(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
FORTY-FIRST DAY
____________
Charleston, W. Va., Monday, March 21, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Shirley Love, a senator
from the eleventh district. Michael Oliverio III and Maggie
Oliverio, children of the Honorable Michael A. Oliverio II, a
senator from the thirteenth district, then led the Senate in the
recitation of the Pledge of Allegiance.
Pending the reading of the Journal of Friday, March 18, 2005,
On motion of Senator Weeks, 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 concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 411, Extending time for county commission
of Tyler County to meet as levying body.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 15, Requesting Division of
Highways name bridge on Turnpike at Sharon "Tony DeRaimo Memorial
Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 18, Requesting Division of
Highways name bridge on Route 73, between Fairmont and Boothsville
in Marion County, "Andrew G. and Carmen L. Hauge Bridge".
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. 3001--A Bill making a supplementary
appropriation of public moneys out of the Treasury from the balance
of moneys remaining as an unappropriated surplus balance in the
State Fund, General Revenue, to the Senate, Fund 0165, Fiscal Year
2005, Organization 2100, the House of Delegates, Fund 0170, Fiscal
Year 2005, Organization 2200, the Joint Expenses, Fund 0175, Fiscal
Year 2005, Organization 2300, the Governor's Office, Fund 0101,
Fiscal Year 2005, Organization 0100, and the Department of
Administration - Office of the Secretary, Fund 0186, Fiscal Year
2005, Organization 0201, by supplementing and amending the
appropriation for the fiscal year ending the thirtieth day of June,
two thousand five.
Referred to the Committee on Finance.
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. 3046--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-10-20, relating to continuation of the Board of
Veterinary Medicine.
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. 16--Providing for naming the
section of West Virginia Route 16 from the intersection of West
Virginia Route 16 and West Virginia Route 5, north to the Ritchie
County line, the "Sheriff Park D. Richards Memorial Highway".
Whereas, Park D. Richards served honorably as Sheriff of
Calhoun County until his untimely death at the age of sixty-two,
during the line of duty in 1976; and
Whereas, On November 18, 1976, Calhoun County Sheriff Park D.
Richards died in the line of duty while he and State Trooper C. W.
"Chuck" McDonald were serving a warrant on a dangerous and
disturbed individual; and
Whereas, When Sheriff Richards and Trooper McDonald announced
their intent, the individual fired a high-powered rifle, striking
Sheriff Richards in the throat; and
Whereas, Sheriff Richards died at the scene of the crime shortly after being shot; and
Whereas, Sheriff Richards is memorialized in a plaque memorial
which hangs on one of the pillars at the Calhoun County Courthouse;
and
Whereas, Sheriff Richards is memorialized as one of the names
which appears on "Fallen Partner", the State of West Virginia's
statue memorial to West Virginia police officers killed in the line
of duty, located outside the Cultural Center at the Capitol Complex
in Charleston; and
Whereas, There is an online memorial to Sheriff Richards,
hosted by The Officer Down Memorial Page, Inc., where he is honored
with the 17,344 United States police officers who have died in the
country to date; and
Whereas, Those who knew Richards can leave remembrances of him
at www.odmp.org; and
Whereas, The Town of Grantsville has declared November 18 as
Sheriff Park Richards Day, and a wreath will be hung beneath his
plaque at the Calhoun County Courthouse annually; therefore, be it
Resolved by the Legislature of West Virginia:
That the section of West Virginia Route 16 from the
intersection of West Virginia Route 16 and West Virginia Route 5,
north to the Ritchie County line, be named the "Sheriff Park D.
Richards Memorial Highway"; 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 "Sheriff Park D. Richards Memorial Highway" and to erect same along the
section of West Virginia Route 16 from the intersection of West
Virginia Route 16 and West Virginia Route 5, north to the Ritchie
County line, West Virginia.
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. 23--Requesting the Division of
Highways to rename State Route 16/46 in Calhoun County the "Alan B.
Mollohan Road".
Whereas, The Calhoun County Board of Education is exceedingly
grateful to Congressman Alan B. Mollohan for his efforts in the
United States Congress and elsewhere that have led to increased
funding and financial assistance for the Calhoun County school
system; and
Whereas, State Route 16/46 runs by and adjacent to the Calhoun
County Middle and High schools, and it is befitting that this road
be renamed for Congressman Mollohan to express the great
appreciation and gratitude that the Calhoun County Board of
Education has developed, as the result of the many tangible
improvements to school facilities and school employee morale which
have flowed from Congressman Mollohan's efforts to provide funding;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to design,
fabricate and place a sign at each end of State Route 16/46 in
Calhoun County designating this stretch of that road the "Alan B.
Mollohan Road"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to Congressman Alan
B. Mollohan.
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. 24--Recognizing Bluefield
State College for its selection as the Tom Joyner Foundation's
national "Historically Black College of the Month" for May, 2005.
Whereas, The Tom Joyner Foundation has a wonderful tradition
of enhancing diversity and opportunities for higher education at
America's historically black colleges and universities; and
Whereas, Bluefield State College has a similarly rich 110-year
heritage of making education possible; and
Whereas, The growing student residential offerings at
Bluefield State College will create opportunities for even more
students for whom scholarship support is vital and can be created
through the Bluefield State College/Tom Joyner Foundation
partnership; therefore, be it
Resolved by the Legislature of West Virginia:
That Bluefield State College be recognized for its selection
as the Tom Joyner Foundation's national "Historically Black College
of the Month" for May, 2005; and, be it
Further Resolved, That the students, alumni, employees and
friends as well as the residents, organizations and businesses of
the region are encouraged to support the scholarship fund-raising
initiative between the Tom Joyner Foundation and Bluefield State
College to help deserving students attend and graduate from
Bluefield State College; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to Albert L.
Walker, President of Bluefield State College, and to the Tom Joyner
Foundation.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution 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.
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 18th 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. 2495), Repeal the requirement that jails be
inspected by appointees of the Circuit Courts.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
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. 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 back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 418 (originating in the
Committee on Finance)--A Bill to amend and reenact §33-2-16 and
§33-2-17 of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto a new section, designated §33-11-4a; to
amend and reenact §33-11-6 of said code; and to amend said code by
adding thereto a new section, designated §33-20-4a, all relating
generally to the regulation of insurance; providing that the Director of Consumer Advocacy shall be appointed by the Governor;
expanding the authority of the Office of Consumer Advocacy;
eliminating a cause of action for unfair claims settlement
practices by third parties; establishing procedures for the filing,
investigation and processing of administrative complaints by third-
party claimants; providing for penalties for engaging in unfair
claims settlement practices; and establishing that certain insurers
shall submit rate filings biannually.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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 Senator Sprouse:
Senate Bill No. 605-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§61-2-10c; to amend and reenact §61-8D-2a of said code; to amend
said code by adding thereto a new section, designated §61-8D-10;
and to amend said code by adding thereto a new section, designated
§62-1C-17d, all relating to creating a new crime for bodily injury
to law enforcement and other first responders exposed to the
illegal manufacturing of controlled substances; creating a crime
for parents, guardians or custodians who cause the death of a child by allowing the child to be present during the illegal
manufacturing of controlled substances; creating the crime of abuse
of a child due to the child's presence in a place where a
controlled substance is manufactured; and creating a bail procedure
designed to determine bail in cases involving the illegal
manufacturing of controlled substances.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President), Plymale, Helmick, Unger,
Sprouse, Kessler, Edgell, Hunter, Chafin, Bailey, Bowman, Facemyer,
Minard, Love, Sharpe, Caruth, Guills, Jenkins, Foster, Yoder,
Barnes, Lanham, McKenzie and Fanning:
Senate Bill No. 606-
A Bill to amend and reenact §18A-4-2 of
the Code of West Virginia, 1931, as amended, relating to providing
teachers with a fifteen-percent salary increase over the next three
years; and providing that the first year the salary increase is
four percent, the second year the increase is five percent and the
third year the increase is six percent.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Caruth, Barnes and Yoder:
Senate Bill No. 607-
A Bill to amend and reenact §21-5-4 of the
Code of West Virginia, 1931, as amended, relating to employee wages
owed on termination of employment; and providing that liquidated
damages for failure to pay a terminated employee wages owed may not
exceed the amount of wages the person, firm or corporation failed
to pay when due.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Hunter, Sprouse and Harrison:
Senate Bill No. 608-
A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to
calculation of West Virginia adjusted gross income for personal
income tax purposes; and subtracting Social Security benefits from
federal adjusted gross income to the extent included in federal
gross income for federal income tax purposes.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 609-
A Bill to amend and reenact §11-13J-12 of
the Code of West Virginia, 1931, as amended, relating to the
Neighborhood Investment Program Act; requiring a biannual
independent review of the Neighborhood Investment Program; and
extending the termination date of the Act.
Referred to the Committee on Finance.
By Senator Sprouse:
Senate Bill No. 610-
A Bill to amend and reenact §18A-2-12 of
the Code of West Virginia, 1931, as amended, relating to time
periods for evaluation of school personnel; and making lesson plans
the property of the teacher with discretion as to how they are made
available.
Referred to the Committee on Education.
By Senator Sprouse:
Senate Bill No. 611-
A Bill to amend and reenact §18-5A-5 of
the Code of West Virginia, 1931, as amended, relating to allowing
the public school faculty senate to determine whether any new
program or curriculum may be implemented in a school.
Referred to the Committee on Education.
By Senators Sprouse and Weeks:
Senate Bill No. 612-
A Bill to amend and reenact §61-11-8 of
the Code of West Virginia, 1931, as amended, relating to
establishing the crime and penalty for attempted murder of a law-
enforcement officer.
Referred to the Committee on the Judiciary.
By Senators Sprouse and Weeks:
Senate Bill No. 613-
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 issue special
registration plates to the next of kin of a member of any branch of
the armed forces of the United States killed in combat.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 614-
A Bill to amend and reenact §11-24-3 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §11-24-6a, all relating
to updating meaning of federal taxable income and certain other
terms used in West Virginia Corporation Net Income Tax Act; providing new increasing modification to federal taxable income for
amount deducted under Section 199 of Internal Revenue Code;
requiring filing of certain schedules to support deduction and
increasing modification; providing Tax Commissioner with additional
remedies for noncompliance and for errors in computing federal
taxable income; and specifying effective dates.
Referred to the Committee on Finance.
By Senators Bowman and Jenkins:
Senate Bill No. 615-
A Bill to amend and reenact §49-2B-3 of
the Code of West Virginia, 1931, as amended, relating to providing
an exception to the day care facility licensure requirements for
summer academic enrichment and cultural arts development camps.
Referred to the Committee on Health and Human Resources.
By Senators Bowman, Kessler, McKenzie and Yoder:
Senate Bill No. 616-
A Bill to amend and reenact §4-1-17 of the
Code of West Virginia, 1931, as amended, relating to priority of
legislative business for members and designated employees of the
Legislature; and authorizing reciprocity for members and designated
employees of other jurisdictions which afford the same legislative
priority privileges to members of the West Virginia Legislature and
designated employees of the Legislature.
Referred to the Committee on the Judiciary.
By Senators Prezioso, White, Jenkins, Minear, Unger and
Hunter:
Senate Bill No. 617-
A Bill to amend and reenact §30-5-1b of
the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-5-6b, all relating
to pharmacies and pharmacists; defining terms; authorizing remote
dispensing and delivery of prescription drugs; and authorizing the
Board of Pharmacy to propose legislative rules.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Sprouse (By Request):
Senate Bill No. 618-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§61-8D-10, relating to providing a criminal offense for falsely
reporting child abuse.
Referred to the Committee on the Judiciary.
By Senators Sprouse, Jenkins and Weeks:
Senate Bill No. 619-
A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to providing
special license plates for United States armed services retirees.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators White, Love and Bowman:
Senate Bill No. 620-
A Bill to amend and reenact §17C-6-7 of
the Code of West Virginia, 1931, as amended, relating to speed-
measuring devices; allowing law-enforcement officers employed by
any incorporated municipality to present as prima facie evidence
the speed of a motor vehicle obtained through the use of
microwaves; and requiring that all law-enforcement officers
utilizing speed measuring devices be certified in their operation.
Referred to the Committee on the Judiciary.
By Senators Bailey, Hunter, Bowman, McKenzie, Love, Jenkins
and Harrison:
Senate Bill No. 621-A Bill to amend and reenact §61-3E-10 of
the Code of West Virginia, 1931, as amended, relating to wanton
endangerment involving destructive devices, explosive materials,
incendiary devices or operations of clandestine drug labs; and
penalty.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Prezioso, Plymale, Minear, Hunter,
Bowman, McKenzie, Helmick, Fanning, Lanham, Sprouse, Love, Sharpe,
Kessler, Minard, Harrison and Unger:
Senate Bill No. 622-A Bill to amend and reenact §11-3-9 of the
Code of West Virginia, 1931, as amended, relating to clarifying the
exemption for property used by not-for-profit, tax-exempt
corporations operating homes for the aged or retirement communities
from property taxes.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 623-
A Bill to amend and reenact §11-21-9 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §11-21-12g, all
relating to updating meaning of federal adjusted gross income and
certain other terms used in West Virginia Personal Income Tax Act;
providing new increasing modification to federal adjusted gross income for amount deducted under Section 199 of Internal Revenue
Code; requiring filing of certain schedules to support deduction
and increasing modification; providing Tax Commissioner with
additional remedies for noncompliance and for errors in computing
federal adjusted gross income; and specifying effective dates.
Referred to the Committee on Finance.
By Senator Sprouse (By Request):
Senate Joint Resolution No. 13-
Proposing an amendment to the
Constitution of the State of West Virginia, amending section 1b,
article X thereof, relating to homestead exemption increase;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on Finance.
Senators Hunter, Yoder, Jenkins and Unger offered the
following resolution:
Senate Concurrent Resolution No. 59--
Requesting the Joint
Committee on Government and Finance study providing low-cost spay
and neuter programs across the state, including the feasibility of
veterinarians working in private-sector mobile vans equipped to
provide spay and neuter services to low-income and disadvantaged
residents.
Whereas, Some areas of this state are besieged by increasing
numbers of unwanted and free-roaming domestic animals which
threaten livestock and spread disease among other animals; and
Whereas, Many owners of domestic animals are without the means
to spay or neuter their domestic animals or to properly care for their unplanned offspring; and
Whereas, The use of a privately donated mobile van equipped to
provide low-cost spay and neuter services to the citizens of
Barboursville, Cabell County, and the surrounding areas has proven
to be cost-effective and efficient; and
Whereas, Because of restrictions placed on the use of these
properly equipped mobile vans, they are prohibited from serving a
more extensive area; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance study providing low-cost spay and neuter
programs across the state, including the feasibility of
veterinarians working in private-sector mobile vans equipped to
provide spay and neuter services to low-income and disadvantaged
residents; 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.
Petitions
Senator Hunter presented a petition from Barbara Kelley and
numerous West Virginia residents, supporting Senate Bill No. 346
(Providing Board of Veterinary Medicine support low-cost animal
spay and neuter programs) and House Bill No. 2880 (Relating to the
Board of Veterinary Medicine to support low-cost animal spay and
neuter programs).
Referred to the Committee on Finance.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Unger, from the Committee on
Transportation and
Infrastructure
, submitted the following report, which was received:
Your Committee on
Transportation and Infrastructure
has had
under consideration
Senate Concurrent Resolution No. 60 (originating in the
Committee on
Transportation and Infrastructure
)--Requesting the
United States Congress provide funding for a double-stack rail
route in West Virginia as part of the Heartland Corridor Project in
an effort to improve West Virginia's access to affordable rail and
truck transportation as part of the intermodal global supply chain.
Whereas, Efficient and affordable intermodal transportation
has emerged as an essential element in international trade; and
Whereas, The highest value commodities moving in international
trade today, short of those extremely high-value items that move
via air freight, move in containers; and
Whereas, The most cost-effective manner to move such
containers is via rail intermodal in a double-stack configuration; and
Whereas, Most parts of West Virginia are too distant from
existing intermodal routes to provide access for the state's
producers and receivers of products to effectively use the vital
intermodal containerized transportation alternative which isolates
most of West Virginia's commerce from a burgeoning international
trade; and
Whereas, At the request of the Department of Transportation,
Norfolk Southern agreed to collaborate with the Department of
Transportation, the Appalachian Regional Commission and others in
exploring remedies that would improve West Virginia's access to
affordable rail-truck intermodal transportation; and
Whereas, The Nick J. Rahall II Appalachian Transportation
Institute at Marshall University determined in its March 2003 final
report that double-stack rail service would return considerable
economic benefits to West Virginia; and
Whereas, The most efficient surface form of intermodal
transportation for container movement involves "double-stacking"
containers two-high on rail cars; and
Whereas, Currently there are no rail routes in West Virginia
capable of accommodating double-stacked containers, thereby
precluding West Virginia producers' access to double-stack services
and impeding the free flow of double-stacked commerce between West
Virginia and contiguous states; and
Whereas, Such a lack of access to double-stack rail service
for containers places West Virginia producers and receivers of products and components at a significant competitive disadvantage;
and
Whereas, Providing adequate clearances for double-stacked
movement in West Virginia requires tunnels and other track
structures be modified; and
Whereas, Clearing a West Virginia routing for the movement of
double-stacked containers would provide significant economic,
environmental and social benefits to the residents of West Virginia
and adjoining states, including thousands of direct and indirect
new jobs in West Virginia; and
Whereas, Providing for a double-stack intermodal route through
West Virginia should be pursued via a partnership that includes
both public and private entities, including the Department of
Transportation, the United States Department of Transportation and
private rail carrier Norfolk Southern; and
Whereas, The rail carrier in question, Norfolk Southern, on
its own volition and in good faith with proponents of double-stack
intermodal transportation in West Virginia and adjoining states,
decided this year to initiate and fund the preliminary engineering
necessary for the tunnel clearance component of the Heartland
Corridor Project; and
Whereas, The Heartland Corridor Project is an intermodal
project designed to provide West Virginia and adjoining states with
a fully cleared double-stacked intermodal corridor from the east
coast to the midwest, including Chicago, and the Heartland
Corridor's improvements are consistent with West Virginia's interest in improving the free flow of commerce throughout the
United States; and
Whereas, Funding for implementing such a double-stacked route
in West Virginia would be an eligible activity under the proposed
Federal TEA 21 Reauthorization's Program for "Projects of National
and Regional Significance"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States
Congress provide funding for a double-stack rail route in West
Virginia as part of the Heartland Corridor Project in an effort to
improve West Virginia's access to affordable rail and truck
transportation as part of the intermodal global supply chain; and,
be it
Further Resolved, That the United States Congress should
consider that the implementation of this type of intermodal
transportation project would not only greatly benefit the citizens
of West Virginia but would also greatly enhance the free flow of
commerce among all states in the national interest and greatly
benefit the environment, safety and economic development of the
same; 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 reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on
Transportation and
Infrastructure
, submitted the following report, which was received:
Your Committee on
Transportation and Infrastructure
has had
under consideration
Senate Concurrent Resolution No. 61 (originating in the
Committee on
Transportation and Infrastructure
)--Requesting the
Joint Committee on Government and Finance study intermodal
transportation in the State of West Virginia.
Whereas, Efficient and affordable intermodal transportation
has emerged as an essential element in international trade; and
Whereas, The highest value commodities moving in international
trade today, short of those extremely high-value items that move
via air freight, move in containers; and
Whereas, The most cost-effective manner to move such
containers is via rail intermodal in a double-stack configuration;
and
Whereas, Most parts of West Virginia are too distant from
existing intermodal routes to provide access for the state's
producers and receivers of products to effectively use the vital
intermodal containerized transportation alternative which isolates
most of West Virginia's commerce from a burgeoning international
trade; and
Whereas, At the request of the Department of Transportation,
Norfolk Southern agreed to collaborate with the Department of Transportation, the Appalachian Regional Commission and others in
exploring remedies that would improve West Virginia's access to
affordable rail-truck intermodal transportation; and
Whereas, The Nick J. Rahall II Appalachian Transportation
Institute at Marshall University determined in its March 2003 final
report that double-stack rail service would return considerable
economic benefits to West Virginia; and
Whereas, The most efficient surface form of intermodal
transportation for container movement involves "double-stacking"
containers two-high on rail cars; and
Whereas, Currently there are no rail routes in West Virginia
capable of accommodating double-stacked containers, thereby
precluding West Virginia producers' access to double-stack services
and impeding the free flow of double-stacked commerce between West
Virginia and contiguous states; and
Whereas, Such a lack of access to double-stack rail service
for containers places West Virginia producers and receivers of
products and components at a significant competitive disadvantage;
and
Whereas, Providing adequate clearances for double-stacked
movement in West Virginia requires tunnels and other track
structures be modified; and
Whereas, Clearing a West Virginia routing for the movement of
double-stacked containers would provide significant economic,
environmental and social benefits to the residents of West Virginia
and adjoining states, including thousands of direct and indirect new jobs in West Virginia; and
Whereas, Providing for a double-stack intermodal route through
West Virginia should be pursued via a partnership that includes
both public and private entities, including the Department of
Transportation, the United States Department of Transportation and
private rail carrier Norfolk Southern; and
Whereas, The rail carrier in question, Norfolk Southern, on
its own volition and in good faith with proponents of double-stack
intermodal transportation in West Virginia and adjoining states,
decided this year to initiate and fund the preliminary engineering
necessary for the tunnel clearance component of the Heartland
Corridor Project; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study intermodal transportation in the State of West
Virginia.
Further Resolved, That the Joint Committee on Government and
Finance's study of the intermodal transportation project include
infrastructure development and improvement projects in conjunction
with the intermodal transportation project and the use of West
Virginia labor; 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 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 57, Requesting Division of
Highways name bridge in Mercer County on Route 460 crossing
Interstate 77 "Lance Corporal Juston Thacker Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 30, Discontinuing use of
prior approval system of insurance rate and form filing; other
provisions.
On third 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.
Com. Sub. for Com. Sub. for Senate Bill No. 147, Creating Methamphetamine Laboratory Eradication Act.
On third reading, coming up in regular order, with the right
having been granted on Friday, March 18, 2005, for amendments to be
received on third reading, was reported by the Clerk.
On motion of Senator Oliverio, the following amendment to the
bill was reported by the Clerk:
On page thirty-one, section six, line four, by striking out
the word "pharmacy,".
The question being on the adoption of Senator Oliverio's
amendment to the bill.
Thereafter, at the request of Senator Kessler, unanimous
consent being granted, the bill was laid over one day, retaining
its place on the calendar, with the right to amend on third reading
remaining in effect and Senator Oliverio's amendment pending.
Eng. Senate Bill No. 256, Requiring insurance companies inform
policyholders if flood damage not covered.
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. 256) 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. 270, Relating to examinations of
insurance and health care entities.
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. 270) 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. 278, Relating to lists of stockholders of
banking institutions and bank holding companies.
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,
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)--33.
The nays were: Fanning--1.
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. 278) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 433, Increasing membership
of Environmental Protection Advisory Council.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: 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.
Com. Sub. for S. B. No. 433) 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. 459, Relating to reinsurance and
insolvency liability.
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. 459) 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. 491, Repealing article establishing
compact for out-of-state parolee supervision.
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. 491) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 491) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for Senate Bill No. 433, Increasing membership
of Environmental Protection Advisory Council.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, 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, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 433) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the eighth order of business.
Eng. House Bill No. 2478, Relating to removing the prohibition
against brewers of nonintoxicating beer requiring distributors to
submit certain financial documents.
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. H.
B. No. 2478) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2869, Relating to permit the conversion of
a domestic corporation to a domestic limited liability company.
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. H.
B. No. 2869) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 31, Requiring Chief Technology
Officer maintain cross index of forms used by state agencies.
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. 191, Relating to
implementation of modified mental hygiene procedures.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 288, Authorizing rental of vocational
rehabilitation facilities by school groups or certain other
organizations.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section ten, line two, by striking out the words
"is authorized to" and inserting in lieu thereof the word "may";
On page two, section ten, line four, by striking out the word
"to" and inserting in lieu thereof the word "shall";
On page two, section ten, line five, by striking out the word
"therefor" and inserting in lieu thereof the words "for the
facilities";
On page two, section ten, line five, by striking out the word
"such";
And,
On page two, section ten, line seven, by striking out the word
"such" and inserting in lieu thereof the word "the".
The bill (S. B. No. 288), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 467, Authorizing Director of Division of
Protective Services assess, charge and collect fees.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page one, section seven, line one, before the word "There"
by inserting "(a)";
On page one, section seven, line one, by striking out the
words "hereby created" and inserting in lieu thereof the word
"continued";
On page two, section seven, line three, by striking out the
word "of" and inserting in lieu thereof the word "in";
On page two, section seven, line eleven, before the word "The"
by inserting "(b)";
On page two, section seven, line seventeen, before the word
"The" by inserting "(c)";
On page two, section seven, lines nineteen and twenty, by
striking out the words "or members of the Division";
And,
On page three, section seven, line twenty-four, after the word
"hours" by striking out the comma and inserting in lieu thereof the
word "and".
The bill (S. B. No. 467), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 498, Clarifying responsibility
of Prosecuting Attorneys Institute; other provisions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 582, Granting concurrent jurisdiction to
family court and circuit court to set support in abuse and neglect
cases.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 583, Relating to appealing orders from family
court to circuit court.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 584, Allowing Bureau for Child Support
Enforcement enter orders for modification of child support amounts.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 585, Allowing disclosure of juvenile records
in certain cases.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 604, Establishing method for projecting
increase in net enrollment for each school district.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. House Bill No. 2510, Allowing public sector moneys to be
used to satisfy the matching requirements of the workforce
initiative in certain circumstances.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section four, line fourteen, after the word
"providers;" by inserting the word "and";
On page three, section four, lines thirty-two and thirty-
three, by striking out the words "such a" and inserting in lieu
thereof the word "the";
And,
On page five, section four, line sixty-two, after the word
"equipment;" by inserting the word "and".
The bill (Eng. H. B. No. 2510), as amended, was then ordered to third reading.
Eng. House Bill No. 2666, Continuation of the Department of
Health and Human Resources.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2667, Continuation of the West Virginia
Commission for the Deaf and Hard-of-Hearing.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2846, Continuation of the Real Estate
Appraiser Licensing and Certification Board.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2892, Continuation of the Bureau for Child
Support Enforcement.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2893, Continuation of the James "Tiger"
Morton Catastrophic Illness Commission.
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.
Senate Bill No. 253, Permitting Insurance Commissioner waive
or reduce penalty for late filing of tax returns.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 254, Relating to reinsurance intermediaries.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 456, Relating to cure offer from
merchant or seller to consumer.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, 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
Com. Sub. for Senate Bill No. 239, Creating Flood Protective
Planning Act.
And has amended same.
And,
Senate Bill No. 492, Relating to claims against state.
And has amended same.
And reports the same back with the recommendation that they
each 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. 353, Authorizing Division of Highways
promulgate legislative rule relating to traffic and safety.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 353 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, all
relating generally to the promulgation of administrative rules by
the various executive or administrative agencies and the procedures
relating thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the
agencies to promulgate certain legislative rules in the form that
the rules were filed in the State Register; authorizing certain of
the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-
Making Review Committee; authorizing certain of the agencies to
promulgate certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing Division of Highways to
promulgate a legislative rule relating to traffic and safety;
authorizing Division of Highways to promulgate a legislative rule
relating to use of state roads rights-of-way and adjacent areas;
authorizing Division of Highways to promulgate a legislative rule
relating to transportation of hazardous waste upon roads and
highways; authorizing Division of Motor Vehicles to promulgate a
legislative rule relating to administrative due process; and
authorizing Division of Motor Vehicles to promulgate a legislative
rule relating to examination and issuance of driver's licenses.
With the recommendation that the committee substitute 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. 406, Establishing Uniform Environmental
Covenants Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
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. 421, Relating to apportionment of damages in
court actions involving tortious conduct in certain cases.
And,
Senate Bill No. 616, Relating to priority of legislative
business for members and certain employees of Legislature.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 505, Creating Indigent Defense
Commission.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 565, Relating to inspections of individual
water supply systems and individual wastewater systems.
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,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 580, Prohibiting any body except Legislature
from regulating seed.
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 Government Organization.
Respectfully submitted,
Larry J. Edgell,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Government Organization.
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. 2333, Establishing a program to encourage
voluntary reclamation of lands adversely affected by mining
activities.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2005, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 153, Relating generally to ethical
standards of public officers and employees.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page one, after the enacting section, by inserting the
following:
ARTICLE 1. SHORT TITLE; LEGISLATIVE FINDINGS, PURPOSES AND INTENT;
CONSTRUCTION AND APPLICATION OF CHAPTER;
SEVERABILITY.
§6B-1-6. Deposit of funds.
All moneys collected pursuant to this chapter except fines
imposed pursuant to paragraph (D), subdivision (1), subsection (r),
section four, article two of this chapter shall be deposited in a
special account in the General Revenue Fund in the State Treasury
to be known as the West Virginia Governmental Ethics Commission
Fund. Expenditures from the fund shall be for the purposes set
forth in this chapter and are not authorized from collections but
are to be made only in accordance with appropriation by the
Legislature and in accordance with the provisions of article three,
chapter twelve of this code and upon the fulfillment of the
provisions set forth in article two, chapter five-a of this code:
Provided, That for the fiscal year ending the thirtieth day of
June, two thousand five, expenditures are authorized from
collections rather than pursuant to an appropriation by the
Legislature pursuant to the provisions of section two, article two,
chapter twelve of this code.;
On page fifteen, section four, line two hundred ninety, by
striking out the words "into the special revenue account created";
On page twenty-one, after section ten, by adding the
following:
ARTICLE 3. LOBBYISTS.
§6B-3-3a. Registration fees.
(a) Each lobbyist shall, at the time he or she registers, pay
the Commission a base registration fee of one hundred dollars, plus
one hundred dollars for each employer represented, to be filed with the initial registration statement and with each new registration
statement filed by the lobbyist in subsequent odd-numbered years.
Whenever a lobbyist modifies his or her registration to add
additional employers, an additional registration fee of one hundred
dollars for each additional employer represented shall be paid to
the Commission.
(b) All fees authorized and collected pursuant to this article
shall be paid to the Ethics Commission and thereafter deposited
into the special revenue account created pursuant to section six,
article one of this chapter.
§6B-3-3c. Lobbyist training course.
The Commission shall provide a training course for registered
lobbyists and prospective lobbyists at least twice each year
regarding the provisions of the ethics code relevant to lobbyists.
One such course shall be conducted during the month of January. In
addition to the registration fees authorized in section three-a of
this article, the Commission may collect a reasonable fee
established by legislative rule authorized pursuant to article
three, chapter twenty-nine-a of this code from those attending
lobbyist training, which is to be collected by the Ethics
Commission and deposited in the special revenue account created
pursuant to section six, article one of this chapter. To maintain
registration and engage in lobbying activities, a lobbyist must
complete one such training course per year.;
On page one, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as follows:
That §6B-1-6 of the Code of West Virginia, 1931, as amended,
as contained in chapter 1, Acts of the Legislature, first
extraordinary session, two thousand five, be amended and reenacted;
that §6B-2-4 and §6B-2-10 of said code, as contained in said acts,
be amended and reenacted; and that §6B-3-3a and §6B-3-3c of said
code, as contained in said acts, be amended and reenacted, all to
read as follows:;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 153--A Bill to amend and reenact §6B-1-6
of the Code of West Virginia, 1931, as amended, as contained in
chapter 1, Acts of the Legislature, first extraordinary session,
two thousand five; to amend and reenact §6B-2-4 and §6B-2-10 of
said code, as contained in said acts; and to amend and reenact §6B-
3-3a and §6B-3-3b of said code, as contained in said acts, all
relating generally to the administration of ethical standards of
public officers and employees; revising confidentiality
requirements for Ethics Commission members and staff, the Review
Board, complainants and informants; revising provisions prohibiting
willful disclosure of confidential information; prohibiting the
submission of false or misleading information to the Commission;
providing for the deposit of funds into the General Revenue Fund of
the state; establishing fees in legislative rules; and providing
for penalties.
On motion of Senator Kessler, the following amendment to the
House of Delegates amendments to the bill was reported by the Clerk
and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 153--A Bill to
amend and reenact §6B-1-6
of the Code of West Virginia, 1931, as amended, as contained in
chapter 1, Acts of the Legislature, first extraordinary session,
two thousand five; to amend and reenact §6B-2-4 and §6B-2-10 of
said code, as contained in said acts; and to amend and reenact §6B-
3-3a and §6B-3-3c of said code, as contained in said acts
, all
relating generally to the administration of ethical standards of
public officers and employees; revising confidentiality
requirements for Ethics Commission members and staff, the Review
Board, complainants and informants; revising provisions prohibiting
willful disclosure of confidential information; prohibiting the
submission of false or misleading information to the Commission;
providing for the deposit of funds into the general revenue fund of
the state; establishing fees in legislative rules; and providing
for penalties.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Senate Bill No. 153, as amended, was then 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 elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 153) passed with its Senate amended title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, 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, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 153) takes effect July 1, 2005.
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 amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 413, Relating generally to financially
related activities of state-chartered banking institutions.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, by striking out everything after the enacting
section and inserting in lieu thereof the provisions of Engrossed
House Bill No. 2814.;
And,
On pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 413--A Bill to amend and reenact §31A-3-2
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §31A-8C-1, §31A-8C-2, §31A-8C-3 and §31A-8C-5 of said code,
all relating generally to financially related activities of state-
chartered banking institutions; reorganizing the approval process
for engaging in financially related activities; clarifying the
definition of financially related activities; creating a notice and
approval process to engage in financially related activities;
requiring annual reporting to the Legislature; allowing banks to
make equity investments in entities providing financially related
activities on the same terms as national banks; and restating the
purpose and interpretation of the article.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 413, as amended by the House of
Delegates, was then 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 elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 413) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate again 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 Caruth, Sprouse, Unger and Guills:
Senate Bill No. 624--A Bill to amend and reenact §11-21-4e of
the Code of West Virginia, 1931, as amended, relating to providing
a reduction of the state personal income tax of members of
volunteer fire departments who meet certain qualified service
requirements.
Referred to the Committee on Finance.
By Senators McCabe and Jenkins:
Senate Bill No. 625--A Bill to amend and reenact §23-4-2 of
the Code of West Virginia, 1931, as amended, relating to clarifying
the criteria for an employee to sustain a lawsuit for intentional
injury.
Referred to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 626--A Bill to amend and reenact §11A-2-13 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §11A-3-2 and §11A-3-13 of said code, all relating to
delinquent property taxes; and increasing certain fees charged to
collect the taxes.
Referred to the Committee on Finance.
By Senators Bailey and Unger:
Senate Bill No. 627--A Bill to amend and reenact §60-3A-17 of
the Code of West Virginia, 1931, as amended, relating to the sale
of liquor generally; and increasing the percentage a liquor retail
licensee may charge the general public and licensed clubs to one
hundred twenty percent of cost.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Plymale, Jenkins, Foster, Chafin, Unger and
Kessler:
Senate Bill No. 628--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3 and §17-27-4, all relating
to establishing a State Trails Coordinator.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Sharpe and Helmick:
Senate Bill No. 629--A Bill to amend and reenact §11-21-30 of
the Code of West Virginia, 1931, as amended, relating to personal
income tax; and making a technical change in the computation of tax
for nonresidents and part-year residents.
Referred to the Committee on Finance.
By Senators Love, Facemyer, Unger, Hunter, Minard and Weeks:
Senate Bill No. 630--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2D-8, relating to providing a base salary and
retention salary increases for Division of Protective Services law-
enforcement officers based on years of service; and excluding the
Director and Deputy Director of the Division of Protective
Services.
Referred to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 631--A Bill to amend and reenact §21A-6-3 of
the Code of West Virginia, 1931, as amended, relating to providing
that an individual who provides notice of future voluntary
resignation, but is required to leave his or her employment prior
to the prospective resignation date, remains qualified for
unemployment benefits from the time the notice is given to the employer until the end of the notice period, or thirty days,
whichever period is shorter.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe and Minard:
Senate Bill No. 632--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-3-37b, relating to creating a preference in state
purchasing for vendors who certify that they provide health
insurance benefits to their employees; and authorizing the
Insurance Commissioner to promulgate rules setting forth the
criteria that must be met in order to obtain such certification.
Referred to the Committee on Finance.
By Senators Unger and Bowman:
Senate Bill No. 633--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5A-1B-1 and §5A-1B-2, all relating to the West Virginia
Managing for Results Act.
Referred to the Committee on Government Organization.
By Senators Unger, Jenkins, Foster and Minard:
Senate Bill No. 634--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-3-5a, relating to providing for immunization against
influenza, virus and pneumococcal disease for elderly persons;
defining certain terms and phrases; providing that certain
hospitalized persons are informed of the availability of vaccination against the influenza; providing time frames to be
vaccinated; providing it is the responsibility of the person
administering a vaccination to determine whether an eligible person
has already received a vaccination; and providing the Department of
Health and Human Resources provide informational materials to
hospitals and other facilities concerning vaccinations against
influenza and pneumococcal disease.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Plymale:
Senate Bill No. 635--A Bill to amend and reenact §18A-4-10 and
§18A-4-15 of the Code of West Virginia, 1931, as amended, all
relating to prohibiting school personnel from collecting both
temporary total disability benefits and personal leave with cause
benefits for the same time period; addressing the payment of
certain workers' compensation benefits to school personnel who
receive payments of salary less than year-round; allowing a school
service person awarded workers' compensation benefits to return to
work on a trial basis; and providing that the return to work on a
trial basis may include performance of other duties if certain
conditions are satisfied.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Unger, Jenkins, Dempsey and Minard:
Senate Bill No. 636--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5 and
§29-3D-6, all relating to establishing a grant program for
volunteer fire departments; providing for grant funding; defining
certain terms and phrases; creating the Volunteer Fire Department
Grant Program; providing for guidelines and procedures by
legislative rule; providing for awards and grants; providing
additional powers of State Fire Commission for administering the
Volunteer Fire Department Grant Program; creating the State Fire
Commission Volunteer Fire Department Project Fund to be maintained
in the State Treasury; providing collections are to be paid into
special fund; granting State Fire Commission authority to pledge
the collections as security for refunding revenue bonds; and
providing the Commission authority to finance projects on a cash
basis.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sprouse:
Senate Bill No. 637--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new chapter,
designated §55A-1-1, §55A-1-2, §55A-1-3 and §55A-2-1, all relating
to establishing an Injured Consumers Legal Bill of Rights; stating
legislative findings and declarations of purposes; defining terms
used in said chapter; restricting contact by attorneys and insurers
with potential claimants; authorizing claimants to elect fee
arrangement with attorneys; establishing right of claimants to
receive written statement of fees and estimated expenses; establishing a public policy-suggested maximum contingency fee
schedule; providing a right of cancellation of contingency fee
agreement; providing a contingency fee information fact sheet;
prohibiting disclosure of names of claimants receiving periodic
payments to persons interested in converting payments to a lump
sum; and providing criminal penalties for violations.
Referred to the Committee on the Judiciary.
By Senators Hunter, Weeks and Foster:
Senate Bill No. 638--A Bill to amend and reenact §3-8-7 of the
Code of West Virginia, 1931, as amended, relating to permitting the
Secretary of State or county clerk to publish the names of any
candidate, financial agent or treasurer of a political party
committee who fails to file a sworn, itemized financial statement
within the time limitations specified or anyone who willfully files
a grossly incomplete or grossly inaccurate financial statement; and
providing for a sixty-day period prior to notice be given for
failure to file or gross filing to the county prosecutor.
Referred to the Committee on the Judiciary.
By Senators Fanning, Harrison and Minard:
Senate Bill No. 639--A Bill to amend and reenact §39A-3-1,
§39A-3-2 and §39A-3-3 of the Code of West Virginia, 1931, as
amended, all relating to digital signatures generally; defining
certain terms; providing for use of an electronic postmark;
authorizing promulgation of an emergency rule; and authorizing use
of a federal certificate authority and repository program.
Referred to the Committee on the Judiciary.
By Senators Fanning, Weeks, Hunter and Minard:
Senate Bill No. 640--A Bill to amend and reenact §29-4-15 of
the Code of West Virginia, 1931, as amended, relating to
commissioner seals; and providing for the use of a stamped imprint
as an acceptable seal.
Referred to the Committee on the Judiciary.
By Senators Helmick, Plymale and Minard:
Senate Bill No. 641--A Bill to amend and reenact §11-4-3 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §11-6B-2 of said code, all relating to correcting
definitions applicable to the assessment of real property and to
homestead property tax exemption; and making amendments effective
for tax year two thousand five and thereafter.
Referred to the Committee on Finance.
By Senators Hunter and Weeks:
Senate Bill No. 642--A Bill to amend and reenact §3-4A-28 of
the Code of West Virginia, 1931, as amended, relating to clarifying
the procedures for the sealed period of post-election custody of
recording devices, ballot labels, ballot cards, program decks and
standard validation test decks.
Referred to the Committee on the Judiciary.
By Senators Helmick, Plymale and Minard:
Senate Bill No. 643--A Bill to amend and reenact §11-21-18 and
§11-21-30 of the Code of West Virginia, 1931, as amended, all
relating generally to personal income tax; providing that in
determining West Virginia taxable income of electing small business trusts, income attributable to S corporation stock held by the
trust shall be included; making a technical change in the
computation of tax for nonresident individuals, estates and trusts
and part-year resident individuals; and correcting an erroneous
cross-reference to a section of the code concerning part-year
residents.
Referred to the Committee on Finance.
By Senators Bowman and Helmick:
Senate Bill No. 644--A Bill to amend and reenact §11-15-2 of
the Code of West Virginia, 1931, as amended, relating to
definitions of certain terms used in consumers sales and service
tax; and clarifying the definitions of "tangible personal
property", "transmission" and "transportation" with respect to the
exemption for certain purchases by transmission or transportation
businesses.
Referred to the Committee on Finance.
By Senator Sprouse:
Senate Bill No. 645--A Bill to repeal §18-7A-38 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §18A-2-3
of said code, relating to the number of days a substitute teacher
may work; and eliminating language dealing with the expiration of
said section.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Unger and Minard:
Senate Bill No. 646--A Bill to amend and reenact §11-13-1 of the Code of West Virginia, 1931, as amended, relating to excluding
from the business and occupation tax the proceeds of assessments
made pursuant to the declarations or covenants of nonprofit
homeowners' associations, organized under the laws of this state,
which are received from homeowner association members for the
purpose of providing community services such as road maintenance,
water and sewerage service, security and the like.
Referred to the Committee on Finance.
By Senators Unger, Jenkins, Love and White:
Senate Bill No. 647--A Bill to amend and reenact §17B-2-6 of
the Code of West Virginia, 1931, as amended, relating to requiring
applicants for an instruction permit to operate a motor vehicle who
fail the written test two or more times to pay an additional fee of
five dollars for each additional testing procedure; and including
on the application an applicant's desire to be listed as an organ
donor on the license.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Foster, Love, Bowman, McCabe, Edgell, Prezioso,
Jenkins and Dempsey:
Senate Bill No. 648--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-24a; and to amend and reenact §61-7-4 of said
code, all relating to requiring the collection of fees by the State
Police for performing adult private employment fingerprinting or
fingerprinting for federal firearm permits; and increasing fees to be paid to the Superintendent of the State Police prior to issuance
of a concealed weapons permit.
Referred to the Committee on Finance.
By Senators Prezioso and Minear:
Senate Bill No. 649--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-4A-5a, relating to requiring dentists who administer
general anesthesia to pediatric patients to comply with certain
requirements regarding personnel, operating facilities, equipment,
monitoring procedures, recovery and discharge.
Referred to the Committee on Health and Human Resources.
By Senators Sharpe and Helmick:
Senate Bill No. 650--A Bill to amend and reenact §11-10A-11 of
the Code of West Virginia, 1931, as amended, relating to small
claims hearings by the Office of Tax Appeals; and requiring
concurrence of both the Tax Commissioner and the Office of Tax
Appeals for a dispute to be conducted in a small claims hearing.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Harrison, Unger and Minard:
Senate Bill No. 651--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-21a, relating to personal income tax; and
providing a fifty-dollar tax credit for each dependent child of the
taxpayer having an adjusted gross federal income tax of less than
one hundred thousand dollars.
Referred to the Committee on Finance.
By Senators Foster, Jenkins, Facemyer and McKenzie:
Senate Bill No. 652--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-6-7, relating to creating a Physicians Lien Act;
effect of lien; records of physician; priority of lien; and
exclusion of health insurance benefits.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Foster and Dempsey:
Senate Bill No. 653--A Bill to amend and reenact §51-2A-6 of
the Code of West Virginia, 1931, as amended, relating to setting
the compensation of secretary-clerks to family court judges.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Minard:
Senate Bill No. 654--A Bill to amend and reenact §17C-4-9 of
the Code of West Virginia, 1931, as amended, relating to accident
report forms; and providing that a completed accident report form
is conclusive upon the issue as to causation unless a court of
competent jurisdiction rules otherwise after review.
Referred to the Committee on the Judiciary.
By Senators Sharpe, Edgell, Helmick, Plymale, Jenkins, Unger,
Dempsey, Fanning and Minard:
Senate Bill No. 655--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9i, relating to providing that the exemption from
consumers sales and service tax for drugs, durable medical goods,
mobility-enhancing equipment, prosthetic devices and insulin does
not apply to purchases by health care providers for use in
providing professional or personal services.
Referred to the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 656--A Bill to amend and reenact §38-3-18 of
the Code of West Virginia, 1931, as amended, relating to
enforcement of judgments; and providing that action by the Bureau
for Child Support Enforcement to collect a judgment is an
execution.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Sharpe and Helmick:
Senate Bill No. 657--A Bill to amend and reenact §11-10A-9 of
the Code of West Virginia, 1931, as amended, relating to the Office
of Tax Appeals; and providing for certain exceptions to the sixty-
day time limit for filing a petition to appeal a decision of the
Tax Commissioner.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Chafin:
Senate Bill No. 658--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-5B-8a, relating to nonprofit hospital participation in commercial retail property development unrelated to health care;
providing definition of "small nonprofit hospitals"; and protecting
small nonprofit hospitals from potential losses related to
commercial retail developments.
Referred to the Committee on Health and Human Resources.
By Senator Minard:
Senate Bill No. 659--A Bill to amend and reenact §32A-2-1 of
the Code of West Virginia, 1931, as amended, relating to the
definition of "money transmission".
Referred to the Committee on Banking and Insurance.
By Senators Unger, Dempsey and Plymale:
Senate Bill No. 660--A Bill to repeal §46-1-109, §46-1-207 and
§46-1-208 of the Code of West Virginia, 1931, as amended; to repeal
§46-2-208 of said code; to repeal §46-2A-207 of said code; to amend
and reenact §46-1-101, §46-1-102, §46-1-103, §46-1-104, §46-1-105,
§46-1-106, §46-1-107, §46-1-108, §46-1-201, §46-1-202, §46-1-203,
§46-1-204, §46-1-205 and §46-1-206 of said code; to amend said code
by adding thereto ten new sections, designated §46-1-301,
§46-1-302, §46-1-303, §46-1-304, §46-1-305, §46-1-306, §46-1-307,
§46-1-308, §46-1-309 and §46-1-310; to amend and reenact §46-2-103
and §46-2-202 of said code; to amend and reenact §46-2A-103, §46-
2A-501, §46-2A-518, §46-2A-519, §46-2A-527 and §46-2A-528 of said
code; to amend and reenact §46-3-103 of said code; to amend and
reenact §46-4-104 of said code; to amend and reenact §46-4A-105,
§46-4A-106 and §46-4A-204 of said code; to amend and reenact §46-5-
103 of said code; to amend and reenact §46-8-102 of said code; and to amend and reenact §46-9-102 of said code, all relating to
revising the Uniform Commercial Code; and conforming amendments to
other articles.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 661--A Bill to amend and reenact §49-5-13a and
§49-5-20 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §49-5D-3 of said code, all relating to juvenile
proceedings and multidisciplinary teams; requiring the Division of
Juvenile Services to establish a multidisciplinary team treatment
planning process for certain juveniles in its custody; requiring
multidisciplinary team to be convened and directed by the Division
of Juvenile Services for juveniles committed to its custody by the
court for examination and diagnosis; specifying members of the
multidisciplinary team; and requiring multidisciplinary team to be
convened for juveniles prior to discharge from a juvenile
correctional facility.
Referred to the Committee on the Judiciary.
By Senators Hunter, Weeks and Foster:
Senate Bill No. 662--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §3-8-5g, relating to maintaining campaign financial
records; setting forth timelines for maintaining records; and
related penalties.
Referred to the Committee on the Judiciary.
By Senators Hunter and Weeks:
Senate Bill No. 663--A Bill to amend and reenact §3-9-6 of the
Code of West Virginia, 1931, as amended, relating to the Secretary
of State appointing trained volunteer observers of differing party
and nonparty political affiliations to observe in the various
county courthouse election activities beginning on election day and
until all votes are counted and unofficial returns are posted.
Referred to the Committee on the Judiciary.
By Senators Hunter and Weeks:
Senate Bill No. 664--A Bill to amend and reenact §3-5-23 of
the Code of West Virginia, 1931, as amended, relating generally to
nominating petitions; removing those sections found
unconstitutional by the federal court; and providing that the
county clerk shall assist the Secretary of State in determining the
validity of nominating petitions.
Referred to the Committee on the Judiciary.
By Senators Bailey, Fanning, Love, Hunter, McCabe and Weeks:
Senate Bill No. 665--A Bill to amend and reenact §22-3-11 of
the Code of West Virginia, 1931, as amended, relating to the
special reclamation tax.
Referred to the Committee on Finance.
By Senators Sharpe and Helmick:
Senate Bill No. 666--A Bill to amend and reenact §11-23-7 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §11-24-5 of said code, all relating to exemptions for
certain insurance companies from business franchise tax and corporation net income tax; and limiting the exemptions to that
portion of the tax base which is based on income subject to a tax
upon premiums.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Helmick and Plymale:
Senate Bill No. 667--A Bill to amend and reenact §11-14C-9 and
§11-14C-31 of the Code of West Virginia, 1931, as amended, all
relating generally to motor fuel excise tax; clarifying exemption
for motor fuel sold to United States, its agencies and
instrumentalities; providing procedure for sellers of tax-paid fuel
to the United States, its agencies and instrumentalities to obtain
refund of tax on such fuel; changing time for filing certain claims
for refund; and making technical corrections.
Referred to the Committee on Finance.
By Senators Bowman and Helmick:
Senate Bill No. 668--A Bill to amend and reenact §11-23-3 of
the Code of West Virginia, 1931, as amended, relating generally to
business franchise tax; and amending the definition of "capital" to
include loans from stockholders.
Referred to the Committee on Finance.
By Senators Hunter, Oliverio, Foster and Jenkins:
Senate Bill No. 669--A Bill to amend and reenact §3-1-19, §3-
1-20, §3-1-21, §3-1-21a, §3-1-24 and §3-1-25 of the Code of West
Virginia, 1931, as amended; to amend and reenact §3-3-2 and §3-3-11
of said code; to amend and reenact §3-4-10, §3-4-12 and §3-4-12a of said code; to amend and reenact §3-4A-12, §3-4A-13 and §3-4A-13a of
said code; to amend and reenact §3-5-7, §3-5-8, §3-5-8a, §3-5-9,
§3-5-11, §3-5-12, §3-5-13a, §3-5-18, §3-5-19, §3-5-23 and §3-5-24
of said code; to amend and reenact §3-6-4 and §3-6-4a of said code;
and to amend and reenact §3-10-6 of said code, all relating to
transferring certain election duties from the circuit clerk to the
clerk of the county commission.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Kessler, Edgell, Helmick, Boley, Bowman, Barnes
and Facemyer:
Senate Bill No. 670--A Bill to amend and reenact §19-21A-3,
§19-21A-4 §19-21A-5, §19-21A-6 and §19-21A-7 of the Code of West
Virginia, 1931, as amended, all relating to electing supervisors
for conservation districts; defining certain terms; authorizing
emergency rulemaking; providing that registered voters in the
district may vote for supervisors and in referendum; requiring
candidate for supervisor file statement; and providing that
candidate may not be on ballot or take office if qualifications not
met.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 671--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new chapter,
designated §5H-1-1, §5H-1-2 and §5H-1-3, all relating to providing
a death benefit to the families of firefighters, ambulance service or rescue squad members, law-enforcement officers or National Guard
members who are killed in the performance of their duties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Edgell and Plymale:
Senate Bill No. 672--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-9A-15a, relating to allocations to counties with low
enrollment for capacity building; and providing a process for
allocations to school districts with low enrollment.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Barnes:
Senate Bill No. 673--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-5U-1, §16-5U-2, §16-5U-3, §16-5U-4, §16-5U-5, §16-
5U-6 and §16-5U-7, all relating to establishing the Health Care
Rights of Conscience Act.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Plymale:
Senate Bill No. 674--A Bill to amend and reenact §18B-10-14 of
the Code of West Virginia, 1931, as amended, relating to textbook
sales at public institutions of higher education; and prohibiting
inducements to purchase certain textbooks.
Referred to the Committee on Education.
By Senators Hunter, Plymale, Oliverio, Dempsey, Minard and
Unger:
Senate Bill No. 675--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-5-9c, relating to allowing a county board of
education to enter into a lease-purchase agreement for land,
buildings and equipment; and allowing a county board entering into
a lease-purchase agreement to borrow funds from the Department of
Education and the School Building Authority to make a one-time
payment due at the beginning of the lease term for the purpose of
reducing the annual lease payments.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Unger:
Senate Bill No. 676--A Bill to amend and reenact §17G-1-2 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §17G-2-3 of said code, all relating to racial profiling;
and setting forth types of racial profiling information to be
collected during law-enforcement traffic stops.
Referred to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 677--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-2K-1, §18-2K-2, §18-2K-3, §18-2K-4 and §18-2K-5, all
relating to requiring the State Board of Education to adopt and
disseminate guidelines for the development and implementation of individual diabetes care plans; and requiring local boards of
education to implement these guidelines.
Referred to the Committee on Health and Human Resources.
By Senators Love and Plymale:
Senate Bill No. 678--A Bill to amend and reenact §19-23-13 of
the Code of West Virginia, 1931, as amended, relating generally to
the disposition of funds from West Virginia Racing Commission
Special Account - Unredeemed Pari-Mutuel Tickets.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator White:
Senate Bill No. 679--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-23-2, relating to requiring acquired
immunodeficiency syndrome test for donors of certain corneas,
semen, bones, organs or other human tissue for the purpose of
injecting, transfusing or transplanting any of them in the human
body; prohibiting the intentional, knowing, reckless or negligent
use of the corneas, semen, bones, organs or other human tissue of
a donor unless the test is performed; prohibiting the use of such
material if the donor has tested positive for exposure to human
immunodeficiency virus; allowing a solid organ transplant of an
organ from a human immunodeficiency virus infected donor to a
person who has tested positive for exposure to human
immunodeficiency virus and who is in immediate threat of death
unless the transplant is performed; providing definitions; and providing criminal penalties.
Referred to the Committee on Health and Human Resources.
By Senators Oliverio and Minard:
Senate Bill No. 680--A Bill to amend and reenact §38-2-9 of
the Code of West Virginia, 1931, as amended, relating to changing
the filing time for a subcontractor's lien from seventy-five days
to one hundred days to be consistent with the filing time for a
mechanic's lien.
Referred to the Committee on the Judiciary.
By Senators Love, Oliverio, Unger, Hunter and Minard:
Senate Bill No. 681--A Bill to amend and reenact §17C-16-8 of
the Code of West Virginia, 1931, as amended, relating to creating
a felony offense for making, issuing or using counterfeit auto
inspection stickers; and providing a penalty for such violation.
Referred to the Committee on the Judiciary.
By Senators Kessler, White, Jenkins, Dempsey, Hunter, Minard
and Oliverio:
Senate Bill No. 682--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-52, relating to establishing a leave donation
program for the State Trooper's Association.
Referred to the Committee on Finance.
By Senators Unger and Dempsey:
Senate Bill No. 683--A Bill to amend and reenact §46-1-201 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§46-2-103, §46-2-104, §46-2-310, §46-2-323, §46-2-401, §46-2-503, §46-2-505, §46-2-506, §46-2-509, §46-2-605 and §46-2-705 of said
code; to amend and reenact §46-2A-103, §46-2A-514 and §46-2A-526 of
said code; to amend and reenact §46-4-104 and §46-4-210 of said
code; to amend and reenact §46-7-101, §46-7-102, §46-7-103, §46-7-
104, §46-7-105, §46-7-201, §46-7-202, §46-7-203, §46-7-204, §46-7-
205, §46-7-206, §46-7-207, §46-7-208, §46-7-209, §46-7-210, §46-7-
301, §46-7-302, §46-7-303, §46-7-304, §46-7-305, §46-7-306, §46-7-
307, §46-7-308, §46-7-309, §46-7-401, §46-7-402, §46-7-403,
§46-7-404, §46-7-501, §46-7-502, §46-7-503, §46-7-504, §46-7-505,
§46-7-506, §46-7-507, §46-7-508, §46-7-509, §46-7-601, §46-7-602
and §46-7-603 of said code; to amend said code by adding thereto
seven new sections, designated §46-7-106, §46-7-306, §46-7-307,
§46-7-308, §46-7-309, §46-7-701 and §46-7-702; to amend and reenact
§46-8-103 of said code; and to amend and reenact §46-9-102, §46-9-
203, §46-9-207, §46-9-208, §46-9-301, §46-9-310, §46-9-312, §46-9-
313, §46-9-314, §46-9-317, §46-9-338 and §46-9-601 of said code,
all relating to the Uniform Commercial Code documents of title.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senators Bailey, Bowman, Unger and Boley:
Senate Bill No. 684--A Bill to amend and reenact §11-13A-3a
and §11-13A-3d of the Code of West Virginia, 1931, as amended, all
relating to the reduction from five percent to three percent in the
severance tax imposed on natural gas produced from wells placed in
service on or after the first day of December, two thousand five;
eliminating the five-year severance tax exemption for coalbed methane produced from wells placed in service on or after the first
day of December, two thousand five; and reducing from five percent
to three percent the severance tax on gas produced from coalbed
methane wells drilled on or after the first day of December, two
thousand five.
Referred to the Committee on Finance.
By Senators Minard, Unger, Kessler and Love:
Senate Bill No. 685--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §33-20G-1, §33-20G-2, §33-20G-3 and §33-20G-4, all
relating to prohibiting medical professional liability insurers
doing business in West Virginia from issuing or enforcing
underwriting guidelines which purport to place restrictions or
limitations upon insureds in this state greater than any
restrictions or limitations set forth in this code or related
administrative rules.
Referred to the Committee on Banking and Insurance.
By Senators Prezioso, Jenkins, Unger, Foster, Hunter and
Minard:
Senate Bill No. 686--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-5R-6, relating to establishing an Alzheimer's
Disease Registry within West Virginia University to act as a
central information database for policy and planning relative to
Alzheimer's disease.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 687--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §15-5B-1, §15-5B-2, §15-5B-3, §15-5B-4, §15-5B-5, §15-
5B-6, §15-5B-7, §15-5B-8, §15-5B-9, §15-5B-10, §15-5B-11, §15-5B-
12, §15-5B-13, §15-5B-14, 15-5B-15, §15-5B-16 and §15-5B-17, all
relating to providing for a statewide emergency telephone number
system; providing for contributions from telephone subscribers;
providing a penalty; defining certain terms; local government
immunity; powers and duties of the West Virginia Emergency
Management Agency; establishing a statewide integrated wireless
E-911 state plan; establishing a wireless E-Emergency Services Fund
and disbursements therefrom; providing for collection of an E-911
surcharge from wireless customers and for annual reporting;
establishing a wireless E-911 Emergency Services Advisory
Committee; and providing for rules.
Referred to the Committee on Finance.
By Senators Unger, McCabe and Hunter:
Senate Bill No. 688--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5, §11-
28-6, §11-28-7, §11-28-8, §11-28-9, §11-28-10, §11-28-11, §11-28-
12, §11-28-13, §11-28-14, §11-28-15, §11-28-16, §11-28-17, §11-28-
18, §11-28-19, §11-28-20, §11-28-21, §11-28-22, §11-28-23,
§11-28-24, §11-28-25, §11-28-26, §11-28-27, §11-28-28 and §11-28-29, all relating to establishing the First Class Cities Economic
Development District Act; and providing tax credits to businesses
which invest in renovating deteriorated property in cities.
Referred to the Committee on Economic Development.
By Senator Unger:
Senate Bill No. 689--A Bill to amend and reenact §11-15-9h of
the Code of West Virginia, 1931, as amended, relating to providing
an exemption for sales of high-technology business services by
high-technology businesses; and removing the limitation on the
application of the exemption to sales of such services directly
used in the fulfillment of government contracts.
Referred to the Committee on Finance.
By Senators Chafin and Yoder:
Senate Bill No. 690--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §30-2A-1, §30-2A-2, §30-2A-3, §30-2A-4 and §30-2A-5, all
relating to regulating advertising by attorneys.
Referred to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 691--A Bill to amend and reenact §55-3B-3 of
the Code of West Virginia, 1931, as amended, relating to
termination of tenancy of a factory-built home.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 692--A Bill to amend and reenact §8-5-7 of the
Code of West Virginia, 1931, as amended, relating to removing an unconstitutional provision providing that a mayor, a recorder and
councilmen were required for the year preceding their election to
have been assessed with and paid real or personal property taxes to
the municipality; and related exceptions.
Referred to the Committee on the Judiciary.
By Senators Unger and Minard:
Senate Bill No. 693--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-2J-1, §16-2J-2 and §16-2J-3, all relating to
directing the Department of Health and Human Resources and the
State Board of Pharmacy to implement a pilot program through which
unused prescription drugs, other than opiates, can be transferred
from nursing home facilities to pharmacies owned by local health
departments or county pharmacies for the purpose of distributing
medication to indigent people.
Referred to the Committee on Health and Human Resources.
By Senators Unger and Edgell:
Senate Bill No. 694--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a article, designated
§21-5G-1 and §21-5G-2, all relating to prohibiting dismissing
certain emergency workers under certain conditions.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Unger, Minard, Hunter and Weeks:
Senate Bill No. 695--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §16-42-1, §16-42-2, §16-42-3 and §16-42-4, all relating
to establishing death review teams for elder abuse deaths and
domestic abuse deaths.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 696--A Bill to amend and reenact §48-10-502 of
the Code of West Virginia, 1931, as amended, relating to
grandparent visitation generally.
Referred to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 697--A Bill to amend and reenact §61-7-6 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §61-7-6a, all relating
to deleting the provision allowing nonresidents licensed to carry
handguns in another state to carry their concealed handguns in this
state if their state has a reciprocal agreement with this state;
providing that such nonresidents may carry their guns if the other
state grants the same right to residents of West Virginia; and
requiring the Attorney General to verify which states confer the
same rights.
Referred to the Committee on the Judiciary.
By Senators Caruth and Minard:
Senate Bill No. 698--A Bill to amend and reenact §61-3-24 of
the Code of West Virginia, 1931, as amended, relating to providing
an enhanced criminal penalty for obtaining money, property and services by false pretenses from persons sixty-five years of age
and older.
Referred to the Committee on the Judiciary.
By Senators Caruth and Minard:
Senate Bill No. 699--A Bill to amend and reenact §31D-7-705 of
the Code of West Virginia, 1931, as amended, relating to deleting
the provision which allows shareholders to participate in corporate
meetings by means of communication in which all shareholders may
simultaneously hear each other.
Referred to the Committee on the Judiciary.
By Senators McCabe, Bailey and Minard:
Senate Bill No. 700--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-1B-1, §5B-1B-2, §5B-1B-3, §5B-1B-4, §5B-1B-5, §5B-
1B-6, §5B-1B-7, §5B-1B-8 and §5B-1B-9, all relating to the creation
of a Community Infrastructure Investment Program within the
Department of Commerce; legislative findings; definitions; granting
rule-making authority; authority to promulgate emergency rules;
establishing process for issuance of certificate of
appropriateness; providing for community infrastructure investment
agreements; setting minimum terms; authority of Division of Health
and Department of Environmental Protection not affected; requiring
report to Joint Committee on Government and Finance; providing for
administrative fees; establishing exemption from authority of
Public Service Commission; and setting time limits for approval.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senator Plymale:
Senate Bill No. 701--A Bill to amend §18-2E-5 of the Code of
West Virginia, 1931, as amended, relating to the process for
improving education; eliminating requirement that statewide
assessment occur at specific grade levels; limiting the use of any
assessment of grades kindergarten through second grade; eliminating
obsolete language requiring a study; and requiring an Algebra I
end-of-course exam.
Referred to the Committee on Education.
By Senator Weeks:
Senate Bill No. 702--A Bill to amend and reenact §22C-4-23 of
the Code of West Virginia, 1931, as amended, relating to
prohibiting solid waste authorities from duplicating or competing
with private recycling businesses.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Fanning, Weeks and Minard:
Senate Bill No. 703--A Bill to amend and reenact §31B-2-203 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§31B-10-1002 of said code; to amend and reenact §31D-1-120 and
§31D-1-150 of said code; to amend and reenact §31D-2-202 of said
code; to amend and reenact §31D-5-503 of said code; to amend and
reenact §31D-15-1509; to amend said code by adding thereto a new
section, designated §31D-15-1521; to amend and reenact §31E-1-120
and §31E-1-150 of said code; to amend and reenact §31E-2-202 of said code; to amend and reenact §31E-5-503 of said code; to amend
and reenact §31E-14-1409 of said code; to amend said code by adding
thereto a new section, designated §31E-14-1421; to amend and
reenact §47-9-1, §47-9-8, §47-9-49 and §47-9-53 of said code; to
amend and reenact §47B-3-3 of said code; and to amend and reenact
§47B-10-1 and §47B-10-4 of said code, all relating to updating
language in the Uniform Liability Act; West Virginia Business
Corporation Act; West Virginia Nonprofit Corporation Act; Uniform
Limited Partnership Act; limited liability partnerships; and
authority to revoke withdrawal under the West Virginia Business
Corporation Act and the West Virginia Nonprofit Corporation Act.
Referred to the Committee on the Judiciary.
By Senators Love and Minard:
Senate Bill No. 704--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to issuance
of a special registration plate for nonprofit organizations that
provide essential human needs services pursuant to state and
federal programs; and exempting the annual fee for the special
license plate.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Edgell and Helmick:
Senate Bill No. 705--A Bill to amend and reenact §8-13C-4, §8-
13C-5 and §8-13C-6 of the Code of West Virginia, 1931, as amended,
all relating to Municipal Sales and Service Tax and Municipal Use
Tax; delaying the effective date of these taxes; establishing a special revenue account in the State Treasury; and making clerical
and technical changes and corrections.
Referred to the Committee on Finance.
By Senators McCabe and Foster:
Senate Bill No. 706--A Bill to amend and reenact §23-4-2 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto three new sections, designated §55-7-23, §55-7-24
and §55-7-25; and to amend said code by adding thereto a new
article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-
5, §55-7E-6, §55-7E-7, §55-7E-8, §55-7E-9 and §55-7E-10, all
relating to defining "deliberate intention"; prohibiting an
employee from recovering for an injury that was self-inflicted;
establishing the Asbestos and Silica Compensation Fairness Act of
2005; 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; and then to the
Committee on Finance.
By Senator Unger:
Senate Bill No. 707--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §19-32-1, §19-32-2, §19-32-3, §19-32-4, §19-32-5, §19-
32-6, §19-32-7, §19-32-8, §19-32-9, §19-32-10, §19-32-11 and §19-
32-12, all relating to the 2020 Rural West Virginia Agricultural
and Resource-Based Industry Development Act generally.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senators Sprouse, Minard and Oliverio:
Senate Bill No. 708--A Bill to amend and reenact §61-3-12 of
the Code of West Virginia, 1931, as amended, relating to providing
a crime of breaking and entering a pharmacy; and providing felony
penalties for violations.
Referred to the Committee on the Judiciary.
By Senators Kessler, Hunter, Minard, Chafin, Bowman, Edgell,
Dempsey, White, Bailey, Barnes, Unger, Fanning, Plymale, Foster,
Sharpe, Love and Jenkins:
Senate Bill No. 709--A Bill to amend and reenact §33-2-15b and
§33-2-19 of the Code of West Virginia, 1931, as amended, all
relating to authorizing certain information to be provided to the
Legislature by the Insurance Commissioner.
Referred to the Committee on Banking and Insurance.
By Senators Love, Hunter, Minard, White and Facemyer:
Senate Bill No. 710--A Bill to amend and reenact §5B-2-12 of
the Code of West Virginia, 1931, as amended, relating to providing
for a small grants program for the Tourism Promotion Fund; and
providing flexibility for direct advertising projects costing under
ten thousand dollars.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Hunter and Weeks:
Senate Bill No. 711--A Bill to amend and reenact §3-2-31 of
the Code of West Virginia, 1931, as amended, relating to clarifying
the deadline for voter registration in order to vote in a party
primary.
Referred to the Committee on the Judiciary.
By Senators Bowman, Edgell, Love, Facemyer, Guills, Plymale,
Jenkins, Hunter and Sharpe:
Senate Bill No. 712--A Bill to amend and reenact §17C-5-2 of
the Code of West Virginia, 1931, as amended, relating to
eliminating the mandatory 24-hour actual jail confinement for the
misdemeanor first offense of driving under the influence; and
providing for twenty-four hours of combined treatment and community
service.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Sprouse:
Senate Bill No. 713--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
interest income on United States savings bonds from state personal
income tax for persons sixty-five years old or older.
Referred to the Committee on Finance.
By Senators Minard and Fanning:
Senate Bill No. 714--A Bill to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to damages
under the Wage Payment and Collection Act.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senator Sprouse:
Senate Bill No. 715--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §60A-4-412, relating to establishing an amnesty day for
voluntary admission of manufacture of methamphetamine.
Referred to the Committee on the Judiciary.
By Senators Chafin, Bailey, Plymale, Yoder, Jenkins and
Helmick:
Senate Bill No. 716--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31-20-10a; to amend and reenact §50-3-4a of said code;
and to amend and reenact §59-1-28a of said code, all relating to
creating the Regional Jail Operations Partial Reimbursement Fund;
and increasing court costs for criminal and civil proceedings.
Referred to the Committee on Finance.
By Senators Edgell, Jenkins, Boley, Harrison and Kessler:
Senate Bill No. 717--A Bill to amend and reenact §5-10-18 of
the Code of West Virginia, 1931, as amended, relating to permitting
Wetzel County Hospital to provide an alternate retirement plan for
new employees in lieu of participation in Public Employees
Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Yoder, Barnes and Unger:
Senate Bill No. 718--A Bill to amend and reenact §51-2-1 of
the Code of West Virginia, 1931, as amended, relating to adding one
circuit court judge to the twenty-third judicial circuit.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Unger:
Senate Bill No. 719--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18C-2-8a, relating to creating the Student Loan
Forgiveness Program; and forgiving student loans, in whole or in
part, for certain residents who graduate from institutions of
higher education and who apply their degrees in agriculture to
family farms, the practice of veterinary medicine or teaching an
agriculture curriculum within this state.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Plymale and Edgell:
Senate Bill No. 720--A Bill to repeal §18-2-13 of the Code of
West Virginia, 1931, as amended; to amend and reenact §18-2-7a of
said code; to amend and reenact §18-8A-1 of said code; and to amend
and reenact §18A-3-1a and §18A-3-3a, all relating to public
education; repealing the required integration of character
education into all aspects of school culture, school functions and
existing curriculum; the State Board Physical Fitness Program; expanding the definition of a homeless child as the term applies to
the right to attend school; alternative teacher certificates;
alternative teacher education programs; authorizing the State Board
to adopt rules for the approval and operation of teacher education
programs which are an alternative to the regular college or
university programs for the education of special education
teachers; and disbursements for tuition reimbursements for courses
completed toward certification renewal and for courses completed
toward an additional endorsement in an area of critical need and
shortage.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Harrison (By Request):
Senate Bill No. 721--A Bill to amend and reenact §11A-3-18 of
the Code of West Virginia, 1931, as amended, relating to reducing
the redemption time for property sold for taxes.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 722--A Bill to amend of the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §31-2C-1, §31-2C-2, §31-2C-3, §31-2C-4 and §31-2C-5, all
relating to establishing the State Railroad Infrastructure Bank.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator McCabe:
Senate Bill No. 723--A Bill to amend and reenact §8-19-4 of the Code of West Virginia, 1931, as amended; to amend and reenact
§22B-2-3 of said code; and to amend and reenact §24-2-11a and §24-
2-11c of said code, all relating to establishing time frames for
certain decisions by the circuit court and Supreme Court of Appeals
regarding judicial review of air quality board orders and actions
regarding the purchase, acquisition, establishment of or
construction of waterworks or electric power systems; requiring
that rules regarding siting certificates be subject to legislative
approval; and exempting the construction of transmission lines from
exempt wholesale generators from the requirements of sections
eleven and eleven-a, article two, chapter twenty-four of said code.
Referred to the Committee on the Judiciary.
By Senators Bailey, Plymale, Jenkins and Helmick:
Senate Bill No. 724--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13V-1, §11-13V-2, §11-13V-3, §11-13V-4, §11-13V-5,
§1-13V-6, §11-13V-7, §11-13V-8 and §11-13V-9, all relating to
establishing a railroad track maintenance tax credit for the
expenditure by railroads of maintaining and repairing railroad
tracks in West Virginia.
Referred to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 725--A Bill to amend and reenact §29-21-16 of
the Code of West Virginia, 1931, as amended, relating to requiring
circuit judges to require repayment of the costs of representation
provided by the public defender system under certain circumstances.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Bowman:
Senate Bill No. 726--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-21-22, relating to requiring the Supreme Court of
Appeals to establish uniform procedures and criteria to be used by
circuit judges in determining the circumstances under which the
judges order repayment of the costs of representation provided
under the Public Defender System.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Bowman:
Senate Bill No. 727--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-21-16a, relating to imposing an administrative fee
on persons receiving court-appointed counsel; and requiring circuit
clerk to make reports concerning the fees.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Bowman:
Senate Bill No. 728--A Bill to amend and reenact §5A-3-45 of
the Code of West Virginia, 1931, as amended, relating to the
disposition of state surplus property; allowing cannibalization of
commodities under certain circumstances; and allowing the disposing
of commodities as waste under certain circumstances.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Facemyer, Bowman, Edgell, Love, Guills, Jenkins,
Plymale, Foster, Sharpe, Minear and Chafin:
Senate Bill No. 729--A Bill to amend and reenact §62-11B-4 of
the Code of West Virginia, 1931, as amended, relating to
authorizing magistrate courts to order home incarceration.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bowman and McCabe:
Senate Bill No. 730--A Bill to amend and reenact §11-13Q-2 and
§11-13Q-3 of the Code of West Virginia, 1931, as amended, all
relating to the economic opportunity tax credit; finding that
creating jobs with health care benefits promotes the public
interest and the general welfare; and requiring that eligible
taxpayers provide certain health care benefits to their employees
in this state.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Sprouse and Weeks:
Senate Joint Resolution No. 14--Proposing an amendment to the
Constitution of the State of West Virginia, relating to authorizing
the Legislature to issue and sell state bonds not exceeding the
aggregate amount of two hundred fifty million dollars to be used
for financing flood mitigation projects in the state; 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.
Petitions
Senators Tomblin (Mr. President) and Dempsey presented a
petition from Curtis Hager and numerous West Virginia residents,
requesting the Legislature prohibit prerecorded campaign messages.
Referred to the Committee on the Judiciary.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
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. 424, Relating to conservation and preservation
easements.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, the bill (S. B. No. 424) contained in the preceding report
from the Committee on Natural Resources was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Fanning, the bill was then referred to the Committee on the Judiciary.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Oliverio.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, March 22, 2005, at 11 a.m.
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