(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
FORTY-FOURTH DAY
____________
Charleston, W. Va., Thursday, March 24, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Eileen Dumire, Asbury
United Methodist Church, Charleston, West Virginia; Darlington
United Methodist Church, South Charleston, West Virginia; and St.
John United Methodist Church, South Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, March 23,
2005,
On motion of Senator Prezioso, 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 of
Eng. Senate Bill No. 229, Relating to reports of financial institutions to Division of Banking.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 12, Requesting Division of
Highways name bridge on Route 49 at Matewan "Michael S. Justice
Memorial Bridge.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2117--A Bill to amend and reenact
§11A-3-23 of the Code of West Virginia, 1931, as amended, relating
to increasing the title examination costs charged by the clerk of
the county commission from two hundred dollars to four hundred
dollars to redeem real estate.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, of
Eng. House Bill No. 2510, Allowing public sector moneys to be
used to satisfy the matching requirements of the workforce
initiative in certain circumstances.
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. 2522--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §60-1-5b; to amend and reenact §60-4-2, §60-4-3
and §60-4-15 of said code; to amend said code by adding thereto a
new section, designated §60-4-3a; and to amend and reenact §60-6-1
and §60-6-2 of said code, all relating to creating and licensing
mini-distilleries; allowing the tasting and limited retail sales of
liquor produced by a mini-distillery at the licensed premise;
establishing requirements and limitations for licensees for sales
and free samples of liquor products; requiring a portion of all
retail sales to be distributed to certain retailers; and
establishing a licensure fee.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect July 1, 2005, of
Eng. House Bill No. 2666, Continuation of the Department of
Health and Human Resources.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect July 1, 2005, of
Eng. House Bill No. 2667, Continuation of the West Virginia Commission for the Deaf and Hard-of-Hearing.
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. 2789--A Bill to amend and
reenact §31A-8A-8 of the Code of West Virginia, 1931, as amended,
relating to the assessment date for bank holding companies.
Referred to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect July 1, 2005, of
Eng. House Bill No. 2846, Continuation of the Real Estate
Appraiser Licensing and Certification Board.
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. 2885--A Bill to repeal §16-3-4a of the
Code of West Virginia, 1931, as amended; to repeal §26-5A-1, §26-
5A-2, §26-5A-3, §26-5A-4, §26-5A-5, §26-5A-6 and §26-5A-7 of said
code; and to amend said code by adding thereto a new article,
designated §16-3D-1, §16-3D-2, §16-3D-3, §16-3D-4, §16-3D-5, §16-
3D-6, §16-3D-7, §16-3D-8 and §16-3D-9, all relating to tuberculosis
testing, control, treatment and commitment.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect July 1, 2005, of
Eng. House Bill No. 2892, Continuation of the Bureau for Child
Support Enforcement.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, to take effect July 1, 2005, of
Eng. House Bill No. 2893, Continuation of the James "Tiger"
Morton Catastrophic Illness Commission.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2914--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §55-7B-12, relating to restricting actions against
doctors who are board certified in reproductive endocrinology and
infertility because an in vitro fertilization attempt failed to
result in a live birth.
Referred to the Committee on the Judiciary.
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. 2973--A Bill to repeal §33-
8A-8 of the Code of West Virginia, 1931, as amended; and to amend
and reenact §33-8A-2 and §33-8A-3 of said code, all relating to the
use of clearing corporations and federal reserve book-entry system
by insurance companies; defining terms; allowing broker-dealers to
act as custodian of insurance company assets; establishing
eligibility standards for broker-dealers to act as custodians;
eliminating references to foreign deposit requirements; and
repealing the internal effective date.
Referred to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3104--A Bill to amend and reenact §5A-7-4a
of the Code of West Virginia, 1931, as amended, relating to the
payment of telecommunications charges; authorizing the director to
review and reject telecommunications charges under certain
circumstances; and authorizing emergency rules in certain
circumstances.
Referred 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. House Bill No. 3105--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §21-3-21, relating to creating a special revenue fund
for the provision of occupational safety and health initiatives.
Referred 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. House Bill No. 3106--A Bill to amend and reenact §5-16-18
of the Code of West Virginia, 1931, as amended, relating to the
ability of the Public Employees Insurance Agency to participate in
the investment pools of the Investment Management Board.
Referred to the Committee on Finance.
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. 357, Authorizing Insurance Commission
promulgate legislative rule relating to examiners and examinations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 357 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, 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 Alcohol Beverage Control
Commissioner to promulgate a legislative rule relating to retail
liquor operations; authorizing Alcohol Beverage Control
Commissioner to promulgate a legislative rule relating to private
club licensing; authorizing Alcohol Beverage Control Commissioner
to promulgate a legislative rule relating to bailment policies and
procedures; authorizing Insurance Commissioner to promulgate a
legislative rule relating to examiners and examinations;
authorizing Insurance Commissioner to promulgate a legislative rule
relating to surplus lines insurance; authorizing Insurance
Commissioner to promulgate a legislative rule relating to cancellation and nonrenewal of automobile liability policies;
authorizing Insurance Commissioner to promulgate a legislative rule
relating to continuing education for individual insurance
producers; authorizing Insurance Commissioner to promulgate a
legislative rule relating to valuation of life insurance policies;
authorizing Insurance Commissioner to promulgate a legislative rule
relating to recognition of 2001 CSO Mortality Table for use in
determining minimum reserve liabilities and nonforfeiture benefits;
authorizing Insurance Commissioner to promulgate a legislative rule
relating to insurance fraud prevention; authorizing Insurance
Commissioner to promulgate a legislative rule relating to small
employer eligibility requirements; authorizing Racing Commission to
promulgate a legislative rule relating to thoroughbred racing;
authorizing Tax Department to promulgate a legislative rule
relating to consumers sales and service tax and use tax - executive
orders and certain declarations and exemptions; authorizing Tax
Department to promulgate a legislative rule relating to valuation
of active and reserve coal for ad valorem property tax purposes;
and authorizing Tax Department to promulgate a legislative rule
relating to valuation of producing and reserve oil and gas for ad
valorem property tax purposes.
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. 357) 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 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. 386, Authorizing State Police promulgate
legislative rule relating to State Police professional standards
investigations, employee rights, early identification system,
psychological assessment and progressive discipline.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 386 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, 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 Corrections to
promulgate a legislative rule relating to parole supervision;
authorizing State Fire Marshal to promulgate a legislative rule
relating to fees for licenses, permits, inspections, plans review
and other services rendered; authorizing State Police to promulgate
a legislative rule relating to State Police professional standards
investigations, employee rights, early identification system,
psychological assessment and progressive discipline; authorizing
State Police to promulgate a legislative rule relating to the
career progression system; authorizing State Police to promulgate
a legislative rule relating to carrying of handguns by retired or
medically discharged members; and authorizing Division of Veterans'
Affairs to promulgate a legislative rule relating to Veterans'
Affairs' headstones or markers.
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. 386) 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 Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 399, Relating to ability of
physician to refuse to provide medical treatment in certain cases.
Senate Bill No. 639, Defining "electronic postmark".
Senate Bill No. 640, Allowing notary public and commissioner
use stamped imprint.
Senate Bill No. 691, Relating to termination of tenancy of
factory-built home.
And,
Eng. Com. Sub. for House Bill No. 2764, Relating to allowing
the Board of Medicine to issue a license to physicians who have
been subject to license revocation.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Com. Sub. for S. B. No. 399, S. B. No. 639, S.
B. No. 640, S. B. No. 691 and Eng. Com. Sub. for H. B. No. 2764)
contained in the preceding report from the Committee on the
Judiciary were each 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. 428, Relating to Rehabilitation Environmental
Action Plan.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 428 (originating in the
Committee on the Judiciary)--A Bill to repeal §17-24-1, §17-24-2,
§17-24-3, §17-24-4, §17-24-5, §17-24-6, §17-24-7, §17-24-8, §17-24-
9 and §17-24-10 of the Code of West Virginia, 1931, as amended; to
repeal §20-7-24, §20-7-25, §20-7-26, §20-7-27 and §20-7-29 of said
code; to repeal §20-11-1, §20-11-2, §20-11-3, §20-11-4, §20-11-5,
§20-11-6, §20-11-7, §20-11-8, §20-11-9, §20-11-10, §20-11-11 and
§20-11-12 of said code; to repeal §22-15A-23, §22-15A-24 and §22-
15A-25 of said code; to amend and reenact §7-1-3ff of said code; to amend and reenact §17-2A-21 of said code; to amend and reenact §17-
23-2 of said code; to amend and reenact §17A-10-16 of said code; to
amend and reenact §17C-14-14 of said code; to amend and reenact
§22-15-2 and §22-15-21 of said code; that said code be amended by
adding thereto a new article, designated §22-15A-1, §22-15A-2, §22-
15A-3, §22-15A-4, §22-15A-5, §22-15A-6, §22-15A-7, §22-15A-8, §22-
15A-9, §22-15A-10, §22-15A-11, §22-15A-12, §22-15A-13, §22-15A-14,
§22-15A-15, §22-15A-16, §22-15A-17, §22-15A-18, §22-15A-19, §22-
15A-20, §22-15A-21, §22-15A-22 and §22-15A-23; to amend and reenact
§22C-3-7 and §22C-3-24 of said code; to amend and reenact §22C-4-24
and §22C-4-25 of said code; to amend and reenact §31-15A-17a of
said code; and to amend and reenact §49-5-13 and §49-5-13b of said
code, all relating to the Rehabilitation Environmental Action Plan;
consolidating litter control, open dump elimination and
reclamation, waste tire cleanup and recycling programs; defining
certain terms; providing for litter control and recycling programs;
providing additional duties of Secretary of the Department of
Environmental Protection; transferring assets, contracts and
personnel of the Litter Control Program; providing penalties for
the unlawful disposal of litter; providing for litter control
education; creating the pollution prevention and open dump program;
providing for assistance to solid waste authorities for litter and
solid waste plans; prohibiting waste tires in certain places;
providing for penalty for violations thereof; providing that the Department of Environmental Protection is to administer funds for
waste tire remediation; authorizing the Secretary of the Department
of Environmental Protection to promulgate rules; providing for the
disposal of waste tires; providing for the creation of the A. James
Manchin Fund; establishing remediation and liability for
remediation; clarifying that Commissioner for Bureau for Public
Health has the authority to regulate public health matters;
establishing recycling goals and plans; establishing county
recycling programs for solid waste; providing for a recycling
assessment fee; providing for criminal penalties; establishing
state recycling program for solid waste; providing for the
procurement of recycled products; prohibiting the disposal of
certain items; creating the Recycled Oil Advisory Committee;
encouraging newsprint recycling; establishing Recycled Newsprint
Advisory Committee; providing for studying the feasibility of
recycling industries; and exempting certain recycling facilities
from regulation.
With the recommendation that the committee substitute do pass;
but under the original triple 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. 428) 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 triple committee reference, was
then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 439, Exempting certain carriers of solid waste
from certificate of convenience requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 439 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §22C-4-23
of the Code of West Virginia, 1931, as amended; to amend and
reenact §24A-2-5 of said code; and to amend and reenact §24A-3-3 of
said code, all relating to allowing an exemption for certain county
or regional Solid Waste Authority-designated motor carriers of
commercial solid waste from the certificate of convenience
requirements; establishing criteria for the exemption; and
establishing requirements for notice and a public hearing.
And,
Senate Bill No. 670, Relating to electing supervisors for
conservation districts.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 670 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-8-5 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §19-21A-3, §19-21A-4, §19-21A-5, §19-21A-6 and §19-21A-7 of
said code, 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; requiring Conservation Committee certify
qualified candidates for ballot; providing that candidate may not
be on ballot or take office if qualifications not met; and
requiring certain reports.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 439 and 670) contained
in the preceding report from the Committee on the Judiciary were
each 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. 539, Allowing Board of Dental Examiners
suspend license of certain dentists.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 539 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §30-4-20
of the Code of West Virginia, 1931, as amended, relating to the
licensing of dentists generally; providing for the immediate
suspension or revocation of a license as necessary to protect the
health and safety of the public; hearing by the Board; and
decision.
Senate Bill No. 548, Relating to crime of assault and battery
upon Public Service Commission motor carrier inspectors.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 548 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-2-10b
of the Code of West Virginia, 1931, as amended, relating to the
crimes of assault and battery upon law-enforcement officers; and
adding Public Service Commission motor carrier inspectors to the
list of law-enforcement officers.
And,
Senate Bill No. 681, Relating to counterfeit auto inspection
stickers; penalty.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 681 (originating in the
Committee on the Judiciary)--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.
With the recommendation that the three committee substitutes
do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 539, 548 and 681)
contained in the preceding report from the Committee on the
Judiciary were each 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. 588, Relating to cruelty to animals and
intervention program for certain youths.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 588 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §49-4-13f; and to amend and reenact §61-8-19 of said
code, all relating to Animal Cruelty Early Intervention Program for
juveniles; expanding the definition of cruelty to animals;
increasing penalties for cruelty to animals; and allowing judges to
require that offenders complete an anger management program.
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. 588) 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 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. 603, Relating to higher
education.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 22, 2005;
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 (Com. Sub. for S. B. No. 603) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration and 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 ninety-one, section four, line sixteen, by striking
out the word "and";
And,
On page ninety-two, section four, line one, after the word "campus" by changing the period to a semicolon and adding the
following: and
(z) A governing board may contract and pay for disability
insurance for a class or classes of employees at a state
institution of higher education under its jurisdiction.
The bill (Com. Sub. for S. B. No. 603), as amended, was
ordered to engrossment and third 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. 620, Relating to speed-measuring devices used
by law-enforcement officers; training.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 620 (originating in the
Committee on the Judiciary)--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.
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. 620) 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 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. 703, Providing consistency in filing
procedures for all organization types and cleaning up outdated
language.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 703) 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. 741 (originating in the Committee on Finance)-
-A Bill to amend and reenact §11-3-9 of the Code of West Virginia,
1931, as amended, relating to exempting farming equipment and
livestock from personal property taxation.
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. 741) 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 742 (originating in the Committee on Finance)-
-A Bill to amend and reenact §11-16-5 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto three
new sections, designated §11-16-5a, §11-16-5b and §11-16-5c, all
relating to the manufacture, sale, possession, distribution,
furnishing or giving away of nonintoxicating beer contrary to law
in unlicensed establishments; establishing criminal penalties; and providing similar public nuisance provisions in relation to beer as
there currently exists for liquor.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 742) 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.
On motion of Senator Helmick, the bill was referred to the
Committee on the Judiciary.
The Senate proceeded to the sixth order of business.
Senators Fanning and Chafin offered the following resolution:
Senate Concurrent Resolution No. 70--Requesting the Division
of Highways name the bridge at the junction of Route 65 and Route
49 in Matewan, Mingo County, the "Earl Stafford Memorial Bridge".
Whereas, In the early 1960s, Earl Stafford, unselfishly and in
the interest of his fellow coal miners, underwent dangerous and
vigorous medical testing to help determine the cause and effects of
pneumoconiosis; and
Whereas, As is known today, this chronic disease of the lungs is an occupational disease which, in the case of Earl Stafford, is
the result of repeated inhalation of coal dust; and
Whereas, The tests and studies that Earl Stafford permitted to
be performed on him to determine the effects of pneumoconiosis have
helped develop treatment for the disease as well as allow coal
miners to receive compensation; and
Whereas, It is fitting that a lasting tribute be made to the
memory of Earl Stafford; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge at the junction of Route 65 and Route 49 in
Matewan, Mingo County, the "Earl Stafford Memorial Bridge"; and, be
it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Earl Stafford Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 34, Requesting Division of
Highways name bridge on Posey-Saxon Road, Raleigh County, "Sergeant
Billy Ray Holmes Memorial Bridge".
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
and adopted:
On page two, after the Resolved clause, by striking out the
words "Posey-Saxon Road" and inserting in lieu thereof the words
"Route 13 ";
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Senate Concurrent Resolution No. 34--Requesting Division of
Highways name the bridge on Route 13 in Arnett, Raleigh County, the
"Sergeant Billy Ray Holmes Memorial Bridge".
The question being on the adoption of the resolution (S. C. R.
No. 34), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 54, Requesting Division of
Highways name bridge located on Route 19 between Flat Top Post
Office and Egeria Road "Mills/Hatcher Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 62, Requesting Joint
Committee on Government and Finance study various economic
development, taxation and other policies aimed at promoting wage
adequacy.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 63, Requesting Division of
Highways install traffic signals at certain intersections of U. S.
Route 60.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 64, Requesting Joint
Committee on Government and Finance direct Legislative Oversight
Commission on Health and Human Resources Accountability study
recruitment and retention of Child Protective Services workers in
eastern and northern panhandles.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 65, Designating month of
December, 2005, Legislators Back to School Month.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Education.
Senate Concurrent Resolution No. 66, Requesting Joint
Committee on Government and Finance study potential benefits of new
municipal solid waste landfill, transfer stations and recycling
facilities in Wasteshed E.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 67, Requesting U. S.
Department of Agriculture's Forest Service, in developing
alternatives for Monongahela National Forest Plan Revision,
consider many values of well-managed forests to state.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural
Resources.
Senate Concurrent Resolution No. 68, Requesting Bureau of
Senior Services and Department of Environmental Protection study
most effective means to develop, maintain and expand meaningful
opportunities for state's senior citizens to participate in
environment volunteer projects.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural
Resources.
Senate Concurrent Resolution No. 69, Requesting state and federal government recognize counties of Berkeley and Jefferson as
part of beautiful and historic Shenandoah Valley.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Government
Organization.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 239, Creating Flood
Protective Planning Act.
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,
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: None.
Absent: Boley--1.
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. 239) 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, further consideration of the bill was deferred until the
conclusion of bills on today's third reading calendar.
Eng. Com. Sub. for Senate Bill No. 353, Authorizing Department
of Transportation promulgate legislative rules.
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,
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: None.
Absent: Boley--1.
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. 353) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, 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: None.
Absent: Boley--1.
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. 353) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 406, Establishing Uniform Environmental
Covenants Act.
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,
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: None.
Absent: Boley--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 406) 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. 418, Providing insurance
reform by expanding and providing funding and expanded powers for
Office of Consumer Advocacy.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 418 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes,
Caruth, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Harrison,
Helmick, Jenkins, Lanham, Love, McCabe, McKenzie, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder
and Tomblin (Mr. President)--27.
The nays were: Bowman, Chafin, Dempsey, Hunter, Kessler and
White--6.
Absent: Boley--1.
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. 418) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Sprouse, and by
unanimous consent, the remarks by Senators Deem, Yoder and Guills
regarding the passage of Engrossed Committee Substitute for Senate
Bill No. 418 were ordered printed in the Appendix to the Journal.
At the request of Senator Hunter, unanimous consent being
granted, the remarks by Senator Kessler regarding the passage of
Engrossed Committee Substitute for Senate Bill No. 418 were ordered
printed in the Appendix to the Journal.
At the request of Senator Plymale, and by unanimous consent,
the remarks by Senator Jenkins regarding the passage of Engrossed
Committee Substitute for Senate Bill No. 418 were ordered printed
in the Appendix to the Journal.
Eng. Senate Bill No. 421, Relating to apportionment of damages
in court actions involving tortious conduct in certain cases.
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,
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: None.
Absent: Boley--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 421) 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. 492, Relating to claims against state.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Prior to the call of the roll, Senator Fanning moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
On the passage of the bill,
the yeas were: Bailey, Barnes,
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)--32.
The nays were: None.
Absent: Boley--1.
Excused from voting: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 492) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, 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)--32.
The nays were: None.
Absent: Boley--1.
Excused from voting: Fanning--1.
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. 492) takes effect from passage.
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. 505, Creating Indigent
Defense Commission.
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,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Plymale, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Hunter, Oliverio and Prezioso--3.
Absent: Boley--1.
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. 505) 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. 616, Relating to priority of legislative
business for members and certain employees of Legislature.
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,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: Love--1.
Absent: Boley--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 616) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Love--1.
Absent: Boley--1.
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. 616) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2333, Establishing a program to encourage
voluntary reclamation of lands adversely affected by mining
activities.
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,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: Minear--1.
Absent: Boley--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2333) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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 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,
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: None.
Absent: Boley--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2783) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, 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: None.
Absent: Boley--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2783) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of
Eng. Senate Bill No. 288, Authorizing rental of vocational
rehabilitation facilities by school groups or certain other
organizations.
On third reading, coming up in deferred order, was again
reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 126, Relating to
educational benefits for children of certain deceased military.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 227, Exempting one motor vehicle
owned by resident on active duty from ad valorem taxes.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 290, Requiring each county board
of education hold public hearing on students wearing uniforms.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Chafin, the following amendment to the
bill was reported by the Clerk:
O
n page two, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-35. Dress codes requiring school uniforms for students.
(a) The Legislature hereby finds that the clothing and
footwear worn by students in public schools often preoccupy and
distract students from their major purpose for being in school,
which is obtaining an education. The Legislature finds that in
schools that have adopted a dress code requiring students to wear
school uniforms, disparities in student socioeconomic levels are less obvious and disruptive incidents are less likely to occur.
(b) The state board shall promulgate rules a rule in
accordance with article three-b, chapter twenty-nine-a of this
code. that allow a The rule shall require each county board to
implement develop an implementation plan for a dress code.
requiring students to wear a school uniform. The uniforms may be
required by the county board for either a school district, or for
any certain school within the district. The rules Additionally,
the rule that requires students to wear a school uniform beginning
before or with the school year commencing two thousand eight shall
provide at least the following:
(1) The county board may create an advisory committee
comprised of parents, school employees and students for the purpose
of considering whether the board should adopt a dress code
requiring school the type of uniforms for students in the district;
(2) The county board may create an advisory committee
comprised of parents, school employees and students for the purpose
of considering whether the board should adopt a dress code
requiring different school uniforms for students in any certain
school different schools within the district; and
(3) If the The advisory committee recommends to the board that
a dress code requiring school uniforms for students be adopted
either for the district or for any certain school within the
district, the advisory committee also shall may make recommendations on alternative methods of paying for the school
uniforms. and
(4) If the advisory committee recommends to the board that a
dress code requiring school uniforms for students be adopted either
for the district or for any certain school within the district and
if the advisory committee reports its recommendations on
alternative methods of paying for the school uniforms to the board,
the board may adopt a dress code requiring school uniforms for
students.
(c) Nothing in this section requires a county board to adopt
a dress code requiring school uniforms for students.
(d) (c) Nothing in this section requires any level of funding
by the Legislature, boards of education or any other agency of
government.
Following discussion,
The question being on the adoption of Senator Chafin's
amendment to the bill, the same was put and prevailed.
The bill (Com. Sub. for S. B. No. 290), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 341, Authorizing Department of
Health and Human Resources promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 414, Relating to child passenger safety and booster seats.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 427, Relating to health
maintenance organizations.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 455, Relating to financing of
environmental control activities by certain electrical utilities.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 463, Allowing supplemental assessment on
personal property when omitted from record books.
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 five, line ten, by striking out the word
"such" and inserting in lieu thereof the word "the";
On page three, section five, line thirty, after the word
"thereon" by changing the period to a colon and inserting the
following proviso: Provided, That any person who has been a
resident of the state less than one year prior to the assessment date shall not be required to pay any interest or penalty.;
On page three, section five, line thirty-eight, by striking
out the word "such" and inserting in lieu thereof the word "the";
And,
On page four, section five, line forty-seven, by striking out
the word "such" and inserting in lieu thereof the word "an".
The bill (S. B. No. 463), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 531, Relating to Hospice Licensure Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 550, Designating certain rural hospitals for
Medicare Critical Access Hospital Program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 659, Clarifying definition of "money
transmission".
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 661, Relating to juvenile
proceedings and multidisciplinary teams.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 731, Making supplementary appropriation of federal funds to Department of Transportation, Division of Public
Transit.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 732, Making supplementary appropriation from
state fund to Department of Transportation, Aeronautics Commission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 733, Making supplementary appropriation of
federal funds to Department of Transportation, Aeronautics
Commission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 734, Making supplementary appropriation of
federal funds to Miscellaneous Boards and Commissions, State
Mapping and Addressing Board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 739, Making supplementary appropriation to
Department of Health and Human Resources, Division of Health,
Hepatitis B Vaccine.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and 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. 580, Prohibiting political
subdivisions from regulating seeds.
Senate Bill No. 594, Authorizing county commissions adopt
ordinances to reduce false alarms.
Senate Bill No. 735, Relating to cancellation of motor vehicle
agreement.
Senate Bill No. 736, Repealing superceded sections relating to
proffers and conditions for final plat approval.
Senate Bill No. 737, Establishing time limit for licensing
board to issue final ruling.
Senate Bill No. 738, Prohibiting employing convicted felons as
emergency service personnel and others involved in homeland
security.
And,
Eng. House Bill No. 2813, Relating to requirements for
certificate of public convenience and necessity.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Sprouse.
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,
without objection, returned to the third order of business.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 24, 2005
Senate Executive Message No. 2
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your
advice and consent:
1.For Member, Real Estate Appraiser Licensing and
Certification Board, Linda York, Fairmont, Marion County, for the
term ending June 30, 2006.
2.For Member, Housing Development Fund, Everette E.
Sullivan, Dunbar, Kanawha County, for the term ending October 30,
2008.
3.For Secretary, Department of Commerce, L. Thomas Bulla,
Charleston, Kanawha County, to serve at the will and pleasure of
the Governor.
4.For Member, New River Community and Technical College
Board of Governors, Leslie Baker, Beckley, Raleigh County, for the
term ending June 30, 2005.
5.For Member, New River Community and Technical College
Board of Governors, William Blake, Lewisburg, Greenbrier County,
for the term ending June 30, 2005.
6.For Member, New River Community and Technical College
Board of Governors, Kay Carpenter, Webster Springs, Webster County,
for the term ending June 30, 2006.
7.For Member, New River Community and Technical College
Board of Governors, Robert Farley, Princeton, Mercer County, for
the term ending June 30, 2006.
8.For Member, New River Community and Technical College
Board of Governors, Edward Knight, Lewisburg, Greenbrier County,
for the term ending June 30, 2007.
9.For Member, New River Community and Technical College
Board of Governors, Marilyn Leftwich, White Sulphur Springs,
Greenbrier County, for the term ending June 30, 2007.
10.For Member, New River Community and Technical College
Board of Governors, David Nalker, Lewisburg, Greenbrier County, for
the term ending June 30, 2008.
11.For Member, New River Community and Technical College
Board of Governors, Vickie Nutter, Craigsville, Nicholas County,
for the term ending June 30, 2008.
12.For Member, New River Community and Technical College
Board of Governors, William Sherwood, Princeton, Mercer County, for
the term ending June 30, 2008.
13.For Member, Community and Technical College of Shepherd
Board of Governors, Dave Blythe, Martinsburg, Berkeley County, for
the term ending June 30, 2005.
14.For Member, Community and Technical College of Shepherd
Board of Governors, Bill Clark, Berkeley Springs, Morgan County,
for the term ending June 30, 2005.
15.For Member, Community and Technical College of Shepherd
Board of Governors, The Honorable Vicki Douglas, Martinsburg,
Berkeley County, for the term ending June 30, 2006.
16.For Member, Community and Technical College of Shepherd
Board of Governors, Bob Kutcher, Kearneysville, Jefferson County,
for the term ending June 30, 2006.
17.For Member, Community and Technical College of Shepherd
Board of Governors, Taylor Perry, Martinsburg, Berkeley County, for
the term ending June 30, 2007.
18.For Member, Community and Technical College of Shepherd
Board of Governors, Maria Lorensen, Martinsburg, Berkeley County,
for the term ending June 30, 2007.
19.For Member, Community and Technical College of Shepherd
Board of Governors, Jane Peters, Charles Town, Jefferson County,
for the term ending June 30, 2008.
20.For Member, Community and Technical College of Shepherd
Board of Governors, Jim Rodgers, Martinsburg, Berkeley County, for
the term ending June 30, 2008.
21.For Member, Community and Technical College of Shepherd
Board of Governors, Shirley Tolbert, Charles Town, Jefferson
County, for the term ending June 30, 2008.
22.For Member, Forest Management Review Commission, The
Honorable James Willison, Sistersville, Tyler County, for the term
ending March 14, 2009.
23.For Member, Board of Control for Southern Regional
Education Board, The Honorable Roman W. Prezioso, Jr., Fairmont,
Marion County, for the term ending June 30, 2008.
24.For Member, Board of Control for Southern Regional
Education Board, The Honorable Robert H. Plymale, Ceredo, Wayne
County, for the term ending June 30, 2006.
25.For Member, Board of Control for Southern Regional
Education Board, The Honorable Thomas Campbell, Lewisburg,
Greenbrier County, for the term ending June 30, 2005.
26.For Member, Board of Control for Southern Regional
Education Board, Jay Cole, Charleston, Kanawha County, for the term
ending June 30, 2008.
27.For Member, Motor Vehicle Dealers Advisory Board, Kelly
Smith, Charleston, Kanawha County, for the term ending June 30,
2007.
28.For Member, Motor Vehicle Dealers Advisory Board, Patrick
Allen, Pennsboro, Ritchie County, for the term ending June 30,
2006.
29.For Member, Motor Vehicle Dealers Advisory Board, James
Williams, Martinsburg, Berkeley County, for the term ending June
30, 2005.
30.For Member, Motor Vehicle Dealers Advisory Board, Polly
Diller, Charleston, Kanawha County, for the term ending June 30,
2007.
31.For Member, Council for Community and Economic
Development, Michael J. Basile, Hurricane, Putnam County, for the
term ending June 30, 2008.
32.For Member, Pharmaceutical Cost Management Council, Leah
Summers, Cannonsburg, Pennsylvania, for the term ending June 30,
2008.
33.For Member, Regional Jail and Correctional Facility
Authority, Garry E. Wheeler, Hinton, Summers County, for the term
ending June 30, 2008.
34.For Member, Oil and Gas Conservation Commission, Robert
L. Radabaugh, Sand Fork, Gilmer County, for the term ending July
27, 2010.
35.For Member, Oil and Gas Conservation Commission, Barry
Lay, Glenville, Gilmer County, for the term ending July 27, 2008.
36.For Member, Oil and Gas Conservation Commission, Anthony
Gum, Buckhannon, Upshur County, for the term ending July 27, 2006.
37.For Member, Eastern West Virginia Community and Technical
College Board of Governors, The Honorable Phyllis M. Cole,
Petersburg, Grant County, for the term ending June 30, 2008.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee
on Confirmations.
On motion of Senator Love, consideration of the nominations
immediately hereinbefore reported were incorporated with Senate
Executive Message No. 3-W and were made a special order of business
for Saturday, April 9, 2005, at 11 a.m.
The Senate again proceeded 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 Bill No. 100, Exempting certain regulations for wrecker
services.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (S. B. No. 100) 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 the Judiciary, with an amendment from the
Committee on Transportation and Infrastructure pending.
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. 194 (originating in the
Committee on the Judiciary), Relating to Affordable Housing Trust
Fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 194 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-4c; to amend and reenact §11-22-2 of said code;
and to amend and reenact §31-18D-5, §31-18D-6, §31-18D-7 and §31-
18D-9 of said code, all relating to the West Virginia Affordable
Housing Trust Fund generally; imposing a fee of twenty dollars on
the transfer of real property in addition to the excise tax imposed
on real property transfers; imposing a fee of twenty dollars in
addition to the consumers sales tax on sales of mobile homes;
dedicating the revenues from the additional fees to the West
Virginia Affordable Housing Trust Fund; authorizing expenditures
for administrative and operating expenses; changing the composition
of the Board of Directors of the West Virginia Affordable Housing
Trust Fund by reducing the number of members appointed representing
nonprofit organizations; adding additional members representing
real estate and manufactured housing groups; reducing the number of
votes necessary for Board action; providing that the West Virginia
Housing Development Fund shall establish best practices for
recipients of trust fund moneys; permitting trust fund moneys to be
used for initial operational expenses of local governmental
programs to reduce substandard housing or inappropriate land use
patterns; and eliminating certain restrictions on application
procedures for trust fund moneys.
With the recommendation that the committee substitute for
committee substitute 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. 194)
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. 267, Providing funding for teen court
programs.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 267 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §49-5-13d
of the Code of West Virginia, 1931, as amended, relating to teen
court programs; and authorizing counties to adopt a mandatory fee
to fund such teen court programs.
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. 267) 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 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. 444, Establishing offense of careless driving.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 444 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17C-4A-1, §17C-4A-2, §17C-4A-3 and §17C-4A-4, all
relating to careless driving which causes the unintentional death
or serious bodily injury of another person generally; defining
"careless driving which causes the unintentional death or serious
bodily injury of another person"; establishing the offense of careless driving which causes the unintentional death or serious
bodily injury of another person; providing criminal penalties for
violations; requiring the Commissioner of the Division of Motor
Vehicles to assess points against the driver's license of a person
convicted of careless driving which causes the unintentional death
or serious bodily injury of another person; requiring the
Commissioner of the Division of Motor Vehicles to suspend the
license of a person convicted of a second or subsequent offense of
careless driving that causes the unintentional or serious bodily
injury of another person; and requiring the Commissioner of the
Division of Motor Vehicles to propose legislative rules.
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. 444) 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 Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 454, Expanding coverage in Children's Health
Insurance Program.
And,
Senate Bill No. 686, Establishing Alzheimer's Disease
Registry.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bills (S. B. Nos. 454 and 686) contained in the
preceding report from the Committee on Health and Human Resources
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 Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 485, Relating to powers and duties of Board of
Pharmacy.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (S. B. No. 485) contained in the preceding report
from the Committee on Health and Human 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 Government Organization.
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. 521, Requiring study on flood and general
property insurance for State Board of Education.
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. 521) 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 Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 533, Relating to parental notification for
abortions performed on unemancipated minors.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 533 (originating in the
Committee on Health and Human Resources)--A Bill to amend and
reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8
and §16-2F-9 of the Code of West Virginia, 1931, as amended, all
relating to parental notification requirements for abortions
performed on unemancipated minors; defining terms; providing for a
waiver; requiring notice to minor of right of petition to family
court; reporting requirements; providing remedies; specifying when
notice not required; severability; and providing penalties.
And,
Senate Bill No. 617, Authorizing remote dispensing and
delivery of prescription drugs.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 617 (originating in the Committee on Health and Human Resources)--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.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 533 and 617) contained
in the preceding report from the Committee on Health and Human
Resources 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
the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 600, Reducing time prosecutor has to try case.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 600 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §62-3-21
of the Code of West Virginia, 1931, as amended, relating to
requiring prosecuting attorneys to show cause why incarcerated
defendants should not be released on bond at beginning of a new
term of court.
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. 600) 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 Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 666, Relating to exemptions for certain
insurance companies from business franchise tax and corporation net
income tax.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 666 (originating in the
Committee on Banking and Insurance)--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.
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,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 666) contained in the
preceding report from the Committee on Banking and Insurance 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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 674, Relating to textbook sales at public
institutions of higher education.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 674 (originating in the
Committee on Education)--A Bill to amend and reenact §18B-10-14 of
the Code of West Virginia, 1931, as amended, relating to textbook
sales at state institutions of higher education; requiring
institutions to post book lists; and prohibiting inducements to
purchase certain textbooks.
And,
Senate Bill No. 701, Eliminating requirement statewide
assessment occur at specific grade levels.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 701 (originating in the
Committee on Education)--A Bill to amend and reenact §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; eliminating
certain assessment provisions for grades kindergarten through
second grade; limiting the use of any assessment for grades
kindergarten through second grade; eliminating obsolete language requiring a study; and requiring an Algebra I end-of-course exam.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 674 and 701) contained
in the preceding report from the Committee on Education were each
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. 743 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §62-2-12 of the Code of
West Virginia, 1931, as amended, relating to allowing preindictment
detainees an opportunity for bail reduction at change in term of
court.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 743) 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 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. 744 (originating in the Committee on the
Judiciary)--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.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 744) 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 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. 745 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §62-1-5a of the Code of
West Virginia, 1931, as amended, relating to authorizing use of
citations in lieu of arrest warrants for certain offenses.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 745) 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. 746 (originating in the Committee on Finance)-
-A Bill to amend and reenact §11-13A-3b of the Code of West
Virginia, 1931, as amended, relating to reducing the rate of tax
paid on privilege of severing timber after specified date; and
deleting obsolete language.
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. 746) 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 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".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 2527, Authorizing employees of the
multicounty vocational schools to administer the performance tests
of service personnel in the counties served by the school.
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,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 29 (originating in the Committee
on Natural Resources), Relating to law-enforcement powers and
duties of conservation officers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 29 (originating in
the Committee on the Judiciary)--A Bill to amend and reenact §20-7-
4 of the Code of West Virginia, 1931, as amended, relating to law-
enforcement powers and duties of conservation officers; procuring
and executing arrest and search warrants on certain lands and
waters; empowering conservation officers to stop and board vessels
to conduct safety checks to ensure vessels are properly equipped
and licensed; and making technical corrections.
With the recommendation that the committee substitute for 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 Com. Sub. for S. B. No. 29)
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 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. 477, Requiring paper copy of vote when using
electronic voting system.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 477 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-4A-9
and §3-4A-28 of the Code of West Virginia, 1931, as amended, all
relating to vote recording devices; requiring a paper copy of a
voter's votes when using an electronic voting system to vote;
establishing standards; providing that the paper copy can only be
used for a random count of precincts or if an election is
contested, challenged or disputed; authorizing rules; and clarifying post-election custody procedures for voting devices
material.
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. 477) 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.
On motion of Senator Kessler, the bill was referred to the
Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 487, Authorizing use of ballot-marking
accessible voting systems.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 487 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §3-4A-9a and §3-4A-9b, all relating to electronic voting systems; authorizing use of ballot-marking accessible voting
systems; setting forth minimum requirements; authorizing precinct
ballot scanning devices; and setting minimum requirements.
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. 487) 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 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. 638, Relating to filing campaign reports in
timely manner.
Senate Bill No. 662, Relating to maintaining campaign
financial records.
Senate Bill No. 664, Providing county clerk assist Secretary
of State in determining validity of nominating petitions.
And,
Senate Bill No. 692, Removing provision certain municipal
officers required to have paid real or property taxes prior to election.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (S. B. Nos. 638, 662, 664 and 692) contained in
the preceding report from the Committee on the Judiciary were each
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and
resumed business under the fourth order.
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. 442 (originating in the
Committee on the Committee on the Judiciary), 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 Com. Sub. for Senate Bill No. 442 (originating in the Committee on Finance)--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 and §29-22C-34, all
relating generally to authorizing table games at licensed horse and
dog racetracks; setting initial percentage for operation and
administration expenses; short title; 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;
providing for local option elections; qualifications for applicant
for license to operate authorized table games at a racetrack
facility; floor plan requirements; management service contracts;
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 West Virginia Infrastructure Fund;
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; and exemption from certain federal laws relating to
shipment of gambling devices.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick requested unanimous consent that the bill
(Com. Sub. for Com. Sub. for S. B. No. 442) contained in the
preceding report from the Committee on Finance be taken up for
immediate consideration.
Which consent was not granted, Senator Harrison objecting.
On motion of Senator Helmick, the bill (Com. Sub. for Com.
Sub. for S. B. No. 442) 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 558, Relating to management and investment of
public funds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 558 (originating in the
Committee on Finance)--A Bill to repeal §12-6-10 and §12-6-15 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§12-1-2, §12-1-12 and §12-1-13 of said code; to amend said code by
adding thereto a new section, designated §12-1-12b; to amend and
reenact §12-2-2 and §12-2-3 of said code; to amend and reenact §12-
3A-4 of said code; to amend and reenact §12-6-1a, §12-6-5, §12-6-8
and §12-6-13 of said code; to amend and reenact §12-6B-4 of said
code; and to amend said code by adding thereto a new article,
designated §12-6C-1, §12-6C-2, §12-6C-3, §12-6C-4, §12-6C-5, §12-
6C-6, §12-6C-7, §12-6C-8, §12-6C-9, §12-6C-10, §12-6C-11, §12-6C-
12, §12-6C-13, §12-6C-14, §12-6C-15, §12-6C-16, §12-6C-17, §12-6C-
18, §12-6C-19 and §12-6C-20, all relating generally to the
management and investment of public funds; authorizing investment
accounts for the Board of Treasury Investments; adding State
Treasurer to entities receiving reports from depositories regarding
accounts not approved by the State Treasurer; allowing the Board of
Treasury Investments to accept funds remitted by the State
Treasurer; codifying and clarifying the duties of the State
Treasurer in administering the Federal Cash Management Improvement
Act; authorizing the Federal Cash Management Interest Fund and the
Federal Cash Management - Administration Fund; enabling the Board
of Treasury Investments to invest moneys in the consolidated fund;
codifying current method of handling receipts using the state accounting system; authorizing Legislature to transfer moneys;
requiring spending units to comply with procedures for receipt and
disbursement of moneys not due the state; clarifying roles and
administration of the West Virginia pay card; transferring
management of consolidated fund from Investment Management Board to
West Virginia Board of Treasury Investments; removing provision
that the Investment Management Board can order the State Auditor
and the State Treasurer to transmit funds; creating West Virginia
Board of Treasury Investments; changing the date the debt capacity
report is due from the first day of October to the fifteenth day of
January; providing purposes, legislative findings and definitions
for the Board of Treasury Investments; specifying membership of
Board, appointment of certain directors of Board, terms of office,
vacancies in office, removal of directors, expenses of directors,
meetings and powers of Board; transferring management, control and
administration of consolidated fund to the Board of Treasury
Investments; requiring annual review of asset allocation plans and
investment policies; specifying requirements and restrictions on
investments; authorizing loans for industrial development; handling
of securities; establishing the standard of care for investments;
transferring existing cash, securities and other investments to the
Board of Treasury Investments; requiring audits, financial
statements and reports; continuing the current powers of spending
units as to investments; transferring all loans from the consolidated fund to the Board of Treasury Investments; creating
the fee fund and the investment fund; authorizing fees for
administration and expenses; and termination of Board.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick requested unanimous consent that the bill
(Com. Sub. for S. B. No. 558) contained in the preceding report
from the Committee on Finance be taken up for immediate
consideration.
Which consent was not granted, Senator Sprouse objecting.
On motion of Senator Helmick, the bill (Com. Sub. for S. B.
No. 558) 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.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Boley.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 25, 2005, at 11 a.m.
____________