(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
FIFTY-SEVENTH DAY
____________
Charleston, W. Va., Wednesday, April 6, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Arnold Parkins, Ray Kinder, Bill Pauley and Kenneth Legg
proceeded in the singing of "Precious Memories".
Prayer was offered by the Reverend Rose Edington and the
Reverend Melvin Hoover, Unitarian Universalist Fellowship,
Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, April 5, 2005,
On motion of Senator Plymale, 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 amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 42, Limiting liability for waste tire
remediation costs for certain owners of real property.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page four, section seven, line fifty-four, by striking out
the words "in good faith acquired" and inserting in lieu thereof
the words "is a bona fide purchaser of".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 42, as amended by the House of
Delegates, 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. 42) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 122, Allowing certain state-chartered
banks to organize as limited liability companies.
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. Senate Bill No. 183, Authorizing warden to allow
withdrawal from inmate's savings account in certain cases.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 238, Including steel
railroad track and track material under statutory provisions
involving purchase of scrap metal.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page two, section forty-nine, line fifteen, by striking out the word "material".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 238, as
amended by the House of Delegates, 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.
Com. Sub. for S. B. No. 238) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 580, Prohibiting political
subdivisions from regulating seeds.
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. Com. Sub. for Senate Bill No. 717, Permitting Wetzel
County Hospital provide alternate retirement plan for new
employees.
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
section and inserting in lieu thereof the following:
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-18. Termination of membership; reentry.
(a) When a member of the retirement system retires or dies, he
or she ceases to be a member. When a member leaves the employ of
a participating public employer for any other reason, he or she
ceases to be a member and forfeits service credited to him or her
at that time. If he or she becomes reemployed by a participating
public employer he or she shall be reinstated as a member of the
retirement system and his or her credited service last forfeited by
him or her shall be restored to his or her credit: Provided, That
he or she must be reemployed for a period of one year or longer to
have the service restored: Provided, however, That he or she returns to the members' deposit fund the amount, if any, he or she
withdrew from the fund, together with regular interest on the
withdrawn amount from the date of withdrawal to the date of
repayment, and that the repayment begins within two years of the
return to employment and that the full amount is repaid within five
years of the return to employment.
(b) The Prestera Center for Mental Health Services, Valley
Comprehensive Mental Health Center, Westbrook Health Services and
Eastern Panhandle Mental Health Center, and their successors in
interest, shall provide for their employees a pension plan in lieu
of the Public Employees Retirement System during the existence of
the named mental health centers and their successors in interest.
(c) The administrative bodies of the Prestera Center for
Mental Health Services, Valley Comprehensive Mental Health Center,
Westbrook Health Services and Eastern Panhandle Mental Health
Center shall, on or before the first day of May, one thousand nine
hundred ninety-seven, give written notice to each employee who is
a member of the Public Employees Retirement System of the option to
withdraw from or remain in the system. The notice shall include a
copy of this section and a statement explaining the member's
options regarding membership. The notice shall include a statement
in plain language giving a full explanation and actuarial
projection figures in support of the explanation regarding the
individual member's current account balance, vested and nonvested, and his or her projected return upon remaining in the public
employees retirement system until retirement, disability or death,
in comparison with the projected return upon withdrawing from the
Public Employees Retirement System and joining a private pension
plan provided by the Community Mental Health Center and remaining
therein until retirement, disability or death. The administrative
bodies shall keep in their respective records a permanent record of
each employee's signature confirming receipt of the notice.
(d) Effective the first day of March, two thousand three, of
June, two thousand five and ending the thirty-first day of
December, two thousand four seven, any member may purchase credited
service previously forfeited by him or her and the credited service
shall be restored to his or her credit: Provided, That he or she
returns to the members' deposit fund the amount, if any, he or she
withdrew from the fund, together with interest on the withdrawn
amount from the date of withdrawal to the date of repayment at a
rate to be determined by the Board the assumed actuarial rate of
return for the plan year or years being repurchased compounded
annually. The repayment under this section may be made by lump sum
or repaid over a period of time not to exceed sixty months. Where
the member elects to repay the required amount other than by lump
sum, the member is required to pay interest at the rate determined
by the Board the assumed actuarial rate of return for the plan year
or years being repurchased compounded annually until all sums are fully repaid.
(e) Effective the first day of July, two thousand five, and
ending the thirty-first day of December, two thousand six, any
emergency services personnel may purchase service credit for the
time period beginning the first day of January, one thousand nine
hundred ninety, and ending the thirty-first day of December, one
thousand nine hundred ninety-five: Provided, That person was
employed as an emergency service person in this state for that time
period: Provided, however, That any person obtaining service
credit under this subsection is required to pay the employee's
share and the employer's share upon his or her actual salary for
the years in question plus interest at the assumed actuarial rate
of return for the plan year being repurchased.
(f) Jobs for West Virginia's Graduates and their successors in
interest shall provide a pension plan in lieu of the Public
Employees Retirement System for employees hired on or after the
first day of July, two thousand five.
(g) Wetzel County Hospital and their successors in interest
shall provide a pension plan in lieu of the Public Employees
Retirement System for employees hired on or after the first day of
July, two thousand five.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 717--A Bill to amend and
reenact §5-10-18 of the Code of West Virginia, 1931, as amended,
relating to permitting Wetzel County Hospital and Jobs for West
Virginia's Graduates respectively to provide an alternative
retirement plan for new employees in lieu of participation in the
Public Employees Retirement System; setting forth a window of time
for members to repurchase service credit; specifying interest rate;
and permitting emergency services personnel to purchase service
credit for the years one thousand nine hundred ninety to one
thousand nine hundred ninety-five; specifying the cost of the
service credit; specifying interest rate; and setting forth a
limited time period for emergency services personnel to make the
purchase.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. Com. Sub. for S.
B. No. 717) 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.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 14, Requesting Division of
Highways name bridge at Peytona, Boone County, "Charles R. Carrico
Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, to take effect
from passage, of
Eng. House Bill No. 2813, Relating to requirements for
certificate of public convenience and necessity.
Executive Communications
The Clerk then presented communications from His Excellency,
the Governor, advising that on April 4, 2005, he had approved Enr.
Senate Bill No. 413 and Enr. Senate Bill No. 476; and on April 6,
2005, he had approved Enr. House Bill No. 2333 and Enr. House Bill
No. 2783.
The Senate proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2111, Authorizing paramedics
to practice in hospital emergency rooms.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Health and Human Resources.
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. 2186, Restricting involuntary commitment
for addicted persons to those who, as a result of such addiction,
are likely to cause serious harm to themselves or others.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on the Judiciary pending.
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. 2271, Relating to the payment of expert
fees in child abuse and neglect cases.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2271) 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 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. 2334, Relating to limiting
child out-of-state placements.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2334) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with an amendment
from the Committee on the Judiciary pending.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 2528, Relating to alternative programs for
the education of teachers.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. H. B. No. 2528) contained in the preceding
report from the Committee on Education 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
Education pending.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2816, Creating the West
Virginia Healthy Act of 2005.
With an amendment from the Committee on Health and Human
Resources pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Education; but under the
original triple committee reference first be referred to the
Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
third committee reference of the bill contained in the foregoing
report from the Committee on Education.
At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2816) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2852, Implementing the
recommendations of the West Virginia Pharmaceutical Cost Council.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double reference first be
referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2852) contained in
the preceding report from the Committee on Health and Human
Resources 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 Health and Human Resources
pending.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 2878, Relating to allowing
the fraud unit to investigate the forgery of insurance documents.
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,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2878) contained in
the preceding report from the Committee on Banking and Insurance
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 on Banking and Insurance
pending.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Eng. House Bill No. 2885, Relating to tuberculosis testing,
control, treatment and commitment.
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,
Roman W. Prezioso, Jr.,
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 Health and Human Resources.
Senator Oliverio, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Eng. Com. Sub. for House Bill No. 2980, Providing for the
certification of special inspectors and to permit the acceptance of
inspections provided by special inspectors in lieu of inspections
by the Division of Labor.
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,
Michael A. Oliverio II,
Chair.
At the request of Senator Oliverio, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2980) contained in
the preceding report from the Committee on Labor 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 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. 3048, Relating to
restructuring of the hunting and fishing license system.
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,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3048) contained in
the preceding report from the Committee on Natural Resources 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 Natural Resources pending.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 3138, Relating to requiring
health insurance plans to cover the cost of contraceptives.
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,
Joseph M. Minard,
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 Banking and Insurance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 3152, Clarifying that the Board of Risk
and Insurance Management is not to provide insurance for every
property, activity or responsibility of the county boards of
education.
With amendments from the Committee on Banking and Insurance
pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Banking and Insurance to which
the bill was first referred; but under the original triple
committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. H. B. No. 3152) contained in the preceding
report from the Committee on Education was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original triple committee reference, was then referred to
the Committee on Finance, with amendments from the Committee on
Banking and Insurance pending.
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. 3355, Unemployment compensation generally.
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. 3355) 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.
The Senate proceeded to the sixth order of business.
Senators Jenkins, Plymale, Dempsey, McCabe, Fanning and Unger
offered the following resolution:
Senate Resolution No. 38--Designating April 6, 2005, as
"Marshall University Day".
Whereas, Marshall University is one of the state's premier
institutions of higher education and classified as Masters I by the
Carnegie Foundation; and
Whereas, Marshall University educates more than 16,300
students at campus locations in Huntington, Point Pleasant and South Charleston and offers degrees at the associate,
baccalaureate, master's and doctoral levels; and
Whereas, Enrollment at Marshall University has continued to
rise over the past decade while grade point averages and
standardized test scores continue to keep pace; and
Whereas, Marshall University has been the site of the
Governor's Honors Academy and the Governor's School for the Arts;
and
Whereas, The West Virginia Autism Training Center at Marshall
University serves citizens with autism, their families and their
educators with personal contact in all 55 counties; and
Whereas, Marshall University provides graduate education
statewide with nationally regarded programs such as the AACSB-
accredited MBA program which places it among a small group of
selective and elite universities; and
Whereas, Marshall University's Forensic Science Center has
America's only on-campus certified DNA lab and annually attracts
hundreds of top national scholars who apply to its highly
competitive and selective program; and
Whereas, Marshall University's research capacity has brought
nearly $150 million dollars into the state over the past five
years; and
Whereas, With every dollar the state invests in Marshall
University, the University generates at least $3 spent in West Virginia's economy; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible
Manufacturing at Marshall University provides technology and
training to all 55 counties, delivers expertise to more than 2,500
small, medium and large manufacturers and creates jobs in West
Virginia; and
Whereas, The Joan C. Edwards School of Medicine's health
professionals have provided service to more than 3 million
patients; and
Whereas, The Robert C. Byrd Rural Health Initiative
facilitates the placement of medical school residents in Mingo,
McDowell, Lincoln, Boone and Clay counties, has Marshall-trained
physicians rendering health care in 28 underserved rural
communities and provides clinical services in 52 West Virginia
counties; and
Whereas, Marshall University has trained thousands of West
Virginians to serve as doctors, nurses, therapists and allied
health professionals; and
Whereas, Through its College of Science and the School of
Medicine, Marshall University is building a national reputation for
research in medical, forensics and environmental biotechnology with
more that $100 million in externally funded health care and
biomedical research facilities now under development; therefore, be
it
Resolved by the Senate:
That the Senate hereby designates April 6, 2005, as "Marshall
University Day"; and, be it
Further Resolved, That the Senate hereby recognizes Marshall
University for its tremendous contributions to the State of West
Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Michael J. Farrell, Interim President
of Marshall University.
At the request of Senator Jenkins, 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 Facemyer, Lanham, McCabe, Plymale, Minard, Minear,
Jenkins and Unger offered the following resolution:
Senate Resolution No. 39--Congratulating Sandra Marie Hopkins
on her selection as West Virginia Mother of the Year, 2005.
Whereas, Sandra Marie Hopkins is married to her beloved
husband, Stanley Edward Hopkins, with whom she shares the joy of
their two children, Lisa Marie Wells and Stephen Edward Hopkins;
and
Whereas, Sandra Marie Hopkins is a member of the Calvary
United Methodist Church; and
Whereas, Sandra Marie Hopkins is active in her community and
is a tireless advocate for the disabled, especially children; and
Whereas, Sandra Marie Hopkins, who was sponsored by the GFWC-
WV Women's Club of Ripley, has been selected by the West Virginia
Organization of American Mothers, Inc., as the West Virginia Mother
of the Year, 2005; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates Sandra Marie Hopkins on
her selection as West Virginia Mother of the Year, 2005; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Sandra Marie Hopkins.
At the request of Senator Facemyer, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Facemyer, unanimous consent being granted,
returned to the second order of business and the introduction of
guests.
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 House Bill No. 2368.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 42, Urging Congress provide
domestic energy policy and requesting Joint Committee on Government
and Finance study energy policy for 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. 70, Requesting Division of
Highways name bridge at junction of Route 65 and Route 49 in
Matewan, Mingo County, "Earl Stafford Memorial Bridge".
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. 73, Requesting Division of
Highways name bridge on U. S. Route 119 at Miller's Creek, Mingo
County, "Arnold J. Starr Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
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. 91, Requesting Joint
Committee on Government and Finance direct Legislative Oversight
Commission on Health and Human Resources Accountability study
availability and distribution of long-term care beds in state.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
House Concurrent Resolution No. 19, Requesting the Joint
Committee on Government and Finance study the possible expansion of
in-home family education programs.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 2078, Requiring the spaying or neutering
of certain dogs and cats.
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. 2078) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2128, Authorizing the
Executive Director of the Regional Jail and Correctional Facility
Authority to establish an inmate furlough program.
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. 2128) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2150, Expanding the possible venues where
a child neglect or abuse petition may be filed.
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. 2150) 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. 2368, Increasing the veterinary fee for
each cat and dog vaccinated for rabies.
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. 2466, Eliminate provisions
which created unlawful classifications based on race and to update
obsolete provisions.
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. 2466) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 2466--A Bill to repeal §18-
14-1 of the Code of West Virginia, 1931, as amended; and to amend
and reenact §18-5-32 of said code, relating to education;
eliminating provisions that created unlawful classifications based
on race; deleting an obsolete provision relating to the cooperative
extension service; and removing obsolete language relating to
Bluefield State College.
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. 2477, Relating to exemptions
from execution or other judicial process in consumer credit
transaction or consumer leases.
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. 2477) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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 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. 2527) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2650, Relating to beef industry self-improvement assessment program.
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. 2650) 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. 2650) 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. 2777, Making technical changes concerning
High-Tech research zones, parks and technology centers and tax
incentives relating thereto.
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. 2777) passed.
The following amendment to the title of the bill, from the
Committee on Education, 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. 2777--A Bill to amend and reenact §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, all relating to higher education
and industry partnerships; amending tax incentives for certain
businesses located in the geographic area of a High-Tech research
zone, park or technology center; defining qualified business;
defining qualified state institution of higher education;
designating the particular geographic area comprising the research
zone, park or technology center; updating language to be consistent
with current higher education governance structure; updating other
language; and other technical amendments.
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. 2777) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2837, Prescribing personal finance
instruction in secondary schools by the State Board of Education.
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. 2837) passed.
The following amendment to the title of the bill, from the
Committee on Education, 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. 2837--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-2-7c, relating to directing the State Board of
Education to develop a program of instruction on personal finance that may be integrated into the curriculum in the secondary
schools.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Helmick, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the eighth order of business.
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 third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Barnes and Harrison--2.
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. 2960) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Boley, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Barnes and Harrison--2.
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. 2960) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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 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. 3012) 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. 3012) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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 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. 3219) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 3293, Establishing residential treatment
programs for regional jail inmates who are abusers of alcohol and
other drugs.
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. 3293) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 3357, Streamlined sales and use tax
administration.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley,
Bowman, Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Unger, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Barnes, Deem, Sprouse and Yoder--4.
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. 3357) 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. 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.
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. 2417, Relating to compressed
gas container safe transport.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:
O
n page two, section six-a, line nineteen, by striking out the
words "shall not apply" and inserting in lieu thereof the words
"are not applicable";
And,
On page two, section six-a, line twenty, after the word
"purposes" by inserting the words "or to respiratory health care
products in use by the person operating the vehicle".
The bill (Eng. Com. Sub. for H. B. No. 2417), as amended, was then 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. Com. Sub. for House Bill No. 2669, Authorizing
miscellaneous boards and agencies to promulgate legislative rules.
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:
O
n page five, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That article 9, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO
PROMULGATE LEGISLATIVE RULES.
§64-9-1. Board of Acupuncture.
The legislative rule filed in the State Register on the second
day of September, two thousand three, under the authority of section seven, article thirty-six, chapter thirty of this code,
modified by the Board of Acupuncture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the fourteenth day of October, two thousand four,
relating to the Board of Acupuncture (dispensing of materia medica,
formulary and legend drugs, 32 CSR 2), is disapproved and not
authorized.
§64-9-2. Department of Agriculture.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, under the
authority of section two, article nine, chapter nineteen of this
code, modified by the Department of Agriculture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the nineteenth day of November,
two thousand four, relating to the Department of Agriculture
(animal disease control, 61 CSR 1), is authorized with the
following amendments:
On page twelve, paragraph 6.19.b.C., after the words
"pullorum/typhoid" by changing the period to a semicolon and
inserting the word "and";
And,
On page twelve, paragraph 6.19.b.D., by striking out the
entire paragraph and inserting in lieu thereof the following: a
United States Department of Agriculture Form 9-3 stating that a minimum of 20 birds per flock or the entire flock of 20 birds or
less had a negative test for avian influenza within 10 days prior
to import. The test shall be a NPIP-approved procedure.
(b) The legislative rule filed in the State Register on the
fourth day of August, two thousand four, under the authority of
section three, article two-b, chapter nineteen of this code,
relating to the Department of Agriculture (inspection of meat and
poultry, 61 CSR 16), is authorized.
(c) The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, under the
authority of section three, article fourteen, chapter nineteen of
this code, modified by the Department of Agriculture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-fourth day of November,
two thousand four, relating to the Department of Agriculture
(commercial feed, 61 CSR 5), is authorized.
§64-9-3. Board of Chiropractic Examiners.
The legislative rule filed in the State Register on the
twenty-sixth day of August, two thousand four, under the authority
of section five, article sixteen, chapter thirty of this code,
modified by the Board of Chiropractic Examiners to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the first day of February, two
thousand five, relating to the Board of Chiropractic Examiners (chiropractic practice, 4 CSR 1), is authorized with the following
amendments:
On page two, paragraph 3.1.d.1, after the word "subdivision",
by striking out the reference "3.1.c.2" and inserting in lieu
thereof the reference "3.1.d.3";
On page two, paragraph 3.1.d.3, subparagraph 2, after the
words "set forth in" by striking out the code reference "W. Va.
Code §30-16-6(a)(5)" and inserting in lieu thereof the code
reference "W. Va. Code §30-16-6(b)(5)";
On page seven, subsection 11.2, after the words "The Board" by
striking out the word "my" and inserting in lieu thereof the word
"may";
And,
On page nine, subsection 15.5., by striking out the words
"That upon" and inserting in lieu thereof the word "Upon".
§64-9-4. Contractor Licensing Board.
The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, under the
authority of section five, article eleven, chapter twenty-one of
this code, modified by the Contractor Licensing Board to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-fifth day of January,
two thousand five, relating to the Contractor Licensing Board (West
Virginia Contractor Licensing Act, 28 CSR 2), is authorized with the following amendments:
On page two, subdivision 3.9.a, after the word "five" by
inserting the word "hundred";
On page seven, subdivision 3.30., after the word "repair." by
inserting the words
"A residential contractor is considered
licensed for all crafts required in the construction, repair or
improvement of a residential structure, as that term is defined in
subsection 3.33 of this rule, except those crafts for which local
ordinance or state law other than W. Va. Code §21-11-1, et seq.,
require licensure, such as the electrician's license required by
the Office of the State Fire Marshal under the provisions of W. Va.
Code §29-3b-1, et seq.";
On page fifteen, subdivision 8.1, after the word "person." by
striking out the word "The" and inserting in lieu thereof the words
"After an administrative hearing, as provided for in Section 9 of
this rule, the";
On page fifteen, subdivision 8.1, after the word "license." by
striking out the remainder of the subdivision;
And,
On page fifteen, after subdivision 8.3, by inserting a new
subdivision, designated subdivision 8.4, to read as follows: "The
Board shall, in accordance with Section 9 of this rule, provide for
an administrative hearing before a penalty is assessed."
§64-9-5. Board of Dental Examiners.
(a) The legislative rule filed in the State Register on the
twenty-fifth day of August, two thousand four, under the authority
of section six, article four, chapter thirty of this code, modified
by the Board of Dental Examiners to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the fifteenth day of February, two thousand five,
relating to the Board of Dental Examiners (rule for the Board of
Dental Examiners, 5 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the
twenty-fifth day of August, two thousand four, under the authority
of section one thousand three hundred four, article thirteen,
chapter thirty-one-b of this code, modified by the Board of Dental
Examiners to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the fifteenth
day of February, two thousand five, relating to the Board of Dental
Examiners (formation and approval of professional limited liability
companies, 5 CSR 2), is authorized with the following amendment:
On page one, subsection 3.4., line four, after the words
"filing fee" by inserting the words "of $200" and after the words
"renewal fee" by striking out the words "as set forth in the
Board's fee schedule 5CSR3" and inserting in lieu thereof the words
"of $150".
(c) The legislative rule filed in the State Register on the
twenty-fifth day of August, two thousand four, under the authority of section six, article four, chapter thirty of this code, modified
by the Board of Dental Examiners to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the fifteenth day of February, two thousand five,
relating to the Board of Dental Examiners (formation and approval
of dental corporations, 5 CSR 6), is authorized.
§64-9-6. Family Protection Services Board.
The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, under the
authority of section four hundred four, article twenty-six, chapter
forty-eight of this code, modified by the Family Protection
Services Board to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on the
eighteenth day of February, two thousand five, relating to the
Family Protection Services Board (perpetrator intervention programs
licensure for correctional institutions, 191 CSR 5), is authorized
with the following amendments:
On page eight, subsection 4.6., by striking out the word
"shall" and inserting in lieu thereof the word "may" and after the
word "subdivision" by striking out the letter "d" and inserting in
lieu thereof the letter "c".
§64-9-7. Governor's Committee on Crime, Delinquency and
Correction
.
(a) The legislative rule filed in the State Register on the fifteenth day of June, two thousand four, under the authority of
section three, article twenty-nine, chapter thirty of this code,
modified by the Governor's Committee on Crime, Delinquency and
Correction to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the twenty-
sixth day of July, two thousand four, relating to the Governor's
Committee on Crime, Delinquency and Correction (law-enforcement
training standards, 149 CSR 2), is authorized.
(b) The legislative rule filed in the State Register on the
ninth day of August, two thousand four, under the authority of
section one thousand one hundred two, article twenty-seven, chapter
forty-eight of this code, relating to the Governor's Committee on
Crime, Delinquency and Correction (protocol for law-enforcement
response to domestic violence, 149 CSR 3), is authorized.
(c) The legislative emergency rule filed in the State Register
on the twenty-third day of November, two thousand four, under the
authority of section three, article two, chapter seventeen-g of
this code, relating to the Governor's Committee on Crime,
Delinquency and Correction (motor vehicle stop data collection
standards for the study of racial profiling, 149 CSR 5), is
disapproved and not authorized.
§64-9-8. Hatfield-McCoy Regional Recreation Authority.
The legislative rule filed in the State Register on the eighth
day of April, two thousand four, under the authority of section one, article fourteen, chapter twenty of this code, modified by the
Hatfield-McCoy Regional Recreation Authority to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
State Register on the twenty-fifth day of January, two thousand
five, relating to the Hatfield-McCoy Regional Recreation Authority
(use of facilities, 204 CSR 1), is authorized with the following
amendments:
On page four, after subsection 3.5, by adding a new
subsection, designated subsection 3.6, to read as follows:
"3.6. No person may operate an ATV on any road or highway with
a center line or more than two lanes within the Hatfield-McCoy
enforcement area except for the purpose of crossing the road or
highway at an angle of approximately ninety degrees to the
direction of the highway and at a place where no obstruction
prevents a quick and safe crossing. An ATV operator is permitted
to crossing the road or highway if:
a. The vehicle is brought to a complete stop before crossing
the shoulder or main traveled way of the highway;
b. The operator yields his or her right-of-way to all oncoming
traffic that constitutes an immediate potential hazard; and
c. Both the headlight and taillight are illuminated when the
crossing is made if the vehicle is so equipped.";
On page four, by redesignating subsection 3.6. as subsection
3.7. and by renumbering the remaining subsections accordingly;On page six, after subsection 4.1., by inserting a new
subsection, designated subsection 4.2., to read as follows:
"4.2. No person under the age of eighteen may operate an ATV
without a written statement, signed by the minor's parent or
guardian certifying that:
a. Any machine operated by the minor will be of a model that
is recommended by the manufacturer as appropriate to the minor's
age and size;
b. All rules governing the use of the Area have been reviewed
by the parent or guardian and explained to the minor in sufficient
detail to enable the minor to abide by the rules; and
c. Any minor under the age of sixteen will remain under the
supervision of and within the sight of the parent or guardian at
all times.";
On page six, by redesignating subsection 4.2. as subsection
4.3.;
On page six, by redesignating subsection 4.3. as subsection
4.4. and at the end of the subsection by inserting the following:
"No person may operate an ATV with a passenger under the age of
eighteen unless the operator has, at a minimum, a level two
intermediate driver's license or its equivalent or is eighteen
years of age or older.";
On page six, by redesignating subsection 4.4. as subsection
4.6. and by renumbering the remaining subsections accordingly;
And,
On page seven, subsection 5.2., after the words "When operated
from", by striking out the words "one-half hour after" and after
the words "sunset to" by striking out the words "one-half hour
before".
§64-9-9. Board of Examiners of Land Surveyors.
The legislative rule filed in the State Register on the
seventeenth day of May, two thousand four, under the authority of
section four, article thirteen-a, chapter thirty of this code,
modified by the Board of Examiners of Surveyors to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fourth day of February, two
thousand five, relating to the Board of Examiners of Land Surveyors
(minimum standards for the practice of land surveying in West
Virginia, 23 CSR 1), is authorized with the following amendment:
On page four, by striking out subdivisions 5.3.1. and 5.3.2
and by inserting in lieu thereof two new subdivisions to read as
follows:
"5.3.a. To be eligible for 'retired' status, a licensee must
have an active or inactive license, be at least 62 years of age and
certify that he or she is no longer practicing surveying or
supervising any employees who perform surveying activities in West
Virginia.
5.3.a.1. A licensee on retired status may not affix his or her P.S. seal to any surveying documents.
5.3.a.2. A licensee on retired status is not required to pay
an annual license renewal fee or to complete Professional
Development Hours (PDHs).
5.3.a.3. The Board will issue to each licensee on retired
status a certificate noting the honorific title of 'Professional
Surveyor, Retired'.
5.3.a.4. Before returning to the active practice of surveying
a licensee on retired status must complete delinquent Professional
Development Hours (PDHs) for each year on retired status up to a
maximum of 16 PDHs and must pay the current license renewal fee.
5.3.b. Any licensee may apply for 'inactive' status for a
period of up to one year, ending on June 30.
5.3.b.1. A licensee on inactive status may not provide
surveying services or receive any compensation for any type of
surveying activities conducted in West Virginia.
5.3.b.2. A licensee on inactive status is not required to
complete the required number of Professional Development Hours
(PDHs).
5.3.b.3. A licensee on inactive status is required to pay the
annual license renewal fee and any required late fees accrued for
the license period unless the licensee applies to the Board and is
granted an exemption. A licensee may request an exemption from the
renewal fee if he or she can demonstrate with supporting documentation that during the license year he or she will be
serving on active duty in the Armed Forces of the United States for
a period of more than 120 consecutive days or experiencing physical
disability, illness or other extenuating circumstances.
5.3.b.4. The Board will issue to each licensee who is granted
inactive status an annual license card noting 'Inactive Status'.
5.3.b.5. A licensee on inactive status who elects to return to
the active practice of surveying must complete Professional
Development Hours (PDHs) for each year on inactive status up to a
maximum of 16 PDHs
."
§64-9-10. Board of Examiners of Licensed Practical Nurses.
The legislative rule filed in the State Register on the
eighteenth day of August, two thousand four, under the authority of
section seven-a, article seven-a, chapter thirty of this code,
relating to the Board of Examiners of Licensed Practical Nurses
(fees for services rendered by the Board, 10 CSR 4), is authorized.
§64-9-11. Public Service Commission.
The legislative rule filed in the State Register on the fourth
day of March, two thousand four, under the authority of section
two, article eight, chapter twenty-four of this code, modified by
the Public Service Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the twenty-first day of January, two thousand five,
relating to the Public Service Commission (statewide telephone information and referral 211 service, 150 CSR 29), is authorized.
§64-9-12. Radiologic Technology Board of Examiners.
The legislative rule filed in the State Register on the tenth
day of June, two thousand four, under the authority of section
five, article twenty-three, chapter thirty of this code, modified
by the Radiologic Technology Board of Examiners to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-sixth day of July, two
thousand four, relating to the Radiologic Technology Board of
Examiners (Board rule, 18 CSR 1), is authorized.
§64-9-13. Board of Examiners for Registered Professional Nurses.
The legislative rule filed in the State Register on the
seventeenth day of August, two thousand four, under the authority
of section eight-a, article seven, chapter thirty of this code,
modified by the Board of Examiners for Registered Professional
Nurses to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on the twenty-ninth day
of September, two thousand four, relating to the Board of Examiners
for Registered Professional Nurses (fees for services rendered by
the Board, 19 CSR 12), is authorized with the following amendments:
On page one, subsection 2.9., by striking out the subsection
in its entirety and inserting in lieu thereof the following:
"2.9. Reinstatement of Lapsed License $50.00";
And,
On page two, by striking out subsections 2.23. and 2.24. in
their entirety and inserting in lieu thereof the following:
"2.23. Midwife License $20.00
2.24. Midwife License Renewal $10.00".
§64-9-14. Secretary of State.
The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, authorized under
the authority of section thirteen, article two, chapter three of
this code, relating to the Secretary of State (agencies designated
to provide voter registration services, 153 CSR 28), is authorized.
§64-9-15. Board of Examiners for Speech-Language Pathology and
Audiology.
The legislative rule filed in the State Register on the ninth
day of August, two thousand four, under the authority of section
ten, article thirty-two, chapter thirty of this code, modified by
the Board of Examiners for Speech-Language Pathology and Audiology
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on the thirteenth day
of December, two thousand four, relating to the Board of Examiners
for Speech-Language Pathology and Audiology (speech-language
pathology and audiology assistants, 29 CSR 2), is authorized with
the following amendment:
On page one, subsection 2.5., after the word "licensure" by
inserting the words "and who assumes legal responsibility for services provided by an assistant".
§64-9-16. State Treasurer.
The legislative rule filed in the State Register on the
eighteenth day of August, two thousand four, under the authority of
section six, article three-a, chapter twelve of this code, modified
by the State Treasurer to meet the objections of the Legislative
Rule-Making Review Committee and refiled in the State Register on
the seventh day of February, two thousand five, relating to the
State Treasurer (procedures for fees in collections by charge,
credit or debit card or by electronic payment, 112 CSR 12), is
authorized.
§64-9-17. Board of Veterinary Medicine.
(a) The legislative rule filed in the State Register on the
eleventh day of August, two thousand three, under the authority of
section four, article ten, chapter thirty of this code, modified by
the Board of Veterinary Medicine to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the fourteenth day of June, two thousand four, relating
to the Board of Veterinary Medicine (organization and operation, 26
CSR 1), is authorized with the following amendments:
On page two, subsection 3.4., the last line, by striking out
the words "or upon the written request of any three (3) members of
the Board";
On page two, subsection 3.6., by striking out "$150.00" and inserting in lieu thereof "$100.00";
On page four, subsection 4.7., line four, after the words "not
qualified to take the examination, the" by striking out the word
"Board" and inserting in lieu thereof the words "Secretary-
Treasurer";
On page four, subsection 4.7., after the words "The Board
shall refund" by striking out the words "fifty percent of the";
On page four, subsection 5.4., after the word "The" at the
beginning of the subsection, by striking out the word "Board" and
inserting in lieu thereof the words "Secretary-Treasurer";
And,
On page six, subsection 7.1., after the words "On or" by
striking out the word "about" and inserting in lieu thereof the
word "before".
(b) The legislative rule filed in the State Register on the
eleventh day of August, two thousand three, under the authority of
section nine, article ten-a, chapter thirty of this code, modified
by the Board of Veterinary Medicine to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the fourteenth day of June, two thousand four, relating
to the Board of Veterinary Medicine (certified animal euthanasia
technicians, 26 CSR 5), is authorized.
(c) The legislative rule filed in the State Register on the
ninth day of August, two thousand three, under the authority of section four, article ten, chapter thirty of this code, modified by
the Board of Veterinary Medicine to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the twenty-first day of January, two thousand five,
relating to the Board of Veterinary Medicine (schedule of fees, 26
CSR 6), is authorized with the following amendment:
On page one, by striking out all of subsections 2.1 through
2.8 and inserting in lieu thereof the following:
"2.1 Veterinarian application and examination fee$295.00
2.2 Veterinarian license fee$5.00
2.3 Duplicate license$15.00
2.4 Annual renewal fee$225.00
2.5 Temporary permit$100.00
2.6 Temporary permit renewal fee$25.00
2.7 Written confirmation of licensure, registration or
certification by West Virginia$25.00
2.8 North American Veterinary License Exam (NAVLE)
eligibility processing fee$50.00".
The bill (Eng. Com. Sub. for H. B. No. 2669), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2890, Relating to unlawful
methods of hunting and fishing.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
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.
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. 3051, Relating to defining
certain terms relative to hunting.
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.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 514, Increasing salaries of
certain state officials, justices, circuit judges and family court
judges.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on April 4, 2005;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick requested unanimous consent that the bill
(Com. Sub. for S. B. No. 514) contained in the preceding report
from the Committee on Finance be taken up for immediate
consideration.
Which consent was not granted, Senator Boley objecting.
On motion of Senator Helmick, the bill (Com. Sub. for S. B.
No. 514) contained in the preceding report from the Committee on
Finance was taken up for immediate consideration and read a second
time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page three, section two, line eight, by striking out the
word "twenty-five" and inserting in lieu thereof the word "fifty";
And,
On page five, section six, line nine, by striking out the
words "law master" and inserting in lieu thereof the words "court
judge".
On motion of Senator Chafin, further consideration of the bill
was made a special order of business following an anticipated recess.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Concurrent Resolution No. 93 (originating in the
Committee on Banking and Insurance)--Requesting the Joint Committee
on Government and Finance study the availability and affordability
of homeowners' insurance and commercial property and casualty
insurance.
Whereas, The state's citizens need available and affordable
homeowners' insurance; and
Whereas, In this state and across the nation, property and
casualty insurance has become increasingly more expensive and
difficult to obtain; and
Whereas, Insurers are increasing premiums, declining to write
new policies and declining to renew existing policies; and
Whereas, The availability and affordability of homeowners'
insurance are essential to the functioning of a healthy real estate
market and the ability of the state's citizens to purchase and
protect their homes and possessions; and
Whereas, The affordability and availability of commercial
property and casualty insurance are a concern for businesses and
citizens in West Virginia; and
Whereas, Access to affordable insurance is crucial to the
economic viability of West Virginia's economy; and
Whereas, Businesses in this state have been experiencing
difficulty in obtaining and maintaining insurance coverage; and
Whereas, If present trends continue in West Virginia, there
may be a commercial property and casualty insurance crisis; and
Whereas, A study of the impact of economic forces and
regulation upon these lines of insurance is important to maintain
a stable insurance market in West Virginia and ensure the continued
availability of these lines of coverage; and
Whereas, Following the conclusion of the 2004 regular session
of the seventy-sixth Legislature, a Committee on Insurance
Availability and Affordability was appointed; and
Whereas, The Committee on Insurance Availability and
Affordability was assigned to study the topics of availability of
homeowners' insurance, the use of credit scoring as a means of
setting insurance rates and the affordability and availability of
commercial property and casualty insurance; and
Whereas, The Committee reported to the Joint Committee on
Government and Finance with draft legislation for the 2005 regular
session of the seventy-seventh Legislature and such draft
legislation was introduced and acted upon by the Legislature; and
Whereas, Issues relating to the availability and affordability
of homeowners' insurance and commercial property and casualty insurance remain; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the availability and affordability of
homeowners' insurance and commercial property and casualty
insurance; 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,
Joseph M. Minard,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2329, Authorizing a court to order a defendant to contribute monetarily or through hours of service to
a local crime victim's assistance program.
Eng. Com. Sub. for House Bill No. 2471, Establishing a
financial responsibility program for inmates.
Eng. Com. Sub. for House Bill No. 2929, Relating to the
administration of anesthesia by dentists.
Eng. Com. Sub. for House Bill No. 2986, Relating to the
regulation of selling new or used vehicles, providing for the
comprehensive regulation and licensing of persons who sell new or
used vehicles.
Eng. Com. Sub. for House Bill No. 3010, Providing that the
Commissioner of Corrections may authorize wardens or administrators
to establish imprest funds for transporting inmates.
And,
Eng. House Bill No. 3308, Eliminating the provision that
allowed private clubs segregated on the basis of race or color to
obtain a license to sell alcoholic beverages.
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. H. B. No. 2329, Eng. Com. Sub. for H. B. No. 2471, Eng. Com. Sub. for H. B. No. 2929, Eng. Com. Sub. for H.
B. No. 2986, Eng. Com. Sub. for H. B. No. 3010 and Eng. H. B. No.
3308) 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2369, Authorizing the
superintendent of the West Virginia state police to operate a
voluntary contribution fund for designated beneficiaries of
deceased officers.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2369) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2371, Authorizing
collaborative pharmacy practice agreements between pharmacists and
physicians and specify requirements for the agreements.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2476, Relating generally to
parole and parole proceedings.
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. 2476) 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. Com. Sub. for House Bill No. 2522, Relating to creating
and licensing mini-distilleries.
With an amendment from the Committee on the Judiciary pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on April 1, 2005;
And reports the same back with the recommendation that it do
pass as amended by the Committee on the Judiciary to which the bill
was first referred; and as last amended by the Committee on
Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2522) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On pages six and seven, section three-a, lines twenty-five
through thirty-five, by striking out all of subsection (e) and
inserting in lieu thereof a new subsection (e), all to read as
follows:
(e) Limitations on licensees. -- No mini-distillery may sell
more than three thousand gallons of product at the mini-distillery
location the initial two years of licensure. The mini-distillery
may increase sales at the mini-distillery location by two thousand
gallons following the initial 24-month period of licensure and may
increase sales at the mini-distillery location each subsequent 24-
month period by two thousand gallons, not to exceed ten thousand
gallons a year of total sales at the mini-distillery location. No
licensed mini-distillery may produce more than twenty thousand
gallons per calendar year at the mini-distillery location. No more
than one mini-distillery licence may be issued to a single person
or entity.
The following amendments to the bill (Eng. Com. Sub. for H. B.
No. 2522), from the Committee on Finance, were next reported by the
Clerk, considered simultaneously, and adopted:
On page three, section five-b, line eleven, by striking out
the word "further" and inserting in lieu thereof the word
"however";
On page three, section five-b, line thirteen, by striking out
the words "shall be" and inserting in lieu thereof the word "is";
And,
On page five, section three, line fourteen, by striking out
the word "thereof" and inserting in lieu thereof the words "of the
wine".
The bill (Eng. Com. Sub. for H. B. No. 2522), as amended, was
then ordered to third 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. 2523, Making it a crime for
released inmates to contact correctional employees and requiring
that inmates be advised of such prohibition upon release.
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. 2523) 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. 2663, Relating to digging,
growing, collecting, gathering, possessing and selling ginseng.
With an amendment from the Committee on Agriculture pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as amended by the Committee on Agriculture to which the bill
was first referred; and as last amended by the Committee on the
Judiciary.
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. 2663) 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. 2718, Authorizing the
Department of Commerce 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. 2718) 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. 2866, Providing for continuation of
tuition and fee payments to members after discharge from military
service due to wounds or injuries received in the line of duty.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 2866) contained in the preceding report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. House Bill No. 2937, Relating to the replacement of
individual life insurance policies and annuity contracts.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 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.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on April 5, 2005;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. House Bill No. 3014, Clarifying that mandated accident
and sickness insurance benefits do not apply to limited coverage
policies, unless expressly made applicable to such policies.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 3018, Relating to designation of
Mountaineer Challenge Academy as a special alternative education
program.
With amendments from the Committee on Education pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 3018) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Oliverio, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Eng. Com. Sub. for House Bill No. 3068, Authorizing private
inspectors to conduct annual inspections of elevators in
state-owned buildings while establishing authority for the Division
of Labor to conduct over-site inspections.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Michael A. Oliverio II,
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. 3098, Expanding the prohibitions and
criminal penalties for sexual exploitation or sexual abuse of a
child by a parent, or guardian or custodian to include offenses by
persons who hold a position of trust in relation to a child.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
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. 3153, Establishing the crime of railroad
vandalism.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 3203, Authorizing the closure of certain
existing retirement funds for municipal policemen and firemen and
establishment of a defined contribution plan in lieu thereof.
With amendments from the Committee on Pensions pending;
Now on second reading, having been read a first time and
referred to the Committee on Finance on April 5, 2005;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Pensions to which the bill was
first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 3356, Powers and duties of solid waste
management board.
With amendments from the Committee on the Judiciary pending;
Now on second reading, having been read a first time and
referred to the Committee on Finance on April 4, 2005;
And reports the same back with the recommendation that it do
pass as amended by the Committee on the Judiciary to which the bill was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
House Concurrent Resolution No. 44, Requesting the Joint
Committee on Government and Finance study alternatives to
out-of-state placement of children committed to the care of the
State of West Virginia.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Deem and Chafin.
Thereafter, at the request of Senator Caruth, and by unanimous
consent, the remarks by Senator Deem were ordered printed in the
Appendix to the Journal.
At the request of Senator Kessler, unanimous consent being granted, the remarks by Senator Chafin were ordered printed in the
Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened.
The President then stated that the hour had arrived for the
special order of business, as to
Com. Sub. for Senate Bill No. 514, Increasing salaries of
certain state officials, justices, circuit judges and family court
judges.
Having been read a second time and amended in earlier
proceedings today, and now coming up as a special order, was
reported by the Clerk.
On motions of Senators Bowman and Sprouse, the following
amendment to the bill was next reported by the Clerk:
On page five, section six, lines two and three, by striking
out the word "seventy-five" and inserting in lieu thereof the word
"eighty-eight".
The question being on the adoption of the amendment offered by
Senators Bowman and Sprouse to the bill, the same was put and did
not prevail.
The bill (Com. Sub. for S. B. No. 514), as amended, was then ordered to engrossment and third reading.
Senator Chafin moved that the constitutional rule requiring a
bill to be read on three separate days be suspended.
The roll being taken, the yeas were: Bailey, Bowman, Caruth,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, White and Tomblin
(Mr. President)--26.
The nays were: Barnes, Boley, Harrison, Lanham, Minear, Unger
and Weeks--7.
Absent: Yoder--1.
So, less than four fifths of the members present and voting
having voted in the affirmative, the President declared the motion
to suspend the constitutional rule rejected.
Without objection, the Senate returned to the third order of
business.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, extending
this current legislative session until and including the fifteenth
day of April, two thousand five, which was received and read by the
Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
A P R O C L A M A T I O N
By the Governor
WHEREAS, The Constitution of West Virginia delineates the
respective powers, duties and responsibilities of the three
separate branches of government; and
WHEREAS, Article VI, Section 22 of the Constitution of West
Virginia provides that this regular session of the Legislature not
exceed sixty calendar days computed from and including the second
Wednesday of February; and
WHEREAS, Pursuant to Article VI, Section 22 of the
Constitution of West Virginia, the 2005 regular session of the
Legislature concludes on April 9, 2005; and
WHEREAS, Article VI, Section 51 of the Constitution of West
Virginia sets forth the legal authority of the Governor and the
Legislature relating to the preparation and enactment of the Budget
Bill; and
WHEREAS, Subsection D of said section requires the Governor to
issue a proclamation to extend the regular session of the
Legislature if the Budget Bill shall not have been fully acted upon
by the Legislature three days before the expiration of its regular
session; and
WHEREAS, The Legislature has not finally acted upon the Budget
Bill three days before the expiration of this current regular session of the state Legislature.
NOW, THEREFORE, I, JOE MANCHIN III, GOVERNOR of the State of
West Virginia, do hereby issue this Proclamation, in accordance
with Article VI, Section 51, Subsection D(8) of the Constitution of
West Virginia, extending this regular session of the state
Legislature for consideration of the Budget Bill for a period not
to exceed six days beyond the conclusion of this regular session,
including any extension thereof, under the provisions of Article
VI, Section 22 of the Constitution of West Virginia; but no matters
other than the Budget Bill and a provision for the cost of said
extended session shall be considered during this extension of the
session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, on this the sixth day
of April, in the year of our
Lord, Two Thousand Five, and in
the One Hundred Forty-Second year
of the State.
JOE MANCHIN III,
Governor.
By the Governor:
BETTY IRELAND,
Secretary of State.
Senator Tomblin (Mr. President) then laid before the Senate
the following communication from His Excellency, the Governor,
consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
Charleston
April 4, 2005
Senate Executive Message No. 3
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your
advice and consent:
1.For Member, Center for Nursing Board of Directors, Janice
Maynard, Delbarton, Mingo County, for the term ending June 30,
2008.
2.For Member, Center for Nursing Board of Directors,
Cynthia Persily, Charleston, Kanawha County, for the term ending
June 30, 2008.
3.For Member, Center for Nursing Board of Directors, Pamela
Alderman, Chapmanville, Logan County, for the term ending June 30,
2006.
4.For Member, Center for Nursing Board of Directors, Duane
Napier, Huntington, Cabell County, for the term ending June 30,
2006.
5.For Member, Center for Nursing Board of Directors, Shelia
Kyle, Huntington, Cabell County, for the term ending June 30, 2008.
6.For Member, Center for Nursing Board of Directors, Denise
Campbell, Elkins, Randolph County, for the term ending June 30,
2006.
7.For Member, Center for Nursing Board of Directors, Dottie
Oakes, Morgantown, Monongalia County, for the term ending June 30,
2006.
8.For Member, Center for Nursing Board of Directors, Mary
Beth Barr, Petersburg, Grant County, for the term ending June 30,
2008.
9.For Member, Center for Nursing Board of Directors,
Eugenia Basham, Cool Ridge, Raleigh County, for the term ending
June 30, 2006.
10.For Member, Center for Nursing Board of Directors, Amy
Campbell, Charleston, Kanawha County, for the term ending June 30,
2008.
11.For Member, Center for Nursing Board of Directors, Teresa
Witt, Farmington, Marion County, for the term ending June 30, 2008.
12.For Member, Agricultural Land Protection Authority Board
of Trustees, Gary Foster, Fairmont, Marion County, for the term ending June 30, 2008.
13.For Member, Agricultural Land Protection Authority Board
of Trustees, Bob Baird, Gallipolis Ferry, Mason County, for the
term ending June 30, 2006.
14.For Member, Agricultural Land Protection Authority Board
of Trustees, Rod Graves, Sinks Grove, Monroe County, for the term
ending June 30, 2005.
15.For Member, Agricultural Land Protection Authority Board
of Trustees, Mark Metheny, Morgantown, Monongalia County, for the
term ending June 30, 2006.
16.For Member, Agricultural Land Protection Authority Board
of Trustees, Tim Cottrill, Point Pleasant, Mason County, for the
term ending June 30, 2005.
17.For Member, Education Commission of the States, Nancy
Sturm, Charleston, Kanawha County, to serve at the will and
pleasure of the Governor.
18.For Member, Education Commission of the States, Jay Cole,
Charleston, Kanawha County, to serve at the will and pleasure of
the Governor.
19.For Member, Education Commission of the States, Steve
Paine, Charleston, Kanawha County, to serve at the will and
pleasure of the Governor.
20.For Member, Education Commission of the States, Charles
Polk, Beckley, Raleigh County, to serve at the will and pleasure of the Governor.
21.For Member, Board of Directors of the Clay Center for the
Arts and Sciences, Joyce Allen, Coalton, Randolph County, for the
term ending June 30, 2005.
22.For Member, Board of Directors of the Clay Center for the
Arts and Sciences, Diane Dailey, Martinsburg, Berkeley County, for
the term ending June 30, 2007.
23.For Member, Board of Directors of the Clay Center for the
Arts and Sciences, Bob Shell, Barboursville, Cabell County, for the
term ending June 30, 2007.
24.For Member, Contractor Licensing Board, Gene Thompson,
Nitro, Kanawha County, for the term ending June 30, 2008.
25.For Member, Contractor Licensing Board, Kenneth Tubbs,
Frankford, Greenbrier County, for the term ending June 30, 2008.
26.For Member, Contractor Licensing Board, Randy Ferguson,
Huntington, Cabell County, for the term ending June 30, 2008.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was referred to the Committee on
Confirmations and incorporated with Senate Executive Message No. 3-W and the executive nominations received earlier this session; all
to be considered as a special order of business for Saturday, April
9, 2005, at 11 a.m.
The Senate again proceeded to the fourth order of business.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Resolution No. 29, Urging United States Congress enact
legislation regarding reduction targets for nitrogen oxide, sulphur
dioxide and mercury.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2176, Providing the offense
of intimidating or harassing a judge or magistrate are also
applicable to times when the judge or magistrate are off duty.
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. 2176) 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. 2244, Making the state's criminal and
penalty laws applying to the use and display of beer and alcoholic
beverages in motor vehicles conform to federal law.
Eng. Com. Sub. for House Bill No. 2266, Imposing a one hundred
dollar per year fee for licenses allowing wine sampling events by
wine retailers.
Eng. House Bill No. 3211, Permitting purchasers of motor fuels
upon which federal tax is due to delay payment of reimbursement of
the taxes to the vendor until the day before the payment is due the
Internal Revenue Service.
And,
Eng. House Bill No. 3306, Allowing fees charged for requests for information from the central abuse registry to be used for
criminal record keeping.
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,
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 Engrossed House Bill No. 3211
contained in the foregoing report from the Committee on the
Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, Engrossed House Bill No. 3211 was taken up for immediate
consideration, read a first time and ordered to second reading.
At the request of Senator Kessler, unanimous consent being
granted, the bills (Eng. H. B. No. 2244, Eng. Com. Sub. for H. B.
No. 2266 and Eng. H. B. No. 3306) contained in the preceding report
from the Committee on the Judiciary 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 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. 2456, Ratifying the federal
National Crime Prevention and Privacy Compact.
Eng. House Bill No. 2482, Relating to including jails within
the context of certain criminal acts by incarcerated persons.
Eng. Com. Sub. for House Bill No. 2877, Providing procedure
for removal of county, district or municipal officers.
Eng. House Bill No. 2963, Clarifying the allowance of excess
levy elections at primary elections and to remove language which
conflicts with article ten, section eleven of the West Virginia
Constitution.
Eng. Com. Sub. for House Bill No. 3174, Providing that
expressions of apology, responsibility, sympathy, condolence or a
general sense of benevolence made by a health-care provider to a
patient, shall be inadmissable as evidence of admission of
liability.
And,
Eng. House Bill No. 3340, Excluding certain employment-related
expenses from the definition of gross income for purposes of
determining child support.
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. 2456, Eng. H. B.
No. 2482, Eng. Com. Sub. for H. B. No. 2877, Eng. H. B. No. 2963,
Eng. Com. Sub. for H. B. No. 3174 and Eng. H. B. No. 3340)
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 Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2619, Providing that moneys
from revenues allocated to volunteer and part volunteer fire
companies and departments may be expended for the payment of dues
to national, state and county associations.
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,
Edwin J. Bowman,
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 Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2619) 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. 2723, Authorizing the
Department of Environmental Protection 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. 2723) 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 Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2812, Extending the time for
the Preston County Board of Education to meet as a levying body for
the purpose of presenting a special levy election for the voters in
the county.
And has amended same.
Eng. House Bill No. 3031, Prohibiting unlicensed practice of
landscape architecture.
And has amended same.
And,
Eng. House Bill No. 3361, Relating to the West Virginia Sunset
Law.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 2812, Eng. H. B.
No. 3031 and Eng. H. B. No. 3361) contained in the preceding report from the Committee on Government Organization 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. 2966, Creating a statewide
thoroughbred breeders program.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2966) 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 Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Eng. Com. Sub. for House Bill No. 3023, Raising revenues by assessments and collections on all breeding age sheep and goats to
fund the state's participation in a federal coyote control program.
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,
Larry J. Edgell,
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 Agriculture.
At the request of Senator Edgell, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3023) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 3045, Relating to the creation and
modification of public service districts.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. H. B. No. 3045) contained in the preceding
report from the Committee on Government Organization 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. 3094, Relating to child support and
enforcement.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 3125, Providing for biannual independent
review of the Neighborhood Investment Program and to extend the program until July 1, 2008.
Now on second reading, having been read a first time and
referred to the Committee on Finance on April 5, 2005;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 3160, Authorizing the Consolidated Public
Retirement Board to charge delinquency fees approximating lost
interest or earnings.
Now on second reading, having been read a first time and
referred to the Committee on Finance on April 5, 2005;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 3208, Adjusting the formula
by which the Public Service Commission distributes wireless
enhanced 911 fee revenues to the counties.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3208) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 3328, Changing the name of
the office of emergency services and specifying additional
responsibilities.
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,
Edwin J. Bowman,
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 Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3328) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Eng. House Bill No. 3354, Secretary's authority to assess a
permit fee for well work permit, deep wells, coalbed methane wells
and reclamation fund fees.
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,
William R. Sharpe, Jr.,
Chair.
Senator Helmick, as chair of the Committee on Finance,
requested unanimous consent to dispense with the second committee
reference of the bill contained in the foregoing report from the
Committee on Energy, Industry and Mining.
Which consent was not granted, Senator Deem objecting.
At the request of Senator Sharpe, unanimous consent being
granted, the bill (Eng. H. B. No. 3354) 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
Energy, Industry and Mining 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. 3360, Requiring the IS & C Director to
create and maintain an information systems disaster recovery
system.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
House Concurrent Resolution No. 21, Requesting the Department
of Education to create a position in the Department to coordinate,
oversee and advocate for public school libraries.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
House Concurrent Resolution No. 38, Requesting the executive
departments to establish a coordinated succession planning process
which includes providing opportunities to correct the system-wide
gender pay disparity among state employees.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Harrison, the name of Senator
Harrison was removed as a sponsor of Engrossed Senate Bill No. 622
(Clarifying exemption for property used by certain not-for-profit,
tax-exempt corporations).
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, Thursday, April 7, 2005, at 11 a.m.
____________