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

Charleston, W. Va.,

Tuesday, March 15, 2005

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Mohammad Jamal Daoudi, Imam of Islamic Association of West Virginia, South Charleston, West Virginia.
Pending the reading of the Journal of Monday, March 14, 2005,
On motion of Senator Guills, 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. Com. Sub. for House Bill No. 2227--A Bill to amend and reenact §8-10-2 of the Code of West Virginia, 1931, as amended, relating to prescribing minimum standards for municipal judges; requiring criminal background checks of persons applying for municipal judgeships; excluding persons convicted of certain offenses from serving as municipal judge; and requiring municipal judges receive continuing legal training.
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 concurrence by that body in the Senate amendments, as amended by the House of Delegates, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments to the Senate amendments, as to
Eng. Com. Sub. for House Bill No. 2592, Relating to the design-build procurement act.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the Senate amendments to the bill were reported by the Clerk:
On page twenty-eight, section fifteen, line one, after the word "exist" by inserting a comma and the words "pursuant to the provisions of article ten, chapter four of this code,";
On page twenty-nine, section fifteen, line four, after the word "of" by inserting the word "that";
And,
On page twenty-nine, section fifteen, line five, after the word "code" by inserting the words "or other act of the Legislature".
On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendments to the Senate amendments to the bill (Eng. Com. Sub. for H. B. No. 2592) and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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. House Bill No. 2813--A Bill to amend and reenact §24-2-11 of the Code of West Virginia, 1931, as amended, relating to requirements for certificate of public convenience and necessity; and removing the prohibition on applying for and obtaining franchises, licenses or permits prior to obtaining a certificate of public convenience and necessity from the Public Service Commission.
Referred to the Committee on Energy, Industry and Mining.
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. 2869--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31D-11-1109, relating to permit the conversion of a domestic corporation to a domestic limited liability company. 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. 2958--A Bill to amend and reenact §5-16-4a of the Code of West Virginia, 1931, as amended, relating to continuing the Public Employees Insurance Agency Finance Board.
Referred to the Committee on Government Organization.
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. 5--Requesting the Division of Highways to name the bridge on Cleveland Avenue in Buckhannon, West Virginia, the "William S. O'Brien Memorial Bridge".
Whereas, William S. O'Brien was born the son of Colonel Emmet J. and Marsha Ann O'Brien on January 8, 1862, at Audra, on the Middle Fork River in Barbour County, West Virginia, and moved with them to Weston, Lewis County, West Virginia, in 1867; and
Whereas, After obtaining his degree from West Virginia University in 1891, he began actively practicing law; and
Whereas, William S. O'Brien was married to his beloved wife, Emma White, on October 14, 1896, which produced four wonderful children, three sons and one daughter; and
Whereas, During his long career as a public servant, William O'Brien taught school, served as a captain in the National Guard, was a member of the Masons and the Knights of Pythias, served as editor of the newspaper, sat as judge of the twelfth judicial circuit from 1913 to 1920 and was elected a member of Congress from the Third District in 1926; and
Whereas, William S. O'Brien served as Secretary of State from 1932 until he passed on August 10, 1948; and
Whereas, The members of the West Virginia Legislature would like to honor the public service and the life of William O'Brien; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on Cleveland Avenue in Buckhannon, West Virginia, Department of Highways design division bridge number 10232, in honor of William O'Brien, a legislator, lawyer, educator, family man and public servant; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on the bridge signs identifying it as the "William S. O'Brien Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
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. 14--Requesting the Division of Highways to name the bridge spanning the Gauley River on Route 39 near Summersville, Nicholas County, the "Brock's Bridge".
Whereas, The bridge over the Gauley River at Brock's Ferry was first built in 1904 at a cost of approximately $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 over the Gauley River in this location has been historically known as the "Brock's Ferry Bridge", it is only fitting that the bridge be formally so named; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to 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 erect appropriate signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of Highways and to the Nicholas County Commission.
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. 21--Requesting the Department of Education to create a position in the Department to coordinate, oversee and advocate for public school libraries.
Whereas, Public school libraries can fulfill an important role in teaching students, supporting curriculum delivery and providing resources for staff development; and
Whereas, Public school libraries, when adequately funded and staffed with professionally trained and credentialed library media specialists, have shown their value in improving student performance; and
Whereas, There is no person responsible for ensuring that the valuable role of public school libraries is appropriately represented in state level policy formation and program development for improving education in the public schools; therefore, be it
Resolved by the Legislature of West Virginia:
That the Department of Education is hereby requested to create a position in the Department to coordinate, oversee and advocate for public school libraries.
Referred to the Committee on Education; and then to the Committee on Finance.
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. 36--Requesting the Division of Highways to name the bridge at McCauley in Hardy County, West Virginia, the "John and Freda Rudy Memorial Bridge".
Whereas, John and Freda Rudy lived a life of joy, nurturing not only a budding business but also a loving family; and
Whereas, John and Freda Rudy began their career in the grocery business in 1938, creating a business that would become a vital part of the community; and
Whereas, Both were named Outstanding Democrat of the Year for Hardy County, John Rudy in 1987 and Freda Rudy in 1990; and
Whereas, John and Freda owned and operated the store they built together to unselfishly serve their community for more than fifty-five years; and
Whereas, After John's death in December 1995, Freda continued to live in their store/home until her passing in November, 2004; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge at McCauley in Hardy County, West Virginia, in honor of John and Freda Rudy, devoted parents, grandparents, friends, merchants and public servants; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on the bridge signs identifying it as the "John and Freda Rudy Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation; 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 Rudy family.
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. 40--Naming the new bridge spanning the Elk River in Clendenin, West Virginia, the "Hardman Brothers Bridge".
Whereas, The Hardman Brothers, Harper, Harry, Jack, Robert and Lawrence, grew up and attended school in Clendenin, West Virginia, and each later unselfishly served this country in the armed services; and
Whereas, Harper Hardman, now deceased, served in the Air Force from 1941 to 1971 in World War II, Korea and Vietnam; and
Whereas, Harry Hardman served in the Navy from 1941 to 1974 in World War II, Korea and Vietnam; and
Whereas, Jack Hardman served in the Navy from 1948 to 1971 in Korea and Vietnam; and
Whereas, Richard Hardman served in the Navy from 1949 to 1954 in Korea; and
Whereas, Robert Hardman served in the Air Force from 1951 to 1973 in Korea and Vietnam; and
Whereas, These five brothers served, combined, over one hundred years of active duty military service, including service during World War II, the Korean War and the Vietnam War; therefore, be it
Resolved by the Legislature of West Virginia:
That the new bridge spanning the Elk River in Clendenin, West Virginia, be named the "Hardman Brothers Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be manufactured appropriate signs with the prominent display of the words "Hardman Brothers Bridge" and to erect same at either end of the new bridge spanning the Elk River in Clendenin, West Virginia; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the West Virginia Chapter of the Veterans of Foreign Wars, Post 3522 of the Fourth District, located in this state and to the Commissioner of the Division of Highways.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 15th day of March, 2005, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. No. 2483), Repeal the section of the West Virginia Code relating to escape of convicts and rewards.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 121, Allowing certain renewal of hunting license without actual certificate of training document.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 121 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §20-2-30a of the Code of West Virginia, 1931, as amended, relating to renewing a hunting license and/or stamp without the actual certificate of training document.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
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. 166, Authorizing sale of certain land on Buffalo Creek, Logan County .
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
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
Senate Bill No. 194, Providing funding for Affordable Housing Trust Fund; Board composition.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 194 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-4c; to amend and reenact §11-22-2 of said code; and to amend and reenact §31-18D-5, §31-18D-6, §31-18D-7 and §31- 18D-9 of said code, all relating to the West Virginia Affordable Housing Trust Fund generally; imposing a fee of twenty dollars on the transfer of real property in addition to the excise tax imposed on real property transfers; imposing a fee of twenty dollars in addition to the consumers sales tax on sales of mobile homes; dedicating the revenues from the additional fees to the West Virginia Affordable Housing Trust Fund; authorizing expenditures for administrative and operating expenses; changing the composition of the Board of Directors of the West Virginia Affordable Housing Trust Fund by reducing the number of members appointed representing nonprofit organizations; adding additional members representing real estate and manufactured housing groups; reducing the number of votes necessary for Board action; providing that the West Virginia Housing Development Fund shall establish best practices for recipients of trust fund moneys; permitting trust fund moneys to be used for initial operational expenses of local governmental programs to reduce substandard housing or inappropriate land use patterns; and eliminating certain restrictions on application procedures for trust fund moneys.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 194), under the original double committee reference, was then referred to the Committee on Finance.
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. 223, Relating to vesting retirement benefits for certain members of military.
And has amended same.
And,
Senate Bill No. 262, Relating to State Police 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 double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
Senate Bill No. 223, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Pensions pending.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of Senate Bill No. 262 contained in the foregoing report from the Committee on Pensions.
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. 264, Relating to Teachers Defined Contribution Retirement System.
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,
Dan Foster,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Pensions.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 287, Transferring authority to propose water quality standard rules to Department of Environmental Protection.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Energy, Industry and Mining; and then 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. 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 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 Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 305, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to general provisions.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but with the further recommendation that it first be referred to the Committee on Finance; and then, under the original double committee reference, be referred to the Committee on the Judiciary.
Respectfully submitted,
Dan Foster,
Chair.
On motion of Senator Foster, the bill (S. B. No. 305) contained in the foregoing report from the Committee on Pensions was referred to the Committee on Finance; and then, under the original double committee reference, to the Committee on the Judiciary, with an amendment from the Committee on Pensions 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. 306, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to deputy sheriff retirement system.
With an amendment from the Committee on Pensions pending;
Senate Bill No. 308, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Teachers Defined Contribution System.
With an amendment from the Committee on Pensions pending;
Senate Bill No. 309, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Teachers Defined Benefit Plan.
With an amendment from the Committee on Pensions pending; And,
Senate Bill No. 310, Authoring Consolidated Public Retirement Board promulgate legislative rule relating to Public Employees Retirement System.
With an amendment from the Committee on Pensions pending;
And reports the same back with the recommendation that they each do pass as amended by the Committee on Pensions to which the bills were first referred; 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, with amendments from the Committee on Pensions pending.
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. 307, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to benefit determination and appeal.
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 the Judiciary.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 373, Authorizing Division of Natural Resources promulgate legislative rule relating to commercial whitewater outfitters.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary.
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. 425, Relating to Deputy Sheriff Retirement System.
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,
Dan Foster,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Pensions.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 476, Allowing use of red-colored artificial light when hunting coyotes.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
John Pat Fanning,
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
Senate Bill No. 488, Permitting conversion of domestic corporation to domestic limited liability company.
And reports the same back with the recommendation that it 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
Senate Bill No. 505, Creating Indigent Defense Commission.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 505 (originating in the Committee on the Judiciary)--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 generally; continuing public defender services; creating the Indigent Defense Commission; specifying members and their terms; transferring certain powers and duties of agency to the Executive Director and Indigent Defense Commission; authorizing the Executive Director to reduce or reject certain vouchers; authorizing resubmission of reduced or rejected vouchers; authorizing removal of Public Defender Corporation board members for cause; activation of corporations; permitting the employment of both full-time and part-time attorneys; allowing for contracting with part-time attorneys; mandating the order 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.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 505), under the original double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2129, Creating misdemeanor offense of motion picture piracy.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senators Kessler, Hunter, Love and McKenzie:
Senate Bill No. 541-- A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2-46n, all relating to authorizing crossbow hunting for disabled persons.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 542-- A Bill to amend and reenact §14-2-2 of the Code of West Virginia, 1931, as amended, relating to providing an exception to the requirement that actions in which the state is a party be brought in Kanawha County for suits involving motor vehicle accidents.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Hunter and Dempsey:
Senate Bill No. 543--A Bill to amend and reenact §11-1C-10 and §11-1C-11 of the Code of West Virginia, 1931, as amended, all relating to providing tax incentives to nonresidential owners of managed timberland to allow the general public to use the land for recreational purposes; and providing legislative findings toward this purpose.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senator McCabe:
Senate Bill No. 544-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29A-8-1, §29A-8-2, §29A-8-3, §29A-8-4, §29A-8-5, §29A-8-6, §29A-8-7, §29A-8-8 and §29A-8-9, all relating to creating the "Permitting Information Act"; providing a short title; setting forth legislative findings; defining certain terms; creating the position of ombudsman to facilitate dissemination of information regarding state permits; providing state agencies have a duty to provide permitting information; providing for the assessment of costs against agencies who fail to provide information; providing for a report to be made to the Legislature and Governor concerning the dissemination of permitting information; and requiring the ombudsman to propose rules to effectuate the purposes of the article.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Chafin, Kessler and Hunter:
Senate Bill No. 545--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto four new sections, designated §5-3-6, §5-3-7, §5-3-8 and §5-3-9, all relating to the Attorney General generally; creating an Insurance Advocacy Unit in the office of the Attorney General; providing for the appointment of an Insurance Advocate; setting forth the authority of the Insurance Advocate; and providing for the duties of the Insurance Advocate.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators McCabe, Jenkins, Foster, Oliverio and Yoder:
Senate Bill No. 546-- A Bill to amend and reenact §56-6-31 of the Code of West Virginia, 1931, as amended, relating to equalizing the interest rates allowed for prejudgment and post-judgment interest.
Referred to the Committee on the Judiciary.
By Senators Hunter and Dempsey:
Senate Bill No. 547-- A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to create and sell sport compact license plates.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Love, Sharpe, Minard, Bailey, White, Jenkins and Dempsey:
Senate Bill No. 548-- A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to the crimes of assault and battery upon law-enforcement officers; and adding Public Service Commission motor carrier inspectors to the list of law-enforcement officers.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 549-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-6-4, relating to requiring judgment debtors to make monthly reports to magistrate court concerning whether the judgment debt is being paid or has been wholly satisfied.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Foster, Hunter and Jenkins:
Senate Bill No. 550-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-14, relating to designation of rural hospitals for purposes of the Critical Access Hospital Program.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 551-- A Bill to amend and reenact §30-4A-1, §30-4A-2, §30-4A-3, §30-4A-4, §30-4A-5, §30-4A-6, §30-4A-7, §30-4A-8, §30-4A-9, §30-4A-10, §30-4A-11, §30-4A-12, §30-4A-13, §30-4A-14, §30-4A-15, §30-4A-16 and §30-4A-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-4A-18, all relating to the administration of anesthesia by dentists.
Referred to the Committee on the Judiciary.
By Senator Edgell:
Senate Bill No. 552-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-58, relating to making it a crime to knowingly sell an unstable horse.
Referred to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 553--A Bill to amend and reenact §8A-11-1 of the Code of West Virginia, 1931, as amended, relating to prohibiting local ordinances to discriminate against factory-built housing.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Caruth and Barnes:
Senate Bill No. 554-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-9-4, relating to attendance of officers and employees at official meetings of the municipal governing body or committees thereof which require the presence of a quorum for the conduct of business.
Referred to the Committee on Government Organization.
By Senator Unger:
Senate Bill No. 555-- A Bill to amend and reenact §6-9A-5 of the Code of West Virginia, 1931, as amended, relating to boards and commissions; and providing that governing bodies of public agencies need not have a second to a motion if the governing body has seven or less members.
Referred to the Committee on the Judiciary.
By Senators Unger, Jenkins and Dempsey:
Senate Bill No. 556-- A Bill to amend and reenact §21-3A-2 and §21-3A-19 of the Code of West Virginia, 1931, as amended, all relating to providing coverage for municipal firefighters under the Occupational Safety and Health Act.
Referred to the Committee on Energy, Industry and Mining.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 557-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-46; and to amend and reenact §18-9D-2 and §18-9D- 16 of said code, all relating to time levels for bus routes; providing for the establishment, maintenance and adherence to schedules for one-way bus transportation time levels under normal weather operating conditions; prohibiting the creation of new bus routes in the wake of a closure or consolidation of an existing school facility in which the time levels for the bus routes exceed certain levels; allowing for county school boards to seek a waiver from such prohibition from the State School Board and the School Building Authority; defining certain terms; and providing that School Building Authority and State School Board cannot approve any facilities plan until it approves any waiver requested by a county board.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Jenkins, Edgell, Plymale, Deem, Foster and Hunter:
Senate Joint Resolution No. 11-- Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section 11a, relating to county and municipal excess levies; allowing excess levies of county commissions and municipalities be approved by a majority of the votes cast for and against the same; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Sprouse and Foster offered the following resolution:
Senate Concurrent Resolution No. 50-- Petitioning the United States Congress allow a variance to the gross vehicle weight limit of approximately 30 miles of I-77/I-64 between Marmet, Kanawha County, and Mossy, Fayette County, to allow 120,000 pounds of gross vehicle weight so that coal trucks may lawfully travel this section of highway.
Whereas, The Legislature has enacted legislation that allows trucks to pass through the town of Chesapeake, Kanawha County, with a gross vehicle weight of 120,000 pounds; and
Whereas, This legislation allows upwards of 400 trucks to pass through Chesapeake daily, creating environmental and safety hazards of dust, speed and close proximity to parked vehicles, children in school zones and on the streets; and
Whereas, Before this legislation was passed increasing the gross vehicle weight limit, all of these trucks consistently had an overweight gross vehicle weight of 160,000 pounds and used I-77/I- 64 between Marmet, Kanawha County, and Mossy, Fayette County; and
Whereas, I-77/I-64 weight limits are regulated by the United States Department of Transportation's Federal Highway Administration and not the State of West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby petitions the United States Congress allow a variance to the gross vehicle weight limit of approximately 30 miles of I-77/I-64 between Marmet, Kanawha County, and Mossy, Fayette County, to allow 120,000 pounds of gross vehicle weight so that coal trucks may lawfully travel this section of highway; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation.
Which, under the rules, lies over one day.
Senators Fanning and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 51-- Requesting the Joint Committee on Government and Finance study how the Board of Risk and Insurance Management sets rates for municipalities, counties and colleges and universities.
Whereas, Rates set by the Board of Risk and Insurance Management have tripled recently; and
Whereas, These increased rates are a problem for those who must pay them; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study how the Board of Risk and Insurance Management sets rates for municipalities, counties and colleges and universities; 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 Oliverio, Prezioso and McCabe offered the following resolution:
Senate Concurrent Resolution No. 52- Requesting the Division of Highways rename the Watson Bridge in Marion County the "Watson Senior Citizens Bridge" in honor of Jim Costello.
Whereas, Jim Costello, a resident of Marion County, served in World War II, worked as a coal miner and was a supervisor with the Division of Highways; and
Whereas, As a supervisor with the Division of Highways, he oversaw the rebuilding of the Watson Bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways rename the Watson Bridge in Marion County the "Watson Senior Citizens Bridge" in honor of Jim Costello; 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 "Watson Senior Citizens Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Marion County Commission.
Which, under the rules, lies over one day.
Senators Love, Unger, Jenkins, Prezioso, Yoder, Chafin, Deem, Minard, Boley, Lanham, Minear, Tomblin (Mr. President), Fanning, Guills, Caruth, Sharpe, Dempsey, Weeks, Foster, Facemyer, White, Helmick, McKenzie, Plymale, McCabe and Oliverio offered the following resolution:
Senate Concurrent Resolution No. 53-- Requesting the Division of Highways name the portion of U. S. Route 16 beginning at the Raleigh/Fayette county line and ending in Oak Hill, Fayette County, the "Hank Williams, Sr., Memorial Road".
Whereas, Hank Williams, Sr., traveled over the portion of U. S. Route 16 beginning at the Raleigh/Fayette county line and ending in Oak Hill, Fayette County, shortly before his death near Oak Hill on the night of December 31, 1952; and
Whereas, The haunting melodies created by Hank Williams, Sr., have touched the souls of so many throughout the United States; and
Whereas, The contributions of Hank Williams, Sr., have helped propel country music into the billion-dollar industry it is today; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the portion of U. S. Route 16 beginning at the Raleigh/Fayette county line and ending in Oak Hill, Fayette County, the "Hank Williams, Sr., Memorial Road"; 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 Governor.
Which, under the rules, lies over one day.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 235, Relating to National Animal Identification System.
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. 235) 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. 413, Relating generally to financially related activities of state-chartered banking institutions.
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. 413) 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 eleventh order of business and the introduction of guests.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 159, Relating to formation of metro government.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 159 (originating in the Committee on Government Organization)--A Bill to repeal §8-8-1, §8- 8-2, §8-8-3, §8-8-4, §8-8-5, §8-8-6, §8-8-7, §8-8-8, §8-8-9, §8-8-10, §8-8-11, §8-8-12, §8-8-13, §8-8-14, §8-8-15, §8-8-16, §8-8-17 and §8-8-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new chapter, designated §7A-1- 1, §7A-1-2, §7A-1-3, §7A-1-4, §7A-2-1, §7A-2-2, §7A-2-3, §7A-2-4, §7A-3-1, §7A-3-2, §7A-3-3, §7A-3-4, §7A-3-5, §7A-3-6, §7A-3-7, §7A- 4-1, §7A-4-2, §7A-4-3, §7A-5-1, §7A-5-2, §7A-5-3, §7A-5-4, §7A-5-5, §7A-5-6, §7A-5-7, §7A-6-1, §7A-6-2, §7A-6-3, §7A-6-4, §7A-6-5, §7A- 6-6, §7A-6-7, §7A-7-1, §7A-7-2, §7A-7-3, §7A-7-4, §7A-7-5, §7A-7-6, §7A-7-7, §7A-7-8, §7A-7-9 and §7A-8-1, all relating to creating the Consolidated Local Government Act; stating legislative findings and definitions; authorizing municipal consolidation, county consolidation, metro consolidation and metro-metro consolidation; establishing powers to be construed broadly; stating local consolidated government to be treated like municipality in municipal consolidation, county in county consolidation and municipality and county in metro consolidation; addressing jurisdiction and limitations of consolidated local governments; commencing consolidation by petition from voters or resolution by governing bodies; creating charter review committees; stating powers of charter review committees; allowing reimbursement of expenses for committee members; submitting charter review committee budget to governing bodies; studying consolidation; addressing territory, fiscal impact, name, seat, representation, governing body, effective date, transition of service and dissolution in charter review committee; drafting proposed charter; providing multiple public hearings; approving proposed charter and submitting proposed charter to governing bodies to hold elections; providing election by voters of each affected local government for municipal consolidation, county consolidation, metro consolidation and metro- metro consolidation; permitting reconsideration of second proposed charter if first is defeated; leaving municipalities incorporated in metro consolidation; disallowing new consolidation effort for two years after defeat; allowing subsequent joining of local governments to consolidated local government; describing metro- metro consolidation; and permitting charter to be amended.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Prezioso, Deem, Kessler and Chafin.
Thereafter, at the request of Senator Weeks, and by unanimous consent, the remarks by Senator Deem were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
Senator Chafin called attention to today being the birthday of the senator from Logan and on behalf of the Senate extended felicitations and good wishes to Senator Tomblin (Mr. President), with Senator Sharpe leading the members in singing "Happy Birthday".
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, March 16, 2005, at 11 a.m.
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