sdj-56th day

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

Charleston, W. Va., Tuesday, March 7, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Matthew J. Watts, Grace Bible Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, March 6, 2006,
On motion of Senator Love, 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. Com. Sub. for Senate Bill No. 114, Relating to teen court program fees.
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 five, section thirteen-d, line seventy-seven, after the word "ordinance" by changing the period to a comma and adding the words "including traffic violations and moving violations but excluding municipal parking ordinances."
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 114, 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, 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)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 114) 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. 627, Allowing facsimile signatures on tax liens.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4546--A Bill to amend and reenact §18A-4-2a and §18A-4-3 of the Code of West Virginia, 1931, as amended, all relating to National Board for Professional Teaching Standards; continuing additional compensation for holders of certification subsequently employed certain other professional positions; certain limitations on reimbursement of nonclassroom teachers; increasing maximum for certain reimbursements; defining program completion for reimbursement purposes; continuing compensation if certificate renewed; and removing obsolete language.
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 concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, to take effect from passage, of
Eng. House Bill No. 4751, Extending the time for the Board of Education of the County of Grant to meet as a levying body.
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. 67--Naming the Bowers Bridge and the High Street Bridge, both of which are situated in the City of Mannington, West Virginia, in honor of certain individuals who contributed greatly to the development and well-being of the City of Mannington.
Whereas, The Mayor and City Council of the City of Mannington, West Virginia, desire to name two bridges located within the corporate limits of their fair city in honor of certain individuals who greatly contributed to the development and well-being of their city; and
Whereas, Sammie Hunter, Lotta Neer, Elmer "Punk" Masters, Drexil "Gene" Powell, Nassif Rohanna, James Stewart and Louis Starsick were individuals who contributed greatly of their time, ability and creative spirit to the fair City of Mannington and to honor them the city administration has requested this legislative body to resolve to name the Bowers Bridge in honor of them; and
Whereas, Charles Brummage, Herbert "Pete" Bonnell and Clarence Roberts were individuals who, additionally, contributed greatly of their time, ability and creative spirit to the citizens of the City of Mannington and to honor them the city administration has requested this legislative body resolve to name the High Street Bridge in honor of them; therefore, be it
Resolved by the Legislature of West Virginia:
That the Bowers Bridge located in the City of Mannington, West Virginia, shall henceforth be named in honor of Sammie Hunter, Lotta Neer, Elmer "Punk" Masters, Drexil "Gene" Powell, Nassif Rohanna, James Stewart and Louis Starsick; and, be it
Further Resolved, That the Division of Highways is hereby directed to erect signs at each entrance to the Bowers Bridge, proclaiming in bold and prominent alphabetic characters as follows: "THIS BRIDGE IS NAMED IN HONOR OF SAMMIE HUNTER, LOTA NEER, ELMER 'PUNK' MASTERS, DREXIL 'GENE' POWELL, NASSIF ROHANNA, JAMES STEWART AND LOUIS STARSICK - CITIZENS OF MANNINGTON WHO MADE A DIFFERENCE"; and, be it
Further Resolved, That the High Street Bridge located in the City of Mannington, West Virginia, shall henceforth be named in honor of Charles Brummage, Herbert "Pete" Bonnell and Clarence Roberts; and, be it
Further Resolved, That the Division of Highways is hereby directed to erect signs at each entrance to the High Street Bridge, proclaiming in bold and prominent alphabetic characters as follows: "THIS BRIDGE IS NAMED IN HONOR OF CHARLES BRUMMAGE, HERBERT 'PETE' BONNELL AND CLARENCE ROBERTS - CITIZENS OF MANNINGTON WHO MADE A DIFFERENCE"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a certified copy of this resolution to Lenny Stafford, the Mayor of the City of Mannington and to the City Council of the City of Mannington.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 19, Requesting Division of Highways name bridge at Miller's Creek, Mingo County, "Arnold J. Starr Memorial Bridge".
Having been rereferred to the Committee on Transportation and Infrastructure on February 17, 2006;
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 28, Requesting Division of Highways name bridge at Keyser, Mineral County, "Jonah E. Kelley, World War II Congressional Medal of Honor Recipient, Memorial Bridge".
Having been rereferred to the Committee on Transportation and Infrastructure on February 20, 2006;
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 64, Requesting Division of Highways name bridge in Sharples, Logan County, "Sharples Stags Memorial Bridge".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 79, Requesting Division of Highways rename Warriormine Road in War, McDowell County, "Glenn Hatcher Way".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. House Bill No. 2853, Relating to the West Virginia Courtesy Patrol Program.
And reports the same back without recommendation as to passage; 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 Unger, unanimous consent being granted, the bill (Eng. H. B. No. 2853) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Unger, the bill was rereferred to the Committee on Transportation and Infrastructure; and then, under the original double committee reference, to the Committee on Finance.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. Com. Sub. for House Bill No. 4119, Creating the ATV Responsibility Act.
And,
Eng. House Bill No. 4556, Relating to the enforcement of accessible parking spaces for motorists with mobility impairments.
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 R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 4119 and Eng. H. B. No. 4556) contained in the preceding report from the Committee on Transportation and Infrastructure 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 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
Eng. Com. Sub. for House Bill No. 4172, Authorizing the Department of Administration to promulgate legislative rules.
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. Com. Sub. for H. B. No. 4172) 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
Eng. Com. Sub. for House Bill No. 4210, Authorizing the Department of Commerce to promulgate legislative rules.
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. Com. Sub. for H. B. No. 4210) 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 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
Eng. House Bill No. 4307, Extending the weekend driving privileges of antique motor vehicles and motorcycles.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Eng. H. B. No. 4307) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Transportation and Infrastructure pending.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. House Bill No. 4606, Removing the requirement that complaints against licensees under the Real Estate Licensing Act be verified.
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. H. B. No. 4606) 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 Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. House Bill No. 4817, Authorizing Harrison County court to use unexpended funds to acquire a new fire fighter's school building.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. H. B. No. 4817) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Government Organization pending.
The Senate proceeded to the sixth order of business.
Senators Guills, Barnes and Hunter offered the following resolution:
Senate Concurrent Resolution No. 81-- Requesting the Joint Committee on Government and Finance study the criteria necessary for recognition as a child advocacy center and as a member of the West Virginia Child Advocacy Network.
Whereas, Child advocacy centers are a national response to the need for coordination and child-friendly facilities in which multidisciplinary teams improve safety for children in communities; and
Whereas, The first child advocacy center began 23 years ago in Huntsville, Alabama, and there are over 600 child advocacy centers in the United States; and
Whereas, The purpose of a child advocacy center is to provide a comprehensive, culturally competent, multidisciplinary response to allegations of child abuse; and
Whereas, The West Virginia Child Advocacy Network comprises 16 established and/or developing child advocacy centers in 21 West Virginia counties; and
Whereas, The West Virginia Child Advocacy Network develops plans for growth, sustainability, policy and system advocacy; and
Whereas, Coordination of child advocacy centers is vital to strengthen the multidisciplinary team process of the child advocacy model; and
Whereas, The distinction between multidisciplinary investigative and multidisciplinary treatment teams allows for disconnection and fragmentation of the response to child abuse at the local level; and
Whereas, West Virginia currently provides for a system supporting multidisciplinary teams to coordinate service delivery for children who may be the victims of abuse or neglect; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the criteria necessary for recognition as a child advocacy center and as a member of the West Virginia Child Advocacy Network; and, be it
Further Resolved, That the Joint Committee on Government and Finance consult with various individuals with expertise in the child advocacy industry, representatives from the business and labor communities and any other individual or group the committee finds necessary for the development of a plan to address this issue; 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 Chafin and Yoder offered the following resolution:
Senate Resolution No. 42-- Requesting the Supreme Court of Appeals establish a review committee to study and implement rules relating to the advertisement of legal services in West Virginia.
Whereas, Legal advertising is becoming demeaning to the practice of jurisprudence in West Virginia with its appearance of frivolity; and
Whereas, At the present time there is no mechanism to regulate the advertising of legal services in West Virginia; and
Whereas, Uncontrolled legal advertising has the potential of being harmful to potential clients and entails practices that are misleading, overreaching and deceptive; and
Whereas, The promulgation of rules relating to legal advertising and the review of advertisements prior to their use should be examined by a review authority; therefore, be it
Resolved by the Senate:
That the Senate hereby requests the West Virginia Supreme Court of Appeals to establish a review committee to study and implement rules relating to the advertising of legal services in West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Supreme Court of Appeals.
Which, under the rules, lies over one day.
Senators Oliverio and Foster offered the following resolution:
Senate Resolution No. 43-- Recognizing the first full week in March, 2006, as "National Problem Gambling Awareness Week".
Whereas, Problem gambling is a public health issue affecting millions of Americans from all walks of life and has enormous social, economic and psychological implications; and
Whereas, Problem gambling has an effect on domestic issues as well, including child endangerment, child abuse and spousal abuse; and
Whereas, The West Virginia Council on Problem Gambling is promoting March 6th through the 12th, 2006, as National Problem Gambling Awareness Week in West Virginia; and
Whereas, The goal of National Problem Gambling Awareness Week is to help educate the public about the dangers of problem gambling and the availability of counseling support services to help minimize the effects of this national problem; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the first full week of March, 2006, as "National Problem Gambling Awareness Week"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representative of the West Virginia Council on Problem Gambling.
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.
Petitions
Senator Prezioso presented a petition from Mary Snelson and numerous Monongalia County school employees, supporting the West Virginia Education Association's proposals relating to repealing the 80-20 PEIA insurance premium split and supporting a six-percent salary increase.
Referred to the Committee on Finance.
Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate third reading calendar, Engrossed Committee Substitute for House Bill No. 4486.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 22, Requesting Joint Committee on Government and Finance study restrictions on lawyers' advertising.
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. 40, Authorizing Water Development Authority issue bonds and notes in excess of $400 million.
On unfinished business, coming up in regular order, was reported by the Clerk.
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. 42, Requesting Joint Committee on Government and Finance study vocational, technical and adult education.
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. 43, Requesting Joint Committee on Government and Finance study municipal policemen's and firemen's pension funds.
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. 47, Requesting Joint Committee on Government and Finance study current and future highway financing.
On unfinished business, coming up in regular order, was reported by the Clerk.
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. 52, Requesting Joint Committee on Government and Finance study revenues and expenditures of Parkways, Economic Development and Tourism Authority.
On unfinished business, coming up in regular order, was reported by the Clerk.
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. 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.
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. 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.
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. 80, Requesting Joint Committee on Government and Finance study all-terrain vehicle safety regulations.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Resolution No. 36, Requesting Congress provide funding for veterans' long-term care facility in Beckley.
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.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 4069, Continuing the Rural Health Advisory Panel until July 1, 2009.
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. H. B. No. 4069) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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 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. H. B. No. 4089) passed.
The following amendment to the title of the bill, from the Committee on Transportation and Infrastructure, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. House Bill No. 4089--A Bill to amend and reenact §17A-3-4 and §17A-3-23 of the Code of West Virginia, 1931, as amended, all relating to establishing a new license plate that designates city or municipality law-enforcement departments; specifying the design and one-time fee; and creating a new public transportation system license plate to replace the mix of municipal, county and state plates currently assigned for use on public transit vehicles.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4239, Continuing the Division of Unemployment Compensation.
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. H. B. No. 4239) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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 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 H. B. No. 4240) passed.
The following amendment to the title of the bill, from the Committee on Education, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. Com. Sub. for House Bill No. 4240--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §18B-3C-13 and §18B-3C-14, all relating to higher education; changing the name of the Community and Technical College of Shepherd to Blue Ridge Community and Technical College; making findings; clarifying legislative intent related to certain institutional boards of governors; permitting institutions under a single governing board to be recognized as a single organization within West Virginia's financial systems; and clarifying certain operations of certain community and technical colleges.
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. Com. Sub. for H. B. No. 4240) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4310, Continuing of the Board of Risk and Insurance Management.
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. H. B. No. 4310) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4349, Continuing the Division of Motor Vehicles.
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. H. B. No. 4349) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. House Bill No. 4349--A Bill to amend and reenact §17A-2- 24 of the Code of West Virginia, 1931, as amended, relating to continuing the Division of Motor Vehicles.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4350, Continuing the Family Protection Services 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. H. B. No. 4350) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. House Bill No. 4350--A Bill to amend and reenact §48-26- 1102 of the Code of West Virginia, 1931, as amended, relating to continuing the Family Protection Services Board.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4391, Continuing the State Rail Authority.
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. H. B. No. 4391) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4392, Continuing of the West Virginia Conservation Agency.
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. H. B. No. 4392) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. House Bill No. 4392--A Bill to amend and reenact §19-21A- 4a of the Code of West Virginia, 1931, as amended, relating to continuing the State Conservation Committee.
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. 4486, Relating to minimum base pay for members of the National Guard and providing tuition payment for the cost of post-graduate courses.
Having been removed from the Senate third reading calendar, no further action thereon was taken.
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 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. H. B. No. 4603) 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. H. B. No. 4603) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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 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. H. B. No. 4683) passed.
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 title of the bill was withdrawn.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
On page one, by striking out the title and substituting therefor a new title, to read as follows:
Eng. House Bill No. 4683--A Bill to amend and reenact §49-5-6 of the Code of West Virginia, 1931, as amended, relating to jury trials in juvenile proceedings; establishing the right to trial by a twelve-person jury when a juvenile is accused of acts of juvenile delinquency which constitute a crime if committed by an adult which would subject an adult to incarceration; and eliminating the right to demand trial by jury for status offenses allegedly committed by a juvenile or where the court has ruled pretrial that incarceration is not a possibility.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Eng. House Bill No. 2136, Requiring the clerk of the county commission to execute, record and post a disclaimer relating to certain unlawful covenants.
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. 2548, The Diabetes Care Plan Act.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Health and Human Resources, was reported by the Clerk and adopted:
On page five, section four, line two, by striking out the word "Legislature" and inserting in lieu thereof the words "Legislative Oversight Commission on Health and Human Resources Accountability".
The bill (Eng. Com. Sub. for H. B. No. 2548), as amended, was then ordered to third reading.
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.
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. 4008, Relating to authorizing city and county housing authorities to merge to form a regional housing authority.
On second 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. House Bill No. 4311, Continuing of the Department of Environmental Protection.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4437, Authorizing West Virginia Department of Agriculture emergency response vehicles to utilize red flashing warning lights.
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. 4444, Permitting land grant university researchers performing research to plant ginseng seed and to dig, collect or gather ginseng on state public lands.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Agriculture, was reported by the Clerk and adopted:
On page one, by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 1A. DIVISION OF FORESTRY.

§19-1A-3a. Providing criminal penalties for the illegal possession of uncertified ginseng.

(a) (1) The Legislature finds that ginseng trade must be controlled in order to protect the survival of wild ginseng as evidenced by its listing in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. It is the policy of this state to regulate the commerce in ginseng in a manner that protects the survival of wild ginseng.
(2) For purposes of this section:
~~(i)~~ (A) "Certified" means the ginseng carries a certificate of origin issued by the director which allows the export from West Virginia of ginseng legally harvested in this state;
~~(ii)~~ (B) "Commercial use" means to sell or to use ginseng for financial gain;
~~(iii)~~ (C) "Cultivated ginseng" means ginseng that is purposefully planted in beds under artificial shade using standard horticultural practices such as mechanical tillage, fertilization, weed control, irrigation and pesticides;
~~(iv)~~ (D) "Dealer" means a person who purchases ginseng for purposes of commercial use;
~~(v)~~ (E) "Digger" means a person who digs, collects or gathers wild ginseng by searching woodlands to find the plants;
~~(vi)~~ (F) "Director" means the Director of the Division of Forestry;
~~(vii)~~ (G) "Division" means the Division of Forestry;
~~(viii)~~ (H) "Export" means the movement of ginseng from state to state as well as sending it abroad;
~~(ix)~~ (I) "Ginseng" means cultivated ginseng, woods-grown ginseng, wild simulated ginseng and wild ginseng;
~~(x)~~ (J) "Green ginseng" means a fresh wild ginseng root that has not been intentionally subjected to a drying process and from which most natural moisture has not been removed by drying;
~~(xi)~~ (K) "Grower" means a person who purposefully plants and grows cultivated ginseng, woods-grown ginseng or wild simulated ginseng for purposes of commercial use: Provided, That a grower does not include a digger who plants wild ginseng seed from the wild ginseng plants he or she digs, collects or gathers;
~~(xii)~~ (L) "Harvest" means to dig, collect or gather ginseng;
~~(xiii)~~ (M) "Person" means an individual, corporation, partnership, firm or association;
~~(xiv)~~ (N) "Rootlets" means woods-grown or wild simulated one to two-year old ginseng roots commonly sold as transplants to growers;
~~(xv)~~ (O) "Wild ginseng" means Panax quinquefolius L. that is not grown or nurtured by a person regardless of the putative origin of the plants: Provided, That wild ginseng may originate from seeds planted by a digger at the same site from which the digger harvests the wild ginseng;
~~(xvi)~~ (P) "Wild simulated ginseng" means ginseng that is purposefully planted in the woods without a bed being prepared and without the use of any chemical weed, disease or pest control agents;
~~(xvii)~~ (Q) "Woods-grown ginseng" means ginseng that is purposefully planted in beds prepared in the woods in a manner that uses trees to provide necessary shade and which may be grown with the use of chemical or mechanical weed, disease or pest control agents.
(3) ~~(i)~~ (A) The Division of Forestry shall regulate the growing, digging, collecting, gathering, possessing and selling of ginseng.
~~(ii)~~ (B) The division may propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to implement the provisions of this section including the amount of any permit fee.
~~(iii)~~ (C) For purposes of regulating the growing, harvesting and commercial use of ginseng, a division employee may enter upon any public or private property, other than a dwelling house, at reasonable times, in order to inspect the ginseng operation or records. No A person may not obstruct or hinder the employee in the discharge of his or her enforcement duties.
~~(iv)~~ (D) All moneys received from permit fees and civil penalties assessed pursuant to this section shall be credited to the special account within the Division of Forestry to be used for the purposes set forth in section three of this article.
~~(v)~~ (E) The site plats required to be submitted to the division and other information identifying the specific location of ginseng plants are not open to public inspection pursuant to article one, chapter twenty-nine-b of this code since they disclose information having a significant commercial value.
(b) (1) The digging season for wild ginseng begins on the first day of September and ends on the thirtieth day of November of each year. It is unlawful for a person to dig, collect or gather wild ginseng between the first day of December and the thirty-first day of August of the following year.
(2) A person digging, collecting or gathering wild ginseng upon the enclosed or posted lands of another person shall first obtain written permission from the landowner, tenant or agent and shall carry the written permission on his or her person while digging, collecting or gathering wild ginseng upon the enclosed or posted lands. It is unlawful to dig, collect or gather wild ginseng from the property of another without the written permission of the landowner.
(3) A person digging, collecting or gathering wild ginseng shall plant the seeds from the wild ginseng plants at the time and at the site from which the wild ginseng is harvested. It is unlawful to remove wild ginseng seeds from the site of collection.
(4) It is unlawful to dig, collect or gather wild ginseng less than five years old.
(5) No A person may not rescue wild ginseng plants endangered by ground-disturbing activities unless he or she has first obtained a moving permit from the division. The person shall provide the reason for moving the plants, the current location of the plants, the proposed new planting site and other information required by the division.
(6) It is unlawful to plant ginseng or ginseng seed and to dig, collect or gather ginseng on West Virginia public lands, except by land grant university researchers performing research or demonstration projects regarding the growing, cultivating or harvesting of ginseng: Provided, That it is unlawful for anyone to plant ginseng or ginseng seed and to dig, collect or gather ginseng on state wildlife management areas or on state parks.
(c) (1) No A person may not act as a grower unless he or she has obtained a grower's permit from the division.
(2) Prior to planting cultivated, woods-grown or wild simulated ginseng, a grower shall:
~~(i)~~ (A) Submit to the director a plat of the exact planting location prepared by a licensed surveyor or a registered forester as defined in article nineteen, chapter thirty of this code, along with information verifying the name of the landowner: Provided, That if the grower is not the landowner, the grower shall also submit written permission from the landowner to grow and harvest cultivated, woods-grown or wild simulated ginseng on that property.
~~(ii)~~ (B) Obtain a written determination from the director certifying that the planting area is free from wild ginseng; and ~~(iii)~~ (C) Submit other information required by the division.
(3) A grower shall keep accurate and complete records on each ginseng planting on forms provided by the division. The records shall be available for inspection by a division employee and shall be submitted to the division at intervals established by rule by the division. A grower shall maintain records for a period of not less than ten years. The information required to be kept shall include:
~~(i)~~ (A) The origin of ginseng seed, rootlets or plants;
~~(ii)~~ (B) The location of purposefully planted cultivated, wild simulated and woods-grown ginseng and a site plat of the planting;
~~(iii)~~ (C) The original of the director's determination that the site was free from wild ginseng at the time of planting;
~~(iv)~~ (D) The date each site was planted;
~~(v)~~ (E) The number of pounds of seeds planted or the number and age of rootlets, or both; and
~~(vi)~~ (F) Other information required by the division.
(4) A grower may harvest cultivated ginseng on or after the effective date of this section throughout the year.
(5) A grower may harvest wild simulated and woods-grown ginseng from the first day of September through the thirtieth day of November of each year.
(6) It is unlawful for a person to dig, collect or gather wild simulated and woods-grown ginseng between the first day of December and the thirty-first day of August.
(7) It is unlawful to dig, collect and gather wild simulated and woods-grown ginseng less than five years old.
(8) A grower shall comply with the certification procedures set forth in subdivision (f) of this section.
(9) For planting locations in existence prior to the first day of July, two thousand five, provide proof of having purchased ginseng seed, rootlets or plants for planting for a minimum of one or more of the five years immediately prior to the first day of July, two thousand five, and sign a certification that to the best of his or her knowledge, no wild ginseng existed on the site at the time the ginseng was planted: Provided, That no grower may certify a planting location in existence prior to the first day of July, two thousand five, under this provision after the thirty-first day of December, two thousand nine.
(d) (1) No A person may not act as a dealer unless he or she has obtained a dealer's permit from the division.
(2) A dealer shall keep accurate and complete records on his or her ginseng transactions on forms provided by the division. A dealer is required to maintain a record of all persons, including a digger, grower and dealer, involved in each purchase or sale transaction and shall include the name, address, permit number and a copy of each ginseng certification issued by the division. All records shall be available for inspection by a division employee. A dealer shall maintain records for a period of not less than ten years. In addition, a dealer is required to report the following information to the division monthly:
~~(i)~~ (A) The date of the transaction;
~~(ii)~~ (B) The type of ginseng, whether wild, cultivated, woods- grown or wild simulated ginseng;
~~(iii)~~ (C) Whether the ginseng is dried or green at the time of the transaction;
~~(iv)~~ (D) The weight of the ginseng;
~~(v)~~ (E) The county from which the ginseng was harvested;
~~(vi)~~ (F) The identification number from the state ginseng certification; and
~~(vii)~~ (G) Other information required by the division.
(3) A dealer shall include a West Virginia export certificate, numbered by the division, with each shipment of ginseng transported out of state.
(4) No A dealer may not import out-of-state ginseng into this state unless the ginseng is accompanied by a valid export certificate issued by the state of origin. A dealer must return uncertified ginseng to the state of origin within fifteen calendar days.
(5) It is unlawful to include false information on any certificate or record required to be completed or maintained by this section. All ginseng harvested in West Virginia must be certified by the director before being transported or shipped out of state.
(e) (1) No A person may ~~dig wild ginseng, or~~ not act as a grower, or act as a dealer unless he or she has been issued the appropriate permit by the division. A person must obtain a separate permit for each activity. Permit applications shall be made on forms provided by the division. The application for a permit shall be accompanied by the applicable permit fee. The division shall assign a permit number to each person granted a permit and it shall keep records of the permits issued.
(2) Permits expire on the thirty-first day of December of each year ~~and~~ for growers and the thirty-first day of August of each year for dealers. All permits must be renewed annually. Renewal forms will be mailed to current permit holders. The failure to receive a renewal form does not relieve the permit holder of the obligation to renew. The division may require a late fee when renewal is received more than sixty days after the expiration of the current permit.
(3) The permit holder shall notify the division of any changes in the information on the permit.
(f) ~~(1)~~ All ginseng harvested in this state shall be certified as to type, whether wild, cultivated, woods-grown or wild simulated, and to its origin, weight and lawful harvest. Other information may be required for ginseng to be certified by the division to comply with the Convention on International Trade in Endangered Species of Wild Fauna and Flora to allow for its export: Provided, That live one- and two-year old cultivated, woods-grown or wild simulated rootlets sold by growers for propagation purposes within the United States are not regarded as harvested and are exempt from the certification requirement. All ginseng, except cultivated ginseng, must be certified or weight receipted by the first day of April of the year following harvest: Provided, however, That no ginseng may be certified between the first day of January through the thirty-first day of March unless the person requesting certification displays a valid permit. It is unlawful for a person to have in his or her possession uncertified wild ginseng from the first day of April through the thirty-first day of August.
~~(2)~~ (g) The director shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code designed to implement the ginseng certification process.
~~(g) (1)~~ (h) The division may, by order entered in accordance with the provisions of article five, chapter twenty-nine-a of this code, deny, suspend or revoke the permit of a grower or dealer and may invalidate an export certificate completed by a dealer when the division finds that a grower or dealer has violated any provision of this section or a legislatively approved rule.
~~(2)~~ (i) The division may assess a civil penalty against a person who violates any provision of this section or a provision of a legislatively approved rule. The division may assess a monetary penalty of not less than one hundred dollars nor more than five hundred dollars.
~~(h) (1)~~ (j) Any person violating a provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars for the first offense, and for each subsequent offense shall be fined not less than five hundred dollars nor more than one thousand dollars, or confined in jail not more than six months, or both. The court, in imposing the sentence of a person convicted of an offense under this section, shall order the person to forfeit all ginseng involved in the offense.
~~(2)~~ (k) It is the duty of the prosecuting attorney of the county in which the violation occurred to represent the division, to institute proceedings and to prosecute the person charged with the violation.
The bill (Eng. Com. Sub. for H. B. No. 4444), as amended, was then ordered to third reading.
Eng. House Bill No. 4472, Including family court jurisdiction in all proceedings concerning grandparent visitation.
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. 4491, Establishing the third week of October as Disability History Week for the State of West Virginia.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Eng. Com. Sub. for House Bill No. 4015, Relating to funding of the Revenue Shortfall Reserve Fund.
Eng. House Bill No. 4075, Relating to the dedication of moneys to the Regional Jail Partial Reimbursement Fund.
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. 4494, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
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.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators White, Prezioso, Hunter, Weeks, Sprouse and Oliverio.
Thereafter, at the request of Senator Love, and by unanimous consent, the remarks by Senator White were ordered printed in the Appendix to the Journal.
At the request of Senator Weeks, unanimous consent being granted, the remarks by Senator Hunter were ordered printed in the Appendix to the Journal.
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, without objection, returned to the third order of business.
Executive Communications
The Clerk then presented a communication from His Excellency, the Governor, advising that on March 6, 2006, he had approved Enr. Senate Bill No. 216 and Enr. Senate Bill No. 454.
The Senate again 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 7th 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:
(H. B. No. 4019), Relating to the preparation and distribution of a digest or summary of the budget bill.
(Com. Sub. for H. B. No. 4047), Relating to part-time prosecuting attorneys.
And,
(Com. Sub. for H. B. No. 4063), Expanding the authority of the Commissioner of Banking concerning use of certain banking terms in connection with the name of a business.
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. 6, Requesting Joint Committee on Government and Finance study public school dress code and uniforms.
Senate Concurrent Resolution No. 18, Requesting Joint Committee on Government and Finance study eliminating incarceration for certain misdemeanors.
Senate Concurrent Resolution No. 60, Requesting Joint Committee on Government and Finance study feasibility of establishing statewide automated victim notification network.
Senate Concurrent Resolution No. 71, Requesting Joint Committee on Government and Finance study need for background checks for professional licensees.
And,
Senate Concurrent Resolution No. 72, Requesting Joint Committee on Government and Finance study sunrise and sunset legislation processes.
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
Eng. Com. Sub. for House Bill No. 4006, Adding counties to the Hatfield-McCoy Regional Recreational Authority.
With amendments from the Committee on Government Organization pending;
Now on second reading, having been read a first time and referred to the Committee on Finance on March 6, 2006;
And reports the same back with the recommendation that it do pass as amended by the Committee on Government Organization to which the bill was first referred.
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
Eng. Com. Sub. for House Bill No. 4012, Child Abuser Registration Act.
And has amended same.
And reports the same back with the recommendation it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4012) 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, with amendments from the Committee on the Judiciary pending.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4048, Placing limitations on the use of eminent domain.
With amendments from the Committee on Economic Development and the Committee on Government Organization pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Economic Development and the Committee on Government Organization.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4048) 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
Eng. House Bill No. 4049, Relating to state funded student financial aid.
With amendments from the Committee on Education pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 4049) 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 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
Eng. Com. Sub. for House Bill No. 4108, Allowing an osteopathic physician and surgeon to supervise up to three physician assistants generally.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4790, Prescribing and modifying the duties of the Secretary of the Department of Health and Human Resources in child welfare placement.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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. House Bill No. 4112, Extending the time for the County Commission of Mineral County, West Virginia, to meet as a levying body.
And has amended same.
And,
Eng. House Bill No. 4484, Extending the time for the county commission of Marion County, West Virginia, to meet as a levying body.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4126, Relating to retention of seniority for the purpose of seeking reemployment for professional employees whose employment with a county board of education was terminated voluntarily.
And,
Eng. House Bill No. 4785, Allowing school service personnel the opportunity to vote on giving transfer preference to employees from a merged school.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 4126 and Eng. H. B. No. 4785) contained in the preceding report from the Committee on Education were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator 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. 4276, Updating the regulation of the practice of landscape architecture.
Eng. House Bill No. 4510, Removing language requiring the commission to maintain a registry and census of persons who are deaf or hard of hearing.
And,
Eng. House Bill No. 4569, Extending the time for the county commission of Harrison County, West Virginia, to meet as a levying body.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
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
Eng. House Bill No. 4279, Relating to the Massage Therapy Licensure Board.
Eng. House Bill No. 4321, Relating to definitions and modifications of exemptions from notification and licensure with respect to lead abatement.
And,
Eng. House Bill No. 4685, Arthritis Prevention Education Act.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee references of Engrossed House Bill Nos. 4279 and 4321 contained in the foregoing report from the Committee on Health and Human Resources.
Engrossed House Bill No. 4685, under the original double committee reference, was then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4283, Providing a preference to West Virginia veterans in the awarding of state contracts in the competitive bidding process.
With amendments from the Committee on Military pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as amended by the Committee on Military to which the bill was first referred; and as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
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 it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4454, Relating to wages withheld from an employee.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 6, 2006;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. Com. Sub. for House Bill No. 4513, Permitting insurance fraud investigators to present criminal complaints directly to a magistrate and to extend the statute of limitations for certain insurance related misdemeanors to three years.
And has amended same.
Eng. House Bill No. 4679, Relating to qualified charitable gift annuities.
And has amended same.
And,
Eng. House Bill No. 4792, Authorizing the purchasing of certain services from a bank or trust company or an affiliate of a bank or trust company.
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 the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee references of Engrossed Committee Substitute for House Bill No. 4513 and Engrossed House Bill No. 4679 contained in the foregoing report from the Committee on Banking and Insurance.
At the request of Senator Minard, unanimous consent being granted, Engrossed Committee Substitute for House Bill No. 4513 and Engrossed House Bill No. 4679 were each taken up for immediate consideration, read a first time and ordered to second reading.
At the request of Senator Minard, and by unanimous consent, Engrossed House Bill No. 4792 contained in the preceding report from the Committee on Banking and Insurance 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, with amendments from the Committee on Banking and Insurance pending.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4625, Extending certain authority to professional personnel designee of school principal. And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
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
Eng. House Bill No. 4651, Relating to continuing the statewide poison center generally.
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 Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Bowman, as chair of the Committee on Government Organization, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. House Bill No. 4847, Relating to group limited health benefits insurance plans.
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,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being granted, the bill (Eng. H. B. No. 4847) contained in the preceding report from the Committee on Banking and Insurance 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 Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4038, Relating to donation and transfer of surplus personal computers and other information systems, technology and equipment for educational purposes.
And has amended same.
Eng. Com. Sub. for House Bill No. 4544, Allowing for more teachers to be reimbursed for approved course work.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4626, Including private schools, parochial schools, church schools, and other schools operated by a religious order in state student teaching programs.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bills (Eng. H. B. No. 4038, Eng. Com. Sub. for H. B. No. 4544 and Eng. Com. Sub. for H. B. No. 4626) contained in the preceding report from the Committee on Education were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance, with amendments from the Committee on Education pending.
On motion of Senator Chafin, the Senate recessed for five minutes.
Upon expiration of the recess, the Senate reconvened and resumed business under the fourth order.
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. 4030, Relating to limiting the administration of a Voluntary Contribution Fund or similar benefit plan by members and employees of the West Virginia State Police.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4030) 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, with an amendment from the Committee on the Judiciary pending.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4096, Relating to amount of an appeal bond.
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. Com. Sub. for H. B. No. 4096) 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
Eng. Com. Sub. for House Bill No. 4120, Authorizing the termination of water service for delinquent sewer bills where the sewer service is provided by a Homeowners' Association.
And,
Eng. Com. Sub. for House Bill No. 4661, Continuing the Board of Registered Professional Nurses rule relating to dialysis technicians.
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. Nos. 4120 and 4661) 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
Eng. Com. Sub. for House Bill No. 4135, Authorizing the Department of Environmental Protection to promulgate legislative rules.
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. Com. Sub. for H. B. No. 4135) 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
Eng. Com. Sub. for House Bill No. 4256, Providing a procedure for removal of county, district or municipal officers.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 6, 2006;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. Com. Sub. for House Bill No. 4379, Relating to insurance coverage for mammograms, pap smears and human papillmovavirus.
And has amended same.
And,
Eng. House Bill No. 4470, Updating the definition of "medicare supplement policy".
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being granted, Engrossed Committee Substitute for House Bill No. 4379 contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Minard, the bill was then referred to the Committee on Finance, with an amendment from the Committee on Banking and Insurance pending.
At the request of Senator Minard, unanimous consent being granted, Engrossed House Bill No. 4770 contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Jenkins, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Eng. House Bill No. 4386, Ratifying the National Crime Prevention and Privacy Compact.
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,
Evan H. Jenkins,
Chair.
At the request of Senator Jenkins, unanimous consent being granted, the bill (Eng. H. B. No. 4386) contained in the preceding report from the Committee on Interstate Cooperation 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 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. 4453, Clarifying the powers and duties of conservation officers as it relates to searches and seizures.
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. Com. Sub. for H. B. No. 4453) 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
Eng. House Bill No. 4458, Relating to the sale of bulk data in electronic format from the Uniform Commercial Code and Corporation Data Bases.
And,
Eng. House Bill No. 4698, Changing the filing time for a subcontractor's lien.
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. H. B. Nos. 4458 and 4698) 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
Eng. House Bill No. 4479, Relating to Manufactured Housing Construction and Safety Standards.
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. 4479) 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
Eng. House Bill No. 4598, Eliminating the requirement for combined oil and gas returns for purposes of property taxes, and to further define the information that may be released.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4598) 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
Eng. Com. Sub. for House Bill No. 4601, Increasing the amount transferred to the Special Operating Fund in the State Treasury for the Auditor's Public Utilities Division and dedicate the increased amount to pay for public utility litigation expenses.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4601) 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
Eng. House Bill No. 4774, Allowing the Secretary of State's Office to amend its rule to allow for the sale of the code of state rules.
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. 4774) 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 twelfth order of business.
Remarks were made by Senator Minard.
Thereafter, at the request of Senator Oliverio, and by unanimous consent, the remarks by Senator Minard were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, March 8, 2006, at 11 a.m.
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