(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
FORTY-EIGHTH DAY
____________
Charleston, W. Va., Monday, March 28, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
On motion of Senator Chafin, the Senate recessed for thirty
minutes.
Upon expiration of the recess, the Senate reconvened.
Kylie Gobel of South Charleston, West Virginia, and a student
at Calvary Baptist Academy, Teays Valley, West Virginia, proceeded
in the singing of "I Can Only Imagine".
Pending the reading of the Journal of Friday, March 25, 2005,
On motion of Senator Bowman, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments, as amended by the House of Delegates, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment to
the Senate amendments, as to
Eng. House Bill No. 2129, Creating misdemeanor offense of
motion picture piracy.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the Senate
amendments to the bill was reported by the Clerk:
On page one, section fifty-eight, after the section caption,
by striking out all of subsection (a) and inserting in lieu thereof
a new subsection (a), to read as follows:
(a) (1) Any person who knowingly operates the audiovisual
recording function of any device in a motion picture theater in
order to record the motion picture that is being exhibited, without
the written consent of the motion picture theater owner, and with
intent to distribute, or cause the distribution of, multiple copies
of the motion picture, for pecuniary gain, is guilty of a felony
and, upon conviction thereof, shall be fined not less than five
hundred dollars nor more than one thousand dollars or imprisoned in
a correctional facility for not more than one nor more than ten
years, or both fined and imprisoned.
(2) Any person who knowingly operates the audiovisual
recording function of any device in a motion picture theater in order to record the motion picture that is being exhibited, without
the written consent of the motion picture theater owner, and with
intent to distribute, or cause the distribution of, multiple copies
of the motion picture, but not for pecuniary gain, is guilty of a
felony and, upon conviction thereof, shall be fined not less than
one hundred dollars nor more than five hundred dollars or
imprisoned in a correctional facility for not less than one year
nor more than three years, or both fined and imprisoned or, in the
discretion of the court, be confined in a regional jail not more
than one year and fined not more than one thousand dollars.
(3) Any person who knowingly operates the audiovisual
recording function of any device in a motion picture theater in
order to record the motion picture that is being exhibited, without
the written consent of the motion picture theater owner, and
without the intent to distribute, or cause the distribution of,
multiple copies of the motion picture, is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than one
hundred dollars.
(4) Any person who commits the acts described in subdivision
(1) of this subsection is civilly liable for actual damages arising
from his or her distribution of copies of the motion picture. A
conviction for the offense described in said subdivision is not a
prerequisite to the maintenance of a civil action authorized by
this subdivision.
On motion of Senator Chafin, the Senate concurred in the
foregoing House of Delegates amendment to the Senate amendments to
the bill.
Engrossed House Bill No. 2129, as amended, was then put upon
its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2129) passed with its Senate amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2570--A Bill to amend and
reenact §7-6-2 of the Code of West Virginia, 1931, as amended; to
amend and reenact §8-13-22a of said code; and to amend and reenact §18-9-6 of said code, all relating generally to depositories for
county, municipal or county board of education funds; excepting
banking institutions from the requirement to post bond or other
security for the deposit of county, municipal or county board of
education funds when the deposits are placed in certificates of
deposits through a designated state depository; and conditions.
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 from passage, of
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.
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. Com. Sub. for House Bill No. 2812--A Bill to extend the
time for the Board of Education of Preston County to meet as a
levying body for the purpose of presenting the voters an election
to enact a special levy to provide school funding.
Referred to the Committee on Government Organization.
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. 2962--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §3-6-13, relating to authorizing the Secretary
of State to train, appoint and pay expenses for volunteer election
observers.
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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2981--A Bill finding and
declaring certain claims against the state and its agencies to be
moral obligations of the state; and directing the Auditor to issue
warrants for the payment thereof.
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. 3021--A Bill to amend and reenact
§30-37-7, §30-37-8, §30-37-9, §30-37-10 and §30-37-11 of the Code
of West Virginia, 1931, as amended, all relating to amending
licensure procedures for massage therapists; providing procedures
for renewal and reinstatement of licenses; providing penalties; providing that disciplinary sanctions may be imposed in order to
enforce the provisions regulating massage therapists; including
certain prohibited acts while engaged as a massage therapist;
providing a hearing process when licenses are suspended, revoked or
not renewed; and raising the criminal fine from five hundred
dollars to five thousand dollars.
Referred to the Committee on Government Organization.
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. 3031--A Bill to amend and reenact §30-22-
1, §30-22-2, §30-22-3, §30-22-6, §30-22-7 and §30-22-8 of the Code
of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §30-22-19, all relating to
landscape architects; prohibiting unlicensed practice of landscape
architecture; revising licensure requirements; providing for fees
to be set by legislative rule; providing for reinstatement of
licenses; providing for rule-making authority; and making technical
corrections.
Referred to the Committee on Government Organization.
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. Com. Sub. for House Bill No. 3167--A Bill to create the Beckley-Raleigh County Building Code Authority to adopt and enforce
the State Building Code for the City of Beckley and Raleigh County.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
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. 3347--A Bill to extend the time for the
County Commission of Pocahontas County to meet as a levying body
for the purpose of transacting business generally and particularly
the business of laying the regular county levy to maintain and
provide for a county budget.
At the request of Senator Helmick, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Helmick, the constitutional rule
requiring a bill to be read on three separate days was suspended by
a vote of four fifths of the members present, taken by yeas and
nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell,
Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 3347) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3347) passed with its title.
Senator Helmick moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3347) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 7--Requesting the Division of
Highways name the bridge located 0.01 miles south of County Route
26 and located on Route 85 in the community of Van, West Virginia,
the "Thom Cline Memorial Bridge".
Whereas, Thom Cline was a schoolteacher with thirty-five years
of service; and
Whereas, Tragically, Thom Cline lost his life in a house fire
January 6, 2003; and
Whereas, Thom Cline opened his students' eyes to the world
with trips to Europe, sponsored school beautification projects and
planned, designed and organized the annual school honor banquet;
and
Whereas, Thom Cline respected every school colleague and staff member and truly loved and cared for them unconditionally; and
Whereas, Thom Cline was a person who kindled the spirits of
his students by his love and his commitment and who enriched the
lives of all who knew him personally or knew of him through others;
and
Whereas, Thom Cline's contributions to his community and to
the memories of his students and fellow citizens will be long
cherished; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge located 0.01 miles south of County Route 26 and
located on Route 85 in the community of Van, West Virginia, the
"Thom Cline Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Secretary of
Transportation, the Commissioner of the Division of Highways, the
family of Thom Cline and appropriate news media.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 30--Recognizing the need to
increase resources and make other changes essential to the elimination of racial and ethnic health disparities in West
Virginia.
Whereas, Racial, ethnic and cultural groups have a
disproportionately high burden of disease, disability and death
because minorities are less likely than whites to receive health
services; and
Whereas, More than twice as many pregnant African-American
women than pregnant Caucasian women in West Virginia go without
prenatal care within the first trimester of pregnancy; and
Whereas, Within West Virginia, more than twice as many
African-Americans than Caucasians die from diabetes and prostate
cancer; and
Whereas, Having health insurance coverage does not guarantee
receipt of needed medical care among older African-American adults
living in West Virginia; and
Whereas, A state should have a diverse health care workforce
with providers who know the values, beliefs, traditions and
cultures of the patients they serve; and
Whereas, The database inventory of the Bureau for Public
Health does not include African-American, Indian or other minority
physicians practicing in West Virginia; and
Whereas, Data are essential for policymakers, state agencies
and private health care systems to identify minority health
disparities, to improve minority health programs and to measure progress in eliminating disparities; and
Whereas, The West Virginia Minority Health Chart Book
reporting data on the health of minorities in this state has not
been updated since its publication in 1999; and
Whereas, A strong state minority health office needs
sufficient human and financial resources, a statewide minority
health plan, a statewide advisory group and data on health
disparities and performance measures to address racial and ethnic
health disparities and design strategies to eliminate disparities;
and
Whereas, A Minority Health Program Coordinator is employed by
the Division of Rural Health, but the Division receives no
dedicated state funding for minority health programing and there is
no active minority health advisory group nor is there a statewide
minority health plan; therefore, be it
Resolved by the Legislature of West Virginia:
That the state needs to increase resources and make other
changes essential to the elimination of racial and ethnic health
disparities; and, be it
Further Resolved, That the Osteopathic Medical School, the
Marshall School of Medicine, the West Virginia University School of
Medicine and other state colleges and universities should strive to
produce a diverse health care workforce that mirrors the state
population and a workforce that is trained in the cultural and linguistic differences of the minority populations they may serve;
and, be it
Further Resolved, That the Bureau for Public Health should
collect, analyze and report health data by race and ethnicity at
regular intervals not exceeding every two years so that it is
available to help determine what programs and strategies are
essential to eliminating minority health disparities; and, be it
Further Resolved, That the Bureau for Public Health seek
funding from private and public sources for the operation of the
Minority Health Program; and, be it
Further Resolved, That Bureau for Public Health should rename
its Minority Health Program the Office of Minority Health and
establish a statewide minority health advisory council with members
from both within and without government which should be charged
with preparing a statewide minority health plan; and, be it
Further Resolved, That the Minority Health Program is
encouraged to partner with hospitals and other providers, academic
institutions and others to take advantage of resources available
through the partners.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 31--Recognizing the importance of increasing funding to the special five-year demonstration
professional development school project to improve the academic
achievement of all children in the State of West Virginia.
Whereas, The citizens of the State of West Virginia realize
that well-educated children and families are essential for
maintaining safe and economically sound communities; and
Whereas, Low student achievement is associated with increased
delinquent behavior, higher drug use and pregnancy rates, and
higher unemployment and adult incarceration rates; and
Whereas, Each year, more students enter school with
circumstances in their lives that schools are ill-prepared to
accommodate; and
Whereas,
The achievement of all students can be dramatically
improved when schools focus on factors within their control, such
as the instructional day, curriculum and teaching practices; and
Whereas, Ensuring access for all students to the rigorous
curriculum they deserve requires effective teaching strategies that
include, but are not limited to, using a variety of instructional
approaches, using varied curriculum materials, engaging parent and
community involvement and support in the educational process and
providing the professional development, support and leadership
necessary for an effective school; and
Whereas,
House Bill 4669 was enacted by the West Virginia
Legislature during the 2004 regular session to address these policy concerns by mandating the creation of a five-year special
demonstration professional development school project to commence
with the 2004-2005 school year; and
Whereas, Select Committee E on racial profiling and related
minority issues endorses this special demonstration professional
development school project after hearing testimony from the
project's chief administrator during the 2004 legislative interim
session; and
Whereas,
No specific funding to implement the mandated special
demonstration professional development school project was
appropriated for any fiscal year of the project, resulting in an
unfunded mandate; and
Whereas,
Additional funding is needed in order to fully
effectuate the special demonstration professional development
school project; therefore, be it
Resolved by the Legislature of West Virginia:
That an increase in funding for the term of the special
demonstration professional development school project is essential
to fund the implementation and operation of the special
demonstration professional development school project mandated by
House Bill No. 4669 in the 2004 regular session commencing with the
2004-2005 fiscal year, including a supplemental appropriation for
that fiscal year and special budget appropriations for the
remaining fiscal years of the mandated special demonstration professional development school project.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 32--Requesting the Joint
Committee on Government and Finance to study the creation of a
small disadvantaged business loan pool offered by certain private
local financial institutions and guaranteed by the State of West
Virginia.
Whereas,
It is important to create a small disadvantaged
business loan pool to be offered by certain private local financial
institutions and guaranteed by the state to assist in the
development of small disadvantaged businesses throughout the State
for the benefit of disadvantaged individuals and communities; and
Whereas, The citizens of the State of West Virginia realize
that offering business loans guaranteed by the state to small
disadvantaged businesses benefits all citizens of the state by
encouraging small disadvantaged business growth and creating new
employment opportunities in disadvantaged communities; and
Whereas, The Economic Development Authority has actively been
working in conjunction with various stakeholders to study the
creation of a small disadvantaged business loan pool; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the creation of a small disadvantaged business
loan pool guaranteed by the state to encourage small disadvantaged
business growth and the creation of employment opportunities to
benefit disadvantaged individuals and communities; and, be it
Further Resolved, That the Legislature should encourage and
monitor the creation of a small disadvantaged business loan pool;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 33--Requesting the Joint Committee on Government and Finance to make a study of
participation of minority and other disadvantaged small businesses
in the process of competing for and obtaining state contracts.
Whereas, During its 2004 Regular Session, the Legislature
adopted House Concurrent Resolution 25, recognizing, in part, that
business ownership among racial and ethnic minorities in this state
appears to be proportionately less than minority business ownership
nationwide and recommending that the state take steps to encourage
minority small business development, including reviewing state
procurement policies and practices; and
Whereas, The state has traditionally had no established
program to encourage effective and meaningful participation of
African-Americans and other minorities in the process of competing
for and awarding of state contracts for goods and services; and
Whereas, The Small Business Administration of the United
States Government has in place programs to encourage participation
in the procurement of federal government contracts by small
businesses owned and controlled by socially and economically
disadvantaged individuals, including racial and ethnic minorities
and women; and
Whereas, The West Virginia Department of Transportation is
required by federal law to develop and has in place a program to
certify "disadvantaged business enterprises" as a means of
fostering equal opportunity for small businesses owned and controlled by socially and economically disadvantaged individuals
with regard to federally funded, Department-assisted contracts in
state highway and transit programs; and
Whereas, It appears that the state should have programs
similar to those administered by the federal Small Business
Administration and the United States Department of Transportation;
and
Whereas, It is in the interest of this state to encourage
successful development of small minority-owned businesses;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of developing a program, similar
to the programs operated by the federal Small Business
Administration and the United States Department of Transportation,
to encourage minority small business participation in competing for
and obtaining state contracts to be implemented by the Department
of Administration and, possibly, by other agencies; and, be it
Further Resolved, That any study should include, at a minimum,
a review of the disadvantaged business programs of the federal
Small Business Administration, the United States Department of
Transportation, the West Virginia Department of Transportation and
any other similar programs; a review of how state government
contracts are awarded; and consideration of how to develop goals for awards of contracts to disadvantaged businesses and provide for
reports on the meeting of such goals by state agencies; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with the
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 51--Requesting the Joint
Committee on Government and Finance to study the need to provide
low-cost spay and neuter programs across the state and the role
that veterinarians working out of private sector mobile vans
equipped to provide low-cost spay and neuter services to low-income
and disadvantaged residents.
Whereas, Some areas of this state are besieged by increasing
numbers of unwanted and free-roaming domestic animals which
threaten livestock and spread disease among other animals; and
Whereas, Many owners of domestic animals are without the means
to spay or neuter their domestic animals or to properly care for
their unplanned offspring; and
Whereas, The use of a privately donated mobile van equipped to
provide low-cost spay and neuter services to the citizens of
Barboursville, West Virginia, and the surrounding areas has proven
to be cost-effective and efficient; and
Whereas, Because of restrictions placed on the use of these
properly equipped mobile vans, they are prohibited from serving a
more extensive area; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance to study the need to provide low-cost spay
and neuter programs across the state and the role that
veterinarians working out of private sector mobile vans equipped to
provide low-cost spay and neuter services to low income and
disadvantaged residents; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on March 28, 2005, he had approved Enr.
Senate Bill No. 146.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 267, Providing funding for teen
court programs.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 24, 2005;
And,
Com. Sub. for Senate Bill No. 717, Permitting Wetzel County
Hospital provide alternate retirement plan for new employees.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 23, 2005;
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 417, Providing for organization and joint
ownership of county and municipal development authorities.
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. 417) 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
Com. Sub. for Senate Bill No. 477, Requiring paper copy of
vote when using electronic voting system.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 24, 2005;
And,
Senate Bill No. 628, Establishing State Trails Coordinator.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 23, 2005;
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
Petitions
Senator Minear presented a petition from Jeanette M. Paugh and
numerous Tucker County school employees, supporting various
education-related legislation, including teacher pay raises,
pension reform and additional school funding.
Referred to the Committee on Finance.
Senator Unger presented a petition from John A. Massey and
numerous West Virginia residents, supporting a statewide referendum
to authorize table games at licensed horse and dog racetracks.
Referred to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 71, Requesting Governor
proclaim fourth Friday of April, 2005, "Children's Memorial Flag
Day".
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Sprouse, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 72, Honoring families of West
Virginia soldiers who have made ultimate sacrifice to our state and
nation by presentation of "Mountaineer Freedom Medal".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Military.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 29, Relating
to law-enforcement powers and duties of conservation officers.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 29) 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 Com. Sub. for Senate Bill No. 194, Relating
to Affordable Housing Trust Fund.
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, Chafin,
Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick,
Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Sharpe, Yoder and Tomblin (Mr.
President)--25.
The nays were: Barnes, Boley, Bowman, Caruth, Harrison,
Sprouse, Unger, Weeks and White--9.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 194) 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. 357, Authorizing Department
of Revenue 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,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 357) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 357) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the sixth order of business, which agenda
includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 194, Relating
to Affordable Housing Trust Fund.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Yoder, the Senate reconsidered the vote
as to the passage of the bill.
The vote thereon having been reconsidered,
The question again being on the passage of the bill, the yeas
were: Bailey, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster,
Helmick, Hunter, Jenkins, Kessler, Lanham, McCabe, Minard, Minear,
Oliverio, Plymale, Prezioso, Sharpe and Tomblin (Mr.
President)--20.
The nays were: Barnes, Boley, Bowman, Caruth, Deem, Guills, Harrison, Love, McKenzie, Sprouse, Unger, Weeks, White and
Yoder--14.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 194) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 386, Authorizing Department
of Military Affairs and Public Safety 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,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 386) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No 386) 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. 399, Relating to ability of
physician to refuse to provide medical treatment 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,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 399) 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. 439, Exempting certain
carriers of solid waste from certificate of convenience
requirements.
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, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McCabe,
Plymale, Sprouse, Unger, Yoder and Tomblin (Mr. President)--23.
The nays were: Barnes, Boley, Hunter, McKenzie, Minard,
Minear, Oliverio, Prezioso, Sharpe, Weeks and White--11.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 439) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Com. Sub. for Senate Bill No. 442, Relating
generally to authorizing table games at licensed horse and dog
racetracks.
On third reading, coming up in regular order, with an
amendment offered by Senators Weeks and Sprouse pending, and with
the right having been granted on Friday, March 25, 2005, for other
amendments to be received on third reading, 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 second reading calendar.
Com. Sub. for Senate Bill No. 444, Establishing offense of
careless driving.
On third reading, coming up in regular order, with the right
having been granted on Friday, March 25, 2005, for amendments to be
received on third reading, was reported by the Clerk.
On motions of Senators Caruth and Hunter, the following
amendments to the bill were reported by the Clerk, considered
simultaneously, and adopted:
On pages two and three, section one, by striking out all of
subdivision (1);
On page three, section one, line nine, by striking out "(2)";
On pages three and four, by striking out all of section two,
and inserting in lieu thereof a new section two, to read as follows:
§17C-4A-2. Enhanced penalties for careless driving causing
unintentional death or serious bodily injury to
another person; penalties
.
Any person who drives any vehicle upon any street or highway,
or upon any residential street, or in any parking area, or upon the
ways of any institution of higher education, whether public or
private, or upon the ways of any state institution, or upon the
property of any county boards of education, or upon any property
within the State Park and Public Recreation System established by
the Director of the Division of Natural Resources pursuant to
section three, article four, chapter twenty of this code who is
found beyond a reasonable doubt to have both violated a provision
of chapter seventeen of this code and also to have acted in the
absence of due care and attention, which violation of statute and
absence of due care and attention, in combination, proximately
caused a serious bodily injury or unintentional death, shall, upon
conviction of the violation, be both fined up to an additional two
thousand dollars and be assessed three additional points against
the person's driver's license.;
And,
On pages four and five, by striking out all of section four.
The bill (Com. Sub. for S. B. No. 444), as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 444 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 444) 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. 487, Authorizing use of
ballot-marking accessible voting systems.
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 second reading calendar, following
consideration of Committee Substitute for Committee Substitute for
Senate Bill No. 442, already placed in that position.
Eng. Senate Bill No. 521, Requiring study on flood and general
property insurance for State Board of Education.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 521) 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. 539, Allowing Board of
Dental Examiners suspend license of certain dentists.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 539) 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. 548, Relating to crime of
assault and battery upon Public Service Commission motor carrier
inspectors.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 548) 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. 558, Relating to management
and investment of public funds.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Sprouse--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 558) 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. 580, Prohibiting political
subdivisions from regulating seeds.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 580) 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. 594, Authorizing county commissions adopt
ordinances to reduce false alarms.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 594) 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. 600, Requiring bond review
of incarcerated defendants at beginning of new term of court.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 600) 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. 620, Relating to
speed-measuring devices used by law-enforcement officers; training.
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. 620 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio, Prezioso, Sharpe, Unger, Weeks,
White, Yoder and Tomblin (Mr. President)--29.
The nays were: Chafin, Deem, Minear, Plymale and Sprouse--5.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 620) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe,
McKenzie, Minard, Oliverio, Prezioso, Sharpe, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--29.
The nays were: Chafin, Deem, Minear, Plymale and Sprouse--5.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 620) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Kessler, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for Senate Bill No. 444, Establishing offense
of careless driving.
Having been advanced to third reading with the right to amend
on Friday, March 25, 2005, and having been amended and passed by
the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Kessler, the Senate reconsidered the vote
as to the passage of the bill.
The vote thereon having been reconsidered,
Thereafter, on motion of Senator Caruth, the following
amendment to the bill was reported by the Clerk and adopted:
O
n page two, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §17C-4A-1, §17C-4A-2
and §17C-4A-3, all to read as follows:
.
The bill (Eng. Com. Sub. for S. B. No. 444), as just amended,
was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 444 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 444) passed.
On motion of Senator Caruth, the following amendment to the
title of the bill was reported by the Clerk and adopted:
O
n pages one and two, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 444--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 and §17C-4A-3, all
relating to careless driving which causes the unintentional death
or serious bodily injury of another person generally; defining
"serious bodily injury"; providing enhanced criminal penalties for violations of chapter seventeen; providing assessment of an
additional three points against the driver's license of a person
convicted
of a violation which causes the unintentional death or
serious bodily injury of another person
by the Commissioner of the
Division of Motor Vehicles.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate again proceeded to the eighth order of business.
Eng. Senate Bill No. 640, Allowing notary public and
commissioner use stamped imprint.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 640) 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. 664, Providing county clerk assist
Secretary of State in determining validity of nominating petitions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 664) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 664) 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. 670, Relating to electing
supervisors for conservation districts.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 670) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 670) 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. 674, Relating to textbook
sales at public institutions of higher education.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 674) 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. 681, Relating to
counterfeit auto inspection stickers; penalty.
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: Boley--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 681) 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. 691, Relating to termination of tenancy
of factory-built home.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 691) 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. 692, Removing provision certain municipal
officers required to have paid real or property taxes prior to
election.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caruth, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe,
McKenzie, Minard, Plymale, Prezioso, Sharpe, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--28.
The nays were: Barnes, Chafin, Deem, Minear, Oliverio and
Sprouse--6.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 692) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caruth, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe,
McKenzie, Minard, Plymale, Prezioso, Sharpe, Unger, Weeks, White,
Yoder and Tomblin (Mr. President)--28.
The nays were: Barnes, Chafin, Deem, Minear, Oliverio and Sprouse--6.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 692) 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. 701, Eliminating
requirement statewide assessment occur at specific grade levels.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 701) 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. 703, Providing consistency in filing
procedures for all organization types and cleaning up outdated
language.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 703) 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. 736, Repealing superceded sections
relating to proffers and conditions for final plat approval.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 736) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 736) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 737, Establishing time limit for licensing
board to issue final ruling.
On third reading, coming up in regular order, with Senator
Bowman's amendment pending, and with the right having been granted
on Friday, March 25, 2005, for other amendments to be received on
third reading, was reported by the Clerk.
The question being on the adoption of Senator Bowman's
amendment to the bill (shown in the Senate Journal of Friday, March
25, 2005, pages 57 to 61, inclusive), the same was put and
prevailed.
The bill (S. B. No. 737), as just amended, was ordered to
engrossment.
Engrossed Senate Bill No. 737 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the member present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 737) passed.
On motion of Senator Bowman, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 737--A Bill
to amend and reenact §30-1-5
and §30-1-8 of the Code of West Virginia, 1931, as amended, all
relating to licensing boards; establishing a time limit for
licensing boards to issue a status report and a final ruling on
complaints; exception; and authorizing
licensing boards
to suspend
and revoke licenses when a licensee cannot be located.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 738, Prohibiting employing convicted
felons as emergency service personnel and others involved in
homeland security.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Senate Bill No. 739, Making supplementary appropriation
to Department of Health and Human Resources, Division of Health,
Hepatitis B Vaccine.
Having been read a third time on Friday, March 28, 2005, and
now coming up in regular order, was reported by the Clerk.
The question being "Shall Engrossed Senate Bill No. 739 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 739) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 739) 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. 741, Exempting farming equipment and
livestock from personal property tax.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 741) 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. 743, Allowing preindictment detainees
opportunity for bail reduction at change of court term.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 743) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 743) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 744, Clarifying criteria for employee to
sustain lawsuit for intentional injury.
On third reading, coming up in regular order, with the right
having been granted on Friday, March 25, 2005, for amendments to be
received on third reading, was reported by the Clerk.
On motion of Senator Kessler, the following amendment to the
bill was reported by the Clerk and adopted:
On page eight, section two, by striking out all of subsection
(f) and inserting in lieu thereof a new subsection (f), to read as
follows:
(f) The amendments to this section enacted during the two
thousand five session of the Legislature shall apply to all
injuries occurring and all actions filed on or after the first day
of July, two thousand five.
On motion of Senator Caruth, the following amendments to the
bill were next reported by the Clerk and considered simultaneously:
On page five, section two, by striking out all of paragraph
(ii) and inserting in lieu thereof a new paragraph (ii), to read as
follows:
(ii) The trier of fact determines, either through specific
findings of fact made by the court in a trial without a jury, or
through special interrogatories to the jury in a jury trial, that
all of the following facts are proven:
(A) That a specific unsafe working condition existed in the
workplace which presented a high degree of risk and a strong
probability of serious injury or death;
(B) That prior to the exposure of any employee to such
specific unsafe working condition, the employer had actual personal
knowledge of the specific unsafe working condition and actual
personal knowledge of the high degree of risk and the strong probability of serious injury or death presented by the specific
unsafe working condition;
(C) That the specific unsafe working condition was a violation
of a state or federal safety statute, rule or regulation, which
statute, rule, regulation or standard was specifically applicable
to the particular work and working condition involved, as
contrasted with a statute, rule, regulation or standard generally
requiring safe workplaces, equipment or working conditions, and in
regard to which violation of a state or federal safety statute,
rule or regulation a citation was issued by an appropriate state or
federal agency if investigated by a state or federal agency, or in
regard to which by competent expert testimony it can be
demonstrated that a citation would have been issued by the
appropriate state or federal agency if an investigation had been
undertaken by such appropriate state or federal agency;
(D) That notwithstanding the existence of the facts set forth
in subparagraphs (A) through (C), inclusive, of this paragraph, the
employer nevertheless by intentional and overt act directed
specifically at an employee, thereafter required such employee to
be exposed to the specific unsafe working condition; and
(E) That the employee exposed suffered serious compensable
injury or compensable death as a direct and proximate result of the
specific unsafe working condition. In order to be considered a
serious injury pursuant to this subsection, the injury suffered must be of such severity to entitle the injured worker to a
permanent partial disability of at least twenty percent, exclusive
of psychiatric disability, as established by expert testimony
consistent with the Guide to Permanent Impairment, Fourth Edition,
or, in the case of a nonorthopedic injury, consistent with a
medical reference or treatise of equivalent authority as recognized
by the medical community in the discipline of which such injury
falls. Although psychiatric injury will not be included for the
purpose of this serious injury threshold, any degree of psychiatric
damage which is directly and proximately caused by the compensable
injury may be considered by the trier of fact as an element of
damages.;
On page seven, section two, after line one hundred eight, by
inserting a new paragraph, designated paragraph (iii), to read as
follows:
(iii) The conduct of the injured employee cannot be excluded
as a direct and proximate cause of the accident and the employer
may assert as a defense the comparative negligence of the injured
employee based upon his or her failure to adequately notify the
employer of the unsafe working condition or of the substantial risk
of harm associated with an employment task; based upon the actions
or failure to act in a prudent manner of such employee at any time
or in any manner in relation to the work being performed at the
time of the injury to such employee; and/or based upon such other acts or failures to act by such employee which are negligent and
proximately caused or related to the injury sustained. Willful
self-exposure by an employee to a known dangerous condition at any
time, either with or without the knowledge of the employer and in
any situation other than under duress by the employer which is
being exercised contemporaneously or nearly contemporaneously with
the accident causing injury, will be a complete and absolute
affirmative defense to a cause of action under this section.;
And,
On page seven, section two, line one hundred nine, by striking
out "(iii)" and inserting in lieu thereof "(iv)".
Following discussion,
The question being on the adoption of Senator Caruth's
amendments to the bill, the same was put and did not prevail.
The bill (S. B. No. 744), as just amended, was ordered to
engrossment.
Engrossed Senate Bill No. 744 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Sprouse--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 744) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: Sprouse--1.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 744) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 745, Authorizing use of citations in lieu
of arrest warrants for certain offenses.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 745) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 745) 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. 746, Reducing rate of tax paid on
privilege of severing timber after certain date.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 746) 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 House Bill No. 2764, Relating to allowing
the Board of Medicine to issue a license to physicians who have
been subject to license revocation.
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, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Helmick, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio,
Plymale, Prezioso, Sharpe, White and Tomblin (Mr. President)--23.
The nays were: Barnes, Boley, Guills, Harrison, Hunter,
Jenkins, Minear, Sprouse, Unger, Weeks and Yoder--11.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2764) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Caruth,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Helmick,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sharpe, White and Tomblin (Mr. President)--23.
The nays were: Barnes, Boley, Guills, Harrison, Hunter,
Jenkins, Minear, Sprouse, Unger, Weeks and Yoder--11.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2764) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had removed from the
Senate third reading calendar, Engrossed Senate Bill No. 738; and
from the Senate second reading calendar, Senate Bill No. 662 and
Senate Bill No. 747.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 12, Making English official
language of state.
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. 223, Relating to vesting
retirement benefits for certain members of 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. 230, Creating crime of negligent
homicide by caregiver; penalty.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 237, Allowing municipalities to increase hotel
occupancy tax.
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. 245, Relating to regulating
elections.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Sprouse, the following amendment to the
bill was reported by the Clerk:
On page thirty-nine, section eight, line one hundred two,
after the word "corporation" by inserting the words "or labor
organization".
The question being on the adoption of Senator Sprouse's amendment to the bill.
At the request of Senator Sprouse, and by unanimous consent,
the bill (Com. Sub. for S. B. No. 245) was advanced to third
reading with Senator Sprouse's amendment pending and the right
reserved to consider other amendments on that reading.
Com. Sub. for Senate Bill No. 287, Transferring authority to
propose water quality standard rules to Department of Environmental
Protection.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendment to the
bill was reported by the Clerk and adopted:
On page seven, section seven-b, lines one hundred six and one
hundred seven, by striking out the words "and economically feasible
by applying best available technology and professional judgment"
and inserting in lieu thereof the words "by applying best available
technology economically achievable using best professional
judgment".
On motion of Senator Kessler, the Senate reconsidered the vote
by which it immediately hereinbefore adopted Senator Kessler's
amendment to the bill (Com. Sub. for S. B. No. 287).
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Kessler's amendment to the bill.
At the request of Senator Kessler, and by unanimous consent,
Senator Kessler's amendment to bill was withdrawn.
On motion of Senator Kessler, the following substitute
amendments to the bill were reported by the Clerk, considered
simultaneously, and adopted:
On page seven, section seven-b, line ninety-nine, after the
word "Secretary" by inserting the words "and any variance granted
shall be consistent with 33 U. S. C. section 1311(p) of the Federal
Water Control Act";
And,
On page seven, section seven-b, lines one hundred six and one
hundred seven, by striking out the words "and economically feasible
by applying best available technology and professional judgment"
and inserting in lieu thereof the words "by applying best available
technology economically achievable using best professional
judgment".
The bill (Com. Sub. for S. B. No. 287), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 289, Adding definition of "fill
material" to Water Pollution Control Act.
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. 348, Clarifying when audits are
required of state funds or grants; penalty.
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. 382, Authorizing Department of
Administration promulgate legislature 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. 419, Providing governmental
entities relief from certain policies, rules and regulations.
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. 424, Relating to conservation
and preservation easements.
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. 435, Creating method municipal
courts can recover certain uncollectible fines.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 471, Exempting homeowners' associations from
consumers sales and service tax on certain fees.
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. 473, Creating criminal offense
of cyber-shoplifting.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 526, Allowing credit against taxpayer's tax
liability for contributions to community foundations.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 530, Amending list of prohibited political
activities by deputy sheriffs and municipal police officers.
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. 533, Relating to parental
notification for abortions performed on unemancipated minors.
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. 576, Allowing Insurance
Commission to add certain health care services.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Facemyer, the following amendment to the
bill was reported by the Clerk and adopted:
On page six, section two, line ninety-seven, after the word
"fees" by inserting the words "chiropractic services,".
The bill (Com. Sub. for S. B. No. 576), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 588, Relating to cruelty to
animals and intervention program for certain youths.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page three, section thirteen-f, line eighteen, after "(b)"
by inserting the following: The Department of Juvenile Services
shall establish an Animal Cruelty Early Intervention Program.;
On page three, section thirteen-f, line twenty, by striking
out the word "must" and inserting in lieu thereof the word "shall";
On page five, section nineteen, line twenty-eight, by striking
out the word "ear" and inserting in lieu thereof the word "eat";
On page five, section nineteen, line thirty-three, after the
word "torture" by inserting a comma and the word "mutilate";
On page six, section nineteen, line fifty-four, by striking
out the word "said" and inserting in lieu thereof the word "the";
On page six, section nineteen, line fifty-nine, by striking
out the words "shall have" and inserting in lieu thereof the word
"has";
On page seven, section nineteen, line seventy-five, by
striking out the word "said" and inserting in lieu thereof the word
"that";
And,
On page eight, section nineteen, line ninety-eight, by
striking out the word "said" and inserting in lieu thereof the word
"the".
The bill (Com. Sub. for S. B. No. 588), as amended, was then
ordered to engrossment and third reading.
Senate Bill No. 589, Relating to county boards of education
sharing services of central office administrative personnel.
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 five, section twenty-six, lines seventy-eight and seventy-nine, by striking out the words "establishing the agencies
shall be promulgated before the first day of November, two thousand
two, and";
On page six, section twenty-six, line eighty, after the word
"section" by striking out the period and the word "It" and
inserting in lieu thereof the word "and";
On page six, section twenty-six, line eighty-six, by striking
out the words "shall be" and inserting in lieu thereof the word
"is";
On page six, section twenty-six, line ninety-seven, after the
word "director" by changing the colon to a semicolon and striking
out the proviso;
On page thirteen, section twenty-six, line two hundred thirty,
by striking out the words "as may be";
And,
On page fifteen, section twenty-six, line fifteen, by striking
out the word "so".
The bill (S. B. No. 589), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 614, Updating meaning of certain terms used in
Corporation Net Income Tax Act.
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. 617, Authorizing remote
dispensing and delivery of prescription drugs.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 622, Clarifying exemption for property used by
certain not-for-profit, tax-exempt corporations.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page five, section nine, line seventy-six, after the words
"independent living" by striking out the remainder of the paragraph
and inserting in lieu thereof the words "or assisted living, are
provided to its elderly residents in exchange for the payment of an
entrance fee or deposit, or payment of periodic charges or both and
also includes assisted living facilities licensed under article
five-d, chapter sixteen of this code and residential care
communities licensed under article five-n of said chapter:
Provided, That the term "continuing care retirement community" is
not intended to include nursing homes licensed under article five-
c, chapter sixteen of the code;".
The bill (S. B. No. 622), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 623, Updating meaning of certain terms used in
Personal Income Tax Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 629, Making technical change in computation of
tax for nonresidents and part-year residents.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Senate Bill No. 638, Relating to filing campaign reports in
timely manner.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 639, Defining "electronic postmark".
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 641, Correcting definitions applicable to
assessment of real property and homestead property tax exemption.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 643, Relating to taxable income of resident
estate or trust.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 644, Defining certain terms used in consumers
sales and service tax.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 662, Relating to maintaining campaign
financial records.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Senate Bill No. 667, Relating to motor fuel excise tax.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 669, Transferring certain election duties from
circuit clerk to clerk of county commission.
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. 676, Relating to racial
profiling.
On second reading, coming up in regular order, was read a
second time.
Senator Hunter requested unanimous consent to advance the bill
to third reading with the right for amendments to be considered on
that reading.
Which consent was not granted, Senator Deem objecting.
On motion of Senator Hunter, the bill was advanced to third
reading with the right for amendments to be considered on that
reading.
Senate Bill No. 684, Relating to imposition of tax on
privilege of severing natural gas or oil; reporting form.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 699, Relating to shareholders' simultaneous
participation in corporate meeting.
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. 700, Creating Community
Infrastructure Investment Program.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Yoder, the following amendments to the bill were reported by the Clerk and considered simultaneously:
On pages twelve and thirteen, by striking out all of section
eight;
And,
On page thirteen, by striking out the section caption and
inserting in lieu thereof a new section caption, to read as
follows:
§5B-1B-8. Rule-making authority.
The question being on the adoption of Senator Yoder's
amendment to the bill, the same was put and did not prevail.
On motion of Senator Yoder, the following amendment to the
bill (Com. Sub. for S. B. No. 700) was next reported by the Clerk:
On page thirteen, section eight, line fourteen, after the word
"Commission" by changing the period to a colon and adding the
following proviso: Provided, That projects under this article in
counties which have applied the Local Powers Act provided for in
article twenty, chapter seven of this code must still obtain a
certificate of convenience and necessity from the Public Service
Commission.
The question being on the adoption of Senator Yoder's
amendment to the bill, the same was put and did not prevail.
The bill (Com. Sub. for S. B. No. 700) was then ordered to engrossment and third reading.
Senate Bill No. 705, Delaying effective date of Municipal
Sales and Service Tax and Municipal Use Tax.
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. 716, Creating Regional Jail
Operators Partial Reimbursement Fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 747, Clarifying special reclamation tax and
special tax on coal production apply to production of thin seam
coal.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Senate Bill No. 748, Providing credit for mitigation required
as component of Army Corps of Engineers.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. House Bill No. 2813, Relating to requirements for
certificate of public convenience and necessity.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Kessler, the bill was referred to the
Committee on the Judiciary.
The end of today's second reading calendar having been
reached, the Senate returned to the consideration of
Com. Sub. for Com. Sub. for Senate Bill No. 442, Relating
generally to authorizing table games at licensed horse and dog
racetracks.
On third reading, coming up in deferred order, with an
amendment offered by Senators Weeks and Sprouse pending, and with
the right having been granted on Friday, March 25, 2005, for other
amendments to be received on third reading, was again reported by
the Clerk.
Under rule number forty-three of the Rules of the Senate,
Senator Bowman was excused from voting on any matter pertaining to
the bill.
At the request of Senator Weeks, unanimous consent being
granted, the pending amendment offered by Senator Weeks and Sprouse
to the bill (shown in the Senate Journal of Friday, March 25, 2005,
page 34) was withdrawn.
On motions of Senators Weeks and Sprouse, the following
substitute amendment to the bill was reported by the Clerk:
On page seventy-eight, section twenty-seven, line forty-five,
by striking out the words "appropriated by the Legislature" and inserting in lieu thereof the words "placed in a specific fund
within general revenue to be used as an offset to the collection
and reduction of a consumer sales tax on food and food products
sold for human consumption off the premises provided for in article
fifteen, chapter eleven of this code: Provided, That if in any
particular year the amount generated by the lottery is less than
the amount generated in fiscal year two thousand five, then the
moneys shall not be placed in the specific fund".
Following discussion and a point of inquiry to the President,
with resultant response thereto,
The question being on the adoption of the substitute amendment
offered by Senators Weeks and Sprouse to the bill (Com. Sub. for
Com. Sub. for S. B. No. 442), and on this question, Senator Sprouse
demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Deem, Guills, Harrison, Minear, Oliverio, Prezioso, Sprouse, Unger,
Weeks and Yoder--13.
The nays were: Bailey, Chafin, Dempsey, Edgell, Facemyer,
Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Plymale, Sharpe, White and Tomblin (Mr.
President)--20.
Absent: None.
Excused from voting: Bowman--1.
So, a majority of those present and voting not having voted in
the affirmative, the President declared the substitute amendment
offered by Senators Weeks and Sprouse to the bill (Com. Sub. for
Com. Sub. for S. B. No. 442) rejected.
On motion of Senator Weeks, the following amendment to bill
was next reported by the Clerk:
On page seventy-eight, section twenty-seven, line forty-five,
by changing the semicolon to a colon and inserting the following
proviso: "Provided, That annually the first one hundred twenty-
five million dollars be allocated to a specific account within
general revenue to be used as an offset to the collection of a
consumer excise tax on motor fuel sales as provided for in section
three, article fourteen, chapter eleven of this code: Provided,
however, That if in any particular year the amount generated by the
lottery is less than the amount generated in fiscal year two
thousand five, then the moneys shall not be placed in the specific
fund;".
The question being on the adoption of the amendment offered by
Senator Weeks to the bill, and on this question, Senator Weeks
demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Deem, Guills, Harrison, Minear, Oliverio, Prezioso, Sprouse, Weeks
and Yoder--12.
The nays were: Bailey, Chafin, Dempsey, Edgell, Facemyer,
Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Plymale, Sharpe, Unger, White and Tomblin
(Mr. President)--21.
Absent: None.
Excused from voting: Bowman--1.
So, a majority of those present and voting not having voted in
the affirmative, the President declared the amendment offered by
Senator Weeks to the bill (Com. Sub. for Com. Sub. for S. B. No.
442) rejected.
On motion of Senator Harrison, the following amendments to the
bill were next reported by the Clerk and considered simultaneously:
On page thirty-three, after section six, by inserting a new
section, designated section seven, to read as follows:
§29-22C-7. Statewide election.
(a) In order for a racetrack licensed under this article to
operate authorized table games, a majority of the qualified voters
of this state must first approve that a local option election be
held pursuant to section seven-a of this article: Provided, That
authorization for table games shall be limited to the four licensed
racetracks currently in the state at the time of passage of this
bill, and shall not be permitted outside of the four racetracks
notwithstanding vote of the majority of qualified voters in the statewide election.
(b) The statewide election shall be held in conjunction with
the next primary or general election scheduled more than ninety
days following passage.
(c) The Secretary of State shall give notice to the public of
the election by publication of the notice as a Class II-0 legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, and the publication area for the
publication shall be the entire state. The date of the last
publication of the notice shall fall on a date within the period of
the fourteen consecutive days next preceding the day of the
election.
(d) On the statewide election ballot shall be printed the
following:
Shall there be allowed an election by only the four counties
currently possessing a licensed race track to permit authorized
table games at such licensed racetrack?
[ ] Yes [ ] No
(Place a cross mark in the square opposite your choice.)
(e) Approval shall be by a majority of the qualified voters of
the State casting votes at the election on the question of approval
or disapproval of allowing local option elections.
(f) If the majority of qualified voters in this state vote against allowing a local option election, there shall be no local
option election. Additionally, if the majority votes against
allowing a local option election, no election on the issue of local
options shall again be held for a period of one hundred four weeks.
(g) If the majority of qualified voters in this state vote for
allowing local option elections, then local option elections shall
proceed pursuant to section seven-a of this article.;
And,
On page thirty-three, section seven, by striking out the
section caption and substituting therefor a new section caption, to
read as follows:
§29-22C-7a. Local option election.
The question being on the adoption of Senator Harrison's
amendments to the bill, and on this question, Senator Harrison
demanded the yeas and nays.
The roll being taken, the yeas were: Boley, Caruth, Deem,
Guills, Harrison, Jenkins, Minear, Prezioso, Sprouse, Unger and
Weeks--11.
The nays were: Bailey, Barnes, Chafin, Dempsey, Edgell,
Facemyer, Fanning, Foster, Helmick, Hunter, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Sharpe, White, Yoder
and Tomblin (Mr. President)--22.
Absent: None.
Excused from voting: Bowman--1.
So, a majority of those present and voting not having voted in
the affirmative, the President declared the Senator Harrison's
amendments to the bill (Com. Sub. for Com. Sub. for S. B. No. 442)
rejected.
On motions of Senators Caruth and Jenkins, the following
amendment to the bill was next reported by the Clerk:
On page seventy-eight, section twenty-seven, line forty-five,
after the word "Legislature" by changing the semicolon to a colon
and inserting the following proviso: "Provided, That, within the
General Fund, five percent be directed to the Regional Jail and
Correctional Facility Authority, as provided for in article twenty,
chapter thirty-one of this code, to offset the cost of maintaining
inmates and reduce the daily amount charged to counties for housing
inmates;".
The question being on the adoption of the amendment offered by
Senators Caruth and Jenkins to the bill, and on this question,
Senator Caruth demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Deem, Facemyer, Foster, Guills, Harrison, Jenkins, McKenzie,
Minear, Oliverio, Prezioso, Sprouse, Unger, Weeks and Yoder--17.
The nays were: Bailey, Chafin, Dempsey, Edgell, Fanning,
Helmick, Hunter, Kessler, Lanham, Love, McCabe, Minard, Plymale, Sharpe, White and Tomblin (Mr. President)--16.
Absent: None.
Excused from voting: Bowman--1.
So, a majority of those present and voting having voted in the
affirmative, the President declared the amendment offered by
Senators Caruth and Jenkins to the bill (Com. Sub. for Com. Sub.
for S. B. No. 442) adopted.
On motion of Senator Chafin, the following amendments to the
bill were next reported by the Clerk, considered simultaneously,
and adopted:
On page seventy-two, section twenty-six, lines twenty-six
through twenty-eight, by striking out the words "into the West
Virginia Infrastructure Fund created in section nine, article
fifteen-a, chapter thirty-one of this code" and inserting in lieu
thereof the words "among the statutorily created regional
multicounty economic development authorities pursuant to rules
promulgated by the West Virginia Development Authority";
And,
On page seventy-nine, section twenty-seven, lines sixty-five
through sixty-seven, by striking out the words "into the West
Virginia Infrastructure Fund created in section nine, article
fifteen-a, chapter thirty-one of this code" and inserting in lieu
thereof the words "among the statutorily created regional multicounty economic development authorities pursuant to rules
promulgated by the West Virginia Development Authority".
On motion of Senator Oliverio, the following amendment to the
bill was next reported by the Clerk:
On page fifteen, after section eighteen, by inserting the
following:
ARTICLE 22B. LIMITED VIDEO LOTTERY.
§29-22B-517. Renewal of licenses.
The Commission shall renew video lottery licenses annually on
a date set by the Commission if each person seeking license renewal
submits the applicable renewal fee, completes all renewal forms
provided by the commission and continues to meet all qualifications
for a license: Provided, That a majority of voters in the county
in which the license is to be used has approved renewal of the
license in accordance with section five hundred nineteen of this
article.
§29-22B-519. Voter approval of renewal of licenses.
(a) In order for a licensed operator, manufacturer, service
technician or limited video lottery retailer to renew his or her
license, a majority of the qualified voters of the county in which
it is to be used must first approve that renewal be granted for use
in their county through an election.
(b) The election shall be conducted in every county statewide
in conjunction with the primary election of the year two thousand
eight.
(c) The Secretary of State shall give notice to the public of
the election by publication of the notice as a Class II-0 legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, and the publication area for the
publication shall be the entire state. The date of the last
publication of the notice shall fall on a date within the period of
the fourteen consecutive days next preceding the day of the
election.
(d) On each election ballot shall be printed the following:
Shall licenses for operators, manufacturers, service technicians,
and limited video lottery retailers be renewed to allow continued
operation and use of video lottery machines in this county?
[ ] Yes[ ] No
(Place a cross mark in the square next your choice.)
(e) Approval shall be by a majority of the qualified voters of
the county casting votes at the election on the question of
approval or disapproval of renewal.
(f) If the majority of qualified voters in the county vote
against allowing renewal, there shall be no license renewal
provided for in section five hundred seventeen of this article. Additionally, if the majority of voters in that county vote against
allowing renewal, no election on the issue of renewal shall again
be held for a period of five years.
(g) If the majority of qualified voters in the county vote for
allowing renewal, then the licenses shall be renewed pursuant to
section five hundred seventeen of this article.
Senator Kessler arose to a point of order that Senator
Oliverio's amendment was not germane to the bill.
Which point of order, the President ruled well taken.
The bill (Com. Sub. for Com. Sub. for S. B. No. 442), as just
amended, was ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 442 was then read a third time and put upon its
passage.
On the passage of the bill, the yeas were: Bailey, Chafin,
Dempsey, Edgell, Facemyer, Fanning, Foster, Hunter, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Sharpe, White,
Yoder and Tomblin (Mr. President)--19.
The nays were: Barnes, Boley, Caruth, Deem, Guills, Harrison,
Helmick, Jenkins, Oliverio, Plymale, Prezioso, Sprouse, Unger and
Weeks--14.
Absent: None.
Excused from voting: Bowman--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 Com. Sub. for S. B. No. 442) passed.
On motion of Senator Chafin, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On pages one through four, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 442--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 regional multicounty economic development
authorities; 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.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Action as to Engrossed Committee Substitute for Committee
Substitute for Senate Bill No. 442 having been concluded, the
Senate proceeded to the consideration of
Eng. Com. Sub. for Senate Bill No. 487, Authorizing use of
ballot-marking accessible voting systems.
On third reading, coming up in deferred order, was read a
third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 487) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Helmick, the Senate reconsidered its
action by which in earlier proceedings today it rejected Senator
Yoder's amendment, as to
Eng. Com. Sub. for Senate Bill No. 700, Creating Community
Infrastructure Investment Program within Department of Commerce.
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Yoder's
amendment to the bill.
At the request of Senator Yoder, and by unanimous consent, the
name of Senator Unger was added as a sponsor of the amendment.
Thereafter, on motions of Senators Yoder and Unger, the following amendment to the bill was again reported by the Clerk and
adopted:
On page thirteen, section eight, line fourteen, after the word
"Commission" by changing the period to a colon and adding the
following proviso: Provided, That projects under this article in
counties which have applied the Local Powers Act provided for in
article twenty, chapter seven of this code must still obtain a
certificate of convenience and necessity from the Public Service
Commission.
The bill (Com. Sub. for S. B. No. 700), as just amended, was
again ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 236, Requiring training in Alzheimer's disease
in certain health care facilities.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 513, Relating to tax credits for qualified
centers for economic development and technology advancement.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 575, Permitting certain persons
with physical disabilities to use crossbow during hunting season.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. House Bill No. 3001, Supplementary appropriation to the
governor's office, and the department of administration, office of
the secretary.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 28th day of March, 2005, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. No. 2478), Relating to removing the prohibition against
brewers of nonintoxicating beer requiring distributors to submit
certain financial documents.
(H. B. No. 2510), Allowing public sector moneys to be used to
satisfy the matching requirements of the workforce initiative in
certain circumstances.
(H. B. No. 2666), Continuation of the Department of Health and
Human Resources.
(H. B. No. 2667), Continuation of the West Virginia Commission
for the Deaf and Hard-of-Hearing.
(H. B. No. 2846), Continuation of the Real Estate Appraiser
Licensing and Certification Board.
(H. B. No. 2869), Relating to permit the conversion of a
domestic corporation to a domestic limited liability company.
(H. B. No. 2892), Continuation of the Bureau for Child Support
Enforcement.
And,
(H. B. No. 2893), Continuation of the James "Tiger" Morton
Catastrophic Illness Commission.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 240, Granting state employees paid leave for
organ donation.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 240) 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. 277, Creating Animal Regulation Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 277 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12,
§19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18,
§19-9B-19, §19-9B-20, §19-9B-21, §19-9B-22 and §19-9B-23, all
relating to regulating the sale, possession and breeding of exotic
animals; stating legislative purpose; defining certain terms;
creating Exotic Animal Regulation Board and Technical Advisory
Committee; establishing duties; establishing a special revenue
account and authorizing expenditures; providing rule-making
authority; delineating the jurisdiction of member agencies;
providing owner liable for the cost of care of a seized exotic
animal and bonding requirements; requiring pet shop registration,
renewal and fee; requiring pet shop to keep records and provide
certain notification; requiring permit to possess or breed exotic
animal and providing permit application process and permit
requirements; providing for exemptions; requiring identification
number on an exotic animal; establishing caging, care and treatment
requirements; requiring liability insurance; authorizing certain
inspections; providing for denial of a permit; specifying
conditions under which an exotic animal may be seized; and
establishing civil and criminal penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 277) 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
Com. Sub. for Senate Bill No. 428 (originating in the
Committee on the Judiciary), Relating to Rehabilitation
Environmental Action Plan.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 428 (originating
in the Committee on Finance)--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 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; to amend said code 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; and exempting certain recycling facilities from
regulation.
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. 428)
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 Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 450, Prohibiting compensation of board of
examination or registration members for certain travel days.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 450 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§30-1-11 of the Code of West Virginia, 1931, as amended, relating
to licensing boards; and prohibiting a board member from receiving
compensation for travel days not on the same day as the official
meeting or official duties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 450) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time and ordered to second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 485, Relating to powers and duties of Board of
Pharmacy.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 485 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§30-5-2 of the Code of West Virginia, 1931, as amended, relating to
the Board of Pharmacy powers and duties; empowering the Board of
Pharmacy to grant a waiver or variance of all or part of a rule;
and empowering the Board of Pharmacy to waive rules for up to
twelve months for approved pilot or demonstration projects.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 485) contained in the preceding report from the Committee on Government Organization 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
Com. Sub. for Senate Bill No. 502 (originating in the
Committee on Pensions), Relating to state pensions and retirement
generally.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for
Senate Bill No. 502 (originating
in the Committee on Finance)--A Bill to amend and reenact §5-5-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§5-10-2, §5-10-15, §5-10-17, §5-10-21, §5-10-22, §5-10-23,
§5-10-26, §5-10-27 and §5-10-44 of said code; to amend and reenact
§5-10A-2 and §5-10A-3 of said code; to amend said code by adding
thereto a new section, designated §5-10A-11; to amend and reenact
§7-14D-23 of said code; to amend said code by adding thereto three
new sections, designated §15-2-25b, §15-2-31a and §15-2-31b; to
amend and reenact §15-2-26, §15-2-27, §15-2-27a, §15-2-28,
§15-2-29, §15-2-30, §15-2-31, §15-2-32, §15-2-33, §15-2-34 and
§15-2-37 of said code; and to amend and reenact §18-7A-3, §18-7A-14, §18-7A-17, §18-7A-23a, §18-7A-25, §18-7A-26 and
§18-7A-34 of said code, all relating to state pensions and
retirement generally; providing comprehensive changes to certain
plans administered by the Consolidated Public Retirement Board;
clarifying members' accrued and unused leave of any kind not used
in computing final average salary; amending and adding definitions
relating to the Public Employees Retirement System; clarifying use
of restricted qualified military service credit to one retirement
system; restricting certain rights of members to select a plan
beneficiary; requiring certification of continued disability and
earnings statement from certain disability benefit recipients;
providing for interest in calculation of benefits payable on death
of retired participants; providing for correction of employer
errors, including payment of interest; establishing earnings limits
for certain disability benefits recipients; requiring annual
physician review and an annual statement of earnings from certain
persons receiving disability retirement payments; providing for
suspension of benefits upon failure of disability retiree to
furnish certain information; providing that interest is to be
included in the calculation of terminal benefits payable as the
result of death of retired participants; clarifying use of members'
unused, accrued leave in final average salary; making technical
corrections to the Public Employees Retirement System; amending the
definitions of "less than honorable service" and "retirement plan"; increasing the time to issue notice to terminate benefits;
requiring prosecuting attorneys to notify Retirement Board of
convictions or pleas related to less than honorable service;
providing that any person becoming a member of the Deputy Sheriff
Retirement System after the first day of July, two thousand five,
may not borrow from that plan; relating to the West Virginia State
Police Death, Disability and Retirement Fund generally; adding
general definitions to the West Virginia State Police Death,
Disability and Retirement Fund; adding definitions of
"law-enforcement officer", "partially disabled", "totally disabled"
and "physical or mental impairment" to the West Virginia State
Police Death, Disability and Retirement Fund; making technical
changes to the West Virginia State Police Death, Disability and
Retirement Fund; providing for probable permanent disability
status; specifying that total disability is inability to perform
any substantial gainful employment and that partial disability is
inability to perform law-enforcement duties; providing that member
receiving annuity for partial disability incurred in performance of
duty may be employed as an elected sheriff or appointed chief of
police if it is shown to the Board that such employment is not
inconsistent with the partial disability; allowing application for
disability to be made by person acting on member's behalf; allowing
Superintendent to petition Board for member's disability when he or
she considers member disabled; authorizing rules; judicial review; allowing Board to withhold payment pending judicial review;
requiring disability recipient to file annual statement of earnings
and setting forth penalty for refusal or failure to do so;
requiring annual report of State Police disability retirement
experience; State Teachers Retirement System; amending, adding and
alphabetizing the definitions; providing for the use of qualified
military service in the State Teachers Retirement System; providing
that in the case of deceased retired participants that interest is
to be included in the calculation of terminal benefits payable and
making other technical modifications in the State Teachers
Retirement System; clarifying provisions for loan repayment in the
State Teachers Retirement System; replacing earnable compensation
with gross salary in the State Teachers Retirement System;
clarifying maximum loan amount and making technical corrections in
the State Teachers Retirement System; and discontinuing the loan
program participation of teachers and nonteachers who become
members of the Teachers Retirement System on or after the first day
of July, two thousand five.
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. 502)
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. 524, Transferring centralized accounting
system from Department of Administration to Auditor's Office.
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. 524) 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 Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 536, Relating to creation and modification of
public service districts.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 536) contained in the preceding report
from the Committee on Government Organization 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
Com. Sub. for Senate Bill No. 561 (originating in the
Committee on Government Organization), Authorizing Greater
Huntington Park and Recreation District impose fees and issue
revenue bonds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 561 (originating
in the Committee on Finance)--A Bill to amend and reenact section
7, chapter 26 of the Acts of the Legislature, regular session, 1925
(municipal charters), as last amended by chapter 175, Acts of the
Legislature, regular session, 1991, relating to Greater Huntington
Park and Recreation District; authorizing the District to impose
fees and issue revenue bonds; requiring an election on the
imposition of fees and issuance of revenue bonds; notice and
election requirements; and authorizing the new fees to secure and
pay the revenue bonds.
With the recommendation that the committee substitute 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. 561)
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. 650, Relating to small claims hearings by
Office of Tax Appeals.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 25, 2005;
And,
Senate Bill No. 657, Providing exemption to time limit for
filing petition to appeal decision of Tax Commission.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 25, 2005;
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 666, Relating to exemptions for
certain insurance companies from business franchise tax and
corporation net income tax.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 24, 2005;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 675, Allowing county board of education enter
into lease-purchase agreements.
And,
Senate Bill No. 728, Relating to disposition of state surplus
property.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, one of the bills (S. B. No. 675) contained in the
preceding report from the Committee on Government Organization 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.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of Senate Bill No. 728 contained in the
foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 728) 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. 680, Changing filing time for subcontractor's
lien.
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. 680) 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. 740, Relating to conducting inventory of
technology infrastructure in state; other provisions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 740 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §5B-
4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8,
§5B-4-9, §5B-4-10, §5B-4-11, §5B-4-12, §5B-4-13, §5B-4-14, §5B-4-
15, §5B-4-16, §5B-4-17, §5B-4-18, §5B-4-19, §5B-4-20, §5B-4-21 and
§5B-4-22, all relating to conducting an inventory and developing
coordinated deployment and operation of technology infrastructure
within this state; legislative findings and purpose; definitions;
reporting requirements; rule-making authority; exemptions from
disclosure of confidential information; creating Joint Legislative Oversight Commission on Transportation and Infrastructure; creating
Innovation Center; appointment and qualifications of Chief Officer
of Innovation Center; powers and duties of Innovation Center;
reporting requirements; establishment of task force; providing
technical and funding assistance for innovation; authorizing
Innovation Center to engage in consulting services for fee,
contractual and joint venture agreements; authorizing local
government to enter into public-private partnerships; authorizing
issuance of bonds; publication and hearing requirements related to
bonds; bonds not an indebtedness of local government; redemption
and form of bonds, exemption from taxation of bonds; establishment
of sinking fund, transfer of balance of net revenues; enabling
local government to establish rates of service; and liberal
construction of article.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 740) 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. 749 (originating in the Committee on Finance)-
-A Bill to amend and reenact §16-13A-4 of the Code of West
Virginia, 1931, as amended, authorizing a change in the official
name of a public service district in certain circumstances.
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. 749) 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
Eng. House Bill No. 3181, Supplementary appropriation to the
bureau of commerce - economic development authority.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 25, 2005;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Boley, unanimous consent being
granted, it was ordered that the Journal show had Senator Boley
been present in the chamber on Thursday, March 24, 2005, she would
have voted "yea" on the passage of Engrossed Committee Substitute
for Senate Bill No. 418 and Engrossed Senate Bill No. 421; and on
Friday, March 25, 2005, she would have voted "nay" on Engrossed
Committee Substitute for Senate Bill No. 290.
At the request of Senator Unger, the name of Senator Unger was
removed as a sponsor of Engrossed Committee Substitute for
Committee Substitute for Senate Bill No. 194 (Relating to
Affordable Housing Trust Fund).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, March 29, 2005, at 11 a.m.
____________