(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
THIRTIETH DAY
____________
Charleston, W. Va., Thursday, March 10, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Matthew J. Watts, Grace Bible
Church, Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, March 9,
2005,
On motion of Senator Harrison, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2450--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-19, relating to a child's right to nurse.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2764--A Bill to amend and
reenact §30-3-14 of the Code of West Virginia, 1931, as amended,
relating to allowing the Board of Medicine to issue a license to a
physician convicted of certain drug-related offenses.
Referred to the Committee on the Judiciary.
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. 2892--A Bill to amend and reenact §48-18-
134 of the Code of West Virginia, 1931, as amended, relating to
continuation of the Bureau for Child Support Enforcement.
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. 2893--A Bill to amend and reenact §16-5Q-3
of the Code of West Virginia, 1931, as amended, relating to
continuation of the James "Tiger" Morton Catastrophic Illness
Commission.
Referred to the Committee on Government Organization.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on March 8, 2005, he had approved Enr.
Committee Substitute for Senate Bill No. 261.
The Senate proceeded to the fourth order of business.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 235, Relating to National Animal
Identification System.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Larry J. Edgell,
Chair.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 298, Authorizing Department of Agriculture
promulgate legislative rule relating to animal disease control.
And,
Senate Bill No. 300, Authorizing Department of Agriculture
promulgate legislative rule relating to commercial feed.
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,
Larry J. Edgell,
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 Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 299, Authorizing Department of Agriculture
promulgate legislative rule relating to inspection of meat and
poultry.
Senate Bill No. 344, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to Grade "A"
pasturized milk.
And,
Senate Bill No. 345, Creating Beef Industry Self-Improvement
Assessment 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,
Larry J. Edgell,
Chair.
The bills, under the original double committee references,
were then referred 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 Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 501--A Bill to amend and reenact §7-14D-23 of
the Code of West Virginia, 1931, as amended, relating to
discontinuing the loan program participation of deputy sheriffs who
become members of the Deputy Sheriff Retirement System on or after
the first day of July, two thousand five.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 502--A Bill to amend and reenact §18-7A-34 of
the Code of West Virginia, 1931, as amended, relating to
discontinuing the loan program participation of teachers and nonteachers who become members of the Teachers Retirement System on
or after the first day of July, two thousand five.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Minard:
Senate Bill No. 503--A Bill to repeal §33-8A-8 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §33-8A-2
and §33-8A-3 of said code, all relating to the use of clearing
corporations and federal reserve book-entry system by insurance
companies; defining terms; allowing broker-dealers to act as
custodian of insurance company assets; establishing eligibility
standards for broker-dealers to act as custodians; eliminating
references to foreign deposit requirements; and repealing the
internal effective date.
Referred to the Committee on Banking and Insurance.
By Senators McCabe, Plymale, Jenkins, Foster and Unger:
Senate Bill No. 504--A Bill to amend and reenact §18B-13-4 of
the Code of West Virginia, 1931, as amended, relating to technical
changes concerning high-tech research zones, parks and technology
centers; and tax incentives relating thereto.
Referred to the Committee on Economic Development; then to the
Committee on Education; and then to the Committee on Finance.
By Senators Chafin, Bowman, Facemyer and Guills:
Senate Bill No. 505--A Bill to repeal §29-21-12, §29-21-13 and §29-21-13a of the Code of West Virginia, 1931, as amended; and to
amend and reenact §29-21-3, §29-21-6, §29-21-8, §29-21-9, §29-21-10
and §29-21-11 of said code, all relating to public defender
services; continuing public defender services; creating the
Indigent Defense Commission; specifying members and their terms;
transferring powers and duties of agency to the Executive Director;
authorizing the Executive Director to reduce or reject vouchers;
removal of Public Defender Corporation board members; activation of
corporations; permitting the employment of both full-time and
part-time attorneys; changing the manner of appointment of panel
attorneys; removing the sections relating to public defender
corporations' funding; requiring corporations to submit budget;
authorizing amended funding contracts; providing for payment of
fees to panel attorneys; and requiring services provided to public
defender corporations.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sprouse:
Senate Bill No. 506--A Bill to amend and reenact §18-10A-2a of
the Code of West Virginia, 1931, as amended, relating to providing
that rehabilitation counselors employed by the Division of
Rehabilitative Services shall be paid at an equivalent rate to
public school counselors.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Minard and McCabe:
Senate Bill No. 507--A Bill to amend and reenact §33-2-20 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §33-2-21; to amend and
reenact §33-6-8 of said code; to amend and reenact §33-16B-1 and
§33-16B-3 of said code; to amend and reenact §33-17-8 and §33-17-9
of said code; to amend said code by adding thereto three new
sections, designated §33-17A-4a, §33-17A-4b and §33-17A-4c; and to
amend and reenact §33-20-4 of said code, all relating to insurance;
allowing the Commissioner to permit automobile insurers to withdraw
from doing business in this state; requiring insurer to submit a
plan; permitting promulgation of rules; redesignating a section of
the insurance code enacted as part of the bill assigning workers
compensation duties to the Insurance Commissioner; clarifying that
certain rules remain in effect; exempting commercial insurance
lines from the requirement of prior approval of rates and forms;
creating a presumption of prospective relief when forms are
disapproved and providing factors to be considered in determining
whether relief should be retroactive; defining terms; clarifying
that certain health insurance forms marketed to associations must
be filed with the Commissioner; providing that commercial and
certain health insurance forms marketed to associations are
effective upon first use after filing; clarifying that prior rate approval applies to health insurance certificates and endorsements;
providing an alternative method for nonrenewal of property
insurance; providing a manner of electing an alternative method;
requiring report to the Legislature; and providing alternative
methods of determining insurer liability in cases of loss to real
property.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Sprouse:
Senate Bill No. 508--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18B-4-9, relating to prohibiting cloning human embryos
in state medical schools, colleges or universities; and providing
for dismissal from employment.
Referred to the Committee on Health and Human Resources; then
to the Committee on Education; and then to the Committee on the
Judiciary.
By Senators Caruth and Barnes:
Senate Bill No. 509--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-42-9, relating to requiring that every woman seeking
an abortion be given the opportunity to see an ultrasound image of
the fetus; prescribing a criminal penalty for violations of said
section; and providing nothing in said section that can be construed as approving of abortion.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Hunter and Foster:
Senate Bill No. 510--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-3D-1, §16-3D-2, §16-3D-3, §16-3D-4 and §16-3D-5, all
relating to voluntary control and prevention of infections in
hospitals, ambulatory surgical centers and other health care
facilities generally; setting forth legislative findings and
purposes; defining certain terms; providing for the appointment of
an Infection Control Advisory Panel; and providing for the
responsibilities and functions of the Advisory Panel.
Referred to the Committee on Health and Human Resources.
By Senator Love:
Senate Bill No. 511--A Bill to amend and reenact §24B-4-6 of
the Code of West Virginia, 1931, as amended, relating to civil
penalties that can be imposed by the Commission for pipeline safety
violations.
Referred to the Committee on the Judiciary.
Senator Sprouse offered the following resolution:
Senate Concurrent Resolution No. 44--Requesting the Division
of Highways name the recently constructed bridge over Little Sandy
Creek on Frame Road near Elkview, Kanawha County, the "Dewey Russell Crowder Memorial Bridge".
Whereas, Dewey Russell Crowder lived on Douglas Branch off
Frame Road near Elkview at the time he joined the Army; and
Whereas, Dewey Russell Crowder was killed in action on
November 22, 1944, near the Elbe River in Germany while serving
with General George S. Patton's 3rd Army in World War II; and
Whereas, Dewey Russell Crowder was only 19 years old when he
paid the ultimate price in defense of his country; and
Whereas, Dewey Russell Crowder and others like him who made
the supreme sacrifice to preserve our country's freedoms are worthy
of our deepest gratitude and remembrance; and
Whereas, It is only fitting that the new bridge on Frame Road
near Dewey Russell Crowder's childhood home be named in his honor;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the recently constructed bridge over Little Sandy Creek on
Frame Road near Elkview, Kanawha County, the "Dewey Russell Crowder
Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways cause an
appropriate sign to be placed at both ends of this bridge which
designates the bridge as the "Dewey Russell Crowder 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 and to the surviving family of
Dewey Russell Crowder.
Which, under the rules, lies over one day.
Senators Kessler and Edgell offered the following resolution:
Senate Concurrent Resolution No. 45--Requesting the Division
of Highways name the bridge on Route 16 and U. S. Route 50 near
Ellenboro, Ritchie County, the "West Virginia State Trooper Larry
G. Hacker Memorial Bridge".
Whereas, Larry G. Hacker graduated from the West Virginia
State Police Academy in August, 1989, and was assigned to the
Harrisville Detachment in Ritchie County; and
Whereas, On April 9, 1993, Trooper Hacker was killed in the
line of duty while responding to a dispatch concerning a property
dispute; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on Route 16 and U. S. Route 50 near Ellenboro,
Ritchie County, the "West Virginia State Trooper Larry G. Hacker
Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways cause an
appropriate sign to be placed at both ends of the bridge which
designates the bridge as the "West Virginia State Trooper Larry G.
Hacker 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; Mrs. Diane Hacker-McCullough;
Lynda Yates, Executive Director of Central Communications, Inc.;
the West Virginia State Police Headquarters; the West Virginia
State Police Detachment in Harrisville, Ritchie County; and the
Ritchie County Commission.
Which, under the rules, lies over one day.
Senators Love and White offered the following resolution:
Senate Concurrent Resolution No. 46--Requesting the Division
of Highways name the bridge spanning the Gauley River on Route 39
near Summersville, Nicholas County, the "Brock's Bridge".
Whereas, The original bridge spanning the Gauley River at
Brock's Ferry was built in 1904 at an approximate cost of $10,000;
and
Whereas, For years this bridge was known by locals as the
Brock's Bridge; and
Whereas, After the Gauley River was dammed and Summersville
Lake was completed in the 1960s, a new bridge was constructed at
Brock's Ferry; and
Whereas, Since the bridge spanning the Gauley River in this
location has been historically known as the "Brock's Bridge", it is
only fitting that the bridge be so formally named; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge spanning the Gauley River on Route 39 near
Summersville, Nicholas County, the "Brock's Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Brock's 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 and the Nicholas County
Commission.
Which, under the rules, lies over one day.
Senators Hunter, Dempsey, Minard, Minear, Unger, Love, McCabe,
Jenkins and Foster offered the following resolution:
Senate Resolution No. 19--Designating the month of March,
2005, as "Professional Social Work Month".
Whereas, Social workers have the education and experience to
guide individuals, families and communities through complex issues
and choices, as well as the ability to connect individuals,
families and communities to available resources; and
Whereas, Social workers are positive and compassionate
professionals who are dedicated to improving the society in which
we live; and
Whereas, Social workers stand up for others to make sure
everyone has access to the same basic rights, protections and opportunities; and
Whereas, Social workers help people help themselves, whenever
and wherever they need it most; therefore, be it
Resolved by the Senate:
That the Senate hereby designates the month of March, 2005, as
"Professional Social Work Month"; and, be it
Further Resolved, That the Senate hereby recognizes the
professionalism of social workers and their commitment to
individuals, families and communities; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the West
Virginia Chapter of the National Association of Social Workers.
At the request of Senator Hunter, 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.
Petitions
Senator Prezioso presented a petition from Harold B. Francis
and numerous West Virginia residents, supporting a statewide
referendum to authorize table games at licensed horse and dog
racetracks.
Referred to the Committee on the Judiciary.
Senator Facemyer presented a petition from Daisy L. Thornton
and one hundred fifteen Buffalo senior citizens, requesting funding
for the Buffalo Senior Center.
Referred to the Committee on Finance.
Senator White presented a petition from Evelyn McClung and
numerous West Virginia residents, supporting a statewide referendum
to authorize table games at licensed horse and dog racetracks.
Referred to the Committee on the Judiciary.
Senator Harrison presented a petition from William A. Weekley
and numerous West Virginia residents, supporting a statewide
referendum to authorize table games at licensed horse and dog
racetracks.
Referred to the Committee on the Judiciary.
Senator Guills presented a petition from Pat Hunsaker and
numerous West Virginia residents, supporting a statewide referendum
to authorize table games at licensed horse and dog racetracks.
Referred to the Committee on the Judiciary.
Senator Unger presented a petition from Lynn A. McDonald and
numerous West Virginia residents, supporting a statewide referendum
to authorize table games at licensed horse and dog racetracks.
Referred to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 43, Requesting Joint Committee on Government and Finance study expansion of in-home
family education programs.
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. 222, Relating to membership of Workforce
Investment Council.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. House Bill No. 2495, Repeal the requirement that jails be
inspected by appointees of the Circuit Courts.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2592, Relating to the
design-build procurement act.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Government Organization, were reported by the Clerk, considered
simultaneously, and adopted:
On page eight, section three, line nine, after the word
"rules" by inserting a comma and the words "pursuant to section six
of this article, and";
On page nine, section three, lines twenty-one and twenty-two, by striking out the words "As of the termination date of the board
established pursuant to section four of this article," and
inserting in lieu thereof the words "When the Design-Build Board,
established pursuant to section four of this article, is terminated
pursuant to the acts of the Legislature,";
On page ten, section four, line eleven, after the word
"members" by striking out the period and the words "A member" and
inserting in lieu thereof a comma and the word "but";
On page ten, section four, lines twenty-five through twenty-
seven, by striking out the following: Members shall be appointed
for three-year terms, which are staggered in accordance with the
initial appointments under prior enactment of this section.;
On page ten, section four, line twenty-eight, after the word
"years," by inserting the words "staggered in accordance with the
initial appointments under prior enactment of this section,";
On page fourteen, section five, line forty-three,by striking
out the word "Legislature" and inserting in lieu thereof the words
"Joint Committee on Government and Finance";
On page eighteen, section eight, lines six and seven, by
striking out the words "The performance criteria developer may not
be an employee of the agency.";
On page eighteen, section eight, after line eleven, by
inserting a new subsection, designated subsection (b), to read as
follows:
(b) The agency may use its own employees to determine whether
the agency should seek to construct a project using the design-
build method of construction. The agency may use an employee as
its performance criteria developer on projects for which
construction costs are estimated to be one million dollars or
less.;
On page nineteen, section eight, line twelve, by striking out
"(b)" and inserting in lieu thereof "(c)";
On page nineteen, section eight, line twenty-two, by striking
out "(c)" and inserting in lieu thereof "(d)";
On page twenty, section eight, by striking out all of
subsections (d) and (e);
On page twenty-two, section ten, line twelve, after the words
"article, the" by inserting the word "legislative";
On page twenty-two, section ten, line thirteen, after the
words "pursuant to" by inserting the words "section six of";
On page twenty-eight, section twelve, line thirty-one, after
the word "rules" by inserting the words "promulgated pursuant to
section six of this article";
On page twenty-eight, section fifteen, line one, after the
word "exist" by striking out the comma and the words "pursuant to
the provisions of article ten, chapter four of this code,";
And,
On page twenty-nine, section fifteen, line five, by striking out the words "that article" and inserting in lieu thereof the
words "article ten, chapter four of this code".
The bill (Eng. Com. Sub. for H. B. No. 2592), as amended, was
then ordered to third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 413, Relating generally to financially related
activities of state-chartered banking institutions.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 296, Authorizing Department of Administration
promulgate legislative rule relating to leasing space on behalf of
state spending units.
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,
Walt Helmick,
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 Finance pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 297, Authorizing Department of Administration
to promulgate legislative rule relating to state-owned vehicles.
And,
Senate Bill No. 311, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to State
Police disability determination and appeal process.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 323, Authorizing Department of Environmental Protection promulgate legislative rule relating to underground
storage tank fee assessments.
Senate Bill No. 325, Authorizing Department of Environmental
Protection promulgate legislative rule relating to water pollution
control permit fee schedules.
And,
Senate Bill No. 330, Authorizing Economic Development
Authority promulgate legislative rule relating to high-growth
business investment tax credit.
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 the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 354, Authorizing Division of Highways
promulgate legislative rule relating to use of state roads
rights-of-way and adjacent areas.
Senate Bill No. 374, Authorizing Division of Natural Resources promulgate legislative rule relating to revocation of hunting and
fishing licenses.
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 the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 356, Authorizing Division of Information
Services and Communications promulgate legislative rule relating to
telecommunications payments by spending units.
Senate Bill No. 371, Authorizing Division of Motor Vehicles
promulgate legislative rule relating to administrative due process.
Senate Bill No. 377, Authorizing Division of Personnel
promulgate legislative rule relating to preemployment references
and inquiries.
And,
Senate Bill No. 380, Authorizing Radiologic Technology Board
of Examiners promulgate legislative rule relating to Board.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 390, Authorizing Tax Department promulgate
legislative rule relating to Consumers Sales and Service Tax and
Use Tax; executive orders; and certain declarations and exemptions.
Senate Bill No. 391, Authorizing Tax Department promulgate
legislative rule relating to valuation of active and reserve coal
for ad valorem property tax purposes.
Senate Bill No. 392, Authorizing Tax Department promulgate
legislative rule relating to valuation of producing and reserve oil and gas for ad valorem property tax purposes.
And,
Senate Bill No. 393, Authorizing Treasurer promulgate
legislative rule relating to procedures for fees in collections by
charge, credit or debit card or by electronic payment.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 397, Authorizing Board of Veterinary Medicine
promulgate legislative rule relating to schedule of fees.
With an amendment from the Committee on Government
Organization pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance; but under the
original triple committee reference first be referred to the
Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Government Organization and the Committee on
Finance pending.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Chafin, Sprouse, Deem, Weeks,
Plymale, Kessler, Harrison, Yoder and Bowman.
Thereafter, at the request of Senator Love, and by unanimous
consent, the remarks by Senator Chafin were ordered printed in the
Appendix to the Journal.
At the request of Senator Guills, unanimous consent being
granted, the remarks by Senators Sprouse, Deem, Weeks, Harrison and
Yoder were ordered printed in the Appendix to the Journal.
At the request of Senator Edgell, and by unanimous consent,
the remarks by Senator Kessler were ordered printed in the Appendix
to the Journal.
At the request of Senator Bailey, unanimous consent being
granted, the remarks by Senators Plymale and Bowman were ordered
printed in the Appendix to the Journal.
At the request of Senator Oliverio, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 331, Authorizing Bureau of Employment Programs
promulgate legislative rule relating to implementing requirement
that prohibits agencies from granting, issuing or renewing
contracts, licenses, permits, certificates or other authority to
conduct trade, profession or business.
Senate Bill No. 333, Authorizing Ethics Commission promulgate
legislative rule relating to code of conduct for administrative law
judges.
Senate Bill No. 335, Authorizing Office of Fire Marshal
promulgate legislative rule relating to fees for licenses, permits,
inspections, plans review and other services rendered.
And,
Senate Bill No. 338, Authorizing Hatfield-McCoy Regional
Recreation Authority promulgate legislative rule relating to use of
facilities.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 11, 2005, at 11 a.m.
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