sdj-48th day

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

Charleston, W. Va., Monday, February 27, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Jeff Benedict, Northern Regional Jail and Correctional Facility, Moundsville, West Virginia.
Pending the reading of the Journal of Friday, February 24, 2006,
On motion of Senator Yoder, 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, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 216, Continuing Women's Commission.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On page two, section seven, line five, by striking out the word "eight" and inserting in lieu thereof the word "twelve".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 216, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 216) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 454, Removing Insurance Commissioner as health maintenance organizations' attorney for service of process purposes.
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. 4569--A Bill extending the time for the county commission of Harrison County, West Virginia, to meet as a levying body for the purpose of presenting to the voters of the county an election on the question of continuing the excess levy for bus services in Harrison County from between the seventh and twenty-eighth days of March until the first Thursday in June, two thousand six.
Referred to the Committee on Government Organization.
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. 4625--A Bill to amend and reenact §18A-5-1 and §18A-5-1a of the Code of West Virginia, 1931, as amended, all relating to authority over pupils; and extending certain authority to administrative head of school or professional personnel designee of school principal or administrative head.
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 July 1, 2006, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4689--A Bill to amend and reenact §18A-4-1 and §18A-4-2 of the Code of West Virginia, 1931, as amended, all relating to increasing beginning teacher salaries to no less than the amount prescribed on the state minimum salary schedule for teachers with three years of experience; effect on experience increments; and teachers employed after effective date.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4751--A Bill extending the time for the Board of Education of the County of Grant to meet as a levying body for the purpose of presenting to the voters of the county an election to adopt an additional school levy to provide funding for improvement of facilities and instructional programs for the students of Grant County from between the seventh and twenty-eighth days of March until the third Tuesday in May, two thousand six.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 30--Naming the bridge located on Point Lick Drive in Campbells Creek, West Virginia, which traverses Campbells Creek, the "Jimmie D. Bays Bridge".
Whereas, Jimmie D. Bays was a native and resident of Campbells Creek, West Virginia, being born in 1932; and
Whereas, Mr. Bays was a member of Company H, 2nd Battalion, 9th Infantry Regiment, Second Infantry Division, in the United States Army, where he served with great distinction, displaying great acts of heroism as a Private First Class during the Korean Conflict; and
Whereas, Private Bays was killed in action on September 5, 1950, while, on behalf of United Nations forces, he was defending South Korean soil from an incursion of an overwhelmingly superior numerical force of communist North Korean invaders; and
Whereas, As the result of his great acts of gallantry upon the field of battle, Private Bays was awarded posthumously a Purple Heart, the Combat Infantryman's Badge, the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal and the Republic of Korea War Service Medal; and
Whereas, The magnitude and scope of Private Bays' acts of gallantry exist, undiluted by the passage of time, and are best exemplified by the ultimate sacrifice he selflessly made having but barely reached the chronological threshold of adulthood and having not yet attained the prime of his youth; a greatly premature passage from the earthly bonds of life and family for one hardly above the age of eighteen; and
Whereas, Private Bays' acts of great courage and gallantry should not go without recognition and tribute from this legislative body; and
Whereas, As a small token of the entirety of this legislative body's recognition, gratitude and respect for Private Bays' selfless acts of heroism, undertaken on behalf of his fellow countrymen and citizens of the world, on a foreign battlefield many thousands of miles away from his beloved West Virginia, it is hereby decreed that the bridge located on Point Lick Drive in Campbells Creek, West Virginia, which traverses Campbells Creek, be named the "Jimmie D. Bays Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge located on Point Lick Drive in Campbells Creek, West Virginia, which traverses Campbells Creek, the "Jimmie D. Bays Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to post signs at each entrance of the above-designated bridge, with words, printed in bold and prominent fashion, designating the bridge as the "Jimmie D. Bays Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to provide a certified copy of this resolution to Mr. Bays' surviving brother, Doyle Bays, the Department of the United States Army in Washington, D. C., and to the State Commissioner of Highways.
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. 39--Requesting the Division of Highways name the bridge located at Howell's Mill near Ona, West Virginia, the "Rimmer-White Bridge".
Whereas, In 1850, Peter and "Lou" White settled along the right descending bank of the Mud River at the site of the new bridge. In 1911 Fielding and "Callie" Rimmer moved into a house on the other side of the river at the bridge site. Today many Rimmer and White descendants live on both sides of the river near the new bridge; and
Whereas, The families and residents of this area desire that this bridge be officially recognized as the "Rimmer-White Bridge" in honor of their contributions to this community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby names the bridge at Howell's Mill near Ona, WV, in Cabell County, two miles north from Route 60 on Howell's Mill Road, Country Route 1, and crosses Mud River in West Virginia, the "Rimmer-White Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this concurrent resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the West Virginia State Historic Preservation Office and to the families of Ruth Rimmer Markin and "Buddy" White.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 22nd day of February, 2006, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 505), Extending time for Fairmont city council to meet as levying body.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
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. 177, Requiring repayment of public defender services.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 177 (originating in the Committee on the Judiciary)--A Bill to repeal §29-21-12, §29-21-13 and §29-21-13a of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-21-3, §29-21-6, §29-21-8, §29-21-9, §29-21-10, §29-21-11 and §29-21-16 of said code, all relating to Public Defender Services generally; continuing Public Defender Services; creating the Indigent Defense Commission; specifying members and their terms; transferring certain powers and duties of agency to the executive director and Indigent Defense Commission; authorizing the executive director to reduce or reject certain vouchers; authorizing resubmission of reduced or rejected vouchers; authorizing removal of public defender corporation board members for cause; activation of corporations; permitting the employment of both full-time and part-time attorneys; allowing for contracting with part-time attorneys; mandating the order of appointment of panel attorneys; removing the sections relating to public defender corporations' funding; requiring corporations to submit budget; authorizing amended funding contracts; providing for payment of fees to panel attorneys; and requiring services provided to public defender corporations.
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 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.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 177) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 788 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-1-46 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-2-5 and §3-2-10 of said code; to amend and reenact §3-3-8 of said code; to amend and reenact §3-5-23 of said code; and to amend and reenact §3-8-10 of said code, all relating generally to elections; establishing training requirements for county clerks; making amendments to conform to requirements of the Help America Vote Act; clarifying requirements for voter registration drives; providing penalties for voter registration violations; clarifying use of excess campaign contribution funds; clarifying processing of absentee ballots; and making technical corrections.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 788) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the sixth order of business.
Senators Tomblin (Mr. President) and Dempsey offered the following resolution:
Senate Concurrent Resolution No. 64- Requesting the Division of Highways name the new bridge on Route 17 in Sharples, Logan County, the "Sharples Stags Memorial Bridge".
Whereas, Sharples High School was constructed in 1963; and
Whereas, In 1993, students who attended Sharples High School were relocated to Chapmanville High School and Scott High School as a result of a consolidation effort; and
Whereas, Sharples High School, which has been razed, stood near the site of the newly constructed bridge on Route 17; and
Whereas, Sharples High School alumni are interested in preserving the memory of their alma mater by naming the newly constructed bridge on Route 17 in Sharples, Logan County, the "Sharples Stags Memorial Bridge" as a lasting tribute to those who attended Sharples High School; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the new bridge on Route 17 in Sharples, Logan County, the "Sharples Stags Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying the bridge as the "Sharples Stags Memorial Bridge"; and, be it
Further Resolved, That the Clerk of 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, Dempsey, Harrison, Fanning, Jenkins and Chafin offered the following resolution:
Senate Resolution No. 32- Expressing appreciation to Carl Ward for his contributions to Ceredo-Kenova High School, his community and the State of West Virginia.
Whereas, Carl Ward served as head football coach at Ceredo- Kenova High School for 29 years, from 1959 to 1988; and
Whereas, During his tenure as head coach, Carl Ward achieved an overall record of 244 wins, 61 losses and 1 tie; and
Whereas, As head coach, Carl Ward guided the Ceredo-Kenova High School football team to 16 post-season appearances, 13 state finals and 10 state championship wins; and
Whereas, Now retired, Carl Ward continues to serve as an example of honesty and integrity, not only for his former students and players, but for his community; therefore, be it
Resolved by the Senate:
That the Senate hereby expresses its appreciation to Carl Ward for his contributions to Ceredo-Kenova High School, his community and the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Carl Ward.
At the request of Senator Plymale, 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 Love, White, Minard, Unger, Dempsey, Harrison, Jenkins, Foster and Kessler offered the following resolution:
Senate Resolution No. 33- Designating February 27, 2006, as "Corrections Day".
Whereas, Correctional employees have direct daily contact with inmates and maintain public safety while, at the same time, attempting to rehabilitate adult and youth offenders for reentry into society; and
Whereas, Significant components of the criminal justice system and the nature of correctional employees' work is such that they must maintain a high level of security in a stressful and uncertain environment; and
Whereas, The dedicated service of correctional employees of the Division of Corrections and the Division of Juvenile Services is appreciated; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 27, 2006, as "Corrections Day"; and, be it
Further Resolved, That the Senate hereby recognizes the outstanding service, dedication and commitment of the employees of the Division of Corrections and the Division of Juvenile Services; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Division of Corrections and the Division of Juvenile Services.
At the request of Senator Love, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order, which agenda includes the making of main motions.
Senator Barnes moved that the Senate Committee on Finance be discharged from further consideration of
Senate Bill No. 674, Increasing personal income tax exemption.
The question being on the adoption of the aforesaid motion by Senator Barnes, the same was put.
The result of the voice vote being inconclusive, Senator Weeks demanded a division of the vote.
A standing vote being taken, there were ten "yeas" and twenty- two "nays".
Whereupon, Senator Tomblin (Mr. President) declared the motion by Senator Barnes had not prevailed.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 61, Requesting Joint Committee on Government and Finance study transportation safety issues.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 62, Petitioning Congress allow gross vehicle weight limit variance on I-77/I-64 between Marmet, Kanawha County, and Mossy, Fayette County.
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. 63, Requesting Joint Committee on Government and Finance study feasibility of national park in High Allegheny Region.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Resolution No. 29, Supporting Charles Town's efforts to acquire historical landmark Happy Retreat.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Yoder, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 170, Creating Health Information Network.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 170) 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 Senate Bill No. 243, Relating to banks' self-ownership of stock.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 243) 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 Senate Bill No. 426, Relating to contractors' employment of certain unauthorized workers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 426) 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. 438, Regulating title insurance rates.
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. 438) 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. 497, Repealing requirement nonresidents post security for court costs.
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. 497) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 497) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 509, Clarifying automobile franchise law.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 509) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 567, Creating Energy Policy and Development Act.
On third reading, coming up in regular order, with the right having been granted on Friday, February 24, 2006, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Unger, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page five, section two, lines thirty-nine and forty, by striking out all of subdivision (7) and inserting in lieu thereof a new subdivision (7), to read as follows:
"(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Administration and Research; and";
And,
On page eighteen, section one, lines sixty-eight and sixty- nine, by striking out all of subdivision (7) and inserting in lieu thereof a new subdivision (7), to read as follows:
"(7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Administration and Research; and".
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 567 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 567) 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. 619, Relating to Physicians' Mutual Insurance Company board member's term.
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. 619) 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. 760, Allowing former WVU School of Mines' Director serve on Mine Inspectors' Examining 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. 760) 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. 772, Providing for subrogation rights for James "Tiger" Morton Catastrophic Illness Commission.
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. 772) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4019, Relating to the preparation and distribution of a digest or summary of the budget bill.
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.
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.
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 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. 10, Allowing tax credits for community foundation contributions.
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. 11, Adding circuit court judge to twenty-third judicial circuit.
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. 114, Relating to teen court program fees.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 251, Creating Beckley-Raleigh County Building Code Authority.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page two, section two, lines three and four, by striking out the words "and any other building codes adopted by it".
The bill (S. B. No. 251), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 361, Relating to investment powers of Investment Management Board.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page six, section twelve, line forty-six, after the word "board" by striking out the comma and the words "or the assets of the consolidated fund";
On page six, section twelve, line forty-seven, after the word "plans" by striking out the comma;
On page six, section twelve, line fifty-eight, after the word "consideration" by inserting the words "except for those assets authorized by subsection (g) of this section for which compliance with the percentage limitations shall be measured at such time as the investment is funded";
On page seven, section twelve, line seventy-seven, after the word "assets" by inserting a comma and the words "as measured at the time of the investment,";
And,
On page seven, section twelve, line seventy-eight, after the word "assets" by inserting a comma and the words "as measured at the time of the investment,".
On motion of Senator Helmick, the following amendment to the bill (S. B. No. 361) was next reported by the Clerk and adopted:
On page eight, section twelve, line eighty-eight, by striking out the words "have made an investment funds".
The bill (S. B. No. 361), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 463, Modifying qualifications for license to practice medicine.
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. 490, Providing gasoline excise tax exemption for certain county aging programs.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 496, Allowing out-of-state transport of legally obtained game.
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. 575, Causing disciplinary action against contractor licensee for certain court-ordered judgments.
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. 576, Changing calculation of prejudgment and post-judgment interest.
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 four, section three hundred two, after line forty- four, by adding a new subsection, designated subsection (d), to read as follows:
(d) Amendments to this section enacted in the year two thousand six shall apply the first day of January, two thousand seven.;
And,
On page six, section thirty-one, after line fifty-one, by adding a new subsection, designated subsection (c), to read as follows:
(c) Amendments to this section enacted in the year two thousand six shall apply the first day of January, two thousand seven.
The bill (Com. Sub. for S. B. No. 576), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 581, Amending definition of "person" relating to motor fuel excise tax.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 582, Requiring electronic filing of certain personal income tax returns.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 591, Authorizing Tax Commissioner collect cost of federal refund offset fees.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 598, Relating to Teachers Retirement System's qualified plan status.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 609, Relating to time period for filing senior citizens' property tax credit claim.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page two, section twenty-one, line eleven, by striking out the word "such".
The bill (S. B. No. 609), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 626, Requiring annual personal income tax withholding reconciliations.
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 seven, section seventy-four, line one hundred ten, by striking out the word "five" and inserting in lieu thereof the word "six";
On page seven, section seventy-four, line one hundred eleven, by striking out the word "five" and inserting in lieu thereof the word "six";
And,
On page eight, section seventy-four, line one hundred twenty- six, by striking out the words "liable for" and inserting in lieu thereof the words "subject to".
The bill (S. B. No. 626), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 627, Allowing facsimile signatures on tax liens.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page two, section two, line one, by striking out the words "shall be" and inserting in lieu thereof the word "is";
On page two, section two, line one, by striking out the word "State";
On page two, section two, line three, by striking out the word "such" and inserting in lieu thereof the word "its";
On page two, section two, line four, by striking out the word "such";
On page two, section two, line seven, by striking out the word "such" and inserting in lieu thereof the word "the";
On page two, section two, line eight, by striking out the word "said" and inserting in lieu thereof the word "the";
On page two, section two, line eleven, by striking out the word "said" and inserting in lieu thereof the word "the";
On page two, section two, line thirteen, before the word "county" by striking out the word "such" and inserting in lieu thereof the word "the";
On page two, section two, line thirteen, after the word "of" by striking out the word "such";
On page two, section two, line fifteen, by striking out the word "said";
And,
On page two, section two, line seventeen, by striking out the word "such" and inserting in lieu thereof the word "the";
The bill (S. B. No. 627), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 689, Requiring court approval of certain structured settlements.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 693, Removing certain Court of Claims' review procedures.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 722, Providing statute of limitations for certain sales by trustee.
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. 753, Extending time for Grant County board of education to meet as levying body.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 775, Providing county commission establish salaries of elected officials.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Bowman, 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. 776, Relating to Bureau of Employment Programs.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Bowman, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page four, section two, line thirty-eight, by striking out the word "and";
On page four, section two, line forty-five, after the word "Research" by changing the period to a semicolon and inserting the following: and
(8) Division of Energy provided in article one, chapter five-h of this code.;
On page twelve, section one, line sixty-seven, by striking out the word "and";
And,
On page twelve, section one, line seventy-four, after the word "Research" by changing the period to a semicolon and inserting the following: and
(8) Division of Energy provided in article one, chapter five-h of this code.
The bill (S. B. No. 776), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 777, Relating to replacement of underground water supplies damaged by coalbed methane wells.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 778, Relating to State Conservation Committee and conservation districts.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
On page sixteen, section four, line one hundred thirty-seven, by striking out the word "eight" and inserting in lieu thereof the word "twelve".
The bill (S. B. No. 778), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 786, Exempting certain severance wages from personal income tax.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Senate Bill No. 69, Increasing equity investments of municipal policemen's and firemen's pension and relief funds.
Com. Sub. for Senate Bill No. 107, Relating to venue for certain suits against state.
Com. Sub. for Senate Bill No. 127, Relating to regional education service agencies.
Com. Sub. for Senate Bill No. 173, Relating to public employees preretirement death benefits.
Com. Sub. for Senate Bill No. 265, Adding names of certain deceased veterans to Veterans Memorial Monument.
Com. Sub. for Senate Bill No. 285, Relating to unclaimed property.
Com. Sub. for Senate Bill No. 299, Authorizing various executive or administrative agencies promulgate legislative rules.
Com. Sub. for Senate Bill No. 350, Authorizing Department of Health and Human Resources promulgate legislative rules.
Com. Sub. for Senate Bill No. 353, Authorizing Department of Transportation promulgate legislative rules.
Com. Sub. for Senate Bill No. 357, Authorizing Department of Revenue promulgate legislative rules.
Senate Bill No. 362, Requiring Tax Commissioner disclose certain information to Consolidated Public Retirement Board.
Senate Bill No. 503, Providing pay raise for State Police; temporary promotions.
Com. Sub. for Senate Bill No. 511, Relating to municipal policemen's and firemen's pension funds.
Senate Bill No. 558, Providing salary adjustments for certain appointive state officers.
Com. Sub. for Senate Bill No. 562, Allowing citizens file certain criminal complaints directly with magistrate court.
Senate Bill No. 566, Amending Crime Victims Compensation Act.
Com. Sub. for Senate Bill No. 570, Relating to fairness and equity in public school finance.
Senate Bill No. 578, Allowing Public Service Commission to order takeover of certain utilities.
Com. Sub. for Senate Bill No. 604, Extending certain State Police disability pensions.
Com. Sub. for Senate Bill No. 616, Establishing regulated consumer lenders' reporting requirements.
Senate Bill No. 620, Relating to consolidation of administrative services by boards of education and regional education service agencies.
Senate Bill No. 636, Relating to Court Security Fund's administrative costs.
Com. Sub. for Senate Bill No. 638, Placing Workforce Development Initiative Program under Council for Community and Technical College Education.
Senate Bill No. 673, Authorizing county service fees for infrastructure projects; bonding authority.
Com. Sub. for Senate Bill No. 692, Conforming consumers sales and service tax law to requirements of Streamlined Sales and Use Tax Agreement.
Senate Bill No. 773, Relating to certificate of need standards.
Senate Bill No. 780, Relating to gift certificates.
Senate Bill No. 781, Relating to long-term leases for wireless communication towers on public lands.
Senate Bill No. 782, Relating to READS grant program.
Senate Bill No. 783, Relating to National Board for Professional Teaching Standards certification.
Senate Bill No. 784, Relating to teacher certification.
Senate Bill No. 785, Relating to school physical education requirements.
And,
Senate Bill No. 787, Creating Transportation Coordinating Council.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Harrison, Plymale, Oliverio, Chafin and Sharpe.
Thereafter, at the request of Senator Sprouse, and by unanimous consent, the remarks by Senator Harrison were ordered printed in the Appendix to the Journal.
At the request of Senator Prezioso, unanimous consent being granted, the remarks by Senators Plymale and Oliverio were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.
Upon expiration of the recess, the Senate reconvened and, without objection, returned to the third order of business.
Executive Communications
The Clerk then presented communications from His Excellency, the Governor, advising that on February 21, 2006, he had approved Enr. Senate Bill No. 529; and on February 27, 2006, he had approved Enr. Senate Bill No. 505.
The Senate again proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 18, Granting tuition waivers to children and spouses of parole and probation officers killed in line of duty.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 24, 2006;
Com. Sub. for Senate Bill No. 489, Authorizing Treasurer provide remittance processing and e-government services to political subdivisions.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 23, 2006;
Senate Bill No. 587, Relating to increment pay for certain higher education faculty.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 17, 2006;
And,
Senate Bill No. 633, Addressing certain teacher critical shortage areas.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 17, 2006;
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. 219 (originating in the Committee on Transportation and Infrastructure), Prohibiting cell phone use by certain minors while driving.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 219 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17B-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17B-2-3a of said code , all relating to the requirements for obtaining a graduated driver's license; changing the expiration for level one permits and level two licenses; prohibiting the use of a handheld wireless communication device while driving by a minor holding a level one instruction permit or a level two license; and providing penalties for such violations.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 219) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 415, Relating to credit card solicitations on college campuses.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 415 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §18B-14-10 of the Code of West Virginia, 1931, as amended, relating to credit card solicitation on college campuses; and providing a means of enforcement by the Attorney General.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 415) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator 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. 419, Providing Public Service Commission jurisdiction for certain alternative sewer service methods.
Senate Bill No. 709, Relating to planning commission membership.
Senate Bill No. 752, Continuing poison control center.
And,
Senate Bill No. 774, Organizing offices in Department of Environmental Protection.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bills (S. B. Nos. 419, 709, 752 and 774) contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 428, Providing uniformity in purchasing card procedures.
And has amended same.
And,
Com. Sub. for Senate Bill No. 521, Authorizing deer hunting in state parks.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 428 and 521) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 474, Creating Asbestos and Silica Compensation Fairness Act of 2006.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 474) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Kessler, the bill was then rereferred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 492 (orginating in the Committee on Transportation and Infrastructure), Providing indemnity agreements in motor carrier transportation contracts void.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 492 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-6-7, relating to providing that indemnity agreements in motor carrier transportation contracts are void and unenforceable as against public policy; and effective date.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 492) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 517, Requiring multidisciplinary treatment team for certain juveniles.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 517 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §49-5-13a and §49-5-20 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5D-3 of said code, all relating to juvenile proceedings and multidisciplinary teams; requiring the Division of Juvenile Services to establish a multidisciplinary team treatment planning process for certain juveniles in its custody; requiring multidisciplinary team to be convened and directed by the Division of Juvenile Services for juveniles committed to its custody by the court for examination and diagnosis; specifying members of the multidisciplinary team; requiring multidisciplinary team to be convened for juveniles prior to discharge from a juvenile correctional facility; authorizing those who convene a multidisciplinary team meeting to obtain an order of the circuit court setting a hearing and compelling attendance; and exceptions to team meeting requirement.
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. 517) 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 Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 519, Relating to parental notification requirements for abortions performed on unemancipated minors.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 519 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of the Code of West Virginia, 1931, as amended, all relating to parental notification requirements for abortions performed on unemancipated minors; defining terms; providing for a waiver; requiring notice to minor of right of petition to family court; reporting requirements; providing remedies; specifying when notice not required; severability; and providing penalties.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 519) contained in the preceding report from the Committee on Health and Human Resources 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 the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 538, Relating to state employees' deferred compensation plan.
Com. Sub. for Senate Bill No. 554, Clarifying use of Forensic Medical Examination Fund for certain nurses' training.
And,
Com. Sub. for Senate Bill No. 571, Relating to National Guard pay.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bills (S. B. No. 538, Com. Sub. for S. B. No. 554 and Com. Sub. for S. B. No. 571) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Com. Sub. for Senate Bill No. 653 (originating in the Committee on Transportation and Infrastructure), 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 Com. Sub. for Senate Bill No. 653 (originating in the Committee on Government Organization)-- 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 technical infrastructure, information technology projects and steering committee; detailing duties, powers and authority of the Chief Technology Officer; developing four-year strategic plan, inventory and specifications for the maintenance of information technology and technical infrastructure; promulgating legislative and emergency rules; securing state government information; managing information technology and 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 administering the West Virginia Technology Infrastructure Fund.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 653) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
Senator 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. 680, Relating to Unified Carrier Registration System.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 680) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 728, Requiring background checks on certain emergency dispatch center employees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 728 (originating in the Committee on Finance)--A Bill to amend and reenact §24-6-5 and §24- 6-6b of the Code of West Virginia, 1931, as amended, all relating to enhanced emergency telephone system requirements; requiring an investigation on character and criminal background to be conducted by and at the expense of the State Police on certain persons to be employed in an emergency dispatch center; prohibiting persons with felony convictions from holding certain positions; and assignment of a portion of the wireless enhanced 911 fee money received by Public Service Commission to Homeland Security and Emergency Management.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 728) 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. 759, Creating Highway Design-Build Procurement Act.
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,
John R. Unger II,
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 Transportation and Infrastructure.
At the request of Senator Unger, unanimous consent being granted, the bill (S. B. No. 759) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 767, Authorizing business registration certificate revocation of employer in default.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 767 (originating in the Committee on Government Organization)--A Bill to amend and reenact §21A-2-6 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the Commissioner of the Bureau of Employment Programs; and authorizing the commissioner to promulgate rules authorizing state agencies to revoke the business license of an employing unit in default on unemployment compensation payments. With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 767) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 770, Relating to continuing education of osteopathic physician assistants.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (S. B. No. 770) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
Senator 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. 789 (originating in the Committee on the Judiciary)--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-11C-5a, relating to limited arrest powers for day report officers.
And,
Senate Bill No. 790 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §23-5-12 of the Code of West Virginia, 1931, as amended, relating to filing appeals of workers' compensation decisions to the board of review.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bills (S. B. Nos. 789 and 790) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 205, Relating to sex offender registry.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 205 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §15-12-2, §15-12-2a, §15-12-2b, §15-12-3, §15-12-5, §15-12-8 and §15-12-10 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18A-3-12; to amend and reenact §61-8B-3 and §61-8B-7 of said code; to amend said code by adding thereto a new section, designated §61-8B-9a; to amend said code by adding thereto a new article, designated §62-11D-1, §62- 11D-2 and §62-11D-3; and to amend and reenact §62-12-26 of said code, all relating to the protection of the citizenry from sex offenders; removing prohibition on releasing aliases or screen names of registrants; exempting telephone and pager device numbers from release; providing for the submission of sex offender information to the central abuse registry; providing a definition for certain terms; requiring courts to ensure certain information regarding offenders convicted of offenses causing registration; providing for the release of sex offender information to the central abuse registry by the judiciary and agencies; providing for penalties for failure to properly register with the central abuse registry; creating new penalties for out-of-state sex offenders that fail to register; providing for verification of sex offender information by the central abuse registry; providing for penalties for assisting sex offenders in evading registration; increasing terms of incarceration for existing crimes committed by pedophiles and sexually violent predators; providing for supervised release requirements for sexually violent offenders; authorizing polygraph testing for sexually violent predators and pedophiles; providing for electronic monitoring for sexually violent predators on supervised release, probation and parole; and providing for school service personnel, contractors and service providers to be checked against the central abuse registry.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 205) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 422, Relating to Turnpike commuter passes.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 422 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13W-1; and to amend said code by adding thereto a new section, designated §17-16A-17a, all relating to the parkways authority generally; allowing frequent commuters on the West Virginia Turnpike to turn in accumulated toll receipts in an amount equal to the cost of calendar year commuter pass for a commuter pass for the remainder of the calendar year; creation of a tax credit for payments made by individuals, businesses and corporations for payment of unreimbursed tolls on the West Virginia Turnpike; and limitations on credits.
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. 422) 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 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. 464, Providing churches and other religious entities may incorporate.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 464) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 656, Providing whistle-blower protection to nonunion miners.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 656) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 791 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §60A-2-212 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-10- 5, §60A-10-7 and §60A-10-8 of said code, all relating to clarifying statutory references in the code; clarifying that offenses and penalties relating to ephedrine, pseudoephedrine or phenylpropanolamine are not covered by the provisions of article ten of said chapter; and penalties.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 791) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 792 (originating in the Committee on Education)--A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18B-1-7; to amend and reenact §18B-1B-6 of said code; to amend and reenact §18B-3C-4 of said code; to amend and reenact §18B-3C-8 of said code; to amend said code by adding thereto a new section, designated §18B-3C-13; to amend and reenact §18B-6-1 of said code; and to amend and reenact §18B-6-1a of said code, all relating to merging Fairmont State Community and Technical College with Fairmont State University; clarifying definitions; dissolving certain advisory board and certain administrative position; modifying certain consortia planning districts; providing exception to process for achieving independently accredited community and technical colleges; designating Community and Technical College of Shepherd as Blue Ridge Community and Technical College; and making technical corrections and repealing obsolete provisions.
And reports the same back without recommendation as to passage.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 792) 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 rereferred to the Committee on Education.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 28, 2006, at 11 a.m.
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