sdj-55th day

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

Charleston, W. Va., Monday, April 4, 2005

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Deborah Davis, Legislative Assistant to the House of Delegates, proceeded in the singing of "Ave Maria".
Pending the reading of the Journal of Friday, April 1, 2005,
On motion of Senator Fanning, 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.
Senator Tomblin (Mr. President) presented the following communication, comprising the annual report of the West Virginia Commission on Uniform State Laws, which was received:
WEST VIRGINIA COMMISSION ON
UNIFORM STATE LAWS
REPORT TO THE WEST VIRGINIA LEGISLATURE
REGULAR SESSION, 2005
I.PREAMBLE
The West Virginia Commissioners on Uniform State Laws submit this annual report to the West Virginia Legislature in accordance with the provisions of West Virginia Code §29-1A-4. Since the establishment of the West Virginia Commission on Uniform State Laws, its members have regularly and actively participated in the National Conference of Commissioners on Uniform State Laws (Also called the "National Conference", the "Uniform Law Conference" ("ULC") and "Conference"). From the Model Acts promulgated by the Conference, the West Virginia Commissioners have selected those which they think would be most immediately beneficial to the State of West Virginia and have worked with the state Legislature for their passage.

II.HISTORY OF NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS

In 1889, the New York Bar Association appointed a special committee on uniformity of laws. In the next year, the New York Legislature authorized the appointment of Commissioners "to examine certain subjects of national importance that seemed to show conflict among the laws of the several commonwealths, to ascertain the best means to effect an assimilation or uniformity in the laws of the states, and especially whether it would be advisable for the State of New York to invite the other states of the Union to send representatives to a convention to draft uniform laws to be submitted for approval and adoption by the several states." In that same year, the American Bar Association adopted a resolution recommending that each state provide for Commissioners to confer with the Commissioners of other states on the subject of uniformity of legislation on certain subjects. In August of 1892, the first National Conference of Commissioners on Uniform State Laws ("NCUSSL", also called Uniform Laws Commission or "ULC" and "National Conference") convened in Saratoga, New York, three days preceding the annual meeting of the American Bar Association.
By 1912, every state was participating in the ULC. In each year of service, the ULC has steadily increased its contribution to state law. The ULC has attracted some of the best of the profession. In 1912, Woodrow Wilson became a member. This, of course, was before his more notable political prominence and service as President of the United States. Several persons, later to become Justices of the Supreme Court of the United States, have been members. These individuals are former Justices Brandeis and Rutledge and current Chief Justice Rehnquist. Legal scholars have served in large numbers. Examples are Professors Wigmore, Williston, Pound and Bogart. This distinguished body has guaranteed that the projects of the ULC are of the highest quality and are enormously influential upon the process of the law.
As it has developed in its 112 years, the ULC is a confederation of state interests. It arose out of the concerns of state government for the improvement of the law and for better interstate relationships. Its sole purpose has been, and remains, service to state government and improvement of state law.
III.THE OPERATION OF THE ULC
The National Conference is convened as a body once a year. It meets for a period of eight days, usually in late July or early August. In the interim period between the annual meetings, drafting committees composed of Commissioners meet to supply the working drafts which are considered at the annual meeting. The various drafts are accessible on the Internet. The address is www.nccusl.org. At each annual meeting, the latest drafts of the drafting committees are read and debated. Normally, each Act is considered over a minimum period of two years. No Act becomes officially recognized as a Uniform Act until the National Conference is satisfied that it is ready for consideration in the state legislatures. It is then put to a vote of the state delegations, during which each state caucuses and votes as a unit.
The governing body is the ULC Executive Committee and is composed of the officers, certain ex officio members and members appointed by the President of the ULC. Certain activities are conducted by standing committees. For example, the Committee on Scope and Program considers all new subject areas for possible Uniform Acts. The Legislative Committee superintends the relationships of the ULC to the state legislatures.
A small staff located in Chicago operates the national office of the ULC. The national office handles meeting arrangements, publications, legislative liaison and general administration for the ULC. The total staff numbers only nine people.
The ULC maintains relations with several sister organizations. Official liaison is maintained with the American Bar Association, which contributes an amount each year to the operation of the ULC. Liaison is also maintained with the American Law Institute, the Council of State Governments and the National Conference of State Legislatures on an ongoing basis. The Uniform Commercial Code is a continuing joint project of the ULC and the American Law Institute. Liaison and activities may be conducted with other associations as interests and activities necessitate.

IV.ACTIVITIES OF THE WEST VIRGINIA COMMISSION ON UNIFORM STATE LAWS

A.Committee Assignments:
The West Virginia Commissioners are Richard E. Ford of Lewisburg; Judge Frederick P. Stamp, Jr., of Wheeling; and Vincent P. Cardi of Morgantown who succeeded John L. McClaugherty of Charleston. The Commissioners from West Virginia serve on several committees of the National Conference. Richard E. Ford serves on the Committee on Review of Conferences Act, the Study Committee on Misuses of Genetic Information Act, the Study Committee on Electronic Payment Systems and the Committee on Membership and Attendance. Judge Stamp is the Chairperson of the Study Committee on Conflicts of Laws-Limitations Act and serves on the Standby Committee on Uniform Athlete Agents Act. Vincent P. Cardi is the Legislative Liaison Member.
B.ULC Offices Held by Commissioners from West Virginia:
Judge Stamp is a trustee of the Uniform Law Foundation.
Richard E. Ford is a member of the Legislative Council and is Regional Chairman for West Virginia, Virginia, the District of Columbia, Maryland and North Carolina. He has also served for two years on the Executive Committee and has served for two years as Secretary of the National Conference of Commissioners on Uniform State Laws.
Former Commissioner John L. McClaugherty served two years as Chairman of the Executive Committee and served two years as President of the ULC, an honor for lawyers second only to the presidency of the American Bar Association.
C.Work of the West Virginia Commissioners:
The tasks of the three Commissioners, among other duties that arise as their Conference work demands, are to:
1.Participate as members of the Uniform Laws Commission in drafting Uniform and Model State Acts and other functions of the ULC.
2.Work with the West Virginia Legislature's Interstate Cooperation committee by:
a.Reporting on the work of the ULC;
b.Recommending to this committee Uniform and Model Acts produced by the ULC that the West Virginia Commissioners think the committee should introduce in the Legislature for enactment; and
c.Working with this committee in advising and assisting the committee in considering these Uniform and Model Acts.
3.Testify on the Uniform and Model Acts that have been introduced by the Interstate Cooperation committee (or by other legislative committees) before the Judiciary committee or other committees that have taken up these Acts when needed, and otherwise assist the Legislature in gathering information on and understanding these Acts.
4.Making this annual report about the activities of the West Virginia Commission on Uniform State Laws to the Legislature as called for under the statute which set up the Commission.

V.THE WEST VIRGINIA COMMISSIONERS AND THE ANNUAL CONFERENCE OF THE UNIFORM LAW COMMISSION

Commissioners Ford, Stamp and Cardi attended the 113th Annual Conference of the National Conference of Commissioners on Uniform State Laws in August of 2004 in Portland, Oregon, where they worked with other Commissioners considering Uniform and Model Acts being presented to the Conference by various committees of state commissioners who have been working on the particular Acts. This year the work of the Conference focused on the following:
1.Discussing areas of social, commercial and legal concerns which appear to be ripe for new state legislation, and deciding whether to appoint study committees to study and make recommendations as to whether new state statutes should be drafted to address these problem areas.
2.Deliberating on presentations from existing study committees as to whether a permanent drafting committee should be appointed to actually draft Acts on topics which have been studied over the last several years.
3.Examining line-by-line preliminary drafts of Acts produced by existing drafting committees on various problems and debating the policy implications of these drafts, the language of the drafts and other matters surrounding these works in progress.
4.Participating in line-by-line readings of final drafts which are being presented to the Conference for approval by the drafting committees.
Once the final drafts were approved by the Commissioners voting by one vote for each state, the resulting Uniform and Model Acts were sent to the American Bar Association for their review.
The leadership of the Conference, on the advice of other Commissioners, recommended to the Commissioners attending the Conference a list of "Targeted Acts", which are Uniform and Model Acts which it thinks are particularly ripe for presentation to state legislatures.
Throughout the Conference, special conference committees and subcommittees met regularly during the morning, day and evenings on particular tasks involving Conference business.
Throughout the year, committees of Commissioners met, and are continuing to meet, to study problem areas and to draft Model Acts.
A.Creation of New Study Committees:
At this year's Conference, five new study committees were appointed to consider subjects for possible future drafting. These include:
1.Study Committee on Regulation of Charities. This Committee will study the regulation of charities generally in light of recent abuses and issues related to charitable trusts.
2.Study Committee on the Administrative Procedure Act for Interstate Compact Entities. This Committee will study administrative procedures for interstate compact entities governed by state, rather than federal, law.
3.Study Committee on Interstate Depositions. This Committee will study the need for an Act which would provide a procedure to enable a party to compel depositions in a foreign (out-of-state) jurisdiction.
4.Study Committee on E-Government Act. This Committee will examine the need for a Uniform Act on government electronic communications and procedures.
5.Study Committee on Discovery of Electronic Records. This Committee will examine the issues raised by electronic discovery requests in both civil and criminal contexts.
B.Creation of New Drafting Committees:
Drafting committees composed of Commissioners, with participation from observers, advisors and reporter-drafters, have been meeting and will meet throughout the year. Tentative drafts are not submitted to the entire Conference until they have received extensive committee consideration. Proposed Acts are subjected to rigorous examination and debate in at least two annual meetings before they become eligible for designation as Conference products.
This year three new drafting committees were created to begin working on new Acts. These are:
1.Drafting Committee to Amend the Uniform Anatomical Gift Act (UAGA)
The UAGA was originally promulgated in 1968 and adopted in every state and the District of Columbia. The Act was revised in 1987 and subsequently adopted in 26 states. This Committee will consider amendments to update and improve the UAGA in light of changes in federal law and regulations and related developments. Uniformity among the states is important as there is substantial movement of donors around the country; thus, common standards for execution of a donor gift and its implementation are desirable. Appropriate amendments to the Act may also assist in increasing availability of organ donations.
2.Drafting Committee on Supplement to Model Entity Transactions Act (META)
META, promulgated by the Conference in 2004, governs mergers, conversions and other types of restructuring transactions among different forms of business entities and also allows all types of business entities to change their home state to another home state. This Committee will draft a supplemental chapter to be added to META that will deal with the issue of "divisions", which is not currently addressed in the Act. A division permits an entity to either divide into two or more other entities or to divide into itself and one or more other entities.
3.Drafting Committee on Amendments to the Uniform Common Interest Ownership Act
UCIOA, first promulgated in 1982 and revised in 1994, is a comprehensive Act relating to condominiums, planned communities and cooperatives. This Committee will consider a number of topics, including owner access to budget and financial records of the association, judgments against an association, establishment and funding of reserve accounts and other issues meant to improve the usefulness of the Act.
The following Acts were read and vigorously debated for possible final consideration next year: Agricultural and Agricultural-Related Cooperatives Act; Uniform Certificate of Title Act; Consumer Debt Counseling Act; Revision of Uniform Durable Power of Attorney Act; Revision of Uniform Limited Liability Company Act; Revision of the Uniform Management of Institutional Funds Act; and Mortgagee Access to Rents from Income-Producing Property Act.
The current drafts of each of these Acts can be found at NCCUSL's website at www.nccusl.org.
C.Reviewing and Debating Acts Presently Being Drafted by Special Drafting Committees:
We spent several days at the annual meeting reading and vigorously debating the following Acts for possible final consideration next year: Agricultural and Agricultural-Related Cooperatives Act; Uniform Certificate of Title Act; Consumer Debt Counseling Act; Revision of Uniform Durable Power of Attorney Act; Revision of Uniform Limited Liability Company Act; Revision of the Uniform Management of Institutional Funds Act; and Mortgagee Access to Rents from Income-Producing Property Act.
The current drafts of each of these Acts can be found at NCCUSL's website at www.nccusl.org.
VI.NEW ACTS APPROVED BY NCCUSL AND TARGETED ACTS
A.Approval of New Acts:
At the 2004 Portland meeting, the Commissioners approved four new Acts for presentation to state legislatures.
1.One of the approved Acts deals with the electronic recording of real estate instruments such as deeds and mortgages. The Uniform Real Property Electronic Recording Act (URPERA) will give county clerks and recorders the legal authority to prepare for electronic recording of real property instruments. The goal of the Uniform Act is to create legislation authorizing land records officials to begin accepting records in electronic form, storing electronic records and setting up systems for searching for and receiving them. The intent is only to authorize such activities, not to mandate them.
2.Another Act approved addresses the problems that frequently arise in the process of paying off a residential mortgage loan. The Uniform Residential Mortgage Satisfaction Act provides rules and procedures for closing fully paid real estate mortgages from the real property records in every state. The Act provides that if a mortgage lender has not recorded a satisfaction of the mortgage within 30 days, it is then liable for the mortgagor's actual damages. If it fails to act by the end of the second 30 days, it is then also liable for a civil penalty along with court costs and attorneys' fees.
3.The Model Entity Transactions Act, drafted as a result of a collaborative effort of NCCUSL and the American Bar Association, will provide states with a single statute authorizing mergers, conversions and interest exchanges among different forms of business entities, whether corporations or unincorporated entities such as limited liability companies.
4.The Uniform Wage Withholding and Unemployment Insurance Procedure Act provides procedures for employers on income withholding requirements and unemployment taxes imposed by states. A primary purpose of the new Act is to simplify reporting and paying withheld taxes for multistate employers by having the same procedural requirements from state to state. This Act should reduce employer's compliance burdens and promote administrative efficiency by developing harmonized employment tax requirements to replace the multitude of diverse and complex reporting and payment requirements employers currently face.
5.Amendments to the previously approved Uniform Money Services Act and the Uniform Trust Code were also approved.
B.Targeted Acts:
The Executive Committee of the National Conference listed 12 Uniform and Model Acts as "Targeted Acts", Acts that they think are especially timely for state adoption this year.
Following is the list of 2005 Targeted Acts. West Virginia has already adopted four of these Acts.
Arbitration Act (2000):
Revises the Uniform Arbitration Act of 1956, adopted in 49 states, to reflect new developments in arbitration law.
Athlete Agents Act (2000) [Adopted in West Virginia]:
This Act governs relations among student athletes, athlete agents and educational institutions. It protects the interests of student athletes and academic institutions by regulating the activities of athlete agents.

Child Custody Jurisdiction and Enforcement Act (1997) [Adopted in West Virginia]:

Revises the 1968 Uniform Child Custody Jurisdiction Act, which was adopted in every state, and brings it into compliance with the federal Parental Kidnapping Prevention Act. This Act limits child custody jurisdiction to one state, avoiding competing orders, and provides enforcement provisions for child custody orders.
Custodial Trust Act (1987):
Enables persons to establish a commonly desired form of living trust by simply causing assets to be registered in the name of one as "custodial trustee for (beneficiary's name) under the (enacting state) Uniform Custodial Trust Act". To the extent of assets so registered, the statutory trust offers protection against probate proceedings related to the beneficiary's incompetence or death.
Environmental Covenants Act:
The fundamental purpose of this Act is to allow for the establishment of cleanup controls, such as restrictions on certain land uses, prohibition of water wells, maintenance of monitoring equipment, etc., which would be contained in a statutorily defined agreement known as an "environmental covenant". This covenant will be binding on subsequent purchasers of the property and be listed in the local land records.
This will remove various legal impediments to the use of such restrictions and to thereby lessen liability concerns of sellers and lenders associated with the redevelopment and sale of "brownfields" while at the same time requiring state approval of the remediation and control plan as well as notice to surrounding landowners, local governments and other parties in interest. By ensuring such "institutional controls" are maintained and enforced, UECA helps fulfill the dual purposes of such restrictions - the protection of human health and the economically viable reuse of the property in question.
Foreign Money Claims Act (1989):
Simplifies international business by allowing courts in the United States to accept or render judgments valued in a foreign currency.

Interstate Enforcement of Domestic Violence Protection Orders Act (2000)(2002) [Adopted in West Virginia]:

Establishes uniform procedures that will enable courts to recognize and enforce valid domestic protection orders issued in other jurisdictions.

2001 Amendments, Interstate Family Support Act (1996)(2001) [Adopted in West Virginia]:

Limits child and family support orders to a single state, eliminating interstate jurisdictional disputes. Amendments were added in 2001 to clarify many of the provisions of the Act, increasing its usefulness.
Limited Partnership Act (2001):
Provides a more flexible and stable basis for the organization of limited partnerships, helping states stimulate new partnership business ventures. The 2001 revision recognizes modern-day uses of limited partnerships by providing greater flexibility and protection.
Mediation Act (2001):
Provides rules on the issues of confidentiality and privileges in mediation. The Act establishes a privilege of confidentiality for mediators and participants that prohibits what is said during mediation from being used in later legal proceedings.
Parentage Act (2000):
Revises the Uniform Parentage Act of 1973, modernizing the law for determining the parents of children.
Uniform Trust Code (2000)(2001):
To provide a comprehensive model for codifying the law on trusts.
Amendments to Article 1 of the Uniform Commercial Code (2001):
Updates the general provisions section of the UCC to harmonize with recent revisions of the UCC.

Amendments to Article 7 of the Uniform Commercial Code, Warehouse Receipts, Bills of Lading and Other Documents of Title (2003):

Updates Article 7 to provide a framework for the further development of electronic documents of title and to update the article for modern times in light of state, federal and international developments.

VII.2005 RECOMMENDATIONS BY THE WEST VIRGINIA COMMISSION ON UNIFORM STATE LAWS

At the September, 2004, interim meeting of the West Virginia Legislature's Interstate Cooperation committee in Martinsburg, Commissioner Vincent P. Cardi reported on the activities of the July National Conference meeting, among other matters, and advised the committee on the Acts that the West Virginia Commission would be recommending for enactment in the 2005 session.
At their October interim meeting, Commissioner Cardi presented the Amendments to Article 1 of the UCC for introduction, and the committee voted to introduce this Act in the 2005 Legislature for passage. At their November interim meeting, Commissioner Cardi presented the amendments to Article 7 of the UCC for introduction. The committee voted at its December interim meeting to introduce this Act in the 2005 Legislature for passage. At the January interim meeting, the committee voted to introduce the Environmental Covenants Act in the 2005 Legislature for passage.
In summary, the West Virginia Commission on Uniform State Laws has recommended that the following Uniform Acts be promulgated during the 2005 legislative session:
1.Revised Article 1 of the Uniform Commercial Code
Article 1 of the Uniform Commercial Code (UCC) provides definitions and general provisions which, in the absence of conflicting provisions, apply as default rules covering transactions and matters otherwise covered under a different article of the UCC. As business practices have changed and changes have been made in other parts of the Uniform Commercial Code in West Virginia, these modifications need to be reflected in an updated Article 1. Thus, Article 1 contains many changes of technical, nonsubstantive nature, such as reordering and renumbering sections, and adding gender neutral terminology. In addition, over the years it has been in place, certain provisions of Article 1 have been identified as confusing or imprecise. Several changes reflect an effort to add greater clarity in light of this experience. Finally, developments in the law have led to the conclusion that certain changes of a substantive nature needed to be made.
2.Revised Article 7 of the Uniform Commercial Code
Article 7 of the Uniform Commercial Code provides rules governing the storage and shipment of goods for commercial purposes by detailing the rights and responsibilities of warehouses and carriers in both the goods and the documents of title used to transfer the goods. The Act is law in all 50 states and has not been revised for 52 years. The revision makes little substantive changes in the law, but modernizes it to confirm to electronic records and electronic signatures and adapts it to changes in federal tariff laws and modern commercial practices.
3.Environmental Covenants Act
The fundamental purpose of this Act is to allow for the establishment of cleanup controls, such as restrictions on certain land uses, prohibition of water wells, maintenance of monitoring equipment, etc., which would be contained in a statutorily defined agreement known as an "environmental covenant". This covenant will be binding on subsequent purchasers of the property and be listed in the local land records.
This will remove various legal impediments to the use of such restrictions and to thereby lessen liability concerns of sellers and lenders associated with the redevelopment and sale of "brownfields" while at the same time requiring state approval of the remediation and control plan as well as notice to surrounding landowners, local governments and other parties in interest. By ensuring such "institutional controls" are maintained and enforced, UECA helps fulfill the dual purposes of such restrictions - the protection of human health and the economically viable reuse of the property in question.
VIII.DISTRIBUTION OF REPORT
As recommended in the Performance Review Report pertaining to the Commission on Uniform State Laws, a copy of this report to the Legislature is being forwarded to the West Virginia State Bar, the West Virginia Bar Association, the Mountain State Bar Association, the West Virginia Trial Lawyers Association and the Defense Trial Counsel of West Virginia.
Respectfully submitted this 21st day of March, 2005.
Richard E. Ford,
Chair,
Frederick P. Stamp, Jr.,
Secretary,
Vincent P. Cardi,
Legislative Liaison.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 401, Relating to institutional boards of governors at certain community and technical colleges.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect July 1, 2005, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 604, Establishing method for projecting increase in net enrollment for each school district.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page two, by striking out everything after the enacting clause and inserting in lieu thereof the following:
That §18-9A-15 and §18-9A-22 the code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-15. Allowance for increased enrollment.
(a) To provide for the support of increased net enrollments in the counties in a school year over the net enrollments used in the computation of total state aid for that year, there shall be appropriated ~~for that purpose~~ from the general revenue fund an amount equal to the average total state aid per net pupil multiplied by the total of all of the increases in the net enrollments of the counties made by comparing the most recent reports of net enrollment for the second school month to the immediately previous year's reports for the same school month.
(b) Any county wherein the net enrollment in the most recent reports of net enrollment for the second school month compared to the immediately previous year's reports for the same school month has increased by fifty or more students may add to their request schedule filed with the state board pursuant to section nineteen of this article a schedule of payments to the county from the appropriation made pursuant to subsection (a) of this section. The total amount of the payments requested in the added request schedule may not exceed sixty-five percent of the portion of the appropriation which is attributable to the county's increased enrollment payable over the first six months of the fiscal year.
(c) Upon determination of the several increases in the respective counties' net enrollments, as of the close of the second school month, each county showing such increase shall be allocated an amount equal to that county's average per net pupil total state aid multiplied by the increase in that county's net enrollment determined as provided heretofore, less any amounts paid and payable to the county pursuant to subsection (b) of this section. If the amounts paid and payable pursuant to subsection (b) of this section exceed the allocation due to the county under this subsection, the county's schedule of payments of total state aid for the remainder of the fiscal year shall be reduced by the amount of the overage and this amount shall be available for allocation pursuant to this section. ~~Such~~ The allocations shall be distributed not later than the thirty-first day of December of each year to the counties having increases in net enrollment as heretofore provided. If the amount appropriated for this purpose shall not be sufficient to provide payment in full for the total of these several allocations, each county allocation shall be reduced to an amount which is proportionate to the appropriation compared to the total of the several allocations, and the allocations as thus adjusted shall be distributed to the counties as provided in this section: Provided, That the governor shall request a supplemental appropriation at the next legislative session for the reduced amount.
(d) No provision of this section shall be construed to in any way affect the allocation of moneys for educational purposes to a county under other provisions of law.
(e) Except for those students who are enrolled in special education programs, students who have not attained the age of five prior to the first day of September ~~shall~~ may not be included for any purpose of this section.
Nothing in this section shall be construed to require any specific level of funding by the Legislature.

§18-9A-22. Allowance to improve economies of scale of low student enrollment counties.

(a) The Legislature finds that counties whose net enrollment falls below a certain level may not have the economies of scale to support the proper operation of the school system and the education of their students. The Legislature further finds that to make a determination of whether additional assistance is needed by such a county, and if it is, then in what form and amount, it is necessary to examine the local circumstances and ensure the efficient use of available resources. Therefore, the purpose of this section is to provide a process for examining the economies of scale of counties with low student net enrollment and providing additional assistance to them if necessary including, but not limited to, the grant of funds.
(b) Upon the written request of a county with a student net enrollment of less than one thousand four hundred students, the state superintendent shall examine whether all of the resources available to the county are being efficiently utilized and whether additional assistance is needed within the county to improve its economies of scale. The state superintendent may take any of the following actions:
(1) If the state superintendent finds that all of the resources of the county are not being used efficiently, the state superintendent shall recommend areas of improvement to the county and, if requested by the county, may provide technical assistance to make the improvements;
(2) If the state superintendent finds that additional assistance is needed to improve the economies of scale of the county, the state superintendent shall determine whether the economies of scale may be increased with additional resources through the regional education service agency, through cooperative agreements with adjoining counties, and by technical assistance and other programs available to the state superintendent. The state superintendent shall take the actions that are within his or her authority to increase the economies of scale of the county through these means; and
(3) If the state superintendent finds that additional assistance is needed to improve the economies of scale of the county after the actions provided in subdivisions (1) and (2) of this subsection are exhausted, the state superintendent may, subject to appropriations made by the Legislature therefore, make a grant of funds to the county to assist in improving its economies of scale. The grant of funds may include any restrictions, conditions and purposes that the state superintendent determines necessary to improve the economies of scale of the county.;
And,
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 604--A Bill to amend and reenact §18-9A- 15 and §18-9A-22 of the Code of West Virginia, 1931, as amended, all relating to allowances of public school support; authorizing certain advanced scheduled payments of allowance for increased enrollment for certain counties that have experienced certain recent increases in enrollment; and authorizing grant allowances for certain counties with low student net enrollment under certain circumstances.
On motion of Senator Plymale, the following amendments to the House of Delegates amendments to the bill were reported by the Clerk and adopted:
On pages one through three, by striking out all of section fifteen, and inserting in lieu thereof a new section fifteen, to read as follows:
§18-9A-15. Allowance for increased enrollment.
(a) To provide for the support of increased net enrollments in the counties in a school year over the net enrollments used in the computation of total state aid for that year, there shall be appropriated for that purpose from the general revenue fund an amount equal to the average total state aid per net pupil multiplied by the total of all of the increases in the net enrollments of the counties made by comparing the most recent reports of net enrollment for the second school month to the immediately previous year's reports for the same school month to be determined in accordance with this section.
Upon determination of the several increases in the respective counties' net enrollments, as of the close of the second school month, each county showing such increase shall be allocated an amount equal to that county's average per net pupil total state aid multiplied by the increase in that county's net enrollment determined as provided heretofore. Such allocations shall be distributed not later than the thirty-first day of December of each year to the counties having increases in net enrollment as heretofore provided.
(b) On or before the first day of September, two thousand five, the State Board shall promulgate a rule pursuant to article three-b, chapter twenty-nine-a of this code that establishes an objective method for projecting the increase in net enrollment for each school district. The State Superintendent shall use the method prescribed by the rule to project the increase in net enrollment for each school district.
(c) The State Superintendent shall multiply the average total state aid per net pupil by the sum of the projected increases in net enrollment for all school districts and report this amount to the Governor for inclusion in his or her proposed budget to the Legislature. The Legislature shall appropriate to the West Virginia Department of Education the amount calculated by the State Superintendent and proposed by the Governor.
(d) The State Superintendent shall calculate each school district's share of the appropriation by multiplying the projected increase in net enrollment for the school district by the average total state aid per net pupil and shall distribute sixty percent of each school district's share to the school district on or before the first day of September of each year. The State Superintendent shall make a second distribution of the remainder of the appropriation in accordance with subsection (e) of this section.
(e) After the first distribution pursuant to subsection (d) of this section is made and after the actual increase in net enrollment is available, the State Superintendent shall compute the total actual amount to be allocated to each school district for the year. The total actual amount to be allocated to each school district for the year is the actual increase in the school district's net enrollment multiplied by the average total state aid per net pupil. The State Superintendent shall make the second distribution to each school district in an amount determined so that the total amount distributed to the district for the year, in both the first and second distributions, equals the actual increase in net enrollment multiplied by the average total state aid per net pupil. The State Superintendent shall make the second distribution on or before the thirty-first day of December of each year: Provided, That if the amount distributed to a school district during the first distribution is greater than the total amount to which a district is entitled to receive for the year, the district shall refund the difference to the Department of Education prior to the thirtieth day of June of the fiscal year in which the excess distribution is made.
(f) If the amount ~~appropriated for this purpose shall~~ of the appropriation for increased enrollment is not be sufficient to provide payment in full for the total of these several allocations, each county allocation shall be reduced to an amount which is proportionate to the appropriation compared to the total of the several allocations and the allocations as thus adjusted shall be distributed to the counties as provided in this section: Provided, That the Governor shall request a supplemental appropriation at the next legislative session for the reduced amount.
(g) No provision of this section shall be construed to in any way affect the allocation of moneys for educational purposes to a county under other provisions of law.
Except for those students who are enrolled in special education programs, students who have not attained the age of five prior to the first day of September shall not be included for any purpose of this section.
~~Nothing in this section shall be construed to require any specific level of funding by the Legislature.~~;
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 604--A Bill to amend and reenact §18-9A- 15 and §18-9A-22 of the Code of West Virginia, 1931, as amended, all relating to allowances of public school support; requiring appropriation for increased enrollment based on projection; requiring initial distribution to be based on projection; requiring refund in certain instances; including students who have not attained the age of five; and authorizing grant allowances for certain counties with low student net enrollment under certain circumstances.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments, as amended.
Engrossed Senate Bill No. 604, as amended, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 604) passed with its Senate amended title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 604) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Executive Communications
The Clerk then presented communications from His Excellency, the Governor, advising that on April 1, 2005, he had approved Enr. House Bill No. 2478, Enr. House Bill No. 2510, Enr. House Bill No. 2666, Enr. House Bill No. 2667, Enr. House Bill No. 2846, Enr. House Bill No. 2869, Enr. House Bill No. 2892, Enr. House Bill No. 2893 and Enr. House Bill No. 3347.
The Senate proceeded 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
Eng. Com. Sub. for House Bill No. 2477, Relating to exemptions from execution or other judicial process in consumer credit transaction or consumer leases.
Eng. House Bill No. 2650, Relating to beef industry self-improvement assessment program.
Eng. House Bill No. 2960, 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.
Eng. House Bill No. 3219, Amending the provisions of the West Virginia Victims of Crime Compensation Act to make it clear that persons holding authority with respect to the victim by power of attorney or other authority have the authority to assert claims.
And,
Eng. House Bill No. 3293, Establishing residential treatment programs for regional jail inmates who are abusers of alcohol and other drugs.
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. 2477, Eng. H. B. No. 2650, Eng. H. B. No. 2960, Eng. H. B. No. 3219 and Eng. H. B. No. 3293) 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 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. 3012, Exempting property acquired by lease purchase agreement by the state, a county, district, city, village, town or other political subdivision, state college or university, from property tax.
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 Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3012) contained in the preceding report was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 3281, Relating to making it a crime to alter, destroy, or tamper with computer equipment containing voter registration information.
And has amended same.
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. 3281) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the sixth order of business.
Senators Plymale and Jenkins offered the following resolution:
Senate Resolution No. 33--Congratulating the Huntington High School boys' basketball team on winning the 2005 Class AAA championship.
Whereas, The Huntington High School boys' basketball team had an exceptional season which earned it the opportunity to participate in the 2005 Class AAA championship playoffs; and
Whereas, The Huntington High School boys' basketball team won the 2005 Class AAA championship; and
Whereas, The coaching staff, consisting of Lloyd McGuffin, Ron Hess, Jim Clayton, Steve Hall and Mike Woelfel, is commended for its outstanding leadership ability; and
Whereas, The members of the 2005 Huntington High School boys' basketball team, consisting of Wes Clayton, Chris Early, Spencer Farley, Brycen Ferguson, Mike Humphreys, Rocco Muriale, Patrick Patterson, Bruce Senior, Wes Tardy, Mike Taylor, Heath Thomas, Parks Ward, Tanner Wild, Jamal Williams, Adam Yeager and Adam Young, are commended for their outstanding athletic ability, team spirit and sportsmanship; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Huntington High School boys' basketball team on winning the 2005 Class AAA championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Huntington High School boys' basketball team.
At the request of Senator Plymale, 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 resumed business under the sixth order.
Senators Plymale and Jenkins offered the following resolution:
Senate Resolution No. 34--Congratulating the Huntington High School girls' soccer team on winning the 2004 Class AAA championship.
Whereas, The Huntington High School girls' soccer team had an exceptional season which earned it the opportunity to participate in the 2004 Class AAA championship playoffs; and
Whereas, The Huntington High School girls' soccer team won the 2004 Class AAA championship; and
Whereas, The coaching staff, consisting of Bob Hogsett, Blaine Stoll and Alex Hogsett, is commended for its outstanding leadership ability; and
Whereas, The members of the 2004 Huntington High School girls' soccer team, consisting of Jordan Sager, Thea Cooper, Sam Yocke, Katie Sheils, Judy Stanton, Aly Shattls, Becky Owens, Becca Hayes, Maggie Harrington, Erin Lavery, Trish Ward, Allison Dillard, Mariela Tassone, Kasey Hildebrand, Miko Alley, Jessi Miller, Ashley Honaker, Jessi Parsley, Sarah Stamm and Meghan Taylor, are commended for their outstanding athletic ability, team spirit and sportsmanship; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Huntington High School girls' soccer team on winning the 2004 Class AAA championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Huntington High School girls' soccer team.
At the request of Senator Plymale, 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 resumed business under the sixth order.
Senators Edgell and Kessler offered the following resolution:
Senate Resolution No. 35--Congratulating the Magnolia High School girls' basketball team on winning the 2005 Class AA championship.
Whereas, The Magnolia High School girls' basketball team had an exceptional season, which earned it the opportunity to participate in the 2005 Class AA championship playoffs; and
Whereas, The Magnolia High School girls' basketball team won the 2005 Class AA championship; and
Whereas, The coaching staff, consisting of Nikki Hardman and assistant coaches Mark Blair and Ed Amos, is commended for its outstanding leadership ability; and
Whereas, The members of the 2005 Magnolia High School girls' basketball team, consisting of Alycia Bell, Micah Bell, Kacie Berry, Katie Blatt, Andrea Cain, Alexis Emch, Hilary Heinzman, Brooke Keene, Trisha Kuhens, Ashley McSweeney, Rachel Mason, Allison Rothlisberger and Katy Talkington, are commended for their outstanding athletic ability, team spirit and sportsmanship; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Magnolia High School girls' basketball team on winning the 2005 Class AA championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Magnolia High School girls' basketball team.
At the request of Senator Kessler, 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 proceeded to the seventh order of business.
Senate Concurrent Resolution No. 85, Requesting Division of Highways name bridge on State Route 2 crossing Buffalo Creek at Wellsburg, Brooke County, "John G. Chernenko 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. 86, Requesting Division of Highways name bridge on Route 16 at Corrine, Wyoming County, "Paul and Roger Harsanyi 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. 87, Requesting Joint Committee on Government and Finance study cost of operating regional jails.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 88, Requesting Department of Transportation name Division of Motor Vehicles' facility in Williamson, Mingo County, "Tom C. Chafin Division of Motor Vehicles Memorial Facility".
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. 89, Requesting Joint Committee on Government and Finance study property tax laws.
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. 90, Requesting Joint Committee on Government and Finance study current and future highway financing.
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.
Eng. House Bill No. 2813, Relating to requirements for certificate of public convenience and necessity.
Having been amended and read a third time on Friday, April 1, 2005, and now coming up in regular order, was reported by the Clerk.
The question being "Shall Engrossed House Bill No. 2813 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. 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, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2813) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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 read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 751) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 751) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for 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 read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2950) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 2950-- A Bill to amend and reenact §3-4A-9 and §3-4A-28 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §3-4A-9a and §3-4A-9b, all relating to electronic voting systems; requiring a paper copy of a voter's votes when using an electronic voting system to vote; providing that the paper copy can only be used for a random count of precincts or if an election is contested, challenged or disputed; providing that the Secretary of State may promulgate rules; authorizing use of ballot-marking accessible voting systems; setting forth minimum requirements for ballot-marking accessible voting systems; providing for use of ballot-scanning device; establishing standards for ballot-scanning devices; and making certain technical changes that clarify access to maintenance and examination of sealed post-election materials and equipment during the canvass and requiring the immediate resealing.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
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.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2350, Relating to conditions for awarding teaching certificates.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
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.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2449, Continuation of the West Virginia Board of Manufactured Housing Construction and Safety.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page one, by striking out everything after the article heading and inserting in lieu thereof the following:

§21-9-13. West Virginia Board of Manufactured Housing Construction and Safety continued.

Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Board of Manufactured Housing Construction and Safety shall continue to exist until the first day of July, two thousand eleven, unless sooner terminated, continued or reestablished.
The bill (Eng. H. B. No. 2449), as amended, was then ordered to third reading.
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.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2534, Continuation of the Tourism Commission.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page one, by striking out everything after the article heading and inserting in lieu thereof the following:
§5B-2-13. Tourism Commission continued.
Pursuant to the provisions of article ten, chapter four of this code, the Tourism Commission shall continue to exist until the first day of July, two thousand six, unless sooner terminated, continued or reestablished.
The bill (Eng. H. B. No. 2534), as amended, was then ordered to third reading.
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.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Banking and Insurance, were reported by the Clerk, considered simultaneously, and adopted:
On page five, section two, line fifty-six, by striking out the words "may not be" and inserting in lieu thereof the words "is not";
On page ten, section twenty-two-a, line fifty-seven, by striking out the words "may not be" and inserting in lieu thereof the words "is not";
And,
On page thirteen, section six, line forty-seven, by striking out the words "may not be" and inserting in lieu thereof the words "is not".
The bill (Eng. Com. Sub. for H. B. No. 2570), as amended, was then ordered to third reading.
Eng. House Bill No. 2623, Continuation of the Public Land Corporation.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page one, by striking out everything after the article heading and inserting in lieu thereof the following:
§20-1A-9. Public Land Corporation continued.
Pursuant to the provisions of article ten, chapter four of this code, the Public Land Corporation shall continue to exist until the first day of July, two thousand six, unless sooner terminated, continued or reestablished.
The bill (Eng. H. B. No. 2623), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2789, Relating to the assessment date for bank holding companies.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
On page three, section eight, line twenty-eight, after the word "any" by inserting the word "such".
The bill (Eng. H. B. No. 2789), as amended, was then ordered to third reading.
Eng. House Bill No. 2958, Continuing the Public Employees Insurance Agency Finance Board.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page one, by striking out everything after the article heading and inserting in lieu thereof the following:

§5-16-4a. Public Employees Insurance Agency Finance Board continued.

Pursuant to the provisions of article ten, chapter four of this code, the Public Employees Insurance Agency Finance Board shall continue to exist until the first day of July, two thousand eight, unless sooner terminated, continued or reestablished.
The bill (Eng. H. B. No. 2958), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2973, Allowing broker/dealers, in addition to banks, to act as custodians of insurance company securities.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
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.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 3046, Continuation of the Board of Veterinary Medicine.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page one, by striking out everything after the article heading and inserting in lieu thereof the following:
§30-10-20. West Virginia Board of Veterinary Medicine continued.
Pursuant to the provisions of article ten, chapter four of this code, the West Virginia Board of Veterinary Medicine shall continue to exist until the first day of July, two thousand seven, unless sooner terminated, continued or reestablished.
The bill (Eng. H. B. No. 3046), as amended, was then ordered to third reading.
Eng. House Bill No. 3105, Creating a special revenue fund for the provision of occupational safety and health initiatives.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
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.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Eng. House Bill No. 2368, Increasing the veterinary fee for each cat and dog vaccinated for rabies.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 2466, Eliminate provisions which created unlawful classifications based on race and to update obsolete provisions.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
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.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
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.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Sprouse and Plymale.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules and a minority party caucus,
On motion of Senator Chafin, the Senate recessed until 5 p.m. today.
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 Bill No. 514, Increasing salaries of certain judges and magistrates.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 514 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §6-7-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §51-1-10a of said code; to amend and reenact §51-2-13 of said code; and to amend and reenact §51-2A-6 of said code, all relating generally to the salaries for the Governor, the Attorney General, State Treasurer, State Auditor, Secretary of Agriculture, Secretary of State, Supreme Court Justices, judges of circuit courts and family court judges; and effective dates.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 514) 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.
Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 32, Requesting Joint Committee on Government and Finance study economic benefits of distributing discount coupons designed to encourage participation in various in-state tourism and recreational activities.
Senate Concurrent Resolution No. 56, Requesting Joint Committee on Government and Finance study highway authorities in state.
Senate Concurrent Resolution No. 74, Requesting Joint Committee on Government and Finance study fiscal affairs of state water and sewer utilities.
Senate Concurrent Resolution No. 82, Requesting Joint Committee on Government and Finance study placing maintenance of Cultural Center under direction of General Services Division.
Senate Concurrent Resolution No. 83, Requesting Joint Committee on Government and Finance study licensing athletic trainers.
Senate Concurrent Resolution No. 90, Requesting Joint Committee on Government and Finance study current and future highway financing.
House Concurrent Resolution No. 32, Requesting the Joint Committee on Government and Finance to study the creation of a small disadvantaged business loan pool.
House Concurrent Resolution No. 33, Requesting the Joint Committee on Government and Finance to make a study of participation of minority and other disadvantaged small businesses in the process of competing for and obtaining state contracts.
And,
House Concurrent Resolution No. 51, Requesting the Joint Committee on Government and Finance to study the need to provide low-cost, spay and neuter programs across the state.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
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. 2078, Requiring the spaying or neutering of certain dogs and cats.
And has amended same.
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. 2078) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator 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. 2128, Authorizing the Executive Director of the Regional Jail and Correctional Facility Authority to establish an inmate furlough program.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2128) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator 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. 2150, Expanding the possible venues where a child neglect or abuse petition may be filed.
And has amended same.
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. 2150) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2777, Making technical changes concerning High-Tech research zones, parks and technology centers and tax incentives relating thereto.
With amendments from the Committee on Education pending;
And,
Eng. House Bill No. 2837, Prescribing personal finance instruction in secondary schools by the State Board of Education.
With amendments from the Committee on Education pending;
And reports the same back with the recommendation that they each do pass as amended by the Committee on Education to which the bills were first referred.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bills (Eng. H. B. Nos. 2777 and 2837) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. Com. Sub. for House Bill No. 3051, Relating to defining certain terms relative to hunting.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
John Pat Fanning,
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. 3356, Powers and duties of solid waste management board.
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. H. B. No. 3356) 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 amendments from the Committee on the Judiciary pending.
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. 3357, Streamlined sales and use tax administration.
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. H. B. No. 3357) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, April 5, 2005, at 11 a.m.
____________