(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
THIRTY-FOURTH DAY
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Charleston, W. Va., Monday, March 14, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the First Presbyterian Church Preschool
Busy Bees, Charleston, West Virginia, who then led the Senate in
the recitation of the Pledge of Allegiance.
Pending the reading of the Journal of Friday, March 11, 2005,
On motion of Senator Edgell, 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. 2078--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §19-20B-1, §19-20B-2, §19-20B-3, §19-20B-4, §19-20B-5
and §19-20B-6, all relating to requiring the spaying or neutering of dogs and cats adopted by shelters; requiring all shelters to
require that dogs or cats adopted be spayed or neutered;
establishing time-frames for spaying or neutering; requiring a
deposit for adoptions in which the dog or cat has not yet been
spayed or neutered upon adoption; providing for return of deposit
upon proof of spaying or neutering; providing for use of deposit
upon failure to reclaim deposit; allowing agency to petition for
return of any dog or cat not timely neutered or spayed; and
establishing penalties for noncompliance.
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. 2150--A Bill to amend and reenact §49-6-1
of the Code of West Virginia, 1931, as amended, relating to
expanding the possible venues where a child neglect or abuse
petition may be filed.
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. 2271--A Bill to amend and reenact §49-6-4
of the Code of West Virginia, 1931, as amended, relating to the
payment of expert fees in child abuse and neglect cases.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2523--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-2-9c, relating to making it a crime for
released inmates to contact correctional employees; and requiring
that inmates be advised of such prohibition upon release.
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. 2525--A Bill to amend and reenact §18-2-13
of the Code of West Virginia, 1931, as amended, relating to
removing the requirement to contract for independent evaluation and
report to Legislative Oversight Commission every two years on
character education program in public schools.
Referred to the Committee on Education.
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. 2527--A Bill to amend and reenact §18A-4-
8e of the Code of West Virginia, 1931, as amended, relating to
competency testing for service personnel; and authorizing employees
of multicounty vocational school that serves county to administer
tests.
Referred to the Committee on Education; and then to the
Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senator Hunter:
Senate Bill No. 525--A Bill to amend and reenact §11-1C-2 of
the Code of West Virginia, 1931, as amended, relating to natural
resources; and limiting managed timberland for purposes of
preferential tax reduction for total acreage of less than one
thousand acres per county owned by either one corporation or one
person or, if more than one person, owned indivision.
Referred to the Committee on Finance.
By Senator Minear:
Senate Bill No. 526--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-15a; and to amend said code by adding thereto a
new section, designated §11-24-11b, all relating to personal income
and corporation net income tax credits; and allowing a credit
against a taxpayer's tax liability for contributions to community
foundations.
Referred to the Committee on Finance.
By Senators Yoder, Unger, Facemyer, Sharpe, Fanning, Hunter,
Prezioso, Boley, Chafin, Kessler, Edgell, Minear, Weeks, Sprouse,
Bailey, Barnes, Lanham, Bowman, Love, Caruth, Harrison, Deem, Guills, Helmick, McKenzie, Oliverio, Minard, Plymale, Dempsey and
Foster:
Senate Bill No. 527--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-4-21, relating to requiring written disclosure
information for consumers of insurance who apply for homeowner's
insurance with an agent and who are denied coverage by an insurance
company.
Referred to the Committee on Banking and Insurance.
By Senator Love:
Senate Bill No. 528--A Bill to amend and reenact §5-16-7 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §33-15-4i; to amend said
code by adding thereto a new section, designated §33-16-3s; to
amend said code by adding thereto a new section, designated
§33-24-7i; to amend said code by adding thereto a new section,
designated §33-25-8g; and to amend said code by adding thereto a
new section, designated §33-25A-8h, all relating to insurance
coverage for acupuncture treatment generally; and providing
insurance coverage under the Public Employees Insurance Act and
certain other insurance policies for acupuncture treatment
performed by a licensed acupuncturist.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 529--A Bill to amend and reenact §16-5D-17 of the Code of West Virginia, 1931, as amended, relating to clarifying
that assisted living residences subject to oversight by the Adult
Protective Services Agency, the State Long-Term Care Ombudsman, the
State Fire Commission and the local board of health which do not
accept Medicaid payments for residents are only subject to
inspection, entry and enforcement by the Office of Health Facility
Licensure and Certification of the Department of Health and Human
Resources after notification to the Office of Health Facility
Licensure and Certification of the Department of Health and Human
Resources of a substantiated complaint by the Adult Protective
Services Agency, the State Long-Term Care Ombudsman, the State Fire
Commission or the local board of health.
Referred to the Committee on Health and Human Resources.
By Senators Jenkins, Bailey, Kessler, Plymale and Unger:
Senate Bill No. 530--A Bill to amend and reenact §7-14-15 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §8-14-19 of said code, all relating to the political
activities of deputy sheriffs and municipal police officers;
amending the list of prohibited political activities by deputy
sheriffs and municipal police officers; providing certain
exceptions; prohibiting deputy sheriffs and municipal police
officers from being candidates for or holding public office in the
county or municipality where employed; prohibiting deputy sheriffs
and municipal police officers from soliciting political
contributions or donations from members or employees of the county
or municipality; setting forth certain permissible activities; and providing penalties for appointed or elected officials who violate
the provisions of this bill.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 531--A Bill to amend and reenact §16-5I-1,
§16-5I-2, §16-5I-3, §16-5I-4, §16-5I-5 and §16-5I-6 of the Code of
West Virginia, 1931, as amended, all relating to the Hospice
Licensure Act; requiring compliance with the Centers for Medicare
and Medicaid Services; and penalties.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators Love, Minard and Dempsey:
Senate Bill No. 532--A Bill to amend and reenact §5-10-15a of
the Code of West Virginia, 1931, as amended, relating to allowing
state employees who were unable to convert accumulated sick leave
into credited service for retirement, due to having to use it
during times of illness, to have the option to purchase it back by
having withholdings taken from future pay.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Prezioso, Unger, Bailey, Barnes, Boley, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Kessler, Love, McKenzie, Minard, Minear,
Oliverio, Plymale, Sharpe, Sprouse, Tomblin (Mr. President), Weeks,
White and Yoder:
Senate Bill No. 533--A Bill to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of
the Code of West Virginia, 1931, as amended, all relating to
parental notification requirements for abortions performed on
unemancipated minors; waiver; notice to minor of right of petition
to circuit court; reporting requirements; creating penalties and
remedies; specifying where notice not required; and severability.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Love, Hunter, McKenzie and White:
Senate Bill No. 534--A Bill to amend and reenact §61-5-8 of
the Code of West Virginia, 1931, as amended, relating to adults and
juveniles in custody or confinement; providing criminal penalties
for aiding escape; specifying items that are unlawful to deliver to
or be possessed by individuals in custody or confinement; providing
criminal penalties for possession of certain items by adults or
juveniles in custody or confinement in a jail, state correctional
facility, juvenile facility or juvenile detention center; providing
criminal penalties for transporting certain items onto the grounds
of a jail, state correctional facility, juvenile facility or
juvenile detention center; and providing definitions.
Referred to the Committee on the Judiciary.
By Senators Foster and Bailey:
Senate Bill No. 535--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-9A-9a, relating to prohibiting the sale of candy- or
fruit-flavored cigarettes in this state.
Referred to the Committee on the Judiciary.
By Senators Love, White, Sharpe, Bailey and Minard:
Senate Bill No. 536--A Bill to amend and reenact §16-13A-2 of
the Code of West Virginia, 1931, as amended, relating to the
creation and modification of public service districts; requiring
the county commission to provide the Public Service Commission a
copy of the order or petition seeking the creation, modification or
dissolution of a public service district, as well as the time of
the hearing to be held by the county commission; and providing that
the Public Service Commission may conduct a hearing in the affected
county on the matter.
Referred to the Committee on Government Organization.
By Senators Jenkins and Plymale:
Senate Bill No. 537--A Bill to amend and reenact §31-20-2 and
§31-20-10 of the Code of West Virginia, 1931, as amended, all
relating to defining "arresting agency"; and providing that the
arresting agency shall pay the cost for the initial twenty-four
hours of incarceration for each inmate it arrests who is
incarcerated.
Referred to the Committee on Finance.
By Senators Foster and Jenkins:
Senate Bill No. 538--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §30-4C-1, §30-4C-2, §30-4C-3, §30-4C-4 and §30-4C-5, all
relating to the regulation of advertising by dentists.
Referred to the Committee on the Judiciary.
By Senators Foster and Jenkins:
Senate Bill No. 539--A Bill to amend and reenact §30-4-20 of
the Code of West Virginia, 1931, as amended, relating to the
licensing of dentists generally; and providing for the immediate
suspension or revocation of a license as necessary to protect the
health and safety of the public.
Referred to the Committee on the Judiciary.
By Senators McCabe, Hunter, White, Sharpe, Bowman, Kessler and
Sprouse:
Senate Bill No. 540--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5,
§29-3D-6, §29-3D-7, §29-3D-8 and §29-3D-9, all relating to
regulating plumbers and fire protection workers; requiring plumbers
and fire protection workers to be licensed; defining certain terms;
providing certain exemptions to the requirement of a license;
requiring the State Fire Marshal to make applications available to
affected persons; providing for the payment of certain license
fees; setting forth the powers and duties of the Fire Marshal;
listing criteria to be considered in denying, suspending or
revoking any license; setting forth criminal penalties for
noncompliance; and providing that no political subdivision of the
state may mandate additional licensing requirements.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
Senator Unger offered the following resolution:
Senate Resolution No. 21--Recognizing Leadership Berkeley for
its service, dedication and commitment to Berkeley County.
Whereas, The objective of Leadership Berkeley is to promote
knowledge and awareness of the problems, opportunities and issues
facing Berkeley County; and
Whereas, Leadership Berkeley is designed to provide a series
of educational and participatory experiences, as well as an
opportunity for dialogue and the development of a correlation among
participants in order to encourage local participation in the
growth of Berkeley County; and
Whereas, The membership of Leadership Berkeley includes
individuals from nearly every facet of Berkeley County's business,
professional, religious, governmental, educational, civic, the
arts, organized labor and minority organizations who demonstrate a
commitment to the community; and
Whereas, The 2004-2005 membership of Leadership Berkeley
consists of Gayla Audia, Mountain State University; JaneMarie
Borger, Berkeley County Schools; Tina Combs, Chamber of Commerce of
Martinsburg and Berkeley County; Quentin Daugherty, Quentin C.
Daugherty, CPA; Rodney Emery, Veterans Administration Medical
Center; Lynne Gober, Berkeley County Schools; Glenda Helman,
Community Networks, Inc.; Kevin Knowles, ICT Group; Ginger Lewis,
CoxHollia; Patricia McMillan, City of Martinsburg; Jeffrey Michael,
Valley Farm Credit/County Home Mortgage; Jessica Miller, Bank of
Charles Town; Gail Moxley, Citizens National Bank; Kathy Paige,
Long & Foster Real Estate; Lorna Pitzer, Hedgesville High School; Katherine Ryan, Ryan Consulting Services; Vicki Shean, Region 9
Planning & Development; Rick Shearer, Jackson Kelly PLLC; Shawn
Smith and Sandra Spicher, Veterans Administration Medical Center;
and Jennifer Stanley, Farmers & Merchants Bank and Trust;
therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Berkeley for its
service, dedication and commitment to Berkeley County; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of
Leadership Berkeley.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Facemyer, Barnes, Boley, Bowman, Caruth, Chafin,
Deem, Dempsey, Edgell, Fanning, Foster, Guills, Helmick, Hunter,
Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Prezioso, Sharpe, Unger, Weeks, White, Yoder, Tomblin (Mr.
President), Plymale and Sprouse offered the following resolution:
Senate Resolution No. 22--Designating March 14, 2005, as "West
Virginia University Extension Service Day".
Whereas, Every day in all 55 counties of this state, the West Virginia University Extension Service makes available to the
citizenry of this state the programs, curriculum, scholarly
research, technological advancements and rich traditions of the
largest and first state land grant university which, additionally,
offers the most multifaceted curriculum and, consequently, the most
career-related opportunities in West Virginia; and
Whereas, The West Virginia University Extension Service, with
the assistance of 7,200 volunteers, conducts the 4-H Youth
Development Program through which more than 56,000 youths have
learned leadership, citizenship and life skills; and
Whereas, The West Virginia University Extension Service
operates West Virginia University's Jackson's Mill, the nation's
first state 4-H camp, as a place of learning, renewal and
development; and
Whereas, Since 1914, the West Virginia University Extension
Service employees and staff have been dependable, enthusiastic and
effective partners with many state communities, working in
collaboration and cooperation with county commissions, boards of
education, educators, law-enforcement personnel, health service
agencies, miners, farmers, leaders, families and civic groups; and
Whereas, The West Virginia University Extension Service
continues to provide meaningful and valuable service to local
communities throughout the state, including the provision of timely
and relevant educational programs and opportunities that are based
on sound academic principles and supported by thorough and
meticulous scholarly research; and
Whereas, The West Virginia University Extension Service is a
trusted and reliable source of knowledge and information for state
residents seeking solutions to agricultural, industrial, health,
domestic and educational concerns and issues; and
Whereas, The West Virginia University Extension Service's
activities support and enhance community and educational
development and excellence while fostering confidence and courage
in the citizens of this state through the power that ensues from
education and knowledge; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 14, 2005, as "West
Virginia University Extension Service Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to President David Hardesty of West
Virginia University and to the West Virginia University Extension
Service.
At the request of Senator Facemyer, 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. 47, Requesting Division of
Highways name bridge near Seebert, Pocahontas County, "Tom Edgar
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. 48, Requesting Joint
Committee on Government and Finance study mental health services
for certain military members and their families.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 49, Requesting Joint
Committee on Government and Finance study alternatives to
out-of-state placement of children.
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. 235, Relating to National Animal
Identification System.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 413, Relating generally to financially related
activities of state-chartered banking institutions.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Banking and Insurance, were reported by the Clerk, considered
simultaneously, and adopted:
On page nine, section one, line four, after the word "institution" by striking out the word "or" and inserting in lieu
thereof a comma;
And,
On page nine, section one, line five, by striking out the word
"a".
The bill (S. B. No. 413), as amended, was then ordered to
engrossment and third reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Chafin.
The Senate then proceeded to the thirteenth order of business.
At the respective requests of Senators Kessler and Bailey,
unanimous consent being granted, it was ordered that the Journal
show had Senators Kessler and Bailey been present in the chamber on
Friday, March 11, 2005, they would have voted "yea" on the passage
of Engrossed Senate Bill No. 222, Engrossed House Bill No. 2495 and
Engrossed Committee Substitute for House Bill No. 2592.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, March 15, 2005, at 11 a.m.
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