WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SIXTH LEGISLATURE
REGULAR SESSION, 2004
FORTY-EIGHTH DAY
____________
Charleston, W. Va., Monday, March 1, 2004
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor John A. Mason, Retired United
Methodist Clergy, Hurricane, West Virginia.
Pending the reading of the Journal of Friday, February 27,
2004,
On motion of Senator Sprouse, 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.
Senator Tomblin (Mr. President) presented a communication from
the Geological and Economic Survey, submitting its annual report as
required by chapter twenty-nine, article two, section six of the
code of West Virginia.
Which report was received and filed with the Clerk.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit Unbar Moghal to address the Senate on behalf of the Governor's Honors Academy and Gary Shaw to address the Senate
on behalf of the Governor's School for the Arts.
Upon expiration of the recess, the Senate reconvened and
resumed business under the second order.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4031--A Bill to amend and
reenact §51-1-10a of the code of West Virginia, 1931, as amended;
to amend and reenact §51-2-13 of said code; and to amend and
reenact §51-2A-6 of said code, all relating to judges and justices
generally; salary of justices; salary of judges of circuit courts;
and salary of family court judges.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4107--A Bill to amend and reenact
§47-20-23 of the code of West Virginia, 1931, as amended; to amend
and reenact §47-21-21 of said code, all relating to charitable
bingo and charitable raffles and allowing game proceeds to be
transferred, by check, between raffle and bingo accounts to offset losses.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4166--A Bill to amend and
reenact §36-3-5a of the code of West Virginia, 1931, as amended,
relating to excepting the description requirements from deeds or
instruments for easements and rights-of-way for mineral leases.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4252--A Bill to amend and reenact §18-7A-
17 of the code of West Virginia, 1931, as amended, relating to
providing for the purchase of service credit in the state teachers
retirement system for CETA time; and specifying purchase price.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4280--A Bill to amend and reenact §5-16-15
of the code of West Virginia, 1931, as amended, relating to making
available to retired participants in the public employees insurance
system the optional dental, vision, and audiology and hearing-aid
services insurance plans that are available to current public
employee participants.
Referred to the Committee on Banking and Insurance; 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, of
Eng. House Bill No. 4308, Providing immunity from civil
damages to workers who in good faith provides services or
materials, without remuneration, to build or install certain
universal accessibility features in accordance with applicable
state and federal laws.
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. 4339--A Bill to amend and reenact §11-15-8
of the code of West Virginia, 1931, as amended, relating to
clarifying the imposition of consumers sales and service tax on
purchases made by providers of professional or personal services.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4403--A Bill to repeal §7-7-10 of the code
of West Virginia, 1931, as amended, relating to the requirement of
affidavits acknowledging receipt of compensation.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4456--A Bill to extend the time for the
county commission of Harrison County, West Virginia, to meet as a
levying body for the purpose of presenting to the voters of the
county an election on the question of continuing the excess levy
for vital public services in Harrison County from between the
seventh and twenty-eighth days of March until the first Thursday in
June, two thousand four.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4464--A Bill to extend the time for the
governing body of the County Commission of Cabell County, West Virginia, to meet as a levying body for the purpose of presenting
to the voters of said county an election to consider an excess levy
for fire protection service, firefighter training and economic
development from the third Tuesday of April until the third Tuesday
in May, two thousand four.
Referred to the Committee on Government Organization.
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. 4500--A Bill to amend and reenact §44-5-4
of the code of West Virginia, 1931, as amended, relating to who may
be accepted as surety on a fiduciary bond.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4601--A Bill to amend and reenact §18-9A-7
of the code of West Virginia, 1931, as amended; to amend and
reenact §18-9D-2, §18-9D-6, §18-9D-8, §18-9D-15 and §18-9D-16 of
said code; and to amend and reenact §18A-4-2 of said code, all
relating to public education; suspending basic foundation
allocation for bus replacement and providing allocation for
academic trips for the school year beginning on the first day of
July, two thousand four, only; providing for legislative appropriation or allocation of appropriation of certain revenues,
funds and moneys of school building authority; redefining certain
terms; correcting references; providing conditions limiting
authority of school building to expend funds; providing for certain
guidelines and procedures by authority for plans, plan
modifications and evaluating projects; and providing for salary
increase for teachers.
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 adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 27--Requesting the
Commissioner of the Division of Highways to name the bridge
crossing the West Fork River at Enterprise in Harrison County the
"Corporal Jerry Lee Halpenny and PFC Michael Alonzo Wells Memorial
Bridge".
Whereas, When this country needed its young men and women to
serve in the Viet Nam War, two young men who lived only four houses
apart in the town of Enterprise, Harrison County, faltered not in
their duty as they saw it; and
Whereas, Corporal Jerry Lee Halpenny and PFC Michael Alonzo
Wells brought honor to their families, their community and this
state by their determination and unflinching courage in the face of terrible adversity and eventually laid down their lives in combat;
and
Whereas, While this state, Harrison County and the town of
Enterprise lost a part of the future, the parents of Corporal Jerry
Lee Halpenny and John and James Halpenny, his brothers, his wife
Linda Halpenny Sandy and Alonzo Harvey Wells and Edith Irene Wells,
the parents of PFC Michael Alonzo Wells, his brothers Charlie and
James Harvey Wells lost their sons, a brother and a husband; and
Whereas, Corporal Jerry Lee Halpenny was born on June 11,
1945, and died October 13, 1968, during his tour of duty in Viet
Nam and PFC Michael Alonzo Wells was born February 7, 1949, and
died June 27, 1969, during his tour of duty in Viet Nam; and
Whereas, This country and the country of South Viet Nam
awarded Corporal Jerry Lee Halpenny the Viet Nam Defense Medal, the
Viet Nam Republic Medal, the Purple Heart, the Combat Infantry
Medal, the United States Brass Medal, the United States Infantry
Brass Medal, the Bronze Star and the American Defense Medal; and it
awarded PFC Michael Alonzo Wells the Viet Nam Republic Medal, the
Purple Heart, the Bronze Star, the Bronze Star with Oak Leaf
Cluster, a third Bronze Star, the Army Commendation Medal and the
National Defense Medal; and
Whereas, We know these two young men live in the hearts they
have left behind, but they have honored all of us by their
sacrifice and it cannot go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia
Division of Highways to name the bridge crossing the West Fork
River at Enterprise in Harrison County the "Corporal Jerry Lee
Halpenny and PFC Michael Alonzo Wells Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways cause an
appropriate sign to be placed at both ends of this bridge which
designates the bridge the "Corporal Jerry Lee Halpenny and PFC
Michael Alonzo Wells Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways, the members of Corporal Jerry Lee
Halpenny and PFC Michael Alonzo Wells families.
Referred to the Committee on Transportation.
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. 32--Requesting the Division of
Highways to erect a plaque dedicating the "Bowers Bridge", located
at Mannington in Marion County, to Herbert "Pete" Bonnell, Charles
Brumage, Clarence Roberts, Louie Starsick and Sam Hunter.
Whereas, The Bowers Bridge has faithfully served the citizens
of Marion County for many years; and
Whereas, The bridge, over time, came into substantial disrepair; and
Whereas, To effect repair or replacement of the bridge
required a substantial effort on the part of people in the
community; and
Whereas, The bridge has now been constructed and it is time to
recognize those persons most responsible for securing it; and
Whereas, Herbert "Pete" Bonnell, Charles Brumage, Clarence
Roberts, Louie Starsick and Sam Hunter were those persons who came
forward and led the effort by devoting many hours to the project;
and
Whereas, Those selfless men dedicated themselves to the
bridge, it is only appropriate that the new "Bowers Bridge" be
dedicated to them; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to erect a suitable plaque on the "Bowers Bridge" at Mannington,
Marion County, dedicating the bridge to Herbert "Pete" Bonnell,
Charles Brumage, Clarence Roberts, Louie Starsick and Sam Hunter,
without whose effort the bridge would never have been built; and,
be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the
Commissioner of Highways, Herbert "Pete" Bonnell, Charles Brumage,
Clarence Roberts, Louie Starsick and Sam Hunter, Mannington, West Virginia.
Referred to the Committee on Transportation.
Executive Communications
The Clerk then presented communications from His Excellency,
the Governor, advising that on February 25, 2004, he had approved
Enr. Committee Substitute for Senate Bill No. 251; and on February
27, 2004, he had approved Enr. House Bill No. 4348.
The Senate proceeded to the fourth order of business.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 186, Authorizing sale of venison in
restaurants.
And,
Senate Bill No. 631, Relating to state fertilizer law.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Larry J. Edgell,
Chair.
At the request of Senator Edgell, unanimous consent being
granted, the bills (S. B. Nos. 186 and 631) contained in the
preceding report from the Committee on Agriculture were each taken
up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 554, Continuing guardianship or
conservatorship of deceased protected persons.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 554 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §44A-4-5
of the code of West Virginia, 1931, as amended, relating to
continuing the guardianship or conservatorship of protected
persons; and continuing the authority of a guardian or conservator
for limited decisionmaking regarding the body of a deceased
protected person.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 554) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 569, Clarifying and preserving irrevocability
of certain trusts.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 569) 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 Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 588, Relating to contributions to government
employee deferred plans.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 588 (originating in the
Committee on Pensions)--A Bill to amend and reenact §5-10B-4 of the
code of West Virginia, 1931, as amended, relating to contributions to government employee deferred plans.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Evan H. Jenkins,
Chair.
At the request of Senator Jenkins, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 588) contained in the
preceding report from the Committee on Pensions was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 616 (originating in the
Committee on Natural Resources), Relating to environmental
protection advisory council.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 616 (originating
in the Committee on the Judiciary)--A Bill to amend and reenact
§22-1-9 of the code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-3-
33, all relating to the department of environmental protection
generally; increasing the membership of the environmental
protection advisory council; requiring that a meeting of the
advisory committee be called upon the written request of four
members; requiring that the council timely receive an agenda and
related materials for each meeting; allowing council members to
submit rule-making suggestions to the secretary for consideration;
establishing a new quality assurance and compliance advisory
committee; and authorizing the committee to review coal mining
permit procedures and processes.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 616)
contained in the preceding report from the Committee on the
Judiciary was taken up for immediate consideration, read a first
time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 633, Relating to electronic mail addresses
protected in higher education institutions; penalty.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 633) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 697, Delegating motor carrier inspector duties
to weight enforcement officers.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 697) 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 Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 723 (originating in the Committee on
Agriculture)--A Bill to amend the code of West Virginia, 1931, as
amended, by adding thereto a new article, designated §19-9B-1,
§19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7,
§19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13,
§19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18, §19-9B-19,
§19-9B-20, §19-9B-21, §19-9B-22 and §19-9B-23, all relating to
regulating the possession and sale of domestic and exotic animals;
creating animal health safety control board and technical advisory
committee; duties; rulemaking; jurisdiction of member agencies;
bonding requirements; requiring pet shop registration; requiring
recordkeeping; requiring possession permit to keep certain animals;
permitting requirements; exemptions; establishing care and
treatment requirements; requiring insurance; authorizing
inspections; seizing and quarantining animals; and establishing
penalties and fees.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Larry J. Edgell,
Chair.
At the request of Senator Edgell, unanimous consent being
granted, the bill (S. B. No. 723) contained in the preceding report
from the Committee on Agriculture was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Edgell, the bill was referred to the
Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 724 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §22-11-7b of the code of
West Virginia, 1931, as amended; to amend and reenact §22B-3-2 and
§22B-3-4 of said code, all relating to water quality standards
generally; transferring authority to propose rules relating to
water quality standards from the environmental quality board to the
department of environmental protection; providing that the current
rule remains in force and effect until amended by the department of
environmental protection; establishing some requirements for water
protection; providing that meetings to develop water quality
standards be open with certain exceptions; and continuing the
authority of the environmental quality board to issue remining
variances.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 724) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
The Senate proceeded to the sixth order of business.
Senator Bowman offered the following resolution:
Senate Concurrent Resolution No. 68--Requesting the Joint
Committee on Government and Finance study the grievance boards and
administrative law judge systems of the various agencies and boards
of state government and determine whether they should be reformed,
streamlined or consolidated.
Whereas, There are a number of employees, public officers or
contractors functioning as hearing officers, referees, trial
examiners and administrative law judges, or functioning in other
positions in state government, to whom the authority to conduct an
administrative adjudication has been delegated by an agency or by
statute and who exercise independent and impartial judgment in
conducting hearings and in issuing recommended decisions or reports
containing findings of fact and conclusions of law in accordance
with applicable statutes or rules; and
Whereas, Individual agencies may have different standards,
criteria and procedures for resolving grievances and appeals; and
Whereas, With the decline in revenues, the state needs to
develop governmental systems and procedures that are economical,
efficient and streamlined; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the grievance boards and administrative law
judge systems of the various agencies and boards of state
government and determine whether they should be reformed,
streamlined or consolidated; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2005, 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.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 46, Requesting Division of
Highways name portion of U. S. 52 from Taylorville Road to foot of Horsepen Mountain, Mingo County, "R. A. West Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 50, Requesting Division of
Highways name bridge connecting U. S. Route 60 East and Peyton
Street, Barboursville, Cabell County, "James G. Berry Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 53, Requesting Division of
Highways name bridge located at U. S. Route 2 and Nine Mile Road,
Cabell County, "David Rickey Carson Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 64, Requesting Joint
Committee on Government and Finance study transportation needs.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 65, Requesting Joint
Committee on Government and Finance study commercial property and
casualty insurance.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 66, Requesting Joint
Committee on Government and Finance study homeowners' insurance.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 67, Requesting Joint
Committee on Government and Finance study criminal penalties for
interference with medical treatment of railroad employees.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to
the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 230, Relating to
definitions of casualty insurance and federal flood insurance;
other provisions.
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, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 230) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 316, Providing procedures for determining
daily cost for certain inmates.
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, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 316) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2004.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 316) takes effect July 1, 2004.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 447, Relating to powers and
duties of municipal courts to collect certain moneys.
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, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 447) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 483, Relating to limited licenses to
practice medicine and surgery without license.
On third 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 third reading calendar.
Eng. Senate Bill No. 499, Relating to special hunting permit
for resident and nonresident disabled persons.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for Senate Bill No. 500, Relating to fees for
agents selling hunting and fishing licenses.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, White and Tomblin (Mr.
President)--32.
The nays were: Boley and Weeks--2.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 500) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 533, Authorizing division
of corrections charge certain adult offenders transfer application
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, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 533) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 573, Providing procedure for economic
development authority to address problems of state minorities.
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, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 573) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 590, Designating local
community criminal justice boards as home incarceration supervisor.
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, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 590) passed.
On motion of Senator Fanning, 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. Com. Sub. for Senate Bill 590--A Bill to amend and
reenact §62-11B-7a of the code of West Virginia, 1931, as amended,
relating to home incarceration supervisors; allowing a local
community criminal justice board to be designated as a home
incarceration supervisor; and prohibiting felons and persons that
have been guilty of infamous or notoriously disgraceful conduct or
who have been dismissed from public service for delinquency or
misconduct from being employed as or designated a home
incarceration supervisor.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4484, Allowing a limited license to
practice medicine and surgery without examination to an individual
appointed to a West Virginia medical school faculty who holds a
valid license to practice medicine and surgery from another
country.
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, Boley,
Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 4484) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman,
Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe,
Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White 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. 4484) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of
Eng. Senate Bill No. 483, Relating to limited licenses to
practice medicine and surgery without license.
On third 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 Health and Human Resources.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 28, Exempting certain personal
property from levy, forced sale, attachment or execution.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 34, Relating to fraudulent
credit card transactions; annual reports.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page two, section forty-six, by striking out everything after the section caption and inserting in lieu thereof the
following:
(a) A banking institution that acts as an intermediary between
a merchant bank and a bank issuing a credit card that is presented
to a person or entity licensed to do business in West Virginia and
engaged in card-not-present business activity may not charge the
West Virginia merchant more than two hundred fifty dollars for each
fraudulent card-not-present transaction, unless the banking
institution issuing the credit card cooperates in investigation of
the fraudulent credit card transaction and prosecutes criminal
charges against the person or persons involved in the credit card
fraud.
(b) A banking institution that acts as an intermediary between
a merchant bank and a bank issuing a credit card that is presented
to a person or other entity licensed to do business in West
Virginia may not charge rates for businesses engaged in credit card
sales by card-not-present service charges that are more than one
tenth of a percent greater than similar charges to merchants who
are engaged in credit card sales by card-not-present transactions
in other states.
(c) Any banking institution that acts as an intermediary
between a merchant bank and a bank issuing a credit card that is
presented to a person or entity that is licensed to do business in
West Virginia and is engaged in card-not-present business activity must provide the attorney general of West Virginia with an annual
report prior to the next regular session of the Legislature
relating to transactions involving fraudulent card-not-present
credit card sales by state businesses.
The bill (Com. Sub. for S. B. No. 34), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 67, Requiring agency, department
or board to submit statement of compliance to legislative auditor
within certain time.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 119, Enhancing criminal
penalties for obtaining money, property and services by false
pretenses from persons over certain age.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 149, Relating
generally to department of tax and revenue.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 161, Creating Model Health Plan
for Uninsurable Individuals Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 176, Relating to investments and
investment practices of insurance companies.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 229, Expanding counties covered by Route 2 and
Interstate 68 authority.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 260, Allowing design-build board
to be reimbursed for certain expenses.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 285, Allowing state-chartered banks to
organize as limited liability companies in certain cases.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Banking and Insurance, were reported by the Clerk, considered
simultaneously, and adopted:
On page fourteen, section one, line twelve, after the word
"chapter" by inserting a comma and the words "when the banking
institutions are chartered as limited liability companies";
On page fourteen, section one, line thirteen, by striking out
the word "shall";
On page fourteen, section one, lines fourteen and fifteen, by
striking out the words "be deemed to refer" and inserting in lieu
thereof the word "refers";
And,
On page seventeen, section five, line forty-seven, after the
word "Notwithstanding" by inserting the words "the provisions of".
The bill (S. B. No. 285), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 327, Authorizing department of
administration to promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 415, Relating to disposition of state surplus
property.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Government Organization, were reported by the Clerk and adopted:
On page four, section forty-five, line forty-two, after the
word "sale" by inserting the word "of";
On page four, section forty-five, line forty-four, by striking
out the words "described above";
And,
On page nine, section forty-five, line one hundred fifty-four, by striking out the words "In any case where" and inserting in lieu
thereof the word "Whenever".
The following amendments to the bill, from the Committee on
Finance, were next reported by the Clerk, considered
simultaneously, and adopted:
On page three, section forty-five, line thirty-seven, by
striking out the word "as" and inserting in lieu thereof the word
"that";
On page five, section forty-five, line sixty-five, by striking
out the word "must" and inserting in lieu thereof the word "shall";
On page five, section forty-five, line sixty-nine, by striking
out the word "such" and inserting in lieu thereof the words "fair
market";
And,
On page five, section forty-five, line seventy-six, by
striking out the word "thereto" and inserting in lieu thereof the
words "to the motor vehicle".
The bill (S. B. No. 415), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 431, Establishing
Interstate Insurance Product Regulation Compact.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 460, Relating to regulating surveyors and underground surveyors.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Ross, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page sixty-six, section thirty-six, by striking out the
section caption and inserting in lieu thereof a new section
caption, to read as follows:
§30-13A-36. Exemption from licensing and regulation.;
And,
On page sixty-six, section thirty-six, line one, after the
word "licensing" by inserting the words "and regulation".
The bill (Com. Sub. for S. B. No. 460), as amended, was then
ordered to engrossment and third reading.
Senate Bill No. 480, Exempting nonprofit licensed nursing
homes from registration under solicitation of charitable funds act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 512, Authorizing rules of higher education
policy commission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 516, Establishing eastern panhandle highway authority.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 549, Relating to abandoned motor
vehicles on private property.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 556, Exempting retailers of
automobiles and trucks from definition of credit services
organizations.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 558, Making misuse of power of attorney or
fiduciary relationship crime.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 565, Allowing game proceeds to
be transferred between raffle and bingo accounts.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 566, Establishing Unborn Victims
of Violence Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 596, Relating to powers and
duties of board of directors of state board of risk and insurance
management.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 605, Relating to child fatality review teams.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 638, Authorizing special license plate for
Davis & Elkins college.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Transportation, was reported by the Clerk and adopted:
On page forty, section fourteen, after line eight hundred
twenty-eight, by inserting a new subdivision, designated
subdivision (38), to read as follows:
(38) The division may issue special registration plates
recognizing and honoring breast cancer survivors.
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner to
recognize and honor breast cancer survivors, such plate to
incorporate somewhere in the design the "pink ribbon emblem", for
any number of vehicles titled in the name of the applicant.
(B) The division shall charge a special initial application
fee of ten dollars. This special fee is to compensate the division
of motor vehicles for additional costs and services required in the
division and deposited in a special revolving fund to be used for
the administration of this section.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
The bill (S. B. No. 638), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 649, Establishing Environmental Good Samaritan
Act.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Energy, Industry and Mining, were reported by the Clerk, considered
simultaneously, and adopted:
On page nine, section four, line nineteen, by striking out the
word "either";
On page nine, section four, line twenty-two, by striking out
the words "or otherwise" and inserting in lieu thereof the word
"and";
And,
On page ten, by striking out all of subdivision (1) and
inserting in lieu thereof a new subdivision (1), to read as follows:
"(1) Will result in the appropriate reclamation and regrading
of the land according to all applicable laws and regulations;".
The bill (S. B. No. 649), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 663, Prohibiting certain long-term care
facilities from soliciting residents for money or assets.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 673, Providing certain reporting requirements
of coal transported on public highways.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 686, Requiring certain firefighters and
security guards be members of national guard.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 694, Establishing Fairness in
Competitive Bidding Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 713, Expiring funds to unappropriated balance
of general revenue from board of risk and management, premium tax
savings fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 714, Expiring funds to unappropriated balance
of general revenue from insurance commission fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
At the request of Senator McKenzie, unanimous consent being
granted, the Senate returned to the consideration of
Eng. Com. Sub. for Senate Bill No. 694, Establishing Fairness
in Competitive Bidding Act.
Now on third reading, having been read a second time and
ordered to engrossment and third reading in earlier proceedings
today.
Senator McKenzie requested unanimous consent that the bill be
returned to second reading and the amendment stage.
Which consent was not granted, Senator Ross objecting.
Senator McKenzie then moved that the bill be returned to
second reading and the amendment stage.
The question being on the adoption of Senator McKenzie's
aforestated motion, the same was put.
The result of the voice vote being inconclusive, Senator Ross
demanded a division of the vote.
A standing vote being taken, there were nineteen "yeas" and
twelve "nays".
Whereupon, the President declared Senator McKenzie's
aforestated motion had prevailed.
Thereafter, Engrossed Committee Substitute for Senate Bill No.
694 was returned to second reading and the amendment stage.
Senator McKenzie moved that the bill be advanced to third
reading with the right for amendments to be considered on that
reading.
The question being on the adoption of Senator McKenzie's
aforestated motion, the same was put.
The result of the voice vote being inconclusive, Senator
Bowman demanded a division of the vote.
A standing vote being taken, there were thirteen "yeas" and
nineteen "nays".
Whereupon, the President declared Senator McKenzie's
aforestated motion had not prevailed.
There being no amendments offered,
Committee Substitute for Senate Bill No. 694 was again ordered
to engrossment and third reading.
The Senate then resumed consideration of its second reading
calendar, the next bill coming up in numerical sequence being
Senate Bill No. 715, Expiring funds to unappropriated balance
of general revenue from public service commission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 716, Allowing attorney general to retain
additional funding for antitrust enforcement fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 717, Terminating agencies following full
performance evaluations.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 718, Authorizing board of examiners of
psychologists set fees by rule.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 719, Increasing tax on providers of nursing
facility services.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 720, Relating to unused state private activity
bond volume cap.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 722, Repealing section prohibiting giving away
or selling liquor in buildings where boxing is held.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. House Bill No. 4286, Repealing the section of the code
relating to coverage for alcoholic treatment because it is
superseded by another part of the code.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4449, Allowing both residents and
nonresidents to apply for and obtain a Class Q permit for disabled
persons.
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:
Com. Sub. for Senate Bill No. 58, Relating to commercial
prisons.
Com. Sub. for Senate Bill No. 121, Expanding powers of
investment management board; other provisions.
Com. Sub. for Senate Bill No. 139, Creating Tourism
Development Act.
Com. Sub. for Com. Sub. for Senate Bill No. 143, Relating to
small employer accident and sickness insurance policies.
Com. Sub. for Com. Sub. for Senate Bill No. 221, Establishing
Public-Private Transportation Facilities Act of 2004.
Com. Sub. for Senate Bill No. 350, Authorizing bureau of commerce to promulgate legislative rules.
Com. Sub. for Senate Bill No. 399, Authorizing miscellaneous
boards and agencies to promulgate legislative rules.
Com. Sub. for Com. Sub. for Senate Bill No. 408, Relating to
growth county school facilities act.
Senate Bill No. 418, Allowing certain sheriff employees to
carry deadly weapons.
Senate Bill No. 510, Relating to commission on uniform state
laws.
Com. Sub. for Com. Sub. for Senate Bill No. 551, Allowing
alcohol beverage control commissioner to revoke or suspend wine
licenses; other provisions.
Senate Bill No. 636, Relating to employment of members of
teachers defined benefit retirement system.
Senate Bill No. 651, Precluding use of privately retained
prosecutors or assistant prosecutors.
Senate Bill No. 671, Clarifying appeal bond procedures
relating to master tobacco settlement.
Com. Sub. for Senate Bill No. 672, Relating to municipalities'
right to collect public utility fees.
Com. Sub. for Senate Bill No. 675, Relating to outdoor
advertising revenues.
Com. Sub. for Senate Bill No. 705, Removing personal use
exception for criminal offense of manufacturing controlled substance.
And,
Senate Bill No. 721, Relating to centers for economic
development and technology advancement.
At the request of Senator Hunter, and by unanimous consent,
the Senate returned to the sixth order of business.
Petitions
Senator Hunter presented a petition from Larry Baxter and
numerous Greenbrier County residents, supporting Engrossed
Committee Substitute for Senate Bill No. 271 (Relating to racial
profiling data collection), Senate Bill No. 272 (Creating state
police review board), House Bill No. 4125 (Creating a state police
review board to hear complaints against state police personnel) and
House Bill No. 4126 (Requiring racial profiling data collection by
law-enforcement officers and agencies each time a motorist is
stopped for an alleged violation of the law).
Referred to the Committee on the Judiciary.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 315, Creating mental hygiene pilot program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 315 (originating in the
Committee on Health and Human Resources)--A Bill to amend the code
of West Virginia, 1931, as amended, by adding thereto a new
section, designated §27-5-11, relating to creating a mental hygiene
pilot program.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 315) contained in the
preceding report from the Committee on Health and Human Resources
was taken up for immediate consideration, read a first time and
ordered to second reading.
On motion of Senator Prezioso, the bill was referred to the
Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 708, Providing for enforcement of laws
relating to manicuring and aesthetician salons.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (S. B. No. 708) contained in the preceding report
from the Committee on Health and Human Resources was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Health and Human Resources pending.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5:30
p.m. today.