submissions; and providing for continuation of the Board.
Referred to the Committee on Government Organization; 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. House Bill No. 2634--A Bill to amend and reenact §5-14-2,
§5-14-3, §5-14-5 and §5-14-6 of the Code of West Virginia, 1931, as
amended, all relating to removal of the requirement that the West
Virginia Commission for the Deaf and Hard-of-Hearing maintain a
register of persons who are deaf or hard of hearing and conduct and
maintain a census of both populations in West Virginia; and making
technical changes.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2666--A Bill to amend and reenact §9-2-1a
of the Code of West Virginia, 1931, as amended, relating to
continuation of the Department of Health and Human Resources.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2667--A Bill to amend and reenact §5-14-12
of the Code of West Virginia, 1931, as amended, relating to
continuation of the West Virginia Commission for the Deaf and Hard-
of-Hearing.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 78, Expanding counties covered by Route 2 and
Interstate 68 Authority.
And,
Senate Bill No. 411, Extending time for county commission of
Tyler County to meet as levying body.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 130, Relating to investment powers of
Investment Management Board.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Government Organization pending.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 312, Authorizing Contractor Licensing Board
promulgate legislative rule relating to Contractor Licensing Act.
And has amended same.
Senate Bill No. 326, Authorizing Board of Dental Examiners
promulgate legislative rule relating to Board.
And has amended same.
Senate Bill No. 329, Authorizing Board of Dental Examiners
promulgate legislative rule relating to formation and approval of
dental corporations.
And has amended same.
Senate Bill No. 395, Authorizing Board of Veterinary Medicine
promulgate legislative rule relating to organization and operation.
And has amended same.
And,
Senate Bill No. 396, Authorizing Board of Veterinary Medicine
promulgate legislative rule relating to certified animal euthanasia
technicians.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary, with
amendments from the Committee on Government Organization pending.
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. 362, Authorizing Insurance Commissioner
promulgate legislative rule relating to recognition of 2001 CSO
Mortality Table for use in determining minimum reserve liabilities
and nonforfeiture benefits.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Banking and Insurance pending.
Senator Unger, from the Committee on
Transportation and
Infrastructure
, submitted the following report, which was received:
Your Committee on
Transportation and Infrastructure
has had
under consideration
Senate Bill No. 414, Relating to child passenger safety and
booster seats.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 414 (originating in the
Committee on
Transportation and Infrastructure
)--
A Bill to amend
and reenact §17C-15-46 of the Code of West Virginia, 1931, as
amended, relating to the use of child safety booster seats for
children under eight years of age unless the child is at least four
feet nine inches tall or taller.
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,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 414), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Unger, from the Committee on
Transportation and
Infrastructure
, submitted the following report, which was received:
Your Committee on
Transportation and Infrastructure
has had
under consideration
Senate Concurrent Resolution No. 12, Requesting Division of
Highways name bridge on Route 49 at Matewan "Michael S. Justice
Bridge".
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on
Transportation and
Infrastructure
, submitted the following report, which was received:
Your Committee on
Transportation and Infrastructure
has had
under consideration
Senate Concurrent Resolution No. 14, Requesting Division of
Highways name bridge at Peytona, Boone County, "Charles R. Carrico
Memorial Bridge".
Senate Concurrent Resolution No. 15, Requesting Division of
Highways name bridge on Turnpike at Sharon "Tony DeRaimo Memorial Bridge".
Senate Concurrent Resolution No. 18, Requesting Division of
Highways name bridge on Route 73, between Fairmont and Boothsville
in Marion County, "Andrew G. and Carmen L. Hauge Bridge".
And,
Senate Concurrent Resolution No. 19, Requesting Division of
Highways name bridge on Interstate 79 at Route 310, at East Grafton
Road, "Anthony Joseph Yanero Memorial Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on
Transportation and
Infrastructure
, submitted the following report, which was received:
Your Committee on
Transportation and Infrastructure
has had
under consideration
Senate Concurrent Resolution No. 17, Requesting Division of
Highways name Fort Hill Bridge in Charleston "Eugene A. Carter
Bridge".
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
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 Kessler and Jenkins:
Senate Bill No. 435--
A Bill to amend and reenact §8-10-2b of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §17B-3-3c and §17B-3-9 of said code, all relating to the
powers and duties of municipal courts; failure to appear for
municipal court hearings; failure to pay municipal court fines and
fees; cancellation, suspension and revocation of driver's licenses;
payment of fines and fees from state income tax refund; allocation
of income tax refund; and suspension of license to continue until
fees, fines and reinstatement fee paid.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Tomblin (Mr. President):
Senate Bill No. 436-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
15-9k, relating generally to exempting commissions paid to
telecommunication brokers from consumers sales and service tax; and
defining certain terms.
Referred to the Committee on Finance.
By Senator McCabe:
Senate Bill No. 437--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §5-22-3, relating to requiring contractors awarded state
public works construction projects to meet time restrictions for
the completion of a public works construction project; defining
"public works construction contract"; providing a monetary penalty
for failure to complete a public works construction project on the
agreed-upon completion date; providing exceptions in which
extensions may be granted; providing limitations upon an increase
in contract price, or extension of time to complete a project, in
the event of change orders; and directing the Secretary of the
Department of Administration to propose legislative rules designed
to implement the law.
Referred to the Committee on Finance.
By Senators Unger, Yoder and Barnes:
Senate Bill No. 438--A Bill to amend and reenact §24A-1-3 of
the Code of West Virginia, 1931, as amended, relating to allowing
an exemption for certain county or regional solid waste authority-
designated motor carriers of recyclable materials from the
certificate of convenience requirements; preserving the Public
Service Commission's jurisdiction over drivers and carriers for
safety and insurance purposes; removing the provision that these
carriers provide the recycling hauling service free of charge; and
requiring reporting to county solid waste authorities.
Referred to the Committee on the Judiciary.
By Senators Unger, Yoder and Barnes:
Senate Bill No. 439--
A Bill to amend and reenact §24A-1-3 of
the Code of West Virginia, 1931, as amended, relating to allowing an exemption for certain county or regional solid waste authority-
designated motor carriers of commercial solid waste from the
certificate of convenience requirements; and providing that the
Public Service Commission has jurisdiction over these carriers for
purposes of regulating vehicle safety and insurance.
Referred to the Committee on the Judiciary.
By Senators Unger, Yoder and Barnes:
Senate Bill No. 440-
A Bill to amend and reenact §18-1-1 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§18-9A-2, §18-9A-7, §18-9A-9, §18-9A-10, §18-9A-12 and §18-9A-15 of
said code, all relating to removing the delay in school aid formula
funding for increased student enrollment; providing the use of
projected net and adjusted enrollments for state aid calculations
when the projections are greater than the second month of the prior
year data; defining terms; aligning other affected code provisions;
updating provisions and removing obsolete language; changing
calculation of reimbursement for replacement of buses with certain
mileage; and advancing date for certain report by Tax Commissioner.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Hunter, Unger and Love:
Senate Bill No. 441--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17A-3-15a, relating to providing that disabled veterans
and veterans who received the purple heart may park free at metered
parking spaces at any municipality in the state.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators McKenzie, Kessler, Edgell, Facemyer and Lanham:
Senate Bill No. 442--A Bill to amend and reenact §29-22-18 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §29-22C-1, §29-22C-2,
§29-22C-3, §29-22C-4, §29-22C-5, §29-22C-6, §29-22C-7, §29-22C-8,
§29-22C-9, §29-22C-10, §29-22C-11, §29-22C-12, §29-22C-13, §29-22C-
14, §29-22C-15, §29-22C-16, §29-22C-17, §29-22C-18, §29-22C-19,
§29-22C-20, §29-22C-21, §29-22C-22, §29-22C-23, §29-22C-24, §29-
22C-25, §29-22C-26, §29-22C-27, §29-22C-28, §29-22C-29, §29-22C-30,
§29-22C-31, §29-22C-32, §29-22C-33 and §29-22C-34, all relating
generally to authorizing table games at licensed horse and dog
racetracks and providing therefor; providing for legislative
findings and intent; requiring local option elections to approve
licensure of authorized table games at racetrack facilities;
defining certain terms; providing for duties and powers and
administrative expenses of the State Lottery Commission;
appointment of Lottery Commission staff; adoption and proposal of
rules; providing for licenses to engage in activities related to
operation of authorized table games at racetrack facilities;
qualifications for applicant for license to operate authorized
table games at a racetrack facility; floor plan requirements;
coordination of licensed activities; license application
requirements; racetrack table games licensee qualifications;
license fees; requirement for surety bond; issuance of licenses and prohibiting transfer, assignment, sale or pledge as collateral;
audits and reports of licensee; duties of racetrack table games
licensees; requirements for supplier licensees; requirements for
license for employees of operator of racetrack with authorized
table games; prohibition of false statements on application for
license; grounds for denial, revocation or suspension of license;
hearing procedures; expiration and renewal of licenses; renewal
fees; information included on license; display and availability of
license; notice of change of address; promulgation of legislative
and emergency rules; commission approval of table games rules of
play; determination of betting limits, operations and services by
racetrack licensee; posting of betting limits; standards for
offering complimentary goods and services; contract agreements and
cost for law-enforcement services; warrantless searches of person
and property; imposing privilege tax on adjusted gross receipts of
racetrack with authorized table games; providing for filing and
payment of taxes; creating state racetrack table games fund;
distribution of amounts in fund; prohibited wagers and other
activities; prohibiting wagers by certain persons; establishing
criminal offenses and penalties; forfeiture of certain property;
providing civil penalties; preemption of certain local laws and
rules; exemption from certain federal laws relating to shipment of
gambling devices; and severability.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Hunter, Dempsey and Jenkins:
Senate Bill No. 443--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
all monetary benefits derived from military retirement from
personal income tax obligations.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Unger and Hunter:
Senate Bill No. 444-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §17C-
4A-1, §17C-4A-2, §17C-4A-3, §17C-4A-4, §17C-4A-5 and §17C-4A-6, all
relating to careless driving generally; providing a short title;
defining "careless driving"; establishing the offense of careless
driving; providing criminal penalties for violations; requiring the
Commissioner of the Division of Motor Vehicles to assess points
against the driver's license of a person convicted of careless
driving; requiring the Commissioner of the Division of Motor
Vehicles to suspend the license of a person convicted of careless
driving that causes the unintentional death of another person or
causes serious bodily injury to another person; and requiring the
Commissioner of the Division of Motor Vehicles to propose
legislative rules.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 445-
A Bill to amend and reenact §30-36-7 and
§30-36-19 of the Code of West Virginia, 1931, as amended, all
relating to the West Virginia Acupuncture Board; requiring routine inspections of acupuncture facilities; authorizing the Board to
take action against persons violating the code and Board rules
without first having received a written complaint; and correcting
an incorrect citation.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bowman and Unger:
Senate Bill No. 446-
A Bill to amend and reenact §30-1-12 of
the Code of West Virginia, 1931, as amended, relating to requiring
certain state boards of examination and registration to have
websites accessible to the public; specifying minimum content;
requiring the Information Services and Communications Division
within the Department of Administration to assist the boards in
developing the websites; and requiring the Governor to ensure that
links to each of the boards websites are accessible through the
state's internet home page.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bowman and Unger:
Senate Bill No. 447-A Bill to amend and reenact §5B-2-12 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Tourism Commission to promulgate emergency rules
addressing the use of money from the Tourism Promotion Fund for
direct advertising within the state's travel regions.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bowman, Dempsey, Minear, Unger and Hunter:
Senate Bill No. 448-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
10-25, relating to creating a voluntary tax check-off program to
support James "Tiger" Morton Catastrophic Illness Fund.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 449-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §5A-
3-58, relating to requiring the Director of the Purchasing Division
of the Department of Administration to establish a Vendor
Performance Evaluation Program.
Referred to the Committee on Government Organization.
By Senator Bowman:
Senate Bill No. 450-
A Bill to amend and reenact §30-1-11 of
the Code of West Virginia, 1931, as amended, relating to
prohibiting a board member of a board of examination or
registration created in chapter thirty of said code from receiving
compensation for travel days before or after the day of a board
meeting.
Referred to the Committee on Government Organization.
By Senator Sharpe:
Senate Bill No. 451-
A Bill to amend and reenact §60-8-3, §60-
8-6 and §60-8-18 of the Code of West Virginia, 1931, as amended,
all relating to the sale of wine; imposing an annual 25-dollar fee for licenses allowing wine to be shipped to adult residents from
wineries and retailers who are licensed in their state of domicile;
restrictions on shipment; collection and remittance of taxes;
requiring adult signature; and allowing the Commissioner to revoke
or suspend the license of a licensee, place licensee on probation
and impose a monetary penalty on licensee for violation of article
or any rule promulgated or order issued by the Commissioner.
Referred to the Committee on Finance.
By Senators Caruth and Yoder:
Senate Joint Resolution No. 10--
Proposing an amendment to the
Constitution of the State of West Virginia, amending article VI
thereof by adding thereto a new section, designated section 57,
relating to clarifying that the Constitution does not require the
State to pay for any abortion; numbering and designating such
proposed amendment; and providing a summarized statement of the
purpose of such proposed amendment.
Referred to the Committee on Health and Human Resources; then
to the Committee on the Judiciary; and then to the Committee on
Finance.
Senator Weeks offered the following resolution:
Senate Concurrent Resolution No. 34--
Requesting the Division
of Highways name the bridge on Posey-Saxon Road in Arnett, Raleigh
County, the "Sergeant Billy Ray Holmes Memorial Bridge".
Whereas, Billy Ray Holmes was born June 12, 1948, in
Charleston, Kanawha County, the son of W. T. and Janet Holmes; and
Whereas, Billy Ray Holmes, who lived most of his life in Arnett, Raleigh County, received his education in the public
schools and graduated from Marsh Fork High School in 1966; and
Whereas, In 1967, Billy Ray Holmes joined the United States
Army and began a tour of duty in Vietnam in June of that year; and
Whereas, On July 3, 1968, Sergeant Billy Ray Holmes was killed
in action in Tay Ninh, Vietnam; and
Whereas, In recognition of his distinguished and outstanding
meritorious service in connection with operations against hostile
forces, Sergeant Billy Ray Holmes was posthumously awarded the
Bronze Star Medal and the Order of the Purple Heart Medal; and
Whereas, It is fitting that a lasting tribute be made in honor
of Sergeant Billy Ray Holmes who paid the ultimate price in an
effort to bring peace and liberty to a foreign land; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on Posey-Saxon Road in Arnett, Raleigh County, the
"Sergeant Billy Ray Holmes Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and place signs designating the bridge as the
"Sergeant Billy Ray Holmes Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senators Prezioso, Hunter, Sharpe, Unger, Foster, Boley, Dempsey, Jenkins and Barnes offered the following resolution:
Senate Concurrent Resolution No. 35--
Requesting the Joint
Committee on Government and Finance direct the Legislative
Oversight Commission on Health and Human Resources Accountability
study the obesity epidemic in West Virginia by monitoring ongoing
state activities to curtail obesity.
Whereas, The United States experienced unprecedented increases
in obesity in the last decade. In 1991, no state had an obesity
rate of 20 percent or higher but by 2000, 22 states reported
obesity rates of 20 percent or higher. These increases include all
ages, racial and ethnic groups and both genders; and
Whereas, West Virginia ranks first among all states in
obesity. About one third of all adults in West Virginia are
overweight and one in four are obese; and
Whereas, Forty percent of children in West Virginia are either
overweight or obese and this prevalence has nearly tripled in the
past two decades; and
Whereas, Obesity is associated with increased mortality and
risk for a number of disorders, including cardiovascular disease,
hypertension, stroke, Type II diabetes, osteoarthritis and certain
cancers; and
Whereas, Obesity has a significantly greater effect on the
number of chronic conditions than the effects of current or past
smoking or problem drinking; and
Whereas, A study by Obesity Research shows the estimated adult
obesity-attributable medical expenditures in West Virginia are $588 million for the total population, $140 million for the Medicare
population and $187 million for the Medicaid population; and
Whereas, According to the United States Centers for Disease
Control and Prevention, if this trend is not reversed,
obesity-related health problems and associated costs will soon
surpass those associated with tobacco; and
Whereas, Research indicates that strong, healthy bodies
promote learning and enhance mental and emotional health, social
development, self-esteem and overall fitness and that combining
physical activity with an academic curriculum results in an overall
increase in academic performance among school-age children; and
Whereas, Childhood detection and treatment of obesity, as well
as an emphasis on physical and nutritional education, provide an
opportunity for the development of lifelong health and fitness
skills and proper eating habits; and
Whereas, Obesity is a preventable and treatable disease that
has reached epidemic proportions. Education, prevention and proper
treatment can reduce health care costs and improve the quality of
life for a significant number of adults and children in West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to direct the Legislative Oversight Commission on Health
and Human Resources Accountability study the obesity epidemic in
West Virginia by monitoring ongoing state activities to curtail
obesity; and, be it
Further Resolved, That the Joint Committee on Government and
Finance urges the Governor, the Legislature, the Department of
Health and Human Resources, the Public Employees Insurance Agency,
the Department of Education and other state agencies and
institutions to make prevention and treatment of obesity a priority
and to work in conjunction with the Legislative Oversight
Commission on Health and Human Resources Accountability to reduce
obesity and improve the health and wellness of the residents of
West Virginia through the following measures:
(1) Working collaboratively with federal agencies, such as the
United States Centers for Disease Control and Prevention, and other
states to promote guidelines and best practices in the prevention
and treatment of obesity;
(2) Educating the medical community, teachers and school
administrators, employers and the general public about the scope of
the problem and ways to prevent and treat obesity in adults and
children;
(3) Providing incentives and promoting the availability of
obesity-related treatment in the state Medicaid program, PEIA and
other state-funded insurance programs;
(4) Identifying and implementing strategies to increase the
amount of daily quality physical activity and nutrition education
in the curriculum of public schools; and
(5) Providing incentives for workplace initiatives to combat
obesity and encourage physical activity; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study potential policies and
legislation to encourage people to change their lifestyles which
would result in dramatic changes in outcome measures on obesity
within five years; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Prezioso, Hunter, Sharpe, Unger, Boley, Foster,
Dempsey, Jenkins and Barnes offered the following resolution:
Senate Concurrent Resolution No. 36--
Requesting the Joint
Committee on Government and Finance direct the Legislative
Oversight Commission on Health and Human Resources Accountability
study the establishment of home- or community-based long-term
support programs and services for disabled persons in West
Virginia.
Whereas, Disabilities in no way diminish a person's right to
live independently, to enjoy self-determination and consumer-
directed services, to make choices, to contribute to society and to
enjoy full inclusion and integration in the mainstream of American society; and
Whereas, Individuals with disabilities who need long-term
services prefer to receive these services in home- and community-
based settings rather than in institutions and nursing homes; and
Whereas, Due to funding biases, many of these individuals are
forced to live in unnecessarily segregated institutional settings
in order to receive long-term services; and
Whereas, The United States Supreme Court has ruled in Olmstead
v. L. C., 527 U. S. 581 (1999) that persons with disabilities have
the right to live in the most integrated setting appropriate to
each person's needs and that each state must ensure that basic
civil right to citizens with disabilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to direct the Legislative Oversight Commission on Health
and Human Resources Accountability study the establishment of home-
or community-based long-term support programs or services for
disabled persons in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance consult with the Department of Health and Human Resources
and representatives of individuals with disabilities on developing
home- and community-based long-term support programs and services
for disabled persons; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Edgell, Kessler and Minear offered the following
resolution:
Senate Resolution No. 14--
Congratulating the Ritchie County
High School girls' cross country team on winning the 2004 Class AA
championship.
Whereas, The Ritchie County High School girls' cross country
team had an exceptional season which earned it the opportunity to
participate in the 2004 Class AA championship playoffs; and
Whereas, The Ritchie County High School girls' cross country
team won the 2004 Class AA championship; and
Whereas, The coaching staff of the Ritchie County High School
girls' cross country team, consisting of Head Coach Terry Spangler
and assistant coaches Dave Mosser, Angie Sellers and Pauletta
Lafferre, is commended for its outstanding leadership ability; and
Whereas, The Ritchie County High School girls' cross country
team, consisting of Jamie Cokeley, Melanie Manning, Angie Kimbler,
Brittany Sellers, Sam Crouch, Heather Sealover and Liz Garvin, is
commended for their outstanding athletic ability, team spirit and
sportsmanship; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Ritchie County High
School girls' cross country team on winning the 2004 Class AA
championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Ritchie County High School girls'
cross country team.
At the request of Senator Kessler, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Edgell, Kessler and Minear offered the following
resolution:
Senate Resolution No. 15--
Congratulating the Ritchie County
High School girls' volleyball team on winning the 2004 Class AA
championship.
Whereas, The Ritchie County High School girls' volleyball team
had an exceptional season with a record of 34-4, earning it the
opportunity to participate in the 2004 Class AA championship
playoffs; and
Whereas, The Ritchie County High School girls' volleyball team
won the 2004 Class AA championship for the first time in school
history; and
Whereas, The coaching staff of the Ritchie County High School
girls' volleyball team, consisting of Head Coach Marsha Knight,
assistant coaches Stephanie Seese and Katrina Dotson and
statistician Vena Carpenter, is commended for its outstanding
leadership ability; and
Whereas, The Ritchie County High School girls' volleyball
team, consisting of Jenna Rollins, Hannah Shepard, Vanessa Ridgway,
Amanda Chancey, Lacy Dodd, Kylia Perkins, Courtney Bunner, Kelly
Spangler, Lauren Benedum, Betsy Nelson, Lindsey Richards, Shayna
Dodd, Karissa Ezell and Cassie Bunner, is commended for their
outstanding athletic ability, team spirit and sportsmanship;
therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Ritchie County High
School girls' volleyball team on winning the 2004 Class AA
championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Ritchie County High School girls'
volleyball team.
At the request of Senator Kessler, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
At the request of Senator Boley, unanimous consent being
granted, Senators Boley, Bailey, Barnes, 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) offered the
following resolution from the floor:
Senate Resolution No. 16--Designating March 3, 2005, as
"Women's Day".
Whereas, Women comprise 52 percent of the population of West
Virginia; and
Whereas, In their roles as mothers, wives, daughters, sisters,
workers, friends, caretakers, activists and volunteers, women make
enormous contributions to West Virginia's economy, families,
communities and general well-being; and
Whereas, West Virginia is proud of the accomplishments and
achievements of women in our state; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 3, 2005, as "Women's
Day"; and, be it
Further Resolved, That the Senate hereby recognizes the many
contributions of women to the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials with the
West Virginia Women's Commission.
At the request of Senator Boley, unanimous consent being granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Petitions
Senator Chafin presented a petition from Tommy Prater, Sr.,
and numerous West Virginia residents, requesting the Legislature
change firearm deer season regulations in southern West Virginia.
Referred to the Committee on Natural Resources.
Senator Oliverio presented a petition from Daria Sperry and
numerous West Virginia residents, requesting a supplemental
appropriation to the Bureau of Senior Services to support the West
Virginia Centers for Independent Living.
Referred to the Committee on Finance.
Senators Edgell and Kessler presented a petition from Robyn
Hinzman and numerous Ritchie County residents, requesting the
paving of Bunnell's Run Road.
Referred to the Committee on Transportation and
Infrastructure.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate again proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 452 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §29-12-12 of
the Code of West Virginia, 1931, as amended, relating to
continuation of the State Board of Risk and Insurance Management.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 33, Requesting Joint
Committee on Government and Finance study mental health services
for adolescents to reduce suicide and delinquency rates.
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 ninth order of business.
Senate Bill No. 40, Limiting time purchaser of certain real
estate at sheriff's sale may claim refund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 42, Limiting liability for waste tire
remediation costs for certain owners of real property.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 101, Allowing county commission
or municipality to request traffic control signal be used as
flashing signal.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 152, Permitting county commissions to alter
observance of legal holidays for county employees.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page five, section one, line eighty-one, after the word
"holiday" by changing the period to a colon and adding the
following proviso: Provided, That the same regularly scheduled
holiday may not be substituted two consecutive years.
The bill (S. B. No. 152), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 268, Relating to underage
possession of beer and liquor; penalty.
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. 19, Eliminating advisory board
to Secretary of Department of Health and Human Resources and adding
Office of Inspector General.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Harrison, Chafin, Plymale and Weeks.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 4, 2005, at 11 a.m.
____________