(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
THIRTY-FIRST DAY
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Charleston, W. Va., Friday, March 11, 2005

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Xavier Cooney, SVD, St. John the Evangelist Catholic Church, Summersville, West Virginia.
Pending the reading of the Journal of Thursday, March 10, 2005,
On motion of Senator Boley, 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.
On motion of Senator Chafin, the Senate recessed for five minutes to permit Allison Fredette to address the Senate on behalf of the Frasure-Singleton Student Legislative Program.
Upon expiration of the recess, the Senate reconvened and 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. 2002--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-11-1, relating to a bail bond forfeiture code generally; issuing an arrest warrant for nonappearing defendant; time period allowed surety to produce the defendant; additional period for cause; when bail bond exonerated; penalties to fleeing defendant; and refunds following forfeiture.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 10--Requesting the Division of Highways to name the new Watson Bridge over the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the "Watson Senior Citizens Bridge in Honor of Jim Costello".
Whereas, Jim Costello was born in Monongah, Marion County, June 26, 1923, one of seven children, the son of John Costello, a coal miner, and Amanda Dee Swisher Costello, a midwife, and he passed away on June 7, 2002, leaving a wife, Evelyn Muto Costello, a daughter and son-in-law, Diane and Marc Cervo, son and daughter-in-law, Pat and Jenni Costello, a sister, Margaret Biafore, four grandchildren, Cara Hose and her husband, Steve Hose, Ryan, Brett and Jessica Costello; and
Whereas, Jim Costello served in the United States Navy during World War II and saw action in the South Pacific Theater on a PT boat. He also worked as a coal miner and completed 35 years of service at the Owens-Illinois Glass Plant serving as president of Local Union No. 109; and
Whereas, Jim Costello served as a supervisor for the West Virginia Department of Highways and during that time, he was instrumental in overseeing many projects for Marion County. He oversaw the removal of the dangerous curve at Dakota and the replacement of the current Watson Bridge structure in addition to many other highway projects; and
Whereas, Jim Costello was a strong Democrat and was involved with the Democratic Party serving on the executive committee and as precinct captain. He was the Marion County coordinator of several gubernatorial campaigns and was honored in 1997 as the Democrat of the Year in Marion County; and
Whereas, It is fitting that the Watson Bridge be named for this true West Virginian who dedicated his life to improving Marion County and this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the new Watson Bridge over the West Fork River on U. S. Route 250 in Fairmont, Marion County, West Virginia, the "Watson Senior Citizens Bridge in Honor of Jim Costello"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Watson Senior Citizens Bridge in Honor of Jim Costello"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Jim Costello.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 37--Providing for an interim study to be conducted by the Joint Committee on Joint Rules of the House of Delegates and Senate regarding the provisions of Joint Rule 3, Disagreement and Conference, and providing that the results of such study are to be reported to the respective houses of the Legislature at the commencement of the Regular Session, 2006.
Resolved by the Legislature of West Virginia:
That the Joint Committee on Joint Rules of the House of Delegates and Senate conduct a joint interim study as to the question of the provisions of Joint Rule 3, specifically as such provisions relate to one house amending the amendment or amendments of the other, and that the conclusions and recommendations of such study be reported to the respective houses of the Legislature by the commencement of the Regular Session, 2006.
Referred to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 306, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to deputy sheriff retirement system.
And has amended same.
Senate Bill No. 308, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Teachers Defined Contribution System.
And has amended same.
Senate Bill No. 309, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Teachers Defined Benefit Plan.
And has amended same.
And,
Senate Bill No. 310, Authoring Consolidated Public Retirement Board promulgate legislative rule relating to Public Employees Retirement System.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; 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,
Dan Foster,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary, with amendments from the Committee on Pensions pending.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 352, Authorizing Department of Health and Human Resources promulgate legislative rule relating to reportable diseases, events and conditions.
And,
Senate Bill No. 369, Authorizing Board of Examiners for Licensed Practical Nurses promulgate legislative rule relating to fees for services rendered by Board.
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,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 409, Providing high school diplomas for certain veterans.
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 Education.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Education.
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. 441, Allowing certain veterans park free at metered parking spaces at state municipalities.
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 Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 453, Providing civil immunity to certain volunteers who build or install universal design features.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 453 (originating in the Committee on Health and Human Resources)--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; 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; and providing civil penalties.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 453), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2466, Eliminate provisions which created unlawful classifications based on race and to update obsolete provisions.
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,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Education pending.
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 Hunter, Dempsey, Jenkins, Barnes, Unger and Love:
Senate Bill No. 512- A Bill to amend and reenact §5A-3-37 and §5A-3-37a of the Code of West Virginia, 1931, as amended, all relating to providing preference on bids for certain state and local government contracts to resident West Virginia vendors who qualify for veteran status.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators McCabe, Plymale, Jenkins, Foster, Sprouse, Harrison, Sharpe, Dempsey, Barnes and Unger:
Senate Bill No. 513- A Bill to amend and reenact §5E-1-8 of the Code of West Virginia, 1931, as amended, relating to providing the total tax credits available under the Capital Company Act during the fiscal year beginning on the first day of July, two thousand five; limiting the availability of the tax credits to qualified centers for economic development and technology advancement; and authorizing the Economic Development Authority to establish criteria for the determination of the allocation of certain tax credits by vote of the majority of the Authority.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Kessler, Bailey, Sharpe, Oliverio, Yoder, Unger and Love:
Senate Bill No. 514- A Bill to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §51- 1-10a of said code; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating generally to the judiciary; salaries of magistrates; salaries of Supreme Court justices; salaries of judges of circuit courts; and salaries of family court judges.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator McKenzie:
Senate Bill No. 515- A Bill to amend and reenact §61-2-1 of the Code of West Virginia, 1931, as amended, relating to expanding the definition of "murder in the first degree" to include murder while committing the crime of entering without breaking a dwelling house in the daytime.
Referred to the Committee on the Judiciary.
By Senator McKenzie:
Senate Bill No. 516- A Bill to amend and reenact §61-3-11 of the Code of West Virginia, 1931, as amended, relating to removing the distinction between daytime and nighttime burglary.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 517- A Bill to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to eliminating the one-year residency requirement for filing a name change for certain persons who have previously lived in this state longer than anywhere else, but who have moved to another state and have not yet established residency in the other state.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 518-A Bill to amend and reenact §17C-5B-1 of the Code of West Virginia, 1931, as amended, relating to requiring a breath or blood analysis for the purpose of determining the blood alcohol content of a surviving driver.
Referred to the Committee on the Judiciary.
By Senators Chafin and Deem:
Senate Bill No. 519- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §7-16A-1, §7-16A-2, §7-16A-3, §7-16A-4, §7-16A-5 and §7-16A-6, all relating to the establishment of countywide programs intended to remove abandoned and junked automobiles.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Unger, Oliverio, Barnes, Love and Yoder:
Senate Bill No. 520- A Bill to amend and reenact §15-2-20 of the Code of West Virginia, 1931, as amended, relating to increasing the relocation expense allotment for members of the West Virginia State Police when the transfer necessitates relocation of the member's family.
Referred to the Committee on Finance.
By Senators Plymale and Jenkins:
Senate Bill No. 521-A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18- 2-37, relating to requiring a study on the feasibility of requiring flood insurance, general property insurance or both on all buildings owned by a county board and the contents of those buildings.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Lanham and Facemyer:
Senate Bill No. 522-A Bill extending the time for the city council of Hurricane to meet as a levying body for the purpose of presenting to the voters of the city an election to continue an additional city levy to maintain the present salaries of all employees of the paid service existing police department and fire- fighting equipment and to purchase additional fire-fighting and police equipment where necessary from between the seventh and twenty-eighth days of March and the third Tuesday in April until the thirty-first day of May, two thousand five.
Referred to the Committee on Government Organization.
By Senators Bowman, McKenzie and Love:
Senate Bill No. 523- A Bill to amend and reenact §16-3-4 and §16-3-5 of the Code of West Virginia, 1931, as amended, all relating to providing a conscientious and religious conviction exemption from mandatory immunizations for school children; requiring a parent or guardian to submit an affidavit to school authorities in support of the request for an exemption and to further submit an informed consent form, to be provided by the Bureau for Public Health; requiring that a physician who opines that a student should not be immunized for health reasons must be duly registered and licensed to practice medicine in this state; directing the Commissioner of the Bureau for Public Health to propose legislative rules to implement a methodology designed to keep track of the number and identity of all students in each county with exemptions, as well as the justification for each exemption; and providing a legislative finding concerning informed consent.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 524-A Bill to repeal §5A-2-25 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-2-1, §5A- 2-24, §5A-2-32 and §5A-2-33 of said code; and to amend said code by adding thereto a new article, designated §12-4C-1, §12-4C-2, §12- 4C-3, §12-4C-4, §12-4C-5, §12-4C-6, §12-4C-7 and §12-4C-8, all relating to transfer of the central accounting system from the Department of Administration to the Auditor's Office; and creating a Financial Services Oversight Committee.
Referred to the Committee on Finance.
Senators Helmick, Deem, Barnes and Love offered the following resolution:
Senate Concurrent Resolution No. 47-- Requesting the Division of Highways name the bridge near Seebert, Pocahontas County, at the entrance to Watoga State Park, the "Tom Edgar Memorial Bridge".
Whereas, Thomas E. Edgar of Hillsboro, Pocahontas County, was a highly decorated World War II veteran who was wounded in battle; and
Whereas, Thomas E. Edgar was elected to the West Virginia House of Delegates in 1960 and served until his death in 1972; and
Whereas, As a disabled veteran, the Honorable Thomas E. Edgar was instrumental in eliminating structural barriers for the handicapped. In 1972, a handicapped entrance to the West Virginia State Capitol was dedicated in his memory; and
Whereas, As a member of the Legislature, one of the projects of the Honorable Thomas E. Edgar was the construction of the bridge near Seebert, Pocahontas County, at the entrance to Watoga State Park; and
Whereas, It is only fitting that the bridge for which he was responsible 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 bridge near Seebert, Pocahontas County, at the entrance to Watoga State Park, the "Tom Edgar Memorial 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 "Tom Edgar 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 Unger and Hunter offered the following resolution:
Senate Concurrent Resolution No. 48-- Requesting the Joint Committee on Government and Finance study available mental health services for servicemen and servicewomen and their families following duty in combat areas.
Whereas, Many West Virginia servicemen and servicewomen have been mobilized and assigned to combat and support duty in Afghanistan, Iraq and other countries; and
Whereas, Many of these servicemen and servicewomen are members of the National Guard with established residences, professions and families in this state; and
Whereas, The families of these men and women are faced with the stress of dealing with additional responsibilities, the fear and worry for loved ones in harm's way and the loss of vital support; and
Whereas, These servicemen and servicewomen and their families deserve appropriate mental health services from a collaborative state effort through multiple agencies, including, but not limited to: The Department of Health and Human Resources, the Bureau of Behavioral Health and Health Facilities, the Bureau for Children and Families, the Department of Education, the Division of Juvenile Services and relevant agencies of the federal government; and
Whereas, Mental health services for returning servicemen and servicewomen and their families may best be provided by community- based mental health services; and
Whereas, Federal comprehensive community mental health services grants are available to develop comprehensive, community- based systems of care for youth with serious emotional disturbances and their families, but may only be applied to in-state treatment; and
Whereas, The Legislature should explore the possibilities of developing a comprehensive multiagency mental health plan to identify the core services needed in West Virginia communities to provide adequate care and address the development of community- based treatment options and financial assistance opportunities to assist these returning servicemen and servicewomen and their families; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study available mental health services for servicemen and servicewomen and their families following duty in combat areas; 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 Bowman, Bailey, Chafin, Sprouse, Helmick, Barnes, Harrison, Yoder, McCabe, Dempsey, Jenkins, Hunter and Unger offered the following resolution:
Senate Concurrent Resolution No. 49--Requesting the Joint Committee on Government and Finance study alternatives to out-of- state placement of children committed to the care of the State of West Virginia.
Whereas, Children placed in the care of the state are an important responsibility of state government; and
Whereas, The treatment, care, rehabilitation and education of such children should be delivered in a clinically successful and cost-effective manner; and
Whereas, Hundreds of children in the care of the state are placed in out-of-state institutions and programs that often prove costly; and
Whereas, The current annual cost of out-of-state placement is in excess of $20 million; and
Whereas, Out-of-state placements are frequently a considerable distance from families, friends, neighbors and communities of the children; and
Whereas, The Legislature has passed numerous acts in an effort to reduce the practice of placing children in out-of-state facilities or institutions and to reduce the cost of such placements, but those acts have not had the intended effect; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study alternatives to out-of-state placement of children committed to the care of the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to study the current statutes, rules or regulations regarding the placement of children and determine whether they are effective, being properly followed or enforced or if they incorporate the most beneficial strategies, methods and services to serve the children placed in the care of the state and compare current practices in this state with successful models in other jurisdictions; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to determine whether current programs in West Virginia place sufficient emphasis on returning children in the care of the state to their custodial families or achieving adoptions; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to study programs and methodologies designed to reduce the length of stays in child placement programs and achieve definable benchmarks of progress that lead more rapidly to permanent placements; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to determine whether the total amount of state dollars spent on services for children in the care of the state could be spent more effectively and efficiently; 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 Tomblin (Mr. President), Dempsey, Minear and Jenkins offered the following resolution:
Senate Resolution No. 20--Congratulating the Chapmanville High School girls' softball team on winning the 2004 Class AA championship.
Whereas, The Chapmanville High School girls' softball team had an exceptional season which earned it the opportunity to participate in the 2004 Class AA championship playoffs; and
Whereas, The Chapmanville High School girls' softball team won the 2004 Class AA championship; and
Whereas, The coaching staff of the Chapmanville High School girls' softball team, consisting of Head Coach Ronnie Ooten and assistant coaches Barbara Ooten and David Elkins, is commended for its outstanding leadership ability; and
Whereas, The players of the Chapmanville High School girls' softball team, consisting of Sharelle Adkins, Amy Baisden, Bridgett Runyon, Nicole Adams, Savannah Atkins, Erin Bowling, Jaci Collins, Polly Dingess, Katie Parsley, Danielle Dalton, Lori Dingess, Odessa Dingess, Kelli Elkins, Brittany Evans, Tristan Gartin, Brandi Gilman, Amber Kirk, Destini Ritchie, Devon Bennett, Brooke Carey, Rachel DesRocher, Kris Garrett, Jill Lansden and Kara Willis, are commended for their outstanding athletic ability, team spirit and sportsmanship; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Chapmanville High School girls' softball 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 Chapmanville High School girls' softball team.
At the request of Senator Chafin, 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 proceeded to the seventh order of business.
Senate Concurrent Resolution No. 44, Requesting Division of Highways name bridge on Frame Road near Elkview "Dewey Russell Crowder 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. 45, Requesting Division of Highways name bridge on Route 16 and Route 50 near Ellenboro in Ritchie County "West Virginia State Trooper Larry G. Hacker 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. 46, Requesting Division of Highways name bridge spanning Gauley River on Route 39 near Summersville, Nicholas County, "Brock's Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 222, Relating to membership of Workforce Investment Council.
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: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bailey and Kessler--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 222) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2495, Repeal the requirement that jails be inspected by appointees of the Circuit Courts.
On third reading, coming up in regular order, war read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bailey and Kessler--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2495) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 2592, Relating to the design-build procurement act.
On third reading, coming up in regular order, war read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Bailey and Kessler--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2592) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
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; definitions; authorizing reimbursement of expenses for Design-Build Board members; clarifying the duties of the Board; modifying requirements for approval of design-build projects; clarifying that authority to enter into design-build contracts terminates when Board terminates; requiring monthly progress reports on design-build projects; requiring annual reports; revising rule-making authority and requirements; specifying requirements for performance criteria developers; establishing requirements for issuing invitations for qualifications and proposals; providing for selection of qualified design-builders; revising proposal requirements; revising submission requirements; and changing the continuation date for the Board.
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.
Senate Bill No. 413, Relating generally to financially related activities of state-chartered banking institutions.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the tenth order of business.
Senate Bill No. 235, Relating to National Animal Identification System.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
At the request of Senator Barnes, and by unanimous consent, the Senate returned to the sixth order of business.
Petitions
Senator Barnes presented a petition from Karen Floyd and numerous West Virginia residents, supporting Senate Bill No. 82 (Requiring consent from parent or guardian before abortion on certain minors; penalty), House Bill No. 2112 (Requiring a physician to receive written consent from at least one parent or legal guardian before an abortion is performed on an unemancipated minor) and House Bill No. 2888 (Requiring that abortion providers notify the parents of a minor seeking an abortion forty-eight hours before performing the procedure).
Referred to the Committee on Health and Human Resources.
Senator Barnes presented a petition from Jean Crawford and numerous West Virginia residents, supporting Engrossed Senate Bill No. 146 (Establishing Unborn Victims of Violence Act) and House Bill No. 2331 (Unborn Victims of Violence Act).
Referred to the Committee on the Judiciary.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Minear, Chafin and Hunter.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Bailey and Kessler.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, March 14, 2005, at 11 a.m.
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