(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
TWENTY-FOURTH DAY
____________

Charleston, W. Va., Friday, March 4, 2005

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Mary Snow, Ecumenical Action Chairwoman, Church Women United, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, March 3, 2005,
On motion of Senator Prezioso, 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 a communication from the West Virginia Ethics Commission, submitting copies of its past advisory opinions issued during the preceding calendar year, in accordance with chapter six-b, article two, section three of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Court of Claims, submitting its Crime Victims Compensation Fund report as required by chapter fourteen, article two-a, section twenty-one of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Geological and Economic Survey, submitting its annual report, in accordance with chapter twenty-nine, article two, section six of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President), cochairman ex officio of the Joint Committee on Government and Finance on the part of the Senate, submitted the following report due the Legislature on various interim studies, which was received:
WEST VIRGINIA LEGISLATURE
JOINT COMMITTEE ON GOVERNMENT AND FINANCE
CHARLESTON

March 3, 2005

West Virginia Legislature
Charleston, West Virginia
Ladies and Gentlemen:
The Joint Committee on Government and Finance submits this report on studies and other matters it authorized to be made between the 2004 and 2005 regular sessions of the Legislature.
A.The Joint Committee on Government and Finance authorized the following subcommittees:
1.Agriculture and Agri-business Committee.
2.Juvenile Foster Care, Detention and Placement Task Force.
3.Parks, Recreation and Natural Resources Subcommittee.
4.Postaudits Subcommittee.
5.Joint Committee on Technology.
6.Select Committee A - Flooding and Railroad Issues.
7.Select Committee B - Insurance.
8.Select Committee C - Pharmaceutical Availability and Affordability.
9.Select Committee D - Water Resources Protection.
10.Select Committee E - Racial Profiling.
11.Select Committee F - Campaign Finance Reform.
B.The Joint Committee on Government and Finance received reports from the following:
1.Agriculture and Agri-business Committee.
2.Commission on Interstate Cooperation.
3.Joint Commission on Economic Development.
4.Joint Standing Committee on Finance.
5.Joint Standing Committee on Pensions and Retirement.
6.Juvenile Foster Care, Detention and Placement Task Force.
7.Legislative Oversight Commission on Health and Human Resources Accountability.
8.Legislative Oversight Commission on Workforce Investment for Economic Development.
9.Parks, Recreation and Natural Resources Subcommittee.
10.Select Committee A - Flooding and Railroad Issues.
11.Select Committee B - Insurance.
12.Select Committee C - Pharmaceutical Availability and Affordability.
13.Select Committee D - Water Resources Protection.
14.Select Committee E - Racial Profiling.
15.Select Committee F - Campaign Finance Reform.
C.The Joint Committee on Government and Finance received statutorily required reports from the following:
1.West Virginia Forest Management Review Commission.
2.Equal Pay Commission.
D.The Joint Committee on Government and Finance assigned studies to its subcommittees and to statutory committees/commissions as follows:
1.Agriculture and Agri-business Committee:

Whether wild ginseng and cultivated ginseng should be regulated in the same manner.

2.Joint Commission on Economic Development:

Feasibility and benefits of establishing a statewide thoroughbred racing breeders program;

Encouraging development of film industry in West Virginia;
Creation of Film Commission;
Economic development funding.
3.Juvenile Foster Care, Detention and Placement Task Force:
Current statistical trends in juvenile delinquency;
Youth suicide epidemic.
4.Legislative Oversight Commission on Health and Human Resources Accountability:

Childhood obesity epidemic in West Virginia in regards to chronic disease, poor nutrition and inadequate exercise;

Comprehensive, quality and affordable health care for all citizens of the State of West Virginia;

Training and educational needs related to Alzheimer's disease and related dementias;

Need for adult day care, congregate respite and in-home services for persons with Alzheimer's;

Improving access to physical therapy services in rural West Virginia;

Providing services and support for disabled persons.
5.Legislative Rule-Making Review Committee:
Water quality standards.
6.Select Committee A - Flooding and Railroad Issues:
Causes of flooding in Southern West Virginia;

Prohibition of remote control locomotive technology in switching operations until assessment study of remote control locomotive operations completed;

Governmental agencies involved in resolving problem of flooding of streams;

Criminal penalties for interference with medical treatment of railroad employees.

7.Select Committee B - Insurance:

Use of credit scoring as a factor in determining premium charged for insurance policy;

Commercial property and casualty insurance;

Use of credit scoring in insurance underwriting and rate- making process;

Homeowners' insurance.
8.Select Committee C - Pharmaceutical Availability and Affordability:

Implementation of House Bill 4084, Pharmaceutical Availability and Affordability Act;

Efficacy of collaborative pharmacy practice agreements between pharmacists and physicians;

Certain medicaid program preferred drug list.
9.Select Committee D - Water Resources Protection:
Implementation of Senate Bill 163, Water Resources Protection Act.
10.Select Committee E - Racial Profiling:

Implementation of Senate Bill 271 relating to racial profiling data collection.

11.Select Committee F - Campaign Finance Reform:

Providing public campaign finances for designated elected offices.

E.The Joint Committee on Government and Finance referred adopted study resolutions and other areas of study as listed below to the following standing committees it authorized to meet between the 2004 and 2005 regular sessions of the Legislature:
1.Joint Standing Committee on Education:
Public school dress codes.
2.Joint Standing Committee on Finance:

Subcommittee A - Sources of revenue to pay costs of cleanup of sites insured by Underground Storage Tank Insurance Fund; Repealing current corporate license tax;

Subcommittee B - Property tax laws; Reduce and eliminate sales tax on food.

3.Joint Standing Committee on Government Organization:

Subcommittee A-1 - Financial operations of senior centers;

Subcommittee A-2 - Nonprofit entities that receive state and federal funds;

Subcommittee B - Providing limitations on nurse overtime policies in hospitals operated by state agencies within West Virginia; Local health departments;

Subcommittee C - Current administrative structure of Division of Personnel; Grievance boards and administrative law judge systems.

4.Joint Standing Committee on the Judiciary:

Subcommittee A - State Fire Code rules applying to bed and breakfasts; Verified paper ballots for electronic voting machines; Probate reform; Brownfields Covenant; Environmental Good Samaritan Act;

Subcommittee B - Fraudulent credit card transactions; Monitor the agency review and revisions of the Department of Transportation Handbook; Mandatory test and lock systems and DUI alternative sentencing; Home improvement fraud;

Subcommittee C - Wage Payment and Collection Act; Feasibility of State joining National Crime Prevention and Privacy Compact; Criminal sentencing review.

5.Joint Standing Committee on Pensions and Retirement:

Converting Teachers Defined Contribution Retirement System to Defined Benefit Retirement System.

F.The Joint Committee on Government and Finance authorized combined internship programs as follows:

Legislative Intern Committee - Frasure-Singleton Intern Program; Graduate Student Intern Program (Walter Rollins Scholars Intern Program and Robert W. Burk, Jr., Student Intern Program); Herndon Legislative Fellows Program.

G.The Joint Committee on Government and Finance also received monthly and quarterly status reports on the following:
Board of Risk and Insurance Management;
Children's Health Insurance Program;
Lottery;
Medicaid;
Public Employees Insurance Agency;
State's General Revenue Fund;
Unemployment Compensation Trust Fund;
Welfare Reform;
Workers' Compensation Trust Fund.
Postaudit reports released by the Postaudits Subcommittee are on file in the Postaudit Division of the Legislative Auditor's Office. Other reports are on file in the Legislative Manager's Office.
Respectfully submitted,
Earl Ray Tomblin,
President, Senate,
Robert S. Kiss,
Speaker, 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 amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
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 motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page two, line six, by striking out "2003" and inserting in lieu thereof "2005";
And,
On page three, line twenty-three, by striking out "2003" and inserting in lieu thereof "2005".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 269, as amended by the House of Delegates, was then 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.
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. 2174--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-6A-2a, relating to requiring the Department of Health and Human Resources to develop a procedure to notify persons mandated to report child abuse and neglect of whether an investigation of the report has occurred.
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. 2456--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-24a, all relating to ratifying the federal National Crime Prevention and Privacy Compact.
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. 2478--A Bill to amend and reenact §11-16- 21 of the Code of West Virginia, 1931, as amended, relating to removing the prohibition against brewers of nonintoxicating beer requiring distributors to submit certain financial documents.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 107, Providing person may not be trespassing if dog pursues animal on another's property.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 107 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §20-2-7 of the Code of West Virginia, 1931, as amended, relating to hunting with dogs; providing that persons are not trespassing or hunting without permission when dog pursues an animal or fowl onto another person's land; and prohibiting hunting or damaging land while retrieving dog.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 226 (originating in the Committee on Health and Human Resources), Relating to cross-reporting when abuse or neglect of individuals or animals suspected; penalties.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 226 (originating in the Committee on the Judiciary)--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, suspected animal cruelty or inhumane treatment or suspected domestic violence; and providing penalties.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 227, Exempting motor vehicle owned by resident on active duty from ad valorem taxes.
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,
Jon Blair Hunter,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 280, Relating to tolling state licensure or registration requirement for active military.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jon Blair Hunter,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 347, Authorizing rules of Higher Education Policy Commission and Council for Community and Technical College Education.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 401, Relating to institutional boards of governors at certain community and technical colleges.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 401 (originating in the Committee on Education)--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.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Prezioso, Hunter, Sharpe, Unger, Foster, Minard and McCabe:
Senate Bill No. 453--A Bill to amend and reenact §5-11A-3 and §5-11A-3a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5-11A-3b, all relating to defining "universal design"; providing immunity from civil damages to a worker, contractor, engineer or architect who, in good faith, provides services or materials, without remuneration, to build or install basic universal design features in accordance with applicable building codes and state and federal laws; and providing for a standard form informational list of basic universal design features to be provided to a future buyer of any proposed residential housing in the state.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Prezioso, Hunter, Sharpe, Unger, Foster, Dempsey, Barnes, Minard and Jenkins:
Senate Bill No. 454--A Bill to amend and reenact §5-16B-6 of the Code of West Virginia, 1931, as amended, relating to expanding coverage in the Children's Health Insurance Program up to three hundred percent of the federal poverty level.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Helmick, Hunter, Bowman, Facemyer, Sharpe, Sprouse, Kessler, McCabe, Edgell, Plymale, Love, Prezioso, Dempsey, Barnes and Jenkins:
Senate Bill No. 455--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-4e; and to amend and reenact §46-9-109 of said code, all relating generally to the financing of environmental control activities by certain qualified electric utilities through the issuance of environmental control bonds.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 456--A Bill to amend and reenact §46A-6-102 and §46A-6-106 of the Code of West Virginia, 1931, as amended, all relating to cure offers; providing definitions; requiring notice of violation prior to initiation of law suits; tolling of statute of limitation during sixty-day period for consideration of cure offer proposal; and limiting recovery to attorney's fees.
Referred to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 457--A Bill to repeal §17F-1-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17F-1-1, §17F-1-2 and §17F-1-3 of said code, all relating to all-terrain vehicles generally; removing the authority of local governments to regulate all-terrain vehicles; prohibiting the operation of an all- terrain vehicle on any road or highway; prohibiting passengers, except when allowed under manufacturer's recommendations; requiring all riders under eighteen years of age to wear helmets; and providing for safety awareness courses.
Referred to the Committee on Transportation and Infrastructure.
By Senator Chafin:
Senate Bill No. 458--A Bill to amend and reenact §15-2-20 of the Code of West Virginia, 1931, as amended, relating to transfer of members of the West Virginia State Police; permitting a transfer of a member for certain conduct; and increasing the relocation expense to one thousand dollars.
Referred to the Committee on Judiciary; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 459--A Bill to amend and reenact §33-4-15 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-4-41, all relating to reinsurance; and a reinsurer's liability in an insolvency.
Referred to the Committee on Banking and Insurance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 460--A Bill to repeal §5-1B-1, §5-1B-2, §5-1B- 3, §5-1B-4, §5-1B-5, §5-1B-6, §5-1B-7 and §5-1B-8 of the Code of West Virginia, 1931, as amended; to repeal §5-26-1, §5-26-2, §5-26- 2a, §5-26-2b, §5-26-3, §5-26-4, §5-26-5, §5-26-6 and §5-26-8 of said code; to repeal §18A-3A-1, §18A-3A-2, §18A-3A-2a, §18A-3A-2b, §18A-3A-3 and §18A-3A-4 of said code; to amend said code by adding thereto a new article, designated §5A-6-1, §5A-6-2, §5A-6-3, §5A-6- 4, §5A-6-5, §5A-6-6, §5A-6-7 and §5A-6-8; to amend and reenact §5A- 7-4 of said code; to amend and reenact §5A-8-15 of said code; to amend and reenact §5B-3-4 and §5B-3-5 of said code; to amend and reenact §9-1-2 of said code; to amend said code by adding thereto four new sections, designated §9-2-6b, §9-2-6c, §9-2-6d and §9-2-6e of said code; to amend said code by adding thereto a new section, designated §9-4-1a; to amend and reenact §10-5-2 of said code; to amend and reenact §11-10A-6 and §11-10A-7 of said code; to amend and reenact §16-5K-2 and §16-5K-4 of said code; to amend and reenact §17-16A-3 and §17-16A-10 of said code; to amend and reenact §18-2-23a of said code; to amend and reenact §18-2E-3g and §18-2E-5 of said code; to amend and reenact §18-2I-3 and §18-2I-4 of said code; to amend and reenact §18-5-18d of said code; to amend and reenact §18A-1-1 of said code; to amend and reenact §18A-2-9 and §18A-2-12 of said code; to amend and reenact §18A-3-1, §18A-3-2b and §18A-3-2c of said code; to amend and reenact §18A-3A-5 of said code; and to amend and reenact §49-9-3 and §49-9-15 of said code, all relating to the reorganization of the executive branch of state government; transferring the Office of Technology from the Office of the Governor to the Department of Administration; providing that the Director of Information Services and Communications Division shall report to the Chief Technology Officer; defining certain terms; providing additional duties for the Secretary of Health and Human Resources; transferring the Citizen's Advisory Council and the Children's Fund from the Governor's Cabinet on Children and Families to the Department of Health and Human Resources; making technical corrections throughout the code; providing for the appointment, powers and duties of the Educational Broadcasting Authority; providing for the appointment, powers, duties and authority of the Executive Director of the Educational Broadcasting Authority; providing for the appointment, powers and duties of the Parkways, Economic Development and Tourism Authority; providing for the appointment, powers, duties, authority and compensation of the Executive Director of the Parkways, Economic Development and Tourism Authority; modifying the term of the Chief Administrative Law Judge of the Office of Tax Appeals; providing that the Governor has the authority to appoint two administrative law judges to the Office of Tax Appeals; providing that the Department of Education shall create a master plan for professional staff development; providing that the Advanced Placement Center shall be in the Department of Education and the Arts; and establishing the Principals Academy within the Department of Education.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Foster, Jenkins and Unger:
Senate Bill No. 461--A Bill to amend and reenact §8-22-20a of the Code of West Virginia, 1931, as amended, relating to municipal policemen's and firemen's pension and relief funds; and providing that where the state actuary has examined a municipal pension and relief fund for a particular year, that fund may opt to use that actuarial valuation in place of any other actuarial valuation mandated by state law.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster, Dempsey and Unger:
Senate Bill No. 462--A Bill to amend and reenact §5-10-2, §5- 10-15, §5-10-17, §5-10-21, §5-10-22, §5-10-23, §5-10-26, §5-10-27 and §5-10-44 of the Code of West Virginia, 1931, as amended, all relating to the Public Employees Retirement System; revising definitions; clarifying use of restricted qualified military service credit to one retirement system; restricting certain rights of members to select a plan beneficiary; requiring annual physician review and an annual statement of earnings from certain persons receiving disability retirement payments; providing that interest is to be included in the calculation of terminal benefits payable as the result of death of retired participants; providing guidance on correcting employer errors; clarifying use of members' unused accrued leave in final average salary; and technical corrections.
Referred to the Committee on Pensions; and then to the Committee on Finance.
Senators Prezioso, Hunter, Sharpe, Unger, Foster, Dempsey, Minard, McCabe, Jenkins and Love offered the following resolution:
Senate Concurrent Resolution No. 37--Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study the various mechanisms in reaching the goal of providing all citizens with comprehensive, quality and affordable health care.
Whereas, It is the goal of the Legislature to see that all citizens of the state have comprehensive, quality and affordable health care; and
Whereas, The cost of health care is growing at a faster rate than any other area of service. It is estimated that by 2008 a basic family health insurance policy in West Virginia may cost at least $16,000 dollars, making it unaffordable for a majority of the residents of the state; and
Whereas, The current health care system encourages cost shifting to citizens who are least able to afford the cost. Twenty percent of the residents of West Virginia between ages 19 and 64 go without insurance at some time during the year and those who need health care services the most have the largest economic, social and educational barriers and are ultimately least able to access the health care system; and
Whereas, Communities are at risk of losing health care accessibility because high rates of uninsured can cause hospitals to reduce services, health providers to move out of the community and public health programs to be cut due to the burden of providing care to those who cannot pay; and
Whereas, Because the system is flawed and does not provide basic health care services to all, the consequences include unnecessary visits to the emergency room, more serious disease outcomes due to lack of early intervention and huge financial burdens to all the citizens of 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 various mechanisms in reaching the goal of providing all citizens with comprehensive, quality and affordable health care; 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 Plymale presented a petition from Ricky Cremeans and numerous higher education faculty members, supporting Senate Bill No. 212 (Relating to incremental salary increases for certain faculty members of higher education) and House Bill No. 2605 (Relating to the eligibility of faculty members at state institutions of higher education for certain incremental pay).
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 12, Requesting Division of Highways name bridge on Route 49 at Matewan "Michael S. Justice Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, after the Resolved clause, by striking out the words "Michael S. Justice Bridge" and inserting in lieu thereof the words "Michael S. Justice Memorial Bridge";
On page two, in the first Further Resolved clause, by striking out the words "Michael S. Justice Bridge" and inserting in lieu thereof the words "Michael S. Justice Memorial Bridge";
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 12--Requesting the Division of Highways name bridge on Route 49 crossing the Tug River from Matewan, Mingo County, to Buskirk, Kentucky, the "Michael S. Justice Memorial Bridge".
The question being on the adoption of the resolution (S. C. R. No. 12), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 14, Requesting Division of Highways name bridge at Peytona, Boone County, "Charles R. Carrico Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 15, Requesting Division of Highways name bridge on Turnpike at Sharon "Tony DeRaimo Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 17, Requesting Division of Highways name Fort Hill Bridge in Charleston "Eugene A. Carter Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, after the Resolved clause, by striking out the words "Eugene A. Carter Bridge" and inserting in lieu thereof the words "Eugene A. Carter Memorial Bridge";
On page two, in the first Further Resolved clause, by striking out the words "Eugene A. Carter Bridge" and inserting in lieu thereof the words "Eugene A. Carter Memorial Bridge";
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 17--Requesting the Division of Highways name the I-64 bridge in Charleston, known as the Fort Hill Bridge, crossing the Kanawha River, the "Eugene A. Carter Memorial Bridge".
The question being on the adoption of the resolution (S. C. R. No. 17), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 34, Requesting Division of Highways name bridge on Posey-Saxon Road, Raleigh County, "Sergeant Billy Ray Holmes Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 35, Requesting Joint Committee on Government and Finance direct Legislative Oversight Commission on Health and Human Resources Accountability study state obesity epidemic.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 36, Requesting Joint Committee on Government and Finance direct Legislative Oversight Commission on Health and Human Resources Accountability study home- or community-based long-term support programs and services for disabled persons.
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. Senate Bill No. 40, Limiting time purchaser of certain real estate at sheriff's sale may claim refund.
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. 40) 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. 42, Limiting liability for waste tire remediation costs for certain owners of real property.
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. 42) passed with its title.
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. 101, Allowing county commission or municipality to request traffic control signal be used as flashing signal.
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. 101) 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. 152, Permitting county commissions to alter observance of legal holidays for county employees.
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. 152) passed with its title.
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. 268, Relating to underage possession of beer and liquor; penalty.
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. 268) 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 ninth 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 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.
Senate Bill No. 78, Expanding counties covered by Route 2 and Interstate 68 Authority.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 411, Extending time for county commission of Tyler County to meet as levying body.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 452, Continuing Board of Risk and Insurance Management.
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 Senator Chafin.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, March 7, 2005, at 11 a.m.
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