WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
FORTY-FIFTH DAY
____________
Charleston, W. Va., Friday, February 24, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Willie F. Stinson, Agape
Baptist Church, Wheeling, West Virginia.
Pending the reading of the Journal of Thursday, February 23,
2006,
On motion of Senator White, 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 passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4331--A Bill to amend and
reenact §8-14-12 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §8-15-17 of said code, all relating to changing the "within two years" time restriction to a "within ten
years" time restriction in which an application by a former police
officer or firefighter, who previously resigned, and who meets
other criteria set forth in the law, may submit an application for
reinstatement and may be appointed by reinstatement without a
competitive examination.
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. House Bill No. 4354--A Bill to amend and reenact §38-2-7
of the Code of West Virginia, 1931, as amended, relating to
mechanics' liens; and correcting confusing language.
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. 4431--A Bill to amend and
reenact §59-1-10 of the Code of West Virginia, 1931, as amended,
relating to allowing the clerk of the county commission to set
reasonable fees charged for electronic or other medium versions of
documents received or duplicated.
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. 4437--A Bill to amend and reenact §17C-15-
26 of the Code of West Virginia, 1931, as amended, relating to
authorizing West Virginia Department of Agriculture emergency
response vehicles to utilize red flashing warning lights.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2006, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4578--A Bill to amend and reenact §18A-2-3
of the Code of West Virginia, 1931, as amended, relating to
extending expiration date of provisions permitting retired teachers
to accept employment as substitutes in areas of critical need and
shortage for an unlimited number of days without affecting
retirement benefits.
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. 44--Requesting the Division of
Highways to name the truss bridge at Midkiff, Lincoln County, the "Sanders Brothers Veterans Bridge".
Whereas, The brothers, Wetzel Sanders and Howard Sanders, are
lifelong residents of Midkiff, Lincoln County, and represent the
patriotic spirit of all the citizens of Lincoln County who have
unselfishly and bravely served this country in the armed services
in the time of war; and
Whereas, Wetzel Sanders was born July 25, 1923, in Midkiff and
is the only Pearl Harbor survivor in Lincoln County; and
Whereas, Wetzel Sanders served in both the United States Army
and Marine Corps, including action in combat in Pearl Harbor, the
Fiji Islands, Guadalcanal and Bougainville. He was awarded the
American Defense Medal with three bronze battle stars and the World
War II Victory Medal; and
Whereas, Wetzel Sanders is a member of the Veterans of Foreign
Wars, the American Legion and a member of the Pearl Harbor
Survivors Unit. He was instrumental in the renaming of I-77 north
of Charleston, West Virginia, the "Pearl Harbor Survivor Highway".
He attended the 60th Pearl Harbor Reunion in Hawaii in 2000. He
retired from the West Virginia Division of Highways and is
currently transporting passengers for Tri River Transit at the age
of 82. He is married to Kathleen; and
Whereas, Howard Sanders served in the United States Navy
during World War II and fought in battles in Saipan, Guam, Palau,
Titan and Leyte Gulf; and
Whereas, Howard Sanders was stationed on the aircraft carrier
U. S. S. Kalinin Bay CVE 68. He received the American Area Ribbon,
the Presidential Unit Badge, the Philippine Liberation with one
battle star medal, the Asiatic-Pacific Area Ribbon, the Victory
Medal, World War II medal and Philippine Republic Presidential
Citation Badge. He is a retired businessman who still resides in
Midkiff with his wife, Aileen; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
truss bridge at Midkiff, Lincoln County, West Virginia, the
"Sanders Brothers Veterans Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to cause to be manufactured
appropriate signs with the prominent display of the words "Sanders
Brothers Veterans Bridge" and to erect the sign at either end of
the truss bridge at Midkiff, Lincoln County, West Virginia; and, be
it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Commissioner of
the Division of Highways and to the brothers, Wetzel Sanders and
Howard Sanders.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 59--Requesting the Division of
Highways to name the bridge located on Route 10 in Harts, West
Virginia, the "Harts Veterans' Memorial Bridge".
Whereas, An inordinate number of the citizens from Harts in
Lincoln County, West Virginia, have committed themselves to
faithful and dedicated service in the various branches of the
United States military, including the Army, Navy, Air Force, Marine
Corps and Coast Guard, and, in doing so, have performed admirably,
honorably and with distinction; and
Whereas, The veterans from Harts, in times both of peace and
conflict, have consistently placed the welfare of the United States
of America above personal need; and
Whereas, The faithful and dedicated service of the many
citizens of Harts who have served in the military should receive
official recognition from this legislative body; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge located on Route 10 in Harts, West Virginia, the
"Harts Veterans' Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and placed at each entrance to the bridge signs
proclaiming it as the "Harts Veterans' Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Commissioner of
the Division of Highways, the Director of the Division of Veterans'
Affairs and to the Mayor and Town Council for the Town of Harts.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 18, Granting tuition waivers to children and
spouses of parole and probation officers killed in line of duty.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 18 (originating in the Committee
on Education)--A Bill to amend and reenact §18B-10-7 of the Code of
West Virginia, 1931, as amended, relating to granting tuition
waivers to the children and spouses of parole and probation
officers killed in the line of duty.
Senate Bill No. 53, Changing ratio of school nurses to
enrollment.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 53 (originating in the Committee on Education)--A Bill to amend and reenact §18-5-22 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §18-9A-25
of said code, all relating to changing the required ratio of school
nurses in each county from one nurse per every one thousand five
hundred students in kindergarten through seventh grade to one nurse
per every seven hundred fifty students in preschool through twelfth
grade.
Senate Bill No. 417, Relating to grievance procedures for
education employees.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 417 (originating in the
Committee on Education)--A Bill to amend and reenact §18-29-2, §18-
29-3, §18-29-4, §18-29-5, §18-29-7 and §18-29-8 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new section, designated §18-29-10a; to amend and reenact §29-6A-2,
§29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29-6A-7, §29-6A-10 and
§29-6A-12 of said code; and to amend said code by adding thereto a
new section, designated §29-6A-13, all relating to grievance
procedures for state employees, public education employees and
higher education employees; changing grievance procedures;
residential requirements for administrative law judges; changing
name of hearing examiner to administrative law judge; and providing
for binding arbitration.
And,
Senate Bill No. 650, Increasing school principals' and
assistant principals' salary increment.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 650 (originating in the
Committee on Education)--A Bill to amend and reenact §18-5-45 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18A-4-2 and §18A-4-3 of said code, all relating to
mandating an employment term for principals of no less than two
hundred twenty days; and increasing the salary increments paid to
principals and assistant principals.
With the recommendation that the four committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 18, 53, 417 and 650)
contained in the preceding report from the Committee on Education
were each taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
references, were then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 32, Relating to educational opportunities for
children of military personnel.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 32) contained in the preceding report
from the Committee on Education was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Plymale, the bill 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. 69, Increasing equity investments of municipal
policemen's and firemen's pension and relief funds.
And has amended same.
Com. Sub. for Senate Bill No. 107, Relating to venue for certain suits against state.
And has amended same.
And,
Senate Bill No. 578, Allowing Public Service Commission to
order takeover of certain utilities.
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 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. 265, Adding names of certain
deceased veterans to Veterans Memorial Monument.
Senate Bill No. 362, Requiring Tax Commissioner disclose
certain information to Consolidated Public Retirement Board.
Com. Sub. for Senate Bill No. 604, Extending certain State
Police disability pensions.
And,
Senate Bill No. 673, Authorizing county service fees for
infrastructure projects; bonding authority.
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
Senate Bill No. 285, Relating to unclaimed property.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 285 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §36-8-1,
§36-8-2, §36-8-7, §36-8-8, §36-8-12, §36-8-13, §36-8-15 and
§36-8-17 of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto two new sections, designated §36-8-5a
and §36-8-15a; and to amend and reenact §42-1-3c of said code, all
relating to unclaimed property; definitions; shortening the
abandonment period for stocks, bonds, mineral proceeds and
demutualization proceeds; changing the abandonment period and
reporting requirements for gift certificates; limiting locator
fees; waiving notary requirements for unclaimed property reports
submitted electronically; authorizing Treasurer to require that
unclaimed property holders liquidate securities and report proceeds
as unclaimed property; authorizing Treasurer to sell abandoned property through electronic auction or other methods; increasing
the maximum amount that may be transferred from the Unclaimed
Property Trust Fund to the Prepaid Tuition Escrow Fund to one
million dollars annually; authorizing Treasurer to transfer one
million dollars from the Unclaimed Property Trust Fund to any
public campaign financing fund that may be approved by the
Legislature; waiving notary requirements for claims under five
hundred dollars and limiting administrator's liability for
duplicate claims payment; authorizing any state agency, board or
commission owed delinquent funds by any person to claim that
person's property to offset delinquent amounts owed the agency;
authorizing unclaimed property holder to deliver property and
Treasurer to treat property as abandoned property prior to
expiration of abandonment period where property holder has given
notice to the apparent owners; and allowing property with no taker
under laws of descent and distribution to be administered by
Treasurer as unclaimed property.
And,
Senate Bill No. 562, Allowing citizens file certain criminal
complaints directly with magistrate court.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 562 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-3-39f of the Code of West Virginia, 1931, as amended, relating to
providing authorization for private citizens to file certain
criminal complaints directly with the magistrate court.
With the recommendation that the two committee substitutes 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. 299, Authorizing Department of Agriculture
promulgate legislative rule relating to animal disease control.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 299 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
various executive or administrative agencies and the procedures
relating thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the
agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of
the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-
Making Review Committee; authorizing certain of the agencies to
promulgate certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as
amended by the Legislature; authorizing Department of Agriculture
to promulgate a legislative rule relating to animal disease
control; authorizing Department of Agriculture to promulgate a
legislative rule relating to certified pesticide applicators;
authorizing Department of Agriculture to promulgate a legislative
rule relating to integrated pest management programs in schools and
day care centers/facilities; authorizing Department of Agriculture
to promulgate a legislative rule relating to voluntary farmland
protection program; authorizing State Auditor to promulgate a
legislative rule relating to State Purchasing Card Program;
authorizing Board of Dental Examiners to promulgate a legislative
rule relating to fees; authorizing Board of Dental Examiners to
promulgate a legislative rule relating to dental advertising;
authorizing Governor's Committee on Crime, Delinquency and
Correction to promulgate a legislative rule relating to motor
vehicle stop data collection standard for study of racial profiling; authorizing Board of Examiners for Licensed Practical
Nurses to promulgate a legislative rule relating to policies
regulating licensure of licensed practical nurse; authorizing Board
of Occupational Therapy to promulgate a legislative rule relating
to administrative rule of the Board of Occupational Therapy and
licensure of occupational therapists and occupational therapy
assistants; authorizing Board of Optometry to promulgate a
legislative rule relating to rules for the West Virginia Board of
Optometry; authorizing Board of Optometry to promulgate a
legislative rule relating to schedule of fees; authorizing Board of
Osteopathy to promulgate a legislative rule relating to osteopathic
physician assistants; authorizing Board of Pharmacy to promulgate
a legislative rule relating to ephedrine and pseudoephedrine
control; authorizing Board of Examiners of Psychologists to
promulgate a legislative rule relating to qualifications for
licensure as a psychologist or a school psychologist; authorizing
Radiologic Technology Board of Examiners to promulgate a
legislative rule relating to the board; authorizing Radiologic
Technology Board of Examiners to promulgate a legislative rule
relating to standards of ethics; authorizing Real Estate Appraiser
Licensing and Certification Board to promulgate a legislative rule
relating to requirements for licensure and certification;
authorizing Real Estate Appraiser Licensing and Certification Board
to promulgate a legislative rule relating to renewal of licensure and certification; authorizing Secretary of State to promulgate a
legislative rule relating to loan program for purchase of voting
equipment, software and services; authorizing Secretary of State to
promulgate a legislative rule relating to public testing of ballot-
marking voting systems and precinct ballot-scanning devices;
authorizing Secretary of State to promulgate a legislative rule
relating to use of digital signatures, state certificate authority
and state repository; authorizing Statewide Addressing and Mapping
Board to promulgate a legislative rule relating to final
distribution and use of the Statewide Addressing and Mapping Fund;
authorizing Statewide Addressing and Mapping Board to promulgate a
legislative rule relating to standard fees for planimetric
elevation data; authorizing Board of Veterinary Medicine to
promulgate a legislative rule relating to organization and
operation; authorizing Board of Veterinary Medicine to promulgate
a legislative rule relating to certified animal euthanasia
technicians; and authorizing Board of Veterinary Medicine to
promulgate a legislative rule relating to a schedule of fees.
With the recommendation that the committee substitute 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. 350, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to reportable
diseases, events and conditions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 350 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
Department of Health and Human Resources 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; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to
assisted living residences; authorizing Department of Health and
Human Resources to promulgate a legislative rule relating to
Alzheimer's/dementia special care units and programs; authorizing
Department of Health and Human Resources and Insurance Commissioner
to promulgate a legislative rule relating to hospital licensure;
authorizing Department of Health and Human Resources to promulgate
a legislative rule relating to public water systems; authorizing
Department of Health and Human Resources to promulgate a
legislative rule relating to lead abatement licensing; authorizing
Department of Health and Human Resources to promulgate a
legislative rule relating to fees for permits; authorizing
Department of Health and Human Resources to promulgate a
legislative rule relating to cancer registry; authorizing
Department of Health and Human Resources to promulgate a
legislative rule relating to reportable diseases, events and
conditions; and authorizing Department of Health and Human
Resources to promulgate a legislative rule relating to regulation
of opioid treatment programs.
With the recommendation that the committee substitute 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. 353, Authorizing Division of Highways
promulgate legislative rule relating to transportation of hazardous
wastes upon roads and highways.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 353 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
Department of Transportation 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; authorizing Division of Highways to
promulgate a legislative rule relating to use of state road rights-
of-way and adjacent areas; authorizing Division of Highways to
promulgate a legislative rule relating to transportation of
hazardous waste upon roads and highways; authorizing Division of
Motor Vehicles to promulgate a legislative rule relating to denial,
suspension, revocation, restriction or nonrenewal of driving
privileges; and authorizing Division of Motor Vehicles to
promulgate a legislative rule relating to motor vehicle dealers and
other businesses regulated by the division.
With the recommendation that the committee substitute 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. 357, Authorizing Insurance Commissioner
promulgate legislative rule relating to Medicare supplement
insurance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 357 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
Department of Revenue 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; authorizing Insurance Commissioner to
promulgate a legislative rule relating to unfair trade practices;
authorizing Insurance Commissioner to promulgate a legislative rule
relating to licensing and conduct of individual insurance
producers, agencies and solicitors; authorizing Insurance
Commissioner to promulgate a legislative rule relating to the West
Virginia Essential Property Insurance Association; authorizing
Insurance Commissioner to promulgate a legislative rule relating to
nonrenewal of property insurance policies; authorizing Insurance Commissioner to promulgate a legislative rule relating to private
passenger automobile and property insurance - biannual rate filing
requirements; authorizing Insurance Commissioner to promulgate a
legislative rule relating to replacement of life insurance policies
and annuity contracts; authorizing Racing Commission to promulgate
a legislative rule relating to greyhound racing; authorizing Tax
Commissioner to promulgate a legislative rule relating to business
registration certificate - suspension for failure to pay personal
property taxes; and authorizing Tax Commissioner to promulgate a
legislative rule relating to valuation of active and reserve coal
for ad valorem property tax purposes.
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
Com. Sub. for Senate Bill No. 511, Relating to municipal
policemen's and firemen's pension funds.
And,
Senate Bill No. 566, Amending Crime Victims Compensation Act.
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. 570, Relating to fairness and equity in public
school finance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 570 (originating in the
Committee on Finance)--A Bill to amend and reenact §11-1C-5 and
§11-1C-9 of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto a new section, designated §11-1C-5b; to
amend and reenact §11-8-6f of said code; to amend and reenact §18-
9A-2 and §18-9A-11 of said code; and to amend and reenact §18A-4-5
of said code, all relating to the enforcement of certain
requirements relating to property assessments; including declaring
refusal to comply with certain provisions grounds for removal from
office; eliminating any variance from the sixty percent of current
market value or the appropriate ratio; requiring the Tax
Commissioner annually to prepare an assessment ratio study
indicating the median ratio of assessed values to the actual
selling prices for certain real properties; phasing in over six years the requirement that each county's local share be calculated
based on what the assessment ratio study indicates is sixty percent
of market value of certain properties; requiring adjustments to
certain property as indicated by the assessment ratio study;
updating in the Growth County School Facilities Act to be
consistent with new method of calculating local share; clarifying
the definition of adjusted enrollment; reducing the percentage of
the levy rate for county boards of education used in the
calculation of local share; eliminating obsolete language;
requiring the State Board of Education to develop and maintain
state equity salary schedules for teachers and service personnel;
and making other technical changes.
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. 576, Changing calculation of
prejudgment and post-judgment interest.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 23, 2006;
And reports the same back with the recommendation that it do
pass, as amended.
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. 600, Imposing factory-built home and real
property transfer fees.
And,
Senate Bill No. 666, Allowing use of accumulated sick leave
for family leave.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bills, 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
Com. Sub. for Senate Bill No. 616, Establishing regulated
consumer lenders' reporting requirements.
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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 620, Relating to consolidation of
administrative services by boards of education and regional
education service agencies.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
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. 636, Relating to Court Security Fund's
administrative costs.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator 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 the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 638, Placing Workforce Development Initiative
Program under Council for Community and Technical College
Education.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 638 (originating in the
Committee on Education)--A Bill to amend and reenact §18B-3D-2,
§18B-3D-3, §18B-3D-4 and §18B-3D-5 of the Code of West Virginia,
1931, as amended, all relating to Workforce Development Initiative
Program; program continuation under West Virginia Council for Community and Technical College Education; appointment of advisory
committee members; requiring report to Legislative Oversight
Commission on Education Accountability; requiring plan as part of
institutional compact; requiring promulgation of legislative rule;
providing for continuation of current rule; and making technical
corrections.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 653, Relating to duties of Chief Technology
Officer; establishing Technology Infrastructure Fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 653 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §5A-6-1, §5A-6-2, §5A-6-4, §5A-6-5 and §5A-6-6 of the
Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto three new sections, designated §5A-6-4a, §5A-6-4b
and §5A-6-9, all relating to the Office of Technology; making legislative findings; defining certain terms; detailing duties,
powers and authority of the Chief Technology Officer; establishing
a Project Management Office; requiring state spending units to
provide notice and obtain approval of Chief Technology Officer for
certain information technology and telecommunication projects; and
establishing and providing the administration for the West Virginia
Technology Infrastructure Fund.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Government Organization.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 653) contained in the
preceding report from the Committee on Transportation and
Infrastructure was taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee reference, was then referred to the Committee on
Government Organization.
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. 692, Conforming consumers sales and service tax law to requirements of Streamlined Sales and Use Tax Agreement.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 692 (originating in the
Committee on Finance)--A Bill to amend and reenact §11-15-9d and
§11-15-20 of the Code of West Virginia, 1931, as amended; to amend
and reenact §11-15A-3d of said code; to amend and reenact §11-15B-
2, §11-15B-2a, §11-15B-13, §11-15B-14a, §11-15B-15, §11-15B-18,
§11-15B-19, §11-15B-20, §11-15B-23, §11-15B-24, §11-15B-35 and §11-
15B-36 of said code; and to amend said code by adding thereto two
new sections, designated §11-15B-2b and §11-15B-37, all relating
generally to conforming West Virginia's consumers sales and service
tax law to requirements of the Streamlined Sales and Use Tax
Agreement as amended; incorporating certain substantive provisions
of the agreement pertaining to definitions, administration,
collection and enforcement of sales and use taxes; deleting
obsolete language; making other technical changes; and specifying
effective dates.
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
Senate Bill No. 773, Relating to certificate of need
standards.
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. 780 (originating in the Committee on the
Judiciary)--A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new article, designated §46A-6L-1,
§46A-6L-2, §46A-6L-3 and §46A-6L-4, all relating to gift
certificates generally; defining terms; prohibiting expiration
dates on gift certificates of less than three years; stating
exceptions; limiting imposition of various fees and charges which
reduce the value of a gift certificate; and imposing penalties.
And reports the same back with the recommendation that it 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. 781 (originating in the Committee on Finance)-
-A Bill to amend and reenact §5A-3-42 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new
section, designated §5A-3-40a, all relating to long-term leases for
wireless communication towers on public lands; authorizing the
Secretary of the Department of Administration to negotiate and
enter into long-term lease agreements; limiting the duration and
conditions of such agreements; and directing the secretary to
promulgate rules.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 782 (originating in the Committee on
Education)--A Bill to amend and reenact §18-2E-3c of the Code of
West Virginia, 1931, as amended, relating to the READS grant
program; changing focus from providing remediation in grades kindergarten through four to providing intervention in grades
kindergarten through three; adding before school and after school
to the times in which reading intervention can occur under the
grant program; providing for scientifically based instruction,
student learning strategies, teaching strategies and school
management strategies; adding additional requirements for program
recipients; adding schools to the priorities for awarding grants;
adding requirement for the grant program application; adding
formative assessment as a method for identifying students in danger
of failing; changing advisory board membership; eliminating the
Department of Education employee limit for the grant review and
selection panel; changing deadlines for grant application and
providing grant awards; and allowing the state board to fund
tutoring by highly qualified teachers or specifically trained
individuals.
Senate Bill No. 783 (originating in the Committee on
Education)--A Bill to amend and reenact §18A-4-2a of the Code of
West Virginia, 1931, as amended, relating to defining completion of
the National Board for Professional Teaching Standards
certification.
Senate Bill No. 784 (originating in the Committee on
Education)--A Bill to amend and reenact §18A-3-3 of the Code of
West Virginia, 1931, as amended, relating to allowing professional
development in lieu of semester hours for certificate renewal; and providing for permanent certification upon achieving National Board
for Professional Teaching Standards certification.
And,
Senate Bill No. 785 (originating in the Committee on
Education)--A Bill to amend and reenact §18-2-7a of the Code of
West Virginia, 1931, as amended, relating to requirements for
physical education in the public schools; grouping requirements by
programmatic rather than grade levels; and requiring state board
rule on collection, use and reporting body mass index data.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Robert H. Plymale,
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. 786 (originating in the Committee on Finance)-
-A Bill to amend and reenact §11-21-12 of the Code of West
Virginia, 1931, as amended, relating to calculation of West
Virginia adjusted gross income for personal income tax purposes;
and subtracting certain severance wages from federal adjusted gross
income.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 786) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator 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. 787 (originating in the Committee on
Transportation and Infrastructure)--A Bill to repeal §17-16C-4 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §17-16D-1, §17-16D-2,
§17-16D-3 and §17-16D-4, all relating to the coordination of
transportation needs of the transportation disadvantaged; creating
a Transportation Coordinating Council within the Department of
Transportation; establishing its membership, responsibilities and
reporting requirements; and requiring the use of public transit
systems under certain circumstances.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the sixth order of business.
Senators Unger and Foster offered the following resolution:
Senate Concurrent Resolution No. 61--Requesting the Joint
Committee on Government and Finance study transportation safety
issues to promote safe driving practices in the State of West
Virginia.
Whereas, The Legislature desires to promote safe driving in
the State of West Virginia in the most efficient manner, including
safe operating practices by users of cellular phones and by teenage
drivers; and
Whereas, The use of cellular phones has increased; therefore,
the number of individuals concurrently driving and talking on cell
phones has increased; and
Whereas, The precise effects associated with the use of cell
phones while driving are not yet fully known; and
Whereas, A graduated driver's license program exists in the
State of West Virginia for teenage drivers; and
Whereas, Automobile accidents involving teenage drivers,
resulting in fatalities and serious injuries, are of serious
concern; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study transportation safety issues to promote safe
driving practices in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance's study include whether the manual manipulation of
equipment has a negative impact on driving and the effects of
hand-held and hands-free cellular phone usage; and, be it
Further Resolved, That the Joint Committee on Government and
Finance's study include examining the number of teen passengers
accompanying a teen driver, adjusting the current 11 p. m. curfew
for teen drivers and raising the minimum age to obtain a driver's
license from 15 years to 16 years; 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 Sprouse, McCabe and Foster offered the following
resolution:
Senate Concurrent Resolution No. 62--Petitioning the United
States Congress allow a variance to the gross vehicle weight limit
of approximately 30 miles of I-77/I-64 between Marmet, Kanawha
County, and Mossy, Fayette County, to allow 120,000 pounds of gross
vehicle weight.
Whereas, In 2004, the Legislature enacted legislation to allow
trucks to pass through the town of Chesapeake, Kanawha County, with
a gross vehicle weight of 120,000 pounds; and
Whereas, This legislation allows upwards of 400 trucks to pass
through Chesapeake daily, creating environmental and safety hazards
of dust, speed and close proximity to parked vehicles and children
in school zones and on the streets; and
Whereas, Before this legislation was passed, truck traffic
consistently had an overweight gross vehicle weight of 160,000
pounds and used I-77/I-64 between Marmet, Kanawha County, and
Mossy, Fayette County; and
Whereas, I-77/I-64 weight limits are regulated by the United
States Department of Transportation's Federal Highway
Administration and not the State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby petitions the United States
Congress to allow a variance to the gross vehicle weight limit of
approximately 30 miles of I-77/I-64 between Marmet, Kanawha County,
and Mossy, Fayette County, to allow 120,000 pounds of gross vehicle weight; 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.
Senator White offered the following resolution:
Senate Concurrent Resolution No. 63--Requesting the Joint
Committee on Government and Finance study the feasibility of a
national park in the High Allegheny Region of West Virginia.
Whereas, The High Allegheny Region of West Virginia, which
comprises portions of the Monongahela National Forest, Blackwater
Falls State Park, Seneca Rocks, portions of Canaan Valley and the
Blackwater Canyon area, is an important natural, cultural, economic
and recreational resource in the state; and
Whereas, The High Allegheny Region of West Virginia has
substantial natural areas and habitats which are assets to the
people of West Virginia and the nation and provide important
amenities for residents and visitors that encourage retirement home
development, tourism and other business development that is crucial
to the future of the region and the state; and
Whereas, There is a need for consistent, professional and
well-funded management of the key natural areas and public lands in
the High Allegheny Region of West Virginia in order to conserve and
enhance these important assets and to provide for optimal and sustainable economic development of the area; and
Whereas, Economic studies have consistently shown important
long-term economic benefits from the creation of national parks to
manage important natural areas and protected public lands; and
Whereas, West Virginia, although home to some of the most
beautiful areas in the eastern United States, has only four units
of the National Park System, by far the lowest in the region; and
Whereas, Establishment of a High Allegheny national park in
West Virginia will have a positive economic impact on the state in
the following ways: (1) Increased revenue for county governments
in the form of payments from the National Park Service; (2)
increased employment from the National Park Service and from the
related growth of the tourism, retirement and recreational
industries; (3) increased net migration to the area; (4) increased
private property values; (5) increased tax revenue for county
governments from retirement home ownership; (6) decreased local and
state burden on public land infrastructure and management; (7)
increased tourism-related spending in local communities; and (8)
improved management of key natural areas and protected public
lands; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of a national park in the High
Allegheny Region of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to determine the benefits and costs of
the development of a High Allegheny national park as well as study
the economic development potential, job creation potential and
tourism value; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to determine the use of lands that
could be incorporated in a High Allegheny national park; 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 Yoder and McCabe offered the following resolution:
Senate Resolution No. 29--Acknowledging Happy Retreat as a
historical landmark and expressing support for the efforts of the
City of Charles Town to acquire Happy Retreat.
Whereas, Happy Retreat, located in Charles Town, Jefferson
County, was the home of Charles Washington, founder of the City of Charles Town and the brother of our nation's first President,
George Washington; and
Whereas, The original home was built in 1780 and both Charles
Washington and his wife, Mildred, are buried on the property; and
Whereas, Located on the Washington Heritage Trail National
Scenic Byway, Happy Retreat holds historic significance within the
City of Charles Town, the State of West Virginia and the United
States; and
Whereas, The City of Charles Town is seeking to preserve this
historic property as a heritage center or park; therefore, be it
Resolved by the Senate:
That the Senate hereby acknowledges Happy Retreat as a
historical landmark and expresses support for the efforts of the
City of Charles Town to acquire Happy Retreat; 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, Tomblin (Mr. President), McCabe, Minear,
Edgell, Plymale, Minard, Foster, Dempsey and Hunter offered the
following resolution:
Senate Resolution No. 30--Designating February 24, 2006, as
"Children's Day".
Whereas, West Virginia's children are the state's most
precious resource; and
Whereas, It is our responsibility as a community to care for,
protect and nurture our children; and
Whereas, It is our responsibility to promote the health, well-
being and education of our children as we prepare them for the
challenges of adult life; and
Whereas, It is our responsibility to involve ourselves in
seeking opportunities to serve the needs of our children in order
to help them achieve their highest potential; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 24, 2006, as
"Children's Day"; and, be it
Further Resolved, That the Senate recognizes its
responsibility to the children of West Virginia and its commitment
to their preparation for a productive future; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials with the
Coalition for West Virginia's Children.
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.
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 Hunter, McCabe, Minear, Edgell, Plymale, Minard,
Foster, Dempsey and Harrison offered the following resolution:
Senate Resolution No. 31--Designating February 24, 2006, as
"Social Work Day".
Whereas, Social workers help millions of people by addressing
social and psychological problems to improve their lives; and
Whereas, Social workers bridge the gap between resources and
services for those who need it; and
Whereas, Social workers shape numerous programs and policies
that improve community life; and
Whereas, Social workers use their education, training and
commitment to strengthen individuals, families and communities; and
Whereas, Social workers assist others in overcoming
adversities to make a significant impact on the well-being of
society; and
Whereas, Social workers serve as advocates for the poor and
disenfranchised who are not able or privileged to advocate for
themselves; and
Whereas, Social workers provide services in many settings,
including private practices, family counseling centers, courts,
nursing homes, hospices, mental health clinics, child welfare
agencies, hospitals, schools, universities, prisons and
corporations, as well as public and private agencies; therefore, be
it
Resolved by the Senate:
That the Senate hereby designates February 24, 2006, as
"Social Work Day"; and, be it
Further Resolved, That the Senate hereby recognizes the many
contributions of social workers, including their professionalism,
dedication and commitment to those they serve; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials representing
"Social Work Day".
At the request of Senator Hunter, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Love, and by unanimous consent, returned to
the second order of business and the introduction of guests.
The Senate then proceeded to the seventh order of business.
Senate Concurrent Resolution No. 52, Requesting Joint
Committee on Government and Finance study revenues and expenditures
of Parkways, Economic Development and Tourism Authority.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 53, Requesting Department of Health and Human Resources study mental health system crisis.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Health and
Human Resources.
Senate Concurrent Resolution No. 54, Requesting Joint
Committee on Government and Finance direct Commission on Interstate
Cooperation study extradition laws.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Rules.
Senate Concurrent Resolution No. 55, Requesting Bureau of
Senior Services and DEP study volunteer environmental projects'
opportunities.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
the
Judiciary.
Senate Concurrent Resolution No. 56, Requesting Division of
Highways name bridge in Nolan, Mingo County, "William Shayde
Chapman Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 57, Requesting Congress
include portion of State Route 10 as corridor in Appalachian
Highway Development System.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 58, Requesting Joint
Committee on Government and Finance study Title XIX Medicaid Waiver
Program.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Rules.
Senate Concurrent Resolution No. 59, Requesting Governor
proclaim fourth Friday of April each year "Children's Memorial Flag
Day".
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 60, Requesting Joint
Committee on Government and Finance study feasibility of
establishing statewide automated victim notification network.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Resolution No. 27, Promoting Perinatal Wellness Study.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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.
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.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The following amendments to the resolution, from the Committee
on Economic Development, were reported by the Clerk, considered
simultaneously, and adopted:
On page one, by striking out everything after the title and
inserting in lieu thereof the following:
Whereas, The United States faces foreign and domestic threats
to the petroleum and natural gas resources so vital to our economy;
and
Whereas, West Virginia has an estimated 50 billion tons of
coal reserves; and
Whereas, Coal liquefaction and other conversion processes can
turn each ton of coal into as much as three barrels of liquid fuel;
and
Whereas, Governor Joe Manchin III has established the West
Virginia Coal Conversion Initiative to bring the public and private
sectors together to build coal conversion facilities and related
infrastructures in the Mountain State; and
Whereas, Such facilities would bring much needed jobs and
economic development and take the state away from a dependence on
outside fuels; and
Whereas, West Virginia is located within 500 miles of half of
the nation's population and West Virginia's coal reserves are of
the highest quality; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Governor of the State
of West Virginia and the West Virginia Development Office to put a
priority on putting forward locations in the coalfield counties for
the proposed coal conversion facilities; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Governor of
the State of West Virginia and the West Virginia Development
Office.;
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
House Concurrent Resolution No. 17--
Requesting the Governor of
the State of West Virginia and the West Virginia Development Office
to put a priority on putting forward locations in the coalfield
counties for the proposed coal conversion facilities.
The question being on the adoption of the resolution (H. C. R.
No. 17), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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 read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S.
B. No. 166) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 228, Expanding Route 2 and Interstate 68
Authority territory.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Caruth, Chafin, Dempsey, Edgell, Facemyer, Fanning, Foster,
Helmick, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Plymale,
Sharpe, Unger, Weeks, White and Tomblin (Mr. President)--22.
The nays were: Barnes, Boley, Deem, Guills, Harrison, Hunter,
McKenzie, Minear, Oliverio, Prezioso, Sprouse and Yoder--12.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 228) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 605, Relating to personal property tax
receipt as prerequisite proof for vehicle registration.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 605) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 613, Creating Community Empowerment
Transportation Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 613 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Helmick, Hunter, Jenkins, Kessler, Lanham,
Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Harrison--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 613) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 771, Making technical corrections in fire
code.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 771) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4047, Relating to part-time
prosecuting attorneys.
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.
Com. Sub. for Senate Bill No. 170, Creating Health Information
Network.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 243, Relating to banks'
self-ownership of stock.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 426, Relating to contractors'
employment of certain unauthorized workers.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 438, Regulating title insurance rates.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 497, Repealing requirement nonresidents post
security for court costs.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 509, Clarifying automobile
franchise law.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page twelve, section eight, lines forty-five through forty-
eight, by striking out all of subdivision (3) and inserting in lieu
thereof a new subdivision (3), to read as follows:
"(3) Upon the termination, cancellation or nonrenewal where
the manufacturer or distributor is discontinuing the sale of a
product line, the manufacturer or distributor shall pay or provide
to the motor vehicle dealer:";
On page thirteen, section eight, line fifty-six, after the
word "years" by changing the period to a colon and inserting the
following proviso: Provided, That the motor vehicle dealer has
adequate facilities, trained personnel and equipment to perform
warranty repairs.;
On page thirty-two, section ten, line three hundred twenty-five, after the word "surcharge," by inserting the word
"unreasonable";
And,
On page thirty-two, section ten, line three hundred twenty-
six, after the word "other" by inserting the word "unreasonable".
The bill (Com. Sub. for S. B. No. 509), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 567, Creating Energy Policy and
Development Act.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Unger, unanimous consent being
granted, the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Senate Bill No. 619, Relating to Physicians' Mutual Insurance
Company board member's term.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 760, Allowing former WVU School of Mines'
Director serve on Mine Inspectors' Examining Board.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Energy, Industry and Mining, was reported by the Clerk and adopted:
On page two, section one, line two, after the word "who" by
striking out the comma and the words "except for the public
representative on such board,".
The bill (S. B. No. 760), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 772, Providing for subrogation rights for
James "Tiger" Morton Catastrophic Illness Commission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. House Bill No. 4019, Relating to the preparation and
distribution of a digest or summary of the budget bill.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4063, Expanding the
authority of the Commissioner of Banking concerning use of certain
banking terms in connection with the name of a business.
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.Com.
Sub. for Senate Bill No. 10, Allowing tax credits for community
foundation contributions.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 11, Adding circuit court judge to twenty-third judicial circuit.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 114, Relating to teen court
program fees.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 251, Creating Beckley-Raleigh County Building
Code Authority.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 361, Relating to investment powers of
Investment Management Board.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 463, Modifying qualifications for license to
practice medicine.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 490, Providing gasoline excise
tax exemption for certain county aging programs.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 496, Allowing out-of-state transport of legally obtained game.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 575, Causing disciplinary action
against contractor licensee for certain court-ordered judgments.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 581, Amending definition of "person" relating
to motor fuel excise tax.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 582, Requiring electronic filing of certain
personal income tax returns.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 591, Authorizing Tax Commissioner collect cost
of federal refund offset fees.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 598, Relating to Teachers Retirement System's
qualified plan status.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 609, Relating to time period for filing senior citizens' property tax credit claim.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 626, Requiring annual personal income tax
withholding reconciliations.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 627, Allowing facsimile signatures on tax
liens.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 689, Requiring court approval of
certain structured settlements.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 693, Removing certain Court of Claims' review
procedures.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 722, Providing statute of limitations for
certain sales by trustee.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 753, Extending time for Grant County board of education to meet as levying body.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 775, Providing county commission establish
salaries of elected officials.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 776, Relating to Bureau of Employment
Programs.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 777, Relating to replacement of underground
water supplies damaged by coalbed methane wells.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 778, Relating to State Conservation Committee
and conservation districts.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 779, Clarifying county commission authority
regarding voluntary farmland protection programs.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Kessler, the bill was referred to the Committee on Finance.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Foster and Caruth.
Thereafter, at the request of Senator Hunter, and by unanimous
consent, the remarks by Senators Foster and Caruth were ordered
printed in the Appendix to the Journal.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator 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. 127, Relating to regional
education service agencies.
And has amended same.
Senate Bill No. 503, Providing pay raise for State Police;
temporary promotions.
And has amended same.
And,
Senate Bill No. 558, Providing salary adjustments for certain
appointive state officers.
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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 173, Relating to public employees
preretirement death benefits.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 173 (originating in the
Committee on Finance)--A Bill to amend and reenact §5-10-27 of the
Code of West Virginia, 1931, as amended, relating to the Public
Employees Retirement System; clarifying right of members and former
members to select certain beneficiaries for preretirement death
annuities; limiting choice of beneficiaries to receive
preretirement death annuities for new members only; providing for
preretirement death benefit of accumulated contributions to be paid
in a lump sum amount to any beneficiary or beneficiaries chosen by
a member; date of membership and date of passage controlling
election of benefits; and recognizing exception for certain members
who die as a result of active military service.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Unger, unanimous consent being
granted, it was ordered that the Journal show had Senator Unger
been present in the chamber on yesterday, Thursday, February 23,
2006, he would have voted "yea" on the passage of Engrossed Senate
Bill No. 370.
Pending announcement of meetings of standing committees of the
Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 27, 2006, at 11 a.m.
____________