(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
THIRTY-SIXTH DAY
____________
Charleston, W. Va., Wednesday, March 16, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Greg Moore, Marlington
Presbyterian Church, Marlington, West Virginia.
Pending the reading of the Journal of Tuesday, March 15, 2005,
On motion of Senator Unger, 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.
Thereafter, at the request of Senator Edgell, and by unanimous
consent, the remarks by Senator Helmick as to the introduction of
the Honorable Jae Spears, a former senator from the twelfth
district, were ordered printed in the Appendix to the Journal.
At the request of Senator Helmick, unanimous consent being
granted, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the
floor, were suspended in order to grant James W. Spears, Secretary
of the Department of Military Affairs and Public Safety, privileges
of the floor for the day.
Senator Tomblin (Mr. President) presented a communication from
the Coal Heritage Highway Authority, submitting its annual report,
in accordance with chapter twenty-nine, article twenty-eight,
section twelve of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Family Protection Services Board, submitting it annual report
as required by chapter forty-eight, article twenty-six, section
four hundred one of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the third order of business.
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. 19--Requesting the Joint
Committee on Government and Finance study the possible expansion of
in-home family education programs (Early Parent Education) as a research-based and cost-effective way of bringing resources and
families together to ensure that children grow up healthy and ready
to learn.
Whereas, The Legislature has recognized the benefit of in-home
family education, using research-based models to provide voluntary,
ongoing parent education and family support services to families
with young children, mostly through home visits; and
Whereas, There are currently thirty programs in twenty-four
counties which last year served nearly one thousand seven hundred
families representing more than five thousand individuals; and
Whereas, In-home family education offers parents an approach
that enhances their children's readiness to learn; and
Whereas, Children in participating families show improved
early literacy, language, problem solving, social awareness,
competence, basic skills and have higher standardized test scores;
and
Whereas, Families who receive in-home family education rely
less on public assistance, have a healthier interval between
pregnancies, fewer problems with substance abuse and less criminal
justice involvement; and
Whereas, Families who receive in-home family education are
more likely to have health insurance and a medical home, to seek
prenatal and well-child care, and to get their children immunized; and
Whereas, Research shows that participation in in-home family
education is associated with higher rates of high school graduation
and reductions in adolescent risk behavior; and
Whereas, A need exists in West Virginia to offer services to
enhance early learning by children; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the need for expansion and funding for in-home
family education programs; and, be it
Further Resolved, 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 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.
Referred to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 30, Relating to insurance involving total or
partial fire loss.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 30 (originating in the Committee
on Banking and Insurance)--A Bill to amend and reenact §33-2-20 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §33-2-21; to amend and
reenact §33-6-8 of said code; to amend and reenact §33-16B-1 and
§33-16B-3 of said code; to amend and reenact §33-17-8 and §33-17-9
of said code; to amend said code by adding thereto three new
sections, designated §33-17A-4a, §33-17A-4b and §33-17A-4c; and to
amend and reenact §33-20-4 of said code, all relating to insurance;
allowing the Commissioner to permit automobile insurers to withdraw
from doing business in this state; requiring insurer to submit a
plan; permitting promulgation of rules; redesignating a section of
the insurance code enacted as part of the bill assigning workers'
compensation duties to the Insurance Commissioner; clarifying that
certain rules remain in effect; exempting commercial insurance
lines from the requirement of prior approval of rates and forms;
creating a presumption of prospective relief when forms are
disapproved and providing factors to be considered in determining whether relief should be retroactive; defining terms; clarifying
that certain health insurance forms marketed to associations must
be filed with the Commissioner; providing that commercial and
certain health insurance forms marketed to associations are
effective upon first use after filing; clarifying that prior rate
approval applies to health insurance certificates and endorsements;
providing an alternative method for nonrenewal of property
insurance; providing a manner of electing an alternative method;
requiring report to the Legislature; and providing alternative
methods of determining insurer liability in cases of loss to real
property.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Com. Sub. for Senate Bill No. 126 (originating in the
Committee on Military), Relating to educational opportunities for
children of certain deceased military.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 126 (originating
in the Committee on Education)--A Bill to amend and reenact §18-19-
1, §18-19-2 and §18-19-3 of the Code of West Virginia, 1931, as
amended, all relating to amending the use and eligibility
requirements for the educational opportunities benefits for certain
children of those who have died as a result of certain military
service; increasing the limit on allocations to those eligible
children; clarifying eligibility for the allocation and the tuition
waiver for children attending private, out-of-state and state
education or training institutions; and the effect of the
allocation and tuition waiver on other scholarships and grants.
With the recommendation that the committee substitute for
committee substitute do pass; but under the original triple
committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for Com. Sub. for S. B. No. 126), under
the original triple 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
Com. Sub. for Senate Bill No. 147 (originating in the
Committee on Health and Human Resources), Creating Methamphetamine
Reduction and Safe Street Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 147 (originating
in the Committee on the Judiciary)--A Bill to amend and reenact
§60A-1-101 of the Code of West Virginia, 1931, as amended; to amend
and reenact §60A-2-212 of said code; to amend and reenact §60A-3-
308 of said code; to amend and reenact §60A-9-4 and §60A-9-5 of
said code; and to amend said code by adding thereto a new article,
designated §60A-10-1, §60A-10-2, §60A-10-3, §60A-10-4, §60A-10-5,
§60A-10-6, §60A-10-7, §60A-10-8, §60A-10-9, §60A-10-10, §60A-10-11,
§60A-10-12, §60A-10-13 and §60A-10-14, all relating to limiting the
purchase of substances used in the production of methamphetamine;
providing that certain substances containing ephedrine,
pseudoephedrine or phenylpropanolamine, their salts or optical
isomers, or salts of optical isomers are Schedule V substances;
providing legislative findings; defining terms; limiting access to
such substances; providing procedures for purchasing such
substances from pharmacists or licensed pharmacy technicians;
providing for the registration of every wholesaler, manufacturer or
distributor of certain drug products containing such substances; providing for a supplemental list of drug products used in
methamphetamine production; adding ephedrine, pseudoephedrine and
phenylopropanolamine to controlled substances subject to controlled
substances monitoring; requiring medical and dental professionals
to report methamphetamine-related injuries; criminalizing exposure
of children to methamphetamine production; creating offense of
improper storage of anhydrous ammonia; allowing the State Police to
leverage grant funds; requiring reporting by the State Police to
the Legislative Oversight Commission on Health and Human Resources
Accountability; and providing penalties.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 252, Creating fund to reimburse group life
insurance premiums of certain National Guard members.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 256, Requiring insurance companies inform
policyholders if flood damage not covered.
Senate Bill No. 270, Relating to examination of insurance and
health care entities.
Senate Bill No. 278, Relating to lists of stockholders of
banking institutions and bank holding companies.
And,
Senate Bill No. 459, Relating to reinsurance and insolvency
liability.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining 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 the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on the Judiciary.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 289, Adding definition of "fill material" to
Water Pollution Control Act.
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 the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on the Judiciary.
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. 295, Authorizing Board of Acupuncture
promulgate legislative rule relating to dispensing of materia
medica, formulary and legend drugs.
Senate Bill No. 339, Authorizing Health Care Authority
promulgate legislative rule relating to benchmarking and discount
contracts.
Senate Bill No. 340, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to
implementation of Omnibus Health Care Act.
Senate Bill No. 341, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to
implementation of Omnibus Health Care Act payment provisions.
Senate Bill No. 342, Authorizing Department of Health and Human Resources and Insurance Commissioner promulgate legislative
rule relating to uniform credentialing of health care
practitioners.
And,
Senate Bill No. 343, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to methods and
standards for chemical test for intoxication.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 332, Authorizing Environmental Quality Board
promulgate legislative rule relating to requirements governing
water quality standards.
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,
William R. Sharpe, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Oliverio, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 365, Authorizing Division of Labor to
promulgate legislative rule relating to Elevator Safety Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Labor pending.
Senator Oliverio, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 366, Authorizing Division of Labor promulgate
legislative rule relating to weights and measures calibration fees.
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,
Michael A. Oliverio II,
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 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. 381, Authorizing Board of Examiners for
Registered Professional Nurses promulgate legislative rule relating
to fees for services rendered by Board.
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,
Roman W. Prezioso, Jr.,
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 Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 427, Relating to health maintenance
organizations.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
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. 428, Relating to Rehabilitation Environmental
Action Plan.
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 the Judiciary; and then to the
Committee on Finance.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on the Judiciary; and then 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
Senate Bill No. 491, Repealing article establishing compact
for out-of-state parolee supervision.
Eng. House Bill No. 2478, Relating to removing the prohibition
against brewers of nonintoxicating beer requiring distributors to
submit certain financial documents.
And,
Eng. House Bill No. 2869, Relating to permit the conversion of
a domestic corporation to a domestic limited liability company.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 558--A Bill to repeal §12-6-10 and §12-6-15 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§12-1-2, §12-1-12 and §12-1-13 of said code; to amend said code by
adding thereto a new section, designated §12-1-12b; to amend and
reenact §12-2-2 and §12-2-3 of said code; to amend and reenact §12-
3A-4 of said code; to amend and reenact §12-6-1a, §12-6-5, §12-6-8
and §12-6-13 of said code; to amend and reenact §12-6B-4 of said
code; and to amend said code by adding thereto a new article,
designated §12-6C-1, §12-6C-2, §12-6C-3, §12-6C-4, §12-6C-5, §12-6C-6, §12-6C-7, §12-6C-8, §12-6C-9, §12-6C-10, §12-6C-11, §12-6C-
12, §12-6C-13, §12-6C-14, §12-6C-15, §12-6C-16, §12-6C-17, §12-6C-
18, §12-6C-19 and §12-6C-20, all relating generally to the
management and investment of public funds; authorizing investment
accounts for the Board of Treasury Investments; adding State
Treasurer to entities receiving reports from depositories regarding
accounts not approved by the State Treasurer; allowing the Board of
Treasury Investments to accept funds remitted by the State
Treasurer; codifying and clarifying the duties of the State
Treasurer in administering the Federal Cash Management Improvement
Act; authorizing the Federal Cash Management Interest Fund and the
Federal Cash Management - Administration Fund; enabling the Board
of Treasury Investments to invest moneys in the consolidated fund;
codifying current method of handling receipts using the state
accounting system; authorizing Legislature to transfer moneys;
requiring spending units to comply with procedures for receipt and
disbursement of moneys not due the state; clarifying roles and
administration of the West Virginia pay card; transferring
management of consolidated fund from Investment Management Board to
West Virginia Board of Treasury Investments; removing provision
that the Investment Management Board can order the State Auditor
and the State Treasurer to transmit funds; creating West Virginia
Board of Treasury Investments; changing the date the debt capacity report is due from the first day of October to the fifteenth day of
January; providing purposes, legislative findings and definitions
for the Board of Treasury Investments; specifying membership of
Board, appointment of certain directors of Board, terms of office,
vacancies in office, removal of directors, expenses of directors,
meetings and powers of Board; transferring management, control and
administration of consolidated fund to the Board of Treasury
Investments; requiring annual review of asset allocation plans and
investment policies; specifying requirements and restrictions on
investments; authorizing loans for industrial development; handling
of securities; establishing the standard of care for investments;
transferring existing cash, securities and other investments to the
Board of Treasury Investments; requiring audits, financial
statements and reports; continuing the current powers of spending
units as to investments; transferring all loans from the
consolidated fund to the Board of Treasury Investments; creating
the fee fund and the investment fund; authorizing fees for
administration and expenses; and termination of Board.
Referred to the Committee on Finance.
By Senators Oliverio, Dempsey and McCabe:
Senate Bill No. 559--A Bill to amend and reenact §8A-11-1 of
the Code of West Virginia, 1931, as amended, relating to municipal
zoning generally; and providing for discrimination against location of factory-built housing.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators McCabe and Hunter:
Senate Bill No. 560--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §46-9-410, relating to the use of checks, bank account
debit authorizations or share drafts as security for loans or cash
advances made for personal, family or household purposes.
Referred to the Committee on Banking and Insurance.
By Senators Plymale and Jenkins:
Senate Bill No. 561--A Bill to amend and reenact section 7,
chapter 26 of the Acts of the Legislature, regular session, 1925
(municipal charters), as last amended by chapter 110, Acts of the
Legislature, regular session, 2003, relating to authorizing the
Greater Huntington Park and Recreation District to impose certain
fees upon the approval of a majority of its qualified electors
voting at an election for such purpose and issue bonds.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler, Bailey, Chafin, Edgell, Fanning, Hunter,
Minard, Prezioso, Weeks, McCabe, Love and Sharpe:
Senate Bill No. 562--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §22-15-23, relating to creating a new classification of
landfill to be known as "B-plus landfill"; conditions upon which a
solid waste facility may apply to become a B-plus landfill; and
requiring action of the Public Service Commission and Department of
Environmental Protection regarding permitting and certification of
B-plus landfill.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bailey, Unger, Facemyer, Oliverio and Sharpe:
Senate Bill No. 563--A Bill to amend and reenact §17A-6-6 and
§17A-6-18 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new article, designated §17A-
6E-1, §17A-6E-2, §17A-6E-3, §17A-6E-4, §17A-6E-5, §17A-6E-6, §17A-
6E-7, §17A-6E-8, §17A-6E-9, §17A-6E-10, §17A-6E-11, §17A-6E-12 and
§17A-6E-13, all relating to the regulation of selling new or used
vehicles; and providing for the comprehensive regulation and
licensing of persons who sell new or used vehicles by requiring
these persons to obtain licenses as salespersons.
Referred to the Committee on the Judiciary.
Senators Tomblin (Mr. President), Plymale, Edgell, Dempsey,
Fanning, Prezioso, Sprouse, Minear, Jenkins, Oliverio, Unger and
McKenzie offered the following resolution:
Senate Resolution No. 23--Designating March 16, 2005, as
"Higher Education Day".
Whereas, The foundation of any society's success is the degree
to which its citizens are educated; and
Whereas, West Virginia's colleges and universities increase
the knowledge base of West Virginia's students, as well as those
from other states; and
Whereas, West Virginia's education system helps students
achieve their education goals and meet the workforce needs of West
Virginia and the United States; and
Whereas, Not only does the education system contribute to the
economic vitality of the state, but it enriches the culture and
life of all communities and regions within the state and outside
its boundaries; and
Whereas, West Virginia's colleges and universities advance the
development of technology, partner in business and industry,
conduct groundbreaking research and improve lives through advanced
health care; and
Whereas, Through the services of outstanding faculty, staff,
administration and executive leadership, West Virginia's colleges
and universities have developed student-centered programs and
curriculums; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 16, 2005, as "Higher
Education Day"; and, be it
Further Resolved, That the Senate recognizes the commitment to
excellence the leaders of our colleges and universities have
demonstrated; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Chancellor of the Higher Education
Policy Commission, the Chancellor of the Council for Community and
Technical College Education, the President of West Virginia
Independent Colleges and Universities, Inc., and to each of the
presidents of West Virginia's private and public colleges and
universities.
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.
At the request of Senator Bowman, and by unanimous consent,
the remarks by Senator Plymale during the recess were ordered
printed in the Appendix to the Journal.
Petitions
Senator Barnes presented a petition from Sarah Parker and numerous West Virginia residents, requesting the Legislature to
change the process for making stream designations and fishing
regulations.
Referred to the Committee on Natural Resources.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 50, Petitioning Congress
allow variance to gross vehicle weight for 30 miles between Marmet,
Kanawha County, and Mossy, Fayette County.
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. 51, Requesting Joint
Committee on Government and Finance study how Board of Risk and
Insurance Management sets rates.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 52, Requesting Division of
Highways rename Watson Bridge in Marion County "Watson Senior
Citizens 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. 53, Requesting Division of Highways name portion of Route 16 in Fayette County "Hank Williams,
Sr., Memorial Road".
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 tenth order of business.
Com. Sub. for Senate Bill No. 121, Allowing renewal of hunting
license or stamp without actual certificate of training document.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 159, Creating Consolidated Local
Government Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 166, Authorizing sale of certain land on
Buffalo Creek, Logan County.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 262, Relating to State Police Retirement
System.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 264, Relating to Teachers Defined Contribution Retirement System.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 425, Relating to Deputy Sheriff Retirement
System.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 476, Allowing use of red-colored artificial
light when hunting coyotes.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 488, Permitting conversion of domestic
corporation to domestic limited liability company.
On first 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.
Eng. House Bill No. 2129, Creating misdemeanor offense of
motion picture piracy.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Kessler, Deem and Yoder.
Thereafter, at the request of Senator Edgell, and by unanimous
consent, the remarks by Senator Kessler were ordered printed in the
Appendix to the Journal.
At the request of Senator Sprouse, unanimous consent being
granted, the remarks by Senator Yoder were ordered printed in the
Appendix to the Journal.
At the request of Senator Love, and by unanimous consent, the
Senate returned to the eleventh order of business and the
introduction of guests.
The Senate again proceeded to the twelfth order of business.
Remarks were made by Senators Chafin and Sprouse.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 433, Relating to Environmental Protection
Advisory Council.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 433 (originating in the
Committee on Energy, Industry and Mining)--A Bill to amend and
reenact §22-1-9 of the Code of West Virginia, 1931, as amended,
relating to the Environmental Protection Advisory Council
generally; increasing the membership of the Council to eleven
members; specifying represented organizations and entities; and
making certain procedural changes in board activities.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, March 17, 2005, at 11 a.m.
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