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

Charleston, W. Va., Tuesday, April 5, 2005

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Ella Copley of Dingess, West Virginia, proceeded in the singing of "Miracle of Grace".
Pending the reading of the Journal of Monday, April 4, 2005,
On motion of Senator McCabe, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect July 1, 2005, of
Eng. Com. Sub. for Senate Bill No. 287, Transferring authority to propose water quality standard rules to Department of Environmental Protection.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 417, Providing for organization and joint ownership of joint development entities by municipalities and certain authorities.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 614, Updating meaning of certain terms used in Corporation Net Income Tax Act.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 623, Updating meaning of certain terms used in Personal Income Tax Act.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 57, Requesting Division of Highways name bridge in Mercer County on Route 460 crossing Interstate 77 "Lance Corporal Juston Thacker Memorial Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 71, Requesting Governor proclaim fourth Friday of April, 2005, "Children's Memorial Flag Day".
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. 46--Recognizing and acknowledging Vietnam Veterans Recognition Week, to be held in homage of the honorable and dedicated veterans who served during the Vietnam War.
Whereas, There are approximately 3.4 million veterans of the Vietnam War in this country; and
Whereas, 8,744,000 military personnel from this country served in active duty in the Vietnam War; and
Whereas, 58,299 American military personnel lost their lives from Vietnam-related duty; and
Whereas, The men and women who served during the Vietnam War, though suffering great personal sacrifice, and in some instances, being reviled by some of their own fellow citizens, did so with intense and unquestioned honor and dedication to this country; and
Whereas, May 1st through May 7th is slated as "Vietnam Veterans Recognition Week", a time to pay particular homage to these veterans who served selflessly and courageously, but who, at the time of their service, did not receive the recognition they so greatly deserved; therefore, be it
Resolved by the Legislature of West Virginia:
That recognition and acknowledgment is hereby expressed by the members to our Vietnam veterans who will receive national recognition during the upcoming Vietnam Veterans Recognition Week of May 1st through May 7th for their great valor and dedication as well as the honor they have bestowed upon this country; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward a copy of this resolution to The West Virginia Veteran, the official publication of West Virginia Veterans of Foreign Wars.
Referred to the Committee on Military.
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. 53--Requesting the Joint Committee on Government and Finance to study various economic development, taxation and other policies aimed at promoting wage adequacy.
Whereas, Adequate wages and benefits are vital to family, individual and community well-being; and
Whereas, The Census Bureau reported in 2004 median household income in West Virginia is the lowest in the nation ($31,210) and more than $10,000 below the national median household income ($43,318); and
Whereas, Nearly one in four children in West Virginia live in poverty; and
Whereas, Approximately half of all children attending primary and secondary schools in West Virginia qualify for free or reduced school lunches due to low family incomes; and
Whereas, A shortage of jobs paying adequate wages to support families has contributed to such demographic trends as a decline of 28 percent in the population of West Virginians under age 18 between 1980 and 2000; and
Whereas, In 2004 the West Virginia Legislature mandated the calculation of a self-sufficiency standard to determine wage adequacy for various families in all counties as a means to assist individuals and inform public policy; and
Whereas, Previous efforts to promote economic development have not always had clear standards of job quality and/or accountability; and
Whereas, By 2003, 43 states, 41 cities and 5 counties had begun applying job quality standards to companies that receive economic development subsidies; and
Whereas, The job quality standards adopted by these jurisdictions include wage, health care and full-time hour requirements; and
Whereas, Research has found that job quality standards do not harm business climates; and
Whereas, West Virginia families would benefit from researching and applying best practices, legislation and policies to promote substainable family wages and benefits developed in other jurisdictions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to appoint a select committee to study various economic development, taxation and other policies aimed at promoting wage adequacy; and, be it
Further Resolved, That this select committee will 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.
Referred to the Committee on Rules.
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. 59--Requesting the Joint Committee on Government and Finance direct the Legislature to study the concept of including clinic-based health care as a prepaid limited health service or another type of insurance.
Whereas, Health care in the United States continues to become more difficult for low-income families to obtain; and
Whereas, Individuals interested in clinic-based health care would pay a prepaid monthly premium to the provider in order to receive basic primary care services, such as medical consultations, exams, screenings, health education services and other services; and
Whereas, The Legislature desires to address the concept of providing preventative and affordable health care by either classifying clinic-based health care as a prepaid health plan or another insurance program for all its citizens; and
Whereas, The Legislature shall create a task force consisting of members from the Health Care Association, the insurance industry, the West Virginia Insurance Commission, clinic-based health care providers, primary care representatives and other representatives determined by the cochairs of the Legislative Oversight Commission on Health and Human Resources Accountability (LOCHHRA) to determine whether clinic-based health care is a coverage option that should be available to citizens of the state and to determine specific parameters of such coverage and needed consumer protections; and
Whereas, This task force shall submit all findings, conclusions and recommendations to LOCHHRA in order for the Commission to draft any legislation necessary to effectuate its recommendations; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct a study of the concept of including clinic- based health care as an option of prepaid limited health service or another insurance option; and, be it
Further Resolved, That the expenses necessary to conduct the study and to prepare reports, recommendations and proposed legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Rules.
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. 60--Requesting the Joint Committee on Government and Finance to study the impact the use of biosolids from wastewater plants in agricultural production has on the environment, lands of abutting farmers and the water supply to include the long-term health risks the use of these biosolids on farms may have for the citizens of this state.
Whereas, West Virginia recycled biosolids from wastewater plants are being recycled as fertilizer in parts of this country and the long-term effects on the land and water supply are not fully understood; and
Whereas, Some West Virginia farmers are concerned that their farmland and water supplies are being contaminated by runoff from other farms that use biosolids from wastewater plants; and
Whereas, This potentially hazardous problem should be analyzed to determine what the long-term effects the use of biosolids on farmlands may have on the environment, abutting farmers, water supplies and public health; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to study the impact the use of biosolids from wastewater plants in agricultural production has on the environment, lands of abutting farmers and the water supply to include the long-term health risks the use of these biosolids on farms may have for the citizens of this state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Rules.
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. 69--Recognizing the importance of the Health Sciences and Technology Academy (HSTA) and its significant contributions to African-American and underrepresented high school students in West Virginia.
Whereas, HSTA strongly strives to increase the number of African-American and underrepresented high school students in West Virginia to pursue post-secondary education in the health sciences and to increase the number of health practitioners in the medically underserved communities of West Virginia; and
Whereas, The goal of HSTA is to nurture the ambitions of talented students who, for economic or other reasons, might not ordinarily achieve their career goals; and
Whereas, The program brings minority and disadvantaged students and their teachers to campus each summer for clinic, laboratory and classroom training and enrichment activities, then provides the infrastructure and support for community-based science projects mentored by teachers, health professions' students and volunteer community leaders during the school year; and
Whereas, The ultimate goal of HSTA is to increase the college- going rate among underrepresented students in the Appalachian region, to improve science and math education, to empower communities through leadership development of their youth and, ultimately, to increase the number of health care providers in West Virginia's currently underserved rural communities; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature recognizes and supports the continued success and development of the Health Sciences and Technology Academy (HSTA) and its importance to the State of West Virginia; 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 Director and other members of the Health Sciences and Technology Academy.
Referred to the Committee on Education.
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. 72--Requesting the Division of Highways to name the bridge on County Rt. 13, Arnett, Raleigh County, West Virginia, at the end of Posey Saxon Road, approximately four tenths of one mile from State Route 3, the "Sergeant Billy Ray Holmes Memorial Bridge".
Whereas, Sgt. Holmes was born on June 12, 1948, in Beckley and graduated from Marsh Fork High School in Raleigh County in 1966 and entered the Army in January, 1967; and
Whereas, Sgt. Holmes finished basic training at Fort Benning, Georgia, and was stationed at Fort Lewis, Washington, before joining his brother in Vietnam; and
Whereas, Sgt. Holmes was killed in combat in Vietnam on July 3, 1968; and
Whereas, Sgt. Holmes was the commander of an armored personnel carrier when the vehicle was attacked by the Vietcong; and
Whereas, The entire crew left the carrier and took cover in nearby bushes, but Sgt. Holmes went back to the vehicle and started to fire a .50 caliber machine gun; and
Whereas, During this fight, Sgt. Holmes was hit in the stomach by an armor-piercing shell, which was about twelve inches in length and five inches in diameter at the largest point; and
Whereas, Sgt. Holmes died within moments of being shot; and
Whereas, A few days before his death, Sgt. Holmes sustained shrapnel wounds when another personnel carrier that he commanded was destroyed by Vietcong fire; and
Whereas, Sgt. Holmes was awarded the Purple Heart and the Bronze Star for his service to his country; and
Whereas, Through his untiring efforts and professional ability, Sgt. Holmes consistently obtained outstanding results; and
Whereas, Sgt. Holmes was quick to grasp the implications of new problems with which he was faced as a result of the ever- changing situations inherent in a counterinsurgency operation and to find ways and means to solve those problems; and
Whereas, It is only fitting and proper that the Legislature and people of the State of West Virginia honor one of its native sons and fallen heros by naming the bridge on County Rt. 13, Arnett, Raleigh County, West Virginia, at the end of Posey Saxon Road approximately four tenths of one mile from State Route 3, the "Sergeant Billy Ray Holmes Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge on County Rt. 13, Arnett, Raleigh County, West Virginia, at the end of Posey Saxon Road, approximately four tenths of one mile from State Route 3, the "Sergeant Billy Ray Holmes Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to cause to be fabricated signs, to be posted at both ends of the above-designated bridge, with words, printed in bold and prominent fashion, proclaiming the "Sergeant Billy Ray Holmes Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to provide a certified copy of this resolution to family of Sergeant Billy Ray Holmes.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
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. 42, Urging Congress provide domestic energy policy and requesting Joint Committee on Government and Finance study energy policy for state.
And,
House Concurrent Resolution No. 19, Requesting the Joint Committee on Government and Finance study the possible expansion of in-home family education programs (Early Parent Education).
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
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. 70, Requesting Division of Highways name bridge at junction of Route 65 and Route 49 in Matewan, Mingo County, "Earl Stafford Memorial Bridge".
And,
Senate Concurrent Resolution No. 73, Requesting Division of Highways name bridge on U. S. Route 119 at Miller's Creek, Mingo County, "Arnold J. Starr Memorial Bridge".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Eng. Com. Sub. for House Bill No. 2296, Increasing service of process fees and providing that the fees collected be deposited in the West Virginia deputy sheriff retirement fund.
Eng. House Bill No. 2457, Limiting the basis for calculating the alternate method of annual contribution required by municipalities into the Policemen's and Firemen's Pension and Relief Fund.
Eng. House Bill No. 2780, Relating to increasing the allocation of racetrack video lottery net terminal income to be used for payment into the pension plan for employees of the Licensed Racing Association.
And,
Eng. House Bill No. 3160, Authorizing the Consolidated Public Retirement Board to charge delinquency fees approximating lost interest or earnings.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
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 Engrossed Committee Substitute for House Bill No. 2296 contained in the foregoing report from the Committee on Pensions.
At the request of Senator Foster, unanimous consent being granted, Engrossed Committee Substitute for House Bill No. 2296 was taken up for immediate consideration, read a first time and ordered to second reading.
At the request of Senator Foster, and by unanimous consent, the bills (Eng. H. B. Nos. 2457, 2780 and 3160) contained in the preceding report from the Committee on Pensions were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and Infrastructure , submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. Com. Sub. for House Bill No. 2417, Relating to compressed gas container safe transport.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2417) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Unger, from the Committee on Transportation and Infrastructure , submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. House Bill No. 2802, Updating provisions pertaining to commercial driver's licenses to conform with federal law.
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 the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Eng. H. B. No. 2802) contained in the preceding report from the Committee on Transportation and Infrastructure 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 the Judiciary, with amendments from the Committee Transportation and Infrastructure on pending.
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. 2890, Relating to unlawful methods of hunting and fishing.
And,
Eng. House Bill No. 2990, Permitting the Director of the Natural Resources to set the time and date of the meeting for the convenience of the Public.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 2890 and Eng. H. B. No. 2990) contained in the preceding report from the Committee on Natural Resources were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Unger, from the Committee on Transportation and Infrastructure , submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. House Bill No. 2989, Authorizing the Division of Motor Vehicles to suspend or refuse to register vehicles of motor carriers whose authority to operate in interstate commerce has been denied or suspended.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Eng. H. B. No. 2989) contained in the preceding report from the Committee on Transportation and Infrastructure 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 the Judiciary.
Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Eng. House Bill No. 3053, Repealing the Downtown Redevelopment District Act.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
At the request of Senator McCabe, unanimous consent being granted, the bill (Eng. H. B. No. 3053) contained in the preceding report from the Committee on Economic Development 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 the Judiciary.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Eng. House Bill No. 3093, Permitting River Valley Child Development Services, Inc., to withdraw from the teachers defined contribution plan.
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,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being granted, the bill (Eng. H. B. No. 3093) contained in the preceding report from the Committee on Pensions 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 Pensions pending.
Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Eng. House Bill No. 3125, Providing for biannual independent review of the Neighborhood Investment Program and to extend the program until July 1, 2008.
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,
Brooks F. McCabe, Jr.,
Chair.
At the request of Senator McCabe, unanimous consent being granted, the bill (Eng. H. B. No. 3125) contained in the preceding report from the Committee on Economic Development 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 Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Eng. House Bill No. 3203, Authorizing the closure of certain existing retirement funds for municipal policemen and firemen and establishment of a defined contribution plan in lieu thereof.
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,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being granted, the bill (Eng. H. B. No. 3203) contained in the preceding report from the Committee on Pensions 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 Pensions pending.
Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Eng. House Bill No. 3280, Relating to modifying the review by the Public Service Commission of public convenience and necessity applications where the project has been approved by the Infrastructure and Jobs Development Council.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
At the request of Senator McCabe, unanimous consent being granted, the bill (Eng. H. B. No. 3280) contained in the preceding report from the Committee on Economic Development 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 the Judiciary.
The Senate proceeded to the sixth order of business.
Senators Facemyer and Unger offered the following resolution:
Senate Concurrent Resolution No. 91-- Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability study the issue of the availability and distribution of long-term care beds in the State of West Virginia.
Whereas, In 1992, the Legislature issued a moratorium prohibiting additional intermediate care or skilled nursing beds within the state; and
Whereas, Since that moratorium, the nursing home industry has changed with the addition of less intensive and less expensive care options; and
Whereas, Changing demographics and patterns of nursing facilities in the state have caused a crisis in the ability of this state to offer continuity and access to long-term care for older West Virginians; and
Whereas, With the addition of such options as adult day care, home care and assisted living, the aging population of West Virginia is afforded an array of possibilities for care beyond the traditional nursing home; and
Whereas, Medical technologies and an emphasis on preventative health care have resulted in increased longevity of the population of older citizens; and
Whereas, The number of elderly Americans requiring some level of long-term care is expected to double over the next 25 years, requiring a retooling of the manner in which individual states address the needs of their aging populations; and
Whereas, A study of the availability and distribution of long-term care beds to tend to the long-term care needs of the senior citizen population in West Virginia is necessary; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the Legislative Oversight Commission on Health and Human Resources Accountability to study the issue of the availability and distribution of long-term care beds in the State of West Virginia; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability report to the regular session of the Legislature, 2006, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Unger, McCabe and Jenkins offered the following resolution:
Senate Resolution No. 36-- Congratulating Travel Berkeley Springs on receiving the Governor's Arts Award for Creative Community Spirit and Pam Parziale on receiving the Governor's Distinguished Arts Award.
Whereas, On April 4, 2005, the 2005 Governor's Arts Awards were presented at a ceremony in Charleston; and
Whereas, The Governor's Arts Award for Creative Community Spirit for a city, town or community nonarts organization using the arts for community development or betterment was won by Travel Berkeley Springs of Morgan County. The company was cited as a model for a productive partnership between the arts and tourism; and
Whereas, Pam Parziale of Jefferson County won the Governor's Distinguished Arts Award for lifetime achievement in the arts. She was chosen because of her combination as a working artist, arts administrator and arts activist; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates Travel Berkeley Springs on receiving the Governor's Arts Award for Creative Community Spirit and Pam Parziale on receiving the Governor's Distinguished Arts Award; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Travel Berkeley Springs and Pam Parziale.
At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
At the request of Senator Chafin, unanimous consent being granted, Senator Chafin offered the following resolution from the floor:
Senate Resolution No. 37-- Recognizing the accomplishments of Charlotte Sanders, longtime writer for the Williamson Daily News and distinguished West Virginian.
Whereas, Charlotte Oliver Sanders was born in Williamson, Mingo County, in 1921; and
Whereas, Charlotte Oliver Sanders was married to her beloved husband of 38 years, the late James "Doc" Sanders; and
Whereas, Charlotte and James "Doc" Sanders shared the joy of having two sons, Terry Sanders of Williamson, Mingo County, and James Sanders of Lexington, Kentucky; and
Whereas, Charlotte Sanders began her career as a writer with the Williamson Daily News in 1943. Sixty-two years later, she still serves as the senior writer and historian for the Williamson Daily News; and
Whereas, Charlotte Sanders has been honored by both the West Virginia Press Association and the Kentucky Press Association and has won a myriad of awards for her outstanding work in feature writing, columns and news; and
Whereas, Charlotte Sanders wrote a special section for the newspaper on the historic Hatfield and McCoy feud; and
Whereas, At the age of 84, Charlotte Sanders continues to perform her duties as a writer showcasing Mingo County and West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the accomplishments of Charlotte Sanders, longtime writer for the Williamson Daily News and distinguished West Virginian; and, be it
Further Resolved, That the Senate acknowledges the many contributions made by Charlotte Sanders to Mingo County and the State of West Virginia over the past six decades as a respected reporter and writer; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Charlotte Sanders.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Fanning, and by unanimous consent, the remarks by Senator Chafin regarding the adoption of Senate Resolution No. 37 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 White, unanimous consent being granted, returned to the second order of business and the introduction of guests.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Minear presented a petition from Janie Thomas and numerous Reedsville residents, requesting the paving of Morgan Mine Road from Route 7 to Route 92 in Preston County.
Referred to the Committee on Transportation and Infrastructure.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Concurrent Resolution No. 92 (originating in the Committee on Pensions)-- Requesting the Joint Committee on Government and Finance study the risks, benefits and costs of defined benefit pension plans and defined contribution pension plans provided to state and local government employees.
Whereas, The State of West Virginia and its political subdivisions currently have employees participating in defined benefit pension plans and defined contribution pension plans, with a majority of state and local employees participating in a defined benefit plan; and
Whereas, The private sector has moved increasingly toward providing defined contribution pension plans to employees to reduce costs associated with defined benefit plans; and
Whereas, The defined contribution pension plans, while potentially offering employer savings, place the risk of investment performance on the employee and, thus, offer less retirement income stability to employees; and
Whereas, The financial costs associated with public employee pension plans have increasingly become a burden on the state and its political subdivisions. A comprehensive study of recent trends in the private sector, the federal government and other states is needed to determine an appropriate course of action to ensure that meaningful pension benefits are provided to public employees in the future, while ensuring that those pension plans are also financially sustainable by state and local governments; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the risks, benefits and costs of defined benefit pension plans and defined contribution pension plans provided to state and local government employees; 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,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being granted, the resolution (S. C. R. No. 92) contained in the preceding report from the Committee on Pensions was taken up for immediate consideration.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
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. 2669, Authorizing miscellaneous boards and agencies to promulgate legislative rules .
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. Com. Sub. for H. B. No. 2669) 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 seventh order of business.
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.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 56, Requesting Joint Committee on Government and Finance study highway authorities in state.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 74, Requesting Joint Committee on Government and Finance study fiscal affairs of state water and sewer utilities.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 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.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 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.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 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.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
House Concurrent Resolution No. 32, Requesting the Joint Committee on Government and Finance to study the creation of a small disadvantaged business loan pool.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 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.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 51, Requesting the Joint Committee on Government and Finance to study the need to provide low-cost spay and neuter programs across the state.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate third reading calendar, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 502 and Engrossed Senate Bill No. 536; and from the Senate second reading calendar, Engrossed House Bill No. 3281.
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.
Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Senate Bill No. 536, Relating to creation and modification of public service districts.
Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
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 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. 2174) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2350, Relating to conditions for awarding teaching certificates.
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. H. B. No. 2350) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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 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. 2381) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2449, Continuation of the West Virginia Board of Manufactured Housing Construction and Safety.
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. H. B. No. 2449) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2449) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 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 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, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Oliverio--1.
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. 2497) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 2534, Continuation of the Tourism Commission.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2534) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2534) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2570, Requiring banking institutions to post bond or other security for the deposit of county, municipal or county board of education funds.
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. 2570) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2623, Continuation of the Public Land Corporation.
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. H. B. No. 2623) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2623) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2789, Relating to the assessment date for bank holding companies.
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. 2789) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2958, Continuing the Public Employees Insurance Agency Finance Board.
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. H. B. No. 2958) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2958) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2973, Allowing broker/dealers, in addition to banks, to act as custodians of insurance company securities.
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. 2973) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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 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. 2981) 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. Com. Sub. for H. B. No. 2981) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 3046, Continuation of the Board of Veterinary Medicine.
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. H. B. No. 3046) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3046) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 3105, Creating a special revenue fund for the provision of occupational safety and health initiatives.
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. H. B. No. 3105) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3105) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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 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. H. B. No. 3106) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the ninth order of business.
Eng. House Bill No. 2078, Requiring the spaying or neutering of certain dogs and cats.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk and adopted:
On page three, section two, after line seventeen, by inserting a new subsection, designated subsection (b), to read as follows:
(b) Any agency, as set forth in subsection (a) of this section which has written policy of not permitting the adopted dog or cat from being released from the custody of the agency to the new owner until the dog or cat has been spayed or neutered, does not have to comply with the provisions of subdivision (3) of said subsection.;
And,
By relettering the remaining subsection.
The bill (Eng. H. B. No. 2078), as amended, was then ordered to third reading.
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.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2150, Expanding the possible venues where a child neglect or abuse petition may be filed.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page two, section one, line four, after the word "child" by striking out the comma and inserting the words "resides, or if the petition is being brought by the Department, in the county in which the".
The bill (Eng. H. B. No. 2150), as amended, was then ordered to third reading.
Eng. House Bill No. 2368, Increasing the veterinary fee for each cat and dog vaccinated for rabies.
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. 2466, Eliminate provisions which created unlawful classifications based on race and to update obsolete provisions.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
That §18-14-1 of the Code of West Virginia, 1931, as amended, be repealed; and that §18-5-32 of said code be amended and reenacted to read as follows:

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-32. Assistant superintendents; directors and supervisors of instruction and other educational activities.

(a) The county board, ~~of education~~ upon the recommendation of the county superintendent, may employ an assistant whose term of employment shall be not less than one nor more than four years: Provided, That ~~such~~ his or her term shall not extend beyond that of the incumbent county superintendent.
(b) The board shall not employ more than one assistant for each two hundred teachers or major fraction thereof. ~~Provided, however,~~ ~~That in such districts in which assistants are employed and fifty or more Negro teachers are employed therein, the board may employ one negro assistant superintendent.~~
(c) The county board, upon the recommendation of the county superintendent, ~~shall have authority~~ is authorized to employ ~~such~~ general and special supervisors or directors of instruction and of ~~such~~ other educational activities as may be ~~deemed~~ considered necessary.
(d) The employment of the assistant superintendent shall be on a twelve-month basis. The period of employment for all others named herein shall be at the discretion of the county board.
(e) Rules ~~and regulations~~ for qualifications of assistant superintendents and directors and supervisors of instruction and of other educational activities shall be fixed by the State Board: ~~of Education~~ Provided, ~~however,~~ That the qualifications required for any assistant superintendent shall in no event be higher than those required for the county superintendent: Provided, ~~further~~ however, That ~~such~~ the rules do not affect the status of any incumbent nor his or her right to succeed himself or herself in his or her assigned position.
(f) The county board of education ~~shall have the authority~~ is authorized to reimburse ~~such~~ the employees for their necessary traveling expenses upon presentation of a monthly, itemized, sworn statement approved by the county superintendent.
(g) Any person employed under the foregoing provision of this section, provided he or she holds a valid teacher's certificate, shall be given continuing contract status as a teacher and shall hold ~~such~~ that status unless dismissed for statutory reasons.
The board may also cooperate with the extension division of the college of agriculture in employing an agricultural club agent for the organization and direction of boys' and girls' agricultural clubs.
(h) All acts or parts of acts inconsistent with this section are hereby repealed.
The bill (Eng. Com. Sub. for H. B. No. 2466), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2477, Relating to exemptions from execution or other judicial process in consumer credit transaction or consumer leases.
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. 2501, Providing for the termination of the agency, Jobs for West Virginia's Graduates, from the Public Employees Retirement System.
On second 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. 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 second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 2650, Relating to beef industry self-improvement assessment program.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
On page twelve, by striking out all of section eleven and inserting in lieu thereof a new section eleven, to read as follows:
§19-2F-11. Continuation of program.
Pursuant to the provisions of article ten, chapter four of this code, the beef industry self-improvement assessment program 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. 2650), as amended, was then ordered to third reading.
Eng. House Bill No. 2777, Making technical changes concerning High-Tech research zones, parks and technology centers and tax incentives relating thereto.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
That §18B-13-1, §18B-13-2, §18B-13-3, §18B-13-4 and §18B-13-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 13. HIGHER EDUCATION -- INDUSTRY PARTNERSHIPS.

§18B-13-1. Legislative findings; intent; definition.

(a) Legislative findings. -- The Legislature finds that a pressing need exists for collaborative research and development between institutions of higher education and industry. This need also extends to assisting companies to develop and adapt to new technology. A commitment by the state to support cooperative ~~university-industry~~ partnerships ~~will preserve~~ between higher education and industry preserves existing jobs and ~~create~~ creates new jobs; ~~promote~~ promotes development of business enterprises and ~~help~~ helps them become competitive; and ~~enable~~ enables West Virginia to achieve the goals of economic growth and full employment by revitalizing and diversifying the ~~West Virginia~~ economy. Focused research and technical assistance efforts related to West Virginia industry ~~will speed~~ advances such development, ~~improve~~ improves technology transfer, ~~assist~~ assists companies in becoming growth leaders and ~~link~~ links basic research and technological developments to economic advancement.
(b) Legislative intent. -- It is the ~~purpose~~ intent of the Legislature to ~~have as the state's goals~~ adopt the following as state goals to be reached through applied science and technology and partnership programs:
(1) ~~the movement of the state of~~ Moving West Virginia into the forefront of science and technology; ~~by the year two thousand~~
(2) ~~the attraction of~~ Attracting business, federal contracts and industry; and
(3) ~~the creation of~~ Creating jobs for the people of this state. ~~through applied science and technology and partnership programs~~.
(c) Definition. -- As used in this article, "qualified business" means a business registered to do business in this state which is engaged in science and technology-related "manufacturing" (as defined in section three, article thirteen-s, chapter eleven of this code) or science and technology-related "research and development" (as defined in section three, article thirteen-q, chapter eleven of this code or section three, article thirteen-r of said chapter) within a research zone, park or technology center.

§18B-13-2. Higher education-industry collaboration and technical assistance.

~~Institutions~~ Each governing board of a state institution of higher education shall develop a plan to engage in collaborative projects designed to assist business to adapt or develop new technology under this article.

§18B-13-3. Powers and duties.

(a) The West Virginia ~~state~~ Development ~~council~~ Office, in consultation with the ~~higher education governing boards~~ Commission, is hereby authorized and directed to develop a strategic comprehensive plan and grant program to attract new science and high technology industries, to retain and expand current state industries through technology and other processes and to increase research grants, contracts, matching funds and procurement arrangements from the federal government, private industry and other agencies. ~~Such~~ The initial~~, and annually updated,~~ strategic comprehensive plan and each annual plan update shall be developed and ~~annually~~ filed with the Governor and Legislature.
(b) The West Virginia ~~state~~ Development ~~council~~ Office, in consultation with the ~~higher education governing boards~~ Commission, shall review the work and projects undertaken by the Center of Regional Progress, the Center for Economic Research, the Institute for International Trade Development and the West Virginia Foundation for Science and Technology.
§18B-13-4. High-Tech research zones, parks and technology centers; tax incentives.

(a) For the purposes of this subsection, a "qualified state institution of higher education" is a state institution of higher education meeting the qualifications to be established by the West Virginia Development Office. The ~~state development council~~ West Virginia Development Office shall work with the county commissions, ~~the~~ municipalities and local development authorities where ~~state colleges and universities~~ qualified state institutions of higher education are located and shall develop a plan and grant program for the establishment and operation of qualifying High-Tech ~~2000~~ research zones, parks and technology centers on or near the campuses of ~~selected universities and colleges~~ qualified state institutions of higher education to attract ~~local~~ business and industry engaged in science and technology related research and development. The ~~state development council shall coordinate the development of such~~ plan and grant program ~~which~~ shall include qualifications ~~for eligible~~ that are to be met in order to receive approval by the West Virginia Development Office as a research zone, park or technology center or as a qualified business. Those ~~High-Tech 2000 research zones, parks and research centers and which~~ qualifications shall require a minimum partnership commitment from one or more qualified businesses in the private sector ~~either~~ in the construction, operation or location of the ~~research parks or zones or technology centers; and the~~ research zone, park or technology center. The West Virginia Development Office shall designate the particular geographic area comprising the research zone, park or technology center.
The West Virginia Economic Development Authority ~~shall have authority~~ is authorized to enter into agreements with state institutions of higher education, private developers or other interested businesses or persons to acquire, finance, construct, operate, own, lease or otherwise manage any research zone, park or ~~zone~~ technology center and to collect rentals or other forms of payment for the operation of ~~the~~ research zones, parks ~~or zones~~ or technology centers. The West Virginia Economic Development Authority is ~~hereby~~ authorized either ~~singularly~~ singly or in conjunction with any county commission, municipality or local development authority, to issue special ~~High-Tech 2000~~ bonds for the purpose of this section, including, but not limited to, special project revenue bonds and special user bonds limited to the actual cost of construction and start-up of any qualifying and approved research ~~park or zone~~ zones, parks or technology centers, and improvements necessary thereto, pursuant to article twelve-b, chapter eighteen of this code.
~~(b) Notwithstanding any other provision of this code~~ ~~to the contrary,~~ ~~relating to any other exemptions or credits to which any business may be entitled under this code, the following exemptions~~ ~~shall only apply to qualified approved High-Tech 2000 research park or zone or technology center~~:
~~(1) The enterprise zone tax exemptions as provided in section five, article two-b, chapter five-b of this code;~~
(2) A tax credit for qualified business, in the amount of the workers' compensation premium paid in accordance with article two, chapter twenty-three of this code, which credit shall be credited against any corporate net income tax or personal income tax of the qualified business or liability of the owners of the qualified business which is a proprietorship or a partnership;
(3) The deferral for qualified business of all state corporate net income tax, business and occupation tax, telecommunications tax, severance tax, business franchise tax or other state income tax liability for the start-up period of the business not to exceed three years, and qualified business shall be entitled to an exemption from any such deferred tax if such business both employs at least seven persons on a full-time basis as of the due date of the deferred tax liability, and the qualified business maintains an average employment of at least seven full-time employees over the last two years of the three year start-up period.
Notwithstanding any other provision herein to the contrary, the amount of total credits and deferrals allowable under this section or section five, article two-b, chapter five-b of this code, shall not exceed two and one-half million dollars in any one fiscal year for all eligible businesses: ~~Provided,~~ ~~That the credits allowed by this section are nonrefundable so that a taxpayer shall not claim a total credit amount that reduces the taxpayer's tax liability to less than zero.~~
(b) For taxable years beginning on and after the first day of January, two thousand five, any qualified business approved by the West Virginia Development Office on or after the first day of January, two thousand four, and located in a geographic area designated as a High-Tech research zone, park or technology center, shall be considered to be:
(1) A business eligible for economic opportunity tax credit entitlement pursuant to section nineteen, article thirteen-q, chapter eleven of this code and entitled to the twenty-percent new jobs percentage under section nine of said article if it creates at least seven new jobs in a research zone, park or technology center;
(2) An eligible taxpayer for purposes of the strategic research and development credit provided under article thirteen-r, chapter eleven of this code;
(3) An industrial taxpayer for purposes of the manufacturing investment tax credit provided under article thirteen-s, chapter eleven of this code if it is primarily engaged in manufacturing related to research and development; and
(4) Entitled to priority for approval of refundable credit for the small qualified research and development company credit under section six, article thirteen-r, chapter eleven of this code ahead of eligible taxpayers that are not qualified businesses under section one of this article: Provided, That the qualified business otherwise meets the requirements for those credits.
(c) Notwithstanding any other provision herein to the contrary, the amount of total credits and deferrals allowable under this section shall not exceed two and one-half million dollars in any one fiscal year for all eligible businesses: Provided, That, except for the credit allowed under subdivision (4), subsection (b) of this section, the credits allowed by this section are nonrefundable so that a taxpayer shall not claim a total credit amount that reduces the taxpayer's tax liability to less than zero.

§18B-13-5. Use of state property and equipment; faculty.

(a) The governing boards are authorized to provide for the low cost and economical use and sharing of state property and equipment, including computers, research labs and other scientific and necessary equipment to assist any qualified business within an approved research park or zone or technology center. The ~~governing boards~~ Commission shall approve a schedule of nominal or reduced- cost reimbursements to the state for such use.
(b) The governing boards shall develop and provide for a program of release time, sabbaticals or other forms of faculty involvement or participation with any qualifying business.
(c) The Legislature finds that cooperation, communication and coordination are integral components of higher education's involvement in economic development. In order to proceed in a manner that is cost effective and time efficient, it ~~shall be~~ is the duty of the ~~governing boards~~ Commission to review and coordinate such aspects of the programs administered by the governing boards. ~~Such~~ The review and coordination ~~shall~~ may not operate ~~so as~~ to ~~adversely~~ affect adversely sources of funding ~~nor shall it affect~~ or any statutory characterization of any program as an independent entity. The ~~governing boards~~ Commission shall report ~~on an annual basis~~ annually to the Legislature and the Governor. The report shall contain the following information:
(1) The number of seminars and workshops conducted;
(2) The subject matter addressed in each seminar and workshop;
(3) The number of feasibility studies conducted and the subject matter contained in each study;
(4) An accounting of the cost of all travel expenses, seminars, workshops and feasibility studies; and
(5) The extent to which the authority provided for in subsection (b) of this section has been exercised, ~~with specificity as to~~ stating specifically the names of the ~~institution and faculty member~~ institutions and faculty members involved in the program.
The bill (Eng. H. B. No. 2777), as amended, was then ordered to third reading.
Eng. House Bill No. 2837, Prescribing personal finance instruction in secondary schools by the State Board of Education.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-7c. Program in personal finance.

(a) The Legislature finds and declares that persons with an understanding of personal finance are better prepared to manage their money and that providing a personal finance program in secondary schools in West Virginia will prepare students to handle their finances.
(b) To provide students a basic understanding of personal finance, the State Board shall develop a program of instruction on personal finance which may be integrated into the curriculum of an appropriate existing course or courses for students in secondary schools.
The bill (Eng. H. B. No. 2837), as amended, was then ordered to third reading.
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.
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. 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.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
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.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 3281, Relating to making it a crime to alter, destroy, or tamper with computer equipment containing voter registration information.
Having been removed from the Senate second reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 3293, Establishing residential treatment programs for regional jail inmates who are abusers of alcohol and other drugs.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 3357, Streamlined sales and use tax administration.
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. Com. Sub. for House Bill No. 3051, Relating to defining certain terms relative to hunting.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendment, as amended by the House of Delegates, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment to the Senate amendment, as to
Eng. Com. Sub. for House Bill No. 2492, Providing a funding mechanism for teen court programs.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the Senate amendment to the bill was reported by the Clerk:
On page one, by striking out everything after the article heading and inserting in lieu thereof the following:
§49-5-13d. Teen court program.
(a) Notwithstanding any provision of this article to the contrary, in any county that chooses to institute a teen court program in accordance with the provisions of this section, any juvenile who is alleged to have committed a status offense or an act of delinquency which would be a misdemeanor if committed by an adult and who is otherwise subject to the provisions of this article may be given the option of proceeding in the teen court program as an alternative to the filing of a formal petition under section seven of this article or proceeding to a disposition as provided by section eleven-a or thirteen of this article, as the case may be. The decision to extend the option to enter the teen court program as an alternative procedure shall be made by the circuit court if the court finds that the offender is a suitable candidate for the program. No juvenile may enter the teen court program unless he or she and his or her parent or guardian consent. Any juvenile who does not successfully cooperate in and complete the teen court program and any disposition imposed therein shall be returned to the circuit court for further disposition as provided by section eleven-a or thirteen of this article, as the case may be.
(b) The following provisions apply to all teen court programs:
(1) The judge for each teen court proceeding shall be an acting or retired circuit court judge or an active member of the West Virginia state bar, who serves on a voluntary basis.
(2) Any juvenile who selects the teen court program as an alternative disposition shall agree to serve thereafter on at least two occasions as a teen court juror.
(3) Volunteer students from grades seven through twelve of the schools within the county shall be selected to serve as defense attorney, prosecuting attorney, court clerk, bailiff and jurors for each proceeding.
(4) Disposition in a teen court proceeding shall consist of requiring the juvenile to perform sixteen to forty hours of community service, the duration and type of which shall be determined by the teen court jury from a standard list of available community service programs provided by the county juvenile probation system and a standard list of alternative consequences that are consistent with the purposes of this article. The performance of the juvenile shall be monitored by the county juvenile probation system. The juvenile shall also perform at least two sessions of teen court jury service and, if considered appropriate by the circuit court judge, participate in an education program. Nothing in this section may be construed so as to deny availability of the services provided under section eleven-a of this article to juveniles who are otherwise eligible therefor.
(c) The rules for administration, procedure and admission of evidence shall be determined by the chief circuit judge, but in no case may the court require a juvenile to admit the allegation against him or her as a prerequisite to participation in the teen court program. A copy of these rules shall be provided to every teen court participant.
(d) Each county that operates, or wishes to operate, a teen court program as provided in this section is hereby authorized to adopt a mandatory fee of up to five dollars to be assessed as provided in this subsection. Assessments collected by the clerk of the court pursuant to this subsection shall be deposited into an account specifically for the operation and administration of a teen court program. The clerk of the court of conviction shall collect the fees established in this subsection and shall remit the fees to the teen court program, less five percent which shall be retained as fee income to the office of the clerk of the municipal, magistrate or circuit court processing the case. Any mandatory fee established by the county commission in accordance with the provisions of this subsection shall be paid by the defendant on a judgment of guilty or a plea of nolo contendere for each violation committed in the county of any traffic regulation or law of the road established under the provisions of chapter seventeen-c of this code or any local ordinance.
On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendment to the Senate amendment to the bill (Eng. Com. Sub. for H. B. No. 2492) and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Chafin, Sprouse, Bowman, Weeks, Boley, Hunter and Kessler.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, April 6, 2005, at 11 a.m.
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