(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
FIFTY-EIGHTH DAY
____________
Charleston, W. Va., Thursday, April 7, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Teddy Tackett, Lynn Street
Church of Christ, Parkersburg, West Virginia.
Pending the reading of the Journal of Wednesday, April 6,
2005,
On motion of Senator Guills, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 104, Repealing section of code relating
to working prisoners by county commissions.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect July 1, 2005, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 253, Permitting Insurance Commissioner
waive or reduce penalty for late filing of tax returns.
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 seven, lines seven and eight, by striking
out the words "or otherwise does not warrant the imposition of the
maximum allowable penalty".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 253, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: 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 and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and Yoder--2.
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. 253) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: 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 and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Bailey and Yoder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 253) takes effect July 1, 2005.
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 amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House
of Delegates amendment, as to
Eng. Senate Bill No. 256, Requiring insurance companies inform
policyholders if flood damage not covered.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 256--A Bill to repeal §33-22-2a of the
Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §33-17-6a; and to amend
and reenact §33-22-2 of said code, all relating to flood insurance;
requiring that certain insurance documents include a notice
regarding the absence of flood insurance and the possible
availability of flood insurance from other sources; requiring that
farmer's mutual insurance companies include the notice; and making
technical corrections to citations.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 256, 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 and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Yoder--1.
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. 256) passed with its House of Delegates amended 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 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. 459, Relating to reinsurance and
insolvency liability.
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, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 4. GENERAL PROVISIONS.
§33-4-15. Reinsurance.
(a) For purposes of this section, an "assumption reinsurance
agreement" means any contract which:
(1) Transfers insurance obligations and/or risks of existing
or in-force contracts of insurance from a transferring insurer to
an assuming insurer; and
(2) Is intended to effect a novation of the transferred
contract of insurance with the result that the assuming insurer
becomes directly liable to the policyholders of the transferring
insurer and the transferring insurer's insurance obligations and/or
risks under the contracts are extinguished.
(b) An insurer shall reinsure its risks, or any part thereof,
only in solvent insurers complying with the capital and surplus requirements of section five-b, article three of this chapter.
(c) Credit for reinsurance shall be governed by the provisions
of sections fifteen-a and fifteen-b of this article. Credit shall
not be allowed unless the reinsurance is payable by the assuming
insurer on the basis of the liability of the ceding insurer under
the contracts reinsured without diminution because of the
insolvency of the ceding insurer nor unless under the reinsurance
contract the liability for the reinsurance is assumed by the
assuming insurer or insurers as of the same effective date.
(1) No credit shall be allowed, as an admitted asset or
deduction from liability, to any ceding insurer for reinsurance,
unless the reinsurance contract provides, in substance, that in the
event of the insolvency of the ceding insurer, the reinsurance
shall be payable under a contract reinsured by the assuming insurer
on the basis of reported claims allowed by the liquidation court,
without diminution because of the insolvency of the ceding insurer.
Payments shall be made directly to the ceding insurer or to its
domiciliary liquidator except: (A) where the contract or other
written agreement specifically provides another payee of the
reinsurance in the event of the insolvency of the ceding insurer;
or (B) where the assuming insurer, with the consent of the direct
insured, has assumed the policy obligations of the ceding insurer
as direct obligations of the assuming insurer to the payees under
the policies and in substitution for the obligations of the ceding
insurer to payees.
(2) The reinsurance agreement may provide that the domiciliary liquidator of an insolvent ceding insurer shall give written notice
to the assuming insurer of the pendency of a claim against the
ceding insurer on the contract reinsured within a reasonable time
after the claim is filed in the liquidation proceeding. During the
pendency of the claim, any assuming insurer may investigate the
claim and interpose, at its own expense, in the proceeding where
the claim is to be adjudicated any defenses which it deems
available to the ceding insurer or its liquidator. The expense may
be filed as a claim against the insolvent ceding insurer to the
extent of a proportionate share of the benefit which may accrue to
the ceding insurer solely as a result of the defense undertaken by
the assuming insurer. Where two or more assuming insurers are
involved in the same claim and a majority in interest elect to
interpose a defense to the claim, the expense shall be apportioned
in accordance with the terms of the reinsurance agreement as though
the expense had been incurred by the ceding insurer.
(d) Any licensed insurer may accept reinsurance for the same
kinds of insurance and within the same limits as it is authorized
to transact direct insurance.
(e) A licensed insurer may reinsure all or substantially all
of its risks on property or lives located in West Virginia, or
substantially all of a major class thereof, with another insurer by
an assumption reinsurance agreement: Provided, That the assumption
reinsurance agreement shall not become effective unless filed in
advance with and approved in writing by the Commissioner:
Provided, however, That if a licensed insurer is deemed by the Commissioner to be in hazardous financial condition, as defined in
article thirty-four-a of this chapter, or an administrative or
judicial proceeding has been instituted against it for the purpose
of liquidating, reorganizing or conserving such the insurer, and
the transfer of the contracts of insurance is determined by the
Commissioner to be in the best interest of the policyholders, the
Commissioner may by written order waive the advance filing and
approval required by this section, which such waiver may include a
form of implied consent and adequate notification to the
policyholder of the circumstances requiring the transfer.
(f) The Commissioner shall approve such a reinsurance
agreement within one hundred twenty days after the filing of same
unless he or she finds that it is inequitable to the licensed
insurer, its owners or its policyholders or would substantially
reduce the protection or service to its policyholders. If the
Commissioner does not approve the agreement, he or she shall so
notify the insurer in writing specifying his or her reasons
therefor. If the Commissioner does not disapprove the agreement
within one hundred twenty days, the agreement shall be deemed
approved.
(g) A filing may not be made pursuant to this section unless
the reinsurance agreement is certified under oath by responsible
officers of the reinsurer and the reinsured to contain the entire
agreement between the parties to the reinsurance agreement.
(h) The Commissioner shall promulgate rules and regulations
pursuant to chapter twenty-nine-a of this code for the implementation and administration of the provisions of this section
to include, but not be limited to, the type of assumption
agreements subject to the provisions of this section, their content
and the standards the Commissioner may utilize in reviewing the
agreements.
(i) Any insurer subject to this section is also subject to the
provisions of article thirty-eight of this chapter.
ARTICLE 10. REHABILITATION AND LIQUIDATION.
§33-10-41. Reinsurer's liability.
The amount recoverable by the liquidator from reinsurers may
not be reduced as a result of delinquency proceedings unless the
reinsurance contract provides, in substance, that in the event of
the insolvency of the ceding insurer, the reinsurance shall be
payable under a contract reinsured by the assuming insurer on the
basis of reported claims allowed by the liquidation court, without
diminution because of the insolvency of the ceding insurer. The
payments shall be made directly to the ceding insurer or to its
domiciliary liquidator except: (1) Where the contract or other
written agreement specifically provides another payee of the
reinsurance in the event of the insolvency of the ceding insurer;
or (2) where the assuming insurer, with the consent of the direct
insured, has assumed the policy obligations of the ceding insurer
as direct obligations of the assuming insurer to the payees under
the policies and in substitution for the obligations of the ceding
insurer to the payees.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 459, 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. 459) 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, to take effect from
passage, of
Eng. Senate Bill No. 491, Repealing article establishing
compact for out-of-state parolee supervision.
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. 548, Relating to crime of assault and battery upon Public Service Commission motor carrier
inspectors.
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 five, line sixty-two, after the word "in" by striking
the remainder of the bill and inserting in lieu thereof the
following:
jail for not less than one month nor more than twelve
months, fined the sum of five hundred dollars, or both. If any
person commits a second such offense, he or she is guilty of a
felony and, upon conviction thereof, shall be confined in a
correctional facility for not less than one year nor more than
three years or fined the sum of one thousand dollars or both fined
and confined. Any person who commits a third violation of this
subsection is guilty of a felony and, upon conviction thereof,
shall be confined in a correctional facility not less than two
years nor more than five years or fined not more than two thousand
dollars or both fined and confined.
(d) Assault. -- Any person who unlawfully attempts to commit
a violent injury to the person of a police officer, probation
officer, conservation officer, humane officer, emergency medical
service personnel, firefighter, State Fire Marshal or employee,
Division of Forestry Employee, county correctional employee, state
correctional employee, employee of a mass transportation system,
Public Service Commission motor carrier inspector acting in his or her official capacity, or unlawfully commits an act which places a
police officer, probation officer, conservation officer, humane
officer, emergency medical service personnel, firefighter, Division
of Forestry Employee, county correctional employee or state
correctional employee, employee of a mass transportation system,
Public Service Commission motor carrier inspector acting in his or
her official capacity in reasonable apprehension of immediately
receiving a violent injury, is guilty of a misdemeanor and, upon
conviction thereof, shall be confined in jail for not less than
twenty-four hours nor more than six months, fined not more than two
hundred dollars, or both fined and confined.
(e) For purposes of this section:
(1) "Police officer" means any person employed by the State
Police, any person employed by the state to perform law-enforcement
duties, any person employed by a political subdivision of this
state who is responsible for the prevention or detection of crime
and the enforcement of the penal, traffic or highway laws of this
state or employed as a special police officer as defined in section
forty-one, article three of this chapter.
(2) "Employee of an Urban Mass Transportation System" means
any person employed by an Urban Mass Transportation System as such
is defined in section three, article twenty-seven, chapter eight of
this code or by a system that receives federal transit
administration funding under 49 U. S. C. §5307 or §5311.
(3) "Division of Forestry employee" means an officer, agent,
employee or servant, whether full-time or not, of the Division of Forestry.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 548, 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. 548) 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
that that body had refused to concur in the Senate amendments to
the House of Delegates amendments, and requested the Senate to
recede therefrom, as to
Eng. Senate Bill No. 604, Establishing method for projecting
increase in net enrollment for each school district.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the House of Delegates amendments to the bill and requested the appointment of a committee of conference of three
from each house on the disagreeing votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Plymale, Unger and Facemyer.
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 passage of
Eng. Senate Bill No. 657, Providing exemption to time limit
for filing petition to appeal decision of Tax Commission.
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. 692, Removing provision certain municipal
officers required to have paid real or property taxes prior to
election.
A message from The Clerk of the House of Delegates announced
that that body had refused to recede from its amendment to the
Senate amendment, and requested the appointment of a committee of
conference of three from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 2492, Providing a funding
mechanism for teen court programs.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Long, Brown and Howard.
On motion of Senator Chafin, the Senate agreed to the
appointment of a conference committee on the bill.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Hunter, Foster and Barnes.
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
that that body had agreed to the changed effective date to take
effect July 1, 2005, of
Eng. House Bill No. 3105, Creating a special revenue fund for
the provision of occupational safety and health initiatives.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 52--Requesting the West
Virginia Division of Highways to name the bridge on I-64 at the
intersection of Rt. 219 in Lewisburg, Greenbrier County, West
Virginia, the "Gary Wayne Martini Memorial Bridge".
Whereas, Gary Wayne Martini, the son of William Lee Martini
and the late Ann Aldridge Martini Humphrey, was born in Lexington,
Virginia, on September 21, 1948, and moved at an early age to
Greenbrier County, West Virginia, with his family; and
Whereas, Gary Wayne Martini was raised on Germany Road near
Frankford, West Virginia, and attended Greenbrier County schools in Frankford; and
Whereas, Private First Class Gary Wayne Martini was killed in
hostile action on April 21, 1967, at Binh Son, Republic of Vietnam,
while serving with the U. S. Marine Corps, Company F, 2d Battalion,
1st Marines, 1st Marine Division; and
Whereas, Private First Class Gary Wayne Martini was awarded
the Congressional Medal of Honor, posthumously, for his heroic
actions on the field of battle, which are duly chronicled in this
Medal of Honor Citation:
"For conspicuous gallantry and intrepidity at the risk of his
life above and beyond the call of duty. On the 21st of April 1967,
during Operation UNION elements of Company F, conducting offensive
operations at Binh Son, encountered a firmly entrenched enemy force
and immediately deployed to engage them. The Marines in Pfc.
Martini's platoon assaulted across an open rice paddy to within 20
meters of the enemy trench line where they were suddenly struck by
hand grenades, intense small arms, automatic weapons and mortar
fire. The enemy onslaught killed 14 and wounded 18 Marines,
pinning the remainder of the platoon down behind a low paddy dike.
In the face of imminent danger, Pfc. Martini immediately crawled
over the dike to a forward open area within 15 meters of the enemy
position where, continuously exposed to the hostile fire, he hurled
hand grenades, killing several of the enemy. Crawling back through
the intense fire, he rejoined his platoon which had moved to the
relative safety of a trench line. From this position he observed
several of his wounded comrades lying helpless in the fire-swept paddy. Although he knew that one man had been killed attempting to
assist the wounded, Pfc. Martini raced through the open area and
dragged a comrade back to a friendly position. In spite of a
serious wound received during this first daring rescue, he again
braved the unrelenting fury of the enemy fire to aid another
companion lying wounded only 20 meters in front of the enemy trench
line. As he reached the fallen Marine, he received a mortal wound,
but disregarding his own condition, he began to drag the Marine
toward his platoon's position. Observing men from his unit
attempting to leave the security of their position to aid him,
concerned only for their safety, he called to them to remain under
cover, and through a final supreme effort, moved his injured
comrade to where he could be pulled to safety, before he fell,
succumbing to his wounds. Stouthearted and indomitable, Pfc.
Martini unhesitatingly yielded his life to save two of his comrades
and ensure the safety of the remainder of his platoon. His
outstanding courage, valiant fighting spirit and selfless devotion
to duty reflected the highest credit upon himself, the Marine
Corps, and the U. S. Naval Service. He gallantly gave his life for
his country."; and
Whereas, Gary Wayne Martini gave the last full measure of
devotion to his country and to his comrades-in-arms, sacrificing
his own life to save the lives of his fellow soldiers; and
Whereas, Gary Wayne Martini is truly deserving of a fitting
tribute in his home state of West Virginia to memorialize his
heroic actions and supreme sacrifice; and
Whereas, The bridge on I-64 at the intersection of Rt. 219 is
an appropriate edifice to honor this fallen hero, for Gary Wayne
Martini lays peacefully resting in Rosewood Cemetery only a quarter
of a mile from the bridge; and
Whereas, This bridge shall henceforth stand as a permanent
memorial to Gary Wayne Martini so that his indomitable courage and
selfless heroism will never be forgotten, for as it has been so
eloquently stated, "Poor is a nation who has no heroes; shameful is
a nation who has, and forgets them."; therefore, be it
Resolved by the Legislature of West Virginia:
That the members of the Legislature hereby request the West
Virginia Division of Highways to name the bridge located on I-64 at
the intersection of Rt. 219 in Lewisburg, Greenbrier County, West
Virginia, the "Gary Wayne Martini Memorial Bridge"; and, be it
Further Resolved, That the West Virginia Division of Highways
erect a sign at both ends of the bridge displaying the name of the
bridge and designating that Gary Wayne Martini is a recipient of
the Congressional Medal of Honor; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways, to Gary Wayne Martini's father,
William Lee Martini, and to other surviving members of his family.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 76--Requesting that the Joint
Committee on Government and Finance study the state minimum wage
amount and its effects on government programs and the state
economy.
Whereas, The state minimum wage law has not been amended since
the year 1997; and
Whereas, The state has generally raised its minimum wage
amount at the same time as the federal government; and
Whereas, Several other states have increased their minimum
wage amount above the amount federal law allows; and
Whereas, Raising the minimum wage amount in this state will
help the citizens of this state earn more; and
Whereas, Raising the minimum wage amount in this state may
help many citizens of this state end their dependency on state or
federal poverty assistance and at the same time may create a burden
on certain small businesses in the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is
requested to study the impact that increasing the minimum wage and
the way wages are set generally in this state and the impact this
has on government programs and the state economy and the number of
jobs available; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report on its findings, conclusions and recommendations,
together with drafts of any legislation necessary to effectuate its recommendations, to the next regular session of the Legislature;
and, be it
Further Resolved, That the expenses necessary to carry out its
duties, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 78--Requesting the Joint
Committee on Government and Finance study the awarding of state
contracts, loans, grants and industrial revenue bonds to companies
outsourcing certain jobs.
Whereas, In recent years, a number of companies have replaced
highly skilled workers from this state with lower-paid, foreign
laborers, a practice known as outsourcing; and
Whereas, In many cases, the impetus for the outsourcing is
pressure from domestic and foreign capital venture companies that
see foreign labor as a way of increasing their already significant
profits; and
Whereas, The preservation of jobs in this state is of critical
importance to the economic vitality of the state and the local
communities within the state; and
Whereas, The economic dislocation caused by outsourcing jobs
threatens the health, safety and welfare of the people of this state; and
Whereas, A company that engages in outsourcing should not
enjoy the benefits of a lucrative state or local procurement
contract and should be prohibited from receiving any economic
development assistance or subsidies from state or local government;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the awarding of state contracts, loans, grants
and industrial revenue bonds to companies outsourcing certain jobs;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
Com. Sub. for House Concurrent Resolution No. 79--Requesting
the Joint Committee on Government and Finance to study the increasing drug problem in West Virginia, drug use among juveniles,
criminal penalties related to drug use, treatment options and how
the state can cooperate with other states, specifically in the
border counties.
Whereas, There were 2,060 state and local arrests for drug
abuse violations in West Virginia during 2003; and
Whereas, During 2002, the West Virginia Division of Criminal
Justice Services funded one statewide and fifteen regional Drug and
Violent Crime Control task forces. These task forces made 983
arrests for drug-related activity in 2002. The arrests resulted in
1,465 offenses charged to adults and 22 offenses charged to
juveniles (some arrests involved more than one offense); and
Whereas, Approximately 55 percent of West Virginia 12th
graders surveyed in 2003 reported using marijuana at least once
during their lifetime; and
Whereas, Powder and crack cocaine are widely available in most
West Virginia cities. Abuse of crack is usually restricted to low
and low-middle income individuals, but crosses all ethnic lines;
and
Whereas, The border counties in the northern panhandle are
facing an influx of heroin; and
Whereas, Marijuana is the most widely available and commonly
used drug in West Virginia. The state consistently ranks in the
top ten states for marijuana eradication and commonly serves as a
source area for domestic marijuana; and
Whereas, Methamphetamine has become an increasing drug threat to West Virginia; and
Whereas, Demand for MDMA (ecstasy) in West Virginia has
increased, but abuse remains concentrated near Morgantown, which is
the location of West Virginia University. The demand for MDMA in
college towns is large enough to bring thousands of pills into the
state every month. The state's remote terrain also makes it
suitable to host "rave" parties; and
Whereas, West Virginia was one of the first areas in the
United States to experience widely publicized problems with
oxycodone diversion and abuse. Pharmaceutical drug abuse in
general has always been an enormous concern in West Virginia,
particularly in the southern region; and
Whereas, In 2000, the U. S. Drug Enforcement Administration
reported there were a total of 145 methamphetamine lab seizures,
including labs and dump sites in West Virginia and its bordering
states; and
Whereas, There exists no coordinated national response to the
methamphetamine (meth) issues faced by states. The United States
currently lacks a centralized clearinghouse for meth-related
information; and
Whereas, Currently there exists no centralized dedicated
stream of funding for states to access for assisting in countering
the criminal, health, social and environmental effects of meth; and
Whereas, Law-enforcement officials are faced with increasing
challenges as meth and meth production shift from state to state as
laws vary across the region; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the increasing drug problem in West Virginia,
drug use among juveniles, criminal penalties related to drug use,
treatment options and how this state can cooperate with other
states, specifically in the border counties; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report on its findings, conclusions and recommendations,
together with drafts of any legislation necessary to effectuate its
recommendations, to the next regular session of the Legislature;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 72, Honoring families of West
Virginia soldiers who have made ultimate sacrifice to our state and
nation by presentation of "Mountaineer Freedom Medal".
And,
House Concurrent Resolution No. 46, Recognizing and
acknowledging Vietnam Veterans Recognition Week.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Jon Blair Hunter,
Chair.
At the request of Senator Hunter, unanimous consent being
granted, Senate Concurrent Resolution No. 72 contained in the
preceding report from the Committee on Military was taken up for
immediate consideration.
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.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 81, Requesting Joint
Committee on Government and Finance study Massage Therapy Licensure
Board.
Senate Concurrent Resolution No. 87, Requesting Joint
Committee on Government and Finance study cost of operating
regional jails.
And,
House Concurrent Resolution No. 59, Requesting the Joint
Committee on Government and Finance direct the Legislature to study
the concept of including clinic-based health care as a prepaid limited health service.
And reports the same back with the recommendation that
they
each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
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. 2271, Relating to the payment of expert
fees in child abuse and neglect cases.
Now on second reading, having been read a first time and
referred to the Committee on Finance on April 6, 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. 2334, Relating to limiting
child out-of-state placements.
With an amendment 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 6, 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 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. 2578, Increasing the ratios
of professional and service personnel to students in net
enrollment.
With amendments from the Committee on Education pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Education to which the bill was
first referred.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2578) 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. House Bill No. 2782, Increasing the number of members a
municipality may appoint to a board of park and recreation
commission from not less than three to not more than seven.
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. 2782) 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 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. 3016, Excepting the making of appointments
by secretaries of licensed real estate brokers and salespersons
with buyers and sellers of real estate from the scope of practice
of real estate brokerage subject to licensing.
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,
Edwin J. Bowman,
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 Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. H. B. No. 3016) 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. 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;
Now on second reading, having been read a first time and
referred to the Committee on Finance on April 6, 2005;
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.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
Senator Unger offered the following resolution:
Senate Resolution No. 40--
Recognizing the West Virginia
Chemical, Biological, Radiological, Nuclear and High Yield
Explosive Enhanced Response Force (CERFP) Team.
Whereas, The West Virginia CERFP Team, comprised of two Air
Force and 11 Army Guard Units throughout the State of West
Virginia, came together as one cohesive response unit in only five
months; and
Whereas, The West Virginia CERFP Team received an outstanding
score of 99 percent on its final evaluation by the First Army, WMD
Division, and has been recognized throughout the country as a
leader among Weapons of Mass Destruction Response Teams; and
Whereas, In 2005, the West Virginia CERFP Team was activated
in support of both the inauguration of West Virginia Governor Joe
Manchin III and the inauguration of President George W. Bush; and
Whereas, The members of the West Virginia CERFP Team continue
to protect the citizens of our state and nation and maintain a
state of readiness to respond; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the West Virginia Chemical,
Biological, Radiological, Nuclear and High Yield Explosive Enhanced
Response Force (CERFP) Team; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the members of the West Virginia CERFP
Team.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Boley, unanimous consent being granted,
returned to the second order of business and the introduction of
guests.
The Senate again proceeded to the sixth order of business.
Senators Weeks, McKenzie, Sprouse, Harrison, McCabe, Foster,
Yoder, Jenkins and Fanning offered the following resolution:
Senate Resolution No. 41--
Recognizing the achievements of the
late John J. Young, Jr., educator and renowned rail photographer.
Whereas, John J. Young, Jr., was born in Wheeling, Ohio
County; and
Whereas, John J. Young, Jr., worked for both Wheeling Mold and
Foundry and the Wheeling & Lake Erie Railroad. In 1959, he moved
to Binghamton, New York, and worked for Stickley Sivers Photo.
Later, he worked in the audiovisual department at Broome Technical
Community College; and
Whereas, John J. Young, Jr., had an exceptional relationship
with students and later became the student advisor for the BTCC
Student Government. He initiated a camera club on campus and taught students the art of photography. The formation of the
camera club brought about the creation of photography classes, also
taught by John J. Young, Jr., which are now part of Broome
Technical Community College's communications curriculum; and
Whereas, John J. Young, Jr., retired from Broome Technical
Community College in 1995 and returned to his beloved West
Virginia; and
Whereas, John J. Young, Jr., gained prominence in photography
and is one of the world's most renowned rail photographers, with
his photographs being published worldwide; and
Whereas, Sadly, John J. Young, Jr., passed away on November
27, 2004, leaving behind his beloved wife Elizabeth, five children
and their spouses and several grandchildren and great-
grandchildren; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the achievements of the late
John J. Young, Jr., educator and renowned rail photographer; and,
be it
Further Resolved, That the Senate express its pride at the
accomplishments of John J. Young, Jr., a native West Virginian;
and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of the late John J. Young,
Jr.
At the request of Senator Weeks, 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.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had removed from the
Senate third reading calendar, Engrossed Committee Substitute for
House Bill No. 2296, Engrossed Committee Substitute for House Bill
No. 2890 and Engrossed House Bill No. 2990; and from the Senate
second reading calendar, Engrossed House Bill No. 2329, Engrossed
Committee Substitute for House Bill No. 2369, Engrossed Committee
Substitute for House Bill No. 2456, Engrossed Committee Substitute
for House Bill No. 2471, Engrossed House Bill No. 2482, Engrossed
Committee Substitute for House Bill No. 2501, Engrossed Committee
Substitute for House Bill No. 2619, Engrossed Committee Substitute
for House Bill No. 2877, Engrossed Committee Substitute for House
Bill No. 2929, Engrossed House Bill No. 2963, Engrossed Committee
Substitute for House Bill No. 2986, Engrossed House Bill No. 2989,
Engrossed Committee Substitute for House Bill No. 3010, Engrossed
Committee Substitute for House Bill No. 3023, Engrossed House Bill
No. 3045, Engrossed House Bill No. 3125, Engrossed House Bill No.
3160, Engrossed Committee Substitute for House Bill No. 3174,
Engrossed House Bill No. 3211, Engrossed House Bill No. 3308 and
Engrossed House Bill No. 3340.
Senator Chafin also announced that in the same meeting, the Committee on Rules had returned to the Senate Calendar, on second
reading, Engrossed House Bill No. 3281, under rule number seventeen
of the Rules of the Senate.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 93, Requesting Joint
Committee and Government and Finance study homeowners' and
commercial property and casualty insurance.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Resolution No. 29, Urging United States Congress enact
legislation regarding reduction targets for nitrogen oxide, sulphur
dioxide and mercury.
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.
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.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 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.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 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.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 514, Increasing salaries of
certain state officials, justices, circuit judges and family court
judges.
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, Bowman,
Caruth, Chafin, Deem, Dempsey, Edgell, Fanning, Foster, Guills,
Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie,
Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White,
Yoder and Tomblin (Mr. President)--28.
The nays were: Barnes, Boley, Facemyer, Harrison, Minear and
Weeks--6.
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 S. B. No. 514) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Bowman, Caruth,
Chafin, Deem, Dempsey, Edgell, Fanning, Foster, Guills, Helmick,
Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard,
Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, White, Yoder
and Tomblin (Mr. President)--28.
The nays were: Barnes, Boley, Facemyer, Harrison, Minear and
Weeks--6.
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 S. B. No. 514) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2296, Increasing service of
process fees and providing that the fees collected be deposited in
the West Virginia deputy sheriff retirement fund.
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. 2417, Relating to compressed
gas container safe transport.
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. 2417) 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. 2522, Relating to creating
and licensing mini-distilleries.
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, Helmick, Hunter, Jenkins, Kessler, Lanham,
Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: Harrison--1.
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. 2522) 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. 2669, Authorizing
miscellaneous boards and agencies to promulgate legislative rules.
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. 2669) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
On pages one through five, by striking out the title and
substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 2669--A Bill
to amend and
reenact article 9, chapter 64 of the code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules
by various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the
Legislature; disapproving the promulgation of certain legislative
rules; disapproving the promulgation of a legislative rule by the
Board of Acupuncture relating to the dispensing of materia medica, formulary and legend drugs; authorizing Department of Agriculture
to promulgate a legislative rule relating to animal disease
control; authorizing Department of Agriculture to promulgate a
legislative rule relating to the inspection of meat and poultry;
authorizing Department of Agriculture to promulgate a legislative
rule relating to commercial feed; authorizing Board of Chiropractic
Examiners to promulgate a legislative rule relating to the
chiropractic practice; authorizing Contractor Licensing Board to
promulgate a legislative rule relating to the West Virginia
Contractor Licensing Act; authorizing Board of Dental Examiners to
promulgate a legislative rule relating to the Board; authorizing
Board of Dental Examiners to promulgate a legislative rule relating
to the formation and approval of professional limited liability
companies; authorizing Board of Dental Examiners to promulgate a
legislative rule relating to fees; authorizing Board of Dental
Examiners to promulgate a legislative rule relating to the
formation and approval of dental corporations; authorizing Family
Protection Services Board to promulgate a legislative rule relating
to perpetrator intervention programs licensure for correctional
institutions; authorizing Governor's Committee on Crime,
Delinquency and Correction to promulgate a legislative rule
relating to law-enforcement training standards; authorizing
Governor's Committee on Crime, Delinquency and Correction to
promulgate a legislative rule relating to the protocol for law-
enforcement response to domestic violence; disapproving the
promulgation of a legislative rule by the Governor's Committee on Crime, Delinquency and Correction
relating to motor vehicle stop
data collection standards for the study of racial profiling;
authorizing Hatfield-McCoy Regional Recreation Authority to
promulgate a legislative rule relating to use of facilities;
authorizing Board of Professional Surveyors to promulgate a
legislative rule relating to minimum standards for the practice of
land surveying in West Virginia; authorizing Board of Examiners for
Licensed Practical Nurses to promulgate a legislative rule relating
to fees for services rendered by the Board; authorizing Public
Service Commission to promulgate a legislative rule relating to
statewide telephone information and referral 211 service;
authorizing Radiologic Technology Board of Examiners to promulgate
a legislative rule relating to the Board; authorizing Board of
Examiners for Registered Professional Nurses to promulgate a
legislative rule relating to fees for services rendered by the
Board; authorizing Secretary of State to promulgate a legislative
rule relating to agencies designated to provide voter registration
services; authorizing Board of Examiners for Speech-Language
Pathology and Audiology to promulgate a legislative rule relating
to speech-language pathology and audiology assistants; authorizing
State Treasurer to promulgate a legislative rule relating to
procedures for fees in collections by charge, credit or debit card
or by electronic payment; authorizing Board of Veterinary Medicine
to promulgate a legislative rule relating to organization and
operation; authorizing Board of Veterinary Medicine to promulgate
a legislative rule relating to certified animal euthanasia technicians; and authorizing Board of Veterinary Medicine to
promulgate a legislative rule relating to a schedule of fees.
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. 2669) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2890, Relating to unlawful
methods of hunting and fishing.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
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.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
The Senate proceeded to the ninth order of business.
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.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
section and inserting in lieu thereof the following:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-27. Intimidation of and retaliation against public officials
and employees, jurors and witnesses; fraudulent official
proceedings and legal processes against public officials and
employees; penalties.
(a) Definitions. -- As used in this section:
(1) "Fraudulent" means not legally issued or sanctioned under
the laws of this state or of the United States, including forged,
false and materially misstated;
(2) "Harassment means conduct directed at a specific person
which would cause a reasonable person to be seriously alarmed and
which, in fact, seriously alarms the subject of the behavior.
(2) (3) "Legal process" means an action, appeal, document
instrument or other writing issued, filed or recorded to pursue a
claim against person or property, exercise jurisdiction, enforce a
judgment, fine a person, put a lien on property, authorize a search
and seizure, arrest a person, incarcerate a person or direct a person to appear, perform or refrain from performing a specified
act. "Legal process" includes, but is not limited to, a complaint,
decree, demand, indictment, injunction, judgment, lien, motion,
notice, order, petition, pleading, sentence, subpoena, summons,
warrant or writ;
(3) (4) "Official proceeding" means a proceeding involving a
legal process or other process of a tribunal of this state or of
the United States;
(4) (5) "Person" means an individual, group, association,
corporation or any other entity;
(5) (6) "Public official or employee" means an elected or
appointed official or employee of a state or federal court,
commission, department, agency, political subdivision or any
governmental instrumentality;
(6) (7) "Recorder" means a clerk or other employee in charge
of recording instruments in a court, commission or other tribunal
of this state or of the United States; and
(7) (8) "Tribunal" means a court or other judicial or
quasi-judicial entity or an administrative, legislative or
executive body, or that of a political subdivision, created or
authorized under the constitution or laws of this state or of the
United States.
(b) Intimidation; harassment. -- It is unlawful for a person
to use intimidation, physical force or the threat thereof,
harassment or a fraudulent legal process or official proceeding, or
to threaten or attempt to do so, with the intent to:
(1) Impede or obstruct a public official or employee from
performing his or her official duties;
(2) Impede or obstruct a juror or witness from performing his
or her official duties in an official proceeding;
(3) Influence, delay or prevent the testimony of any person in
an official proceeding; or
(4) Cause or induce a person to: (A) Withhold testimony or
withhold a record, document or other object from an official
proceeding; (B) alter, destroy, mutilate or conceal a record,
document or other object impairing its integrity or availability
for use in an official proceeding; (C) evade an official proceeding
summoning a person to appear as a witness or produce a record,
document or other object for an official proceeding; or (D) be
absent from an official proceeding to which such person has been
summoned; or
(5) Harass or intimidate a public official or employee based,
in whole or in part, due to his or her official position or
employment, regardless of whether or not the harassment or
intimidation occurs during work hours.
(c) Retaliation. -- It is unlawful for a person to cause
injury or loss to person or property, or to threaten or attempt to
do so, with the intent to:
(1) Retaliate against a public official or employee for the
performance or nonperformance of an official duty;
(2) Retaliate against a juror or witness for performing his or
her official duties in an official proceeding;
(3) Retaliate against any other person for attending,
testifying or participating in an official proceeding, or for the
production of any record, document or other object produced by a
person in an official proceeding.
(d) Subsection (b) offense. -- A person who is convicted of an
offense under subsection (b) of this section is guilty of a
misdemeanor and shall be confined in jail for not more than one
year or fined not more than one thousand dollars, or both.
(e) Subsection (c) or subsequent offense. -- A person
convicted of an offense under subsection (c) of this section or a
second offense under subsection (b) of this section is guilty of a
felony and shall be confined in the penitentiary state correctional
facility not less than one nor more than ten years or fined not
more than two thousand dollars, or both.
(f) Civil cause of action. -- A person who violates this
section is liable in a civil action to any person harmed by the
violation for injury or loss to person or property incurred as a
result of the commission of the offense and for reasonable
attorney's fees, court costs and other expenses incurred as a
result of prosecuting a civil action commenced under this
subsection, which is not the exclusive remedy of a person who
suffers injury or loss to person or property as a result of a
violation of this section.
(g) Civil sanctions. -- In addition to the criminal and civil
penalties set forth in this section, any fraudulent official
proceeding or legal process brought in a tribunal of this State in violation of this section shall be dismissed by the tribunal and
the person may be ordered to reimburse the aggravated person for
reasonable attorney's fees, court costs and other expenses incurred
in defending or dismissing such the action.
(1) Refusal to record. -- A recorder may refuse to record a
clearly fraudulent lien or other legal process against a public
official or employee or his or her property. The recorder does not
have a duty to inspect or investigate whether a lien or other legal
process is fraudulent nor is the recorder liable for refusing to
record a lien or other legal process that the recorder believes is
in violation of this section.
(2) If a fraudulent lien or other legal process against a
public official or employee or his or her property is recorded
then:
(A) Request to release lien. -- The public official or
employee may send a written request by certified mail to the person
who filed the fraudulent lien or legal process, requesting the
person to release or dismiss the lien or legal process. If such
the lien or legal process is not properly released or dismissed
within twenty-one days, then it shall be inferred that the person
intended to harass the public official or employee in violation of
subsection (b) of this section and shall be subject to the criminal
penalties in subsection (d) of this section and any other remedies
provided for in this section; or
(B) Notice of fraudulent lien. -- A government attorney on
behalf of the public official or employee may record a notice of fraudulent lien or legal process with the recorder who accepted the
lien or legal process for filing. Such The notice shall invalidate
the fraudulent lien or legal process and cause it to be removed
from the records. No filing fee shall be charged for the filing of
the notice.
(h) A person's lack of belief in the jurisdiction or authority
of this state or of the United States is no defense to prosecution
of a civil or criminal action under this section.
(i) (1) Nothing in this section prohibits, or in any way
limits, the lawful acts of legitimate public officials or
employees.
(2) Nothing in this section prohibits, or in any way limits,
a person's lawful and legitimate right to freely assemble, express
opinions or designate group affiliation.
(3) Nothing in this section prohibits, or in any way limits,
a person's lawful and legitimate access to a tribunal of this state
or prevents a person from instituting or responding to a lawful
action.
The bill (Eng. Com. Sub. for H. B. No. 2176), as amended, was
then ordered to third reading.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2456, Ratifying the federal
National Crime Prevention and Privacy Compact.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2471, Establishing a
financial responsibility program for inmates.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2476, Relating generally to
parole and parole proceedings.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page five, section nineteen, lines sixty-seven through
seventy-one, by striking out the following: Any person having been
released on parole three times and subsequently had his or her
parole revoked for violations of any term or condition of parole
shall serve the remainder of his or her sentence and is not
eligible for further release on parole.
The bill (Eng. Com. Sub. for H. B. No. 2476), as amended, was then ordered to third reading.
Eng. House Bill No. 2482, Relating to including jails within
the context of certain criminal acts by incarcerated persons.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
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.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-10-32, to read as
follows:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-32. Unlawful contact with a Division of Corrections'
employee or member of the parole board; penalty.
(a) It shall be unlawful for a former inmate of the Division of Corrections to make a telephone call to a Division of
Corrections' employee or member of the parole board when the
employee has requested in writing to that former inmate that he or
she not call and the former inmate has actually been served with a
copy of the written request.
(b) It shall be unlawful for a former inmate of the Division
of Corrections to willfully and repeatedly follow a Division of
Corrections' employee or member of the parole board with whom he or
she seeks to establish a personal or social relationship when the
Division of Corrections' employee or member of the parole board has
expressed to the former inmate that he or she wishes not to have
contact with the former inmate.
(c) It shall be unlawful for a former inmate of the Division
of Corrections to harass or make credible threats against a
Division of Corrections' employee or member of the parole board.
(d) Any offense committed under subsection (a) of this section
may be deemed to have occurred at the place at which the telephone
call was made or the place at which the telephone call was
received.
(e) Any person who violates any provision of this section
shall be guilty of a misdemeanor and, upon conviction thereof,
shall, for a first offense, be fined not more than five hundred
dollars. Any person violating this section for a second offense
shall be imprisoned not less than ten days nor more than six
months, or both fined and imprisoned.
(f) For purposes of this section:
(1) "Harass" means willful conduct directed at a specific
person or persons which would cause a reasonable person mental
injury or emotional distress;
(2) "Credible threat" means a threat of bodily injury made
with apparent ability to carry out the threat and with the result
that a reasonable person would believe that the threat would be
carried out;
(3) "Bodily injury" means substantial physical pain, illness
or any impairment of physical condition;
(4) "Immediate family" means a spouse, parent, stepparent,
mother-in-law, father-in-law, child, stepchild, sibling or any
person who regularly resides in the household or within the prior
six months regularly resided in the household.
(g) Upon conviction, the court may issue an order restraining
the defendant from any contact with the victim for a period not to
exceed ten years. The length of any restraining order shall be
based upon the seriousness of the violation before the court, the
probability of future violations and the safety of the victim or
his immediate family. The duration of the restraining order may be
longer than five years only in cases when a longer duration is
necessary to protect the safety of the victim or his or her
immediate family.
(h) It is a condition of bond for any person accused of the
offense described in this section that the person is to have no
contact, direct or indirect, verbal or physical with the alleged
victim.
The bill (Eng. Com. Sub. for H. B. No. 2523), as amended, was
then ordered to third reading.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2663, Relating to digging,
growing, collecting, gathering, possessing and selling ginseng.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Agriculture, were reported by the Clerk, considered simultaneously,
and adopted:
On page twenty, section three-a, line two hundred ninety-
eight, by striking out the words "imprisoned in jail" and inserting
in lieu thereof the words "confined in a correctional facility".
The following amendment to the bill, from the Committee on the
Judiciary, was next reported by the Clerk and adopted:
On page sixteen, section three-a, line two hundred twenty-two,
by striking out all of paragraph (ii);
And,
By renumbering the remaining paragraphs.
The bill (Eng. Com. Sub. for H. B. No. 2663), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2718, Authorizing the
Department of Commerce 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:
On page three, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That article 10, chapter 64 of the Code of West Virginia,
1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.
§64-10-1. Economic Development Authority.
The legislative rule filed in the State Register on the
twenty-fourth day of August, two thousand four, under the authority
of section nine, article thirteen-u, chapter eleven of this code,
modified by the Economic Development Authority 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 Economic Development Authority
(high-growth business investment tax credit, 117 CSR 5), is
authorized with the following amendments:
On page three, section three, line 4, by striking all of
sections 3.2.b., 3.2.c. and 3.2.c.1 and inserting in lieu thereof
the following:
"3.2.b. The Authority may not allocate more than fifty thousand dollars of this tax credit to an eligible taxpayer in a
fiscal year.
3.2.c. Any unused portion of the tax credit may be carried
forward to succeeding taxable years until the expiration of the
fourth taxable year after the taxable year in which the investment
was made. The tax credit remaining thereafter is forfeited.";
And,
On page three, section three, line 18, following the word
"The" by striking out the word "Statute" and inserting in lieu
thereof the word "tax credit".
§64-10-2. Bureau of Employment Programs.
The legislative rule filed in the State Register on the
nineteenth day of March, two thousand four, under the authority of
section six, article two, chapter twenty-one-a of this code,
modified by the Bureau of Employment Programs to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the seventeenth day of June, two
thousand four, relating to the Bureau of Employment Programs
(implementing the requirement that prohibits agencies from
granting, issuing or renewing contracts, licenses, permits,
certificates or other authority to conduct a trade, profession or
business, 96 CSR 1), is authorized with the following amendment:
On page five, section five, line 1, following the word "The"
by striking out the word "authorizing" and inserting the word
"approval".
§64-10-3. Division of Labor.
(a) The legislative rule filed in the State Register on the
twelfth day of August, two thousand four, under the authority of
section eleven, article three-c, chapter twenty-one of this code,
modified by the Division of Labor to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the sixteenth day of February, two thousand five,
relating to the Division of Labor (Elevator Safety Act, 42 CSR 21),
is authorized with the following amendments:
On page three, subdivision 6.1., after the words "private
inspector may not" by striking out the words "provide inspection
services to an elevator on which the inspector, his or her employer
or employee of his or her employer has made repairs or provided
routine maintenance" and inserting in lieu thereof the words
"inspect repairs or routine maintenance work performed by the
inspector, the inspector's employer or another employee of the
inspector"s employer";
And,
On page three, subdivision 6.1., after the words "may enter
into any" by inserting the words "state owned".
(b) The legislative rule filed in the State Register on the
twelfth day of August, two thousand four, under the authority of
section twenty, article one, chapter forty-seven of this code,
modified by the Division of Labor to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the sixteenth day of February, two thousand five,
relating to the Division of Labor (weights and measures calibration fees, 42 CSR 26), 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 four, article nine, chapter twenty-one of this
code, relating to the Division of Labor (West Virginia Manufactured
Housing Construction and Safety Standards Board, 42 CSR 19), is
authorized.
§64-10-4. Division of Natural Resources.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, under the
authority of section twenty-three-a, article two, chapter twenty of
this code, relating to the Division of Natural Resources
(commercial whitewater outfitters, 58 CSR 12), is authorized.
(b) The legislative rule filed in the State Register on the
twenty-third day of August, two thousand four, under the authority
of section seven, article one, chapter twenty of this code and
section eleven, article two of said chapter, relating to the
Division of Natural Resources (commercial sale of wildlife, 58 CSR
63), is authorized.
(c) The legislative rule filed in the State Register on the
twelfth day of August, two thousand four, under the authority of
section seven, article one, chapter twenty of this code, modified
by the Division of Natural Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the seventeenth day of November, two thousand four,
relating to the Division of Natural Resources (revocation of hunting and fishing licenses, 58 CSR 23), is authorized.
The bill (Eng. Com. Sub. for H. B. No. 2718), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2723, Authorizing the
Department of Environmental Protection 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:
On page eight, section two, line nine, after the word
"authorized" by inserting a period and striking out the remainder
of the bill.
Following discussion,
The question being on the adoption of the Judiciary committee
amendment to the bill (Eng. Com. Sub. for H. B. No. 2723), and on
this question, Senator Minear demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Bowman, Chafin,
Dempsey, Edgell, Fanning, Foster, Hunter, Jenkins, Kessler, Love,
McCabe, Minard, Plymale, Unger, White and Tomblin (Mr.
President)--17.
The nays were: Barnes, Boley, Caruth, Deem, Facemyer, Guills,
Harrison, Helmick, Lanham, McKenzie, Minear, Oliverio, Prezioso,
Sharpe, Sprouse, Weeks and Yoder--17.
Absent: None.
So, a majority of those present and voting not having voted in the affirmative, the President declared the Judiciary committee
amendment to the bill rejected on a tie vote.
The bill (Eng. Com. Sub. for H. B. No. 2723) was then ordered
to third reading.
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.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
PRESTON COUNTY SCHOOL BOARD MEETING AS LEVYING BODY EXTENDED.
§1. Extending time for the Preston County School Board to meet as
levying body for an election enacting a special levy for
school funding.
Notwithstanding the provision of article eight, chapter eleven
of the Code of West Virginia, 1931, as amended, the Board of
Education of Preston County, West Virginia, is hereby authorized to
extend the time for its meeting as a levying body, setting the levy
rate and certifying its actions to the State Tax Commissioner from
between the seventh and twenty-eighth days of March and the third
Tuesday in April until the ninth day of May, two thousand five, for
the purpose of submitting to the voters of Preston County the question of enacting a special levy for school funding.
The bill (Eng. Com. Sub. for H. B. No. 2812), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2816, Creating the West
Virginia Healthy Act of 2005.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §5-1E-1, §5-1E-2,
§5-1E-3, §5-1E-4 and §5-1E-5; and that §18-2-6a, §18-2-7a and §18-
2-9 of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 1E. HEALTHY WEST VIRGINIA PROGRAM.
§5-1E-1. Findings and purposes.
The Legislature finds and declares that the rise in obesity
and related weight problems accompanied by the resulting incidence
of chronic disease has created a health care crisis that burdens
the health care infrastructure of the state. The Legislature also
finds that the State of West Virginia must take an informed,
sensitive approach to communicate and educate the citizens of the state about health issues related to obesity and inappropriate
weight gain. The Legislature further finds that the state must
take action to assist West Virginia citizens in engaging in
healthful eating and regular physical activity. The Legislature
further finds that the state must invest in research that improves
understanding of inappropriate weight gain and obesity. These
efforts are needed to coordinate the state's interest in improving
the health of its citizens and in reducing the cost of health care.
Therefore, it is the purpose of this article to create, as an
integral part of the Department of Health and Human Resources, an
entity to coordinate the efforts of all agencies to prevent and
remedy obesity and related weight problems and to ensure that all
citizens are being educated on this serious health risk that is
affecting the state.
§5-1E-2. Creation of the Office of Healthy Lifestyles.
There is hereby created the Office of Healthy Lifestyles
within the Department of Health and Human Resources. The
management of this office shall be provided in the manner
determined by the Secretary of the Department of Health and Human
Resources to be in the best interest of the state and its citizens.
§5-1E-3. Powers and duties of the Office.
The Office of Healthy Lifestyles shall:
(1) Establish a Healthy Lifestyle Coalition to assure
consistency of the public health and private sector approach to
dealing with programs that address the problems that affect
overweight and obese individuals, to provide a forum for discussing the issues that affect healthy lifestyles and to identify best
practices that can be replicated. By the first day of July, two
thousand five, the Governor shall appoint thirteen members of the
Coalition whose terms shall be for a period of four years, and the
members may be reappointed to a second term. The terms may be
staggered by the Governor to assure continuity of experience on the
Coalition. Members shall represent state agencies, community
organizations and other entities which have an interest and
expertise in obesity. Members may not be compensated but shall
receive reimbursement for expenses incurred while performing the
business of the coalition. The Coalition shall meet monthly for at
least the first eighteen months of the Coalition to develop and
implement an action plan to meet the goals established by the
Coalition;
(2) Establish a clinical advisory committee to assure a
unified approach using the latest research to assure consistency in
program development;
(3) Establish a statewide voluntary private sector partnership
and recognition program for employers, merchants, restaurants and
other private sector businesses to encourage the development or
further advance current programs that encourage healthy lifestyles;
(4) Coordinate higher education training programs for dietary
and exercise physiology students with rural health care providers;
(5) Coordinate existing health promotion initiatives to assure
clear, concise and consistent communication;
(6) Solicit, accept and expend grants, gifts, bequests, donations and other funds from any source for programs that will
enable the state to accomplish the goals of this program;
(7) Develop a cross-agency series of goals to ensure
consistency throughout the system of providers and agencies working
in the area of improving lifestyles;
(8) Establish as a goal to increase the prevalence of healthy
weight among all people in the state because obesity leads to
diabetes, heart disease, strokes and kidney failure. These
diseases, often arising in older age as a result of unhealthy
lifestyles that began during a person's youth, place an undue
financial burden on individuals, the health care industry and state
health care programs;
(9) Consider the resources of the local health departments and
recommend ongoing relationships, as appropriate, between local
health departments, family resource networks, faith-based
organizations, cooperative extension services, farm bureaus and
other health care providers;
(10) Encourage the development of incentives for participation
in employee wellness programs. Incentives may be based upon, but
should not be limited to, the employee's completion of health
questionnaires or participating in healthy lifestyles initiatives
and may use experiences of successful initiatives that have
occurred in this state. The action plan should include among its
targets, state government employees in this incentive program;
(11) Build upon existing initiatives that focus on any of the
Coalition's goals, soliciting input from these initiatives and eliminating duplication of efforts;
(12) Report its progress annually by the first day of December
to the Legislative Oversight Commission on Health and Human
Resources Accountability.
§5-1E-4. Partnership to encourage healthy lifestyles by children
and families.
(a) The West Virginia Healthy Lifestyles program will develop
a statewide voluntary private sector partnership program to work
with businesses throughout the state that encourage and promote
healthy lifestyles among their employees and communities.
(b) Beginning the first day of July, two thousand five, those
businesses voluntarily choosing to participate in the Healthy
Lifestyles program shall submit their own detailed programs to the
Office of Healthy Lifestyles for review. The programs should be
creative and unique, highlighting the efforts of the business to
promote healthy lifestyles to West Virginians through sensible diet
and physical fitness.
(c) The West Virginia Healthy Lifestyles program will develop
a recognition program for private sector enterprises that develop
or advance programs that address the problems affecting overweight
and obese individuals and that promote a healthy lifestyle.
(d) Any business program promoting healthy lifestyles that is
recognized by the Office of Healthy Lifestyles will be issued a
universally recognized logo, suitable for public display by the
business.
(e) Marketing of programs recognized by the Office of Healthy Lifestyles shall take place through all state agencies. The West
Virginia Public Employees Insurance Agency, the Bureau for Medical
Services and the West Virginia Workers' Compensation Commission
shall aggressively market this program to their members for the
purposes of health promotion among their members.
(f) The Office of Healthy Lifestyles shall market recognized
programs to other businesses, as models, to help create additional
programs promoting healthy lifestyles.
(g) The Office of Healthy Lifestyles shall report annually by
the first day of December to the Legislative Oversight Commission
on Health and Human Resources Accountability: (1) The number of
participants; (2) the impact on businesses as established by a
survey of participating businesses; and (3) the results of consumer
satisfaction surveys all designed by the Office of Healthy
Lifestyles.
§5-1E-5. Creation of a Healthy Lifestyles Fund.
There is hereby created in the State Treasury a separate
special revenue account, which shall be an interest-bearing
account, to be known as the "Healthy Lifestyles Fund". The special
revenue account shall consist of all appropriations made by the
Legislature, income from the investment of moneys held in the
special revenue account and all other sums available for deposit to
the special revenue account from any source, public or private. No
expenditures for purposes of this section are authorized from
collections except in accordance with the provisions of article
three, chapter twelve of this code and upon fulfillment of the provisions set forth in article two, chapter eleven-b of this code.
Any balance remaining in the special revenue account at the end of
any state fiscal year does not revert to the general revenue fund
but remains in the special revenue account and shall be used solely
in a manner consistent with this article. No expenses incurred
under this section shall be a charge against the general funds of
the state.
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-6a. Sale of healthy beverages and soft drinks in schools.
(a) In order to generate funding for necessary programs and
supplies, county boards may permit the sale of healthy beverages
and soft drinks in county high schools except during breakfast and
lunch periods as follows:
(1) During a school day, soft drinks may not be sold in areas
accessible to students in an elementary school, middle school or
junior high school through vending machines on the premises, in
school stores or in school canteens or through fundraisers by
students, teachers, groups or by any other means. In elementary,
middle school or junior high school, only healthy beverages may be
sold in vending machines on the premises, in school canteens or
through fundraisers by students, teachers, groups or by any other
means. Nothing in this section shall be construed to prohibit or
limit sale or distribution of any food or beverage item through
fund-raising activities of students, teachers or educational groups
when the items are intended for sale off the school grounds.(2) Those high schools which permit the sale of soft drinks
through vending machines also shall offer for sale healthy
beverages. Of the total beverages offered for sale, at least fifty
percent shall be healthy beverages. Vending machines containing
healthy beverages shall be in the same location or substantially
similar location as vending machines containing soft drinks.
(3) The sale of such healthy beverages and soft drinks shall
be in compliance with the rules of the National School Lunch
Program and the School Breakfast Program of the State Board and the
Nutrition Service of the United States Department of Agriculture,
which became effective on the seventeenth day of June, one thousand
nine hundred eighty-five. Provided, That, if under such rules, the
sale of soft drinks shall become prohibited, such rules shall not
prohibit the sale of soft drinks in high schools in the state of
West Virginia. Seventy-five percent of the profits from the sale
of healthy beverages and soft drinks shall be allocated by a
majority vote of the faculty senate of each school and twenty-five
percent of the profits from the sale of healthy beverages and soft
drinks shall be allocated to the purchase of necessary supplies by
the principal of the school.
(b) For the purposes of this section:
(1) "School day" means the period of time between the arrival
of the first student at the school building and the end of the last
instructional period; and
(2) "Healthy beverage" means water, one hundred percent fruit
and vegetable juice, low-fat milk and other juice beverages with a minimum of twenty percent real juice.
§18-2-7a. Legislative findings; required physical education;
program in physical fitness.
(a) The Legislature hereby finds that obesity is a problem of
epidemic proportions in this state. There is increasing evidence
that all segments of the population, beginning with children, are
becoming more sedentary, more overweight and more likely to develop
health risks and diseases including Type II diabetes, high blood
cholesterol and high blood pressure. The Legislature further finds
that the promotion of physical activity during the school day for
school children is a crucial step in combating this growing
epidemic and in changing the attitudes and behavior of the
residents of this state toward health promoting physical activity.
(b) As a result of these findings, the State Department of
Education shall establish the requirement that each child enrolled
in the public schools of this state actively participates in
physical education classes during the school year to the level of
his or her ability as follows:
(1) Kindergarten to and including grade five. -- Not less than
thirty minutes of physical education, including physical exercise
and age-appropriate physical activities, for not less than three
days a week.
(2) Grade six to and including grade eight. -- Not less than
one full period of physical education, including physical exercise
and age-appropriate physical activities, each school day of one
semester of the school year.
(3) Grade nine to and including grade twelve. -- Not less than
one full course credit of physical education, including physical
exercise and age-appropriate physical activities, which shall be
required for graduation and the opportunity to enroll in an
elective lifetime physical education course.
(c) Enrollment in physical education classes and activities
required by the provisions of this section shall not exceed, and
shall be consistent with, state guidelines for enrollment in all
other subjects and classes: Provided, That schools which do not
currently have the number of certified physical education teachers
or required physical setting may develop alternate programs that
will enable current staff and physical settings to be used to meet
the physical education requirements established herein. These
alternate programs shall be submitted to the State Department of
Education and the Healthy Lifestyle Council for approval. Those
schools needing to develop alternate programs shall not be required
to implement this program until the school year commencing two
thousand six.
(d) The State Board of Education shall prescribe a program
within the existing health and physical education program which
incorporates the fitness testing, awards reporting, recognition,
fitness events and incentive programs designed under the auspices
of the President's Council on Physical Fitness and Sports and which
requires the participation through grade nine of each student and
of each school in the state in both the challenge program and the
state champion program of the council in grades four through eight and the required high school course. The program shall be selected
from nationally accepted fitness testing programs designed for
school-aged children that test cardiovascular fitness, muscular
strength and endurance, flexibility and body composition:
Provided, That nothing in this subsection shall be construed to
prohibit the use of programs designed under the auspices of the
President's Council on Physical Fitness and Sports. The program
shall include the modified test tests for exceptional students.
Each school in the state shall participate in National Physical
Fitness and Sports Month in May of each year and shall make every
effort to involve the community it serves in the related events.
(e) Body mass index measures shall be used as an indicator of
progress toward promoting healthy lifestyles among school-aged
children. The body mass index measures shall be determined using
student height and weight data and reported to the State Department
of Education via the West Virginia Education Information System.
Body mass index measures shall be included in kindergarten
screening procedures. Students in grades four through eight and
students enrolled in high school physical education courses shall
have their body mass index measured through required fitness
testing procedures. All school personnel responsible for
conducting and reporting body mass index measures shall receive
training or written documentation on the appropriate methodology
for assessing the body mass index and reporting data in a manner
that protects student confidentiality. All body mass index data
shall be reported in aggregate to the Governor, the State Board of Education, the Healthy Lifestyles Coalition and the Legislative
Oversight Commission on Health and Human Resources Accountability.
§18-2-9. Required courses of instruction; violation and penalty.
(a) In all public, private, parochial and denominational
schools located within this state there shall be given prior to the
completion of the eighth grade at least one year of instruction in
the history of the state of West Virginia. Such The schools shall
require regular courses of instruction by the completion of the
twelfth grade in the history of the United States, in civics, in
the Constitution of the United States, and in the government of the
State of West Virginia for the purpose of teaching, fostering and
perpetuating the ideals, principles and spirit of political and
economic democracy in America and increasing the knowledge of the
organization and machinery of the government of the United States
and of the state of West Virginia. The State Board of education
shall, with the advice of the State Superintendent, of schools
prescribe the courses of study covering these subjects for the
public schools. It shall be the duty of the officials or boards
having authority over the respective private, parochial and
denominational schools to prescribe courses of study for the
schools under their control and supervision similar to those
required for the public schools. To further such study, every high
school student eligible by age for voter registration shall be
afforded the opportunity to register to vote pursuant to section
twenty-two, article two, chapter three of this code.
(b) The State Board of education shall cause to be taught in all of the public schools of this state the subject of health
education, including instruction in any of the grades six through
twelve as deemed considered appropriate by the county board, on:
(1) The prevention, transmission and spread of acquired immune
deficiency syndrome and other sexually transmitted diseases; and
(2) substance abuse, including the nature of alcoholic drinks and
narcotics, tobacco products and other potentially harmful drugs,
with special instruction as to their effect upon the human system
and upon society in general; and (3) the importance of healthy
eating and physical activity to maintaining healthy weight. The
course curriculum requirements and materials for such
the instruction shall be adopted by the State Board by rule in
consultation with the Department of Health and Human Resources.
The State Board shall prescribe a standardized health education
assessment to be administered within health education classes to
measure student health knowledge and program effectiveness.
An opportunity shall be afforded to the parent or guardian of
a child subject to instruction in the prevention, transmission and
spread of acquired immune deficiency syndrome and other sexually
transmitted diseases to examine the course curriculum requirements
and materials to be used in such the instruction. The parent or
guardian may exempt such the child from participation in such
the instruction by giving notice to that effect in writing to the
school principal.
(c) Any person violating the provisions of this section shall
be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding ten dollars for each violation, and each week
during which there is a violation shall constitute a separate
offense. If the person so convicted occupy a position in
connection with the public schools, that person shall automatically
be removed from such that position and shall be ineligible for
reappointment to that or a similar position for the period of one
year.
The bill (Eng. Com. Sub. for H. B. No. 2816), as amended, was
then ordered to third reading.
Senator Deem moved that the Senate reconsider its action by
which in earlier proceedings today it rejected the Judiciary
committee amendment to Engrossed Committee Substitute for House
Bill No. 2723 (shown in the Senate Journal of today, page 63).
Senator Hunter then moved that further consideration of
Senator Deem's reconsideration motion be made a special order of
business following conclusion of bills on today's first reading
calendar.
The question being on the adoption of Senator Hunter's
aforestated motion, the same was put.
The result of the voice vote being inconclusive, Senator Deem
demanded a division of the vote.
A standing vote being taken, there were fifteen "yeas" and
eighteen "nays".
Whereupon, the President declared Senator Hunter's motion had
not prevailed.
The question now being on the adoption of Senator Deem's reconsideration motion, the same was put.
The result of the voice vote being inconclusive, Senator
Bowman demanded a division of the vote.
A standing vote being taken, there were sixteen "yeas" and
seventeen "nays".
Whereupon, the President declared Senator Deem's
reconsideration motion had not prevailed.
The Senate then resumed consideration of the remainder of its
second reading calendar, the next bill coming up in numerical
sequence being
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.
On second reading, coming up in regular order, was 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 two, section twenty-one, line twelve, by striking out
the word "such" and inserting in lieu thereof the word "the";
On page two, section twenty-one, line seventeen, by striking
out the word "such" and inserting in lieu thereof the word "the";
On page two, section twenty-one, line nineteen, after the word
"may" by inserting the word "it";
And,
On page three, section twenty-one, line thirty-one, by striking out the word "Such" and inserting in lieu thereof the word
"The".
The bill (Eng. H. B. No. 2866), as amended, was then ordered
to third reading.
Eng. Com. Sub. for House Bill No. 2877, Providing procedure
for removal of county, district or municipal officers.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2929, Relating to the
administration of anesthesia by dentists.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 3018, Relating to designation of
Mountaineer Challenge Academy as a special alternative education
program.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On pages three through seven, by striking out all of section
six and inserting in lieu thereof a new section six, to read as
follows:
§18-2-6. Classification and standardization of schools; standards
for degrees and diploma; certificates of proficiency;
establishment of alternative education programs.
(a) The State Board shall make promulgate rules for the
accreditation, classification and standardization of all schools in
the state, except institutions of higher education, and shall
determine the minimum standards for the granting of diplomas and certificates of proficiency by those schools. Not later than the
school year one thousand nine hundred ninety--ninety-one, The
certificates of proficiency including shall include specific
information regarding the graduate's skills, competence and
readiness for employment or honors and advanced education and shall
be granted, along with the diploma, to every eligible high school
graduate. The certificate of proficiency shall include the program
of study major completed by the student only for those students who
have completed the required major courses, or higher level courses,
advanced placement courses, college courses or other more rigorous
substitutes related to the major, and the recommended electives.
No (b) An institution of less than collegiate or university
status may not grant any diploma or certificate of proficiency on
any basis of work or merit below the minimum standards prescribed
by the State Board.
No (c) A charter or other instrument containing the right to
issue diplomas or certificates of proficiency shall may not be
granted by the State of West Virginia to any institution or other
associations or organizations of less than collegiate or university
status within the state until the condition of granting or issuing
such diplomas or other certificates of proficiency has first been
approved in writing by the State Board.
(d) The State Board also may establish policies and procedures
shall promulgate a rule for the approval of alternative education
programs for disruptive students who are at risk of not succeeding
in the traditional school structure. These policies and procedures This rule may provide for the waiver of other policies of the State
Board, the establishment and delivery of a nontraditional
curriculum, the establishment of licensure requirements for
alternative education program teachers and the establishment of
performance measures for school accreditation.
(e) If a student attends an approved alternative education
program or the Mountaineer Challenge Academy, which is designated
as a special alternative education program pursuant to section
twenty-four, article one-b, chapter fifteen of this code, and the
student graduates or passes the General Equivalency Development
(GED) tests within five years of beginning ninth grade, that
student shall be considered graduated for the purposes of
calculating the high school graduation rate used for school
accreditation and school system approval, subject to the following:
(1) The student shall only be considered graduated to the
extent that this is not in conflict with any provision of federal
law relating to graduation rates;
(2) If the State Board determines that this is in conflict
with a provision of federal law relating to graduation rates, the
State Board shall request a waiver from the United States
Department of Education; and
(3) If the waiver is granted, notwithstanding the provisions
of subdivision (1) of this subsection, the student graduating or
passing the General Educational Development (GED) tests within five
years shall be considered graduated.
(f) The State Board shall promulgate a rule to support the operation of the National Guard Youth Challenge Program operated by
the Adjutant General and known as the "Mountaineer Challenge
Academy" which is designated as a special alternative education
program pursuant to section twenty-four, article one-b, chapter
fifteen of this code for students who are at risk of not succeeding
in the traditional school structure. The rule shall set forth
policies and procedures applicable only to the Mountaineer
Challenge Academy that provide for, but are not limited to, the
following:
(1) Implementation of provisions set forth in section
twenty-four, article one-b, chapter fifteen of this code;
(2) Precedence of the policies and procedures designated by
the National Guard Bureau for the operation of the Mountaineer
Challenge Academy special alternative education program;
(3) Consideration of a student participating in the
Mountaineer Challenge Academy special alternative education program
at full enrollment status in the referring county for the purposes
of funding and calculating attendance and graduation rates, subject
to the following:
(A) The student shall only be considered at full enrollment
status for the purposes of calculating attendance and graduation
rates to the extent that this is not in conflict with any provision
of federal law relating to attendance or graduation rates;
(B) If the State Board determines that this is in conflict
with a provision of federal law relating to attendance or
graduation rates, the State Board shall request a waiver from the United States Department of Education;
(C) If the waiver is granted, notwithstanding the provisions
of paragraph (A) of this subdivision, the student shall be
considered at full enrollment status in the referring county for
the purposes of calculating attendance and graduation rates; and
(D) Consideration of the student at full enrollment status in
the referring county is for the purposes of funding and calculating
attendance and graduation rates only. For any other purpose, a
student participating in the Academy is considered withdrawn from
the public school system;
(4) Articulation of the knowledge, skills and competencies
gained through alternative education so that students who return to
regular education may proceed toward attainment or attain the
standards for graduation without duplication; and
(5) Consideration of eligibility to take the General
Educational Development (GED) tests by qualifying within the
extraordinary circumstances provisions established by State Board
rule of a student participating in the Mountaineer Challenge
Academy special alternative education program who does not meet any
other criteria for eligibility.
(g) Nothing in this section or the rules promulgated hereunder
compels the Mountaineer Challenge Academy to be operated as a
special alternative education program or to be subject to any other
laws governing the public schools except by its consent.
(h) The State Board shall report to the Legislative Oversight
Commission on Education Accountability on or before the first day of January of each year on its efforts to cooperate with and
support the Mountaineer Challenge Academy pursuant to this section
and section twenty-four, article one-b, chapter fifteen of this
code.
The bill (Eng. H. B. No. 3018), as amended, was then ordered
to third reading.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 3031, Prohibiting unlicensed practice of
landscape architecture.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-22-5a, to read as
follows:
ARTICLE 22. LANDSCAPE ARCHITECTS.
§30-22-5a. Limited fee increase.
Notwithstanding the fees set forth in this article, the West
Virginia State Board of Landscape Architects is hereby authorized to increase the fees it assesses under the provisions of this
article. The fee increase shall be for one year, commencing the
first day of July, two thousand five. Each increased fee may not
exceed one hundred dollars.
The bill (Eng. H. B. No. 3031), as amended, was then ordered
to third reading.
Eng. House Bill No. 3045, Relating to the creation and
modification of public service districts.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
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 read a
second time.
The following amendments to the bill, from the Committee on
Natural Resources, were reported by the Clerk, considered
simultaneously, and adopted:
On page four, section two, line forty-three, by striking out
the word "galliformes" and inserting in lieu thereof the word
"gallinule";
And,
On page four, line forty-five, by striking out the word
"galli" and inserting in lieu thereof the word "galliformes".
The bill (Eng. Com. Sub. for H. B. No. 3051), as amended, was
then ordered to third reading.
Eng. House Bill No. 3125, Providing for biannual independent review of the Neighborhood Investment Program and to extend the
program until July 1, 2008.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 3160, Authorizing the Consolidated Public
Retirement Board to charge delinquency fees approximating lost
interest or earnings.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
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.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Pensions, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §8-13C-1 and §8-13C-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended
by adding thereto a new section, designated §8-13C-14, all to read
as follows:
ARTICLE 13C. MUNICIPAL TAX IN LIEU OF BUSINESS AND OCCUPATION TAX;
AND MUNICIPAL TAXES APPLICABLE TO PENSION FUNDS; ADDITIONAL
AUTHORITIES RELATING TO PENSIONS AND BOND ISSUANCE.
§8-13C-1. Findings.
The Legislature finds that:
(a) Imposing additional taxes creates an extra burden on the
citizens of the state;
(b) Imposing additional taxes can be detrimental to the
economy of the state;
(c) Imposing additional taxes is only proper under certain
circumstances;
(d) For many municipalities with severe unfunded liabilities
of the police and fire pension funds, all available sources of
local revenue have been exhausted. Property taxes are at the
maximum allowed by the State Constitution and local business and
occupation taxes and utility taxes are at the maximum rates allowed
by state law. Other fees have reached the economic maximum and are
causing relocation of business outside the municipal boundaries;
(e) For many municipalities with severe unfunded police and
fire pension fund liabilities, revenue from existing sources has
become stagnant over the past few years with no expectation of
significant future growth;
(f) For many municipalities with severe unfunded police and fire pension fund liabilities, payments required under state law to
fund fire and police pension funds are now close to equaling the
city payrolls for police and fire protection and will rise to
exceed those payrolls within a ten-year period;
(g) For many municipalities with severe unfunded police and
fire pension fund liabilities, payments required under state law to
fund fire and police pension funds now constitute a large
percentage of those municipalities' total budget and will rise to
an even larger percentage of the available revenues in the next ten
years. Payment and benefit levels are dictated to the
municipalities by state law;
(h) As the required pension payments rise, many of the
municipalities with severe unfunded police and fire pension fund
liabilities will find it impossible to maintain at minimum levels
necessary and proper city services including, but not limited to,
police and fire protection, street maintenance and repair and
sanitary services;
(i) For some of the municipalities with severe unfunded
liabilities of the police and fire pension funds, the combination
of the steeply rising pension obligations and the stagnant revenue
sources raise the real possibility of municipal bankruptcy in the
near and predictable future. If this happens, pensioners would
either not receive the full benefits which they have been promised
or pressure would be placed on the state to fund these programs;
(j) For a municipality that has the most severe unfunded
liability in its pension funds, paying off the unfunded liability in a timely manner would cause tremendous financial hardship and
the loss of many services that would otherwise be provided to the
municipality's citizens;
(k) Only for a municipality that has the most severe unfunded
liability in its pension funds would the imposition of the pension
relief municipal occupational tax, the pension relief municipal
sales and service tax, the pension relief municipal use tax or any
combination of those taxes be an appropriate method of addressing
the unfunded liability; and
(l) Only for a municipality that does not impose or ceases to
impose a business and occupation or privilege tax would the
imposition of an alternative municipal sales and service tax and an
alternative municipal use tax be appropriate;
(m) Only for a municipality that has the most severe unfunded
liability in its pension funds would the closure of its existing
pension and relief fund plan for policemen and firemen to those
newly employed and the creation of a defined contribution plan for
newly employed policemen and firemen be appropriate; and
(n) Only for a municipality that has the most severe unfunded
liability in its pension funds, that closes its existing pension
and relief fund plan for policemen and firemen to those newly
employed and that creates a defined contribution plan for newly
employed policemen and firemen, would the issuance of bonds to
address the unfunded liability of its existing pension and relief
fund plan for policemen and firemen be appropriate.
§8-13C-9. Restriction on use of certain revenues.
(a) All proceeds from a pension relief municipal occupational
tax, a pension relief municipal sales and service tax and a pension
relief municipal use tax imposed pursuant to this article shall be
used solely for one of the purpose of following purposes:
(1) Directly reducing the unfunded actuarial accrued liability
of policemen's and firemen's pension and relief funds of the
qualifying municipality imposing the tax; The proceeds used for
this purpose shall be in addition to the minimum annual
contribution required by section twenty, article twenty-two of this
chapter. or
(2) Meeting the principal, interest and any reserve
requirement obligations of any bonds issued pursuant to section
fourteen of this article.
(b) A qualifying municipality loses its authority to impose a
pension relief municipal occupational tax, a pension relief
municipal sales and service tax and a pension relief municipal use
tax pursuant to this article after: For any qualifying
municipality that chooses to apply the proceeds from a pension
relief municipal occupational tax, a pension relief municipal sales
and service tax, a pension relief municipal use tax or any
permitted combination of these taxes directly to reducing the
unfunded actuarial accrued liability of policemen's and firemen's
pension and relief funds, the qualifying municipality loses its
authority to impose those taxes after:
(1) The unfunded actuarial accrued liability of the qualifying
municipality's policemen's and firemen's pension and relief funds is eliminated; or
(2) Sufficient moneys accrue from the proceeds of the pension
relief municipal occupational tax, the pension relief municipal
sales and service tax, the pension relief municipal use tax or any
permitted combination of these taxes to eliminate the unfunded
actuarial accrued liability of the qualifying municipality's
policemen's and firemen's pension and relief funds.
(c) For any qualifying municipality that chooses to apply the
proceeds from a pension relief municipal occupational tax, a
pension relief municipal sales and service tax, a pension relief
municipal use tax or any permitted combination of these taxes to
the principal, interest and any reserve requirement and arbitrage
rebate obligations on any bonds issued pursuant to section fourteen
of this article, the qualifying municipality loses its authority to
impose those taxes after:
(1) The principal, interest and any reserve requirement and
arbitrage rebate obligations on the bonds issued pursuant to
section fourteen of this article are met;
(2) Sufficient moneys accrue from the proceeds of the pension
relief municipal occupational tax, the pension relief municipal
sales and service tax, the pension relief municipal use tax or any
permitted combination of these taxes to meet the principal,
interest and any reserve requirement and arbitrage rebate
obligations on the bonds issued pursuant to section fourteen of
this article; and
(3) After retirement of bonds issued pursuant to section fourteen of this article, any unfunded actuarial accrued liability
of the qualifying municipality's policemen's and firemen's pension
and relief funds is eliminated.
§8-13C-14. Authorization for closure of existing retirement plans,
creation of defined contribution plans and issuance of bonds
for certain qualifying municipalities.
(a) Notwithstanding any other section of code to the contrary
and subject to subsection (b) of this section, any qualifying
municipality, as that term is defined in section two of this
article, has the following authority:
(1) To close its existing pension and relief fund plan for
policemen and firemen provided in article twenty-two of this
chapter for policemen and firemen hired on and after a future date
to be set by the governing body of the municipality;
(2) To establish a defined contribution plan for policemen and
firemen hired on and after the future date set by the governing
body of the municipality to close its existing pension and relief
fund plan for policemen and firemen; and
(3) To issue revenue bonds for the purpose of eliminating the
unfunded actuarial accrued liability of the existing pension and
relief fund plan for policemen and firemen and to issue refunding
bonds issued to refund, in whole or in part, bonds issued for such
purpose.
(b) The authority granted in subsection (a) of this section is
subject to the following:
(1) No qualifying municipality may close an existing pension and relief fund plan for policemen and firemen pursuant to
subdivision (1), subsection (a) of this section unless the
qualifying municipality also establishes a defined contribution
plan for policemen and firemen pursuant to subdivision (2) of said
subsection. No qualifying municipality may establish a defined
contribution plan for policemen and firemen pursuant to said
subdivision unless the qualifying municipality also closes its
existing pension and relief fund plan for policemen and firemen
pursuant to subdivision (1) of said subsection. No qualifying
municipality may issue bonds pursuant to subdivision (3) of said
subsection unless the qualifying municipality also closes its
existing pension and relief fund plan for policemen and firemen
pursuant to subdivision (a) (1) of said subsection and establishes
a defined contribution plan for policemen and firemen pursuant to
subdivision (2) of said subsection. If a qualifying municipality
elects not to issue bonds pursuant to subdivision (3) of said
subsection, nothing in this section may be construed to prohibit
the qualifying municipality from closing its existing pension and
relief fund plan for policemen and firemen pursuant to subdivision
(1) of said subsection and establishing a defined contribution plan
for policemen and firemen pursuant to subdivision (2) of said
subsection;
(2) No qualifying municipality may exercise any authority
provided in subsection (a) of this section unless it obtains a
determination of the unfunded actuarial accrued liability of its
existing pension and relief fund plans for policemen and firemen from the State Treasurer;
(3) If the qualifying municipality chooses to issues bonds
pursuant to subdivision (3), subsection (a) of this section, the
following applies:
(A) The proceeds of the revenue bonds shall be at least equal
to the unfunded actuarial accrued liability as determined by the
State Treasurer plus any reserve fund requirements and any costs,
including accrued or capitalized interest, associated with issuing
the bonds. All of the proceeds shall be applied to the payment of
the unfunded actuarial accrued liability, the funding of reserve
requirements and the payment of costs associated with the issuance
of the bonds and may not be used for any other purpose; and
(B) The proceeds of any refunding bonds shall be used to
refund all or any portion of the revenue bonds authorized in this
section, to fund any required reserve requirements for such
refunding bonds and to pay costs of issuance associated with such
refunding bonds and for no other purpose;
(4) If the qualifying municipality elects to issue bonds
pursuant to subdivision (3), subsection (a) (1) of this section,
the qualifying municipality shall impose a pension relief municipal
occupational tax, a pension relief municipal sales and service tax,
a pension relief municipal use tax or any permitted combination of
these taxes at a rate projected to generate sufficient revenue to
meet the principal, interest and any reserve requirement and
arbitrage rebate obligations on the bonds, subject to the
following:
(A) This requirement is void after the qualifying municipality
loses its authority to impose those taxes pursuant to subsection
(b) or (c), section nine of this article; and
(B) If the revenue generated by a pension relief municipal
occupational tax, a pension relief municipal sales and service tax
and a pension relief municipal use tax is insufficient to meet the
principal, interest, and any reserve requirement and arbitrage
rebate obligations on the bonds, the qualifying municipality shall
not issue the bonds;
(5) If the qualifying municipality elects to issue bonds
pursuant to subdivision (3), subsection (a) of this section, all
proceeds from the taxes shall be dedicated solely to paying the
principal, interest and any reserve requirement and arbitrage
rebate obligations on the bonds;
(6) If the qualifying municipality elects to close an existing
pension and relief fund plan for policemen and firemen pursuant to
subdivision (1), subsection (a) of this section, all current and
retired employees in the existing pension and relief fund plans for
policemen and firemen shall remain in that plan and shall be paid
all benefits of that plan in accordance with Part III, article
twenty-two of this chapter;
(7) Any such revenue bonds or refunding bonds shall bear
interest at not more than twelve percent per annum, payable
semiannually, or at shorter intervals, and shall mature at such
time or times, not exceeding thirty years, as may be determined by
the ordinance authorizing the issuance of such bonds. Such bonds may be made redeemable before maturity, at the option of the
municipality at not more than the par value thereof, plus a premium
of not more than five percent, under such terms and conditions as
may be fixed by the ordinance authorizing the issuance of the
bonds. The principal and interest of the bonds may be made payable
in any lawful medium. The ordinance shall determine the form of
the bonds and shall set forth any registration or conversion
privileges, and shall fix the denomination or denominations of such
bonds, and the place or places of the payment of principal and
interest thereof, which may be at any banking institution or trust
company within or without the state. The bonds shall contain a
statement on their face that the municipality shall not be
obligated to pay the same, or the interest thereon, except from the
special fund derived from revenues collected by the municipality
from the imposition of a pension relief municipal occupational tax,
a pension relief municipal sales and service tax, a pension relief
municipal use tax or any permitted combination of these taxes and
which the municipality may pledge as security for such bonds. All
such bonds shall be, and shall have and are hereby declared to have
all the qualities and incidents of negotiable instruments, under
the Uniform Commercial Code of the state. The bonds shall be
executed in such manner as the governing body of the municipality
may direct. The bonds shall be sold by municipality in such manner
as may be determined to be for the best interest of the
municipality. Any surplus of the bond proceeds over and above the
cost of paying the unfunded liability, plus any amount required for reserves, capitalized interest and costs of issuance thereof or in
the case of refunding bonds over and above the amount necessary to
refund the existing bonds being refunded by such issue, plus any
amount required for reserves, capitalized interest and costs of
issuance thereof, shall be paid into the debt service fund for such
bonds; and
(8) The defined contribution plan established by the
municipality shall:
(A) Meet the federal qualification requirements of 26 U. S. C.
§401 and related sections of the Internal Revenue Code as
applicable to governmental plans;
(B) Set the amount of each employee's contribution and the
amount of each employer's contribution;
(C) Require that the amount of annuity payments a retired
member receives be based solely upon the balance in the member's
annuity account at the date of retirement, the retirement option
selected, or in the event of an annuity option being selected, the
actuarial life expectancy of the member of any other factors that
normally govern annuity payments;
(D) Include detailed provisions that require the prudent and
safe handling of the retirement funds;
(E) Provide retirement options; and
(F) Include any other provision and authorize any policy that
the qualifying municipality determines is necessary or incidental
to the establishment and operation of the defined contribution
plan. The other provisions may include, but are not limited to, the authorization to contract with a one or more private pension,
insurance, annuity, mutual fund or other qualified company or
companies to administer the day-to-day operations of the plan and
to provide investments.
(c) The right of any person to a benefit provided under a
defined contribution plan established by a qualifying municipality
pursuant to this section shall not be subjected to execution,
attachment, garnishment, the operation of bankruptcy or insolvency
laws, or other process whatsoever nor shall any assignment thereof
be enforceable in any court with the exception that the benefits or
contributions under the plan shall be subject to "qualified
domestic relations orders" as that term is defined in 26 U.S.C.
§414 with respect to governmental plans.
(d) The interest earned on any bonds issued under the
authority granted in this section is exempt from any tax imposed
under the provisions of this code.
The bill (Eng. H. B. No. 3203), as amended, was then ordered
to third reading.
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.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, and by unanimous consent,
the bill was advanced to third reading with the unreported Finance
amendment pending and the right for further amendments to be considered on that reading.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 3281, Relating to making it a crime to
alter, destroy, or tamper with computer equipment containing voter
registration information.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §3-9-1 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 9. OFFENSES AND PENALTIES.
§3-9-1. False or fraudulent returns; tampering with, destroying or
misdelivering ballots, records, etc.; forgeries; aiding, etc.,
in offense; penalties.
Every person named and identified in this section, who shall
violate any of the provisions of the election laws as herein
specified, shall be deemed guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment in the penitentiary a state correctional facility for not less than one nor more than ten
years:
(a) Any commissioner of election or poll clerk who shall
knowingly make or cause to be made, or conspire with others to
make, a false return of the result of the votes cast for any
candidate at any precinct in an election held pursuant to law; or
(b) Any commissioner of election receiving the ballot of a
voter to be deposited in the ballot box at any election precinct,
who shall put another ballot in the box instead of the one received
by him; or
(c) Any commissioner of election or poll clerk, who knowingly
shall count and string a ballot not taken from the ballot box, in
lieu of one taken, or which should have been taken from such ballot
box; or
(d) Any commissioner of a county court, whether acting as such
or ex officio as a member of a board of canvassers or otherwise,
clerk of a county court, or other person, who shall, except as
authorized by law, abstract any ballot from any package of ballots
voted, sealed or returned from any election precinct, either before
or after they are filed with the clerk of the county court, or who
shall in any manner change any such ballot from what it was when
voted by the voter, or who shall put another ballot in such package
in the place of the one so abstracted therefrom; or
(e) Any commissioner of a county court, whether acting as such
commissioner or ex officio as a member of a board of canvassers, or
otherwise, who shall knowingly make and enter of record, or in any way aid, counsel or advise the same to be done, or permit the same
to be done without objection on his part, any false or fraudulent
statement of the result of any election held within the county; or
(f) Any person who shall falsely make, or fraudulently deface,
or fraudulently destroy, any certificate of nomination, or any part
thereof, or file any certificate of nomination, knowing the same,
or any part thereof, to be falsely made, or suppress any
certificate of nomination which has been duly filed, or any part
thereof; or erase, deface or change in any manner, any election
record, or any ballot, poll book, tally sheet or certificate of
election, deposited with either of the clerks of the county or
circuit courts; or conspire with another to do any of said acts; or
induce or attempt to induce any other persons to do any of said
acts; or
(g) Any person who shall aid, assist, counsel or advise in the
commission of any of the offenses above specified, whether or not
said acts, or any of them be committed or attempted to be
committed; or
(h) Any person, who, without the assent of another, shall sign
the name of such other person to any certificate, affidavit,
ballot, report, statement or writing, required under any provision
of this chapter, with intent to mislead and deceive; or who shall
use or employ any certificate, affidavit, ballot, report, statement
or writing to which the name of a person has been signed without
the authority of such person, knowing that such name has been so
signed with intent to mislead or deceive; or
(i) Any clerk of a court, poll clerk, member of the board of
ballot commissioners, commissioner of election, or messenger
intrusted with the custody of the ballots, who shall open
unlawfully any of the packages in which the ballots are contained,
or permit any of them to be opened, or destroy any of such ballots,
or permit them to be destroyed, or give, or deliver any such
packages or ballots to any person not lawfully entitled to receive
them, as in this chapter provided, or conspire to procure, or in
any way aid, abet or connive at any robbery, loss or unlawful
destruction of any such ballots or packages; or
(j) Any person not duly authorized by law who shall, during
the progress of any election in this state, or after the closing of
the polls and before the ballots are counted and the results
ascertained, or within twelve months thereafter, open without
breaking, or break open or violate, the seals or locks of any
ballot box, paper, envelope or bag, in which ballots have been
deposited at or after such election, or who shall obtain possession
of such ballot box, paper, envelope or bag containing such ballots,
and cancel, withhold or destroy such ballots, or who shall
fraudulently or forcibly add to or diminish the number of ballots
legally deposited therein, or who shall fraudulently make any
erasure or alteration of any kind, upon any tally sheet, poll book,
list of voters, or election returns, deposited therein; or
(k) Any person who knowingly, willfully and without
authorization from the Secretary of State, a county clerk or
municipal clerk, directly or indirectly, tampers with, deletes, alters, damages or destroys or attempts to tamper with, delete,
alter, damage or destroy any computer or computer network that
contains voter registration files, records or data or who knowingly
introduces, directly or indirectly, a computer contaminant into any
computer, computer program or computer network that contains voter
registration files, records or data; or
(l) Any person who knowingly, directly or indirectly,
accesses, attempts to access, or causes to be accessed any voter
registration files, records or data stored on or in a computer
owned by the Secretary of State, a county commission or
municipality, without authorization; or
(m) Any person employed by the Secretary of State, a county
commission or a municipality who knowingly, directly or indirectly,
accesses, attempts to access or causes to be accessed any voter
registration files, records or data stored on or in a computer in
an unauthorized manner, in excess of his or her authorization or
for unauthorized use or purpose.
The bill (Eng. H. B. No. 3281), as amended, was then ordered
to third reading.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 3328, Changing the name of
the office of emergency services and specifying additional responsibilities.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §15-5-1, §15-5-2, §15-5-3 and §15-5-13 of the Code of
West Virginia, 1931, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.
§15-5-1. Policy and purpose.
In view of the existing and increasing possibility of the
occurrence of disasters of unprecedented size and destructiveness,
resulting from terrorism, enemy attack, sabotage or other hostile
action, or from fire, flood, earthquakes or other natural or
man-made causes and in order to insure that preparations of this
state will be adequate to deal with such disasters, and generally
to provide for the common defense and to protect the public peace,
health and safety and to preserve the lives and property of the
people of the state, it is hereby found and declared to be
necessary: (1) To create a state emergency services agency the
Division of Homeland Security and Emergency Management and to
authorize the creation of local and regional organizations for
emergency services in the political subdivisions of the state; (2)
to confer upon the Governor and upon the executive heads of governing bodies of the political subdivisions of the state the
emergency powers provided herein; (3) to provide for the rendering
of mutual aid among the political subdivisions of the state and
with other states and to cooperate with the federal government with
respect to the carrying out of emergency services and homeland
security functions; (4) and to establish and implement a
comprehensive emergency services plan homeland security and
emergency management plans to deal with such disasters. It is
further declared to be the purpose of this article and the policy
of the state that all emergency services homeland security and
emergency management funds and functions of this state be
coordinated to the maximum extent with the Secretary of the
Department of Military Affairs and Public Safety and with the
comparable functions of the federal government including its
various departments and agencies, of other states and localities
and of private agencies of every type, so that the most effective
preparation and use may be made of the nation's and this state's
manpower, resources and facilities for dealing with any disaster
that may occur.
§15-5-2. Definitions.
As used in this article:
(a) "Emergency services" means the preparation for and the
carrying out of all emergency functions, other than functions for
which military forces are primarily responsible, to protect,
respond and recover, to prevent, detect, deter and mitigate, to
minimize and repair injury and damage resulting from disasters or other event caused by flooding, terrorism, enemy attack, sabotage
or other natural or other man-made causes. These functions
include, without limitation, fire-fighting services, police
services, medical and health services, communications,
radiological, chemical and other special weapons defense,
evacuation of persons from stricken areas, emergency welfare
services, emergency transportation, existing or properly assigned
functions of plant protection, temporary restoration of public
utility services and other functions related to civilian protection
the health, safety and welfare of the citizens of this state,
together with all other activities necessary or incidental to the
preparation for and carrying out of the foregoing functions.
Disaster includes the imminent threat of disaster as well as its
occurrence and any power or authority exercisable on account of a
disaster that may be exercised during the period when there is an
imminent threat thereof;
(b) "Local organization for emergency services" means an
organization created in accordance with the provisions of this
article by state or local authority to perform local emergency
services function;
(c) "Mobile support unit" means an organization for emergency
services created in accordance with the provisions of this article
by state or local authority to be dispatched by the Governor to
supplement local organizations for emergency services in a stricken
area;
(d) "Political subdivision" means any county or municipal corporation in this state;
(e) "Board" means the West Virginia Disaster Recovery Board
created by this article;
(f) "Code" means the code of West Virginia, one thousand nine
hundred thirty-one, as amended;
(g) "Community facilities" means a specific work or
improvement within this state or a specific item of equipment or
tangible personal property owned or operated by any political
subdivision or nonprofit corporation and used within this state to
provide any essential service to the general public;
(h) "Disaster" means the occurrence or imminent threat of
widespread or severe damage, injury, or loss of life or property
resulting from any natural or terrorist or man-made cause,
including weapons of mass destruction, fire, flood, earthquake,
wind, snow, storm, chemical or oil spill or other water or soil
contamination, epidemic, air contamination, blight, drought,
infestation or other public calamity requiring emergency action;
(i) "Disaster recovery activities" means activities undertaken
prior to, during or following a disaster to provide, or to
participate in the provision of, emergency services, temporary
housing, residential housing, essential business activities and
community facilities;
(j) "Emergency services" means the preparation for and the
carrying out of all emergency functions to prevent, minimize and
repair injury and damage resulting from a disaster, including,
without limitation, fire-fighting services, police services, medical and health services, communications, evacuation of persons
and property from stricken areas, welfare services, transportation,
temporary restoration of public utility services, and other
functions related to the health, safety and welfare of the citizens
of this state, together with all other activities necessary or
incidental to the preparation for and the carrying out of the
foregoing functions;
(k) (j) "Essential business activities" means a specific work
or improvement within this state or a specific item of equipment or
tangible personal property used within this state by any person to
provide any essential goods or service deemed by the authority to
be necessary for recovery from a disaster;
(l) (k) "Person" means any individual, corporation, voluntary
organization or entity, partnership, firm or other association,
organization or entity organized or existing under the laws of this
or any other state or country;
(m) (l) "Recovery fund" means the West Virginia Disaster
Recovery Trust Fund created by this article;
(n) (m) "Residential housing" means a specific work or
improvement within this state undertaken primarily to provide
dwelling accommodations, including the acquisition, construction or
rehabilitation of land, buildings and improvements thereto, for
residential housing, including, but not limited to, facilities for
temporary housing and emergency housing, and such other nonhousing
facilities as may be incidental or appurtenant thereto; and
(o) (n) "Temporary housing" means a specific work or improvement within this state undertaken primarily to provide
dwelling accommodations, including the acquisition, construction or
rehabilitation of land, buildings and improvements thereto, for
temporary residential shelters or housing for victims of a disaster
and such other nonhousing facilities as may be incidental or
appurtenant thereto; and
(o) "Secretary" means the Secretary of the West Virginia
Department of Military Affairs and Public Safety.
§15-5-3. Division of Homeland Security and Emergency Management
created.
There is hereby created within the office of the governor an
office to be known as (a) The Office of Emergency Services, is
continued as the Division of Homeland Security and Emergency
Management within the Department of Military Affairs and Public
Safety. All of the allied, advisory, affiliated or related
entities and funds associated with the Office of Emergency Services
and all its functions, personnel and property, are transferred to,
incorporated in and administered as a part of the Division of
Homeland Security and Emergency Management. Wherever the words
"Office of Emergency Services" appear in this code, they shall mean
the Division of Homeland Security and Emergency Management.
(b) A Director of the office of emergency services hereinafter
called the director, Division of Homeland Security and Emergency
Management shall be appointed by the Governor, in accordance with
the provisions of section two-a, article seven, chapter six of this
code. On and after the effective date of this article, the director of civil and defense mobilization referred to in said section two-a
shall be known and designated as the director of emergency
services. by and with the advice and consent of the Senate. The
Governor shall consider applicants for Director who at a minimum:
(1) Have at least five years managerial or strategic planning
experience; (2) are knowledgeable in matters relating to public
safety, homeland security, emergency management and emergency
response; and (3) have, at a minimum, a federally issued secret
level security clearance or have submitted to or will submit to a
security clearance investigation for the purpose of obtaining, at
a minimum, a federally issued secret level security clearance.
(c) The Director may employ such technical, clerical,
stenographic and other personnel and, fix their compensation and
may make such expenditures within the appropriation therefore to
the Division or from other funds made available to him for the
purpose of providing emergency homeland security and emergency
management services as may be necessary to carry out the purpose of
this article. Employees of the office of emergency services
Division of Homeland Security and Emergency Management shall be
members of the State Civil Service System and all appointments of
the office, except those required by law to be exempt, shall be a
part of the classified service under the Civil Service System.
(d) The Director and other personnel of the office of
emergency services Division of Homeland Security and Emergency
Management shall be provided with appropriate office space,
furniture, equipment, supplies, stationery and printing in the same manner as provided for personnel of other state agencies.
(e) The Director, subject to the direction and control of the
Governor, through the Secretary of the Department of Military
Affairs and Public Safety, shall be executive head of the office of
emergency services Division of Homeland Security and Emergency
Management and shall be responsible to the Governor and the
Secretary of the Department of Military Affairs and Public Safety
for carrying out the program for emergency services homeland
security and emergency management in this state. He The Director
in consultation with the Secretary of the Department of Military
Affairs and Public Safety shall coordinate the activities of all
organizations for emergency services homeland security and
emergency management within the state and maintain liaison with and
cooperate with homeland security, emergency management and other
emergency service and civil defense agencies and organizations of
other states and of the federal government and shall have such
additional authority, duties and responsibilities authorized by
this article as may be prescribed by the Governor or the Secretary
of the Department of Military Affairs and Public Safety.
(f) The Director shall have the power to acquire in the name
of the state by purchase, lease or gift, real property and rights
or easements necessary or convenient to construct thereon the
necessary building or buildings for housing and emergency services
homeland security and emergency management control center.
The office of emergency planning in the department of finance
and administration is hereby abolished and its functions, personnel and property transferred to the office of emergency services. The
department of civil and defense mobilization is hereby abolished
and its functions, personnel and property transferred to the office
of emergency services.
§15-5-13. Appropriations; acceptance of services, gifts, grants
and loans.
(a) Each political subdivision shall have the power to make
appropriations in the manner provided by law for making
appropriations for the ordinary expenses of such political
subdivision for the payment of expenses of its local organization
for emergency services or of its proportionate share of expenses of
a regional organization for emergency services, or both.
(b) Whenever the federal government or any agency or officer
thereof shall offer to any authority, corporation, partnership or
other entity, public or private or the state, or through the state
to any political subdivision thereof, services, equipment,
supplies, materials or funds by way of gift, grant or loan, for
purposes relating to homeland security or emergency services, the
state, after consultation and in coordination with the Secretary
and acting through the Governor, or such a political subdivision,
after consultation and in coordination with the Secretary and
acting with the consent of the Governor and through its executive
officer or governing body, may accept such the offer. and upon such
Upon acceptance, the Governor of the state or executive officer or
governing body of such the political subdivision may authorize any
officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials or
funds on behalf of the state or such the political subdivision and
subject to the terms of the offer and the rules and regulations, if
any, of the agency making the offer.
(c) Whenever any person, firm or corporation shall offer to
the state or to any political subdivision thereof, services,
equipment, supplies, materials or funds by way of gift, grant or
loan, for purposes relating to homeland security or emergency
services, the state, after consultation and in coordination with
the Secretary and acting through the Governor, or such the
political subdivision, after consultation and in coordination with
the Secretary and acting through its executive officer or governing
body, may accept such the offer. and upon such Upon acceptance, the
Governor of the state or executive officer or governing body of
such the political subdivision may authorize any officer of the
state or of the political subdivision, as the case may be, to
receive such services, equipment, supplies, materials or funds on
behalf of the state or such the political subdivision and subject
to the terms of the offer.
(e) The Governor may require any agency, authority,
corporation, partnership or other entity to furnish a report, in
both written and electronic form, detailing the source and receipt
of all services, equipment, supplies, materials or funds for
purposes relating to homeland security or emergency services as a
condition of receiving these from the state. Within ten days of
the receipt of any reports required under this subsection, the Governor shall furnish copies thereof to the Legislature.
The bill (Eng. Com. Sub. for H. B. No. 3328), as amended, was
then ordered to third reading.
Eng. House Bill No. 3340, Excluding certain employment-related
expenses from the definition of gross income for purposes of
determining child support.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 3356, Powers and duties of solid waste
management board.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:
On page two, section twenty-six, line four, by striking out
the word "authority" and inserting in lieu thereof the word
"authorities";
On page three, section twenty-six, line nine, by striking out
the words "operates a" and inserting in lieu thereof the word
"operate";
On page three, section twenty-six, line ten, by striking out
the word "facility" and inserting in lieu thereof the word
"facilities";
On pages three through eight, by striking out all of sections
three and four;
On page eight, section nine-a, line eight, after the word
"county" by inserting the words "and regional solid waste
authority";
On page eight, section nine-a, lines nine and ten, by striking
out the words "and regional solid waste authority that operates a
commercial solid waste facility";
And,
On page two, by striking out the enacting section and
inserting in lieu thereof a new enacting section, to read as
follows:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto two new sections, designated §22C-3-26 and §22C-
4-9a, all to read as follows:.
The bill (Eng. H. B. No. 3356), as amended, was then ordered
to third reading.
Eng. House Bill No. 3361, Relating to the West Virginia Sunset
Law.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Government Organization, were reported by the Clerk, considered
simultaneously, and adopted:
On page three, section four, line fifteen, after the word
"Board;" by inserting the words "Public Land Corporation;";
On page three, section four, line thirty, after the word
"Compensation" by changing the semicolon to a period and striking out the words "and Public Land Corporation.";
On page seven, section five, line fifty-four, after the word
"Board;" by inserting the words "West Virginia Prosecuting
Attorneys Institute;";
On page seven, section five, lines sixty-two and sixty-three,
by striking out the words "West Virginia Prosecuting Attorneys
Institute;";
On page ten, section five-b, lines nineteen and twenty, by
striking out the words "Board of Examiners of Psychologists;";
On page eleven, section five-b, after line thirty-eight, by
inserting a new subsection, designated subsection (6), to read as
follows:
(6) On the first day of July, two thousand twelve: Board of
Examiners of Psychologists.;
And,
By renumbering the remaining subdivisions.
The bill (Eng. H. B. No. 3361), as amended, was then ordered
to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Eng. Com. Sub. for House Bill No. 2111, Authorizing paramedics
to practice in hospital emergency rooms.
Eng. Com. Sub. for House Bill No. 2371, Authorizing
collaborative pharmacy practice agreements between pharmacists and
physicians and specify requirements for the agreements.
Eng. House Bill No. 2885, Relating to tuberculosis testing,
control, treatment and commitment.
Eng. House Bill No. 2937, Relating to the replacement of
individual life insurance policies and annuity contracts.
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.
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.
Eng. House Bill No. 3094, Relating to child support and
enforcement.
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.
Eng. Com. Sub. for House Bill No. 3138, Relating to requiring
health insurance plans to cover the cost of contraceptives.
Eng. House Bill No. 3153, Establishing the crime of railroad
vandalism.
And,
Eng. House Bill No. 3360, Requiring the IS & C Director to
create and maintain an information systems disaster recovery
system.
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 Senator Facemyer.
Thereafter, at the request of Senator Sprouse, and by
unanimous consent, the remarks by Senator Facemyer were ordered
printed in the Appendix to the Journal.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2802, Updating provisions pertaining to
commercial driver's licenses to conform with federal law.
With amendments from the Committee on Transportation and
Infrastructure pending;
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 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. 2891, Relating to the reorganization of
the executive branch of state government.
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. H. B. No. 2891) 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. 3002, Removing the thirty-day deadline for
submitting party designations to be eligible to vote in the primary
election.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 3002) 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. 3216, Describing the scope and limitations
of legislative immunity.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 3216) 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.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
Executive Communications
Senator Tomblin (Mr. President), laid before the Senate the
following communication from His Excellency, the Governor:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 7, 2005
Senate Executive Message No. 4
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I am respectfully withdrawing the following appointment from
Senate Executive Message No. 3 dated April 4, 2005:
20.For Member, Education Commission of the States, Charles
Polk, Beckley, Raleigh County, to serve at the will and pleasure of
the Governor.
Thank you for correcting your records.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee
on Confirmations.
The Senate again proceeded 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
Senate Bill No. 145, Budget bill.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 145 (originating in the
Committee on Finance)--A Bill making appropriations of public money
out of the treasury in accordance with section fifty-one, article
VI of the Constitution.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 145) 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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 65, Designating month of
December, 2005, Legislators Back to School Month.
And,
House Concurrent Resolution No. 69, Recognizing the importance
of the Health Sciences and Technology Academy (HSTA) and its significant contribution to African American and under represented
high school students.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure
, submitted the following report, which was received:
Your Committee on
Transportation and Infrastructure
has had
under consideration
Senate Concurrent Resolution No. 75, Requesting Division of
Highways name bridge crossing Guyandotte River at Allen Junction,
Wyoming County, "Staff Sergeant Grover Robert Taylor Memorial
Bridge".
Senate Concurrent Resolution No. 85, Requesting Division of
Highways name bridge on State Route 2 crossing Buffalo Creek at
Wellsburg, Brooke County, "John G. Chernenko Bridge".
Senate Concurrent Resolution No. 86, Requesting Division of
Highways name bridge on Route 16 at Corrine, Wyoming County, "Paul
and Roger Harsanyi Memorial Bridge".
And,
Senate Concurrent Resolution No. 88, Requesting Department of
Transportation name Division of Motor Vehicles' facility in
Williamson, Mingo County, "Tom C. Chafin Division of Motor Vehicles
Memorial Facility".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
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. 2163, Eliminating the
set-off against unemployment compensation benefits for persons
receiving social security benefits.
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. 2163) 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 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. 2266, Imposing a one hundred
dollar per year fee for licenses allowing wine sampling events by wine retailers.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on April 6, 2005;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
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. 2450, Relating to a child's right to
nurse.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Unger, from the Committee on
Transportation and
Infrastructure
, submitted the following report, which was received:
Your Committee on
Transportation and Infrastructure
has had
under consideration
Eng. House Bill No. 2853, Relating to the West Virginia Courtesy Patrol Program.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 3089, Adding a
representative to the trucking advisory committee and adding routes
to the coal resource transportation road system in Braxton and
Webster counties.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, Engrossed House Bill No. 2853 contained in the preceding
report from the Committee on Transportation and Infrastructure was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with amendments from
the Committee on Transportation and Infrastructure pending.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of Engrossed Committee Substitute for
House Bill No. 3089 contained in the foregoing report from the
Committee on Transportation and Infrastructure.
At the request of Senator Unger, unanimous consent being
granted, Engrossed Committee Substitute for House Bill No. 3089 was
taken up for immediate consideration, read a first time and ordered
to second reading.
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. 2855, Retaining seniority
for professional personnel who voluntarily terminate employment.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2855) 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.
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. 2984, Discontinuing the loan program
participation of teachers and nonteachers who become members of the Teachers Retirement System on or after July 1, 2005.
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. 2984) 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 Sharpe, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 3104, Relating to the payment of
telecommunications charges.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
William R. Sharpe, Jr.,
Vice Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 3104) 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 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. 3130, Requiring local boards
of health to conduct inspections of all elementary and secondary
schools.
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. Com. Sub. for H. B. No. 3130) 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 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. 3151, Regulating dialysis technicians by
the Board of Examiners for Registered Professional Nurses.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezisoso, unanimous consent being
granted, the bill (Eng. H. B. No. 3151) contained in the preceding
report from the Committee on Health and Human Resources 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. 3236, Relating to the special reclamation
tax and special tax on coal production, providing that both of
these taxes apply to thin seam coal and providing that the special
reclamation tax subject to the West Virginia Tax Crimes and
Penalties Act and the West Virginia Tax Procedure and
Administration Act.
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. 3236) 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 Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
House Concurrent Resolution No. 30, Recognizing the need to
increase resources and make other changes essential to the
elimination of racial and ethnic health disparities in West
Virginia.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
House Concurrent Resolution No. 31, Recognizing the importance
of increasing funding to the special five-year demonstration
professional development school project.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Finance.
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. 2229, Providing for the
temporary detention of juvenile perpetrators of domestic violence.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2229) 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. 2444, Mandatory
participation in the motor vehicle alcohol test and lock program
for repeat offenders.
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. 2444) 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. 2878, Relating to allowing
the fraud unit to investigate the forgery of insurance documents.
With amendments from the Committee on
Banking and Insurance
pending;
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on April 6, 2005;
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.
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. Com. Sub. for House Bill No. 2991, Providing criminal
penalties for aiding escape and specifying items that are unlawful
to deliver to or be possessed by individuals in custody or
confinement.
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. 2991) 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. 3049, Creating a new crime
of wanton endangerment involving the use of fire and imposing a
criminal penalty for such crime.
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. 3049) 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. 3145, Providing immunity
from civil damages for persons who volunteer their services at the
public health departments.
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. 3145) 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. 3178, Relating to domestic
violence and clarifying when permanent injunctions and other
provisions may be granted in final divorce orders.
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. 3178) 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. 3212, Creating the felony offense of
intimidation of and retaliation against informants who provide
information to law enforcement officers, and establishing related
criminal penalties.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 3212) 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. 3258, Permitting the sale of
nonintoxicating beer within a certain distance from a church that
consents to the sale.
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 requested unanimous consent that the bill
(Eng. H. B. No. 3258) contained in the preceding report from the
Committee on the Judiciary be taken up for immediate consideration.
Which consent was not granted, Senator Harrison objecting.
On motion of Senator Kessler, the bill (Eng. H. B. No. 3258)
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. 3280, Relating to modifying the review by
the Public Service Commission of public convenience and necessity
applications where the project has been approved by the
Infrastructure and Jobs Development Council.
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.
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, Friday, April 8, 2005, at 11 a.m.
____________