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

Charleston, W. Va., Wednesday, March 30, 2005

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend William D. Slates, Retired United Methodist Clergy, Oak Hill, West Virginia.
Pending the reading of the Journal of Tuesday, March 29, 2005,
On motion of Senator Minard, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 222, Relating to membership of Workforce Investment Council.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 45, Requesting Division of Highways name bridge on Route 16 and Route 50 near Ellenboro in Ritchie County "West Virginia State Trooper Larry G. Hacker Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 60, Requesting Congress provide funding for double-stack rail route in West Virginia in effort to improve access to affordable rail and truck transportation.
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. 2381--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-14; and to amend and reenact§16-5C-5, §16-5D-5, §16-5E-1a and §16-5N-5 of said code, all relating to patient or resident visitation rights; requiring public or private hospitals to permit patient visitation privileges for nonrelatives under certain circumstances; and requiring the director to propose legislative rules for certain resident visitation rights at nursing homes, assisted living residences, legally unlicensed health care homes and residential care communities.
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. 2392--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-28; to amend said code by adding thereto a new section, designated §33-4-21; to amend said code by adding thereto a new section, designated §33-24-45; to amend said code by adding thereto a new section, designated §33-25-22; and to amend said code by adding thereto a new section, designated §33-25A-36, all relating to requiring health benefit plans to issue uniform prescription drug cards or technology; providing exemptions for the Medicaid program; establishing format guidelines and coordination with federal laws; defining terms; providing enforcement authority to the Insurance Commissioner; requiring the Insurance Commissioner to propose rules for legislative approval; and establishing an effective date.
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 and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2528--A Bill to amend and reenact §18A-3-1a of the Code of West Virginia, 1931, as amended, relating to alternative programs for the education of teachers; providing for alternative program certificate, eligibility, issuance, scope and renewal limitation; changing activities, components and phases of training for alternative programs; providing for program coordination, training and approval; authorizing rule for separate program for special education teachers; and specifying certain employment status of alternative program teachers.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the adoption by that body of the committee of conference report, passage as amended by the conference report, to take effect July 1, 2005, and requested the concurrence of the Senate in the adoption thereof, as to
Eng. Com. Sub. for House Bill No. 2592, Relating to the design-build procurement act.
Whereupon, Senator Bailey, from the committee of conference on matters of disagreement between the two houses, as to
Eng. Com. Sub. for House Bill No. 2592, Relating to the design-build procurement act .
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the two houses as to the amendments of the House of Delegates to the Senate amendments to Engrossed Committee Substitute for House Bill No. 2592 having met, after full and free conference, have agreed to recommend and do recommend to their respective houses, as follows:
That both houses recede from their respective positions as to the amendments of the House of Delegates to the Senate amendments to the bill and agree to the same as follows:
§5-22A-15. Continuation of the Design-Build Board.
Pursuant to the provisions of article ten, chapter four of this code, the Design-Build Board shall continue to exist until the first day of July, two thousand eight, unless sooner terminated, continued or reestablished.
Respectfully submitted,
J. D. Bean, Chair, Timothy R. Ennis, Ron Walters, Conferees on the part of the House of Delegates.
Billy Wayne Bailey, Jr., Chair, Joseph M. Minard, Donna J. Boley (Did not sign), Conferees on the part of the Senate.
On motions of Senator Bailey, severally made, the report of the committee of conference was taken up for immediate consideration and adopted.
Engrossed Committee Substitute for House Bill No. 2592, as amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, 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 H. B. No. 2592) passed with its Senate amended 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 H. B. No. 2592) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2782--A Bill to amend and reenact §8-21-3 of the Code of West Virginia, 1931, as amended, relating to municipal board of park and recreation commissioners generally; increasing the number of members the governing body may appoint to a board of park and recreation commissioners to not more than seven; and providing for the appointment of not more than three members from the governing body if the board of park and recreation commissioners consists of six or seven members.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2929--A Bill to amend and reenact §30-4A-1, §30-4A-2, §30-4A-3, §30-4A-4, §30-4A-5, §30-4A-6, §30-4A-7, §30-4A-8, §30-4A-9, §30-4A-10, §30-4A-11, §30-4A-12, §30-4A-13, §30-4A-14, §30-4A-15, §30-4A-16 and §30-4A-17 of the Code of West Virginia, 1931, as amended; and that said code be amended by adding thereto a new section, designated §30-4A-18, all relating to the administration of anesthesia by dentists.
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. 2950--A Bill to amend and reenact §3-4A-9 and §2-4A-28 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §3-4A-9a, all relating to electronic voting systems; requiring a paper copy of a voter's votes when using an electronic voting system to vote; providing that the paper copy can only be used for a random count of precincts or if an election is contested, challenged or disputed; providing that the Secretary of State may promulgate rules; the authorization and use of ballot-marking accessible voting systems; setting forth minimum requirements for ballot marking accessible voting systems; and making certain technical changes that clarify access to maintenance and examination of sealed post-election materials and equipment during the canvass and requiring the immediate resealing.
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 and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2966--A Bill to amend and reenact §19-23-3, §19-23-9, §19-23-12b, §19-23-12c, §19-23-13b and §19-23-13c of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22A-10 and §29-22A-10b of said code, all relating to amending certain provisions of the code involving horse and dog racing and distribution of certain proceeds; providing a special fund, to be established by the Racing Commission, to be used for the payment of breeders awards, restrictive races and stakes purses; amending the definition of "fund"; deleting obsolete provisions; providing the Racing Commission deposit funds required to be withheld from an association or licensee, for purposes of retirement withholdings for employees of racing associations or licensees, into the "West Virginia Thoroughbred Fund"; deleting the stated objective for the fund to aid in the rejuvenation and development of horse tracks in the state for capital improvements, etc.; providing that the Commission establish funds and accounts for each association and licensee rather than holding funds in deposit in one fund; deleting current provisions concerning the distribution of balances remaining in breeders/raisers, sire owners and purse supplement funds; clarifying the meaning of the phrase "sufficient horses" for purposes of pari-mutuel thoroughbred horse tracks' provision of restricted races; providing that the "twenty percent larger" requirement for purses in restricted races is only applicable to thoroughbred racetracks that have participated in the West Virginia Thoroughbred Development Fund for more than four consecutive years; providing the Racing Commission may transfer funds back to the general purse fund if less than seventy-five percent of the restricted races fail to receive enough entries to race; deleting the provision that prohibits associations and licensees who qualify for alternate tax provisions contained in subsection (b), section ten, article twenty-three, chapter nineteen of said code from eligibility for treatment under the provisions of section thirteen-b of said article; providing that on the first day of January, two thousand six, licensed racing associations must have a West Virginia Thoroughbred Racing Breeders Program; providing under provisions relating to the expenditure of racetrack video lottery funds that the next two hundred thousand dollars deposited into the West Virginia Racing Commission Racetrack Video Lottery Account shall be used for promotional activities and purses for open stake races for the West Virginia Derby which is held at a racetrack that did not participate in the West Virginia Breeders Classic rather than the current statutory language which designates nonparticipation in the West Virginia Thoroughbred Development Fund; substituting the Breeders Classic for the Thoroughbred Development Fund; and deleting provisions relating to a racetrack which does not have a Breeders Program, supported by the Thoroughbred Development Fund or Greyhound Breeding Development Fund, that requires the one and one-half percent of terminal net income designated for the West Virginia Thoroughbred Development Fund to be diverted to the special fund established by the licensee and used for payment of regular purses.
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. 2989--A Bill to amend and reenact §17A-3-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-9-5 and §17A-9-7 of said code, all relating to the authority of the Division of Motor Vehicles to refuse to register and to suspend or revoke motor vehicle registrations of motor carriers whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration.
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. House Bill No. 3014--A Bill to amend and reenact §33-15- 2g of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-16-1b, all relating to required coverage for specific conditions or treatments in individual and group accident and sickness policies of insurance; and providing limitations on applicability of these requirements.
Referred to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3023--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-7-6e, relating to assessments and collections of assessment on all breeding-age sheep and all breeding-age goats; allocation of assessment proceeds; duties of county assessors and Commissioner of Agriculture; creation of special revenue funds; and purposes for which proceeds to be expended.
Referred to the Committee on Agriculture; 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. 3093--A Bill to amend and reenact §18-7B-7 of the Code of West Virginia, 1931, as amended, relating to membership in the teachers defined contribution plan; clarifying that all new employees are members as a condition of employment; providing for the termination of membership of River Valley Child Development Services, Inc.; providing for withdrawal from system without forfeiture; specifying time periods; requiring pension plan in lieu of teachers' defined contribution plan; notice; and option.
Referred to the Committee on Pensions; 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. 3102--A Bill to amend and reenact §19-20-12 of the Code of West Virginia, 1931, as amended, relating to prohibiting a person not the owner of a registered dog from removing tags, collars or apparel from a registered dog or turning off a radio-transmitting collar without the permission of the owner; and creating penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 56--Requesting the Director of the Office of Emergency Services to immediately repair inoperative IFLOWS rain and stream gauges to a minimum operational efficiency rating of 90 percent and to provide ongoing maintenance to keep the operational efficiency rating at 90 percent or more at all times.
Whereas, The Office of Emergency Services operates the Integrated Flood Warning System, known as IFLOWS, which is made up of a computer-operated communications network and rain and stream gauges; and
Whereas, Flood warnings and flood watches in West Virginia are issued by the National Weather Service based upon information obtained from IFLOWS rain and stream gauges located throughout the state; and
Whereas, Advanced flood warning is critical to saving lives, reducing property damage and reducing disruption of commerce and human activities; and
Whereas, In July 2003, the National Weather Service recognized West Virginia as having the largest and most reliable IFLOWS network of the 13 states in the eastern district with an operational efficiency rating over 90 percent; and
Whereas, In July 2004, the operational efficiency rating was at 60 percent and remained at the same level four months later; and
Whereas, On March 23, 2005, only 77 percent of all rain gauges were operational, up from 76 percent in January 2005 and 73 percent in December 2004; and
Whereas, There are a number of counties which on March 23, 2005, had 25 percent or more of all rain gauges inoperative. Those counties include: Mercer with no working rain gauge; McDowell with 75 percent of its rain gauges not working; Barbour with 50 percent of its rain gauges not working; Mingo with 38 percent of its rain gauges not working; Randolph with 32 percent of its rain gauges not working; and Pocahontas with 28 percent of its rain gauges not working; and
Whereas, The National Weather Service has been providing an annual grant to the IFLOWS program which provides nearly 25 percent of program funding; and
Whereas, Beginning this year, IFLOWS grants to states are being competitively awarded on merit and the ability of a state to maintain its IFLOWS network is a key criterion by which a state will be judged; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Director of the Office of Emergency Services to immediately repair inoperative IFLOWS rain and stream gauges to a minimum operational efficiency rating of 90 percent; and, be it
Further Resolved, That the Director of the Office of Emergency Services provide ongoing maintenance to keep the operational efficiency rating of rain and stream gauges at 90 percent at all times; and, be it
Further Resolved, That the Director of the Office of Emergency Services report to the Joint Committee on Government and Finance on or before the first day of June, 2005, and thereafter as may be required, as to the operational efficiency of the IFLOWS network; and, be it
Further Resolved, That the Clerk of the House of Delegates send a copy of this resolution to the Governor, the Secretary of the Department of Military Affairs and Public Safety and the Director of the Office of Emergency Services.
Referred to the Committee on Rules.
The Senate proceeded to the sixth order of business.
Petitions
Senator Hunter presented a petition from Jeanette M. Paugh and numerous Tucker County school employees, supporting various education-related legislation, including teacher pay raises, pension reform and additional school funding.
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 73, Requesting Division of Highways name bridge on U. S. Route 119 at Miller's Creek, Mingo County, "Arnold J. Starr Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 74, Requesting Joint Committee on Government and Finance study fiscal affairs of state water and sewer utilities.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
Senate Resolution No. 29, Urging United States Congress enact legislation regarding reduction targets for nitrogen oxide, sulphur dioxide and mercury.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Energy, Industry and Mining.
Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate third reading calendar, Engrossed Committee Substitute for Senate Bill No. 740.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 236, Requiring training in Alzheimer's disease in certain health care facilities.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Prezioso, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Prezioso, the following amendment to the bill was reported by the Clerk and adopted:
On page three, after section six, by inserting a new section, designated section seven, to read as follows:
§16-5R-7. Establishment of a central registry.
(a) There is established within West Virginia University the Alzheimer's Disease Registry. The purpose of the registry shall be to assist in the development of public policy and planning relative to Alzheimer's disease and related dementia and to identify training needs for health care professionals regarding Alzheimer's disease and related dementia. The registry shall provide a central database of individuals with Alzheimer's disease or related dementia.
(b) The governing board of West Virginia University shall propose rules pursuant to section six, article one, chapter eighteen-b of this code, to permit the establishment of an Alzheimer's Disease Registry. The rule should provide for:
(1) Collecting and evaluating data regarding the prevalence of Alzheimer's disease and related dementia in West Virginia, including who should report the data to the registry;
(2) What information is to be maintained on the registry and for how long;
(3) Providing information for policy planning purposes;
(4) Identification of training needs for health care providers and facilities on Alzheimer's disease and related dementia;
(5) Providing nonidentifying data to support research of Alzheimer's disease and related dementia;
(6) Development of curriculum for training health care providers on Alzheimer's disease and related dementia;
(7) The manner in which families and physicians of persons reporting to the registry may be contacted to gather additional data; and
(8) Information on available public and private resources.
(c) The information contained on the registry shall be confidential and all persons to whom the data is released shall assure patient confidentiality. No publication of information, biotechnical research or medical data may be made that identifies the patient by name. The rules promulgated pursuant to this section shall comply with the requirements of 42 U. S. C. §1301, et seq., and the Health Insurance Portability and Accountability Act of 1996.
On motion of Senator Prezioso, the following amendment to the bill was next reported by the Clerk and adopted:
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 two new sections, designated §16-5R-6 and §16-5R- 7, all to read as follows:.
The bill, as just amended, was again ordered to engrossment.
Engrossed Senate Bill No. 236 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. S. B. No. 236) passed.
At the request of Senator Helmick, as chair of the Committee on Finance, and by unanimous consent, the unreported Finance committee amendment to the title of the bill was withdrawn.
On motion of Senator Prezioso, the following amendment to the title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 236--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §16-5R-6 and §16-5R-7, all relating to the Alzheimer's Special Care Standards Act; providing for training requirements for providers in health facilities on the subject of Alzheimer's disease; establishing an Alzheimer's Disease Registry within West Virginia University to act as a central information database for policy and planning and training development relative to Alzheimer's disease; and rulemaking.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 240, Granting state employees paid leave for organ donation.
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. 240) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 240) 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. 267, Providing funding for teen court programs.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar.
Eng. Com. Sub. for Senate Bill No. 277, Creating Animal Regulation 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. Com. Sub. for S. B. No. 277) 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. 417, Providing for organization and joint ownership of joint development entities by municipalities and certain authorities.
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. 417) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 428, Relating to Rehabilitation Environmental Action Plan.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 428) 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. 450, Prohibiting compensation of board members from receiving compensation for certain travel days.
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. 450) 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. 450) 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. 477, Requiring paper copy of vote when using electronic voting system.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar, following consideration of Engrossed Committee Substitute for Senate Bill No. 267, already placed in that position.
Eng. Com. Sub. for Senate Bill No. 485, Relating to powers and duties of Board of Pharmacy.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
At the request of Senator Jenkins, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar, following consideration of Engrossed Committee Substitute for Senate Bill No. 477, already placed in that position.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 502, Relating to state pensions and retirement generally.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar, following consideration of Engrossed Committee Substitute for Senate Bill No. 485, already placed in that position.
Eng. Senate Bill No. 513, Relating to tax credits for qualified centers for economic development and technology advancement.
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. 513) 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. 524, Transferring centralized accounting system from Department of Administration to Auditor's Office.
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. 524) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 524) 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. 536, Relating to creation and modification of public service districts.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar, following consideration of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 502, already placed in that position.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 561, Authorizing Greater Huntington Park and Recreation District impose fees and issue revenue bonds.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 561) 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. 575, Authorizing crossbow hunting for disabled persons.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion and a point of inquiry to the President, with resultant response thereto,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 575 pass?"
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Sharpe, Sprouse, Weeks, Yoder and Tomblin (Mr. President)--29.
The nays were: Bailey, Fanning, Plymale, Unger and White--5.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 575) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senator Love as to the passage of Engrossed Committee Substitute for Senate Bill No. 575 were ordered printed in the Appendix to the Journal.
Eng. Com. Sub. for Senate Bill No. 587, Relating to appointment of counsel in abuse and neglect cases.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 587) 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. 628, Establishing State Trails Coordinator.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Barnes, Guills and Weeks--3.
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. 628) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 628--A Bill to amend the Code of West Virginia, 1931, as 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 relating to establishing a State Trails Coordinator; setting forth findings; defining the term "trails"; setting forth Coordinator's powers and duties; appointment of State Trails Advisory Committee; duties of Committee; reimbursement of expenses; reappointment; reports by Coordinator; and termination of Coordinator and Advisory Committee.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 650, Relating to small claims hearings by Office of Tax Appeals.
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. 650) 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. 657, Providing exemption to time limit for filing petition to appeal decision of Tax 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. 657) 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. 666, Relating to exemptions for certain insurance companies from business franchise tax and corporation net income 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: 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)--31.
The nays were: Bailey, Barnes and Chafin--3.
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. 666) 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. 675, Allowing county board of education enter into lease-purchase agreements.
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. 675) passed.
The following amendment to the title of the bill, from the Committee on Finance, 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. Senate Bill No. 675--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-9c, relating to allowing a county board of education to enter into a lease-purchase agreement for land, buildings and equipment; prerequisites to lease-purchase agreement; and allowing a county board entering into a lease-purchase agreement to borrow funds from the Department of Education and the School Building Authority to make a one-time payment due at the beginning of the lease term for the purpose of reducing the annual lease payments.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 680, Changing filing time for subcontractor's lien.
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. 680) 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. 700, Creating Community Infrastructure Investment Program within Department of Commerce.
Having been read a third time on yesterday, Tuesday, March 29, 2005, and now coming up in regular order, was reported by the Clerk.
At the request of Senator McCabe, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator McCabe, the following amendment to the bill was reported by the Clerk and adopted:
On page thirteen, section eight, line eighteen, after the word "Commission" by changing the period to a colon and inserting the following proviso: Provided, however, That projects under this article in counties experiencing a population growth in excess of twenty percent during the decade one thousand nine hundred ninety-- two thousand, as determined by the United States Census Bureau, must still obtain a certificate of convenience and necessity from the Public Service Commission.
At the request of Senator Guills, unanimous consent was granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Guills, the following amendments to the bill were next reported by the Clerk, considered simultaneously, and adopted:
On page eleven, section four, line sixty, by striking out the word "and";
On page eleven, section four, after line sixty, by inserting a new subdivision, designated subdivision (10), to read as follows:
"(10) Proof that the person responsible for construction of or improvements to the public facility has obtained a performance bond payable to the municipal utility or public service district equal to the estimated cost of construction: Provided, That the form of the bond required by this section shall be approved by the Secretary, and may include, at the option of the Secretary, surety bonding, collateral bonding (including cash and securities), establishment of an escrow account, letters of credit, performance bonding fund participation as established by the Secretary, self- bonding or a combination of these methods; and";
And,
On page eleven, section four, line sixty-one, by striking out "(10)" and inserting in lieu thereof "(11)".
Senator Caruth moved that the Senate reconsider its action by which on Monday, March 28, 2005, it rejected Senator Yoder's amendments on pages twelve and thirteen, by striking out all of section eight;
And,
On page thirteen, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:
§5B-1B-8. Rule-making authority.
Which motion, the President ruled out of order.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 700 was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 700 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, White and Tomblin (Mr. President)--25.
The nays were: Boley, Caruth, Deem, Guills, Love, Sprouse, Unger, Weeks and Yoder--9.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 700) passed.
On motion of Senator Yoder, 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. 700--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-1B-1, §5B-1B-2, §5B-1B-3, §5B-1B-4, §5B-1B- 5, §5B-1B-6, §5B-1B-7, §5B-1B-8 and §5B-1B-9, all relating to the creation of a Community Infrastructure Investment Program within the Department of Commerce; legislative findings; definitions; granting rule-making authority; authority to promulgate emergency rules; establishing process for issuance of certificate of appropriateness; providing for community infrastructure investment agreements; setting minimum terms; authority of Division of Health and Department of Environmental Protection not affected; requiring report to Joint Committee on Government and Finance; providing for administrative fees; establishing exemption from authority of Public Service Commission; requiring Public Service Commission certificate for projects in counties applying local powers act; and setting time limits for approval.
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. 717, Permitting Wetzel County Hospital provide alternate retirement plan for new employees.
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. 717) 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. 717) 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. 728, Relating to disposition of state surplus property.
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. 728) 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. 740, Relating to conducting inventory of technology infrastructure in state; other provisions.
Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Senate Bill No. 749, Authorizing change in official name of public service district in certain cases.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 749) 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. 750, Changing method for determining amount of funding for regional education service agencies.
Having been read a third time on yesterday, Tuesday, March 29, 2005, and now coming up in regular order, was reported by the Clerk.
The question being "Shall Engrossed Senate Bill No. 750 pass?"
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 750) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 750) 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. House Bill No. 3001, Supplementary appropriation to the governor's office, and the department of administration, office of the secretary.
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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3001) passed.
On motion of Senator Helmick, 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. House Bill No. 3001--A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Senate, Fund 0165, Fiscal Year 2005, Organization 2100, the House of Delegates, Fund 0170, Fiscal Year 2005, Organization 2200, the Joint Expenses, Fund 0175, Fiscal Year 2005, Organization 2300, the Governor's Office, Fund 0101, Fiscal Year 2005, Organization 0100, the Department of Administration - Office of the Secretary, Fund 0186, Fiscal Year 2005, Organization 0201, and the Division of Culture and History, Fund 0293, Fiscal Year 2005, Organization 0432, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five.
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. H. B. No. 3001) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 3181, Supplementary appropriation to the bureau of commerce, economic development authority.
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 McCabe moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Yoder and Tomblin (Mr. President)--23.
The nays were: Boley, Caruth, Chafin, Deem, Harrison, Love, Sprouse, Unger, Weeks and White--10.
Absent: None.
Excused from voting: McCabe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3181) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Yoder and Tomblin (Mr. President)--23.
The nays were: Boley, Caruth, Chafin, Deem, Harrison, Love, Sprouse, Unger, Weeks and White--10.
Absent: None.
Excused from voting: McCabe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3181) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate recessed until 5 p.m. today.
Upon expiration of the recess, the Senate reconvened.
Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had returned to the Senate calendar, on third reading, Engrossed Committee Substitute for Senate Bill No. 740.
The Senate then resumed business under the eighth order.
Eng. Com. Sub. for Senate Bill No. 740, Relating to conducting inventory of technology infrastructure in state; other provisions.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Unger, unanimous consent was granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Unger, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page five, section one, lines forty-five and forty-six, by striking out the words "in the reasonably near future through the efforts of private industry";
On page seven, section one, line ninety-seven, by striking out the word "service" and inserting in lieu thereof the word "services";
On page seven, section one, line ninety-nine, after the word "expansion" by inserting the word "is";
On page seven, section one, line one hundred one, after the word "have" by inserting the word "been";
On page eight, section one, line one hundred five, after the words "solution of" by inserting the words "all of";
On page eight, section one, lines one hundred nine and one hundred ten, by striking out the words "and will not be available in the reasonably near future through the efforts of private industry";
On pages eight and nine, section one, lines one hundred twenty-two and one hundred twenty-three, after the word "allow" by striking out the comma and the words "in the first instance, that";
On page nine, section one, line one hundred twenty-four, after the word "services" by inserting the word "to";
On page nine, section one, line one hundred twenty-four, by striking out the words "by the efforts of private industry";
On page nine, section one, line one hundred twenty-five, after the word "to" by inserting the words "offer or";
On page nine, section one, lines one hundred twenty-five and one hundred twenty-six, by striking out the words "where there has been a failure of private concerns";
On page nine, section one, lines one hundred twenty-eight through one hundred thirty-two, by striking out the words "(7) involve government through public-private partnership, but never in competition with like or substitute services already available at competitive rates through the singular investments and other efforts of private industry;";
On page nine, section one, line one hundred thirty-two, by striking out "(8)" and inserting in lieu thereof "(7)";
On page nine, section one, lines one hundred thirty-five and one hundred thirty-six, by striking out the words "enabled through public-private partnerships";
On page nine, section one, lines one hundred thirty-six through one hundred thirty-nine, by striking out the words "(9) enhance the effort of private industry without interfering with its ability to provide services over the current capacity or in planned capacities for the reasonably foreseeable future;";
On page nine, section one, line one hundred thirty-nine, after the word "and" by striking out "(10)" and inserting in lieu thereof "(8)";
On page nineteen, section six, line nine, after the word "culture" by inserting a comma and striking out the word "and";
On page nineteen, section six, line ten, after the word "partnerships" by inserting the words "and local governments";
On page twenty-one, section eight, line seventeen, after the word "efforts," by inserting the words "local governments,";
On page twenty-two, section eight, line twenty-nine, after the word "opportunity," by inserting the words "a representative of local government,";
On page twenty-three, section eight, line fifty-five, by striking out the word "that";
On page twenty-three, section eight, line fifty-eight, after the word "report" by inserting the words "and proposed legislation to carry out the discussion and findings of the report";
On page twenty-four, section eight, line seventy, after the word "business" by inserting a comma and striking out the word "and";
On page twenty-four, section eight, line seventy, after the word "industry" by inserting a comma and the words "and local government";
On page twenty-four, section eight, line seventy-one, by striking out the words "efforts of private industry" and inserting in lieu thereof the words "economy of the state";
On page twenty-four, section eight, lines seventy-seven through seventy-nine, by striking out the words "through like or substitute services of private industry and that would not be available in the reasonably foreseeable future without the opening up the market";
On page twenty-five, section eight, line eighty-seven, by striking out the words "favors and";
On page twenty-five, section eight, line eighty-seven, after the word "investment;" by inserting the words "(6) a discussion promoting technology infrastructure system projects through local government and public private partnerships; (7) a discussion promoting ubiquitous and coordinated deployment of technology infrastructure across the state; (8) a discussion regarding tax credits to promote technology infrastructure system projects in the state; (9) a discussion regarding technology infrastructure related to homeland security, and for the purposes of providing continuity of governmental operations in the event of emergencies; (10) a discussion promoting efficient delivery of technological advances and new services throughout the state in order to improve the health, safety, general welfare, and quality of life of all state residents and businesses; (11) a discussion promoting distance learning in the schools of this state; (12) a discussion regarding local government and public-private partnerships to issue bonds for technology infrastructure development; and";
On page twenty-five, section eight, line eighty-eight, by striking out "(6)" and inserting in lieu thereof "(13)";
On page twenty-five, section eight, lines ninety-one and ninety-two, by striking out the words "in a manner that favors and encourages private investment";
On page twenty-seven, after line seventeen, by striking out the remainder of the bill and inserting in lieu thereof the following:
§5B-4-10. Reservations of powers.
Nothing in this article shall be construed to limit the authority of local government, private entities or public-private partnerships to implement or develop technology infrastructure.;
And,
On pages two and three, 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 §5B-4-1, §5B-4-2, §5B- 4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9 and §5B- 5-10, all to read as follows:.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 740 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Chafin, Deem, Dempsey, Facemyer, Fanning, Foster, Guills, Helmick, Hunter, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--27.
The nays were: Barnes, Caruth, Edgell, Harrison, Jenkins, Plymale and Sprouse--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. 740) passed.
On motion of Senator Unger, 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. 740--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9 and §5B-4-10, all relating to conducting an inventory and developing coordinated deployment and operation of technology infrastructure within this state; legislative findings and purpose; definitions; reporting requirements; rule-making authority; exemptions from disclosure of confidential information; creating Joint Legislative Oversight Commission on Transportation and Infrastructure; creating Innovation Center; appointment and qualifications of Chief Officer of Innovation Center; powers and duties of Innovation Center; reporting requirements; appointment and duties of task force; and construction of article and reservation of powers.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 646, Excluding certain homeowners' associations proceeds from business and occupation tax.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third 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, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Committee Substitute for Senate Bill No. 646 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. 646) 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. 729, Authorizing magistrate courts order home incarceration.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third 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, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Committee Substitute for Senate Bill No. 729 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. 729) 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. 729) 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 House Bill No. 2492, Providing a funding mechanism for teen court programs.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 267.
The bill (Eng. Com. Sub. for H. B. No. 2492), as amended, was then ordered to third 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, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 2492) 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 H. B. No. 2492) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
Eng. Com. Sub. for Senate Bill No. 267, Providing funding for teen court programs.
On third reading, coming up in deferred order, was again reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the Committee on Finance.
Action as to Engrossed Committee Substitute for Senate Bill No. 267 having been concluded, the Senate proceeded to the consideration of
Eng. Com. Sub. for Senate Bill No. 477, Requiring paper copy of vote when using electronic voting system.
On third reading, coming up in deferred order, was again reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Action as to Engrossed Committee Substitute for Senate Bill No. 477 having been concluded, the Senate proceeded to the consideration of
Eng. Com. Sub. for Senate Bill No. 485, Relating to powers and duties of Board of Pharmacy.
Having been read a third time in earlier proceedings today, and now coming up in deferred order, was again reported by the Clerk.
At the request of Senator Jenkins, unanimous consent was granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Jenkins, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page five, section two, line sixty-one, after the word "necessary;" by inserting the word "and";
On page five, section two, by striking out all of subdivision (6);
And,
By renumbering the remaining subdivision.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 485 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. 485) passed.
On motion of Senator Jenkins, 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. 485--A Bill to amend and reenact §30-5-2 of the Code of West Virginia, 1931, as amended, relating to the Board of Pharmacy; stating parameters of compensation and expenses of Board; and empowering the Board of Pharmacy to waive rules for up to twelve months for approved pilot or demonstration projects.
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. 485 having been concluded, the Senate proceeded to the consideration of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 502, Relating to state pensions and retirement generally.
On third reading, coming up in deferred order, was again reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Action as to Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 502 having been concluded, the Senate proceeded to the consideration of
Eng. Senate Bill No. 536, Relating to creation and modification of public service districts.
On third reading, coming up in deferred order, was again reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 458, Permitting transfer of State Police for certain inappropriate conduct; relocation expense.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 25, 2005;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 458) 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.
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, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Weeks, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Boley, Minear, Sprouse and Unger--4.
Absent: None.
Engrossed Committee Substitute for Senate Bill No. 458 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Weeks, White, Yoder and Tomblin (Mr. President)--25.
The nays were: Barnes, Boley, Foster, Harrison, Hunter, McKenzie, Minear, Sprouse and Unger--9.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 458) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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. 542, Relating to venue for suits against state involving motor accidents.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on 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 Senate Bill No. 542 contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 542) contained in the preceding report 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, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Harrison and Sprouse--2.
Absent: None.
The bill was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page one, section two, line twenty-four, after the word "suggestee" by changing the comma to a colon, striking out the words "or accidents involving motor vehicles" and inserting in lieu thereof the following proviso: Provided, That a proceeding arising out of an accident involving motor vehicles may also be brought in the county in which the accident occurred.
The bill, as amended, was ordered to engrossment and third reading.
Engrossed Senate Bill No. 542 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, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Harrison and Sprouse--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. 542) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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. 710, Providing small grants program for Tourism Promotion Fund.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 25, 2005;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 710) contained in the preceding report from the Committee on Finance was taken up for immediate consideration and 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 twelve, line seventeen, after the word "year" by inserting the word "per".
The bill (S. B. No. 710), as amended, was then ordered to engrossment and third 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, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
Engrossed Senate Bill No. 710 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. S. B. No. 710) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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. 751 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand five, to the Department of Transportation - Division of Motor Vehicles, fund 9007, fiscal year 2005, organization 0802, by supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand five.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 751) 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 Tomblin (Mr. President) from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
Senate Concurrent Resolution No. 27, Requesting Joint Committee on Government and Finance study coordination of state laws and regulations for wrecked and dismantled vehicles.
Senate Concurrent Resolution No. 29, Requesting Joint Committee on Government and Finance continue Legislative Task Force on Juvenile Foster Care, Detention and Placement.
Senate Concurrent Resolution No. 33, Requesting Joint Committee on Government and Finance study mental health services for adolescents to reduce suicide and delinquency rates.
Senate Concurrent Resolution No. 41, Requesting Congress provide funding for double-stack rail route in state and requesting Joint Committee on Government and Finance study intermodal transportation.
Senate Concurrent Resolution No. 48, Requesting Joint Committee on Government and Finance study mental health services for certain military members and their families.
Senate Concurrent Resolution No. 61, Requesting Joint Committee on Government and Finance study intermodal transportation in state.
House Concurrent Resolution No. 12, Honoring the contributions of the Civilian Conservation Corps in West Virginia and designating March 31 each year as CCC Recognition Day.
And,
House Concurrent Resolution No. 17, Requesting the Joint Committee on Government and Finance to make a study of issues involving volunteer firefighters.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
Senator Tomblin (Mr. President) from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:
Senate Concurrent Resolution No. 64, Requesting Joint Committee on Government and Finance direct Legislative Oversight Commission on Health and Human Resources Accountability study recruitment and retention of Child Protective Services workers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Concurrent Resolution No. 64 (originating in the Committee on Rules)-- Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study the issue of recruitment and retention of Child Protective Services' workers.
Whereas, The mission of Child Protective Services is daunting but essential to the development of West Virginia's children who are in need of services offered by Child Protective Services; and
Whereas, Nearly 37 percent of West Virginia's Child Protective Services' workers have been on the job for less than one year, creating a tremendous learning curve which leaves a continuous void in the Child Protective Services program; and
Whereas, At any given time, 20 percent of the Child Protective Services' workers employed in the State of West Virginia are new to the program; and
Whereas, One of the primary reasons for lack of tenure among Child Protective Services' workers is the rapid turnover of employees due to the absence of a competitive salary for these individuals as compared to these positions in other states; and
Whereas, A seamless Child Protective Services program would benefit the children of West Virginia who become involved in the Child Protective Services program; and
Whereas, A study of recruitment tactics and retention incentives and alternatives for Child Protective Services' workers is essential and necessary to offer thorough and complete services to those West Virginians; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the Legislative Oversight Commission on Health and Human Resources Accountability study the issue of recruitment and retention of Child Protective Services' workers; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And,
Senate Concurrent Resolution No. 66, Requesting Joint Committee on Government and Finance study potential benefits of new municipal solid waste landfills, transfer stations and recycling facilities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Concurrent Resolution No. 66 (originating in the Committee on Rules)-- Requesting the Joint Committee on Government and Finance study the potential benefits of new municipal solid waste landfills, transfer stations and recycling facilities.
Whereas, Most counties are expected to demonstrate significant growth rates from 2005 through 2025; and
Whereas, Site planning for new landfills, transfer stations, construction demolition landfills and commercial recycling facilities would aid in the necessary, dependable, effective and efficient disposal and recycling of solid waste; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the potential benefits of new municipal solid waste landfills, transfer stations and recycling facilities; and, be it
Further Resolved, In conducting the study, the Joint Committee on Government and Finance should appoint a committee that includes members of the Legislature, as well as one representative of county commissions and one representative of county or regional solid waste authorities; and, be it
Further Resolved, That the study should include the promotion of waste handling competition and the examination of the feasibility of combining public and private partnerships in establishing landfills, transfer stations and recycling facilities; and, 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 the two committee substitutes be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, March 31, 2005, at 11 a.m.
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