WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
EXTENDED SESSION, 2005
SIXTY-FOURTH DAY
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Charleston, W. Va., Wednesday, April 13, 2005
The Senate met at 6 p.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Walt Helmick, a senator
from the fifteenth district.
Pending the reading of the Journal of Tuesday, April 12, 2005,
On motion of Senator Bowman, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
that that body had agreed to the appointment of a committee of
conference of six from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 2005, Budget Bill, making
appropriations of public money out of the treasury in accordance
with section fifty-one, article six of the Constitution.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Michael, Doyle, Leach, Kominar, Williams and Hall.
The Senate next proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 12th day of April, 2005, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2128), Authorizing the Executive
Director of the Regional Jail and Correctional Facility Authority
to establish an inmate furlough program.
(Com. Sub. for H. B.
No. 2174), Developing a procedure to
notify licensed professionals who are mandated to report child
abuse and neglect of the disposition of the investigation into the
report.
(H. B. No. 2350), Relating to conditions for awarding teaching
certificates.
(Com. Sub. for H. B.
No.
2381), Authorizing patients or
residents of certain health care facilities or homes to designate
nonrelatives to receive the same visitation privileges as immediate
family members.
(Com. Sub. for H. B.
No. 2477), Relating to exemptions from
execution or other judicial process in consumer credit transaction
or consumer leases.
(H. B. No. 2497), Providing that a truck with four axles in
combination with a trailer with two axles is limited to a max gross weight of eighty thousand pounds with a tolerance of ten percent.
(H. B. No. 2527), Authorizing employees of the multicounty
vocational schools to administer the performance tests of service
personnel in the counties served by the school.
(Com. Sub. for H. B.
No. 2592), Relating to the design-build
procurement act.
(H. B. No. 2813), Relating to requirements for certificate of
public convenience and necessity.
(H. B. No. 2960), Permitting licensed restaurants to sell
sealed bottles of wine produced by a member of the West Virginia
Farm Wineries Association for consumption off the premises.
(Com. Sub. for H. B. No.
2973), Allowing broker/dealers, in
addition to banks, to act as custodians of insurance company
securities.
(Com. Sub. for H. B.
No. 2981), Finding and declaring certain
claims against the state and its agencies to be moral obligations
of the state and directing the Auditor to issue warrants for the
payment thereof.
(Com. Sub. for H. B.
No. 3012), Exempting property acquired by
lease purchase agreement by the state, a county, district, city,
village, town or other political subdivision, state college or
university, from property tax.
(Com. Sub. for H. B.
No. 3033), Extending the temporary
special reclamation tax for an additional twenty-four months.
(H. B. No. 3105), Creating a special revenue fund for the
provision of occupational safety and health initiatives.
(H. B. No. 3106), Relating to the ability of the public
employees insurance agency to participate in the investment pools
of the investment management board.
(H. B. No. 3219), Amending the provisions of the West Virginia
Victims of Crime Compensation Act to make it clear that persons
holding authority with respect to the victim by power of attorney
or other authority have the authority to assert claims.
(H. B. No. 3293), Establishing residential treatment programs
for regional jail inmates who are abusers of alcohol and other
drugs.
And,
(H. B. No. 3357), Streamlined sales and use tax
administration.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 13th day of April, 2005, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 42), Limiting liability for waste tire remediation costs for certain owner of real property.
(S. B. No. 122), Allowing certain state-chartered banks to
organize as limited liability companies.
(S. B. No. 183), Authorizing warden to allow withdrawal from
inmate's savings account in certain cases.
(S. B. No. 222), Relating to membership of Workforce
Investment Council.
(Com. Sub. for S. B. No. 238), Including steel railroad track
and track material under statutory provisions involving purchase of
scrap metal.
(Com. Sub. for S.B. No. 287), Transferring authority to
propose water quality standard rules to Department of Environmental
Protection.
(Com. Sub. for S. B. No. 401), Relating to institutional
boards of governors at certain community an technical colleges.
(S. B. No. 417), Providing for organization and joint
ownership of joint development entities by municipalities and
certain authorities.
(Com. Sub. for S. B. No. 580), Prohibiting political
subdivisions from regulating seeds.
(S. B. No. 614), Updating meaning of certain terms used in
Corporation Net Income Tax Act.
And,
(S. B. No. 623), Updating meaning of certain terms used in
Personal Income Tax Act.
Respectfully submitted,
Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator Chafin then moved that the Senate adjourn until
tomorrow, Thursday, April 14, 2005, at 11 a.m.
The question being on the adoption of Senator Chafin's motion,
and on this question, Senator Chafin demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Boley, Bowman,
Caruth, Chafin, Dempsey, Edgell, Facemyer, Foster, Harrison,
Helmick, Jenkins, Kessler, McCabe, Minard, Minear, Plymale,
Prezioso, Sharpe, Weeks, White and Tomblin (Mr. President)--22.
The nays were: Fanning, Hunter, Love, McKenzie, Oliverio,
Sprouse, Unger and Yoder--8.
Absent: Barnes, Deem, Guills and Lanham--4.
So, a majority of those present and voting having voted in the
affirmative, the President declared Senator Chafin's motion had
prevailed.
In accordance with the foregoing motion, the Senate adjourned
until tomorrow, Thursday, April 14, 2005, at 11 a.m.
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