sdj-37th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
THIRTY-SEVENTH DAY
____________

Charleston, W. Va., Thursday, February 16, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Most Reverend Michael J. Bransfield, Bishop, Roman Catholic Diocese of Wheeling-Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, February 15, 2006,
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.
At the request of Senator Chafin, unanimous consent being granted, the Senate proceeded to the sixth order of business.
Senators Tomblin (Mr. President), 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 Yoder offered the following resolution:
Senate Resolution No. 19--Recognizing the 15th anniversary of USS West Virginia.
Whereas, On October 20, 2005, the officers and crew of USS West Virginia (SSBN 736) celebrated the 15th anniversary of the ballistic missile trident submarine; and
Whereas, The USS West Virginia (SSBN 736) was commissioned October 20, 1990, and is home ported in Kings Bay, Georgia. It is the first submarine and the third U. S. naval ship to bear the name of our state. The USS West Virginia (ACR-5) was commissioned in 1905 and the USS West Virginia (BB 48) was commissioned in 1923; and
Whereas, The USS West Virginia (SSBN 736) is 560 feet long, displaces 18,750 tons of water submerged, carries the Navy's sixth generation Fleet Ballistic Missile System, provides the nation's most enduring nuclear strike capability and has served as a significant deterrent to aggression and major war; and
Whereas, The USS West Virginia (SSBN 736) has two crews of 168 men, named the Blue and Gold, which represent the official colors of the State of West Virginia; and
Whereas, The Senate is proud of the USS West Virginia (SSBN 736), its commanding officer, CDR Doug Arnold, and her crew members who are professionals sworn to uphold their duties to protect our nation from all enemies, foreign and domestic; and
Whereas, The Senate is honored and privileged that the crew of the "Silent Service" call themselves Mountaineers and have adopted the state's motto of Montani Semper Liberi, Mountaineers are always free; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the 15th anniversary of the USS West Virginia; and, be it
Further Resolved, That the Senate expresses its appreciation to the commanding officer, CDR Doug Arnold, and the crew of the USS West Virginia (SSBN 736) for their dedication and commitment; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to CDR Doug Arnold, commanding officer of the USS West Virginia.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Prezioso and Kessler offered the following resolution:
Senate Resolution No. 20--Recognizing the humanitarian efforts of Marion County Technical Center students for assisting in the aftermath of Hurricane Katrina.
Whereas, In January 2006, building construction students from the Marion County Technical Center voluntarily traveled to Algiers, Louisiana, to offer their assistance in the aftermath of Hurricane Katrina; and
Whereas, While in Louisiana, these students were able to fulfill community service by performing many facets of the construction profession; and
Whereas, These outstanding students, consisting of Ethan Allan, Daniel Bartolf, Zack Eakle, Donald Edwards, Joey Evans, Aaron Justice, Eric Lucas, Keith Smallwood, Christopher Stone, John Williams and Travis Wolfe, along with their chaperones, John Pheasant, John L. Pheasant, Dennis Markel and Kevin Lough, are to be commended for their unselfish efforts in assisting their fellow Americans during a time of tragedy; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the humanitarian efforts of Marion County Technical Center students for assisting in the aftermath of Hurricane Katrina; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the students of Marion County Technical Center and their chaperones who participated in this outstanding humanitarian effort.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order, which agenda includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return from the House of Delegates of
Eng. Senate Bill No. 557, Removing requirement for Shady Spring Turnpike interchange construction; restoring tolls to prior rates.
Having been advanced to third reading with the right to amend on Tuesday, February 14, 2006, and having been amended and passed by the Senate on yesterday, Wednesday, February 15, 2006,
The bill now being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote as to the effective date and passage.
The vote thereon having been reconsidered,
Thereafter, on motion of Senator Helmick, the following amendment to the bill was reported by the Clerk:
On page thirteen, section thirteen, line twenty-five, after the word "purposes" by changing the colon to a period and striking out the following proviso: Provided, That upon enactment of this legislation passed during the two thousand six regular session, the amount and rates of tolls charged shall be restored to the amount and rates charged as of the thirty-first day of December, two thousand five.
Following discussion,
The question being on the adoption of Senator Helmick's amendment to the bill (Eng. S. B. No. 557), the same was put and prevailed.
Thereafter, at the request of Senator Weeks, and by unanimous consent, the remarks by Senator Caruth regarding the adoption of Senator Helmick's amendment to Engrossed Senate Bill No. 557 were ordered printed in the Appendix to the Journal.
The bill, as just amended, was again ordered to engrossment.
Engrossed Senate Bill No. 557 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Sharpe, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Sprouse and Weeks--2.
Absent: Oliverio--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 557) passed.
On motion of Senator Helmick, the following amendment to the title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 557--A Bill to amend and reenact §17-16A- 6, §17-16A-11 and §17-16A-13 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Parkways, Economic Development and Tourism Authority; and removing the requirement that a Shady Spring connector be completed before additional bonds are authorized.
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, Plymale, Prezioso, Sharpe, Unger, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Sprouse and Weeks--2.
Absent: Oliverio--1.
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. 557) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4072--A Bill to amend and reenact §19-20-12 of the Code of West Virginia, 1931, as amended, relating to protection of registered dogs; prohibiting a person not the owner of a registered dog from removing tags, collars or apparel from a registered dog or turning off a radio transmitting collar without the permission of the owner; providing for limited exceptions thereto; and establishing related penalties.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4105--A Bill to amend and reenact §38-5A-2 of the Code of West Virginia, 1931, as amended, relating to suggestions of salary and wages of persons engaged in private employment; requiring these persons to notify the clerk of the court issuing the execution of changes of job status or employer; making the failure to notify a misdemeanor; providing a criminal penalty; and exempting persons subject to child support orders from notification requirement.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4260--A Bill to amend and reenact §18-2E-5b of the Code of West Virginia, 1931, as amended, relating to review of system of education performance audits; findings; system goals; additional specific objectives; and reports to oversight commission.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4309--A Bill to amend and reenact §17G-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17G-2-1 and §17G-2-3 of said code, all relating to the collection of racial profiling data; defining the types of stops not requiring data collection; setting forth types of racial profiling information to be collected during law- enforcement traffic stops; determination of the dimensions, size and format of the data collection form; providing dates for a preliminary and a final comprehensive report; and modifying the effective date and termination date of the chapter.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4355--A Bill to amend and reenact §48-27- 403 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5-7 and §49-5-8 of said code, all relating to custody by law-enforcement officials of juveniles who are respondents in an emergency productive order in which the petitioner resides with the juvenile respondent.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4447--A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended, relating to authority of county boards of education; requiring proof of vehicle safety and driver training, certification and background before transporting students in certain vehicles; state board rule required; authorization to lease school buses for transportation associated with fairs, festivals and other educational and cultural events; requiring that only county- employed bus drivers operate leased buses; and requiring the lessee to pay all costs and expenses involved in the lease to the county board of education.
Referred to the Committee on Education; and then to the Committee on Finance.
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. 36--Requesting the Division of Highways name the bridge located on Corridor H, U. S. Route 33, spanning the Tygart Valley River at the county lines of Barbour and Randolph (Bridge #42-33-0.01), the "Michael A. 'Mikey' Hart Memorial Bridge".
Whereas, Michael A. "Mikey" Hart was born on June 26, 1972, in Elkins, Randolph County, West Virginia, the son of Michael L. Hart and Louise Simmons Hart. He was raised in nearby Belington, Barbour County, West Virginia, and graduated from Philip Barbour High School in 1990; and
Whereas, From his early childhood, Mikey Hart's passion was to be involved in the emergency and fire protection services, which did not surprise anyone since his father, grandfather and numerous uncles had served a combined 190 years providing emergency and fire protection services to the respective communities; and
Whereas, Upon receiving his education in public fire protection, Mikey Hart returned to his hometown of Belington and began serving as a volunteer firefighter for the Belington Volunteer Fire Department. Throughout his life Mikey Hart was committed to excelling at, and providing the highest quality of, fire protection and paramedic services to the communities in which he lived and worked. During the course of his career, Mikey Hart became certified not only as a paramedic, but also as a firefighter level three, as a fire officer and as a certified rescue scuba diver; and
Whereas, In 1993 Mikey Hart met the true passion of his life when he fell in love with Judith Ann Coberly. Mikey and Judy were married on September 9, 1995, following which were born to them two beautiful children, Kelsey Nicole Hart and Zachery Seth Hart, who are now 7 and 3 years old, respectively; and
Whereas, From 1996 to 2005 Mikey Hart served not only as a faithful and devoted husband and father, but also as an employee for the West Virginia cities of Clarksburg, Bridgeport and Elkins as a firefighter and paramedic; and
Whereas, During his life Mikey Hart not only took the opportunity to continually pursue education and training in the provision of emergency services, but he also relished the opportunity to teach and train others who shared his passion and zeal to excel at providing fire protection services. Mikey Hart served as an adjunct instructor for West Virginia University fire service extension and a RESA instructor teaching fire and rescue classes and was instrumental in developing the current truck company class that the West Virginia University fire service extension is presently teaching. Mikey Hart was also a hazmat tech where he was a member of West Virginia Regional Response Team and had participated in the making of the movie "Ladder 49". Mikey Hart simply led by example by becoming the best that he could be and encouraged others to do the same; and
Whereas, On the night of December 20, 2005, Mikey Hart was returning home on Rt. 250 North from Huttonsville, West Virginia, where he had just finished assisting his father in teaching a RESA class on Firefighter I, when a logging truck lost control and crossed the center line of the divided highway, striking Mikey Hart's vehicle head-on, killing him instantly; and
Whereas, Because the untimely and premature death of Mikey Hart has been a tremendous loss for his family, the communities of Belington, Bridgeport, Clarksburg and Elkins and for the entire fire service protection communities across West Virginia, the West Virginia House of Delegates hereby declares that the life of Mikey Hart has served as an inspiration to all West Virginians to give to their communities more than they ever expect to get from it; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge located on Corridor H, U. S. Route 33, spanning the Tygart Valley River at the county lines of Barbour and Randolph (Bridge #42-33-0.01), the "Michael A. 'Mikey' Hart Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Michael A. 'Mikey' Hart Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to Judith Ann Hart and the Secretary of the Department of Transportation.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 47, Prohibiting local ordinances from discriminating against factory-built housing.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 71 (originating in the Committee on Government Organization), Relating to development of commercial prisons.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 71 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §25-5-1, §25-5-2, §25-5-4, §25-5-5, §25-5-8, §25-5-11, §25-5-12, §25-5-15, §25-5-19 and §25-5-20 of the Code of West Virginia, 1931, as amended, all relating to commercial prisons; setting forth legislative findings; requiring Commissioner of the Division of Corrections to develop certain plans; giving the commissioner broad authority to impose requirements, require reports and impose timetables for compliance; restricting certain offenders from being incarcerated in commercial prison facilities; reducing the amount of time that a contractor has to abate a violation; prescribing the number of commissioner's representatives that may be employed at each commercial facility for monitoring purposes; increasing bonding requirements for contractors; requiring background checks for employees at commercial facilities; and requiring contractors to be responsible for certain costs.
With the recommendation that the committee substitute for committee substitute do pass; but under the original triple committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for Com. Sub. for S. B. No. 71), under the original triple committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 94, Providing wrecker services certain exemptions from Public Service Commission regulations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 94 (originating in the Committee on Government Organization)--A Bill to amend and reenact §24A-1-3 of the Code of West Virginia, 1931, as amended, relating to wrecker services; and exempting wrecker services from regulation by the Public Service Commission.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 94), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 157, Allowing municipalities use certain information to collect debts.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 269, Relating to parity for state-chartered banks' investments.
With an amendment from the Committee on Banking and Insurance pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred.
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
Senate Bill No. 302, Authorizing Department of Agriculture promulgate legislative rule relating to Voluntary Farmland Protection Program.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary.
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. 306, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to benefit determination and appeals.
And,
Senate Bill No. 374, Authorizing Division of Motor Vehicles promulgate legislative rule relating to denial, suspension, revocation, restriction or nonrenewal of driving privileges.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.
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. 328, Authorizing Board of Dental Examiners promulgate legislative rule relating to fees established by board.
Senate Bill No. 351, Authorizing Department of Health and Human Resources promulgate legislative rule relating to regulation of opioid treatment programs.
Senate Bill No. 387, Authorizing Board of Optometry promulgate legislative rule relating to schedule of fees.
Senate Bill No. 392, Authorizing Radiologic Technology Board of Examiners promulgate legislative rule relating to board.
Senate Bill No. 402, Authorizing Statewide Addressing and Mapping Board promulgate legislative rule relating to standard fees for planimetric elevation data.
And,
Senate Bill No. 408, Authorizing Board of Veterinary Medicine promulgate legislative rule relating to schedule of fees.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
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. 340, Authorizing State Fire Commission promulgate legislative rule relating to standards for certification and continuing education of municipal, county and other public sector building code officials, building code inspectors and plans examiners.
And,
Senate Bill No. 401, Authorizing Statewide Addressing and Mapping Board promulgate legislative rule relating to final distribution and use of Statewide Addressing and Mapping Fund.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
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. 348, Authorizing Department of Health and Human Resources promulgate legislative rule relating to fees for permits.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Finance pending.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 396, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Board.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 396 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 4, 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; and authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to the Ron Yost Personal Assistance Services Board.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 405, Authorizing Division of Tourism promulgate legislative rule relating to Direct Advertising Grants Program.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Finance pending.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 428, Providing uniformity in purchasing card procedures.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 428 (originating in the Committee on Government Organization)--A Bill to amend and reenact §12-3-10a, §12-3-10d and §12-3-10e of the Code of West Virginia, 1931, as amended, all relating to Purchasing Card Program; expanding purchasing card use for state agencies; authorizing additional uses for money from the Purchasing Card Administration Fund; and increasing the membership of the Purchasing Card Advisory Committee.
And,
Senate Bill No. 490, Providing gasoline excise tax exemption for certain county aging programs.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 490 (originating in the Committee on Government Organization)--A Bill to amend and reenact §11-14C-9 of the Code of West Virginia, 1931, as amended, relating to motor fuel excise tax; and exempting county aging programs from tax.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bills (Com. Sub. for S. B. Nos. 428 and 490), under the original double committee references, were then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 455, Relating to refusal to enforce priority of legislative business.
And,
Senate Bill No. 551, Relating to involuntary commitment process for addicted persons.
And reports the same back with the recommendation that they each 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
Senate Bill No. 476, Requiring state examination and registration boards provide public websites.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 492, Providing indemnity agreements in motor carrier transportation contracts void.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 492 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-6-7, relating to providing that indemnity agreements in motor carrier transportation contracts are void and unenforceable as against public policy.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 492), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 511, Relating to municipal policemen's and firemen's pension funds.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 511 (originating in the Committee on Pensions)--A Bill to amend and reenact §8-22-19 and §8-22-20 of the Code of West Virginia, 1931, as amended, all relating to municipal policemen's and firemen's pension and relief funds; authorizing a municipality which makes an excess alternate contribution at a certain level to a pension and relief fund to increase employee contributions to the fund by one percent; and permitting excess contributions to be excluded from calculation of the following year's minimum contribution.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill (Com. Sub. for S. B. No. 511), 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
Senate Bill No. 529, Updating meaning of certain terms used in state Personal Income Tax Act.
And,
Senate Bill No. 530, Updating meaning of certain terms used in state Corporation Net Income Tax Act.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
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. 1, Requesting Division of Highways name bridge at Allen Junction, Wyoming County, "Staff Sergeant Grover Robert Taylor Memorial Bridge".
Senate Concurrent Resolution No. 15, Requesting Department of Transportation name Division of Motor Vehicles' facility in Williamson, Mingo County, "Tom C. Chafin Division of Motor Vehicles Memorial Facility".
And,
Senate Concurrent Resolution No. 19, Requesting Division of Highways name bridge at Miller's Creek, Mingo County, "Arnold J. Starr Memorial Bridge".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Edgell, Plymale, Jenkins, Prezioso, Dempsey, Hunter, Minard and Kessler:
Senate Bill No. 587--A Bill to amend and reenact §5-5-1 of the Code of West Virginia, 1931, as amended, relating to the eligibility of faculty members at state institutions of higher education for certain incremental pay; and making them eligible for the annual experience increment for state employees.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Caruth, Jenkins and Foster:
Senate Bill No. 588--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-4-6b, relating to establishing the Commission for a Drug-Free West Virginia; and providing for creation of local coordinating councils.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Caruth, Yoder and White:
Senate Bill No. 589--A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended, relating to prohibiting the Public Employees Insurance Agency from setting a retired employee's premium at an amount more than fifty percent of the retired employee's annuity from a public retirement plan administered by the Consolidated Public Retirement Board.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Helmick:
Senate Bill No. 590--A Bill to amend and reenact §11-9-2a of the Code of West Virginia, 1931, as amended, relating to criminal investigation and special audits divisions of State Tax Division; and eliminating restrictions against criminal investigation division investigations pertaining to taxes, fees or credits imposed or allowed under the personal income tax and against special audits division audits or examinations pertaining to taxes, fees or credits imposed or allowed under the personal income tax.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Helmick:
Senate Bill No. 591--A Bill to amend and reenact §11-10-11 of the Code of West Virginia, 1931, as amended, relating to authorizing the Tax Division to collect the cost of federal refund offset fees from the tax debtor; creating fund; and authorizing expenditure of proceeds in the fund by the Tax Division in the administration of its office.
Referred to the Committee on Finance.
By Senators Helmick and Deem:
Senate Bill No. 592--A Bill to amend and reenact §11-1C-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-10-5w of said code; and to amend and reenact §11-13A-3a of said code, all relating to information provided on oil and gas property tax returns; and eliminating by the first day of July, two thousand six, the requirement for a combined oil and gas property tax return.
Referred to the Committee on Finance.
By Senators Caruth, Guills and Weeks:
Senate Bill No. 593--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1 and §11-13W-2, all relating generally to creation of a tax credit for payments made by individuals, businesses and corporations for tolls on the West Virginia Turnpike.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 594--A Bill to amend and reenact §22A-1-3 of the Code of West Virginia, 1931, as amended, relating to the Director of the Office of Miners' Health, Safety and Training; providing that the Secretary of the Department of Commerce act as interim director; amending the qualifications of the Director of the Office of Miners' Health, Safety and Training; and providing the qualifications of the acting Director of the Office of Miners' Health, Safety and Training.
Referred to the Committee on the Judiciary.
By Senator Harrison:
Senate Bill No. 595--A Bill to amend and reenact §16-2B-2 of the Code of West Virginia, 1931, as amended, relating to prohibiting family planning centers in West Virginia that receive state funding from discussing abortion or abortion referrals.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Hunter, Unger, Foster and Kessler:
Senate Bill No. 596--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5U-1, §16-5U-2 and §16-5U-3, all relating to the Arthritis Prevention Education Act; establishing an Arthritis Prevention and Treatment Education Program; requiring the Bureau for Public Health to establish strategies to promote and maintain an Arthritis Prevention and Treatment Education Program; and establishing an Interagency Council on Arthritis.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Chafin and Sharpe:
Senate Bill No. 597--A Bill to amend and reenact §7-4-6 of the Code of West Virginia, 1931, as amended, relating to allowing the Executive Director of the West Virginia Prosecuting Attorneys Institute to appoint the Attorney General, or an assistant attorney general designated by the Attorney General, to serve as a special prosecuting attorney.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Foster and Minard:
Senate Bill No. 598--A Bill to repeal §18-7A-24 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7A-23 and §18-7A-25 of said code, all relating to the State Teachers Retirement System; deleting provisions which allowed for the distribution, without a contributor's consent, of accumulated contributions to the State Teachers Retirement System to a contributor with fewer than five years of service, who quits service or ceases to be a member; and correcting code references.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Harrison:
Senate Bill No. 599--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-10, relating to hospitals not being required to perform abortions unless the mother's life is in imminent danger.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators McCabe, Foster, Bailey, Jenkins, Sharpe, Hunter and Barnes:
Senate Bill No. 600--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-4c; and to amend and reenact §11-22-2 of said code, all relating to the West Virginia Affordable Housing Trust Fund generally; imposing a fee of twenty dollars on the transfer of real property in addition to the excise tax imposed on property transfers; imposing a fee of twenty dollars in addition to the consumers sales and service tax on the sale of factory-built homes; directing the revenue from the additional fees to the West Virginia Affordable Housing Trust Fund; and authorizing expenditures for administrative and operating expenses.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Chafin, Edgell, Bailey, Sharpe and Kessler:
Senate Bill No. 601--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-2B-101, §46A-2B-102, §46A-2B-103, §46A-2B-104, §46A-2B-105 and §46A-2B-106, all relating to the unauthorized acquisition of data that compromises the security, confidentiality or integrity of personal information maintained by the data collector; requiring notification to the consumer that there has been a breach of the security of information maintained on a consumer following discovery or notification of the breach; requiring certain actions by data collectors with respect to breach of security; prohibiting waiver of provisions; making violations an unconscionable act; providing civil penalties for violations; providing other remedies; and providing that the provisions of the article are severable under certain circumstances.
Referred to the Committee on the Judiciary.
By Senators Foster and McCabe:
Senate Bill No. 602--A Bill to amend and reenact §24-6-13 of the Code of West Virginia, 1931, as amended, relating to authorizing an emergency services center, at the director's discretion, to provide, upon proper request and payment of a reasonable fee, duplicate audio recordings of emergency service calls reporting criminal conduct.
Referred to the Committee on the Judiciary.
By Senators Caruth, McKenzie, Deem, Harrison, Yoder, Minear and McCabe:
Senate Bill No. 603--A Bill to amend and reenact §2-2-1 of the Code of West Virginia, 1931, as amended, relating to renaming the fourth Friday of November as Lincoln's Day.
Referred to the Committee on the Judiciary.
By Senators Yoder, Foster, Barnes, Unger, Love and Kessler:
Senate Bill No. 604--A Bill to amend and reenact §15-2A-9 and §15-2A-10 of the Code of West Virginia, 1931, as amended, all relating to providing that a state trooper who retires on a disability pension for an injury incurred in the performance of duty will continue to receive a disability pension after age fifty- five instead of having the pension converted to a regular retirement pension.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Plymale:
Senate Bill No. 605--A Bill to amend and reenact §17A-3-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-7-12a of said code, all relating to proof of payment of personal property taxes as a prerequisite to registration or renewal of a vehicle or motorboat registration; providing for alternative methods of verification of tax payment; providing that current year tax receipt may substitute for previous calendar year tax receipt; and eliminating the requirement that registrant who renews for two years furnish two previous calender year receipts.
Referred to the Committee on Transportation and Infrastructure.
By Senator Boley:
Senate Bill No. 606--A Bill to amend and reenact §51-2A-5 of the Code of West Virginia, 1931, as amended, relating to reducing the term of office of family court judges to four years.
Referred to the Committee on the Judiciary.
By Senators White, Prezioso and Dempsey:
Senate Bill No. 607--A Bill to amend and reenact §20-2-20 of the Code of West Virginia, 1931, as amended, relating to allowing a more efficient and effective means of trapping beaver for either recreational purposes or nuisance wildlife control.
Referred to the Committee on Natural Resources.
By Senators Helmick and Sharpe:
Senate Bill No. 608--A Bill to amend and reenact §11-6-25 of the Code of West Virginia, 1931, as amended, relating to increasing from one and three-eights percent to two percent of the tax collected for the Special Operating Fund in order to allow the Tax Commissioner to adequately defend assessments issued in accordance with said article.
Referred to the Committee on Finance.
By Senators Helmick and Minard:
Senate Bill No. 609--A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to personal income tax; and subjecting the refundable senior citizens' tax credit to a three-year statute of limitations for filing a claim for refund.
Referred to the Committee on Finance.
By Senators Chafin, Dempsey, Jenkins, Minard and Kessler:
Senate Bill No. 610--A Bill to amend and reenact §51-2A-6 of the Code of West Virginia, 1931, as amended, relating to setting the compensation of secretary-clerks to family court judges.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators White, Hunter, Unger, Minard, Dempsey, Fanning, Bailey, Barnes, Foster, Yoder, Edgell, Jenkins and Kessler:
Senate Bill No. 611--A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to providing a one hundred dollar per month salary increase for all school service personnel:
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Boley, Fanning, Minard, Weeks and Hunter:
Senate Bill No. 612--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-9A-101, §48-9A-102, §48-9A-103, §48-9A-104, §48-9A-105 and §48-9A-106, all relating to Joint Parenting Act; custody of children after divorce; providing certain rebuttable presumptions concerning custody; adding procedures and criteria relating to determining the custody of children; addressing relocation of parents; addressing certain tax implications; and including contempt provisions.
Referred to the Committee on the Judiciary.
Senators Yoder, Boley, Barnes, Kessler, Deem and Unger offered the following resolution:
Senate Concurrent Resolution No. 41--Requesting the Joint Committee on Government and Finance study divorce and custody laws in West Virginia.
Whereas, The rate of divorce in the state and the nation has substantially increased on an annual basis in recent years; and
Whereas, Divorce and custody laws in West Virginia either prevent or hinder fathers from being involved in raising their children; and
Whereas, The phenomenon of children not being raised by their fathers has had a negative impact on these children; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study divorce and custody laws in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the impact on children of not being raised with a father as an integral part of their lives; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Plymale, Unger, Foster and McCabe offered the following resolution:
Senate Concurrent Resolution No. 42--Requesting the Joint Committee on Government and Finance study vocational, technical and adult education in West Virginia.
Whereas, Career preparation opportunities afforded citizens of West Virginia through public schools and post-secondary education programs are vital to assure a high-quality workforce and to promote economic development; and
Whereas, Quality career and technical education is paramount in assuring that West Virginians are equipped with the necessary skill sets to succeed in the 21st century workplace; and
Whereas, The career and technical education curriculum must be designed and delivered in a manner that assures a seamless and cost-effective transition between public schools and post-secondary education, as exemplified through the Earn a Degree - Graduate Early (EDGE) initiative; and
Whereas, Multiple issues are involved in delivering high- quality vocational, technical and adult education which intersect with both K-12 and post-secondary education programs, including, but not limited to, the following:
(1) Assessing the effectiveness and efficiency of current offerings and programs in terms of participation, credentialing and placement rates;
(2) Determining if offerings and programs are appropriately aligned with current and emerging workforce needs and industry standards; and
(3) Assuring that policies and structures are in place to provide a seamless curriculum to produce an effective and efficient transition for students from K-12 to post-secondary education or the workplace; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study vocational, technical and adult education in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Petitions
Senator Love presented a petition from Lisa Phillips and numerous Upshur County residents, supporting Senate Bill No. 28 (Requiring written consent of parent or guardian for abortion on minor ) and Senate Bill No. 519 (Relating to parental notification requirements for abortions performed on unemancipated minors).
Referred to the Committee on Health and Human Resources.
Senator Facemyer presented a petition from Dave Sypolt and numerous West Virginia residents, supporting Senate Bill No. 506 (Establishing Captive Cervid Farming Act).
Referred to the Committee on Natural Resources.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
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 Bill No. 613 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17-4-47 and §17-4-49 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17- 27-6, §17-27-7 and §17-27-8, all relating to the establishment of the West Virginia Transportation Authority; empowering the West Virginia Transportation Authority to assure the resourceful expenditure of state funds for transportation projects; authorizing the West Virginia Transportation Authority to establish procedures relating to the authority and review of transportation projects; making legislative findings; stating legislative purpose; defining certain terms and phrases; requiring certain entities seeking state funds for transportation projects to submit a transportation project plan; setting forth transportation project plan requirements; setting forth conditions for approval by the West Virginia Transportation Authority and the Commissioner of Highways; authorizing county commissions to impose user fees for the construction and maintenance of roads and transportation projects; providing credit for municipally imposed fees; authorizing counties to issue revenue and general obligation bonds for transportation projects; providing notice and election requirements; coordinating the development of transportation projects with other infrastructure projects; information sharing; authorizing agreements among municipal utilities and public service districts to participate in transportation projects; authorizing setting of rates to include costs borne by municipal utilities and public service districts in coordination with transportation projects; exempting from Public Service Commission approval; requiring a bond necessary to compensate the division for improvements to highway facilities required as a result of development; regulating access from properties to and from state roads; and providing recovery of cost of highway improvements from commercial and residential developments.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
On motion of Senator Unger, the bill (S. B. No. 613) contained in the foregoing report from the Committee on Transportation and Infrastructure was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 614 (originating in the Committee on Government Organization)--A Bill to amend and reenact §12-3-1a and §12-3-1b of the Code of West Virginia, 1931, as amended, all relating to direct deposit; clarifying that only Auditor receives authorization for direct deposit payment; permitting the Auditor to cease issuing paper warrants; and authorizing electronic notification for direct deposit payment.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
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
Senate Bill No. 615 (originating in the Committee on the Judiciary)--A Bill to repeal §48-16-308 of the Code of West Virginia, 1931, as amended; to repeal §48-17-101, §48-17-102, §48- 17-103, §48-17-104, §48-17-105, §48-17-106, §48-17-107, §48-17-108 and §48-17-109 of said code; to amend and reenact §48-1-205 of said code; to amend said code by adding thereto a new section, designated §48-13-804; to amend and reenact §48-14-203, §48-14-302, §48-14-404, §48-14-407, §48-14-414, §48-14-502, §48-14-503 and §48- 14-701 of said code; to amend and reenact §48-15-201 of said code; to amend and reenact §48-18-102, §48-18-120 and §48-18-206 of said code; and to amend and reenact §48-27-403 of said code, all relating to child support enforcement; clarifying the definition of attributed income; reinserting a statute that was deleted during recodification relating to default and temporary orders; clarifying where to file an affidavit of accrued support and to remove a restrictive reporting requirement; clarifying which fees and overpayments may be collected through income withholding; clarifying that the bureau is not responsible for refunding support collected in good faith; providing a civil penalty against employers who fail to comply with withholding provisions; correcting a code site; having the penalty for civil contempt be the same whether the action is initiated by a private individual or by the bureau; removing the provision requiring the bureau's attorney to meet with an individual and allow a staff member to fulfill this duty; denying or revoking licenses to applicants when child or spousal support is in arrears; repealing the Support Enforcement Commission; authorizing the commissioner to study the child support formula as required by 45 C. F. R. 302.56(C)(3)(e); repealing the provision concerning the issuance of payment coupons; making the requirement provisions of service of process consistent; and requiring magistrate courts to notify family courts of emergency protective orders issued against juveniles.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bill (S. B. No. 615) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Finance.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Concurrent Resolution No. 43 (originating in the Committee on Pensions)-- Requesting the Joint Committee on Government and Finance study the actuarial conditions of municipal policemen's and firemen's pension funds.
Whereas, The Legislature recognizes that police and firefighter services are necessary for the health and welfare of the citizens of the state's municipalities; and
Whereas, Providing attractive and adequately funded pension benefits assist municipalities in recruiting and retaining dedicated and well-trained police officers and firefighters; and
Whereas, Many municipal police and firefighter pension funds are inadequately funded to provide for projected needs; and
Whereas, The financial costs associated with municipal police and firefighter pension funds have increasingly become a burden on many of the state's municipalities; and
Whereas, Existing unfunded liabilities of municipal pension funds threaten the financial stability of many of the state's municipalities; and
Whereas, A comprehensive study is needed to determine appropriate legislation to assist municipalities in strengthening and sustaining their pension funds; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the actuarial conditions of municipal policemen's and firemen's pension funds; and, be it
Further Resolved, That the Joint Committee on Government and Finance establish a task force to study the effects of current legislation on those funds and to consider legislative initiatives to strengthen the actuarial soundness of the municipal funds, including permitting municipal police officers and firefighters to participate in the Deputy Sheriff's Retirement System; and, be it
Further Resolved, That the cochairs of the Legislature's Joint Committee on Pensions and Retirement be cochairs of the task force which shall include, but not be limited to, the actuary of the Consolidated Public Retirement Board and representatives of the Governor, the State Treasurer, the West Virginia Investment Management Board, the West Virginia Municipal League, the Fraternal Order of Police and the West Virginia Professional Fire Fighters Association; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Dan Foster,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 40, Authorizing Water Development Authority issue bonds and notes in excess of $400 million.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance.
House Concurrent Resolution No. 32, Designating December 6 annually as "Miner's Day".
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. 183, Creating certain special license plates.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
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. 183) passed.
At the request of Senator Helmick, as chair of the Committee on Finance, and by unanimous consent, the unreported Finance committee amendment to the title of the bill was withdrawn.
On motion of Senator Harrison, the following amendment to the title of the bill was reported by the Clerk and adopted:
On pages one and two, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for Senate Bill No. 183--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to motor vehicle registration generally; providing for the issuance of a special Lions International membership license plate; providing for the issuance of a special plate recognizing organ and tissue donors; providing for the issuance of a special West Virginia Bar Association membership license plate; providing for the issuance of a special license plate promoting bicycling in the state and bearing the words "SHARE THE ROAD"; assessing a special initial application fee and a special annual fee therefor; revising the criteria before the commissioner may initiate the design and production of a special license plate; and encouraging the commissioner to utilize technology in the design, production and issuance of registration plates, including offering internet renewal of vehicle registration.
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, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Oliverio--1.
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. 183) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 245, Creating Consolidated Local Government Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and 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:
Senate Bill No. 223, Relating to examination of insurance and health care entities.
Com. Sub. for Senate Bill No. 236, Expanding definition of child abuse to include parental alcohol and substance abuse.
Senate Bill No. 454, Removing Insurance Commissioner as health maintenance organizations' attorney for service of process purposes.
Com. Sub. for Senate Bill No. 467, Amending group life insurance requirements.
And,
Senate Bill No. 548, Relating to basic universal design features for certain dwellings.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Deem and McKenzie.
Senator Weeks requested unanimous consent that the remarks by Senators Deem and McKenzie be ordered printed in the Appendix to the Journal.
Which consent was not granted, Senator Chafin objecting.
Thereafter, on motion of Senator Weeks, the remarks by Senators Deem and McKenzie were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Chafin, unanimous consent being granted, Shane Miller addressed the Senate on behalf of the Frasure-Singleton Student Legislative Program.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Oliverio.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 17, 2006, at 11 a.m.
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