(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
FIFTY-FIRST DAY
____________
Charleston, W. Va., Thursday, March 31, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Edward Reffitt, Prayer of
Hill Church of God, Wheeling, West Virginia.
Pending the reading of the Journal of Wednesday, March 30,
2005,
On motion of Senator Love, 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 adoption of
Senate Concurrent Resolution No. 54, Requesting Division of
Highways name bridge located on Route 19 between Flat Top Post
Office and Egeria Road "Mills/Hatcher Memorial Bridge".
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. 2011--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §55-7-23, relating to removing health care
providers' exposure to liability where, in certain cases involving
prescription drugs and medical devices, a person has been injured.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2012--A Bill to amend and reenact §18-2-5b
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §18A-4-4 of said code, all relating to providing a salary
supplement for providers of Medicaid-eligible services in the
public schools and the financing thereof.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2111--A Bill to amend and
reenact §16-4C-14 of the Code of West Virginia, 1931, as amended,
relating to allowing paramedics the right to practice in a hospital
emergency rule setting; and authorizing the promulgation of
legislative and emergency rules.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2163--A Bill to amend and
reenact §21A-6-3 of the Code of West Virginia, 1931, as amended,
relating to unemployment compensation generally; and eliminating
reductions in unemployment compensation for persons receiving
benefits under Title II of the Social Security Act or similar
payments under any act of Congress.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2184--A Bill to amend and reenact §20-2-57
of the Code of West Virginia, 1931, as amended, relating to
providing criminal penalties for shooting and wounding or killing
a human being by a person hunting, pursuing, taking or killing wild
animals or wild birds while under the influence of alcohol,
controlled substances or drugs; and permitting court-ordered
restitution.
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. 2266--A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended,
relating to imposing a one-hundred dollar per year fee for licenses
allowing wine sampling events by wine retailers; and authorizing a
special license to allow the sale and serving of wine by nonprofit
charitable organizations and associations for certain purposes
during one-day events.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2296--A Bill to amend and
reenact §59-1-14 of the Code of West Virginia, 1931, as amended,
relating to increasing service of process fees charged by the
sheriff; and providing that two dollars of the fees charged and
collected by the sheriff for service of process be placed in the
Deputy Sheriff Retirement Fund and that three dollars of the
increased fees be placed in the general revenue account of the
county commission.
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. House Bill No. 2307--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-401a, relating to establishing threshold
quantities of certain controlled substances to trigger prima facie
evidence of intent to deliver if possessed by an individual.
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. 2334--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §49-7-34, relating to creating a commission to
study the out-of-state placement of children; providing for members
and a chair; providing study topics; and requiring certain
reporting requirements on specific goals.
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. Com. Sub. for House Bill No. 2365--A Bill to amend and
reenact §18-5-4 and §18-5-5 of the Code of West Virginia, 1931, as
amended, all relating to county boards of education generally;
providing for disclosure of personal and pecuniary interests and
excusal from voting; prohibiting individual board members from
acting on behalf of the board in an individual capacity unless
authorized by statute; and penalty for violations.
Referred to the Committee on Education.
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. 2371--A Bill to amend and
reenact §30-5-1b of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto four new sections,
designated §30-5-26, §30-5-27, §30-5-28 and §30-5-29, all relating
to requirements for collaborative pharmacy practice agreements
between physicians and pharmacists; establishing locations; sunset
provisions; and granting rule-making authority.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2457--A Bill to amend and reenact §8-22-20
of the Code of West Virginia, 1931, as amended, relating to
modifying the basis for calculating the alternate method of annual
contribution required by municipalities into the Policemen's and
Firemen's Pension and Relief Fund in certain circumstances.
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. House Bill No. 2650--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §19-2F-1, §19-2F-2, §19-2F-3, §19-2F-4, §19-2F-5, §19-
2F-6, §19-2F-7, §19-2F-8, §19-2F-9, §19-2F-10 and §19-2F-11, all
relating to beef industry self-improvement assessment program;
stating purpose; defining terms; requiring petition to conduct
referendum; requiring a public hearing on referendum; requiring
notice of referendum; conducting referendum; authorizing subsequent
referendum; continuing Beef Industry Council; establishing
qualifications, appointment and terms of members; establishing
powers and duties of Council; requiring collection and remittance
of assessment; authorizing refunds; establishing penalties; and
continuing program.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2669--A Bill to amend and
reenact article 9, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules
by various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the
Legislature; disapproving the Board of Acupuncture to promulgate a
legislative rule relating to the dispensing of materia medica,
formulary and legend drugs; authorizing the Department of
Agriculture to promulgate a legislative rule relating to animal
disease control; authorizing the Department of Agriculture to
promulgate a legislative rule relating to the inspection of meat
and poultry; authorizing the Department of Agriculture to
promulgate a legislative rule relating to commercial feed;
authorizing the Board of Chiropractic Examiners to promulgate a
legislative rule relating to the chiropractic practice; authorizing
the Contractor Licensing Board to promulgate a legislative rule
relating to the West Virginia Contractor Licensing Act; authorizing
the Board of Dental Examiners to promulgate a legislative rule
relating to the Board; authorizing the Board of Dental Examiners to
promulgate a legislative rule relating to the formation and
approval of professional limited liability companies; authorizing
the Board of Dental Examiners to promulgate a legislative rule
relating to the formation and approval of dental corporations;
authorizing the Family Protection Services Board to promulgate a
legislative rule relating to perpetrator intervention programs licensure for correctional institutions; authorizing the Governor's
Committee on Crime, Delinquency and Correction to promulgate a
legislative rule relating to law-enforcement training standards;
authorizing the Governor's Committee on Crime, Delinquency and
Correction to promulgate a legislative rule relating to the
protocol for law-enforcement response to domestic violence;
disapproving the Governor's Committee on Crime, Delinquency and
Correction to promulgate a legislative rule relating to motor
vehicle stop data collection standards for the study of racial
profiling; authorizing the Hatfield-McCoy Regional Recreation
Authority to promulgate a legislative rule relating to use of
facilities; authorizing the Division of Information Services and
Communications to promulgate a legislative rule relating to
telecommunications payments by spending units; authorizing the
Board of Examiners of Land Surveyors to promulgate a legislative
rule relating to minimum standards for the practice of land
surveying in West Virginia; authorizing the Board of Examiners for
Licensed Practical Nurses to promulgate a legislative rule relating
to fees for services rendered by the Board; authorizing the Public
Service Commission to promulgate a legislative rule relating to
statewide telephone information and referral 211 service;
authorizing the Radiologic Technology Board of Examiners to
promulgate a legislative rule relating to the Board; authorizing
the Board of Examiners for Registered Professional Nurses to
promulgate a legislative rule relating to fees for services
rendered by the Board; authorizing the Secretary of State to promulgate a legislative rule relating to agencies designated to
provide voter registration services; authorizing the Board of
Examiners for Speech-Language Pathology and Audiology to promulgate
a legislative rule relating to speech-language pathology and
audiology assistants; authorizing the State Treasurer to promulgate
a legislative rule relating to procedures for fees in collections
by charge, credit or debit card or by electronic payment;
authorizing the Board of Veterinary Medicine to promulgate a
legislative rule relating to organization and operation;
authorizing the Board of Veterinary Medicine to promulgate a
legislative rule relating to certified animal euthanasia
technicians; and authorizing the Board of Veterinary Medicine to
promulgate a legislative rule relating to a schedule of fees.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2718--A Bill to amend and
reenact article 10, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules
by various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing the Economic Development Authority to
promulgate a legislative rule relating to the high-growth business
investment tax credit; authorizing the Bureau of Employment
Programs to promulgate a legislative rule relating to implementing
the requirement that prohibits agencies from granting, issuing or
renewing contracts, licenses, permits, certificates or other
authority to conduct a trade, profession or business; authorizing
the Division of Labor to promulgate a legislative rule relating to
the Elevator Safety Act; authorizing the Division of Labor to
promulgate a legislative rule relating to weights and measures
calibration fees; authorizing the Division of Labor to promulgate
a legislative rule relating to the West Virginia Manufactured
Housing Construction and Safety Standards Board; authorizing the
Division of Natural Resources to promulgate a legislative rule
relating to commercial whitewater outfitters; authorizing the
Division of Natural Resources to promulgate a legislative rule
relating to the commercial sale of wildlife; and authorizing the
Division of Natural Resources to promulgate a legislative rule relating to the revocation of hunting and fishing licenses.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2723--A Bill to amend and
reenact article 3, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules
by various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to permits for the
construction and major modification of major stationary sources of
air pollution for the prevention of significant deterioration; authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to emission standards for
hazardous air pollutants pursuant to 40 CFR Part 61; authorizing
the Department of Environmental Protection to promulgate a
legislative rule relating to standards of performance for new
stationary sources; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to permits for
the construction and major modification of major stationary sources
of air pollution which cause or contribute to nonattainment;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the prevention and
control of air pollution from hazardous waste treatment, storage or
disposal facilities; authorizing the Department of Environmental
Protection to promulgate a legislative rule relating to emission
standards for hazardous air pollutants for source categories
pursuant to 40 CFR Part 63; authorizing the Department of
Environmental Protection to promulgate a legislative rule relating
to West Virginia surface mining reclamation; authorizing the
Department of Environmental Protection to promulgate a legislative
rule relating to underground storage tank fee assessments;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to surface mining blasting;
authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to hazardous waste
management; authorizing the Department of Environmental Protection
to promulgate a legislative rule relating to the national pollutant discharge elimination system (NPDES) program; and authorizing the
Environmental Quality Board to promulgate a legislative rule
relating to requirements governing water quality standards.
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. 2780--A Bill to amend and reenact §29-22A-
10 of the Code of West Virginia, 1931, as amended, relating to
increasing the allocation of racetrack video lottery net terminal
income to be used for payment into the pension plan for employees
of the Licensed Racing Association; and relating to a corresponding
reduction to the allocation of racetrack video lottery net terminal
income to licensees.
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. 2781--A Bill to amend and
reenact §8-6-1, §8-6-4 and §8-6-5 of the Code of West Virginia,
1931, as amended, all relating to annexation of unincorporated
territory; providing additional requirements for petitions for
annexation; defining the term "additional territory"; providing
that, upon annexation, the municipality shall provide public
services within five years; requirements for the application for annexation for minor boundary adjustment; and consideration of
noncontiguous territory for annexation.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2795--A Bill to repeal §18B-2-9 of the
Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §18B-1-12; to amend and
reenact §18B-1B-6 of said code; and to amend and reenact §18B-2A-1
of said code, all relating generally to the relationships between
West Virginia University Institute of Technology, West Virginia
University and the West Virginia University Board of Governors;
providing for coordination, consolidation and incorporation of
certain systems, functions, operations and enterprises between the
institutions; establishing reporting and accountability
requirements for the President of West Virginia University
Institute of Technology; and expanding the membership of the West
Virginia University Board of Governors.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2808--A Bill to amend and reenact §50-1-2 of the Code of West Virginia, 1931, as amended, relating to adding
a magistrate to those serving Raleigh County.
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. Com. Sub. for House Bill No. 2825--A Bill to amend and
reenact §11-13T-4 of the Code of West Virginia, 1931, as amended,
relating to continuing the tax credit provided under said article
for physicians who practice obstetrics and gynecology.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2853--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17-2D-1, §17-2D-2, §17-2D-3 and §17-2D-4, all relating
to the West Virginia Courtesy Patrol; providing a purpose;
addressing the operation and scope of the courtesy patrol program;
and providing education services to Courtesy Patrol participants
after program enrollment.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2855--A Bill to amend and
reenact §18A-4-7b of the Code of West Virginia, 1931, as amended,
relating to retention of seniority for purpose of seeking
reemployment for professional employees whose employment with a
county board of education was terminated voluntarily.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2877--A Bill to amend and
reenact §6-6-7 of the Code of West Virginia, 1931, as amended; and
to amend said code by adding thereto a new section, designated §6-
6-7a, all relating generally to providing procedure for removal of
county, district or municipal officers; providing procedure for
removal of members appointed to county or municipal boards,
authorities or commissions for a fixed term; requiring written
notice of intent to remove; allowing appointed member to object in
writing to removal; requiring a hearing when member objects to
removal; requiring written decision after a removal hearing to
include findings of fact and conclusions of law removing or
refusing to remove member of board, authority or commission;
setting time periods for certain actions; authorizing appeal of
decision to circuit court; requiring written decision removing
member who does not respond to notice of intent to remove; authorizing appointment of member to fill vacancy of removed
member; and making technical corrections.
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. 2878--A Bill to amend and
reenact §23-1-1b of the Code of West Virginia, 1931, as amended; to
amend and reenact §33-41-8 of said code; and to amend said code by
adding thereto a new section, designated §33-41-8a, all relating to
insurance fraud; authorizing the Insurance Commissioner to assign
the workers' compensation fraud unit to investigate insurance
fraud; permitting the Insurance Commissioner's fraud unit to
investigate the forgery of insurance documents; designating the
fraud unit a criminal justice agency for purposes of access to
information; and requiring background checks of applicants for
employment with the fraud unit.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2891--A Bill to repeal §5-1B-1, §5-1B-2,
§5-1B-3, §5-1B-4, §5-1B-5, §5-1B-6, §5-1B-7 and §5-1B-8 of the Code
of West Virginia, 1931, as amended; to amend said code by adding
thereto a new article, designated §5A-6-1, §5A-6-2, §5A-6-3, §5A-6-4, §5A-6-5, §5A-6-6, §5A-6-7 and §5A-6-8; to amend and
reenact §5A-7-4 of said code; to amend and reenact §5A-8-15 of said
code; to amend and reenact §5B-3-4 and §5B-3-5 of said code; to
amend and reenact §5F-2-2 of said code; and to amend and reenact
§11-10A-6 and §11-10A-7 of said code, all relating to the
reorganization of the executive branch of state government;
transferring the Office of Technology from the Office of the
Governor to the Department of Administration; providing that the
Director of Information Services and Communications Division shall
report to the Chief Technology Officer; providing that the Director
of Information Services and Communications Division shall develop
and maintain an information systems disaster recovery system;
revising the membership of the Records Management and Preservation
Act; limiting the time period for department secretaries to
transfer funds within their respective departments; requiring
secretaries of departments to cooperate with the Office of
Pharmaceutical Advocate in purchasing prescription drugs; modifying
the term of the chief administrative law judge of the Office of Tax
Appeals; and providing that the Governor has the authority to
appoint two administrative law judges to the Office of Tax Appeals.
Referred to the Committee on Government Organization; 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. 2937--A Bill to repeal §33-11-5a of the Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new article, designated §33-13B-1, §33-13B-2, §33-
13B-3, §33-13B-4, §33-13B-5, §33-13B-6, §33-13B-7, §33-13B-8,
§33-13B-9, §33-13B-10 and §33-13B-11, all relating to the
replacement of individual life insurance policies and annuity
contracts.
Referred to the Committee on Banking and Insurance.
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. 2939--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §12-1-12b; to amend and reenact §12-3A-3 of said code;
and to amend and reenact §44-1-28 of said code, all relating
generally to the administration of moneys held by the state;
establishing specific authorization for the State Treasurer to
continue as the authorized official and representative as part of
the cash management duties; allowing the Auditor and Treasurer to
accept electronic submittal of documents without certification,
notarization or verification under certain circumstances; and
authorizing the Treasurer to remit property to heirs under certain
circumstances and establishing effect of such remittance.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2960--A Bill to amend and reenact §60-8-3
of the Code of West Virginia, 1931, as amended, relating to
permitting licensed restaurants to sell sealed bottles of wine
produced by a member of the West Virginia Farm Wineries Association
for consumption off the premises.
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. 2963--A Bill to amend and reenact §11-8-16
of the Code of West Virginia, 1931, as amended, relating to
clarifying the allowance of excess levy elections at primary
elections; and to remove language which conflicts with article X,
section eleven of the West Virginia Constitution.
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. 2980--A Bill to amend and
reenact §21-10-4, §21-10-5 and §21-10-6 of the Code of West
Virginia, 1931, as amended, all relating to the regulation of
amusement rides and amusement attractions; providing for oversight
and review of special inspectors; increasing annual permit fee;
requiring Division of Labor to set qualifications and process for
certification of special inspectors by legislative rule;
authorizing annual certification fee; allowing suspension or revocation of certifications; and allowing inspections by special
inspectors.
Referred to the Committee on Labor; 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. 2984--A Bill to repeal §12-8-1, §12-8-2,
§12-8-3, §12-8-4, §12-8-5, §12-8-6, §12-8-7, §12-8-8, §12-8-9, §12-
8-10, §12-8-11, §12-8-12, §12-8-13, §12-8-14 and §12-8-16 of the
Code of West Virginia, 1931, as amended; to amend and reenact §5-5-
3 of said code; to amend and reenact §5-10-2, §5-10-15, §5-10-17,
§5-10-21, §5-10-22, §5-10-23, §5-10-26, §5-10-27 and §5-10-44 of
said code; to amend and reenact §5-10A-2 and 5-10A-3 of said code;
to amend said code by adding thereto a new section, designated §5-
10A-11; to amend said code by adding thereto a new article,
designated §12-8A-1, §12-8A-2, §12-8A-3, §12-8A-4, §12-8A-5, §12-
8A-6, §12-8A-7, §12-8A-8, §12-8A-9, §12-8A-13, §12-8A-14, §12-8A-15
and §12-8A-16; to amend and reenact §7-14D-5, §7-14D-7, §7-14D-13
and §7-14D-23 of said code; to amend and reenact §15-2-26, §15-2-
27, §15-2-27a, §15-2-28, §15-2-29, §15-2-30, §15-2-31, §15-2-32,
§15-2-33, §15-2-34 and §15-2-37 of said code; to amend said code by
adding thereto three new sections, designated §15-2-25b, §15-2-31a
and §15-2-31b; to amend and reenact §15-2A-2, §15-2A-5, §15-2A-6,
§15-2A-7, §15-2A-8, §15-2A-9, §15-2A-10, §15-2A-11, §15-2A-12,
§15-2A-13, §15-2A-14 and §15-2A-19 of said code; to amend said code by adding thereto three new sections, designated §15-2A-11a, §15-
2A-11b and §15-2A-21; to amend and reenact §18-7A-3, §18-7A-14,
§18-7A-17, §18-7A-23a, §18-7A-25, §18-7A-26 and §18-7A-34 of said
code; to amend and reenact §18-7B-2, §18-7B-7, §18-7B-9, §18-7B-11,
§18-7B-12a and §18-7B-16 of said code; to amend said code by adding
thereto two new sections, designated §18-7B-7a and §18-7B-20; and
to amend said code by adding thereto a new article, designated §18-
7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7,
§18-7C-8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C-12, §18-7C-13 and
§18-7C-14, all relating to state pensions and retirement generally;
providing comprehensive changes to certain plans administered by
the Consolidated Public Retirement Board; enacting the Governor's
Pension Reform Act of 2005; rights of members' unused, accrued
leave in final average salary in the Public Employees Retirement
System; amending and adding definitions in the Public Employees
Retirement System; clarifying use of restricted qualified military
service credit to one retirement system; restricting certain rights
of members to select a plan beneficiary; establishing a cap on the
amount certain persons may receive from the Public Employees
Retirement System where that person is also receiving a pension
from another pension or retirement system administered by the
Consolidated Public Retirement Board; authorizing annual physician
review and requiring an annual statement of earnings from certain
persons receiving disability retirement payments; providing for
suspension of benefits upon failure of disability retiree to
furnish certain information; providing that interest is to be included in the calculation of terminal benefits payable as the
result of death of retired participants; addressing the correction
of employer errors; clarifying use of members' unused, accrued
leave in final average salary; making technical corrections to the
Public Employees Retirement System; amending the definitions of
less than honorable service and retirement plan; increasing the
time to issue notice to terminate benefits; requiring prosecuting
attorneys to notify retirement board of any convictions or pleas to
less than honorable service; repealing the article on Pension
Liability Redemption; creating a new article with respect to
Pension Obligation Bonds; setting forth short title; declaring
policy and making legislative findings; setting forth definitions;
providing for issuance of bonds; method of bond issuance and sale
of bonds; use of bond proceeds; creation of pension obligation bond
fund and disbursements therefrom; providing for refunding bonds;
setting forth state pledges and covenants; setting forth legal
remedies of bond holders; setting forth nature of bonds as legal
investments; providing exemption from taxation; providing
subaccount for savings; supersedure and severability; relating to
the Deputy Sheriff Retirement System; concurrent contributions by
members and employers; credit for nondeputy sheriff service in the
Public Employees Retirement System prior to transfer; treatment of
withdrawals not repaid prior to transfer; providing that any person
becoming a member of the Deputy Sheriff Retirement System after the
first day of July, two thousand five, may not borrow from that
plan; relating to the West Virginia State Police Death, Disability and Retirement Fund generally; adding general definitions to the
West Virginia State Police Death, Disability and Retirement Fund;
adding definitions of "law-enforcement officer", "partially
disabled", "totally disabled" and "physical or mental impairment"
to the West Virginia State Police Death, Disability and Retirement
Fund; making technical changes in to the West Virginia State Police
Death, Disability and Retirement Fund; providing for probable
permanent disability status; specifying that total disability now
is inability to perform any substantial gainful employment and that
partial disability is inability to perform law-enforcement duties;
specifying limitation on compensation rendered to health care
providers; providing that member receiving annuity for partial
disability incurred in performance of duty may be employed as an
elected sheriff or appointed chief of police if it is shown to the
Board that such employment is not inconsistent with the partial
disability; allowing application for disability to be made by
person acting on member's behalf; allowing Superintendent to
petition Board for member's disability when he or she deems the
member disabled; authorizing rules; judicial review; allowing Board
to withhold payment pending judicial review; requiring disability
recipient to file annual statement of earnings and setting forth
penalty for refusal or failure to do so; annual report of
employer's disability retirement experience in to the West Virginia
State Police Death, Disability and Retirement Fund; relating to
amending definitions in the West Virginia State Police Retirement
System; acquiring retirement credited service through member's use of accrued annual or sick leave days in the West Virginia State
Police Retirement System; establishing starting date for payment of
annuity in the West Virginia State Police Retirement System;
clarifying disability provisions and technical corrections in the
West Virginia State Police Retirement System; amending provisions
relating to the State Teachers Retirement System; amending, adding
and alphabetizing the definitions; providing for the use of
qualified military service in the State Teachers Retirement System;
providing that in the case of deceased retired participants that
interest is to be included in the calculation of terminal benefits
payable and making other technical modifications in the State
Teachers Retirement System; clarifying provisions for loan
repayment in the State Teachers Retirement System; replacing
earnable compensation with gross salary in the State Teachers
Retirement System; clarifying maximum loan amount and making
technical corrections in the State Teachers Retirement System;
discontinuing the loan program participation of teachers and
nonteachers who become members of the Teachers Retirement System on
or after the first day of July, two thousand five; amending certain
definitions in the Teachers Defined Contribution System; clarifying
participation requirement in the Teachers Defined Contribution
System; providing employer deadlines for deposit of contributions
in the Teachers Defined Contribution System; establishing when
payments are to be made into and out of the suspension account in
the Teachers Defined Contribution System; adding the Internal
Revenue Service provisions concerning incidental death benefits in the Teachers Defined Contribution System; clarifying that all years
of employee service will be counted for vesting purposes in the
Teachers Defined Contribution System; prohibiting involuntary cash-
outs effective the thirtieth day of June, two thousand five; making
technical corrections in the Teachers Defined Contribution System;
relating to the merger and consolidation of the Teachers Defined
Contribution Retirement System and the State Teachers Retirement
System generally; closing the Teachers Defined Contribution
Retirement System to newly hired personnel; providing legislative
findings and purpose; providing definitions; providing for merger
and consolidation of the Teachers Defined Contribution Retirement
System and the State Teachers Retirement System upon election;
providing responsibilities of the Consolidated Public Retirement
Board; setting forth dates and time periods for transition and
election; requiring that increase of or new benefits to the
Teachers Retirement System be amortized over a ten-year time
period; providing for education about election and merger for
members; requiring legal notice to members; providing for transfer
of assets from the Teachers Defined Contribution Retirement System
to the State Teachers Retirement System upon favorable vote for
consolidation and merger; providing that the Teachers Defined
Contribution Retirement System shall not exist upon favorable vote
for consolidation and merger; setting forth terms of merger and
consolidation of the Teachers Defined Contribution Retirement
System and the State Teachers Retirement System; providing for
service credit in the State Teachers Retirement; requiring members of Teachers Defined Contribution Plan to pay additional amount to
receive credit upon merger; providing options and loans for members
moving to the remaining plan; providing service credit for
transferring member; addressing withdrawals and cash outs;
providing for election on the question of merger and consolidation
of the Teachers Defined Contribution Retirement System and the
State Teachers Retirement System; setting forth requirements of
election; allowing Consolidated Public Retirement Board to contract
directly for professional services for purposes of performing its
responsibilities related to the merger and consolidation and
conducting the election; permitting only one election; addressing
qualified domestic relations orders; providing for vesting of
members and minimum guarantees of benefits for them; providing for
due process and right to appeal; and providing for nonseverability
of the new article.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2986--A Bill to amend and
reenact §17A-6-6 and §17A-6-18 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new article,
designated §17A-6E-1, §17A-6E-2, §17A-6E-3, §17A-6E-4, §17A-6E-5,
§17A-6E-6, §17A-6E-7, §17A-6E-8, §17A-6E-9, §17A-6E-10, §17A-6E-11,
§17A-6E-12 and §17A-6E-13, all relating generally to the regulation
of selling new or used vehicles; providing for the comprehensive regulation and licensing of persons who sell new or used vehicles
by requiring these persons to obtain licenses as salespersons;
authorizing fees; authorizing the Commissioner to propose
legislative rules; prohibiting the employment by dealers of
unlicensed salespersons; and authorizing the Commissioner to
conduct investigations and petition for injunctions under certain
circumstances.
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. 3019--A Bill to amend and reenact §18-2D-1
of the Code of West Virginia, 1931, as amended, relating to
recognizing the Appalachian Education Initiative promoting the role
of art education in the public schools.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3034--A Bill to amend and reenact §61-2-
10b of the Code of West Virginia, 1931, as amended, relating to the
crime of malicious assault, unlawful assault, battery and simple
assault upon a law-enforcement officer generally; and adding Public
Service Commission motor carrier inspectors as law-enforcement
officers who may be victims of these crimes.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3040--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18-3-12, relating to requiring that a study be
done to establish standards for the length of student bus
transportation times to and from school and a potential waiver
program.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3045--A Bill to amend and reenact §16-13A-
2 of the Code of West Virginia, 1931, as amended, relating to the
creation and modification of public service districts; requiring
the county commission to provide the Public Service Commission a
copy of the order or petition seeking the creation, modification or
dissolution of a public service district, as well as the time of
the hearing to be held by the county commission; and providing that
the Public Service Commission may conduct a hearing in the affected
county on the matter.
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. 3048--A Bill to repeal
§20-2-39, §20-2-40, §20-2-40b, §20-2-41, §20-2-43, §20-2-44a,
§20-2-45, §20-2-46b, §20-2-46c, §20-2-46d, §20-2-46f, §20-2-46g,
§20-2-46i, §20-2-46j, §20-2-46k, §20-2-46l, §20-2-46m and §20-2-63
of the Code of West Virginia, 1931, as amended; to amend and
reenact §20-2-30a, §20-2-33, §20-2-44 and §20-2-44b of said code;
to amend said code by adding thereto twenty-three new sections,
designated §20-2-42, §20-2-42a, §20-2-42b, §20-2-42c, §20-2-42d,
§20-2-42e, §20-2-42f, §20-2-42g, §20-2-42h, §20-2-42i, §20-2-42j,
§20-2-42k, §20-2-42l, §20-2-42m, §20-2-42n, §20-2-42o, §20-2-42p,
§20-2-42q, §20-2-42r, §20-2-42s, §20-2-42t, §20-2-42u and
§20-2-42v; and to amend and reenact §20-2B-6, §20-2B-7, §20-2B-8,
§20-2B-9 and §20-2B-10 of said code, all relating to the
restructuring of the hunting and fishing license system; increasing
fees; providing an effective date; creating a system to index fees
to the Consumer Price Index; and providing for requirements for
certification of training.
Referred to the Committee on Natural 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. Com. Sub. for House Bill No. 3049--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-9C, relating to creating a new crime of
wanton endangerment involving the use of fire; and imposing a
criminal penalty.
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. 3051--A Bill to amend and
reenact §20-1-2 of the Code of West Virginia, 1931, as amended,
relating to adding and modifying definitions of certain terms
relative to natural resources.
Referred to the Committee on Natural Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3053--A Bill to repeal §8-13B-1, §8-13B-2,
§8-13B-3, §8-13B-4, §8-13B-5, §8-13B-6, §8-13B-7, §8-13B-8, §8-13B-
9, §8-13B-10, §8-13B-11, §8-13B-12, §8-13B-13, §8-13B-14, §8-13B-
15, §8-13B-16, §8-13B-17, §8-13B-18, §8-13B-19 and §8-13B-20 of the
Code of West Virginia, 1931, as amended, all relating to the
Downtown Redevelopment District Act.
Referred to the Committee on Economic Development; and then to
the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3068--A Bill to amend and
reenact §21-3C-5 and §21-3C-11 of the Code of West Virginia, 1931,
as amended, all relating to elevator inspections; authorizing
private inspectors to conduct annual inspections of elevators;
authorizing the Division of Labor to perform compliance
inspections; and increasing fees for elevator permits.
Referred to the Committee on Labor.
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. 3089--A Bill to amend and
reenact §17C-17A-3 and §17C-17A-12 of the Code of West Virginia,
1931, as amended; and to amend and reenact §24A-1A-2 of said code,
all relating to the regulation of the commercial transportation of
coal; adding representatives to the Commercial Motor Vehicle Weight
and Safety Enforcement Advisory Committee; providing that Committee
with oversight of the implementation and administration of the
Commercial Motor Vehicle Weight and Safety Enforcement Program;
authorizing the Division to provide for special crossing permits by
legislative rule; creating the Coal Resource Transportation
Designation Committee; authorizing inclusion of roads and bridges
into the Coal Resource Transportation Road System under certain
circumstances; and adding routes to the Coal Resource
Transportation Road System in Braxton, Webster, Nicholas and Ohio
counties.
Referred to the Committee on Transportation and Infrastructure; 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. 3092--A Bill to amend and reenact §20-14-2
of the Code of West Virginia, 1931, as amended, relating to adding
the counties of Mercer and Raleigh as participating members of the
Hatfield-McCoy Regional Recreational Authority.
Referred to the Committee on Government Organization; 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. 3094--A Bill to repeal §48-14-419 of the
Code of West Virginia, 1931, as amended; to repeal §48-16-308 of
said code; to repeal §48-18-109 and §48-18-127 of said code; to
amend and reenact §48-17-101 of said code; to amend and reenact
§48-18-103, §48-18-108, §48-18-112, §48-18-113, §48-18-117, §48-18-
118, §48-18-119 and §48-18-121 of said code; and to amend and
reenact §48-19-102 said code, all relating to child support and
enforcement; modifying the definition of "substantial change"
justifying the modification of a support order; including
education-related child care expenses in the child support
calculation; eliminating the twenty-five percent reduction to the
child support adjustment; repealing authority of the West Virginia
Support Enforcement Commission to promulgate rules; repealing certain duties of the Commission; repealing authority of Bureau of
Child Support Enforcement to contract for certain services;
repealing authority of Commission to adopt form to identify support
payments; increasing the number of members on the Commission;
altering the organization of certain Bureau employees; removing
Commission authority to promulgate fee rules; authorizing the
Commissioner of the Bureau of Child Support Enforcement to
cooperate with other states in the enforcement of child support;
moving certain rule-making authority from the Commission to the
Commissioner; removing Commission authority to require certain
bonding requirements of Bureau employees; moving authority from
Commission to the Commissioner relating to collecting child support
from state and federal taxes; revising requirements relating to
withholding child support payments from the Bureau of Employment
Programs; and removing geographic delineations for certain Bureau
attorneys.
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. 3098--A Bill to amend and reenact §61-8D-1
and §61-8D-5 of the Code of West Virginia, 1931, as amended, all
relating to sexual crimes committed against children; defining
position of trust in relation to a child victim; expanding the
existing felony offense of sexual exploitation or sexual abuse of
a child under said article to include offenses by persons who hold who a position of trust or authority in relation to a child; and
establishing related criminal penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3107--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §18-2K-1, §18-2K-2, §18-2K-3, §18-2K-4 and §18-
2K-5; and to amend said code by adding thereto a new section,
designated §18-9A-10a, all relating to improving health care in the
public schools; requiring the State Board of Education to adopt and
disseminate guidelines for the development and implementation of
individual diabetes care plans; requiring local boards of education
to implement these guidelines; providing an allowance for student
health services; making findings and stating intent of section;
excepting allowance from state aid personnel ratios; and specifying
amount, eligibility determination and recipient counties.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3108--A Bill to amend and reenact §18-2-26
of the Code of West Virginia, 1931, as amended, relating to
increasing focus of regional education service agencies on school improvement; providing direct role for State Superintendent in
agency formation, oversight, employment and school improvement
functions; removing requirements for State Board rule; providing
for regional councils and their members and functions; and changing
reporting requirements.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3125--A Bill to amend and reenact §11-13J-
12 of the Code of West Virginia, 1931, as amended, relating to "The
Neighborhood Investment Program Act"; requiring a biannual
independent review of the Neighborhood Investment Program; and
extending the termination date of the act.
Referred to the Committee on Economic Development; 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. 3130--A Bill to amend and
reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and
to amend and reenact §16-2-11 of said code, all relating to
requiring local boards of health to conduct inspections of all
schools; and authorizing the Commissioner of the Bureau for Public
Health to promulgate and establish standards for these inspections. Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3138--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §33-16E-1, §33-16E-2, §33-16E-3, §33-16E-4,
§33-16E-5, §33-16E-6 and §33-16E-7, all relating to requiring
certain health insurance plans to cover the cost of contraceptives
and contraceptive devices.
Referred to the Committee on Banking and Insurance; 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. 3145--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §55-7-19a, relating to providing limited
immunity from civil damages for persons who volunteer their
services to public health departments; and providing that the
limitation of liability does not apply to intentional tortious
conduct or acts or omissions constituting gross negligence.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3151--A Bill to amend and reenact
§30-7C-1, §30-7C-2, §30-7C-3, §30-7C-4, §30-7C-5 and §30-7C-6 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto seven new sections, designated §30-7C-7,
§30-7C-8, §30-7C-9, §30-7C-10, §30-7C-11, §30-7C-12 and §30-7C-13,
all relating to regulating dialysis technicians by the Board of
Examiners for Registered Professional Nurses; authorizing
performance and delegation of dialysis care; defining terms and
activities; establishing qualifications and exceptions; providing
for an application process and payment of fees to the Board;
authorizing the use of titles; providing for approval of training
programs and testing standards; defining powers and duties of the
Board; providing for rule-making authority; establishing a dialysis
technician advisory council; establishing a disciplinary procedure
and grounds for discipline; prohibiting certain acts; providing for
penalties; and providing for judicial review and injunctive and
other relief.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3153--A Bill to amend and reenact §61-3-28
and §61-3-41 of the Code of West Virginia, 1931, as amended, all
relating to creation of criminal offenses for damaging, stealing or
injury to railroad property; defining terms; creating an offense for reckless disregard for railroad property; creating an offense
for intentionally damaging railroad property; and providing
penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3160--A Bill to amend and reenact §5-10D-1
of the Code of West Virginia, 1931, as amended, relating to
authorizing the Consolidated Public Retirement Board to recover
from a participating employer that fails to pay contributions due
the Board in a timely manner, amounts not to exceed interest or
other earnings lost as a result of the untimely payment, or a
reasonable minimum fee, whichever is greater, as provided by
legislative rule; and requiring that any amounts recovered shall be
administered in the same manner in which the contributions are
required to be administered.
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. 3174--A Bill to amend and
reenact §55-7-11a of the Code of West Virginia, 1931, as amended,
relating to the admissibility of expressions of apology, sympathy,
commiseration, condolence, compassion or general sense of benevolence made by a health care provider to a patient or
relatives or representatives of the patient; inadmissability of
statements as evidence of admission of liability; and definition of
terms.
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. 3178--A Bill to amend and
reenact §48-5-608 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §48-27-305, §48-27-401, §48-27-503, §48-
27-504, §48-27-902 and §48-27-1001 of said code, all relating to
domestic violence generally.
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. 3203--A Bill to amend and reenact §8-13C-1
and §8-13C-9 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §8-13C-
14, all relating to the use of proceeds from a pension relief
municipal occupational tax, a pension relief municipal sales and
service tax and a pension relief municipal use tax; the loss of
authority to impose those taxes; authorizing a qualifying
municipality, subject to meeting certain requirements, to close
their existing pension and relief fund plan for policemen and firemen to those hired after a future date; authorizing a
qualifying municipality, subject to meeting certain requirements,
to establish a defined contribution plan for policemen and firemen
hired on and after the future date; and authorizing a qualifying
municipality, subject to meeting certain requirements, to issue
revenue bonds for the purpose of eliminating the unfunded actuarial
accrued liability of the existing pension and relief fund plan for
policemen and firemen and to issue refunding bonds issued to
refund, in whole or in part, bonds issued for that purpose.
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. 3208--A Bill to amend and
reenact §24-6-6b of the Code of West Virginia, 1931, as amended,
relating to the wireless enhanced 911 fee; and adjusting the
formula by which the Public Service Commission distributes wireless
enhanced 911 fees to the counties.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3211--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §47-17-1, relating to providing that a purchaser of motor fuel may by contract delay payment of reimbursement of
federal taxes due on the motor fuel purchase to the vendor until
one day before the federal taxes are due from the vendor.
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. 3212--A Bill to amend and reenact §61-5-27
of the Code of West Virginia, 1931, as amended, relating to the
crimes of intimidation or retaliation against informants;
establishing a misdemeanor offense for first offense intimidation
of an informant; establishing felony for second and subsequent
offense of intimidation of an informant; establishing the felony
offense of retaliation against an informant; defining "informant"
for the purposes of these offenses; and establishing related
criminal penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3213--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-16a, relating to creating the crimes of malicious
assault; unlawful assault; battery and recidivism of battery;
assault on a driver, conductor, motorman, captain or other person in charge of any vehicle used for public conveyance; and providing
penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3214--A Bill to amend and
reenact §62-12-2 the Code of West Virginia, 1931, as amended; and
to amend said code by adding thereto a new section, designated §62-
12-25, all relating to the administration of polygraph examinations
for risk assessment and treatment purposes to sex offenders who are
on probation or parole.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3216--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §4-1A-1, §4-1A-2, §4-1A-3, §4-1A-4, §4-1A-5, §4-1A-6,
§4-1A-7, §4-1A-8, §4-1A-9, §4-1A-10, §4-1A-11, §4-1A-12, §4-1A-13,
§4-1A-14, §4-1A-15 and §4-1A-16, all relating to describing the
scope and limitations of legislative immunity.
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. 3217--A Bill to amend and reenact §50-2-3
of the Code of West Virginia, 1931, as amended, relating to
authorizing magistrates to impose home confinement for certain
nonviolent offenders in lieu of a bail bond.
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. 3219--A Bill to amend §14-2A-3 of the Code
of West Virginia, 1931, as amended, relating to compensation awards
to victims of crimes, patient; amending the definition of
"claimant" so as to include persons who are assignees of a crime
victim, hold power of attorney with respect to the crime victim or
otherwise have been authorized to act on a victim's behalf.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3225--A Bill to amend and reenact §18-9-3a
of the Code of West Virginia, 1931, as amended, relating to the
preparation and publication of year-end financial statements by
county boards of education; requiring preparation of statement
conform with certain accounting principles; increasing dollar
amount threshold for including name of firm, corporation and person
in statement; and changing publication requirement.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3236--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §22-3-11a; and to amend and reenact §22-3-32 of said
code, all relating to the special reclamation tax and special tax
on coal production; providing that both of these taxes apply to
production of thin seam coal; and providing that the special
reclamation is subject to the West Virginia Tax Crimes and
Penalties Act and the West Virginia Tax Procedure and
Administration Act.
Referred 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. 3258--A Bill to amend and reenact §11-16-8
of the Code of West Virginia, 1931, as amended, relating to
permitting the sale of nonintoxicating beer within a certain
distance from a church that consents to the sale.
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. 3280--A Bill to amend and reenact §16-13A-25 of the Code of West Virginia, 1931, as amended; and to amend and
reenact §24-2-11 of said code, all relating to modifying the review
by the Public Service Commission of public convenience and
necessity applications where the project has been approved by
Infrastructure and Jobs Development Council; removing the necessity
for public service districts to prefile with the Public Service
Commission; providing for a waiver of thirty-day notice requirement
for projects approved by the Infrastructure and Jobs Development
Council; providing that the Public Service Commission render a
final decision on Infrastructure and Jobs Development Council-
approved applications; and providing that Infrastructure and Jobs
Development Council-approved projects receiving a certificate of
public convenience may not be compelled to reopen.
Referred to the Committee on Economic Development; 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. 3281--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §3-9-25, relating to the crime of altering, destroying
or tampering with computer equipment containing voter registration
information; accessing or attempting to access confidential voter
registration information; and defenses.
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. 3282--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-8-28a, relating to the taking of pictures of a
nonconsenting individual in public and private places; and
establishing fines and penalties for violations.
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. 3293--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §31-20A-1, §31-20A-2, §31-20A-3, §31-20A-4, §31-20A-5,
§31-20A-6, §31-20A-7, §31-20A-8, §31-20A-9, §31-20A-10, §31-20A-11,
§31-20A-12, §31-20A-13, §31-20A-14 and §31-20A-15, all relating to
establishing residential treatment programs for regional jail
inmates who are abusers of alcohol and other drugs.
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. 3306--A Bill to amend and reenact §15-2C-6
of the Code of West Virginia, 1931, as amended, relating to fees
charged for requests for information from the central abuse
registry; providing that fees charged for requests for information from the central abuse registry may be used for criminal
recordkeeping; and providing definitions.
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. 3308--A Bill to amend and reenact §60-7-4
of the Code of West Virginia, 1931, as amended, relating to private
clubs; and deleting provision that allowed private clubs segregated
on the basis of race or color to obtain license to sell alcoholic
liquors.
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. 3309--A Bill to amend and reenact §11-13a-
2 of the Code of West Virginia, 1931, as amended, relating to
exempting comprehensive mental retardation centers from the
provider tax.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3328--A Bill to amend and
reenact §15-5-1, §15-5-2, §15-5-3 and §15-5-13 of the Code of West Virginia, 1931, as amended, all relating the Office of Emergency
Services; changing the name of the Office of Emergency Services to
the Division of Homeland Security and Emergency Management;
transferring duties, functions, personnel and related entities;
specifying qualifications of the Director; directing entities to
coordinate and cooperate with the Secretary of the Department of
Military Affairs and Public Safety as to the receipt of federal
funds for homeland security and emergency services purposes;
providing that the Governor may require certain reports from
entities receiving services, equipment, supplies, materials or
funds for homeland security and emergency services purposes; and
requiring copies of reports to be furnished to the Legislature.
Referred to the Committee on Government Organization; 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. 3340--A Bill to amend and reenact §48-1-
228 of the Code of West Virginia, 1931, as amended, relating to the
definition of gross income for purposes of determining child
support; and providing that certain employment-related expenses are
excluded from gross income.
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. 3354--A Bill to amend and reenact §22-6-2,
§22-6-12 and §22-6-29 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §22-21-2, §22-21-3, §22-21-6,
§22-21-7 and §22-21-20 of said code, all relating to the
Secretary's authority to assess a permit fee for well work permits,
deep wells, coalbed methane wells and reclamation fund fees; plat
information; definitions; damage compensation; consent and
agreement of coal owner and operator; and spacing of coalbed
methane wells.
Referred to the Committee on Energy, Industry and Mining; 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. 3355--A Bill to amend and reenact §21A-1A-
17 of the Code of West Virginia, 1931, as amended; to amend and
reenact §21A-2-6 of said code; to amend said code by adding thereto
a new section, designated §21A-5-10c; and to amend and reenact
§21A-6-1 and §21A-6-3 of said code, all relating to unemployment
compensation generally; revoking and preventing contractual
relationships or licensure with employers who are in default;
placing a limit on the amount of wages an election official can
receive in a calendar year that are not considered employment wages
for unemployment compensation purposes; preventing State
Unemployment Tax Act (SETA) dumping, a method to circumvent the
paying of proper unemployment compensation taxes in order to comply with federal requirements; eliminating reductions in unemployment
compensation for persons receiving benefits under Title II of the
Social Security Act or similar payments under any act of Congress;
providing for disqualification of benefits under certain
circumstances; and imposing a criminal penalty for dumping
violations.
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. 3356--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §22C-3-26; to amend and reenact §22C-4-3 and §22C-4-4 of
said code; and to amend said code by adding thereto a new section,
designated §22C-4-9a, all relating generally to the powers and
duties of the Solid Waste Management Board; providing for
performance reviews of authorities and performance measures;
requiring proposal of legislative rules for implementation of
review process and system; circumstances under which Solid Waste
Management Board is authorized to intervene in and supersede the
exercise of authority related to certain county or regional solid
waste authorities that operate a solid waste facility; providing
for establishment of a uniform chart of accounts delineating common
revenue and expense account naming conventions to be adopted by all
county and regional solid waste authorities; and requiring audits of authorities.
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. 3357--A Bill to amend and reenact §11-15B-
2 and §11-15B-2a of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§11-15B-4a, all relating generally to streamlined sales and use tax
administration; defining certain terms; and providing for
representation on governing board of streamlined sales and use tax
agreement.
Referred 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. 3358--A Bill to amend and reenact §11-13A-
3a, §11-13A-3b and §11-13A-3d of the Code of West Virginia, 1931,
as amended, all relating to the reduction from five percent to four
percent in the severance tax imposed on natural gas produced from
wells placed in service on or after the first day of July, two
thousand five; reducing from three and twenty-two hundredths
percent to one and twenty-two hundredths percent in the severance
tax imposed on timber produced on or after the first day of
December, two thousand five; reducing the period of availability of a certain five-year severance tax exemption for coalbed methane
production; and reducing from five percent to four percent the
severance tax on gas produced from coalbed methane wells on or
after the first day of July, two thousand five.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3359--A Bill to amend and reenact §18A-4-
15 of the Code of West Virginia, 1931, as amended, relating to
filling the positions and extra-duty assignments of the absent
school bus operators.
Referred to the Committee on Education.
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. 3360--A Bill to amend and reenact §5A-7-4
of the Code of West Virginia, 1931, as amended, relating to duties
of the Information Services and Communications Division; and
requiring the Director to create and maintain an information
systems disaster recovery system.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2005, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3361--A Bill to amend and reenact §4-10-4, §4-10-4a, §4-10-5, §4-10-5a and §4-10-5b of the Code of West
Virginia, 1931, as amended, all relating to the West Virginia
sunset law; terminating agencies following full performance
evaluations; terminating agencies previously subject to full
performance evaluations following compliance monitoring and further
inquiry updates; terminating agencies following preliminary
performance reviews; terminating agencies previously subject to
preliminary performance reviews following compliance monitoring and
further inquiry updates; and terminating boards created to regulate
professions and occupations.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3362--A Bill to amend and reenact §19-20-1
of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new article, designated §19-20B-1, §19-
20B-2, §19-20B-3, §19-20B-4, §19-20B-5, §19-20B-6, §19-20B-7, §19-
20B-8 and §19-20B-9, all relating to the control of canine hybrids;
adding the definition of "canine hybrid" to the definition of
"dog"; including relevant definitions; records; confinement, care
and inspection; entry into state; vaccination; penalties; and local
regulation.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 31st day of March, 2005, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. No. 2129), Creating misdemeanor offense of motion
picture piracy.
(H. B. No. 2333), Establishing a program to encourage
voluntary reclamation of lands adversely affected by mining
activities.
(Com. Sub. for H. B. No. 2764), Relating to allowing the Board
of Medicine to issue a license to physicians who have been subject
to license revocation.
(H. B. No. 2783), Authorizing the Director of the Division of
Rehabilitation Services to allow youth or other civic groups to use
rehabilitation facilities and to charge a reasonable rent therefor.
(H. B. No. 3181), Supplementary appropriation to the bureau of
commerce, economic development authority.
And,
(H. B. No. 3347), Extending the time for the Pocahontas County
Commission to meet as a levying body.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 2350, Relating to conditions for awarding
teaching certificates.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 2449, Continuation of the West Virginia
Board of Manufactured Housing Construction and Safety.
And has amended same.
Eng. House Bill No. 2534, Continuation of the Tourism
Commission.
And has amended same.
Eng. House Bill No. 2623, Continuation of the Public Land
Corporation.
And has amended same.
Eng. House Bill No. 2958, Continuing the Public Employees
Insurance Agency Finance Board.
And has amended same.
And,
Eng. House Bill No. 3046, Continuation of the Board of
Veterinary Medicine.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. House Bill No. 2497, Providing that a truck with four
axles in combination with a trailer with two axles is limited to a
max gross weight of eighty thousand pounds with a tolerance of ten
percent.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub for House Bill No. 2570, Requiring banking
institutions to post bond or other security for the deposit of
county, municipal or county board of education funds.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2789, Relating to the
assessment date for bank holding companies.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2813, Relating to requirements for
certificate of public convenience and necessity.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 28, 2005;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2813) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration and read a second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:
On page two, section eleven, line four, after the word
"chapter," by inserting the words "nor apply for, nor obtain any
franchise, license or permit from any municipality or other
governmental agency,";
And,
On page four, section eleven, after line fifty-eight, by
adding a new subsection, designated subsection (c), to read as
follows:
(c) Any public utility, person or corporation proposing any
electric power project that requires a certificate under this
section is not required to obtain such certificate before applying
for or obtaining any franchise, license or permit from any
municipality or other governmental agency.
On motion of Senator Yoder, the following amendment to the
bill was next reported by the Clerk:
On page four, section eleven, after line fifty-eight, by
adding a new subsection, designated subsection (c), to read as
follows:
(c) For construction in counties which have applied the Local
Powers Act provided for in article twenty, chapter seven of this
code, the provisions of subsection (a) of this section shall
additionally include applying for, or obtaining, any franchise,
license or permit from any municipality or governmental agency.
The question being on the adoption of Senator Yoder's
amendment to the bill.
Thereafter, at the request of Senator Yoder, and by unanimous
consent, his foregoing amendment to the bill was withdrawn.
The bill (Eng. H. B. No. 2813), 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, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: Boley--1.
Absent: Oliverio--1.
Having been engrossed, the bill (Eng. H. B. No. 2813) 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, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2813) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, 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. House Bill No. 2813--A Bill to amend and reenact §24-2-11
of the Code of West Virginia, 1931, as amended, relating to
requirements for certificate of public convenience and necessity;
and removing the prohibition for electric power projects on
applying for and obtaining franchises, licenses or permits prior to
obtaining a certificate of public convenience and necessity from
the Public Service Commission.
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, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Oliverio--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. 2813) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 2973, Allowing
broker/dealers, in addition to banks, to act as custodians of
insurance company securities.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2981, Finding and declaring
certain claims against the state and its agencies to be moral
obligations of the state and directing the Auditor to issue
warrants for the payment thereof.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 3018, Relating to designation of
Mountaineer Challenge Academy as a special alternative education
program.
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,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Education pending.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 3033, Extending the
temporary special reclamation tax for an additional twenty-four
months.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 29, 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 (Eng. Com. Sub. for H. B. No. 3033) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a second time and 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, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: Harrison--1.
Absent: Oliverio--1.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
3033) 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, Minard, Minear, Plymale, Prezioso, Sharpe, Sprouse,
Unger, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Harrison, McKenzie and Weeks--3.
Absent: Oliverio--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3033) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, Minard, Minear, Plymale, Prezioso, Sharpe, Sprouse, Unger,
White, Yoder and Tomblin (Mr. President)--30.
The nays were: Harrison, McKenzie and Weeks--3.
Absent: Oliverio--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3033) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 3105, Creating a special revenue fund for
the provision of occupational safety and health initiatives.
And,
Eng. House Bill No. 3106, Relating to the ability of the
public employees insurance agency to participate in the investment
pools of the investment management board.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. House Bill No. 3152, Clarifying that the Board of Risk
and Insurance Management is not to provide insurance for every
property, activity or responsibility of the county boards of
education.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference first be referred to the Committee on Education; and then to the
Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Education; and then to the Committee
on Finance, with amendments from the Committee on Banking and
Insurance pending.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
House Concurrent Resolution No. 21, Requesting the Department
of Education to create a position in the Department to coordinate,
oversee and advocate for public school libraries.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
Senator Bailey offered the following resolution:
Senate Concurrent Resolution No. 75--Requesting the Division of Highways name the bridge crossing the Guyandotte River at Allen
Junction, Wyoming County, the "Staff Sergeant Grover Robert Taylor
Memorial Bridge".
Whereas, Grover Robert Taylor was born April 30, 1941, in
Allen Junction, Wyoming County, the son of Grant and Mary Taylor;
and
Whereas, At the age of 17, Grover Robert Taylor joined the
United States Army. He attained the rank of Staff Sergeant and
served as a drill instructor at Fort Jackson, South Carolina; and
Whereas, In 1965, Staff Sergeant Grover Robert Taylor
volunteered to go to Vietnam and served as a gunner on a
helicopter. After completing his tour, he was sent to Hawaii where
he served as a drill instructor for several months. Later the same
year, he went back to Vietnam and served with the U. S. Army
Calvary, nicknamed the Wolfhounds; and
Whereas, On April 20, 1966, 25 miles northwest of Saigon,
Vietnam, Staff Sergeant Grover Robert Taylor was killed in action.
He was posthumously awarded the Silver Star for heroism; and
Whereas, It is fitting that a lasting tribute be made in honor
of Staff Sergeant Grover Robert Taylor who was killed in service to
this nation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge crossing the Guyandotte River at Allen Junction,
Wyoming County, the "Staff Sergeant Grover Robert Taylor Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Staff Sergeant Grover Robert Taylor Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senators Chafin and Minard offered the following resolution:
Senate Concurrent Resolution No. 76--Requesting the Joint
Committee on Government and Finance study the impact on state
revenues from various tax-sheltering devices used by national
corporations doing business in this state.
Whereas,
On July 15, 2003, the Multistate Tax Commission
released a report entitled Corporate Tax Sheltering and the Impact
on State Corporate Income Tax Revenue Collections that showed state
corporate income taxes as a proportion of corporate profits
declined by 34 percent from approximately 9 percent during the
period from 1980 to 1989 to 5.9 percent in 2001; and
Whereas,
Corporate tax sheltering reduced state corporate
income tax revenues by more than a third of actual collections in
2001 and, according to the report, West Virginia is listed as one
of the states with the highest percentage loss of revenue; and
Whereas,
The lost revenue attributable to domestic and
international income tax sheltering is adding to the state's budget
deficits while undermining the equity and integrity of the state's
tax system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the impact on state revenues from various tax-
sheltering devices used by national corporations doing business in
this state; 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.
Which, under the rules, lies over one day.
Senators Facemyer, Jenkins and Unger offered the following
resolution:
Senate Concurrent Resolution No. 77--Requesting the Joint
Committee on Government and Finance study the training and
education needs in regard to Alzheimer's disease and related
dementia in medical adult day care centers, nursing homes, assisted
living residences and residential care communities.
Whereas, Today more than 50 percent of all residents in long-
term care facilities suffer from Alzheimer's disease or related
dementia; and
Whereas, Current certified nursing assistants' training requirements, which were adopted by the Legislature in the late
1980s, were appropriate at that time for the physically frail
population in long-term care facilities. Today, the long-term care
population is much more cognitively impaired; and
Whereas, Education and training should address the change in
the current population of long-term care facilities and the needs
of staff who care for people with Alzheimer's disease or related
dementia; and
Whereas, Studies find annual rates of turnover among long-term
care staff range from 45 percent to more than 100 percent; and
Whereas, The quality of care for residents suffers when they
lose the continuity of care from familiar workers who know them and
have come to understand their needs. This loss is particularly
acute for persons with Alzheimer's disease or related dementia; and
Whereas, Other states have dementia-specific training
components that include a basic understanding of Alzheimer's
disease and related dementia; communication approaches and
techniques; and preventing or managing challenging behaviors in
persons with Alzheimer's disease and related dementia; and
Whereas, Rarely does an illness take such a pervasive toll on
families and impact so many lives in so many ways; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study training and education needs in regard to
Alzheimer's disease and related dementia in medical adult day care
centers, nursing homes, assisted living residences and residential care communities; 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.
Which, under the rules, lies over one day.
Senators Unger, Yoder, Tomblin (Mr. President), 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, Weeks and White
offered the following resolution:
Senate Resolution No. 30--Memorializing the life of the
Honorable Harry E. Dugan, former Berkeley County businessman,
member of the West Virginia Senate and distinguished West
Virginian.
Whereas, Harry E. Dugan was born December 18, 1930, in
Glengary, Berkeley County, the son of Rubin D. and Lillie M. Dugan;
and
Whereas, As a prominent Berkeley County businessman, Harry E.
Dugan was also a member of numerous public and community-oriented organizations, including the West Virginia Federation of
Independent Businesses, West Virginia Farm Bureau, West Virginia
Troopers Association, Romney Rescue Squad, Junior Order of American
Mechanics, United Way, Red Cross, Berkeley County Sheriffs
Association, Lions Club, Morgan County Little League, Romney Little
League and Berkeley County Development Authority; and
Whereas, In 1994, Harry E. Dugan was elected to the West
Virginia Senate from the sixteenth Senatorial District. During his
tenure in the Senate, he served as a member of the Senate
Committees on Agriculture; Education; Energy, Industry and Mining;
Finance; Labor; Rules and the Legislative Oversight Commission on
Education Accountability; and
Whereas, The Honorable Harry E. Dugan was married to his
beloved wife, Sharon, and was the proud father of three sons,
Ronald E., Robert L. and James D. Dugan; and
Whereas, Sadly, on October 6, 2004, the Honorable Harry E.
Dugan passed away, leaving behind a lifetime of dedication to his
community as a member of numerous community-related organizations
and through his public service as a member of the West Virginia
Senate; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the Honorable Harry E.
Dugan, former Berkeley County businessman, member of the West
Virginia Senate and distinguished West Virginian; and, be it
Further Resolved, That the Senate hereby extends its sincere
sympathy to the family of the Honorable Harry E. Dugan; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of the Honorable Harry E.
Dugan.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Fanning, unanimous consent being granted,
returned to the second order of business and the introduction of
guests.
The Senate again proceeded to the sixth order of business.
Senators Chafin, Helmick, Edgell, Sharpe, McCabe, Deem,
Hunter, Kessler, Bailey, Tomblin (Mr. President), Foster, Unger,
Caruth, McKenzie, Dempsey, Fanning, Jenkins, Minard, Love and
Sprouse offered the following resolution:
Senate Resolution No. 31--Designating March 31, 2005, as
"Friends of Coal Day".
Whereas, Since the formation of this state during the Civil
War, there has been one constant, basic and essential industry that
has fueled this state's economy, supported this nation through two
world wars and other international conflicts and stands ready today
to help this country become energy self-sufficient and that
industry is coal; and
Whereas, The extraction of coal from the hills and valleys of this state has been an integral part of the social and economic
life of millions of West Virginians; and
Whereas, Coal miners and their families represent a proud
heritage of courage, strength of character and quiet confidence
that has the respect and admiration of all West Virginians; and
Whereas, The economic vitality of the coal industry is
critically important to the future well-being of West Virginia and
its citizens; and
Whereas, "Friends of Coal" is a grassroots organization
involving thousands of West Virginians, as well as citizens of
other states, who are working diligently to ensure the future of
West Virginia through a vibrant, essential and productive coal
industry; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 31, 2005, as "Friends
of Coal Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Governor, the members of West
Virginia's congressional delegation and the appropriate
representatives of "Friends of Coal".
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 78 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance study the West Virginia Board
of Examiners of Psychologists.
Whereas, The article concerning the West Virginia Board of
Examiners of Psychologists has not been updated for years; and
Whereas, The practice of psychology has changed over the years
and
a need exists to reevaluate the current structure of licensure
by the Board; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the West Virginia Board of Examiners of
Psychologists; and, be it
Further Resolved, That the Joint Committee on Government and
Finance update the applicable provisions of the code concerning the
West Virginia Board of Examiners of Psychologists; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 79 (originating in the
Committee on Government Organization)--
Requesting the Joint
Committee on Government and Finance study the West Virginia Board
of Veterinary Medicine and Animal Euthanasia Technicians.
Whereas, The articles concerning the West Virginia Board of
Veterinary Medicine and Animal Euthanasia Technicians have not been
updated for years; and
Whereas, The practices of veterinary medicine and animal
euthanasia have changed over the years and a need exists to
reevaluate the current structure of licensure by the Board;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the West Virginia Board of Veterinary Medicine
and Animal Euthanasia Technicians; and, be it
Further Resolved, That the Joint Committee on Government and
Finance update the applicable provisions of the code concerning the
West Virginia Board of Veterinary Medicine and Animal Euthanasia
Technicians; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 80 (originating in the
Committee on Government Organization)--
Requesting the Joint
Committee on Government and Finance study the West Virginia State
Board of Landscape Architects.
Whereas, The article concerning the West Virginia State Board
of Landscape Architects has not been updated for years; and
Whereas, The practice of landscape architecture has changed
over the years and a need exists to reevaluate the current
structure of licensure by the Board; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the West Virginia State Board of Landscape
Architects; and, be it
Further Resolved, That the Joint Committee on Government and
Finance update the applicable provisions of the code concerning the
West Virginia State Board of Landscape Architects
; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 81 (originating in the
Committee on Government Organization)--
Requesting the Joint
Committee on Government and Finance study the West Virginia Massage
Therapy Licensure Board.
Whereas, The article concerning the West Virginia Massage
Therapy Licensure Board has not been updated for years; and
Whereas, The practice of massage therapy has changed over the
years and a need exists to reevaluate the current structure of
licensure by the Board; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the West Virginia Massage Therapy Licensure
Board; and, be it
Further Resolved, That the Joint Committee on Government and
Finance update the applicable provisions of the code concerning the
West Virginia Massage Therapy Licensure Board
; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 82 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance study placing the maintenance
of the Cultural Center under the direction of the General Services
Division in the Department of Administration.
Whereas,
The Director of General Services Division currently
has responsibility for all state buildings on the grounds of the
Capitol, except the Cultural Center; and
Whereas, The Cultural Center has special security and
maintenance requirements because it offers weekend and evening
hours, maintains the West Virginia Veterans Memorial and archives
priceless artifacts, historical documents and art collections; and
Whereas, The Cultural Center currently hires and trains its
own staff so that these unique maintenance issues are addressed; and
Whereas, It is unclear whether there would be a cost savings
to the state to have the General Services Division oversee the
maintenance of the Cultural Center; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study placing the maintenance of the Cultural Center
under the direction of the General Services Division in the
Department of Administration; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Concurrent Resolution No. 83 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance study licensing athletic
trainers.
Whereas, Athletic trainers promote injury prevention and the
health of athletes; and
Whereas, A uniform set of standards for athletic trainers
would be beneficial to the profession and the state's athletes;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study licensing athletic trainers; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
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 Concurrent Resolution No. 84 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study granting acupuncture physicians
prescriptive authority.
Whereas, The State of West Virginia licenses acupuncture
physicians to employ oriental medical therapies for the purpose of
pain control and for the promotion, maintenance and restoration of
health; and
Whereas, Treatments by acupuncturists and acupuncture
physicians
have proved beneficial to many residents of this state;
and
Whereas, Some oriental medical therapies involving the
compounding and dispensing of herbs, vitamins and other substances
may be valid and beneficial; and
Whereas, There is currently no regulation of the dispensing of
herbs, vitamins and other substances by acupuncturists and
acupuncture physicians; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study granting acupuncture physicians prescriptive
authority; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 27, Requesting Joint
Committee on Government and Finance study coordination of state
laws and regulations for wrecked and dismantled vehicles.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 29, Requesting Joint
Committee on Government and Finance continue Legislative Task Force
on Juvenile Foster Care, Detention and Placement.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 33, Requesting Joint
Committee on Government and Finance study mental health services
for adolescents to reduce suicide and delinquency rates.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 41, Requesting Congress
provide funding for double-stack rail route in state and requesting
Joint Committee on Government and Finance study intermodal
transportation.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 48, Requesting Joint Committee on Government and Finance study mental health services
for certain military members and their families.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 61, Requesting Joint
Committee on Government and Finance study intermodal transportation
in state.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for 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.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for 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.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 17, Requesting the Joint
Committee on Government and Finance to make a study of issues
involving volunteer firefighters.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the eighth order of business.
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.
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, the bill was laid over one day, retaining its place on the
calendar.
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, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the ninth order of business.
Senate Bill No. 751, Making supplementary appropriation to
Department of Transportation, Division of Motor Vehicles.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2950, Relating to requiring
a paper copy of a voter's votes when using an electronic system to
vote if an election is contested or for a random count of
precincts.
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 sixteen, after section nine-a, by inserting a new
section, designated section nine-b, to read as follows:
§3-4A-9b. Authorization for precinct ballot-scanning device;
minimum requirements.
(a) For purposes of this section, "precinct ballot-scanning
device" means a device used by the voter at the precinct on
election day or during early voting for the purpose of scanning the
voter's ballot after the ballot has been voted but prior to
depositing the ballot into the ballot box.
(b) The precinct ballot-scanning device may be used for the
purpose of scanning optically readable ballots cast in all primary,
general and special elections.
(c) The precinct ballot-scanning device, firmware and programming software must be certified by an independent testing
authority, according to current federal standards and be approved
by the State Election Commission. No election official may enter
into any contract to purchase, rent, lease or otherwise acquire any
precinct ballot-scanning device, firmware or software not approved
by the State Election Commission.
(d) The precinct ballot-scanning device shall additionally:
(1) Alert the voter if the voter has made more ballot
selections than the law allows for an individual office or ballot
issue;
(2) Alert the voter if the voter has made fewer ballot
selections than the law allows for an individual office or ballot
issue;
(3) Provide voters with an opportunity to change ballot
selections, or correct errors, before the ballot is marked for
voting, including the opportunity to correct the error through the
issuance of a replacement ballot if the voter was otherwise unable
to change the ballot or correct the error;
(4) Verify that an optical scan ballot inserted into the
device at the start of voting is blank; and
(5) Verify that a voted optical scan ballot is voted as the
voter intended.
(e) The precinct ballot-scanning device shall not be used for
tabulating election results.
On motion of Senator Kessler, the following amendment to the
bill was next reported by the Clerk and adopted:
On page two, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That §3-4A-9 and §3-4A-28 of the Code of West Virginia, 1931,
as amended, be amended and reenacted; and that said code be amended
by adding thereto two new sections, designated §3-4A-9a and §3-4A-
9b, all to read as follows:
.
The bill (Eng. Com. Sub. for H. B. No. 2950), as amended, was
then ordered to third reading.
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. 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.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Deem, Helmick and Prezioso.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Oliverio.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, April 1, 2005, at 11 a.m.
____________