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

Charleston, W. Va., Wednesday, March 23, 2005

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Dan Meadows, Goshen Baptist Church, Morgantown, West Virginia.
Pending the reading of the Journal of Tuesday, March 22, 2005,
On motion of Senator Chafin, 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 Senate amendment to the House of Delegates amendments to, and the passage as amended, to take effect July 1, 2005, of
Eng. Senate Bill No. 153, Relating generally to ethical standards of public officers and employees.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 476, Allowing use of red-colored artificial light when hunting coyotes.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2229--A Bill to amend and reenact §48-27-403 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5-7 and §49-5-8 of said code, all relating to custody of juveniles who are respondents in an emergency protective order by law-enforcement officials.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced that that body had refused to recede from its amendments to the Senate amendments, and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 2592, Relating to the design-build procurement act.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Beane, Ennis and Walters.
On motion of Senator Chafin, the Senate agreed to the appointment of a conference committee on the bill.
Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
Senators Bailey, Minard and Boley.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2619--A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended, relating to authorized expenditures from municipal pensions and protection funds and fire protection funds; and providing that moneys from revenues allocated to volunteer and part-volunteer fire companies and departments may be expended for the payment of dues to national, state and county associations.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2626--A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to providing that active military personnel stationed in this state need not obtain a hunting, fishing or trapping permit.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2775--A Bill to amend and reenact §48-1-302 of the Code of West Virginia, 1931, as amended; and to amend and reenact §56-6-31 of said code, all relating to the rate of interest allowed for prejudgment and post-judgment interest.
Referred to the Committee on the Judiciary.
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. 12--Honoring the contributions of the Civilian Conservation Corps in West Virginia and designating March 31 each year as CCC Recognition Day.
Whereas, On March 31, 1933, President Franklin Roosevelt signed into law the authorization to form a Civilian Conservation Corps (CCC) to help alleviate the horrific unemployment problems of the Great Depression, and this year marks the 72nd anniversary of the CCC; and
Whereas, There were 67 CCC camps located in the State of West Virginia and an estimated 55,000 men served in the West Virginia CCC camps; and
Whereas, The men of the CCC provided vital resource conservation and fire prevention in our forests, planted millions of trees, built hundreds of miles of roads and dozens of bridges, built flood control mechanisms and water conservation ponds and built many of our state parks, lodges, swimming pools and other recreational areas; and
Whereas, Many of the men learned job skills in the CCC that enabled them to be effective components of the workforce upon completion of their CCC service, and many of the CCC men went on to further distinguish themselves as brave soldiers during World War II; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby honors and acknowledges the contributions of the Civilian Conservation Corps to the State of West Virginia--much of which exists still today for the welfare and benefit of the citizens of this state; and, be it
Further Resolved, That the Legislature hereby designates March 31 of each year as CCC Recognition Day; and, be it
Further Resolved, That the Clerk of the House of Delegates is directed to forward a copy of this resolution to the West Virginia CCC Museum.
Referred to the Committee on Rules.
The Senate proceeded to the fourth order of business.
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. 442, Relating generally to authorizing table games at licensed horse and dog racetracks.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 442 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §29-22-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §29-22C-1, §29- 22C-2, §29-22C-3, §29-22C-4, §29-22C-5, §29-22C-6, §29-22C-7, §29-22C-8, §29-22C-9, §29-22C-10, §29-22C-11, §29-22C-12, §29-22C- 13, §29-22C-14, §29-22C-15, §29-22C-16, §29-22C-17, §29-22C-18, §29-22C-19, §29-22C-20, §29-22C-21, §29-22C-22, §29-22C-23, §29- 22C-24, §29-22C-25, §29-22C-26, §29-22C-27, §29-22C-28, §29-22C-29, §29-22C-30, §29-22C-31, §29-22C-32, §29-22C-33, §29-22C-34 and §29- 22C-35, all relating generally to authorizing table games at licensed horse and dog racetracks and providing therefor; providing for legislative findings and intent; requiring local option elections to approve licensure of authorized table games at racetrack facilities; defining certain terms; providing for duties and powers and administrative expenses of the State Lottery Commission; appointment of Lottery Commission staff; adoption and proposal of rules; providing for licenses to engage in activities related to operation of authorized table games at racetrack facilities; qualifications for applicant for license to operate authorized table games at a racetrack facility; floor plan requirements; coordination of licensed activities; license application requirements; racetrack table games licensee qualifications; license fees; requirement for surety bond; issuance of licenses and prohibiting transfer, assignment, sale or pledge as collateral; audits and reports of licensee; duties of racetrack table games licensees; requirements for supplier licensees; requirements for license for employees of operator of racetrack with authorized table games; requirements for management services provider license; prohibition of false statements on application for license; grounds for denial, revocation or suspension of license; hearing procedures; expiration and renewal of licenses; renewal fees; information included on license; display and availability of license; notice of change of address; promulgation of legislative and emergency rules; commission approval of table games rules of play; determination of betting limits, operations and services by racetrack licensee; posting of betting limits; standards for offering complimentary goods and services; contract agreements and cost for law-enforcement services; warrantless searches of person and property; imposing privilege tax on adjusted gross receipts of racetrack with authorized table games; payment by racetrack licensee and Lottery Commission into the Compulsive Gambling Treatment Fund and to the state Racing Commission on behalf of all employees of the Licensed Racing Association; providing for filing and payment of taxes; creating state racetrack table games fund; distribution of amounts in fund; prohibited wagers and other activities; prohibiting wagers by certain persons; establishing criminal offenses and penalties; forfeiture of certain property; providing civil penalties; preemption of certain local laws and rules; exemption from certain federal laws relating to shipment of gambling devices; and severability.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler requested unanimous consent that the bill (Com. Sub. for S. B. No. 442) contained in the preceding report from the Committee on the Judiciary be taken up for immediate consideration.
Which consent was not granted, Senator Harrison objecting.
On motion of Senator Kessler, the bill (Com. Sub. for S. B. No. 442) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Oliverio, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 694, Prohibiting dismissing certain emergency workers under certain conditions.
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 Judiciary.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Oliverio, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 735 (originating in the Committee on Labor)--A Bill to amend and reenact §17A-6A-7 of the Code of West Virginia, 1931, as amended, relating to cancellation of a motor vehicle agreement; notice of cancellation of motor vehicle agreement; right of motor vehicle dealer to contest cancellation; grounds for contest of cancellation; effect of agreement pending judicial contest; stay of termination proceedings; conditions permitting cancellation; and effect on motor vehicle agreement of transfer of ownership.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Eng. House Bill No. 2813, Relating to requirements for certificate of public convenience and necessity.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The Senate proceeded to the sixth order of business.
Senators McCabe, Jenkins, Unger and Foster offered the following resolution:
Senate Concurrent Resolution No. 62-- Requesting the Joint Committee on Government and Finance study various economic development, taxation and other policies aimed at promoting wage adequacy.
Whereas, Adequate wages and benefits are vital to family, individual and community well-being; and
Whereas, The U. S. Census Bureau reported in 2004 that median household income in West Virginia is the lowest in the nation ($31,210) and more than $10,000 below the national median household income ($43,318); and
Whereas, Nearly one in four children in West Virginia lives in poverty; and
Whereas, Approximately half of all children attending primary and secondary schools in West Virginia qualify for free or reduced school lunches due to low family incomes; and
Whereas, A shortage of jobs paying adequate wages to support families has contributed to a 28-percent decline in the population of West Virginians under age 18 between 1980 and 2000; and
Whereas, In 2004, the West Virginia Legislature mandated the calculation of a self-sufficiency standard to determine wage adequacy for various families in all counties as a means to assist individuals and promote public policy; and
Whereas, By 2003, 43 states, 41 cities and 5 counties were applying job quality standards to companies that receive economic development subsidies; and
Whereas, The job quality standards adopted by these jurisdictions include wage, health care and full-time hour requirements; and
Whereas, Research has found that job quality standards do not harm business climates; and
Whereas, West Virginia families would benefit from researching and applying best practices, legislation and policies to promote sustainable family wages and benefits developed in other jurisdictions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study various economic development, taxation and other policies aimed at promoting wage adequacy; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Sprouse, Foster and Harrison offered the following resolution:
Senate Concurrent Resolution No. 63-- Requesting the Division of Highways install traffic signals at the intersections of U. S. Route 60 and Witcher Creek Road and U. S. Route 60 and Diamond.
Whereas, An unacceptable, high number of accidents have occurred at the intersections of U. S. Route 60 Witcher Creek Road and U. S. Route 60 and Diamond , creating a continuous hazard to motorists, pedestrians and children in the town of Belle, Kanawha County; and
Whereas, Over the last 10 years, there have been over 70 accidents resulting in at least 45 serious injuries and six fatalities; and
Whereas, These intersections are exceptionally dangerous to students attending Midland Trail Elementary School who must cross both intersections twice each day; and
Whereas, This threat to Midland Trail Elementary School students became a frightening reality in October, 2004, when a school bus collided with a vehicle used for transporting children in day care; and
Whereas, It is essential that this roadway be made safe as expeditiously as possible; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways install traffic signals at the intersections of U. S. Route 60 and Witcher Creek Road and U. S. Route 60 and Diamond; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 64-- Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study the issue of recruitment and retention of Child Protective Services' workers in the eastern and northern panhandles of West Virginia.
Whereas, The mission of Child Protective Services is daunting but essential to the development of West Virginia's children who are in need of services offered by Child Protective Services; and
Whereas, Nearly 37 percent of West Virginia's Child Protective Services' workers have been on the job for less than one year, creating a tremendous learning curve which leaves a continuous void in the Child Protective Services program; and
Whereas, At any given time, 20 percent of the Child Protective Services' workers employed in the State of West Virginia are new to the program; and
Whereas, One of the primary reasons for lack of tenure among Child Protective Services' workers is the rapid turnover of employees due to the absence of a competitive salary for these individuals as compared to these positions in other states; and
Whereas, This problem is most prominent in the eastern and northern panhandles of West Virginia where Child Protective Services' workers are hired and trained in West Virginia only to leave the program for a similar job in an adjoining state at a higher rate of pay; and
Whereas, A seamless Child Protective Services program would benefit the children of West Virginia who become involved in the Child Protective Services program; and
Whereas, A study of recruitment tactics and retention incentives and alternatives for Child Protective Services' workers is essential and necessary to offer thorough and complete services to those West Virginians, particularly in the eastern and northern panhandles of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the Legislative Oversight Commission on Health and Human Resources Accountability study the issue of recruitment and retention of Child Protective Services' workers in the eastern and northern panhandles of West Virginia; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Unger, Jenkins and Foster offered the following resolution:
Senate Concurrent Resolution No. 65--Designating the month of December, 2005, as West Virginia Legislators Back to School Month.
Whereas, West Virginia was created as a representative democracy in which all governmental power is inherent in the people who exercise that power through the legislative, executive and judicial branches; and
Whereas, In recent years, citizen interest in government and knowledge of the political system has declined, in part, due to a weakening belief in, and a lack of understanding of, the virtues and knowledge needed for a successful democratic form of government; and
Whereas, Benjamin Rush, signer of the Declaration of Independence, stated, "There is but one method of rendering a republican form of government durable, and that is by disseminating the seeds of virtue and knowledge through every part of the state by means of proper places and modes of education and this can be done effectively only by the aid of the legislature"; and
Whereas, The National Conference of State Legislatures (NCSL) has adopted a resolution which states that the operation of state legislatures and the roles of individual legislators are often little understood by citizens and that public understanding of the institutions and processes of the government is critical to building public trust and confidence; and
Whereas, The NCSL resolution also states that state legislatures need to bring about better understanding of the concept of representative democracy and should emphasize the importance of compromise and the difficulty of resolving competing interests in a diverse society; and
Whereas, Civic education is a vital tool to promote greater understanding of the legislative institution and the role of legislators in representative democracy; and
Whereas, NCSL urges state legislatures to promote civic education about representative democracy; and
Whereas, NCSL has established the America's Legislators Back to School Program, a national event in which state legislators across the nation visit schools and classrooms to talk about the legislature and to observe activities in the schools; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the month of December, 2005, as West Virginia Legislators Back to School Month; and, be it
Further Resolved, That the Legislature hereby supports civic education to promote greater understanding of the legislative institution and the role of legislators in a representative democracy; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the National Conference of State Legislatures.
Which, under the rules, lies over one day.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 66-- Requesting the Joint Committee on Government and Finance study the potential benefits of a new municipal solid waste landfill, transfer stations and recycling facilities in Wasteshed E, which includes Berkeley, Grant, Hampshire, Hardy, Jefferson, Mineral, Morgan and Pendleton counties.
Whereas, Most counties are expected to demonstrate significant growth rates from 2005 through 2025. Wasteshed E in the eastern panhandle currently has the most robust economy and highest population growth in the state and is expected to grow by 15.4 percent; and
Whereas, The site planning for a new landfill, transfer station, construction demolition landfill and commercial recycling facility within Wasteshed E would aid the collective counties of the wasteshed in the necessary, dependable, effective and efficient disposal and recycling of solid waste; therefore, be it,
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the potential benefits of a new municipal solid waste landfill, transfer stations and recycling facilities in Wasteshed E, which includes Berkeley, Grant, Hampshire, Hardy, Jefferson, Mineral, Morgan and Pendleton counties; and, be it
Further Resolved, In conducting the study, the Joint Committee on Government and Finance should appoint a committee that includes members of the Legislature who are elected to represent the counties of Berkeley, Grant, Hampshire, Hardy, Jefferson, Mineral, Morgan and Pendleton, as well as one representative from the county commissions of each county and one representative from each county or regional solid waste authority, recommended by the respective county or regional solid waste authority Wasteshed E; and, be it
Further Resolved, That the study should include the promotion of waste handling competition and the examination of the feasibility of combining public and private partnerships in establishing landfills, transfer stations and recycling facilities; and
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Facemyer, Minear, Plymale, Bowman, Helmick and Sprouse offered the following resolution:
Senate Concurrent Resolution No. 67-- Requesting the United States Department of Agriculture's Forest Service, in developing proposed alternatives for the Monongahela National Forest Plan Revision, fully consider the many values of well-managed forests to the State of West Virginia.
Whereas, The health, economic well-being and cultural traditions of West Virginia's citizens have historically been, and continue to be, dependent upon the wealth of natural resources provided by the working forests within the state; and
Whereas, The natural resources of the State of West Virginia, particularly its timber resources, are immovable, permanent, renewable assets belonging to the people of West Virginia; and
Whereas, Local municipalities and other public jurisdictions in West Virginia have had their educational, public safety and transportation infrastructure deprived of timber revenue totaling hundreds of millions of dollars due to the actions of political activists dedicated to forest abandonment; and
Whereas, Federal wilderness designation by the United States Congress is a permanent, irrevocable condition that will forever deprive West Virginians and the nonresident visiting public of nearly all economically productive uses and reasonable access to recreational opportunities in the Monongahela National Forest; and
Whereas, Professionally prescribed active timber management supplies an important source of sustainable raw materials for West Virginia's forest-based industries and rural manufacturing economies; and
Whereas, Imposing additional wilderness acreage would diminish the biological diversity of the Monongahela National Forests wildlife habitat types due to the prohibition of all wildlife habitat and timber management and would eliminate the opportunity to seek to perpetuate the best quality and combination of wildlife habitats; and
Whereas, The Division of Natural Resources is charged by the people of West Virginia to protect and conserve our fish and wildlife, including those existing within the proclamation boundaries of the Monongahela National Forest as well as the acreage either currently designated or proposed as federal wilderness, using sound scientific principles inherent in active wildlife management practices; and
Whereas, Compelling peer-reviewed and widely accepted scientific evidence documents that:
1. Some of the most interesting and diverse natural communities in eastern North America will be lost without active forest management;
2. Providing habitat for the greatest diversity of wildlife species over the long term involves managing a mosaic of forest conditions; and
3. Providing both young and mature forest habitat through forest management contributes to the biological diversity of the forested landscape; and
Whereas, The governing bodies and economic development authorities of the counties of Grant, Pendleton, Pocahontas, Randolph and Tucker, each of which encompasses some portion of Monongahela National Forest lands, have formally and publicly opposed the designation of additional federal wilderness acreage in the Monongahela National Forest; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States Department of Agriculture's Forest Service, in developing proposed alternatives for the Monongahela National Forest Plan Revision, fully consider the many values of well-managed forests to the State of West Virginia; and, be it
Further Resolved, That the Legislature hereby recognizes that any expansion of federal wilderness and/or the imposition of any other unreasonably restrictive land management measures would result in losses in recreational opportunity and severe economic harm to more West Virginians than would be benefitted; 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; the Governor of the State of West Virginia; Clyde Thompson, Supervisor of the Monongahela National Forest; and the county commissions of each county with land in the Monongahela National Forest.
Which, under the rules, lies over one day.
Senators Unger and Foster offered the following resolution:
Senate Concurrent Resolution No. 68-- Requesting the Bureau of Senior Services and the Department of Environmental Protection study the most effective means to develop, maintain and expand meaningful opportunities for the state's senior citizens to participate in volunteer projects relating to the environment.
Whereas, The State of West Virginia has an active, talented and informed population of senior citizens desiring to participate in activities and programs that contribute to their local communities and the environment; and
Whereas, All West Virginians benefit by the pursuit of projects related to water quality, environmental education and restoration and protection of our environment; and
Whereas, The Department of Environmental Protection and the Division of Natural Resources currently have many opportunities for the general public to participate in programs, including local watershed associations, stakeholder groups, Adopt-a-Highway, Adopt- a-Spot, Adopt-a-Dump and Clean Streams initiatives; and
Whereas, The Bureau of Senior Services and the Department of Environmental Protection are in a position to provide senior citizens with effective and meaningful opportunities to be involved in activities that not only contribute to the protection and restoration of the environment but also provide significant benefits to those involved; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Bureau of Senior Services and the Department of Environmental Protection study the most effective means to develop, maintain and expand meaningful opportunities for the state's senior citizens to participate in volunteer projects relating to the environment; and, be it
Further Resolved, That the Bureau of Senior Services and the Department of Environmental Protection study the most effective means of coordination to foster and facilitate such volunteer opportunities; and, be it
Further Resolved, That the Bureau of Senior Services and the Department of Environmental Protection study the feasibility of establishing a statewide network of county-based organizations to promote such opportunities; and, be it
Further Resolved, That the Bureau of Senior Services and the Department of Environmental Protection report to the regular session of the Legislature, 2006, on their findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate their recommendations.
Which, under the rules, lies over one day.
Senators Yoder, McCabe and Unger offered the following resolution:
Senate Concurrent Resolution No. 69-- Requesting the State of West Virginia and the United States federal government fully recognize the counties of Berkeley and Jefferson in the State of West Virginia as part of the beautiful and historic Shenandoah Valley.
Whereas, The State of West Virginia was originally part of the Commonwealth of Virginia until June 20, 1863, and the counties of Berkeley and Jefferson were not officially annexed by West Virginia until 1872 upon the ruling of the United States Supreme Court; and
Whereas, The Shenandoah Valley begins at the Potomac River which forms the northern boundary along Berkeley and Jefferson counties and continues southwestward to the southern boundary near the city of Roanoke, Virginia. The Valley is flanked to the east by the Blue Ridge Mountains (in eastern Jefferson County) and to the west by the Allegheny Mountains (in western Berkeley County). The Shenandoah River flows northward and empties into the Potomac River at Harpers Ferry, Jefferson County; and
Whereas, The entire Valley was known as the "Breadbasket of the Confederacy" because of its richness in fertile soils that sustains life for farms and orchards; and
Whereas, In 1996, the United States Congress established the "Shenandoah Valley Battlefields National Historic District and Commission". At that time, Berkeley and Jefferson Counties were not included as a part of the program; and
Whereas, Berkeley and Jefferson counties should be eligible to become part of the "Shenandoah Valley Battlefields National Historic District and Commission" and be eligible for any other federal programs that are available for the Shenandoah Valley; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the State of West Virginia and the United States federal government fully recognize the counties of Berkeley and Jefferson in the State of West Virginia as part of the beautiful and historic Shenandoah Valley; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, West Virginia's congressional delegation, the Governor, the County Commissions of Berkeley and Jefferson counties and the mayors and city councils of Bolivar, Charles Town, Harpers Ferry, Hedgesville, Martinsburg, Ranson and Shepherdstown.
Which, under the rules, lies over one day.
Senators Unger, Jenkins, McCabe, Fanning, Hunter and Foster offered the following resolution:
Senate Resolution No. 25-- Recognizing the public service of the AARP.
Whereas, Volunteering by sharing time and talent has been described as the art of caring and doing and makes a difference in the lives of others; and
Whereas, Many volunteers in West Virginia are members and volunteers of the AARP. AARP West Virginia is a nonprofit, nonpartisan membership organization representing 288,000 West Virginians and 23 million individuals nationwide who are 50 years of age and older; and
Whereas, AARP is dedicated to enhancing quality of life, bringing positive social change and delivering value to members through information, advocacy and service; and
Whereas, With more than 30 local chapters, AARP West Virginia strengthens communities, neighborhood by neighborhood, each day in our state; and
Whereas, AARP members and chapters make a special effort to assist communities through group projects or individual acts of kindness for the homebound and others in need in the mountain state; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the public service of the AARP; and, be it
Further Resolved, That the Senate extends its sincere appreciation to AARP West Virginia for its many contributions to the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the AARP West Virginia.
At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Yoder and Jenkins offered the following resolution:
Senate Resolution No. 26--Honoring the United States Supreme Court Fellows Program and the United States Supreme Court Historical Society and acknowledging the significant historical ties between the West Virginia State Capitol Building and the United States Supreme Court Building.
Whereas, For over 30 years, the Supreme Court Fellows Program has enabled exceptionally talented individuals to contribute to the work of the Supreme Court of the United States, the Federal Judicial Center, the Administrative Office of the United States Courts and the United States Sentencing Commission; and
Whereas, The Program was founded by Chief Justice Warren Burger in 1973 to provide fellows an opportunity to study firsthand both the administrative machinery of the federal judiciary and the dynamics of interbranch relations; and
Whereas, The United States Supreme Court Historical Society is a private, not-for-profit organization dedicated to the collection and preservation of the history of the Supreme Court of the United States; and
Whereas, These two groups share a great appreciation for the rich history of both the West Virginia Supreme Court of Appeals Chamber and the West Virginia State Capitol Building, which were designed by the legendary architect Cass Gilbert; and
Whereas, Cass Gilbert took great care in planning the West Virginia Supreme Court of Appeals Chamber, personally designing the decor, the bench and other furnishings, and later used his design as the model for the courtroom in the Supreme Court of the United States; and
Whereas, Those visiting the Senate today include Supreme Court Fellows Carmen Gonzalez, James Oleson, Catherine Sevcenko and Alison Weir; as well as Catherine Fitts, Supreme Court Curator; Franz Jantzen, Supreme Court Photographer and Archivist; Kathy Shurtleff, Assistant Director of the Supreme Court Historical Society; and Jan Harbuly, Circuit Executive and Clerk of the United States Court of Appeals for the Federal Court; therefore, be it
Resolved by the Senate:
That the Senate hereby honors the United States Supreme Court Fellows Program and the United States Supreme Court Historical Society and acknowledges the significant historical ties between the West Virginia State Capitol Building and the United States Supreme Court Building; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials from the United States Supreme Court Fellows Program and the United States Supreme Court Historical Society.
At the request of Senator Yoder, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 39, Petitioning Congress to allow variance to gross vehicle weight limit of coal trucks for approximately six miles of Interstate 77 between Marmet and Chelyan, West Virginia.
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, after the Resolved clause, by striking out the word "allow" and inserting in lieu thereof the word "consider";
On page two, after the Resolved clause, after the words "variance in the gross weight limit" by inserting a comma and the words "and safety, wear and tear, and other factors,";
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 39--Petitioning the United States Congress consider a variance in the gross vehicle weight limit, and safety, wear and tear, and other factors, of approximately six miles of I-77/I-64 between Marmet, Kanawha County, and Chelyan, Kanawha County, to allow 120,000 pounds of gross vehicle weight so that coal trucks may lawfully travel this section of highway.
The question being on the adoption of the resolution (S. C. R. No. 39), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 253, Permitting Insurance Commissioner waive or reduce penalty for late filing of tax returns.
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. 253) passed with its 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. 253) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 254, Relating to reinsurance intermediaries.
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. 254) 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. 288, Authorizing rental of vocational rehabilitation facilities by school groups or certain other organizations.
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.
Eng. Com. Sub. for Senate Bill No. 456, Relating to cure offer from merchant or seller to consumer.
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, 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)--33.
The nays were: Barnes--1.
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. 456) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 239, Creating Flood Protective Planning Act.
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 three, section three, line two, by striking out the word "hereby";
On page three, section three, line two, by striking out the word "five" and inserting in lieu thereof the word "six";
On page three, section three, line seven, after the word "designee;" by inserting the words "the Director of the West Virginia Housing Development Fund;"
On page four, section four, line one, by striking out the words "shall have the authority to" and inserting in lieu thereof the word "may";
On page five, section five, line two, by striking out the word "hereby";
On page six, section five, line four, by striking out the word "less" and inserting in lieu thereof the word "more";
On page eight, section six, line nineteen, after the word "report" by inserting the word "quarterly";
And,
On page eight, section six, line nineteen, by striking out the words "of quarterly".
The bill (Com. Sub. for S. B. No. 239), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 353, Authorizing Department of Transportation promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 406, Establishing Uniform Environmental Covenants Act.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page seven, section four, line nine, after the word "signed" by inserting the words "and notarized".
The bill (S. B. No. 406), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 418, Providing insurance reform by expanding and providing funding and expanded powers for Office of Consumer Advocacy.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 421, Relating to apportionment of damages in court actions involving tortious conduct in certain cases.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Sprouse, the following amendments to the bill were reported by the Clerk and considered simultaneously:
On page two, section twenty-three, line ten, by striking out the word "twenty-five" and inserting in lieu thereof the word "fifty";
And,
On page four, section twenty-three, line fifty-seven, by striking out the word "ten" and inserting in lieu thereof the word "twenty-five".
The question being on the adoption of Senator Sprouse's amendments to the bill, and on this question, Senator Sprouse demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth, Deem, Facemyer, Guills, Harrison, Lanham, McKenzie, Minear, Sharpe, Sprouse and Weeks--13.
The nays were: Bailey, Bowman, Chafin, Dempsey, Edgell, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Unger, White, Yoder and Tomblin (Mr. President)--21.
Absent: None.
So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Sprouse's amendments to the bill (S. B. No. 421) rejected.
The bill was then ordered to engrossment and third reading.
Senate Bill No. 492, Relating to claims against state.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page seven, section one, line one hundred fifteen, by striking out "$8,336.00" and inserting in lieu thereof "$4,206.47".
The bill (S. B. No. 492), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 505, Creating Indigent Defense Commission.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 616, Relating to priority of legislative business for members and certain employees of Legislature.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. House Bill No. 2333, Establishing a program to encourage voluntary reclamation of lands adversely affected by mining activities.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2783, Authorizing the Director of the Division of Rehabilitation Services to allow youth or other civic groups to use rehabilitation facilities and to charge a reasonable rent therefor.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Helmick, the following amendment to the bill was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting section and inserting in lieu thereof the provisions of Engrossed Senate Bill No. 288.
The bill (Eng. H. B. No. 2783), as amended, was then ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 227, Exempting one motor vehicle owned by resident on active duty from ad valorem taxes.
Com. Sub. for Senate Bill No. 290, Requiring each county board of education hold public hearing on students wearing uniforms.
Com. Sub. for Senate Bill No. 414, Relating to child passenger safety and booster seats.
Com. Sub. for Senate Bill No. 427, Relating to health maintenance organizations.
Com. Sub. for Senate Bill No. 455, Relating to financing of environmental control activities by certain electrical utilities.
Senate Bill No. 550, Designating certain rural hospitals for Medicare Critical Access Hospital Program.
Senate Bill No. 659, Clarifying definition of "money transmission".
Com. Sub. for Senate Bill No. 661, Relating to juvenile proceedings and multidisciplinary teams.
Senate Bill No. 731, Making supplementary appropriation of federal funds to Department of Transportation, Division of Public Transit.
Senate Bill No. 732, Making supplementary appropriation from state fund to Department of Transportation, Aeronautics Commission.
Senate Bill No. 733, Making supplementary appropriation of federal funds to Department of Transportation, Aeronautics Commission.
And,
Senate Bill No. 734, Making supplementary appropriation of federal funds to Miscellaneous Boards and Commissions, State Mapping and Addressing Board.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Yoder and Unger.
Thereafter, at the request of Senator Unger, and by unanimous consent, the remarks by Senator Yoder were ordered printed in the Appendix to the Journal.
At the request of Senator Barnes, unanimous consent being granted, the remarks by Senator Unger were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
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 Com. Sub. for Senate Bill No. 126, Relating to educational benefits for children of certain deceased military.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 126) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 341, Authorizing Department of Health and Human Resources promulgate legislative rule relating to implementation of Omnibus Health Care Act payment provisions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 341 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 5, 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 Health Care Authority to promulgate a legislative rule relating to benchmarking and discount contracts; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to implementation of Omnibus Health Care Act; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to implementation of Omnibus Health Care Act payment provisions; authorizing Department of Health and Human Resources and Insurance Commissioner to promulgate a legislative rule relating to uniform credentialing of health care practitioners; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to methods and standards for chemical test for intoxication; and authorizing Department of Health and Human Resources to promulgate a legislative rule relating to Grade "A" pasturized milk.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 341) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 369, Authorizing Board of Examiners for Licensed Practical Nurses promulgate legislative rule relating to fees for services rendered by Board.
And,
Senate Bill No. 381, Authorizing Board of Examiners for Registered Professional Nurses promulgate legislative rule relating to fees for services rendered by Board.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 463, Allowing supplemental assessment on personal property when omitted from record books.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 463) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 502, Relating to participation in loan program by certain teachers and nonteachers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 502 (originating in the Committee on Pensions)--A Bill to amend and reenact §5-5-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-10-2, §5-10-15, §5-10-17, §5-10-21, §5-10-22, §5-10-23, §5-10-26, §5-10-27 and §5-10-44 of said code; to amend and reenact §5-10A-2 and §5-10A-3 of said code; to amend said code by adding thereto a new section, designated §5-10A-11; to amend and reenact §7-14D-23 of said code; to amend said code by adding thereto three new sections, designated §15-2-25b, §15-2-31a and §15-2-31b; to amend and reenact §15-2-26, §15-2-27, §15-2-27a, §15-2-28, §15-2-29, §15-2-30, §15-2-31, §15-2-32, §15-2-33, §15-2-34 and §15-2-37 of said code; and to amend and reenact §18-7A-3, §18-7A-14, §18-7A-17, §18-7A-23a, §18-7A-25, §18-7A-26 and §18-7A-34 of said code, all relating to state pensions and retirement generally; providing comprehensive changes to certain plans administered by the Consolidated Public Retirement Board; clarifying members' accrued and unused leave of any kind not used in computing final average salary; amending and adding definitions relating to the Public Employees Retirement System; clarifying use of restricted qualified military service credit to one retirement system; restricting certain rights of members to select a plan beneficiary; requiring certification of continued disability and earnings statement from certain disability benefit recipients; providing for interest in calculation of benefits payable on death of retired participants; providing for correction of employer errors, including payment of interest; establishing earnings limits for certain disability benefits recipients; requiring annual physician review and an annual statement of earnings from certain persons receiving disability retirement payments; providing for suspension of benefits upon failure of disability retiree to furnish certain information; providing that interest is to be included in the calculation of terminal benefits payable as the result of death of retired participants; addressing the correction of employer errors; clarifying use of members' unused, accrued leave in final average salary; making technical corrections to the Public Employees Retirement System; amending the definitions of "less than honorable service" and "retirement plan"; increasing the time to issue notice to terminate benefits; requiring prosecuting attorneys to notify retirement board of convictions or pleas related to less than honorable service; providing that any person becoming a member of the Deputy Sheriff Retirement System after the first day of July, two thousand five, may not borrow from that plan; relating to the West Virginia State Police Death, Disability and Retirement Fund generally; adding general definitions to the West Virginia State Police Death, Disability and Retirement Fund; adding definitions of "law-enforcement officer", "partially disabled", "totally disabled" and "physical or mental impairment" to the West Virginia State Police Death, Disability and Retirement Fund; making technical changes to the West Virginia State Police Death, Disability and Retirement Fund; providing for probable permanent disability status; specifying that total disability is inability to perform any substantial gainful employment and that partial disability is inability to perform law-enforcement duties; providing that member receiving annuity for partial disability incurred in performance of duty may be employed as an elected sheriff or appointed chief of police if it is shown to the Board that such employment is not inconsistent with the partial disability; allowing application for disability to be made by person acting on member's behalf; allowing Superintendent to petition Board for member's disability when he or she deems the member disabled; authorizing rules; judicial review; allowing Board to withhold payment pending judicial review; requiring disability recipient to file annual statement of earnings and setting forth penalty for refusal or failure to do so; requiring annual report of State Police disability retirement experience ; State Teachers Retirement System; amending, adding and alphabetizing the definitions; providing for the use of qualified military service in the State Teachers Retirement System ; providing that in the case of deceased retired participants that interest is to be included in the calculation of terminal benefits payable and making other technical modifications in the State Teachers Retirement System ; clarifying provisions for loan repayment in the State Teachers Retirement System ; replacing earnable compensation with gross salary in the State Teachers Retirement System ; clarifying maximum loan amount and making technical corrections in the State Teachers Retirement System ; and discontinuing the loan program participation of teachers and nonteachers who become members of the Teachers Retirement System on or after the first day of July, two thousand five.
And,
Senate Bill No. 717, Permitting Wetzel County Hospital provide alternate retirement plan for new employees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 717 (originating in the Committee on Pensions)--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.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 502 and 717) contained in the preceding report from the Committee on Pensions were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 531, Relating to Hospice Licensure Act.
Now on second reading, having been read a first time and referred to the Committee on Government Organization on March 22, 2005;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 561, Authorizing Greater Huntington Park and Recreation District impose certain fees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 561 (originating in the Committee on Government Organization)--A Bill to amend and reenact section 7, chapter 26 of the Acts of the Legislature, regular session, 1925 (municipal charters), as last amended by chapter 175, Acts of the Legislature, regular session, 1991, relating to Greater Huntington Park and Recreation District; authorizing the District to impose fees and issue revenue bonds; requiring an election on the imposition of fees and issuance of revenue bonds; notice and election requirements; and authorizing the new fees to secure and pay the revenue bonds.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 561), under the original double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 570, Requiring Class I and II municipalities study implementation of safety code for paid fire departments.
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,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 580, Prohibiting any body except Legislature from regulating seed.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 580 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-16-4a, relating to prohibiting political subdivisions from regulating seeds.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
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. 587, Relating to appointment of counsel in abuse and neglect cases.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 587 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §49-6-2 of the Code of West Virginia, 1931, as amended, relating to the appointment of counsel in abuse and neglect cases.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 587) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 594, Authorizing county commissions adopt ordinances to reduce false alarms.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
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. 628, Establishing State Trails Coordinator.
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.
At the request of Senator Fanning, unanimous consent being granted, the bill (S. B. No. 628) contained in the preceding report from the Committee on Natural Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 736 (originating in the Committee on Government Organization)--A Bill to repeal §8-24-86 and §8-24-87 of the Code of West Virginia, 1931, as amended, relating to proffers and conditions for final plat approval sections that were superceded.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 737 (originating in the Committee on Government Organization)--A Bill to amend and reenact §30-1-5 of the Code of West Virginia, 1931, as amended, relating to licensing boards; establishing a time limit for licensing boards to issue a final ruling on complaints; and exception.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 738 (originating in the Committee on Government Organization)--A Bill to amend and reenact §15-5-15 of the Code of West Virginia, 1931, as amended, relating to prohibiting emergency service personnel and others involved in homeland security from being convicted felons; and requiring background checks.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 739 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to the Department of Health and Human Resources - Division of Health - Hepatitis B Vaccine, fund 5183, fiscal year 2005, organization 0506, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 739) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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 Bill No. 740 (originating in the Committee on Transportation and Infrastructure )-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9, §5B-4-10, §5B-4-11, §5B-4-12, §5B-4-13, §5B-4-14, §5B-4-15, §5B-4-16, §5B-4-17, §5B-4-18, §5B-4-19, §5B-4- 20, §5B-4-21 and §5B-4-22, all relating to conducting an inventory and developing coordinated deployment and operation of technology infrastructure within this state; legislative findings and purpose; definitions; technology infrastructure inventory, local government cooperation, inventory survey reporting requirements, rule-making authority of Secretary of Department of Administration; exemption from disclosure of confidential information; creation of Joint Legislative Oversight Commission on Transportation and Infrastructure; creation of Innovation Center, appointment and qualifications of Chief Officer of Innovation Center; powers and duties of Innovation Center; rule-making authority of Council for Community and Economic Development relating to Innovation Center; Innovation Center study and inventory of management practices of technology and technology infrastructure; reporting requirements; providing technical and funding assistance for innovation; authorizing Innovation Center to engage in consulting services for fee contractual and joint venture agreements; authority of local government to be providers of cable services, internet services, telecommunications services, information services, advanced services, broadband services, internet protocol enabled services, wireless and broadband internet services, authority to build technology infrastructure, authority to issue bonds; prior to issuance of bonds payment of expenses; ordinance, resolution or order required for the acquisition or construction of technology infrastructure system; publication and hearing requirements related to bonds; cost of technology infrastructure system; bonds not an indebtedness of local government; redemption and form of bonds, exemption from taxation of bonds; additional bonds to extend or improve technology infrastructure system authorized, equal priority with original bonds; establishment of sinking fund, transfer of balance of net revenues; enabling local government to establish rates of service; statutory mortgage lien created authorizing refunding of revenue bonds; and liberal construction of article.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (S. B. No. 740) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Helmick, the bill was referred to the Committee on Finance.
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. 34, Requesting Division of Highways name bridge on Posey-Saxon Road, Raleigh County, "Sergeant Billy Ray Holmes Memorial Bridge".
And has amended same.
And reports the same back with the recommendation that it be adopted, as amended.
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. 54, Requesting Division of Highways name bridge located on Route 19 between Flat Top Post Office and Egeria Road "Mills/Hatcher Memorial Bridge".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate again proceeded to the twelfth order of business.
Remarks were made by Senator Sprouse.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, March 23, 2005, at 11 a.m.
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