WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

FOURTH EXTRAORDINARY SESSION, 2005

FOURTH DAY

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Charleston, W. Va., Saturday, September 10, 2005

The Senate met at 9 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Honorable Shirley Love, a senator from the eleventh district.
Pending the reading of the Journal of Friday, September 9, 2005,
On motion of Senator Fanning, the Journal was approved and the further reading thereof dispensed with.
On motion of Senator Love, the special order of business set for this position on the calendar (consideration of executive and legislative nominations) was postponed and made a special order of business for tomorrow, Sunday, September 11, 2005, at 7 p.m.
The Senate proceeded to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 4008, Relating to salaries for teachers and school service personnel.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 4008) contained in the preceding report from the Committee on Education 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 Education pending.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 4018, Providing salary increase for elected county officials.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (S. B. No. 4018) 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 Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 4019 (originating in the Committee on Education)--A Bill to amend and reenact §5-5-1 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18B-8-7; and to amend said code by adding thereto a new section, designated §18B-9-13, all relating to providing the salary increment to faculty at state institutions of higher education; and providing method of allocating certain funds for higher education employee salary increases.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 4019) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Plymale, the bill was referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 4020 (originating in the Committee on Government Organization)--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-1-3 of said code, all relating generally to salaries of state officials; providing a Senior Executive Service Salary Schedule for certain state officials; and salaries of the member of the Public Service Commission.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on the Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (S. B. No. 4020) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Bowman, the bill was referred 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
Senate Concurrent Resolution No. 401 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways name the portion of W. Va. Route 16 between Glen Jean and Oak Hill, Fayette County, the "Hank Williams, Sr., Memorial Road".
Whereas, Hank Williams, Sr., traveled the portion of W. Va. Route 16 between Glen Jean and Oak Hill, Fayette County, shortly before his death near Oak Hill on the night of December 31, 1952; and
Whereas, The haunting melodies created by Hank Williams, Sr., have touched the souls of so many throughout the United States; and
Whereas, The contributions of Hank Williams, Sr., have helped propel country music into the billion-dollar industry it is today; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the portion of W. Va. Route 16 between Glen Jean and Oak Hill, Fayette County, the "Hank Williams, Sr., Memorial Road"; 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 and the Governor.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the ninth order of business.
Senate Bill No. 4001, Relating to benefits to dependents of certain state troopers.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's first reading calendar.
Senate Bill No. 4006, Relating to accountability of persons receiving state funds or grants.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page two, section fourteen, line twenty-four, by striking out the word "and";
On page three, section fourteen, line one, after the word "benefits" by changing the period to a semicolon and inserting the following: and (I) federal pass-through funds that are subject to the federal Single Audit Act Amendments of 1996, 31 U. S. C. 7501, et seq.;
On page three, section fourteen, line seven, by striking out the word "twenty-five" and inserting in lieu thereof the word "fifty";
On page three, section fourteen, line eighteen, by striking out the word "twenty-five" and inserting in lieu thereof the word "fifty";
On page four, section fourteen, line ten, by striking out the word "three" and inserting in lieu thereof the word "five";
And,
On page four, section fourteen, line seventeen, by striking out the word "three" and inserting in lieu thereof the word "five".
On motion of Senator Helmick, the following amendments to the bill (S. B. No. 4006) were next reported by the Clerk and adopted:
On page three, section fourteen, lines six and seven, by striking out the words "a state grant" and inserting in lieu thereof the words "one or more state grants";
On page three, section fourteen, line seven, after the word "more" by inserting the words "in the aggregate in a fiscal year";
And,
On page three, section fourteen, line nineteen, after the word "grant" by changing the period to a comma and inserting the words "unless the grantee submits a report addressing the disbursement of the grant, under subdivision (1) of this subsection."
On motion of Senator Helmick, the following amendments to the bill (S. B. No. 4006) were next reported by the Clerk, considered simultaneously, and adopted:
On page three, section fourteen, line five, by striking out the words "sixteen-a, article twelve" and inserting in lieu thereof the words "seven, article twelve-c";
On page six, section fourteen, line seven, by striking out the word "performed" and inserting in lieu thereof the words "or sworn statement of expenditures submitted";
On page six, section fourteen, line nine, after the word "report" by inserting the words "or sworn statement of expenditures";
On page seven, section fourteen, line eleven, by striking out the words "sixteen-a, article twelve" and inserting in lieu thereof the words "seven, article twelve-c";
On page seven, section fourteen, line fifteen, after the word "reports" by inserting the words "or sworn statement of expenditures";
On page seven, section fourteen, line twenty, after the word "authorized" by inserting the words "at any time";
On page seven, section fourteen, line twenty-two, by striking out the words "at any time";
On page eight, section fourteen, line three, by striking out the words "sixteen-a, article twelve" and inserting in lieu thereof the words "seven, article twelve-c";
On page nine, section fourteen, line nine, by striking out the words "sixteen-a, article twelve" and inserting in lieu thereof the words "seven, article twelve-c";
On page nine, section fourteen, line twenty-four, by striking out the words "sixteen-a,";
On page ten, section fourteen, line one, by striking out the words "article twelve" and inserting in lieu thereof the words "seven, article twelve-c";
And,
On page ten, section fourteen, line eighteen, by striking out the words "sixteen-a, article twelve" and inserting in lieu thereof the words "seven, article twelve-c";
On motion of Senator Caruth, the following amendment to the bill (S. B. No. 4006) was next reported by the Clerk and adopted:
On page three, section fourteen, line ten, after the word "audit" by inserting a comma and the words "by an independent certified public accountant,".
The bill (S. B. No. 4006), as amended, was then ordered to engrossment and third 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, White, Yoder and Tomblin (Mr. President)--33.
The nays were: Weeks--1.
Absent: None.
Engrossed Senate Bill No. 4006 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--33.
The nays were: Barnes--1.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 4006) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--33.
The nays were: Barnes--1.
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. 4006) 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. 403, Providing for a technical correction relating to benefits of spouses and children of state troopers who die in the line of duty.
On second reading, coming up in regular order, was read a second time and ordered to third 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.
Having been engrossed, the bill (Eng. H. B. No. 403) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 403) 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. 403) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the tenth order of business.
Eng. House Bill No. 406, Providing that the fourth Thursday and Friday of November are "Thanksgiving Holidays", and combining Lincoln's Birthday and Washington's Birthday into a single holiday known as Presidents' Day to match the federal holiday.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The end of today's first reading calendar having been reached, the Senate returned to the consideration of
Senate Bill No. 4001, Relating to benefits to dependents of certain state troopers.
On second reading, coming up in deferred order, was again reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the Committee on Finance.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 405--A Bill to amend and reenact §21A-1A- 17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §21A-5-10c, all relating to unemployment compensation generally; placing a limit on the amount of wages an election official can receive in a calendar year that is not considered employment wages for unemployment compensation purposes; preventing State Unemployment Tax Act (SUTA) dumping, a method to circumvent the paying of proper unemployment compensation taxes; and imposing a criminal penalty for dumping violations.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the thirteenth order of business.
Senator Fanning called attention to today being the birthday of Karl Lilly, Assistant Clerk, and on behalf of the Senate extended felicitations and good wishes to Karl Lilly, with Senator Sharpe leading the members in singing "Happy Birthday".
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Sunday, September 11, 2005, at 7 p.m.
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