sdj-55th day

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

Charleston, W. Va., Monday, March 6, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Father Leon Alexander, Blessed Sacrament Church, South Charleston, West Virginia.
Pending the reading of the Journal of Friday, March 3, 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 concurrence by that body in part to the Senate amendments to the House of Delegates amendments, passage as amended, to take effect July 1, 2006, with its House of Delegates amended title, and announced that that body had refused to concur in part to the Senate amendments to the House of Delegates amendments to the bill and requested the Senate to recede therefrom, as to
Eng. Senate Bill No. 370, Creating personal property tax exemption for farm equipment and livestock.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The Clerk reported that the House of Delegates had concurred in the following Senate amendments to the House of Delegates amendments to the bill:
On page six, section nine, subsection (a), subdivision (28), after the word "including" by inserting the words "vehicles that qualify for a farm use exemption certificate pursuant to section two, article three, chapter seventeen-a of this code and";
And,
On page six, section nine, subsection (a), subdivision (28), after the word "Constitution" by changing the comma to a colon, striking out the words "and the products of agriculture while owned by the producer" and inserting in lieu thereof the following proviso: "Provided, That this exemption shall only apply in the case of such personal property used on a farm or farming operation that annually produces for sale agricultural products, as defined in rules of the Tax Commissioner".
The Clerk then reported that the House of Delegates had refused to concur in the following Senate amendment to the House of Delegates amendments to the bill and requested the Senate to recede therefrom:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 370--A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting certain personal property used on a farm or farming operation that annually produces for sale agricultural products, as defined in rules of the Tax Commissioner.
On motion of Senator Chafin, the Senate acceded to the request of the House of Delegates and receded from the foregoing amendment to the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 370, as amended by deletion, 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, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: McKenzie--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 370) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: McKenzie--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 370) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced that that body had refused to recede from its amendments to the Senate amendments, and requested the appointment of a committee of conference of five from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 4021, Relating to a pilot program authorizing participating health care clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Perdue, Stalnaker, Palumbo, Pino and Hall.
On motion of Senator Chafin, the Senate agreed to the appointment of a conference committee on the bill.
Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
Senators Prezioso, Minard, Edgell, Jenkins and Caruth.
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 passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4635--A Bill to amend and reenact §19-23-3 of the Code of West Virginia, 1931, as amended, relating to providing that in the event a yearling was born in another state and transported to this state, the definition of "Raiser of an accredited West Virginia horse" does not apply to any pari-mutuel racing facility in Jefferson County; and providing for a five-year sunset provision relative to the applicability of this definition at any pari-mutuel racing facility in Ohio County.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of an executive nomination for appointee:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

March 3, 2006

Senate Executive Message No. 3
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nomination for your advice and consent:
1.For Member, Workforce Investment Council, Hal Foss, Vienna, Wood County, for the term ending May 22, 2008.
Notice of this appointment was previously provided to the appropriate legislative staff at the time the appointment was made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was referred to the Committee on Confirmations and incorporated with the executive nominations received earlier this session; all to be considered as a special order of business for Saturday, March 11, 2006, at 11 a.m.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2016, Increasing the maximum number of magistrate court deputy clerks that may be appointed from sixty-two to seventy-two.
And,
Eng. Com. Sub. for House Bill No. 3201, Relating to the compensation of secretary-clerks to family court judges.
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.
At the request of Senator Kessler, unanimous consent being granted, the bills (Eng. H. B. No. 2016 and Eng. Com. Sub. for H. B. No. 3201) contained in the preceding report from the Committee on the Judiciary 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 Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2136, Requiring the clerk of the county commission to execute, record and post a disclaimer relating to certain unlawful covenants.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 2136) 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 Fanning, Chafin and Plymale offered the following resolution:
Senate Concurrent Resolution No. 79--Requesting the Division of Highways rename Warriormine Road, 12/4, in War, McDowell County, "Glenn Hatcher Way".
Whereas, Glenn Hatcher of War, McDowell County, served the citizens of McDowell County with honor and distinction as a state legislator. He was elected to the House of Delegates in 1956. He was elected to the Senate in 1960, where he represented the citizens of the sixth senatorial district, and was reelected in 1964; and
Whereas, The Honorable Glenn Hatcher also served the citizens of McDowell County as an educator and an elementary school principal; and
Whereas, The Honorable Glenn Hatcher was instrumental in the creation of Berwind Lake Hunting and Fishing Wildlife Management Area; and
Whereas, It is fitting that a lasting tribute be made to honor the public service of the Honorable Glenn Hatcher; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to rename Warriormine Road, 12/4, in War, McDowell County, "Glenn Hatcher Way"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs at appropriate locations displaying the name "Glenn Hatcher Way"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and referred to the Committee on Transportation and Infrastructure.
Senators Unger, Hunter, Foster, Jenkins, Oliverio, Plymale and McCabe offered the following resolution:
Senate Concurrent Resolution No. 80--Requesting the Joint Committee on Government and Finance study safety regulations of all-terrain vehicles.
Whereas, The safe operation of all-terrain vehicles has become an increasing concern for the citizens of West Virginia; and
Whereas, The Legislature has enacted certain safety regulations relating to the operation of all-terrain vehicles and has attempted to address additional concerns during the 2006 Regular Session; and
Whereas, Safety regulations of all-terrain vehicles should be properly examined in light of 40 all-terrain vehicle-related deaths in 2005 and countless injuries resulting from the improper operation of all-terrain vehicles; and
Whereas, There may be a need for additional reasonable safety regulations relating to all-terrain vehicles; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study safety regulations of all-terrain vehicles; 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 Oliverio, Prezioso, Plymale, Unger, Kessler, Hunter, McCabe and Minard offered the following resolution:
Senate Resolution No. 40--Recognizing the 50th anniversary of the Rehabilitation Counselor Education Program at West Virginia University.
Whereas, Rehabilitation counselors are uniquely prepared in the state's institutions of higher education to provide effective rehabilitation counseling services to persons with physical, mental, developmental, cognitive and emotional disabilities; and
Whereas, Rehabilitation counselors facilitate independence, integration and inclusion of persons with disabilities in the workforce and the community; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the 50th anniversary of the Rehabilitation Counselor Education Program at West Virginia University; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Rehabilitation Counselor Education Program.
At the request of Senator Oliverio, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Prezioso, Oliverio, Plymale, Unger, Minear, Kessler, Hunter, McCabe and Minard offered the following resolution:
Senate Resolution No. 41--Recognizing West Virginia University on its designation as a National Center of Excellence in Women's Health.
Whereas, West Virginia University Robert C. Byrd Health Sciences Center was designated a National Center of Excellence in Women's Health in October, 2004, by the United States Department of Health and Human Services; and
Whereas, The West Virginia University National Center of Excellence in Women's Health is one of only 21 such national centers across the country; and
Whereas, Unlike the majority of the other centers chosen for this recognition, West Virginia University National Center of Excellence in Women's Health is focused on a rural population; and
Whereas, The mission of the National Center of Excellence in Women's Health at West Virginia University is to improve the well- being of women of all ages through education, research, clinical care, community partnerships and promotion of leadership by women in academic health professions; and
Whereas, The infrastructure of West Virginia University's community-campus partnerships affords an opportunity to connect through common missions for the development of an effective rural model for improving the health of West Virginians by improving the clinical care, education, leadership, development and knowledge base;
Whereas, The West Virginia University National Center of Excellence in Women's Health was awarded a Certificate of Excellence for community outreach activities, a Certificate of Excellence for training and professional education activities; a Certificate of Excellence for establishment of a comprehensive multidisciplinary Clinical Care Center, a Certificate of Excellence for designation as a National Center of Leadership in Academic Medicine and a Certificate of Excellence for gender-based research activities by the Office on Women's Health, United States Department of Health and Human Services in October, 2005; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes West Virginia University on its designation as a National Center of Excellence in Women's Health; and, be it
Further Resolved, That the Senate hereby recognizes the outstanding efforts of West Virginia University to improve the health of all West Virginians through improving the health of women through the mission of the National Center of Excellence in Women's Health; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the leadership of the West Virginia University National Center of Excellence in Women's Health.
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 proceeded to the seventh order of business.
Senate Concurrent Resolution No. 23, Requesting Division of Highways name bridge at Delbarton, Mingo County, "Dr. J. R. 'Bob' Farley Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
On page two, after the Resolved clause, after the word "bridge" by inserting the words "upgrading the Old Delbarton Arch Bridge 30-65/5-0.05 and";
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 23--Requesting the Division of Highways name the bridge upgrading the Old Delbarton Arch Bridge 30-65/5-0.05 and intersecting Farley Avenue in Delbarton, Mingo County, the "Dr. J. R. 'Bob' Farley Memorial Bridge".
The question being on the adoption of the resolution (S. C. R. No. 23), 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.
Senate Concurrent Resolution No. 29, Designating December, 2006, "West Virginia Legislature's Back to School Month".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 35, Requesting formation of West Virginia After-School Partnership task force.
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Education, were reported by the Clerk, considered simultaneously, and adopted:
O n page three, after the Resolved clause, by striking out the words "and the 4-H and Youth, Family and Adult Development Division of the West Virginia University Extension Service" and inserting in lieu thereof a comma and the words "the 4-H and Youth, Family and Adult Development Division of the West Virginia University Extension Service and the Extension Youth Education Program Area of West Virginia State University's Division of Agricultural, Consumer, Environmental and Outreach Programs";
On page four, in the third Further Resolved clause, by striking out the words "and the 4-H and Youth, Family and Adult Development Division of the West Virginia University Extension Service" and inserting in lieu thereof a comma and the words "the 4-H and Youth, Family and Adult Development Division of the West Virginia University Extension Service and the Extension Youth Education Program Area of West Virginia State University's Division of Agricultural, Consumer, Environmental and Outreach Programs";
And,
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Senate Concurrent Resolution No. 35--Directing the West Virginia Department of Education, the Office of the Secretary of Education and the Arts, the 4-H and Youth, Family and Adult Development Division of the West Virginia University Extension Service and the Extension Youth Education Program Area of West Virginia State University's Division of Agricultural, Consumer, Environmental and Outreach Programs convene and cochair a task force, to be known as the West Virginia After-School Partnership, intended to constructively address issues involving the development and care of school-age children.
The question being on the adoption of the resolution (S. C. R. No. 35), 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.
Senate Concurrent Resolution No. 45, Requesting Division of Highways name bridge at Panther, McDowell County, "Green B. and Margie Blankenship Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 51, Requesting Division of Highways name bridge between Huntington, Cabell County, and Proctorville, Ohio, "Frank 'Gunner' Gatski Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
On motions of Senators Plymale and Jenkins, the following amendment to the resolution was reported by the Clerk and adopted:
On page two, by striking out all of lines six through ten and inserting in lieu thereof the following:
Whereas, Frank Gatski worked as a scout for the Boston Patriots for four years. He then embarked on a 21-year career as coach and athletic director at the West Virginia Industrial School for Boys in Farmington; and.
The question being on the adoption of the resolution (S. C. R. No. 51), 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.
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.
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. 69, Requesting Joint Committee on Government and Finance study voluntary farmland protection programs.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 70, Requesting Joint Committee on Government and Finance study mining subsidence.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 71, Requesting Joint Committee on Government and Finance study need for background checks for professional licensees.
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 Concurrent Resolution No. 72, Requesting Joint Committee on Government and Finance study sunrise and sunset processes.
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 Concurrent Resolution No. 73, Requesting Joint Committee on Government and Finance study legislation relating to disposable contact lens antitrust litigation.
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 Concurrent Resolution No. 74, Requesting President and Congress increase funding for No Child Left Behind Act and other education-related programs.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 75, Requesting Joint Committee on Government and Finance study cost and other issues associated with No Child Left Behind Act.
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 Concurrent Resolution No. 76, Requesting Joint Committee on Government and Finance study titling and branding of certain damaged vehicles.
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 Concurrent Resolution No. 77, Requesting Joint Committee on Government and Finance study vehicle privilege tax exemption for new residents.
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 Concurrent Resolution No. 78, Requesting Joint Committee on Government and Finance study legal feasibility of Division of Highways providing private cemetery road maintenance.
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.
House Concurrent Resolution No. 58, Requesting the Division of Highways to name the Vista as seen off of Route 60 in Gauley Bridge, the "William 'Billy' Giacomo Memorial Vista".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the ninth order of business.
Eng. House Bill No. 4069, Continuing the Rural Health Advisory Panel until July 1, 2009.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4089, Establishing a new license plate that designates city or municipality law-enforcement departments; specifying the design and one time fee.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Transportation and Infrastructure, were reported by the Clerk and adopted:
On page one, after the article heading, by inserting the following:

§17A-3-4. Application for certificate of title; tax for privilege of certification of title; exceptions; fee on payments for leased vehicles; penalty for false swearing.

(a) Certificates of registration of any vehicle or registration plates for the vehicle, whether original issues or duplicates, may not be issued or furnished by the Division of Motor Vehicles or any other officer or agent charged with the duty, unless the applicant already has received, or at the same time makes application for and is granted, an official certificate of title of the vehicle in either an electronic or paper format. The application shall be upon a blank form to be furnished by the Division of Motor Vehicles and shall contain a full description of the vehicle, which description shall contain a manufacturer's serial or identification number or other number as determined by the commissioner and any distinguishing marks, together with a statement of the applicant's title and of any liens or encumbrances upon the vehicle, the names and addresses of the holders of the liens and any other information as the Division of Motor Vehicles may require. The application shall be signed and sworn to by the applicant. A duly certified copy of the division's electronic record of a certificate of title is admissible in any civil, criminal or administrative proceeding in this state as evidence of ownership.
(b) A tax is imposed upon the privilege of effecting the certification of title of each vehicle in the amount equal to five percent of the value of the motor vehicle at the time of the certification, to be assessed as follows:
(1) If the vehicle is new, the actual purchase price or consideration to the purchaser of the vehicle is the value of the vehicle. If the vehicle is a used or secondhand vehicle, the present market value at time of transfer or purchase is the value of the vehicle for the purposes of this section: Provided, That so much of the purchase price or consideration as is represented by the exchange of other vehicles on which the tax imposed by this section has been paid by the purchaser shall be deducted from the total actual price or consideration paid for the vehicle, whether the vehicle be new or secondhand. If the vehicle is acquired through gift or by any manner whatsoever, unless specifically exempted in this section, the present market value of the vehicle at the time of the gift or transfer is the value of the vehicle for the purposes of this section.
(2) No certificate of title for any vehicle may be issued to any applicant unless the applicant has paid to the Division of Motor Vehicles the tax imposed by this section which is five percent of the true and actual value of the vehicle whether the vehicle is acquired through purchase, by gift or by any other manner whatsoever, except gifts between husband and wife or between parents and children: Provided, That the husband or wife, or the parents or children, previously have paid the tax on the vehicles transferred to the State of West Virginia.
(3) The Division of Motor Vehicles may issue a certificate of registration and title to an applicant if the applicant provides sufficient proof to the Division of Motor Vehicles that the applicant has paid the taxes and fees required by this section to a motor vehicle dealership that has gone out of business or has filed bankruptcy proceedings in the United States Bankruptcy Court and the taxes and fees so required to be paid by the applicant have not been sent to the division by the motor vehicle dealership or have been impounded due to the bankruptcy proceedings: Provided, That the applicant makes an affidavit of the same and assigns all rights to claims for money the applicant may have against the motor vehicle dealership to the Division of Motor Vehicles.
(4) The Division of Motor Vehicles shall issue a certificate of registration and title to an applicant without payment of the tax imposed by this section if the applicant is a corporation, partnership or limited liability company transferring the vehicle to another corporation, partnership or limited liability company when the entities involved in the transfer are members of the same controlled group and the transferring entity has previously paid the tax on the vehicle transferred. For the purposes of this section, control means ownership, directly or indirectly, of stock or equity interests possessing fifty percent or more of the total combined voting power of all classes of the stock of a corporation or equity interests of a partnership or limited liability company entitled to vote or ownership, directly or indirectly, of stock or equity interests possessing fifty percent or more of the value of the corporation, partnership or limited liability company.
(5) The tax imposed by this section does not apply to vehicles to be registered as Class H vehicles or Class M vehicles, as defined in section one, article ten of this chapter, which are used or to be used in interstate commerce. Nor does the tax imposed by this section apply to the titling of Class B vehicles registered at a gross weight of fifty-five thousand pounds or more, or to the titling of Class C semitrailers, full trailers, pole trailers and converter gear: Provided, That if an owner of a vehicle has previously titled the vehicle at a declared gross weight of fifty-five thousand pounds or more and the title was issued without the payment of the tax imposed by this section, then before the owner may obtain registration for the vehicle at a gross weight less than fifty-five thousand pounds, the owner shall surrender to the commissioner the exempted registration, the exempted certificate of title and pay the tax imposed by this section based upon the current market value of the vehicle: Provided, however, That notwithstanding the provisions of section nine, article fifteen, chapter eleven of this code, the exemption from tax under this section for Class B vehicles in excess of fifty-five thousand pounds and Class C semitrailers, full trailers, pole trailers and converter gear does not subject the sale or purchase of the vehicles to the consumers sales tax.
(6) The tax imposed by this section does not apply to titling of vehicles leased by residents of West Virginia. A tax is imposed upon the monthly payments for the lease of any motor vehicle leased by a resident of West Virginia, which tax is equal to five percent of the amount of the monthly payment, applied to each payment, and continuing for the entire term of the initial lease period. The tax shall be remitted to the Division of Motor Vehicles on a monthly basis by the lessor of the vehicle.
(7) The tax imposed by this section does not apply to titling of vehicles by a registered dealer of this state for resale only, nor does the tax imposed by this section apply to titling of vehicles by this state or any political subdivision thereof, or by any volunteer fire department or duly chartered rescue or ambulance squad organized and incorporated under the laws of the State of West Virginia as a nonprofit corporation for protection of life or property. The total amount of revenue collected by reason of this tax shall be paid into the State Road Fund and expended by the Commissioner of Highways for matching federal funds allocated for West Virginia. In addition to the tax, there is a charge of five dollars for each original certificate of title or duplicate certificate of title so issued: Provided, That this state or any political subdivision of this state or any volunteer fire department or duly chartered rescue squad is exempt from payment of the charge.
(8) The certificate is good for the life of the vehicle, so long as the vehicle is owned or held by the original holder of the certificate, and need not be renewed annually, or any other time, except as provided in this section.
(9) If, by will or direct inheritance, a person becomes the owner of a motor vehicle and the tax imposed by this section previously has been paid to the Division of Motor Vehicles on that vehicle, he or she is not required to pay the tax.
(10) A person who has paid the tax imposed by this section is not required to pay the tax a second time for the same motor vehicle, but is required to pay a charge of five dollars for the certificate of retitle of that motor vehicle, except that the tax shall be paid by the person when the title to the vehicle has been transferred either in this or another state from the person to another person and transferred back to the person.
(11) The tax imposed by this section does not apply to any passenger vehicle offered for rent in the normal course of business by a daily passenger rental car business as licensed under the provisions of article six-d of this chapter. For purposes of this section, a daily passenger car means a Class A motor vehicle having a gross weight of eight thousand pounds or less and is registered in this state or any other state. In lieu of the tax imposed by this section, there is hereby imposed a tax of not less than one dollar nor more than one dollar and fifty cents for each day or part of the rental period. The commissioner shall propose an emergency rule in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish this tax.
(12) The tax imposed by this article does not apply to the titling of any vehicle purchased by a senior citizen service organization which is exempt from the payment of income taxes under the United States Internal Revenue Code, Title 26 U. S. C. §501(c)(3) and which is recognized to be a bonafide senior citizen service organization by the Senior Services Bureau existing under the provisions of article five, chapter sixteen of this code.
(13) The tax imposed by this section does not apply to the titling of any vehicle operated by an urban mass transit authority as defined in article twenty-seven, chapter eight of this code or a nonprofit entity exempt from federal and state income tax under the Internal Revenue Code and whose purpose is to provide mass transportation to the public at large designed for the transportation of persons and being operated for the transportation of persons in the public interest.
(c) Notwithstanding any provisions of this code to the contrary, the owners of trailers, semitrailers, recreational vehicles and other vehicles not subject to the certificate of title tax prior to the enactment of this chapter are subject to the privilege tax imposed by this section: Provided, That the certification of title of any recreational vehicle owned by the applicant on the thirtieth day of June, one thousand nine hundred eighty-nine, is not subject to the tax imposed by this section: Provided, however, That mobile homes, manufactured homes, modular homes and similar nonmotive propelled vehicles, except recreational vehicles and house trailers, susceptible of being moved upon the highways but primarily designed for habitation and occupancy, rather than for transporting persons or property, or any vehicle operated on a nonprofit basis and used exclusively for the transportation of mentally retarded or physically handicapped children when the application for certificate of registration for the vehicle is accompanied by an affidavit stating that the vehicle will be operated on a nonprofit basis and used exclusively for the transportation of mentally retarded and physically handicapped children, are not subject to the tax imposed by this section, but are taxable under the provisions of articles fifteen and fifteen-a, chapter eleven of this code.
(d) Any person making any affidavit required under any provision of this section who knowingly swears falsely, or any person who counsels, advises, aids or abets another in the commission of false swearing, or any person, while acting as an agent of the Division of Motor Vehicles, issues a vehicle registration without first collecting the fees and taxes or fails to perform any other duty required by this chapter to be performed before a vehicle registration is issued is, on the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or be confined in jail for a period not to exceed six months or, in the discretion of the court, both fined and confined. For a second or any subsequent conviction within five years, that person is guilty of a felony and, upon conviction thereof, shall be fined not more than five thousand dollars or be imprisoned in a state correctional facility for not less than one year nor more than five years or, in the discretion of the court, both fined and imprisoned.
(e) Notwithstanding any other provisions of this section, any person in the military stationed outside West Virginia or his or her dependents who possess a motor vehicle with valid registration are exempt from the provisions of this article for a period of nine months from the date the person returns to this state or the date his or her dependent returns to this state, whichever is later.
(f) No person may transfer, purchase or sell a factory-built home without a certificate of title issued by the commissioner in accordance with the provisions of this article:
(1) Any person who fails to provide a certificate of title upon the transfer, purchase or sale of a factory-built home is guilty of a misdemeanor and, upon conviction thereof, shall for the first offense be fined not less than one hundred dollars nor more than one thousand dollars, or be confined in jail for not more than one year or, both fined and confined. For each subsequent offense, the fine may be increased to not more than two thousand dollars, with confinement in jail not more than one year or, both fined and confined.
(2) Failure of the seller to transfer a certificate of title upon sale or transfer of the factory-built home gives rise to a cause of action, upon prosecution thereof, and allows for the recovery of damages, costs and reasonable attorney fees.
(3) This subsection does not apply to a mobile or manufactured home for which a certificate of title has been canceled pursuant to section twelve-b of this article.
(g) Notwithstanding any other provision to the contrary, whenever reference is made to the application for or issuance of any title or the recordation or release of any lien, it includes the application, transmission, recordation, transfer of ownership and storage of information in an electronic format.
(h) Notwithstanding any other provision contained in this section, nothing herein shall be considered to include modular homes as defined in subsection (i), section two, article fifteen, chapter thirty-seven of this code and built to the State Building Code as established by legislative rules promulgated by the State Fire Commission pursuant to section five-b, article three, chapter twenty-nine of this code. ;
On page seven, section twenty-three, after line one hundred four, by inserting a new subsection, designated subsection (m), to read as follows:
(m) The commissioner may issue special registration plates for motor vehicles titled in the name of the Division of Public Transit or in the name of a Public Transit Authority as defined in this subsection and operated by a Public Transit Authority or a public transit provider to transport persons in the public interest. For purposes of this subsection, "Public Transit Authority" means an urban mass transportation authority created pursuant to the provisions of article twenty-seven, chapter eight of this code or a nonprofit entity exempt from federal and state income taxes under the Internal Revenue Code and whose purpose is to provide mass transportation to the public at large. The special registration plate shall be designed by the commissioner and shall display the words "public transit" or words or letters of similar effect to indicate the public purpose of the use of the vehicle. The special registration plate shall be issued without charge. ;
And by relettering the remaining subsection;
And,
On page one, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §17A-3-4 and §17A-3-23 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:.
The bill (Eng. H. B. No. 4089), as amended, was then ordered to third reading.
Eng. House Bill No. 4239, Continuing the Division of Unemployment Compensation.
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. 4240, Changing the name of the Community and Technical College of Shepherd to Blue Ridge Community and Technical College.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
O n page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto two new sections, designated §18B-3C-13 and §18B- 3C-14, all to read as follows:
ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.
§18B-3C-13. Blue Ridge Community and Technical College.
Effective the first day of July, two thousand six, the Community and Technical College of Shepherd is named "Blue Ridge Community and Technical College". Any reference in this code to the Community and Technical College of Shepherd means Blue Ridge Community and Technical College.

§18B-3C-14. Operations of certain administratively linked community and technical colleges.

(a) The provisions of this section apply to the following governing boards created pursuant to section one, article two-a of this chapter:
(1) Fairmont State University Board of Governors, which is responsible for Fairmont State University and Fairmont State Community and Technical College;
(2) The Marshall University Board of Governors, which is responsible for Marshall University and Marshall Community and Technical College;
(3) The West Virginia State University Board of Governors, which is responsible for West Virginia State University and West Virginia State Community and Technical College; and
(4) The West Virginia University Board of Governors, which is responsible for West Virginia University Institute of Technology and the Community and Technical College at West Virginia Institute of Technology.

(b) Legislative findings. --

The Legislature makes the following findings related to operation of the administratively linked community and technical colleges and the relationship between them and their respective governing boards:
(A) The Legislature has adopted a series of legislation, beginning with Enrolled Senate Bill No. 653, passed during the two thousand regular session, and continuing through Enrolled Senate Bill No. 448, passed during the two thousand four regular session, whose purpose is to strengthen the state's community and technical colleges.
(B) The primary goal of the Legislature in adopting such legislation is to create a thriving system of community and technical colleges that focuses on technical education, workforce training and lifelong learning for the new economy, consistent with a series of legislatively commissioned reports and the findings contained in section one, article two-b of this chapter.
(C) A necessary precedent to accomplishment of this goal is to change the way that leaders at all levels of education, including institutional governing boards, view community and technical colleges. Specifically, education leaders need to understand:
(i) That community and technical colleges are different from traditional four-year colleges in what they seek to accomplish and how they can accomplish it effectively, just as the medical schools, for example, are different from engineering schools;
(ii) That community and technical colleges may not be viewed as add-ons or afterthoughts if the state is to compete successfully in a new economy; and
(iii) That community and technical college programs may not be run primarily for the financial benefit of four-year programs.
(D) At the same time, the Legislature recognizes that community and technical colleges may achieve administrative efficiencies if they are linked to the larger four-year institutions and remain under the authority of a single governing board, especially when two- and four-year programs are directed from a single location.
(c) Legislative intent. --
(1) State and federal officials have found it difficult to ascertain the Legislature's intent as it relates to a number of operational issues, including accounting, financial aid administration, technology, historically black colleges and universities status and reporting, thus jeopardizing some of the administrative efficiencies that the Legislature has sought to maintain.
(2) Therefore, concerning roles of the institutional governing boards listed in subsection (a) of this section and the operation of the community and technical colleges under their jurisdiction it is the intent of the Legislature that:
(A) The requirement for independent, specialized accreditation of community and technical colleges, contained in sections three and eight of this article, ensure that institutional governing boards do not operate community and technical colleges as add-ons or afterthoughts and that a mechanism for external evaluation is in place to ensure the integrity of this process, much as an external organization such as ABET, Inc., reviews and accredits applied science, computing, engineering and technology programs.
(B) The provision contained in section twelve of this article requiring that each administratively linked institution enter into a fee-for-service agreement approved by the appropriate governing board and by the council ensure that community and technical college programs are not run for the financial benefit of four-year programs and that external evaluation of the real cost of community and technical college education is possible.
(C) The West Virginia State University Board of Governors ensures that two- and four-year students understand the long and honorable history West Virginia State University and West Virginia State Community and Technical College have enjoyed as a federally designated historically black institution and work to regain this important federal designation for the community and technical college.
(d) Notwithstanding any other provision of this code to the contrary and effective no later than the first day of July, two thousand six, each governing board identified in subsection (a) of this section:
(1) May be recognized as a single organization within the financial systems of the State of West Virginia and the entities under its jurisdiction designated as subordinate organizations, if practicable, to facilitate ease of financial processing at the institution level while ensuring that community and technical college data is readily segregable at the state level.
(A) Independent financial auditors shall produce a single audited financial statement for each governing board identified in subsection (a) of this section, but that financial statement shall include a breakdown of assets and liabilities and revenues and expenditures for the community and technical college.
(B) Independent financial auditors shall compile and present a consolidated audited financial statement to the council, separate and apart from higher education's consolidated financial audit, containing information concerning all community and technical colleges, whether independent or administratively linked institutions.
(2) Shall operate a single student financial aid office for all two- and four-year students under its jurisdiction unless the board expressly determines that another arrangement is clearly more efficient and effective. The commission shall ensure that state-level financial aid programs are administered to facilitate efficiencies at all administratively linked institutions.
(3) Shall use a single set of technology solutions to minimize the complexity of administrative operations for two- and four-year students unless the board expressly determines that another arrangement is clearly more efficient and effective.
(e) In preparing statutorily mandated reports, commission and council staff generally shall segregate community and technical college data so that the Legislature and governing boards can evaluate implementation of the provisions related to community and technical colleges in this chapter. Segregation of community and technical college data from other data may not be construed in a manner that is inconsistent with the general provisions of this section.
The bill (Eng. Com. Sub. for H. B. No. 4240), as amended, was then ordered to third reading.
Eng. House Bill No. 4310, Continuing of the Board of Risk and Insurance Management.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4349, Continuing the Division of Motor Vehicles.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Government Organization, were reported by the Clerk, considered simultaneously, and adopted:
On page two, section twenty-four, line four, by striking out the word "seven" and inserting in lieu thereof the word "twelve";
And,
On page two, section twenty-four, lines five and six, by striking out the words "pursuant to the provisions of that article".
The bill (Eng. H. B. No. 4349), as amended, was then ordered to third reading.
Eng. House Bill No. 4350, Continuing the Family Protection Services Board.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4391, Continuing the State Rail Authority.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4392, Continuing of the West Virginia Conservation Agency.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Government Organization, were reported by the Clerk, considered simultaneously, and adopted:
On page one, section four-a, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:
§19-21A-4a. Continuation of the State Conservation Committee.;
And,
On pages one and two, section four-a, lines two and three, by striking out the words "West Virginia Conservation Agency" and inserting in lieu thereof the words "State Conservation Committee".
The bill (Eng. H. B. No. 4392), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4486, Relating to minimum base pay for members of the National Guard and providing tuition payment for the cost of post-graduate courses.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4603, Authorizing rules for the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education regarding authorization of degree-granting institutions.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4683, Establishing the right to trial by jury when a juvenile is accused of acts of juvenile delinquency which constitute a crime punishable by incarceration if committed by an adult.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, and by unanimous consent, the unreported Judiciary committee amendment to the bill was withdrawn.
On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
On page two, by striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 4. JUVENILE PROCEEDINGS.
§49-5-6. Jury trial under article.
(a) In a proceeding under this article, the juvenile, the juvenile's counsel or the juvenile's parent or guardian ~~or any one of them~~ may demand or the judge of on his or her own motion may order a jury ~~of twelve persons to try any question of fact~~ trial on any question of fact, in which the juvenile is accused of any act or acts of delinquency which, if committed by an adult, would expose the adult to incarceration.
(b) A juvenile who is charged with a status offense or other offense where incarceration is not a possibility due either to the statutory penalty or where the court rules pretrial that a sentence of incarceration will not be imposed upon adjudication is not entitled to a trial by jury.
(c) The provisions of this section are inapplicable to proceedings held pursuant to the provisions of section thirteen-d of this article.
(d) Juries shall consist of twelve members.
The bill (Eng. H. B. No. 4683), as amended, was then ordered to third reading.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules and 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 proceeded to the tenth order of business.
Senate Bill No. 793, Making supplementary appropriation from State Fund, General Revenue, to various accounts.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, 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.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 793 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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 793) 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. 793) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 794, Expiring funds to unappropriated surplus balance State Fund, General Revenue, to various accounts and making supplementary appropriation to various accounts.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, 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.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 794 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, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Harrison and Sprouse--2.
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. 794) 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, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Harrison and Sprouse--2.
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. 794) 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 House Bill No. 2548, The Diabetes Care Plan Act.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4008, Relating to authorizing city and county housing authorities to merge to form a regional housing authority.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Eng. House Bill No. 4311, Continuing of the Department of Environmental Protection.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Eng. House Bill No. 4437, Authorizing West Virginia Department of Agriculture emergency response vehicles to utilize red flashing warning lights.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4444, Permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4491, Establishing the third week of October as Disability History Week for the State of West Virginia.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
At the request of Senator Chafin, and by unanimous consent, the Senate returned 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 6th day of March, 2006, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 244), Relating to state-chartered banks' investment limitations.
And,
(Com. Sub. for S. B. No. 270), Continuing Board of Banking and Financial Institutions; membership qualifications.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 22, Requesting Joint Committee on Government and Finance study restrictions on lawyers' advertising.
Senate Concurrent Resolution No. 42, Requesting Joint Committee on Government and Finance study vocational, technical and adult education.
Senate Concurrent Resolution No. 43, Requesting Joint Committee on Government and Finance study municipal policemen's and firemen's pension funds.
Senate Concurrent Resolution No. 47, Requesting Joint Committee on Government and Finance study current and future highway financing.
Senate Concurrent Resolution No. 52, Requesting Joint Committee on Government and Finance study revenues and expenditures of Parkways, Economic Development and Tourism Authority.
Senate Concurrent Resolution No. 76, Requesting Joint Committee on Government and Finance study titling and branding of certain damaged vehicles.
And,
Senate Concurrent Resolution No. 77, Requesting Joint Committee on Government and Finance study vehicle privilege tax exemption for new residents.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Concurrent Resolution No. 40, Authorizing Water Development Authority issue bonds and notes in excess of $400 million.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Resolution No. 36, Requesting Congress provide funding for veterans' long-term care facility in Beckley.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jon Blair Hunter,
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
Eng. Com. Sub. for House Bill No. 2146, Relating to payment to magistrates who serve temporarily outside their elected counties.
And,
Eng. Com. Sub. for House Bill No. 4498, Relating to fees for licensing of money service businesses.
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.
At the request of Senator Kessler, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 2146 and 4498) contained in the preceding report from the Committee on the Judiciary 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 Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2947, Requiring payments for delinquent real estate taxes submitted fourteen days prior to the date of the sheriff's sale, be made by cashiers check, money order, certified check or United States currency.
And,
Eng. House Bill No. 4472, Including family court jurisdiction in all proceedings concerning grandparent visitation.
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 (Eng. Com. Sub. for H. B. No. 2947 and Eng. H. B. No. 4472) 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 Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4006, Adding counties to the Hatfield-McCoy Regional Recreational Authority.
And has amended same.
Eng. Com. Sub. for House Bill No. 4011, Relating to the creation of a special unit within the state police specializing in child abuse and neglect investigations.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4565, Establishing section of vital statistics in Bureau for Public Health.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 4006, 4011 and 4565) contained in the preceding report from the Committee on Government Organization 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, with amendments from the Committee on Government Organization pending.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4015, Relating to funding of the Revenue Shortfall Reserve Fun.
And,
Eng. House Bill No. 4494, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4031, Relating to the Purchasing Division of the Department of Administration.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4031) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. Com. Sub. for House Bill No. 4053, Providing that active military personnel stationed in this state need not obtain a hunting, fishing or trapping permit.
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,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Natural Resources pending.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. Com. Sub. for House Bill No. 4072, Prohibiting a person not the owner of a dog from removing tags, collars or apparel from a dog without the permission of the owner.
And,
Eng. Com. Sub. for House Bill No. 4453, Clarifying the powers and duties of conservation officers as it relates to searches and seizures.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4075, Relating to the dedication of moneys to the Regional Jail Partial Reimbursement Fund.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng.House Bill No. 4116, Increasing the amount of timber that can be sold on state Wildlife Management Areas, without sealed bids, from $500 to $5,000.
And,
Eng. House Bill No. 4445, Permitting the Director of the Division of Forestry to recover costs incurred in fighting fires.
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,
John Pat Fanning,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4256, Providing a procedure for removal of county, district or municipal officers.
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 the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4256) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4383, Continuing the pilot program offered through a Community Access Program to coordinate health care provider reimbursements indefinitely as determined by the Insurance Commissioner.
Eng. House Bill No. 4580, Creating the "special district excise tax administration fund" in the State Treasury.
And,
Eng. Com. Sub. for House Bill No. 4630, Creating a Voluntary Compliance Program based on listed transactions considered abusive by the Internal Revenue Service.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Oliverio, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Eng. Com. Sub. for House Bill No. 4454, Relating to wages withheld from an employee.
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 the Judiciary.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
At the request of Senator Oliverio, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4454) contained in the preceding report from the Committee on Labor 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 Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Eng. House Bill No. 4654, Relating to the West Virginia Retiree Health Benefit Trust Fund.
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,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being granted, the bill (Eng. H. B. No. 4654) contained in the preceding report from the Committee on Pensions was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Pensions pending.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Eng. House Bill No. 4846, Providing one-time supplements to certain annuitants.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being granted, the bill (Eng. H. B. No. 4846) contained in the preceding report from the Committee on Pensions 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.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, March 7, 2006, at 11 a.m.
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