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

Charleston, W. Va., Friday, March 18, 2005

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Right Reverend E. Alphonso Heyliger, Senior Pastor, Ferguson Memorial Baptist Church, Dunbar, West Virginia.
Pending the reading of the Journal of Thursday, March 17, 2005,
On motion of Senator Minear, 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.
Senator Tomblin (Mr. President) presented a communication from the Court of Claims, submitting its annual report, in accordance with chapter fourteen, article two, section twenty-five of the code of West Virginia.
Which report was 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. 17--Requesting the Joint Committee on Government and Finance to make a study of issues involving volunteer firefighters, recruitment and retention of volunteer firefighters and the ability of communities to support volunteer fire-fighting companies.
Whereas, Volunteer firefighters provide an essential and compellingly important service and contribution to the well-being and preservation of the assets of this state; and
Whereas, Volunteer firefighters work selflessly and courageously, without remuneration or the promise of remuneration, risking injury and death to protect their fellow citizens; and
Whereas, It is becoming more and more difficult for communities to find and retain volunteer firefighters to meet current and future needs; and
Whereas, It is essential that the State review the ability of volunteer fire companies to recruit, retain and support the activities of volunteer firefighters in order to avert a potential crisis for many communities across the State; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, examine and study the issues involving volunteer firefighters, recruitment of volunteer firefighters and retention of voluntary firefighters and the ability of communities to support volunteer fire-fighting companies; 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 the legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Rules.
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. 45--Honoring the late Leonard R. Valentine by declaring the bridge numbered 54 - 1.60 on State Route 54 in Mullens, West Virginia, the "Leonard Valentine 'Coach Val' Memorial Bridge".
Whereas, Coach Val was the first African-American coach in the State of West Virginia to win state championships in two different sports, football in 1951 and basketball in 1963, for Conley High School, the Blue Devils, an all-black school; and
Whereas, Coach Val was featured in Jet Magazine for being the first African-American coach to win a boys' state basketball championship in the State of West Virginia with an all-black team; and
Whereas, Coach Val served as the assistant coach to Don Nuckols in both the 1970 and 1972 West Virginia boys' state basketball championships; and
Whereas, Coach Val was a graduate and All-American in football as a tight end for Bluefield State College; and
Whereas, Coach Val became a life member of the Kappa Alpha Psi Fraternity, Inc., and later the founding father of the Beckley Alumni Chapter of Kappa Alpha Psi; and
Whereas, Coach Val did community service for the City of Mullens, West Virginia, by ensuring that all community playgrounds for the youth were operational and functioning for the kids during summer, after school had ended for the year; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to designate and name the bridge numbered 54 - 1.60 on State Route 54 in Mullens, West Virginia, the "Leonard Valentine 'Coach Val' Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways provide and erect signs at either end of the bridge displaying the name "Leonard Valentine 'Coach Val' Memorial Bridge"; 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 Commissioner of the Division of Highways, the family of Leonard R. Valentine and the City of Mullens.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 253, Permitting Insurance Commissioner waive or reduce penalty for late filing of tax returns.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
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. 254, Relating to reinsurance intermediaries.
With amendments from the Committee on Banking and Insurance pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred; and as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
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. 305, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to general provisions.
With an amendment from the Committee on Pensions pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Pensions to which the bill was first referred; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on 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. 366, Authorizing Division of Labor promulgate legislative rule relating to weights and measures calibration fees.
And,
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 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 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. 418, Providing insurance reform by expanding and providing funding and expanded powers for Office of Consumer Advocacy.
With amendments from the Committee on Banking and Insurance pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred; but under the original triple committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Banking and Insurance pending.
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. 456, Relating to cure offer from merchant or seller to consumer.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 456 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §46A-6-102 and §46A-6-106 of the Code of West Virginia, 1931, as amended, all relating to cure offers; definitions; requiring notice of violation prior to initiation of law suits; authorizing and limiting awards for inconvenience; tolling of statute of limitation during twenty- day period for consideration of cure offer proposal or during cure period; inadmissability of cure offers; exceptions; and authorizing attorney's fees and costs where seller or lessor sued after performing agreed upon cure.
With the recommendation that the committee substitute 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 Bowman, Dempsey, Minard, Jenkins, Hunter and Unger:
Senate Bill No. 586--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22h; and to amend said code by adding thereto a new section, designated §18-7A-26t, all relating to the Public Employees Retirement System and the Teachers Retirement System; providing a one-time supplement for certain annuitants who have been members of the retirement systems for more than ten years and to retirants who have been members for five to ten years; and exempting the one-time supplement from West Virginia taxes.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Bowman, Facemyer, Guills, Love, Edgell and Jenkins:
Senate Bill No. 587--A Bill to amend and reenact §49-6-2 of the Code of West Virginia, 1931, as amended, relating to the appointment of counsel in abuse and neglect cases.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Unger and Hunter:
Senate Bill No. 588--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-5-13f; and to amend and reenact §61-8-19, §61-8-19a, §61-8-19b and §61-8-20 of said code, all relating to expanding the definition of "animal cruelty"; instituting stronger penalties for animal cruelty; providing for an early intervention program for youths who engage in animal cruelty; and allowing judges to require that offenders complete an anger management program.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Plymale, Sharpe, Jenkins and Hunter:
Senate Bill No. 589--A Bill to amend and reenact §18-2-26 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8d of said code, all relating to the sharing of services of central office administrative personnel; use of central office administrative services provided by regional education service agencies; and rights of employees terminated due to the sharing of these services or obtaining these services from a regional education service agency.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Foster and Dempsey:
Senate Bill No. 590--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto three new sections, designated §15-2-25b, §15-2-31a and §15-2-31b; and to amend and reenact §15-2-26, §15-2-27, §15-2-27a, §15-2-28, §15-2-29, §15-2- 30, §15-2-31, §15-2-32, §15-2-33, §15-2-34 and §15-2-37 of said code, all relating to the West Virginia State Police Death, Disability and Retirement Fund generally; adding general definitions; adding definitions of "law-enforcement officer", "partially disabled", "totally disabled" and "physical or mental impairment"; making technical changes; providing for probable permanent disability status; specifying that total disability is inability to perform any substantial gainful employment and that partial disability is inability to perform law-enforcement duties; specifying limitation on compensation rendered to health care providers; providing that member receiving annuity for partial disability incurred in performance of duty may be employed as an elected sheriff or appointed chief of police if it is shown to the Board that such employment is not inconsistent with the partial disability; allowing application for disability to be made by person acting on member's behalf; allowing Superintendent to petition Board for member's disability when he or she deems the member disabled; authorizing rules; judicial review; allowing Board to withhold payment pending judicial review; requiring disability recipient to file annual statement of earnings and setting forth penalty for refusal or failure to do so; and annual report of employer's disability retirement experience.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster and Dempsey:
Senate Bill No. 591--A Bill to amend and reenact §18-7A-3, §18-7A-14, §18-7A-17, §18-7A-23a, §18-7A-25, §18-7A-26 and §18-7A- 34 of the Code of West Virginia, 1931, as amended, all relating to amending, adding and alphabetizing the definitions; providing for the use of qualified military service; providing that, for deceased retired participants, interest is included in the calculation of terminal benefits payable; clarifying provisions for loan repayment; replacing earnable compensation with gross salary; clarifying maximum loan amount; and technical corrections.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 592--A Bill to repeal §3-8-5c of the Code of West Virginia, 1931, as amended; to amend and reenact §3-8-1, §3-8-2, §3-8-3, §3-8-4, §3-8-5, §3-8-5a, §3-8-5f, §3-8-8, §3-8-9 and §3-8-12 of said code; and to amend and reenact §3-9-15 of said code, all relating to the regulation and control of political campaign contributions, receipts and expenditures.
Referred to the Committee on the Judiciary.
By Senator Yoder:
Senate Bill No. 593--A Bill to amend and reenact §20-7-25 of the Code of West Virginia, 1931, as amended, relating to establishing a volunteer litter reporting program.
Referred to the Committee on the Judiciary.
By Senators Prezioso and Unger:
Senate Bill No. 594--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo, relating to authorizing county commissions to adopt ordinances to reduce false alarms.
Referred to the Committee on Government Organization.
By Senators Harrison, White, Hunter and Unger:
Senate Bill No. 595--A Bill to amend and reenact §11-21-10 of the Code of West Virginia, 1931, as amended, relating to personal income tax; and changing the low-income exclusion.
Referred to the Committee on Finance.
By Senators Sprouse, Yoder, Facemyer, Guills, Minear and Lanham:
Senate Bill No. 596--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7D-1, §55-7D-2, §55-7D-3, §55-7D-4, §55-7D-5, §55-7D-6, §55-7D-7, §55-7D-8 and §55-7D-9, all relating to providing for certain judicial standards and procedures for personal injury and wrongful death claims arising out of asbestos or silica exposure; providing a short title; setting forth findings and purpose; setting forth definitions; setting forth legal standards and procedures for establishing physical impairment; prescribing statute of limitation standards; requesting the state Supreme Court of Appeals to permit consolidation of asbestos or silica claims for trial; and providing an effective date.
Referred to the Committee on the Judiciary.
By Senators Sprouse, Yoder, Barnes, Facemyer, Minear, Guills, Weeks and Lanham:
Senate Bill No. 597--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-23, relating to precluding causes of action for medical monitoring.
Referred to the Committee on the Judiciary.
By Senators Sprouse, Yoder, Barnes, Facemyer, Guills, Weeks, Minear and Lanham:
Senate Bill No. 598--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-23, relating to reducing court judgments in claims for injury or property damage for economic loss by amounts a plaintiff receives from collateral sources.
Referred to the Committee on the Judiciary.
By Senators Sprouse, Yoder, Barnes, Caruth, Minear, Guills, Lanham, Weeks, Harrison, Boley and Facemyer:
Senate Bill No. 599--A Bill to amend and reenact §55-7-22 of the Code of West Virginia, 1931, as amended, relating to eliminating any liability for wrongful death of, injury to or damage to property of a perpetrator of a crime during the commission of a crime.
Referred to the Committee on the Judiciary.
By Senators Chafin, Plymale, Bailey, Yoder, Jenkins, Helmick and Hunter:
Senate Bill No. 600--A Bill to amend and reenact §62-3-21 of the Code of West Virginia, 1931, as amended, relating to reducing the amount of time a prosecutor has to try a case after an information is filed or an indictment is obtained.
Referred to the Committee on the Judiciary.
By Senators Facemyer and Unger:
Senate Bill No. 601--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all military retirement benefits derived from personal income tax.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Hunter, Dempsey, Minard, Jenkins, Barnes and Unger:
Senate Bill No. 602--A Bill to amend and reenact §15-1B-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-2-6 of said code, all relating to designation of Mountaineer Challenge Academy as special alternative education program; providing for State Board rule and minimum provisions; application limited to Academy consent; making additional findings and stating intent; making applicable references; and updating terms.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 603--A Bill to repeal §18B-1-7 and §18B-1-9 of the Code of West Virginia, 1931, as amended; to repeal §18B-2-1, §18B-2-2 and §18B-2-3 of said code; to repeal §18B-3-5 and §18B-3-7 of said code; to repeal §18B-5-2d of said code; to repeal §18B-14-11 of said code; to amend and reenact §5-6-4A of said code; to amend and reenact §5G-1-2 of said code; to amend and reenact §12-3-5, §12-3-6, §12-3-7 and §12-3-8 of said code; to amend and reenact §18B-1-3 and §18B-1-6 of said code; to amend and reenact §18B-1A-2 and §18B-1A-6 of said code; to amend and reenact §18B-1B-4, §18B-1B-5 and §18B-1B-6 of said code; to amend said article by adding thereto a new section, designated §18B-1B-13; to amend and reenact §18B-2A-3 and §18B-2A-4 of said code; to amend said code by adding thereto a new section, designated §18B-2B-9; to amend and reenact §18B-3-1, §18B-3-2 and §18B-3-3; to amend said code by adding thereto a new section, designated §18B-3-4; to amend and reenact §18B-4-5, §18B-4-5a, §18B-4-6 and §18B-4-7 of said code; to amend and reenact §18B-5-3, §18B-5-4, §18B-5-7 and §18B-5-9 of said code; to amend said code by adding thereto a new section, designated §18B-5-10; to amend and reenact §18B-10-1, §18B-10-5 and §18B-10-6 of said code; to amend said code by adding thereto a new section, designated §18B-10-6a; to amend said code by adding thereto a new section, designated §18B-11-7; and to amend said code by adding thereto a new section, designated §18B-14-12, all relating to higher education; providing flexibility measures for certain state institutions of higher education; transferring powers, authorities, responsibilities and duties between certain entities; definitions; excepting certain institutions from certain requirements for selecting engineering and architectural services; excepting certain institutions from certain required reports to Joint Committee on Government and Finance regarding real property contracts and agreements; requiring transfer of real property under certain circumstances from Higher Education Policy Commission to certain institutions; clarifying real property retention rights of Policy Commission for certain jointly used real property; modifying format and documentation requirements for acceptance of certain documents by State Auditor; expanding permissible uses for purchase card; transferring to State Auditor certain duties regarding purchase cards; transferring to State Auditor authority to approve certain purchase card payments designated to exceed the purchase amount limits and to set the amount by which such payments may exceed the limits; exempting certain institutions from certain document submission requirements for travel expense reimbursement; clarifying requirements for promulgation of higher education rules; requiring certain institutions to promulgate certain rules; establishing certain requirements for rule adoption, validation, enforcement and reporting; limiting certain authorities when rules not adopted; transferring to certain institutions authority for compact and master plan development, review and approval; limiting Policy Commission jurisdiction, power, responsibility and authority regarding certain institutions; modifying Policy Commission duties; expanding Policy Commission discretion in setting Chancellor salary; specifying limitation of certain entities on exercising certain authorities and fulfilling certain responsibilities; modifying responsibility for assigning institutions' geographic areas of responsibility; limiting circumstances when certain institutions are required to collaborate in providing certain graduate-level programs; transferring to certain institutions authority for capital project need identification, prioritization and selection; modifying criteria considered for capital project selection; extending to certain institutions authority to approve compensation package for president; preserving the jurisdiction and authority of certain higher education entities to manage technology; clarifying authority of Policy Commission to assess certain fees; specifying when discharging certain duties requires consultation among various higher education entities; transferring to certain institutions authority to approve tuition and fee increases, review and approve academic programs, develop capital budgets and set standards for conferring degrees; exempting certain institutions from Attorney General and Policy Commission approval requirements for executing certain documents, instruments and purchases; requiring study and report of recommendations relating to higher education personnel issues; establishing scope of personnel study and charges for implementation; modifying requirements and authorities regarding delegation of powers by certain higher education entities; expanding and modifying the powers and duties of research, doctoral-granting public universities and their governing boards; providing legislative findings, purpose and intent for such expansion and modification; for certain institutions expanding authority and establishing parameters and procedures for donating certain surplus computers and related items; limiting application to certain institutions of certain surplus item disposal requirements; defining the relationship between the Policy Commission and certain governing boards and between the West Virginia Council for Community and Technical College Education and certain governing boards; establishing and defining the duties of certain governing boards to address state priorities and the goals for post-secondary education established by the Legislature; defining state priorities; requiring annual report of progress; expanding jurisdiction of certain campus police officers in certain situations; expanding jurisdiction of certain parking and vehicle operating violations for certain institutions; specifying certain acceptable qualifications for employment as campus police officer at certain institutions; expanding responsibility of certain institutions to investigate certain crimes; expanding authority of certain institutions to expend the excess of certain parking fees collected; increasing fines and expanding penalty options for certain parking and vehicle operating violations at certain institutions; exempting certain institutions from requirements to participate in certain cooperative purchasing and operating arrangements; specifying responsibility of certain institutions for ensuring fiscal integrity of operations; establishing requirements for implementing best business and management practices for certain institutions, including certain required reports; requiring study of insurance and risk management programs and subsequent report; specifying scope and parameters of insurance and risk study; expanding discretion of certain institutions to offer undergraduate- and graduate-level fee waivers, eliminating certain waiver award restrictions and requiring rule governing waivers; requiring certain institutions to establish a nonprofit Regional Brownfield Assistance Center; defining Assistance Center service regions; establishing Assistance Center powers and duties; creating Governor's Commission on Graduate Study in Science, Technology, Engineering and Mathematics; establishing membership; assigning charge to Commission; providing legislative findings and requiring report to Legislative Oversight Commission on Education Accountability; deleting, repealing and updating certain obsolete provisions; and making technical corrections.
Referred to the Committee on Education; and then to the Committee on Finance.
Senators Caruth and Guills offered the following resolution:
Senate Concurrent Resolution No. 57--Requesting the Division of Highways name the bridge in Mercer County on U. S. Route 460 which crosses I-77 the "Lance Corporal Juston Thacker Memorial Bridge".
Whereas, Juston Thacker, a native of Mercer County and a 2001 graduate of Princeton High School, was a player on the Princeton High School football team. During his senior year, he served as the team's co-captain and the team posted a 9-3 record and a playoff win; and
Whereas, Juston Thacker was so moved by the terrible events of September 11, 2001, that he joined the United States Marine Corps on March 18, 2002; and
Whereas, During his first overseas tour of duty, Juston Thacker served as an embassy guard in Kabul, Afghanistan; and
Whereas, On June 24, 2004, just six weeks into his second tour of duty in Afghanistan, Lance Corporal Juston Thacker and his team came upon the enemy lying in wait to ambush another group of U. S. military forces. Lance Corporal Juston Thacker and another member of his team were killed in action during a heavy exchange of gunfire with the enemy. Because of the action of Lance Corporal Juston Thacker and his team, the lives of many other U. S. soldiers were saved; and
Whereas, It is fitting that a lasting tribute be named to honor the life of Lance Corporal Juston Thacker, a true American hero; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge in Mercer County on U. S. Route 460 which crosses I-77 the "Lance Corporal Juston Thacker Memorial Bridge"; and, be it
Further Resolved, That the Legislature hereby recognizes the sacrifice made by Juston Thacker who laid down his life in service to his country during the war on terror in Afghanistan; 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 "Lance Corporal Juston Thacker Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
At the request of Senator White, unanimous consent being granted, Senators White, Unger, McCabe, Barnes, Foster, Fanning, Dempsey, Bowman, Love, Hunter, Jenkins, McKenzie, Chafin, Lanham, Kessler, Prezioso, Edgell and Bailey offered the following resolution from the floor:
Senate Concurrent Resolution No. 58--Petitioning the United States Congress investigate the loss of insurance coverage and pensions for active and retired coal miners due to the bankruptcy of Horizon Natural Resources and the closing of Cannelton Mine in Kanawha County.
Whereas, On August 31, 2004, Federal Bankruptcy Court for the Eastern District of Kentucky issued a decision that allowed for the sale of Horizon Natural Resources' assets, which include Cannelton Mine located in eastern Kanawha County; and
Whereas, As a part of the settlement, the Court allowed Horizon Natural Resources to void its contract with workers, thereby eliminating its contractual obligation to provide medical insurance coverage to the active and retired membership; and
Whereas, The Court also permitted the company's assets to be sold "free and clear", leading to the termination of health benefits for retirees covered by the Coal Act, a federal statute enacted by Congress in 1992 to prevent coal companies from abandoning retirees; and
Whereas, As a result of the decision in Federal Bankruptcy Court, on September 27, 2004, the Cannelton Mine was idled and 250 coal miners lost their jobs and health benefits; approximately 100 active miners were laid off before they could accrue full pension benefits; approximately 1,000 retirees and their spouses in Kanawha and Fayette counties lost their health benefits; and local and coal mine-related businesses in this state lost thousands of dollars owed to them; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby petitions the United States Congress investigate the loss of insurance coverage and pensions for active and retired coal miners due to the bankruptcy of Horizon Natural Resources and the closing of Cannelton Mine in Kanawha County; and, be it
Further Resolved, That the Legislature hereby requests Congress determine whether the bankruptcy laws should be amended to ensure that workers' health and pension benefits are protected; and, be it
Further Resolved, That the Legislature hereby requests the Governor review and develop policies and programs to protect the economic welfare of coal miners and communities negatively affected by mine closures as a result of bankruptcies of coal mining companies and convene a meeting of federal, state and local elected and appointed officials associated with coal mining and coal miners' health and safety to review and evaluate the 1992 Coal Act and other federal and state laws in light of the Horizon Natural Resources' bankruptcy to determine the need for amendment of these laws; 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 and the Governor.
At the request of Senator White, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Petitions
Senator Weeks presented a petition from Gledis L. Wood and numerous West Virginia residents, requesting funding for the Blue Jay and Fayette County Training Centers.
Referred to the Committee on Finance.
Senator Foster presented a petition from Charlotte E. Kessler and numerous West Virginia residents, supporting a statewide referendum to authorize table games at licensed horse and dog racetracks.
Referred to the Committee on the Judiciary.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 604 (originating in the Committee on Finance)- -A Bill to amend and reenact §18-9A-15 of the Code of West Virginia, 1931, as amended, relating to requiring the Legislature to make an appropriation for increased enrollment; requiring the State Board to promulgate a rule establishing a method of projecting the increase in net enrollment in each school district; requiring the State Superintendent to make projections of increased enrollment; requiring two allocations to counties with increased enrollment, the first being based on projected enrollment and the second being determined in a manner requiring the total of the two allocations be based on the actual increase in enrollment; requiring school districts with a projected increase enrollment to refund a certain amount of the first allocation in certain instances; and including students who have not attained the age of five.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 604) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 24, Recognizing and supporting continued promotion of state apiary industry.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 44, Requesting Division of Highways name bridge on Frame Road near Elkview "Dewey Russell Crowder Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 45, Requesting Division of Highways name bridge on Route 16 and Route 50 near Ellenboro in Ritchie County "West Virginia State Trooper Larry G. Hacker Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page one, in the first Whereas, by striking out "U. S." and inserting in lieu thereof "W. Va.";
On page one, after the Resolved clause, by striking out "U. S." and inserting in lieu thereof "W. Va.";
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 53--Requesting the Division
of Highways name the portion of W. Va. Route 16 beginning at the Raleigh/Fayette county line and ending in Oak Hill, Fayette County, the "Hank Williams, Sr., Memorial Road".
The question being on the adoption of the resolution (S. C. R. No. 53), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 54, Requesting Division of Highways name bridge located on Route 19 between Flat Top Post Office and Egeria Road "Mills/Hatcher 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. 55, Requesting Director of Office of Emergency Services repair inoperative IFLOWS rain and stream gauges and provide maintenance.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance.
Senate Concurrent Resolution No. 56, Requesting Joint Committee on Government and Finance study highway authorities in state.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 30, Discontinuing use of prior approval system of insurance rate and form filing; other provisions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 147, Creating Methamphetamine Laboratory Eradication Act.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Chafin, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senate Bill No. 256, Requiring insurance companies inform policyholders if flood damage not covered.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Minard, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page two, section six-a, line four, by striking out the words "include in every such" and inserting in lieu thereof the words "provide to the policyholder of every";
And,
On page two, section six-a, line nine, by striking out the word "PROTECTION" and inserting in lieu thereof the word "INSURANCE".
The bill (S. B. No. 256), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 270, Relating to examinations of insurance and health care entities.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 278, Relating to lists of stockholders of banking institutions and bank holding companies.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 433, Increasing membership of Environmental Protection Advisory Council.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 459, Relating to reinsurance and insolvency liability.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 491, Repealing article establishing compact for out-of-state parolee supervision.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. House Bill No. 2478, Relating to removing the prohibition against brewers of nonintoxicating beer requiring distributors to submit certain financial documents.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2869, Relating to permit the conversion of a domestic corporation to a domestic limited liability company.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 31, Requiring Chief Technology Officer maintain cross index of forms used by state agencies.
Com. Sub. for Com. Sub. for Senate Bill No. 191, Relating to implementation of modified mental hygiene procedures.
Senate Bill No. 288, Authorizing rental of vocational rehabilitation facilities by school groups or certain other organizations.
Senate Bill No. 467, Authorizing Director of Division of Protective Services assess, charge and collect fees.
Com. Sub. for Senate Bill No. 498, Clarifying responsibility of Prosecuting Attorneys Institute; other provisions.
Senate Bill No. 582, Granting concurrent jurisdiction to family court and circuit court to set support in abuse and neglect cases.
Senate Bill No. 583, Relating to appealing orders from family court to circuit court.
Senate Bill No. 584, Allowing Bureau for Child Support Enforcement enter orders for modification of child support amounts.
Senate Bill No. 585, Allowing disclosure of juvenile records in certain cases.
Eng. House Bill No. 2510, Allowing public sector moneys to be used to satisfy the matching requirements of the workforce initiative in certain circumstances.
Eng. House Bill No. 2666, Continuation of the Department of Health and Human Resources.
Eng. House Bill No. 2667, Continuation of the West Virginia Commission for the Deaf and Hard-of-Hearing.
Eng. House Bill No. 2846, Continuation of the Real Estate Appraiser Licensing and Certification Board.
Eng. House Bill No. 2892, Continuation of the Bureau for Child Support Enforcement.
And,
Eng. House Bill No. 2893, Continuation of the James "Tiger" Morton Catastrophic Illness Commission.
The Senate proceeded to the eleventh order of business and the introduction of guests.
On motion of Senator Chafin, the Senate recessed for five minutes to permit Jessica Jirak-McGinn to address the Senate on behalf of the Frasure-Singleton Student Legislative Program.
Upon expiration of the recess, the Senate reconvened and proceeded to the twelfth order of business.
Remarks were made by Senator Foster.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, March 21, 2005, at 11 a.m.
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