(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
FORTY-NINTH DAY
____________
Charleston, W. Va., Tuesday, March 29, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Jim Kestner, Pineville
Southern Baptist Church, Pineville, West Virginia.
Pending the reading of the Journal of Monday, March 28, 2005,
On motion of Senator Dempsey, 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 passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2141--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §17-19-13a, relating to prohibiting persons from soliciting contributions on public highways; and penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2369--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §15-2-9, relating to limiting the
administration of a voluntary contribution fund or similar benefit
plan by members and employees of the West Virginia State Police.
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. Com. Sub. for House Bill No. 2426--A Bill to amend and
reenact §61-3-39g of the Code of West Virginia, 1931, as amended,
relating to notifying persons from out-of-state who issue worthless
checks in this state and who, after being duly served with a
summons upon a misdemeanor complaint, fail to pay the check and
applicable fine or fail to appear in court that a notice of their
failure will be sent to the Division of Motor Vehicles to be dealt
with according to existing law.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2492--A Bill to amend and
reenact §49-5-13d of the Code of West Virginia, 1931, as amended,
relating to teen court programs; and authorizing counties to adopt
a mandatory fee when a county elects to institute a teen court
program to fund the program.
At the request of Senator Chafin, 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.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2578--A Bill to amend and
reenact §18-9A-5a and §18-9A-5b of the Code of West Virginia, 1931,
as amended, all relating to increasing the ratios of professional
and service personnel to students in net enrollment; establishing
the ratios for certain school years; making certain findings;
stating legislative intent to examine state basic foundation
program and address staffing and other needs as indicated by
examination; and removing limitation to using ratios for intended
increases in personnel.
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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2603--A Bill to amend and reenact §18A-3-
3a of the Code of West Virginia, 1931, as amended, relating to
reimbursement of tuition, registration and other required fees for
course work completed by teachers; correcting references to rule-
making authority; removing obsolete language; and allowing
reimbursement to qualified applicants from funds remaining
available for that purpose after certain conditions are met.
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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2777--A Bill to amend and reenact
§18B-13-4 of the Code of West Virginia, 1931, as amended, relating
to technical changes concerning the High-Tech research zones, parks
and technology centers; and tax incentives relating thereto.
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 passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2802--A Bill to amend and reenact §8-11-5
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §17E-1-2, §17E-1-3; §17E-1-5, §17E-1-6, §17E-1-7, §17E-1-8,
§17E-1-9, §17E-1-10, §17E-1-11, §17E-1-12, §17E-1-13, §17E-1-14,
§17E-1-15, §17E-1-16, §17E-1-17, §17E-1-23 and §17E-1-24 of said
code, all relating to updating provisions pertaining to commercial
driver's licenses to conform with federal law.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2816--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §5-1E-1, §5-1E-2, §5-1E-3, §5-1E-4 and §5-1E-5;
and to amend and reenact §18-2-6a and §18-2-7a of said code, all
relating to promoting healthy lifestyles; creating a Healthy
Lifestyles Office in the Department of Health and Human Resources;
establishing the functions of the Office; creating a special
revenue account; establishing a voluntary private sector
partnership program to encourage healthy lifestyles; establishing
physical activity requirements in the schools; and encouraging the
use of healthy beverages in the vending machines of schools.
Referred to the Committee on Health and Human Resources; then
to the Committee on Education; 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. 2852--A Bill to repeal
§5-16-7b of the Code of West Virginia, 1931, as amended; to repeal
§5-16C-1, §5-16C-2, §5-16C-3, §5-16C-4, §5-16C-5, §5-16C-6,
§5-16C-7, §5-16C-8, §5-16C-9, §5-16C-10 of said code; to repeal
§5A-3-1a of said code; to amend and reenact §5A-3C-1, §5A-3C-2,
§5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8,
§5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14,
§5A-3C-15, §5A-3C-16 and §5A-3C-17 of said code; to amend said
article by adding thereto new sections, designated §5A-3C-18,
§5A-3C-19, §5A-3C-20, §5A-3C-21, §5A-3C-22, §5A-3C-23, §5A-3C-24,
§5A-3C-25, §5A-3C-26 and §5A-3C-27; to amend and reenact §5F-2-2 of
said code; and to amend and reenact §29-22-18a of said code, all
relating generally to the creation of the Office of the
Pharmaceutical Advocate and the transfer of most of the powers and
responsibilities of the Pharmaceutical Cost Management Council to
the Pharmaceutical Advocate; legislative findings; defining terms;
powers and duties of the Office of the Pharmaceutical Advocate;
creation of the cabinet-level position of the Pharmaceutical Advocate; qualifications and salary of the Pharmaceutical Advocate;
powers and duties of the Pharmaceutical Advocate; creation of the
Pharmaceutical Advisory Council; qualifications of Council members;
powers and duties of the Council; reporting requirements of the
Council, the Pharmaceutical Advocate and the Office of the
Pharmaceutical Advocate; transferring powers and duties of the West
Virginia Public Employees Insurance Act to negotiate for and
purchase pharmaceuticals to the Pharmaceutical Advocate; transfer
of the powers and duties to negotiate and execute prescription drug
purchasing agreements to the Pharmaceutical Advocate; transfer of
the powers and duties to negotiate and execute pharmacy benefit
management contracts to the Pharmaceutical Advocate; establishing
the Federal Supply Schedule as a benchmark for the purchase of
brand name pharmaceutical drugs; establishing a waiver process for
the adjustment of the purchase price of certain pharmaceutical
drugs; excluding advertising and marketing costs from the other
costs in the waiver process; exempting the Pharmaceutical Advocate
from state purchasing requirements; authority to investigate the
feasibility of purchasing Canadian drugs; authority to investigate
multistate discussion groups and agreements; elimination of the
transfer of the clearinghouse program to the state; elimination of
the transfer of the pharmaceutical discount program to the state;
authorizing the Pharmaceutical Advocate to take advantage of act of
congress, accept gifts, grants and matching funds; continuing agency management ability until the Office of the Pharmaceutical
Advocate is operational; prohibiting restraint of trade and
conforming the standards for same with other provisions of the
code; providing civil and criminal penalties for restraint of
trade; reporting of advertising costs to the Pharmaceutical
Advocate; state role and responsibilities; participation by all
state agencies who are payors for prescription drugs; authority for
the Pharmaceutical Advocate to investigate participation in a
preferred drug list by private individuals, commercial insurance
carriers and self-insured companies; rule-making authority;
identifying potential use of savings; sunset provisions;
severability provision; transfer of the powers and duties of the
West Virginia Pharmaceutical Cost Management Council to the Office
of the Pharmaceutical Advocate; providing authority for the
secretary of each department to cooperate with the Office of the
Pharmaceutical Advocate in the purchase of prescription drugs; and
elimination of requirement that the Governor focus resources on
creation of a prescription drug program from the State Lottery Act.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2866--A Bill to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as amended, relating to
tuition and fees for guard members at institutions of higher
education; and providing for continuation of tuition and fee
payments to members after discharge from military service due to
wounds or injuries received in the line of duty.
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 passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2890--A Bill to amend and
reenact §20-2-5 of the Code of West Virginia, 1931, as amended,
relating generally to unlawful methods of hunting and fishing; and
making it unlawful to hunt or conduct hunts for a fee where the
hunter is not in the same physical location as the wildlife.
Referred to the Committee on Natural Resources.
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. 2990--A Bill to amend and reenact §20-1-17
of the Code of West Virginia, 1931, as amended, relating to
permitting the Director of the Division of Natural Resources to set
the time and date of the meeting for the convenience of the public.
Referred to the Committee on Natural Resources.
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. 2991--A Bill to amend and
reenact §61-5-8 of the Code of West Virginia, 1931, as amended,
relating to adults and juveniles in custody or confinement;
providing criminal penalties for aiding escape; specifying items
that are unlawful to deliver to or be possessed by individuals in
custody or confinement; providing criminal penalties for possession
of certain items by adults or juveniles in custody or confinement
in a jail, state correctional facility, juvenile facility or
juvenile detention center; providing criminal penalties for
transporting certain items onto the grounds of a jail, state
correctional facility, juvenile facility or juvenile detention
center; and providing definitions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2992--A Bill to amend and
reenact §61-3E-10 of the Code of West Virginia, 1931, as amended,
relating to adding operation of an illegal drug laboratory to the
crime of wanton endangerment involving a destructive device, an
explosive material or an incendiary device.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3002--A Bill to amend and reenact §3-2-31
of the Code of West Virginia, 1931, as amended, relating to
elections generally; deleting the requirement that a voter
designate a political party designation at least thirty days before
the primary in order to vote in the primary; and providing for the
designation to occur no later than the close of voter registration
before the primary.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3010--A Bill to amend and
reenact §25-1-11a of the Code of West Virginia, 1931, as amended,
relating to the duties and responsibilities required of a warden or
administrator of a correctional institution.
Referred 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. Com. Sub. for House Bill No. 3012--A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended,
relating to exempting property acquired by lease-purchase agreement
by the state, a county, district, city, village, town or other
political subdivision, state college or university from property
tax.
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 and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3016--A Bill to amend and reenact §30-40-5
of the Code of West Virginia, 1931, as amended, relating to
excepting the making of appointments by secretaries of licensed
real estate brokers and salespersons with buyers and sellers or
potential buyers and sellers of real estate from the scope of
practice of real estate brokerage subject to licensing.
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. 3152--A Bill to amend and reenact §29-12-
5a of the Code of West Virginia, 1931, as amended, relating to
liability insurance for county boards of education, their employees and members, the county superintendent of schools and for employees
and officers of the State Department of Corrections; and clarifying
that the Board of Risk and Insurance Management is not required to
provide insurance for every property, activity or responsibility.
Referred to the Committee on Banking and Insurance; then to
the Committee on Education; and then to the Committee on Finance.
The Senate proceeded to the sixth order of business.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 73--Requesting the Division
of Highways name the bridge on U. S. Route 119 at Miller's Creek,
Mingo County, also known as the North Nolan Bridge, the "Arnold J.
Starr Memorial Bridge".
Whereas, Arnold J. Starr was born January 22, 1906, the son of
Minnis and Nancy Marcum Starr; and
Whereas, Arnold J. Starr knew the importance of education. He
attended Morehead State University in Kentucky, Concord College in
Athens, Mercer County, and graduated with a degree in Early
Childhood Education from Marshall University; and
Whereas, Arnold J. Starr was an educator in Mingo County and
served as principal of Naugatuck Grade School and Red Jacket Junior
High School. He also served as coach of the boys' basketball team;
and
Whereas, In the 1940s, Arnold J. Starr operated a grocery
store in Williamson until he was elected Mingo County Assessor, a position he held until January 1973. While serving as Assessor, he
also served as President of the West Virginia County Officials
Association and as a member of the West Virginia Assessors
Association; and
Whereas, After leaving public service as an elected official,
Arnold J. Starr continued to serve his community as an ordained
minister. He also served the State of West Virginia in the
National Guard where he obtained the rank of 1st Lieutenant. He
was very active in a number of civic-minded organizations as well;
and
Whereas, It is fitting that a lasting tribute be established
to recognize the outstanding dedication and commitment Arnold J.
Starr made to the State of West Virginia as an educator, elected
county official and minister; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on U. S. Route 119 at Miller's Creek, Mingo County,
also known as the North Nolan Bridge, the "Arnold J. Starr Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senator Sharpe offered the following resolution:
Senate Resolution No. 29--Urging the United States Congress
enact legislation regarding reduction targets for nitrogen oxide,
sulfur dioxide and mercury at reasonable and appropriate levels
that will provide stability and maximum flexibility to electric
power generators in meeting air quality targets while maintaining
electric power reliability, availability and affordability.
Whereas, The State of West Virginia, its citizens and its
industries have a shared interest in improving air quality; and
Whereas, The quality of life in this state depends on a
reliable supply of electric power; and
Whereas, The state's electric power generators must comply
with multiple and sometimes overlapping air quality requirements,
the interpretation of which is often decided in courts of law; and
Whereas, The time involved in emission reduction-related
litigation often reduces the time available for the installation of
emission-reduction technologies and increases the costs of
compliance which are eventually passed on to consumers; and
Whereas, Congress has an opportunity to adopt a federal,
integrated strategy that establishes aggressive but reasonable time
frames and reduction targets for the nation's three highest
priority electric power plant emissions: Nitrogen oxide, sulfur dioxide and mercury; and
Whereas, Such a multiemission strategy will minimize
interstate regulatory compliance conflicts, lessen the need for
costly, time-consuming litigation, allow for the design and
deployment of more cost-effective technologies and continue the
nation's progress for reducing potentially harmful emissions as
cost-effectively as possible without negatively impacting the
reliability of the nation's power supplies; therefore, be it
Resolved by the Senate:
That the Senate hereby urges the United States Congress enact
legislation regarding reduction targets for nitrogen oxide, sulfur
dioxide and mercury at reasonable and appropriate levels that will
provide stability and maximum flexibility to electric power
generators in meeting air quality targets while maintaining
electric power reliability, availability and affordability; and, be
it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to West Virginia's congressional
delegation and to the Governor.
Which, under the rules, lies over one day.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 12, Making English official
language of state.
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, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: Foster, Hunter, McCabe and White--4.
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. 12) 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. 223, Relating to vesting
retirement benefits for certain members of military.
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,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Plymale--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. 223) 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. 230, Creating crime of
"involuntary manslaughter by caregiver"; 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,
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. 230) 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. 237, Allowing municipalities to increase hotel occupancy tax.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Prior to the call of the roll, Senator White moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Bailey, Barnes,
Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills,
Helmick, Hunter, Kessler, Lanham, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Prezioso, Sharpe, Sprouse and Tomblin (Mr.
President)--24.
The nays were: Boley, Bowman, Deem, Harrison, Jenkins,
Plymale, Unger, Weeks and Yoder--9.
Absent: None.
Excused from voting: White--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 237) 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 Senate Bill No. 245, Relating to regulating
elections.
On third reading, coming up in regular order, with Senator
Sprouse's amendment pending, and with the right having been granted on yesterday, Monday, March 28, 2005, for other amendments to be
received on third reading, was reported by the Clerk.
On motion of Senator Sprouse, the following pending amendment
to the bill was again 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 Kessler, unanimous consent being
granted, further consideration of the bill (Com. Sub. for S. B. No.
245) and Senator Sprouse's pending amendment was deferred until the
conclusion of bills on today's third reading calendar.
Eng. Com. Sub. for Senate Bill No. 287, Transferring authority
to propose water quality standard rules to Department of
Environmental Protection.
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: Boley, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Weeks, Yoder and Tomblin (Mr. President)--27.
The nays were: Bailey, Barnes, Foster, Hunter, Sprouse, Unger and White--7.
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. 287) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Boley, Bowman, Caruth,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison,
Helmick, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard,
Minear, Oliverio, Plymale, Prezioso, Sharpe, Weeks, Yoder and
Tomblin (Mr. President)--27.
The nays were: Bailey, Barnes, Foster, Hunter, Sprouse, Unger
and White--7.
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. 287) 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. Com. Sub. for Senate Bill No. 289, Allowing fill material
in waters of state; definition.
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, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Weeks, Yoder and Tomblin (Mr. President)--30.
The nays were: Chafin, Hunter, Unger and White--4.
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. 289) 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. 348, Clarifying when audits
are required of state funds or grants; 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,
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. 348) 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.
Com. Sub. for S. B. No. 348) 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. Com. Sub. for Senate Bill No. 382, Authorizing Department
of Administration promulgate legislature 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, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Minard--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. 382) 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, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Minard--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.
Com. Sub. for S. B. No. 382) 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. 419, Providing governmental
entities relief from certain policies, rules and regulations.
On third reading, coming up in regular order, was read a third time and put upon its passage.
At the request of Senator Boley, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's third reading calendar, following
consideration of Committee Substitute for Senate Bill No. 245,
already placed in that position.
Eng. Com. Sub. for Senate Bill No. 424, Relating to
conservation and preservation easements.
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. 424) 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. 435, Creating method municipal courts can recover certain uncollectible fines.
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. 435) 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. 471, Exempting homeowners' associations
from consumers sales and service tax on certain fees.
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. 471) 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. 473, Relating to crime of
cyber-shoplifting.
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. 473) 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. 526, Allowing credit against taxpayer's
tax liability for contributions to community foundations.
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. 526) 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. 530, Amending list of prohibited
political activities by deputy sheriffs and municipal police
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, 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: Chafin--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. 530) 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. 533, Relating to parental
notification for abortions performed on unemancipated minors.
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, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: Foster and McCabe--2.
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. 533) 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,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Foster and McCabe--2.
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. 533) 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. Com. Sub. for Senate Bill No. 576, Allowing Insurance
Commission to add certain health care services.
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. 576) passed.
On motion of Senator Minard, 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. Com. Sub. for Senate Bill No. 576--A Bill to amend and
reenact §33-25D-2 of the Code of West Virginia, 1931, as amended,
relating to Prepaid Limited Health Service Organizations Act;
adding pharmaceutical services, vision care services, dental care
services, podiatric care services, clinic-based care services and
chiropractic services to the definition of "limited health
service"; and authorizing the Insurance Commissioner to add other
services to such definition.
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. 588, Relating to cruelty to animals and intervention program for certain youths.
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. 588) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
O
n page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 588--A Bill
to amend and
reenact the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §49-5-13f; and to amend and
reenact §61-8-19 of said code, all relating to Animal Cruelty Early
Intervention Program for juveniles; expanding the definition of
cruelty to animals; increased criminal penalties for cruelty to animals; and allowing judges to require that offenders complete an
anger management program.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 589, Relating to county boards of
education sharing services of central office administrative
personnel.
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. 589) 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. 614, Updating meaning of certain terms
used in Corporation Net Income Tax Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: 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)--32.
The nays were: Bailey and Barnes--2.
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. 614) 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. 617, Authorizing remote
dispensing and delivery of prescription drugs.
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. 617) 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. 622, Clarifying exemption for property
used by certain not-for-profit, tax-exempt corporations.
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, Minear, Oliverio, Plymale,
Prezioso, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Minard and Sharpe--2.
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. 622) 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. 623, Updating meaning of certain terms
used in Personal Income Tax Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
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. 623) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 629, Making technical change in computation of
tax for nonresidents and part-year residents.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Monday, March 28, 2005, for
amendments to be received on third reading, was reported by the
Clerk.
There being no amendments offered,
The bill was then ordered to engrossment.
Engrossed Senate Bill No. 629 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. 629) 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. 638, Relating to filing campaign reports
in timely manner.
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. 638) 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. 639, Defining "electronic postmark".
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. 639) 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. 639) 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. 641, Correcting definitions applicable to
assessment of real property and homestead property tax exemption.
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. 641) 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. 643, Relating to taxable income of
resident estate or trust.
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. 643) 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. 644, Defining certain terms used in
consumers sales and service 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, 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. 644) 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. 667, Relating to motor fuel excise 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. 667) 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. 669, Transferring certain election duties
from circuit clerk to clerk of county commission.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
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. 669) 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 Senate Bill No. 676, Relating to racial
profiling during traffic stops.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Monday, March 28, 2005, for
amendments to be received on third reading, was reported by the
Clerk.
On motions of Senators Hunter, Unger and Oliverio, the
following amendments to the bill were reported by the Clerk:
On page four, section two, line forty-four, after the word
"origin" by striking out the comma and the words "gender and age"
and inserting in lieu thereof the words "and gender";
On page four, section two, after line forty-five, by inserting
a new subdivision, designated subdivision (b), to read as follows:
"(b) The reason for the stop;";
On page four, section two, line forty-six, by striking out
"(b)" and inserting in lieu thereof "(c)";
On page four, section two, after line forty-six, by inserting
a new subdivision, designated subdivision (d), to read as follows:
"(d) An identification number for the officer's patrol area to
be established by the head of the officer's law-enforcement
agency;";
And,
By relettering the remaining subdivisions.
Senator Deem requested unanimous consent that further
consideration of the bill be deferred until the conclusion of bills
on today's second reading calendar.
Which consent was not granted, Senator Hunter objecting.
Senator Deem then moved that further consideration of the bill
be deferred until the conclusion of bills on today's second reading
calendar.
The question being on the adoption of Senator Deem's
aforestated motion.
At the request of Senator Hunter, and by unanimous consent,
his foregoing objection was withdrawn.
Thereafter, further consideration of the bill (Com. Sub. for
S. B. No. 676) and the pending amendments offered by Senators
Hunter, Unger and Oliverio was deferred until the conclusion of
bills on today's second reading calendar.
Eng. Senate Bill No. 684, Relating to imposition of tax on
privilege of severing natural gas or oil.
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. 684) 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. 699, Relating to shareholders'
simultaneous participation in corporate meeting.
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. 699) 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. 699) 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. 700, Creating Community
Infrastructure Investment Program within Department of Commerce.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
At the request of Senator McCabe, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Senate Bill No. 705, Delaying effective date of Municipal
Sales and Service Tax and Municipal Use 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, 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. 705) 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. 716, Creating Regional Jail
Operators Partial Reimbursement 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, 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. 716) 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.
Com. Sub. for S. B. No. 716) 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. 748, Providing credit for mitigation
required as component of Army Corps of Engineers.
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. 748) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator McCabe, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and
resumed business under the eighth order.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of
Com. Sub. for Senate Bill No. 245, Relating to regulating
elections.
On third reading, coming up in deferred order, with Senator Sprouse's amendment pending, and with the right having been granted
on yesterday, Monday, March 28, 2005, for amendments to be received
on third reading, was again reported by the Clerk.
At the request of Senator Sprouse, and by unanimous consent,
Senator Sprouse's pending amendment to the bill (shown in the
Senate Journal of today, page 20) was withdrawn.
On motion of Senator Kessler, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page fourteen, section two-b, line twenty-two, after the
word "therein;" by inserting the word "and";
On pages fourteen and fifteen, section two-b, by striking out
all of subdivision (5);
And renumbering the remaining subdivision;
And,
On page thirty-nine, section eight, by striking out all of
paragraph (J).
The bill, as just amended, was ordered to engrossment
.
Engrossed Committee Substitute for Senate Bill No. 245 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. 245) passed.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
On 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. 245--A Bill
repeal §3-8-5c
of the Code of West Virginia, 1931, as amended; to amend said code
by adding thereto two new sections, designated §3-8-1a and §3-8-2b;
and to amend and reenact §3-8-2, §3-8-4, §3-8-5a, §3-8-7, §3-8-8
and §3-8-12 of said code, all relating to regulating elections;
defining terms; requiring the persons who engage in electioneering
communications to file financial statements with Secretary of
State; contents of statement and filing requirements; penalties for
filing delinquent or incomplete financial statements; increasing
penalty for violations of prohibitions on corporate contributions
to candidates or for electioneering communications; and prohibiting
political organizations and political action committees expressly
advocating nomination, election or defeat of candidate or engaging in electioneering communications from accepting corporate
contributions in excess of one thousand dollars during primary or
general election campaign periods.
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 Senate Bill
No. 245 having been concluded, the Senate proceeded to the
consideration of
Eng. Com. Sub. for Senate Bill No. 419, Providing governmental
entities relief from certain policies, rules and regulations
.
Having been read a third time in earlier proceedings today,
and now coming up in deferred order, was again reported by the
Clerk.
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 419 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 present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 419) 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.
Com. Sub. for S. B. No. 419) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 236, Requiring training in Alzheimer's disease
in certain health care facilities.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section six, line seven, by striking out the word
"Training" and inserting in lieu thereof the words "The training";
And,
On page two, section six, line fifteen, by striking out the
word "Training" and inserting in lieu thereof the words "The
training".
The bill (S. B. No. 236), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 240, Granting state employees paid leave for
organ donation.
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 two, section twenty-eight, lines one and two, by
striking out the words "two hundred forty" and inserting in lieu
thereof the words "one hundred twenty".
The bill (S. B. No. 240), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 267, Providing funding for teen
court programs.
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. 277, Creating Animal Regulation Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 417, Providing for organization and joint
ownership of county and municipal development authorities.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 428, Relating to
Rehabilitation Environmental Action Plan.
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. 450, Prohibiting compensation of
board of examination or registration members for certain travel
days.
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. 477, Requiring paper copy of
vote when using electronic voting system.
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 nine, line seventy, by striking out the word "must" and inserting in lieu thereof the word "shall";
On page five, section nine, line seventy-four, by striking out
the word "will" and inserting in lieu thereof the word "shall";
On page five, section nine, line seventy-four, by striking out
the word "such" and inserting in lieu thereof the word "the";
On page five, section nine, line seventy-five, by striking out
the word "therein" and inserting in lieu thereof the words "in the
storage containers";
On page six, section nine, line eighty-seven, by striking out
the word "will" and inserting in lieu thereof the word "shall";
On page six, section nine, line eighty-eight, by striking out
the word "will" and inserting in lieu thereof the word "shall";
On page ten, section nine, line one hundred eighty-one, by
striking out the words "are to";
On page eleven, section nine, line one hundred ninety, after
the word "and" by striking out the word "to";
And,
On page eleven, section twenty-eight, line six, by striking
out the word "must" and inserting in lieu thereof the word "shall".
The bill (Com. Sub. for S. B. No. 477), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 485, Relating to powers and
duties of Board of Pharmacy.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 502, Relating to
state pensions and retirement generally.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 513, Relating to tax credits for qualified
centers for economic development and technology advancement.
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 four, section eight, line forty-one, after the word
"qualified" by changing the period to a colon and inserting the
following proviso: And provided further, That not more than one
million dollars of the credits allowed in this subdivision may be
allocated to companies in the same county.
The bill (S. B. No. 513), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 524, Transferring centralized accounting
system from Department of Administration to Auditor's Office.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 536, Relating to creation and modification of
public service districts.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 561, Authorizing
Greater Huntington Park and Recreation District impose fees and
issue revenue bonds.
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. 575, Authorizing crossbow
hunting for disabled persons.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 628, Establishing State Trails Coordinator.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section one, line four, by striking out the word
"hereby";
On page two, section one, line eight, after the word "provide"
by inserting the word "an";
On page two, section one, line ten, by striking out the word
"utilizing" and inserting in lieu thereof the word "using";
On page three, section one, line thirty, by striking out the word "utilize" and inserting in lieu thereof the word "use";
On page three, section one, line thirty-five, by striking out
the word "such" and inserting in lieu thereof the word "that";
On page four, section two, line one, by striking out the word
"hereby";
On page five, section two, line twenty-seven, by striking out
the word "such" and inserting in lieu thereof the word "these";
On page five, section two, line thirty-one, by striking out
the words "the following powers and duties" and inserting in lieu
thereof the word "may";
On page six, section two, line fifty-six, after the word
"Committee;" by inserting the word "and";
On page nine, section three, lines forty-seven and forty-
eight, by striking out the words "may not be" and inserting in lieu
thereof the words "are not";
On page nine, section three, line fifty-four, by striking out
the word "shall";
On page nine, section three, line sixty-seven, by striking out
the words "purpose of the";
On page nine, section three, line sixty-eight, by striking out
the words "is to" and inserting in lieu thereof the word "shall".
On page eleven, after section four, by adding a new section,
designated section five, to read as follows:
§17-27-5. Continuation of the State Trails Coordinator and State Trails Advisory Committee.
The State Trails Coordinator and State Trails Advisory
Committee shall continue to exist, pursuant to the provisions of
article ten, chapter four of this code, until the first day of
July, two thousand eight, unless sooner terminated, continued or
reestablished pursuant to the provisions of that article.;
And,
On page one, 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 §17-27-1, §17-27-2,
§17-27-3, §17-27-4 and §17-27-5, all to read as follows:.
The bill (S. B. No. 628), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 650, Relating to small claims hearings by
Office of Tax Appeals.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 657, Providing exemption to time limit for
filing petition to appeal decision of Tax 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. 666, Relating to exemptions for certain insurance companies from business franchise tax and
corporation net income tax.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section seven, line twenty-one, after the word
"code" by changing the colon to a semicolon and striking out the
proviso;
And,
On page six, section five, line eight, after the word "code"
by changing the colon to a period and striking out the proviso.
The bill (Com. Sub. for S. B. No. 666), as amended, was then
ordered to engrossment and third reading.
Senate Bill No. 680, Changing filing time for subcontractor's
lien.
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. 717, Permitting Wetzel County
Hospital provide alternate retirement plan for new employees.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 728, Relating to disposition of state surplus property.
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. 740, Relating to conducting
inventory of technology infrastructure in state; other provisions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 749, Authorizing change in official name of
public service district in certain cases.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. House Bill No. 3001, Supplementary appropriation to the
governor's office, and the department of administration, office of
the secretary.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page seven, after line ninety-eight, by inserting the
following:
That the total appropriation for the fiscal year ending the
thirtieth day of June, two thousand five, to fund 0293, fiscal year
2005, organization 0432, be supplemented and amended by increasing
and adding to the total appropriation as follows:
TITLE II--APPROPRIATIONS.
Section 1. Appropriations from general revenue.
DEPARTMENT OF EDUCATION AND THE ARTS
41-Division of Culture and History
(WV Code Chapter 29)
Fund 0293 FY 2005 Org 0432
General
Act-Revenue
ivityFund
1 Personal Services001$28,500
3Employees Benefits01022,000
The bill (Eng. H. B. No. 3001), as amended, was then ordered
to third reading.
Eng. House Bill No. 3181, Supplementary appropriation to the
bureau of commerce, economic development authority.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The end of today's second reading calendar having been
reached, the Senate returned to the consideration of
Com. Sub. for Senate Bill No. 676, Relating to racial
profiling during traffic stops.
On third reading, coming up in deferred order, with amendments
offered by Senators Hunter, Unger and Oliverio pending, and with
the right having been granted on yesterday, Monday, March 28, 2005, for amendments to be received on third reading, was again reported
by the Clerk.
The question being on the adoption of the pending amendments
offered by Senators Hunter, Unger and Oliverio to the bill (shown
in the Senate Journal of today, pages 43 and 44, inclusive).
Senator Hunter then requested a division of the question
contained in the amendments offered by Senators Hunter, Unger and
Oliverio.
The President then stated that, without objection, the
question would be divided; and the body would first vote on the
amendment offered by Senators Hunter, Unger and Oliverio to the
bill (Com. Sub. for S. B. No. 676) on page four, section two, line
forty-four, after the word "origin" by striking out the comma and
the words "gender and age" and inserting in lieu thereof the words
"and gender".
At the request of Senator Hunter, and by unanimous consent,
the amendment offered by Senators Hunter, Unger and Oliverio to the
bill was withdrawn.
The question now being on the adoption of the amendments
offered by Senators Hunter, Unger and Oliverio to the bill (Com.
Sub. for S. B. No. 676) on page
four, section two, after line
forty-five, by inserting a new subdivision, designated subdivision
(b), to read as follows:
"(b) The reason for the stop;";
On page four, section two, line forty-six, by striking out
"(b)" and inserting in lieu thereof "(c)";
On page four, section two, after line forty-six, by inserting
a new subdivision, designated subdivision (d), to read as follows:
"(d) An identification number for the officer's patrol area to
be established by the head of the officer's law-enforcement
agency;";
And,
By relettering the remaining subdivisions.
The question being on the adoption of the foregoing amendments
offered by Senators Hunter, Unger and Oliverio to the bill, the
same was put and prevailed.
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 676 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. 676) passed with its title.
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 fourth order of business.
Senator Unger, from the Committee on
Transportation and
Infrastructure
, submitted the following report, which was received:
Your Committee on
Transportation and Infrastructure
has had
under consideration
Senate Concurrent Resolution No. 74 (originating in the
Committee on
Transportation and Infrastructure
)---Requesting the
Joint Committee on Government and Finance study the fiscal affairs
of West Virginia's publicly and privately owned and operated water
and sewer utilities.
Whereas, West Virginia's public water and sanitary sewer
utilities manage millions of dollars of public property; and
Whereas, Proper operational and fiscal management of these
utilities in accordance with good business practice is critical to
quality of life, positive business climate and economic development
in West Virginia; and
Whereas, Levels of federal funds available to support the
operation, maintenance, improvement, renewal and expansion of these
facilities are diminishing; and,
Whereas, It is critical to West Virginia's future that these
utilities are managed in a manner that promotes fiscal strength,
financial flexibility and independence while providing service at
just and reasonable rate levels; and
Whereas, The Public Service Commission of West Virginia is
empowered by statutory authority to provide regulatory oversight of
public utilities within the state on behalf of its citizens;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the fiscal affairs of West Virginia's publicly
and privately owned and operated water and sewer utilities; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance's study should include, at a minimum, the following:
Operating revenues per customer; operating income per customer;
total assets per customer; current assets per customer; current and
financial assets per customer; restricted assets per customer;
return on assets (net of plant); debt service coverage ratio; debt
ratio; operating and maintenance expense per customer;
infrastructure renewal rate; and average residential bill at a
typical usage rate; and, be it
Further Resolved, That the Joint Committee on Government and
Finance's study should compare and report upon the same issues for three utilities in other states corresponding to each class of
utility in West Virginia. A representative utility should have a
"AA" bond rating or higher, as designated by Standard & Poor's or
another credible bond rating agency; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Bowman and Kessler.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, the remarks by Senator Bowman were ordered
printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate recessed until 6 p.m.
today.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
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. 3033--A Bill to amend and
reenact §22-3-11 of the Code of West Virginia, 1931, as amended,
relating generally to the special reclamation tax; extending the
imposition of a temporary tax on clean coal mined for deposit into
the special reclamation fund for an additional period; and
providing duties for the Secretary of the Department of
Environmental Protection in managing the special reclamation
program.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration, the bill was
read a first time, ordered to second reading, and then referred to
the Committee on Finance.
The Senate again proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 29th 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:
(S. B. No. 413), Relating generally to financially related
activities of state-chartered banking institutions.
And,
(S. B. No. 476), Allowing use of red-colored artificial light
when hunting coyotes.
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
Com. Sub. for Senate Bill No. 587, Relating to appointment of
counsel in abuse and neglect cases.
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 it 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. 587) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a second time and ordered to
engrossment and third 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. 646, Excluding certain homeowners'
associations proceeds from business and occupation tax.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 646 (originating in the
Committee on Finance)--A Bill to amend and reenact §11-13-1 and
§11-13-3 of the Code of West Virginia, 1931, as amended, all
relating generally to business and occupation tax; exempting from
tax gross income received by nonprofit homeowners associations for
community services to members; deleting obsolete language; and
making technical corrections.
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. 646) 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. 675, Allowing county board of education enter
into lease-purchase agreements.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 28, 2005;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 675) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a second time and ordered to engrossment and
third reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 729, Authorizing magistrate courts order home
incarceration.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 729 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §62-11B-4
of the Code of West Virginia, 1931, as amended, relating to
authorizing magistrate courts to order home incarceration as a
condition of bail when doing so consistent with guidelines
promulgated by the Supreme Court of Appeals.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of Committee Substitute for Senate Bill
No. 729 contained in the foregoing report from the Committee on the
Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 729) was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 750 (originating in the Committee on
Education)--A Bill to repeal §18-9A-8a of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §18-9A-27, relating to changing
the method for determining the amount of funding for regional
education service agencies.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 750) contained in the preceding report
from the Committee on Education was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, 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, Unger, Weeks, Yoder and
Tomblin (Mr. President)--32.
The nays were: Sprouse--1.
Absent: White--1.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 750 was then read a third time and
put upon its passage.
At the request of Senator Plymale, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate again proceeded 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. 245, Relating to regulating
elections.
Having been advanced to third reading with the right to amend
on yesterday, Monday, March 28, 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 title amendment and passage.
The vote thereon having been reconsidered,
Thereafter, on motion of Senator Kessler, the following
amendment to the bill was reported by the Clerk and adopted:
On page fifteen, section two, line thirty-six, by striking out
the words "subdivisions (5) and (6)" and inserting in lieu thereof
the words "subdivision (5)".
The bill (Eng. Com. Sub. for S. B. No. 245), as just amended,
was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 245 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, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: White--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 245) passed.
On motion of Senator Kessler, 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. 245--
A Bill
repeal §3-8-5c
of the Code of West Virginia, 1931, as amended; to amend said code
by adding thereto two new sections, designated §3-8-1a and §3-8-2b;
and to amend and reenact §3-8-2, §3-8-4, §3-8-5a, §3-8-7, §3-8-8
and §3-8-12 of said code, all relating to regulating elections;
defining terms; requiring the persons who engage in electioneering
communications to file financial statements with Secretary of
State; contents of statement and filing requirements; penalties for
filing delinquent or incomplete financial statements; increasing
penalty for violations of prohibitions on corporate contributions
to candidates or for electioneering communications; and prohibiting
political organizations and political action committees expressly
advocating nomination, election or defeat of candidate or engaging
in electioneering communications from accepting corporate
contributions in excess of one thousand dollars during primary or
general election campaign periods.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Helmick, and by unanimous consent, the Senate returned to the consideration of
Eng. Senate Bill No. 628, Establishing State Trails
Coordinator.
Having been read a second time, amended and ordered to
engrossment and third readings in earlier proceedings today.
On motion of Senator Helmick, the Senate reconsidered the vote
by which in prior proceedings today it adopted the Finance
committee amendment to the bill on page eleven, after section four,
by adding a new section, designated section five, to read as
follows:
§17-27-5. Continuation of the State Trails Coordinator and State
Trails Advisory Committee.
The State Trails Coordinator and State Trails Advisory
Committee shall continue to exist, pursuant to the provisions of
article ten, chapter four of this code, until the first day of
July, two thousand eight, unless sooner terminated, continued or
reestablished pursuant to the provisions of that article.
The vote thereon having been reconsidered,
The question again being on the adoption of the Finance
committee amendment to the bill.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent being granted, the foregoing Finance
committee amendment to the bill was withdrawn.
On motion of Senator Helmick, the following amendment to the bill (Eng. S. B. No. 628) was reported by the Clerk and adopted:
On page eleven, after section four, by adding a new section,
designated section five, to read as follows:
§17-27-5. State Trails Coordinator and State Trails Advisory
Committee continued.
Pursuant to the provisions of article ten, chapter four of
this code, the State Trails Coordinator and State Trails Advisory
Committee shall continue to exist until the first day of July, two
thousand eight, unless sooner terminated, continued or
reestablished.
The bill (Eng. S. B. No. 628), as just amended, was again
ordered to engrossment and third reading.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, March 30, 2005, at 11 a.m.
____________