WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
FORTY-FOURTH DAY
____________
Charleston, W. Va., Thursday, February 23, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Dennis L. Johnson, Senior Minister,
Baptist Temple, Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, February 22,
2006,
On motion of Senator Sprouse, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2006, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 370, Creating personal property tax exemption for farm equipment and livestock.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page six, section nine, by striking out all of subdivision
(28) in its entirety, and inserting in lieu thereof a new
subdivision (28), to read as follows:
"(28) Personal property, including livestock, employed
exclusively in agriculture, as defined in section one
,
article X of
the West Virginia Constitution, and the products of agriculture
while owned by the producer; and";
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 370--A Bill to amend and reenact §11-3-9
of the Code of West Virginia, 1931, as amended, relating to
exempting personal property employed exclusively in agriculture and
owned by the producer from personal property taxation.
On motion of Senator Helmick, the following amendments to the
House of Delegates amendments to the bill were reported by the
Clerk, considered simultaneously, and adopted:
On page six, section nine, subsection (a), subdivision (28),
after the word "including" by inserting the words "vehicles that qualify for a farm use exemption certificate pursuant to section
two, article three, chapter seventeen-a of this code and";
On page six, section nine, subsection (a), subdivision (28),
after the word "Constitution" by changing the comma to a colon,
striking out the words "and the products of agriculture while owned
by the producer" and inserting in lieu thereof the following
proviso: "Provided, That this exemption shall only apply in the
case of such personal property used on a farm or farming operation
that annually produces for sale agricultural products, as defined
in rules of the Tax Commissioner";
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 370--A Bill to amend and reenact §11-3-9
of the Code of West Virginia, 1931, as amended, relating to
exempting certain personal property used on a farm or farming
operation that annually produces for sale agricultural products, as
defined in rules of the Tax Commissioner.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Senate Bill No. 370, as amended, 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, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Unger--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. 370) passed with its Senate amended title.
Senator Chafin moved that the bill take effect July 1, 2006.
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, Weeks, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Unger--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. 370) takes effect July 1, 2006.
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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4253--A Bill to amend and
reenact §18B-2A-1 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §18B-3C-8 of said code, all relating to
removing the requirement that certain governing board chairs serve
as members on certain other governing boards; and deleting obsolete
provisions.
Referred to the Committee on Education.
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. 4256--A Bill to amend and
reenact §6-6-7 of the Code of West Virginia, 1931, as amended; and
to amend said code by adding thereto a new section, designated §6-
6-7a, all relating to providing a procedure for removal of county,
district or municipal officers; providing a procedure for removal
of members appointed to county or municipal boards, authorities or
commissions for fixed terms; requiring written notice of intent to
remove; allowing an appointed member to object in writing to
removal; requiring a hearing when a member objects to removal;
requiring a written decision after a removal hearing to include
findings of fact and conclusions of law supporting the decision
whether or not to remove a member of a board, authority or commission; setting time periods for certain actions; authorizing
the appeal of a decision to circuit court; requiring written
decisions when removing members who fail to respond to notice of
intent to remove; authorizing appointment of persons to fill
vacancies created when a member is removed; and making technical
corrections.
Referred to the Committee on Government Organization; 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. House Bill No. 4383--A Bill to amend and reenact §16-29F-
1 of the Code of West Virginia, 1931, as amended, relating to
continuing the pilot program offered through a Community Access
Program to coordinate health care provider reimbursements
indefinitely as determined by the Insurance Commissioner.
Referred to the Committee on Health and Human Resources; 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. 4386--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-24a, relating to ratifying the National Crime Prevention and Privacy Compact.
Referred to the Committee on Interstate Cooperation; 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. 4488--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §16-42-1, §16-42-2, §16-42-3, §16-42-4,
§16-42-5, §16-42-6 and §16-42-7, all relating to a study of the
behavioral health system of West Virginia; creating a commission of
public and private citizens; setting forth findings and the
purpose; setting forth the requirements of the study; requiring the
commission to submit periodic and final reports; requiring the
Department of Health and Human Resources to submit periodic
reports; providing for compensation of commission members; and
including a date certain for the conclusion of the commission's
work.
Referred to the Committee on Health and Human Resources.
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. 4489--A Bill to amend and
reenact §3-4A-13 and §3-4A-26 of the Code of West Virginia, 1931, as amended, all relating to the testing of electronic voting
machines used for early voting in order to allow their use on
election day.
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. 4491--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §18-100-1, §18-100-2, §18-100-3, §18-100-4 and
§18-100-5, all relating to increasing the awareness and
understanding of the history and contributions of people with
disabilities in the state, nation and world; designating the third
week of October as Disability History Week for the State of West
Virginia; requiring integration of instruction on disability
history, people with disabilities and the disability rights
movement into the existing public school curriculum; legislative
findings; and defined terms.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4603--A Bill to amend and reenact §18B-17-
2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing rules for the Higher Education Policy
Commission and the West Virginia Council for Community and
Technical College Education regarding authorization of degree-
granting institutions.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 57--Requesting the Joint
Committee on Government and Finance, in conjunction with the
Department of Environmental Protection, to study the feasibility of
a state dam safety rehabilitation fund.
Whereas, The Legislature finds that deficient, high-hazard
potential dams do not meet state compliance standards resulting in
the likelihood of the loss of life or property if the dams are
compromised over time or during a major storm; and
Whereas, The Department of Environmental Protection is tasked
with the regulation and supervision of dams in this state in order
to protect public health, safety and welfare; and
Whereas, The Department of Environmental Protection maintains
a List of Deficient Dams which requires updating by means of
inspections, evaluations and calculations and is to update this
list for the requested study; and
Whereas, Identification of funding sources, mechanisms for rehabilitation of deficient dams and public/private ownership
issues require further study; therefore, be it
Resolved by the Legislature of West Virginia:
That, in recognition of the limited state resources available,
the Joint Committee on Government and Finance, in conjunction with
the Department of Environmental Protection, is hereby requested to
jointly study funding mechanisms to address deficient, high-hazard
potential dams, including, but not limited to, the feasibility of
a state dam safety rehabilitation revolving fund dedicated to
projects addressing the deficient high hazard potential dams of the
state.
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. 58--Requesting the West
Virginia Division of Highways name the vista as seen off Route 60
at Mile Marker 10.57 in Gauley Bridge the "William 'Billy' Giacomo
Memorial Vista".
Whereas, William "Billy" Giacomo was born on August 27, 1972,
to William L. and Nancy Giacomo; and
Whereas, "Billy" Giacomo graduated from Gauley Bridge High
School and thereafter graduated from West Virginia State College
with honors, attaining both Associate and Bachelor of Science degrees in Criminal Justice; and
Whereas, "Billy" Giacomo became a member of the Fayette Fire
Investigation Team and conducted special projects with the State
Fire Marshal's office; and
Whereas, "Billy" Giacomo was a member and Captain with the
Boomer Volunteer Fire Department, which he joined when he was only
sixteen years of age; and
Whereas, "Billy" Giacomo worked as a policeman of the Gauley
Bridge Police Department in 1997 and 1998 attaining the rank of
Corporal and graduated at the West Virginia State Police Academy in
1998; and
Whereas, "Billy" Giacomo married his high school sweetheart
Miss Staci Foster on July 13, 1996, and together they were
exemplary in love and devotion; and
Whereas, "Billy" was an avid hunter, fisherman, golfer,
rappeller and skier. In short, he loved the great outdoors, in
particular, the West Virginia hills; and
Whereas, "Billy" Giacomo exhibited tremendous talent as a
photographer, particularly of outdoor scenes, as well as a designer
of t-shirts, murals and uniform patches still worn by the Boomer
Volunteer Fire Department; and
Whereas, William "Billy" Giacomo was hired by the Nicholas
County Sheriff's Department as a Deputy Sheriff on October 16,
1998, where he was recognized as an outstanding officer and it was in the performance of his duty that he was fatally shot by an
offender of the law on September 11, 2000; and
Whereas, Deputy Sheriff Giacomo was a loving son, brother of
Linda Giacomo and devoted husband, and even in death continues to
benefit others as an organ donor; and
Whereas, Deputy William "Billy" Giacomo gave his life, in the
line of duty, protecting others. His sacrifice was made to ensure
that we could live in peace and safety; and
Whereas, The town of Gauley Bridge has expressed its desire to
name the vista in memory of William "Billy" Giacomo; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to dedicate
a location on the East End of Route 60 at Mile Marker 10.57 in
Gauley Bridge as the "Deputy William 'Billy' Giacomo Memorial
Vista" and to construct a sign to be placed at the location; and,
be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Secretary of
Transportation, the Commissioner of the Division of Highways and
the family of Mr. William Giacomo.
Referred to the Committee on Transportation and
Infrastructure.
The Senate 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. 10, Allowing tax credits for community
foundation contributions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 10 (originating in the Committee
on Finance)--A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §11-21-15a;
and to amend said code by adding thereto a new section, designated
§11-24-11b, all relating to personal income and corporation net
income tax credits; allowing a credit against a taxpayer's tax
liability for contributions to community foundations; and providing
limitations on credits.
With the recommendation that the committee substitute 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
Com. Sub. for Senate Bill No. 11, Adding circuit court judge
to twenty-third judicial circuit.
And,
Com. Sub. for Senate Bill No. 114, Relating to teen court
programs fees.
And reports the same back with the recommendation that they
each 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
Senate Bill No. 251, Creating Beckley-Raleigh County Building
Code Authority.
With an amendment from the Committee on the Judiciary pending;
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 Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 294, Exempting certain state and federal retirement benefits from personal income tax.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 294 (originating in the
Committee on Pensions)--A Bill
to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to the
reduction of state income taxes for certain state and federal
retirees by increasing the exemption on retirement income in
calculating the federal gross income for state personal income tax
purposes.
And,
Senate Bill No. 604, Extending certain State Police disability
pensions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 604 (originating in the
Committee on Pensions)--A Bill
to amend and reenact §15-2A-9 of the
Code of West Virginia, 1931, as amended, 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.
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,
Dan Foster,
Chair.
The bills (Com. Sub. for S. B. Nos. 294 and 604), under the
original double committee references, were 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. 361, Relating to investment powers of
Investment Management Board.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 380, Authorizing Division of Natural Resources
promulgate legislative rule relating to terms defining terms used concerning all hunting and trapping rules.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
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 Natural Resources 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. 463, Modifying qualifications for license to
practice medicine.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
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. 489, Authorizing Treasurer provide remittance
processing and e-government services to political subdivisions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 489 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§12-3A-6 of the Code of West Virginia, 1931, as amended, relating
to the authorization of the State Treasurer to provide remittance
processing and e-government services for a political subdivision
upon its request.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 489) contained in the
preceding report from the Committee on Government Organization 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
Com. Sub. for Senate Bill No. 490, Providing gasoline excise
tax exemption for certain county aging programs.
Senate Bill No. 581, Amending definition of "person" relating
to motor fuel excise tax.
Senate Bill No. 582, Requiring electronic filing of certain
personal income tax returns.
And,
Senate Bill No. 591, Authorizing Tax Commissioner collect cost
of federal refund offset fees.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
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. 492, Providing indemnity
agreements in motor carrier transportation contracts void.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bill (Com. Sub. for S. B.
No. 492) contained in the foregoing report from the Committee on
the Judiciary was then rereferred to the Committee on the
Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 496, Allowing out-of-state transport of
legally obtained game.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John Pat Fanning,
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. 501, Providing pay raise for elected county
officials.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 501) contained in the preceding report
from the Committee on Government Organization 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 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. 504, Clarifying property tax exemption for
certain continuing care retirement communities.
And has amended same.
And reports the same back without recommendation as to
passage, 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 Bowman, unanimous consent being
granted, the bill (S. B. No. 504) contained in the preceding report
from the Committee on Government Organization 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 Government Organization pending.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 521, Authorizing deer hunting in state parks.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 521 (originating in the
Committee on Natural Resources)--A Bill
to amend and reenact §20-5-
2 of the Code of West Virginia, 1931, as amended, relating to
providing the Natural Resources Commission authority to promulgate
rules to permit and regulate the hunting of white-tailed deer in
state parks; providing that interest on investment of parks
operational revenue is to be used exclusively for the benefit of
the state parks and public recreation system; and allowing certain
designated parks to raise the minimum bank deposit from two hundred fifty dollars to five hundred dollars.
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,
John Pat Fanning,
Chair.
The bill (Com. Sub. for S. B. No. 521), under the original
double 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. 575, Causing disciplinary action against
contractor licensee for certain court-ordered judgments.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 575 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§21-11-14 of the Code of West Virginia, 1931, as amended, relating
to granting the West Virginia Contractor Licensing Board the
authority to restrict a licensee's ability to work until the
licensee satisfies an adverse judgment in favor of a consumer entered by a magistrate or circuit court.
With the recommendation that the committee substitute 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. 576, Changing calculation of prejudgment and
post-judgment interest.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 576 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §48-1-302
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §56-6-31 of said code, all relating to the rate of interest
allowed for prejudgment and post-judgment interest.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 576) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 598, Relating to Teachers Retirement System's
qualified plan status.
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,
Dan Foster,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Pensions.
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. 609, Relating to time period for filing senior citizens' property tax credit claim.
And has amended same.
Senate Bill No. 626, Requiring annual personal income tax
withholding reconciliations.
And has amended same.
And,
Senate Bill No. 627, Allowing facsimile signatures on tax
liens.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 638, Placing Workforce Development Initiative
Program under Council for Community and Technical College
Education.
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 Education.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
At the request of Senator McCabe, unanimous consent being
granted, the bill (S. B. No. 638) contained in the preceding report
from the Committee on Economic Development was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Education, with amendments from
the Committee on Economic Development 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. 689, Requiring court approval of certain
structured settlements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 689 (originating in the
Committee on the Judiciary)--
A Bill to amend and reenact §46A-6H-3
of the Code of West Virginia, 1931, as amended, relating to
requiring court approval for certain structured settlement
transfers; and enhancing protections for consumers.
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. 693, Removing certain Court of Claims' review
procedures.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
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. 722, Providing statute of limitations for
certain sales by trustee.
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
Senate Bill No. 753, Extending time for Grant County
commission to meet as levying body.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 753 (originating in the
Committee on Government Organization)--A Bill
to extend the time
for the Board of Education of Grant County to meet as a levying
body for the purpose of presenting to the voters of the county an
election for an additional excess levy to provide funding for the
operation, maintenance and repair of schools and to pay school
personnel from between the seventh and twenty-eighth days of March
and the third Tuesday in April until the third Tuesday in May, two
thousand six.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
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. 775 (originating in the Committee on
Government Organization)--A Bill
to repeal §7-7-3, §7-7-6b and §7-
7-6c of the Code of West Virginia, 1931, as amended; and to amend
and reenact §7-7-1, §7-7-2, §7-7-4 and §7-7-6a of said code, all
relating to the salaries of elected county officials; providing
that the county commission establish the annual salaries of the
county commissioners, sheriff, circuit clerk, county clerk,
assessor and prosecuting attorney; and providing additional
compensation for assessor for completing additional statutory
duties.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
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. 776 (originating in the Committee on
Government Organization)--A Bill
to amend and reenact §5B-1-2 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§5B-2B-6 and
§5B-2B-9 of said code
; to amend and reenact
§5F-2-1 of
said code; and to amend and reenact
§21A-1-4 of said code,
all relating to the Bureau of Employment Programs; changing the agency
name from the Bureau of Employment Programs to Workforce West
Virginia; revising the divisional structure within the agency; and
providing that Workforce West Virginia shall provide administrative
and other services to the West Virginia Workforce Investment
Council.
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. 777 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §22-21-3 of the Code of
West Virginia, 1931, as amended, relating to replacement of
underground water supplies and drinking water damaged by coalbed
methane exploration or production; and requiring legislative rules.
And reports the same back with the recommendation that it do
pass.
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
Senate Bill No. 778 (originating in the Committee on the
Judiciary)--A Bill
to repeal §19-21A-4a, §19-21A-13a, §19-21A-13b
and §19-21A-13c
of the Code of West Virginia, 1931, as amended
; and
to amend and reenact §19-21A-2, §19-21A-3, §19-21A-4, §19-21A-5,
§19-21A-6, §19-21A-7, §19-21A-8, §19-21A-9, §19-21A-10, §19-21A-11,
§19-21A-1
2, §19-21A-13 and §19-21A-14, all relating to the State
Conservation Committee and conservation districts generally;
allowing ex officio members of state committee to designate
representative; allowing certain persons to enter private property
and waters of the state to remove flood debris; providing for
continuation of conservation districts; providing for election of
supervisors; providing method for filling supervisor vacancies;
requiring conservation districts follow county lines; providing for
per diem for supervisors; clarifying status of dam monitors;
providing for discontinuance of districts; providing for
reformation of districts; providing for distribution of assets and
liabilities upon discontinuance of districts; removing antiquated
provisions; and making technical and conforming amendments
throughout.
And reports the same back with the recommendation that it do
pass.
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
Senate Bill No. 779 (originating in the Committee on the
Judiciary)--A Bill
to amend and reenact §8A-12-2, §8A-12-5, §8A-12-
6, §8A-12-11, §8A-12-12 and §8A-12-14 of the Code of West Virginia,
1931, as amended, all relating to voluntary farmland protection
programs; providing for oversight by county commission in certain
cases; and allowing county commission to participate in arbitration
in certain cases.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
House Concurrent Resolution No. 17, Requesting the Governor of
the State of West Virginia and the West Virginia Development Office to put the highest priority on putting forward locations in the
southern coalfield counties for the proposed coal conversion
facilities.
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The Senate proceeded to the sixth order of business.
Senators Caruth, Barnes, Unger and Plymale offered the
following resolution:
Senate Concurrent Resolution No. 52--
Requesting the Joint
Committee on Government and Finance study revenues taken in and
expenditures made by the West Virginia Parkways, Economic
Development and Tourism Authority.
Whereas, The West Virginia Parkways Authority has been given
authority to administer the West Virginia Turnpike, including
issuing bonds, refinancing bonds, setting toll rates and making
expenditures; and
Whereas, The Parkways Authority recently raised toll rates for
the West Virginia Turnpike; and
Whereas, This toll rate increase has caused concern for both
public officials and the citizens of the state; and
Whereas, Questions have been raised concerning the sources and
amount of revenue and the expenditures of the Parkways Authority;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study revenues taken in and expenditures made by the
West Virginia Parkways, Economic Development and Tourism Authority;
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 Jenkins, Unger, Foster, Hunter and Plymale offered
the following resolution:
Senate Concurrent Resolution No. 53--
Requesting the Department
of Health and Human Resources study the West Virginia mental health
system crisis.
Whereas, Funding cuts have led to record suicides and overcrowding in mental hospitals and jails. In 2001, 290 West
Virginians killed themselves, making West Virginia's suicide rate
the fifth highest in the nation; and
Whereas, Between 1999 and 2003 court petitions by police,
social workers and family members requesting involuntary commitment
increased by 45 percent; and
Whereas, While state planning has attempted to deal with this
problem and despite millions of dollars being spent, the situation
is worsening; and
Whereas, Current and past mental health planning has
concentrated primarily on state hospitals and community health
centers, ignoring the private sector; and
Whereas, West Virginia hospital emergency rooms are crowded
with patients needing mental health treatment, thereby straining
hospital resources; and
Whereas, The state must seek adequate input and consultation
from all stakeholders, including private sector psychiatry;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of Health
and Human Resources to study the West Virginia mental health system
crisis; and, be it
Further Resolved, That the Department of Health and Human
Resources assess and provide solutions to the state's mental health system crisis; and, be it
Further Resolved, That the Department of Health and Human
Resources 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.
Which, under the rules, lies over one day.
Senator Jenkins offered the following resolution:
Senate Concurrent Resolution No. 54--
Requesting the Joint
Committee on Government and Finance direct the Commission on
Interstate Cooperation study the laws of West Virginia and other
states relating to extradition.
Whereas, While the State of West Virginia has a relatively low
crime rate, trends in violent crime connected to drug trafficking
and drug dealing have risen and become a very serious problem in
certain areas of the state; and
Whereas, With most of the population centers located in border
communities, much of the drug trafficking in our communities is
coming from across our state's borders; and
Whereas, Law-enforcement efforts are being enhanced in
response to this disturbing trend; and
Whereas, It is often discovered that the arrested nonresident
individuals have outstanding warrants from jurisdictions outside
West Virginia; and
Whereas, Experience has shown that despite outstanding
warrants, the issuing jurisdiction often shows little or no
interest in making any effort to have the individual returned when
notified the individual is in custody in West Virginia; and
Whereas, As a result of this phenomenon, many of these
individuals are released back into our communities after the West
Virginia charges are addressed; and
Whereas, Careful examination of interstate cooperation
relating to extradition needs to be made in an effort to encourage
that all individuals arrested in West Virginia found to have
warrants outstanding from other jurisdictions are sent back to the
warrant-issuing jurisdiction; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to direct the Commission on Interstate Cooperation to
study the laws of West Virginia and other states relating to
extradition; 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.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 55--
Requesting the Bureau of
Senior Services and the Department of Environmental Protection
study the most effective means to develop, maintain and expand
meaningful opportunities for the state's senior residents to
participate in volunteer projects relating to the environment.
Whereas, The State of West Virginia has an active, talented
and informed population of senior residents desiring to participate
in activities and programs that contribute to their local
communities and the environment; and
Whereas, All West Virginians benefit by the pursuit of
projects related to water quality, environmental education and
restoration and protection of our environment; and
Whereas, The West Virginia Department of Environmental
Protection and the West Virginia Division of Natural Resources
currently have many opportunities for the general public to
participate in programs, including local watershed associations,
stakeholder groups, Adopt-a-Highway, Adopt-a-Spot, Adopt-a-Dump and
Clean Streams initiatives; and
Whereas, The Bureau of Senior Services and the Department of
Environmental Protection are in a position to provide senior citizens with effective and meaningful opportunities to be involved
in activities that not only contribute to the restoration and
protection of the environment, but also provide significant
benefits to those involved; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Bureau of Senior
Services and the Department of Environmental Protection to study
the most effective means to develop, maintain and expand meaningful
opportunities for the state's senior residents to participate in
volunteer projects relating to the environment; and, be it
Further Resolved, That the Bureau of Senior Services and the
Department of Environmental Protection study the most effective
means of coordination to foster and facilitate such volunteer
opportunities; and, be it
Further Resolved, That the Bureau of Senior Services and the
Department of Environmental Protection study the feasibility of
establishing a statewide network of county-based organizations to
promote such opportunities; and, be it
Further Resolved, That the Bureau of Senior Services and the
Department of Environmental Protection report to the regular
session of the Legislature, 2007, on their findings, conclusions
and recommendations, together with drafts of any legislation
necessary to effectuate their recommendations.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 56--
Requesting the Division
of Highways name the bridge on Route 119, at the big split at
Nolan, Mingo County, the "William Shayde Chapman Bridge".
Whereas, William Shayde Chapman, the youngest of nine children
of Tom B. and Elizabeth Stepp Chapman, was born in 1909 in Spring
Branch, Kentucky; and
Whereas, William Shayde Chapman attended the White Post School
in Pike County, Kentucky. After completing the eighth grade,
William Shayde Chapman enrolled at Chattaroy High School in Mingo
County; and
Whereas, After graduating from Chattaroy High School, William
Shayde Chapman attended Concord College during the summer months;
and
Whereas, After earning six semester hours, William Shayde
Chapman began his teaching career at Borderland Grade School in
Mingo County. He continued to attend classes at Concord College
each summer and taught school each fall until he completed his
education and earned a professional teaching certificate;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge on Route 119, at the big split at Nolan, Mingo
County, the "William Shayde Chapman Bridge"; and, be it
Further Resolved, That the Division of Highways have made and
be placed signs identifying the bridge as the "William Shayde
Chapman Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senators Plymale, Tomblin (Mr. President), Dempsey, Jenkins
and Unger offered the following resolution:
Senate Concurrent Resolution No. 57--
Requesting the United
States Congress include a portion of State Route 10 from Huntington
to Chapmanville as a corridor in the Appalachian Highway
Development System.
Whereas, The goals of the Appalachian Regional Development Act
of 1965 included, among other things, comprehensive economic
development and social growth in West Virginia; and
Whereas, Since the creation of Corridor G in southern West
Virginia, impoverished areas have begun to show improvements in
growth, infrastructure and economic stability; and
Whereas, In providing additional access to that portion of
southern West Virginia which is still struggling economically is of
great concern to this Legislature; and
Whereas, Upgrading State Route 10 from Huntington to
Chapmanville to corridor status will further enhance the economic stability of southern West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States
Congress to include a portion of State Route 10 from Huntington to
Chapmanville as a corridor in the Appalachian Highway Development
System; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to West Virginia's
congressional delegation.
Which, under the rules, lies over one day.
Senators Hunter, Barnes, Minard, Unger, Foster and Plymale
offered the following resolution:
Senate Concurrent Resolution No. 58--
Requesting the Joint
Committee on Government and Finance study the Title XIX Medicaid
Waiver Program for the elderly and disabled in West Virginia.
Whereas, A crucial need exists for services provided to the
elderly and disabled through the Title XIX Medicaid Waiver Program;
and
Whereas, There has been an increase in West Virginia's elderly
population, but a decrease in the number of senior citizens
enrolled in the Title XIX Medicaid Waiver Program; and
Whereas, A waiting list to participate in the Title XIX
Medicaid Waiver Program continues to grow in West Virginia; and
Whereas, It is in the best interest of all West Virginians to ensure that our elderly and disabled citizens receive the care and
services they need; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the Title XIX Medicaid Waiver Program for the
elderly and disabled 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 Joint Committee on Government and
Finance also report to the Department of Health and Human Resources
on its findings, conclusions and 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 Hunter, Facemyer, McCabe, Lanham, Minard, Dempsey,
Minear, Unger and Foster offered the following resolution:
Senate Concurrent Resolution No. 59--
Requesting the Governor
proclaim the fourth Friday of April each year as "Children's
Memorial Flag Day" in the State of West Virginia.
Whereas, Tragic acts of violence against children are
occurring with increasing frequency throughout the State of West
Virginia and the United States. These violent acts are destroying
innocent lives and devastating families and communities; and
Whereas, Too many of West Virginia's children have been lost
in violent, preventable deaths through guns, fire, automobile
accidents, physical violence and suicide; and
Whereas, In celebration of life, diversity and hope for the
future, the citizens of West Virginia should condemn acts of
violence committed against our children; and
Whereas, A Children's Memorial Flag has been obtained by the
State of West Virginia and should be flown on the fourth Friday of
April each year in remembrance of young lives lost in senseless
acts of violence; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor proclaim the
fourth Friday of April each year as "Children's Memorial Flag Day"
in the State of West Virginia; and, be it
Further Resolved, That the Children's Memorial Flag be flown
on the fourth Friday of April each year in remembrance of those
young lives lost in senseless acts of violence; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Governor.
Which, under the rules, lies over one day.
Senators Prezioso, McCabe, Minard, Dempsey, Unger and Foster
offered the following resolution:
Senate Resolution No. 27--
Promoting the West Virginia
Perinatal Wellness Study.
Whereas, The number of low-birth weight infants and infant
deaths within the first year of life have both increased; and
Whereas, West Virginia ranks well below other states and the
national average concerning child well-being indicators of first-
of-life mortality and low-birth weight; and
Whereas, Using tobacco products during pregnancy is one of the
leading associated risk factors for low-birth weight and infant
mortality. A 2003 study revealed that over 26 percent of pregnant
women in West Virginia used tobacco during pregnancy; and
Whereas, Thirty-four percent of all infant deaths in 2003 were
attributed to infants whose mothers used tobacco products; and
Whereas, West Virginia has a high percent of infants receiving
neonatal intensive care services; and
Whereas, Many children's health-related organizations have
collaborated to increase public awareness and to address the issues
leading to poor birth outcomes in West Virginia; and
Whereas, The goal of these children's health-related
organizations and the West Virginia Perinatal Wellness Study is to
increase the awareness of legislators, administrators, policymakers
and the public with regard to public policy issues that are essential to improving pregnancy outcomes in West Virginia;
therefore, be it
Resolved by the Senate:
That the Senate hereby promotes the West Virginia Perinatal
Wellness Study; and, be it
Further Resolved, That the Senate affirms its commitment to
encouraging all West Virginians to promote the health of all
pregnant women in the state; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Governor.
Which, under the rules, lies over one day.
Senators Prezioso, Foster, Jenkins, Lanham, McCabe, McKenzie,
Barnes, Minard, Dempsey, Minear and Hunter offered the following
resolution:
Senate Resolution No. 28--
Designating February 23, 2006, as
"Hospital Day".
Whereas, Hospitals play a critical role in improving the
health of our citizens; and
Whereas, In 2005, West Virginia hospitals treated six million
people in their outpatient departments, provided emergency care to
over one million patients, delivered 20,000 babies, performed
nearly 250,000 surgeries and cared for more than 300,000 people as
inpatients; and
Whereas, Hospitals are an important part of our educational system, with instructional programs that provide for a wide range
of services and technical and professional positions; and
Whereas, Hospitals contribute more than $5 billion annually to
the state's economy; and
Whereas, Hospitals employ over 39,000 people and, directly or
indirectly, support one out of every nine jobs in the state;
therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 23, 2006, as
"Hospital Day"; and, be it
Further Resolved, That the Senate expresses its appreciation
to hospitals and health care workers across the state for the
contributions they make and the services they provide to improve
the health of our citizens; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the West
Virginia Hospital Association.
At the request of Senator Prezioso, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
At the request of Senator Chafin, and by unanimous consent,
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
Senate Concurrent Resolution No. 60 (originating in the
Committee on the Judiciary)--
Requesting the Joint Committee on
Government and Finance study the possibility and economic
feasibility of establishing a statewide automated victim
notification network.
Whereas, The victims of crimes throughout the state have a
direct interest in and need for information about the location of
the person or persons who perpetrated crimes against them; and
Whereas, The current victim notification system operated by
the Division of Corrections may be enhanced to provide more
information to victims by including the court system, law
enforcement and Regional Jail Authority as participants; and
Whereas, The Division of Corrections, the courts, law
enforcement and Regional Jail Authority have limited resources
available for victim notification programs; and
Whereas, More cost-effective and efficient systems of victim
notification and information sharing may be available; and
Whereas, The Legislature should focus on methods and
procedures that best protect public safety, including victim
notification, and provide a system for sharing information in the
justice system without jeopardizing the mandate to incarcerate an
ever-increasing inmate population; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the possibility and economic feasibility of
establishing a statewide automated victim notification network
;
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,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 47, Requesting Joint
Committee on Government and Finance study current and future
highway financing.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 48, Requesting Joint
Committee on Government and Finance study siting of windmills used
to generate electricity.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 49, Requesting Joint
Committee on Government and Finance study sludge impoundments and
mining subsidence.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 50, Requesting Joint
Committee on Government and Finance study income adequacy.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 51, Requesting Division of
Highways name bridge between Huntington, Cabell County, and
Proctorville, Ohio, "Frank 'Gunner' Gatski Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 166, Restructuring Parole Board.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the ninth order of business.
Senate Bill No. 228, Expanding Route 2 and Interstate 68
Authority territory.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 605, Relating to personal property tax receipt
as prerequisite proof for vehicle registration.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 613, Creating Community Empowerment
Transportation Act.
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 fifteen, section four, line forty-two, by striking out
the word "annually" and inserting in lieu thereof the word
"quarterly";
On page twenty-three, section six, line seven, by striking out
the word "district" and inserting in lieu thereof the word "county";
On page twenty-seven, section six, line eighty-five, by
striking out the word "district" and inserting in lieu thereof the
word "county";
And,
On page twenty-eight, section six, line one hundred four, by
striking out the word "district" and inserting in lieu thereof the
word "county".
The bill (S. B. No. 613), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 771, Making technical corrections in fire
code.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 4047, Relating to part-time
prosecuting attorneys.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 170, Creating Health Information
Network.
Com. Sub. for Senate Bill No. 243, Relating to banks' self-ownership of stock.
Com. Sub. for Senate Bill No. 426, Relating to contractors'
employment of certain unauthorized workers.
Senate Bill No. 438, Regulating title insurance rates.
Senate Bill No. 497, Repealing requirement nonresidents post
security for court costs.
Com. Sub. for Senate Bill No. 509, Clarifying automobile
franchise law.
Com. Sub. for Senate Bill No. 567, Creating Energy Policy and
Development Act.
Senate Bill No. 619, Relating to Physicians' Mutual Insurance
Company board member's term.
Senate Bill No. 760, Allowing former WVU School of Mines'
Director serve on Mine Inspectors' Examining Board.
Senate Bill No. 772, Providing for subrogation rights for
James "Tiger" Morton Catastrophic Illness Commission.
Eng. House Bill No. 4019, Relating to the preparation and
distribution of a digest or summary of the budget bill.
And,
Eng. Com. Sub. for House Bill No. 4063, Expanding the
authority of the Commissioner of Banking concerning use of certain
banking terms in connection with the name of a business.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Minear.
Thereafter, at the request of Senator Caruth, and by unanimous
consent, the remarks by Senator Minear were ordered printed in the
Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
Senator Kessler called attention to Tuesday, February 21,
2006, being the birthday of the senator from Wayne and on behalf of
the Senate extended felicitations and good wishes to Senator
Plymale, with Senator Kessler leading the members in singing "Happy
Birthday".
At the request of Senator Minear, unanimous consent being
granted, it was ordered that the Journal show had Senator Minear
been present in the chamber on yesterday, Wednesday, February 22,
2006, she would have voted "yea" on the passage of Engrossed Senate
Bill No. 112, Engrossed Committee Substitute for Senate Bill No.
439, Engrossed Committee Substitute for Senate Bill No. 468,
Engrossed Senate Bill No. 516, Engrossed Senate Bill No. 630,
Engrossed Senate Bill No. 631 and Engrossed Senate Bill No. 632.
At the request of Senator Chafin, and by unanimous consent,
Daniel Barbaro addressed the Senate on behalf of the Governor's
School for the Arts.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Unger.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 24, 2006, at 11 a.m.
____________