(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.
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