(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
FIFTY-SECOND DAY
____________
Charleston, W. Va., Friday, April 1, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Thomas Propst, Church of
God, Sutton, West Virginia.
Pending the reading of the Journal of Thursday, March 31,
2005,
On motion of Senator Facemyer, 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 adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 77--Designating Thursday,
March 31, 2005, as "Friends of Coal Day" at the State Capitol.
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, mines 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, The "Friends of Coal" is an 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 Legislature of West Virginia:
That the Legislature hereby declares Thursday, March 31, 2005,
as "Friends of Coal Day" at the State Capitol; and, be it
Further Resolved, That all West Virginians are encouraged to celebrate March 31, 2005, as "Friends of Coal Day" at the State
Capitol; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Governor and the members of West Virginia's delegation in Congress.
At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Executive Communications
The Clerk then presented communications from His Excellency,
the Governor, advising that on March 31, 2005, he had approved Enr.
Senate Bill No. 411 and Enr. House Bill No. 3181.
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:
(S. B. No. 153), Relating generally to ethical standards of
public officers and employees.
And,
(S. B. No. 229), Relating to reports of financial institutions
to Division of Banking.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
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. Com. Sub. for House Bill No. 2174, Developing a procedure
to notify licensed professionals who are mandated to report child
abuse and neglect of the disposition of the investigation into the
report.
Eng. Com. Sub. for House Bill No. 2381, Authorizing patients
or residents of certain health care facilities or homes to
designate nonrelatives to receive the same visitation privileges as
immediate family members.
And,
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 they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 2174, Eng. Com
Sub. for H. B. No. 2381 and Eng. H. B. No. 2497) contained in the
preceding report from the Committee on the Judiciary were each
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. House Bill No. 2186, Restricting involuntary commitment
for addicted persons to those who, as a result of such addiction,
are likely to cause serious harm to themselves or others.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2368, Increasing the veterinary fee for
each cat and dog vaccinated for rabies.
And,
Eng. House Bill No. 2527, Authorizing employees of the
multicounty vocational schools to administer the performance tests
of service personnel in the counties served by the school.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2466, Eliminate provisions which created unlawful classifications based on race and to update
obsolete provisions.
With amendments from the Committee on Education pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Education to which the bill was
first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2501, Providing for the
termination of the agency, Jobs for West Virginia's Graduates, from
the Public Employees Retirement System.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
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. Com. Sub. for House Bill No. 2522, Relating to creating
and licensing mini-distilleries.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2522) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with an amendment
from the Committee on the Judiciary pending.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2578, Increasing the ratios
of professional and service personnel to students in net
enrollment.
And has amended same.
Eng. House Bill No. 2603, Relating to reimbursement of tuition, registration and other required fees for course work
completed by teacher.
And has amended same.
Eng. House Bill No. 2777, Making technical changes concerning
High-Tech research zones, parks and technology centers and tax
incentives relating thereto.
And has amended same.
And,
Eng. House Bill No. 2837, Prescribing personal finance
instruction in secondary schools by the State Board of Education.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance, with amendments
from the Committee on Education pending.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2816, Creating the West
Virginia Healthy Act of 2005.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Education; and then to the Committee
on Finance, with an amendment from the Committee on Health and
Human Resources pending.
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. 2866, Providing for continuation of
tuition and fee payments to members after discharge from military
service due to wounds or injuries received in the line of duty.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2911, Removing limitations
upon the acreage of lands that may be held by the trustee or
trustees of any church, parish or branch of religious sect, society
or denomination within this state.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2911) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
Senators Bowman and McKenzie offered the following resolution:
Senate Concurrent Resolution No. 85--
Requesting the Division
of Highways name the bridge on State Route 2 crossing Buffalo Creek
at Wellsburg, Brooke County, the "John G. Chernenko Bridge".
Whereas, John G. Chernenko served this country with great
courage as a soldier in the United States Army during World War II.
He endured great hardship and sacrifice as a prisoner of war and
received the Purple Heart with cluster, and Bronze Star (five
campaigns) as the result of heroism he exhibited on the
battlefield; and
Whereas, In 1961, John G. Chernenko was appointed by President
John F. Kennedy as United States Marshal for the Northern District
of West Virginia. He was reappointed by President Lyndon B.
Johnson in 1965 and held the position until 1969; and
Whereas, John G. Chernenko was elected to the West Virginia
Senate in 1982 and was reelected in 1986 and 1990; and
Whereas, As a state Senator, the Honorable John G. Chernenko
served as Majority Whip, Chairman of the Labor Committee and member
of the committees on Energy, Industry and Mining, Finance,
Government Organization, Health and Human Resources and Military,
as well as the Select Committee on Redistricting; and
Whereas, It is fitting that the bridge crossing Buffalo Creek
at Wellsburg, Brooke County, be named the "John G. Chernenko
Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on State Route 2 which crosses Buffalo Creek at
Wellsburg, Brooke County, the "John G. Chernenko Bridge"; and, be
it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "John G. Chernenko Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward copy of this resolution to the Secretary of the
Department of Transportation and John G. Chernenko, in care of Marc
B. Chernenko.
Which, under the rules, lies over one day.
Senator Bailey offered the following resolution:
Senate Concurrent Resolution No. 86--
Requesting the Division
of Highways name the bridge on Route 16 at Corrine, Wyoming County,
the "Paul and Roger Harsanyi Memorial Bridge".
Whereas, Brothers Paul and Roger Harsanyi were born in Wyoming
County and lived in Corrine, Wyoming County, for a part of their
childhood; and
Whereas, Paul Harsanyi served his nation with pride and
distinction in the United States Air Force. Sadly, while home on
leave from his military service, Paul Harsanyi was killed in an
automobile accident on the bridge at Corrine, Wyoming County, in February, 1963; and
Whereas, Roger Harsanyi served his nation with pride and
distinction in the United States Army. Sadly, while serving in
Vietnam, Roger Harsanyi was killed in action on April 20, 1966; and
Whereas, It is fitting that a lasting tribute be made in honor
of these outstanding young men; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on Route 16 at Corrine, Wyoming County, the "Paul
and Roger Harsanyi Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be places signs identifying the bridge as the
"Paul and Roger Harsanyi 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 Tomblin (Mr. President), McCabe, Minard, Jenkins and
Unger offered the following resolution:
Senate Concurrent Resolution No. 87--Requesting the Joint
Committee on Government and Finance study the rising cost of
operating regional jails in this state.
Whereas, The cost of operating regional jails continues to
escalate due, for the most part, to the constantly increasing number of inmates these jails must accommodate; and
Whereas,
At the county level, these rising costs are
exhausting large proportions of county budgets and rendering
counties unable to adequately compensate constitutional officers in
the performance of nondiscretionary constitutional duties; and
Whereas,
At the state level, the costs involved are on the
same level as the costs required to educate the children of this
state, including the primary and secondary levels of education; and
Whereas, In order to reduce the burden of this increasing cost
to the taxpayers of this state, the Joint Committee on Government
and Finance should study the many tangible aspects of the cost-
equation which contribute to the burden, while focusing on methods
and procedures that best protect public safety while respecting the
constitutional rights of those persons subject to incarceration in
regional jails in an effort to eliminate unnecessary costs; and
Whereas, Factors to be considered in the ever-increasing cost
of operating regional jails include: (1) The availability and
accessibility of criminal bail to persons subject to incarceration
pending trial who do not pose significant dangers to the public;
(2) the cost of transportation; (3) the savings that result from
video conferencing of arraignment or other pretrial hearings; (4)
the provision of medications and medical treatment to inmates; (5)
delays in providing appointed lawyers access to their incarcerated
clients which, incidentally, drive up the cost to the state in fulfilling its nondiscretionary obligation of providing competent
legal assistance to indigent individuals; (6) the length of time,
on average, inmates are held awaiting trial or other resolution on
the merits to their cases; (7) the length of time inmates convicted
of felonies are required to be held awaiting transfer to
correctional facilities; (8) the average length of sentences
inmates convicted of misdemeanors are required to serve; (9) the
availability and prospect of home confinement, community service or
probation in lieu of incarceration; and (10) the uniquely
burdensome costs of housing and monitoring inmates with mental
disabilities, such as mental illness or mental retardation;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the rising cost of operating regional jails 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, along 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.
Senator Fanning offered the following resolution:
Senate Concurrent Resolution No. 88--
Requesting the Department
of Transportation name the Division of Motor Vehicles' facility in
Williamson, Mingo County, the "Tom C. Chafin Division of Motor
Vehicles Memorial Facility".
Whereas, Tom C. Chafin, a lifelong resident of Mingo County,
was born April 30, 1911, on Mate Creek, Mingo County; and
Whereas, Mr. Chafin distinguished himself as a leader in
southern West Virginia politics and his perennial influence
extended from the smallest of Appalachian communities to the State
Capitol in Charleston and the nation's Capitol in Washington, D.
C.; and
Whereas, From his relatively humble beginnings as a coal miner
and merchant, Mr. Chafin learned the common touch which served him
exceedingly well later in his political and private life; and
Whereas, Mr. Chafin was a highly successful and popular public
servant, spending approximately 36 years in public life where he
variously served as Constable, County Clerk and Sheriff of Mingo
County and was often the top vote-getter on the Democratic ballot;
and
Whereas, Mr. Chafin was proud of his distinguished lineage
which included the Chafins and Hatfields, two prominent pioneer Mingo families. Mr. Chafin's father was Allen Chafin and his
mother was Lydia Hatfield Chafin, daughter of Ellison Hatfield (a
brother to "Devil Anse" Hatfield); and
Whereas, Mr. Chafin passed away in April, 1997, leaving behind
his beloved wife, sons and countless friends and acquaintances; and
Whereas, It is fitting that a lasting tribute be made in honor
of this uniquely homegrown political leader; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of
Transportation name the Division of Motor Vehicles' facility at
Williamson, Mingo County, the "Tom C. Chafin Division of Motor
Vehicles Memorial Facility"; and, be it
Further Resolved, That the Department of Transportation is
hereby requested to commission the fabrication of a nameplate of
appropriate size, prominence and design containing the words the
"Tom C. Chafin Division of Motor Vehicles Memorial Facility"; 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 and the surviving members of Mr.
Chafin's immediate family.
Which, under the rules, lies over one day.
Senators McCabe, Foster, Sprouse, Harrison, Tomblin (Mr.
President), Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Helmick, Hunter,
Jenkins, Kessler, Lanham, Love, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Unger, Weeks, White and Yoder offered
the following resolution:
Senate Resolution No. 32--
Memorializing the life of the
Honorable Mario J. Palumbo, former member of the West Virginia
Senate, Attorney General, distinguished attorney and dedicated
public servant.
Whereas, Mario J. Palumbo was born on April 13, 1933, the son
of Jack and Nancy Palumbo; and
Whereas, Mario J. Palumbo graduated cum laude from Morris
Harvey College in 1954 where he was student body president and
recipient of the Liston Award for excellence in scholarship,
character and athleticism, which was awarded to him during the NAIA
Basketball Tournament. In 1957, he graduated from the West
Virginia University College of Law. In 1958, he joined the law
firm of Woodroe, Kizer & Steed (now Kay, Casto & Chaney PPL); and
Whereas, Mario J. Palumbo served as a legal officer with the
West Virginia Air National Guard and retired in 1981 with the rank
of Lieutenant Colonel; and
Whereas, Mario J. Palumbo was elected to the West Virginia
Senate in 1968 and served five consecutive terms. During his
tenure in the Senate, he served as Chairman of the Committee on
Education from 1971 to 1972 and as Chairman of the Committee on the Judiciary from 1973 to 1980; and
Whereas, In 1989, the Honorable Mario J. Palumbo was appointed
Attorney General of West Virginia by Governor Gaston Caperton. In
1990, he was elected Attorney General to complete the unexpired
term of his predecessor; and
Whereas, The Honorable Mario J. Palumbo was married to his
beloved wife, Louise, with whom he shared the joy of having two
sons, Chris and the Honorable Corey Palumbo; and
Whereas, Sadly, the Honorable Mario J. Palumbo passed away on
July 4, 2004, just one day after the passing of his beloved wife,
Louise. Their deaths brought to an end long and productive lives
of dedication and commitment to public service to their community
and state; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable
Mario J. Palumbo, former member of the West Virginia Senate,
Attorney General, distinguished attorney and dedicated public
servant; and, be it
Further Resolved, That the Senate extends its sincere sympathy
at the passing of both Mario J. and Louise Palumbo, who were both
dedicated to serving their community; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Chris and the Honorable Corey Palumbo,
sons of the late Mario and Louise Palumbo.
At the request of Senator McCabe, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
Following discussion,
The question being on the adoption of the resolution, the same
was put and prevailed.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senators Chafin and Sharpe were ordered
printed in the Appendix to the Journal.
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 Chafin, unanimous consent being granted,
returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 89 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study the tax laws relating to property
taxes and consider revisions to the state's tax laws.
Whereas, The Legislature finds and declares that all property
in this state should be fairly and equitably valued wherever it is
situated so that all citizens may benefit therefrom; and
Whereas, The tax laws of West Virginia need to be modified to
better meet the fiscal challenges and changing needs of
populations, infrastructure, services and future development of the
state and its subdivisions and to ease the financial burdens of its
citizens who are already overly tax-burdened; and
Whereas, Changing the standard methods of taxing property, as
well as considering the concept of land value taxation, may lead to
changes in the state's tax structure which may result in the
elimination or reduction of other taxes; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the tax laws relating to property taxes and
consider revisions to the state's tax laws; 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.
Senator Unger, from the Committee on
Transportation and
Infrastructure
, submitted the following report, which was received:
Your Committee on
Transportation and Infrastructure
has had
under consideration
Senate Concurrent Resolution No. 90 (originating in the
Committee on
Transportation and Infrastructure
)--
Requesting the
Joint Committee on Government and Finance study current and future
highway financing.
Whereas, Funding for the Division of Highways has not
increased in relation to the cost of inflation; and
Whereas, This decrease in funding has limited the ability of
the Division of Highways to maintain the State of West Virginia's
highway system and to develop and construct new highways which are
essential for the economy of the state; and
Whereas, The State of West Virginia may be the recipient of
additional federal funding in the near future which would require
the Division of Highways to provide additional matching state
funding over and above what is normally allocated; and
Whereas, A variety of highway authorities have been created by
legislative acts to promote and secure funding for the construction
of various roadways throughout the state; and
Whereas, The funding sources available to meet the needs of
the Division of Highways are limited; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study current funding and future highway financing;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance review and examine the abilities of local government and
various highway authorities in providing funding options over and
above that of the Division of Highways; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 75, Requesting Division of
Highways name bridge crossing Guyandotte River at Allen Junction,
Wyoming County, "Staff Sergeant Grover Robert Taylor Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 76, Requesting Joint
Committee on Government and Finance study impact on state revenues
from various tax-sheltering devices.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 77, Requesting Joint
Committee on Government and Finance study training and education
needs regarding Alzheimer's disease and related dementias.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 78, Requesting Joint
Committee on Government and Finance study Board of Examiners of
Psychologists.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
Senate Concurrent Resolution No. 79, Requesting Joint
Committee on Government and Finance study Board of Veterinary
Medicine and Animal Euthanasia Technicians.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 80, Requesting Joint
Committee on Government and Finance study State Board of Landscape
Architects.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 81, Requesting Joint
Committee on Government and Finance study Massage Therapy Licensure
Board.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 82, Requesting Joint
Committee on Government and Finance study placing maintenance of Cultural Center under direction of General Services Division.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 83, Requesting Joint
Committee on Government and Finance study licensing athletic
trainers.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 84, Requesting Joint
Committee on Government and Finance study granting acupuncture
physicians prescriptive authority.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
The Senate proceeded to the eighth order of business.
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.
Eng. Senate Bill No. 751, Making supplementary appropriation
to Department of Transportation, Division of Motor Vehicles.
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. 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 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.
At the request of Senator Kessler, and by unanimous consent,
the Senate returned to the sixth order of business, which agenda
includes the making of main motions.
On motion of Senator Kessler, the Senate requested the return
from the House of Delegates of
Eng. House Bill No. 2813, Relating to requirements for
certificate of public convenience and necessity.
Passed by the Senate on yesterday, Thursday, March 31, 2005,
The bill now being in the possession of the Senate,
On motion of Senator Kessler, the Senate reconsidered the vote
as to the effective date, title amendment and passage.
The vote thereon having been reconsidered,
At the request of Senator Kessler, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Kessler, the following
amendment to the bill was reported by the Clerk and adopted:
On page two, section eleven, line ten, after the word
"construction" by inserting a comma and the words "franchise,
license or permit".
Having been engrossed, the bill (Eng. H. B. No. 2813), as just
amended, was read a third time.
At the request of Senator Kessler, and by unanimous consent, further consideration of Engrossed House Bill No. 2813 was placed
under unfinished business for Monday, April 4, 2005.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Eng. House Bill No. 2350, Relating to conditions for awarding
teaching certificates.
Eng. House Bill No. 2449, Continuation of the West Virginia
Board of Manufactured Housing Construction and Safety.
Eng. House Bill No. 2534, Continuation of the Tourism
Commission.
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.
Eng. House Bill No. 2623, Continuation of the Public Land
Corporation.
Eng. Com. Sub. for House Bill No. 2789, Relating to the
assessment date for bank holding companies.
Eng. House Bill No. 2958, Continuing the Public Employees
Insurance Agency Finance Board.
Eng. Com. Sub. for House Bill No. 2973, Allowing
broker/dealers, in addition to banks, to act as custodians of
insurance company securities.
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.
Eng. House Bill No. 3046, Continuation of the Board of
Veterinary Medicine.
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.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Helmick, Plymale and Sprouse.
Thereafter, at the request of Senator Plymale, and by
unanimous consent, the remarks by Senator Helmick were ordered
extended in the Journal as follows:
SENATOR HELMICK:
Mr. President, the Senator from Wood has
been interested in an issue that we voted on in the last couple of
days and that was to put a $1 million funding into one of our state
resorts. He asked for a chronological order of events to be
discussed--the same type of discussion and explanation that we
received in our Finance committee. I told him yesterday that we
would present it today and have a better understanding of what
really transpired.
The Senator from Wood is not present today. However, I would
like to go through the material I have assembled and then offer it
to him on Monday when he is present so he can digest the material
privately if he so chooses. But to the members of body, especially
those that are not on Finance committee, let's go back a number of
years so we'll know what happened at the Stonewall Jackson Resort.
On November 7, 1966, there was an act passed--the Flood
Control Act--and it was for construction of a Stonewall Jackson
Lake on the West Fork River. On April 6, 1977, a contract was
entered into by then-Governor Jay Rockefeller and the United States
Corps of Engineers.
The funding was a 50-50 match. We have several projects in
West Virginia, some of which I'm involved with today. We have one
in Barbour County that is a 95-5 match so I'll have to do some
further research to find out why we entered into an agreement that
was 50-50. Obviously it's history, but, nevertheless, that match
seems to be one that would be unworkable today, but I think it's
important for everybody in this body to understand it was a 50-50
match. The one that we're working on today in Barbour County is a
95-5 match, Mr. President, and one in Pocahontas County, which is
a flood control project in my hometown of Marlinton, is a 90-10
match. But Stonewall Jackson was a 50-50 match. However, in those
particular days, that was not a huge amount of money for the match,
but in today's dollars it certainly would be and that was under then-Governor Jay Rockefeller.
In 1982 a master plan for Stonewall Jackson Lake State Park
was developed.
In 1992 the Congressional Energy and Water Development
Appropriations Act appropriated some money under the direction of
the Honorable Robert C. Byrd.
In 1994 there was an amendment to the cost-sharing agreement.
Now this is important to understand when we're talking about this
total project and all the pro and con discussion that we've heard
the last couple of days when we appropriated $1 million [that, in
fact, was wired this morning to the bondholders at 8:30 a.m. to
cover the obligation] whatever that obligation by the state might
be and, obviously, it's nothing more than an obligation without
merit. However, in 1994, the Department of Natural Resources
entered into a 46-year lease, so we don't own the grounds at
Stonewall Jackson. We leased 1,736 acres of land and water for
recreational purposes at Stonewall Jackson.
Let me back up just a bit to tell you that in 1977, with the
50-50 match, we would have had to put down $5 million. That would
have bailed us out. So at that time we would have had to pay $5
million, which is what I'm told from all sources and from the
history that we could get from Tom Loehr and a couple of other law
firms here in town.
When we entered into the agreement in 1994, the figure was $14 million with interest. And as we moved forward to October, 1997,
a Select Committee was chosen to determine who was going to receive
the bid to build the state park and recreational complex at
Stonewall Jackson and that was done under Governor Cecil Underwood.
The previous work was done under Governor Jay Rockefeller and
Governor Gaston Caperton. However, the contract was let under the
administration of then-Governor Cecil Underwood.
In 1998 a development agreement was entered into with McCabe-
Henley and their involvement in the project was to borrow at least
$22 million. They floated bonds for $42 million. They also
borrowed $3.5 million from the West Virginia Economic Development
Authority. That's the group that's under the direction of David
Warner.
The grand opening, of course, occurred in 1992. The United
States government certifies full satisfaction of the figure that
they give of indebtedness from the State of West Virginia to the
federal government of $35,465,408. That's what the federal
government says we would have to pay now had we not developed a
state park.
Let me give you the figures of what the state has in it
because this issue is not going to go away. We understand that.
There's going to be some discussion of it so that everyone here
will understand where we are. The state put $10 million of lottery
bond proceeds in it. That was under the 1997 agreement and there were a number of state parks that benefitted from that particular
issue of bonds. We also put under a general appropriation an
additional $5 million and then an additional $3.5 million from the
Economic Development Grant Committee for a total that the state has
in it of direct contributions of $18.5 million. Also of the debt
we had $42 million of privately placed tax-exempt bonds, a $4.2
million loan from the West Virginia Economic Development Authority
and this particular action this week of another $1 million which
will be $5.2 million. That was a loan. I want to remind everybody
that was a loan. That was not a grant; it was a loan.
So what does the state have? We have $18.5 million in equity.
We've removed $35.5 million in debt. We have 250 jobs, the local
economic development impact of a premiere destination resort, full
ownership and the total economic benefit once the debt is relieved.
The deal structure goes into a couple hundred pages so I did
not bring all that material. However, I did want to read one part
of that massive document. This is the $28 million West Virginia
Economic Development Authority bonds. This is from the front page
of the document: "THE SERIES 2000 BOND SHALL NOT BE [sic] IN ANY
WAY A DEBT OR LIABILITY OF THE STATE OF WEST VIRGINIA, THE ISSUER
OR ANY POLITICAL SUBDIVISION OF THE STATE OF WEST VIRGINIA AND
SHALL NOT CREATE OR CONSTITUTE ANY INDEBTEDNESS, LIABILITY OR
OBLIGATION OF THE STATE OF WEST VIRGINIA . . . ." It goes on and
on to explain it.
However, there is, as we've determined from past experiences,
a moral obligation and that would affect our bond rating, Mr.
President, in a very negative way. So the action we've taken in
the last couple days is reflective of the possibility of us
receiving a significant negative rating in the bond market which we
all understand and we've all voted on and participated in the last
couple days--a $5.5 billion obligation that we're going to go to
the people of West Virginia and ask them to participate in. The
action that we've taken the last couple of days will satisfy that,
Mr. President. I think we're in good shape.
Again, the state has no legal or moral obligation so far as
I'm concerned. A lot of people say there is a moral obligation
but, again, it's very clear in the document--and anybody who wants
access to this document can have it--that the only collateral base
that was used for that massive debt is the cash flow that will be
generated by the operation of Stonewall Resort, not the State of
West Virginia.
Mr. President, I will share that with the members that are not
present and in the chamber today and I will share that at the
Monday meeting.
Thank you, Mr. President.
__________
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, April 4, 2005, at 11 a.m.
____________