(CLERK'S NOTE: SEE PRINTED JOURNAL FOR OFFICIAL VERSION)
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2005
FORTY-SECOND DAY
____________
Charleston, W. Va., Tuesday, March 22, 2005
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Tom Clark, Director, West
Virginia United Methodist Volunteers in Mission, Summersville, West
Virginia.
Pending the reading of the Journal of Monday, March 21, 2005,
On motion of Senator Kessler, 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2783--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §18-10B-10, relating to vocational rehabilitation
facilities; authorizing rental of vocational rehabilitation
facilities by school groups or other youth or civic organizations;
and providing that rental revenue be used to defray the cost,
maintenance and replacement of recreational equipment and
facilities.
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. House Bill No. 2837--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-2-7c, relating to prescribing personal finance
instruction in secondary schools by the State Board of Education.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2936--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §30-4C-1, §30-4C-2, §30-4C-3, §30-4C-4 and §30-
4C-5, all relating to the regulation of advertising by dentists.
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. 3018--A Bill to amend and reenact §15-1B-
24 of the Code of West Virginia, 1931, as amended; and to amend and
reenact §18-2-6 of said code, all relating to designation of
Mountaineer Challenge Academy as special alternative education
program; providing for state board rule and minimum provisions;
application limited to Academy consent; making additional findings
and stating intent; making applicable references; and updating
terms.
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. 38--Requesting the executive
department to establish a coordinated succession planning process which includes components providing opportunities to correct the
existing systemwide gender pay disparity among state employees.
Whereas, The Pay Equity Study of West Virginia State Employees
commissioned by the Legislature and concluded in February, 2000,
determined that there was a significant pattern of inequitable pay
for female job classes within state government; and
Whereas, Over the past three years, the Legislature has
appropriated $700,000 which, in conjunction with federal matching
funds, has resulted in $1.7 million in gender pay equity salary
increases; and
Whereas, The Division of Personnel, at the request of the
Equal Pay Commission, reevaluated the Pay Equity Study using
current salaries, tenure, job classifications and turnover rates
and concluded that while some progress has been made, the state
still has a way to go; and
Whereas, A systemwide gender pay disparity may be corrected by
salary adjustment, by moving women into higher paying positions or
a combination of both; and
Whereas, A 2002 study by the West Virginia University
Institute for Public Affairs found that women state employees are
concentrated in lower-paid, lower echelon positions across state
government agencies and that women's employment is concentrated in
agencies which provide services and funding for children and the poor which traditionally pay less than other agencies and women are
largely under-represented in administrative and managerial
positions; and
Whereas, Currently, the top half of the state's workforce is
devoid of female-dominated positions and women are largely
under-represented in administrative and managerial positions; and
Whereas, Within the next 10 years, over 42 percent of state
employees will retire or will qualify to retire, many in
professional and management positions; and
Whereas, The magnitude of upcoming state employee retirements
will result in the loss of significant institutional knowledge and
may result in certain agencies experiencing employee shortages
especially in currently difficult-to-fill positions; and
Whereas, The retirement of state employees also presents a
unique opportunity to address gender pay disparity; and
Whereas, The Equal Pay Commission has found that the level of
knowledge and planning for the upcoming retirements of state
employees varies significantly among executive agencies; therefore,
be it
Resolved by the Legislature of West Virginia:
That the executive department is requested to establish a
coordinated succession planning process which includes components
providing opportunities to correct the existing systemwide gender pay disparity among state employees; and, be it
Further Resolved, That the Equal Pay Commission be provided
with reports of all succession planning activities; and, be it
Further Resolved, That a copy of this resolution be
transmitted to the Director of the Division of Personnel.
Referred to the Committee on Government Organization.
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. 43--Requesting the State of
West Virginia and the United States federal government to fully
recognize that the counties of Berkeley and Jefferson in the State
of West Virginia are part of the beautiful and historic Shenandoah
Valley.
Whereas, The State of West Virginia was part of the State of
Virginia until June 20, 1863, and the counties of Berkeley and
Jefferson were not officially added into the new state until 1872
upon the ruling of the United States Supreme Court. This ruling
split the Shenandoah Valley into two sections, with the two
counties just mentioned being now part of West Virginia and part of
a political arm called the "Eastern Panhandle"; and
Whereas, The geographical landscape of the Shenandoah Valley
is as follows: Beginning at the Potomac River that forms the northern boundary along Berkeley and Jefferson counties and
continuing southwestward to the southern boundary near the city of
Roanoke, Virginia. The Valley is flanked to the east by the Blue
Ridge Mountains (in eastern Jefferson County, West Virginia) and to
the west by the Allegheny Mountains (in western Berkeley County,
West Virginia). The Shenandoah River flows northward and empties
into the Potomac River at Harper's Ferry, West Virginia. To break
down the Valley into two parts: The Upper Shenandoah Valley is
located southward because of a high elevation and the Lower
Shenandoah Valley is located northward because of a low elevation;
and
Whereas, The historical landscape of Berkeley and Jefferson
counties is a storybook land full of famous patriots and people,
wars and great events that made it into the history books. Both
counties are rich in legend and lore. This is where the Great
Wagon Road (later called the Valley Turnpike) provided travel for
Indians, the earliest pioneers and Revolutionary and Civil War
soldiers. The entire Valley was known as the "Breadbasket of the
Confederacy" because of its richness in fertile soils that sustain
life for farms and orchards. The following is a brief look at the
history of the counties of Berkeley and Jefferson: From George
Washington and Thomas Jefferson to Morgan Morgan, from
Revolutionary War Generals William Darke, Horatio Gates, Charles Lee, Daniel Morgan and General Adam Stephen to the famous Bee Line
March and the oldest continuous 1735 United States Military Unit
still in existence; and
Whereas, From the birthplace of United States President Andrew
Jackson and the marriage of United States President James and Dolly
Madison to Davy Crockett who worked on a local farm to James
Rumsey, inventor of the steamboat. From John Brown and Robert E.
Lee, "Stonewall" Jackson and J. E. B. Stuart, Turner Ashby and the
Gray Ghost and Confederate Spy, Belle Boyd, to the Battle of
Falling Waters--the first engagement in the Shenandoah Valley and
first cavalry action of the Civil War. From the 1862 Battle of
Harpers Ferry to the Jackson Valley Campaign to Philip Sheridan's
successful Union Valley Campaign. From David Hunter and David
Hunter Strother (Pen name "Porte Crayon") to Martin Robinson
Delaney, the highest ranking black officer in the Civil War. From
the B & O roundhouses (landmarks in 20th century industrial
architecture that replaced buildings destroyed in a famous Civil
War raid by Jackson) to the first rural free delivery in America
(begun by United States Postmaster General William L. Wilson, a son
of Jefferson County) and Washington Family homes to the birth of
Harry Flood Byrd, Senator and Governor of Virginia, from baseball
player Hack Wilson and WWI Secretary of the War Newton D. Baker to
the Legend of Wizard Clip and famous western artist William Robinson Leigh, a Berkeley County native. From the city of
Martinsburg, "Northern Gateway to the Shenandoah Valley" and at one
time known as "Queen City", to the famous Apple Pie Ridge and the
first Apple Carnival Event held in 1909. From Apple Blossom to
Apple Harvest . . . . This is the "Cradle of America"; therefore,
be it
Resolved by the Legislature of West Virginia:
That in 1996 the United States Congress established the
"Shenandoah Valley Battlefields National Historic District and
Commission" and Berkeley and Jefferson Counties, West Virginia,
were not included to be a part of the program or to obtain any
funds; and, be it
Further Resolved, That Berkeley and Jefferson counties, West
Virginia, should be eligible to become part of the "Shenandoah
Valley Battlefields National Historic District and Commission" and
be eligible for any other federal programs that are available for
the Shenandoah Valley; 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
President of the United States; to West Virginia's delegation in
Congress; to the Governor of West Virginia; to the mayors and city
councils of Bolivar, Charles Town, Harpers Ferry, Hedgesville,
Martinsburg, Ranson and Shepherdstown; and to the county commissioners of Berkeley and Jefferson counties, West Virginia.
Referred to the Committee on Government Organization.
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. 44--Requesting that the Joint
Committee on Government and Finance study alternatives to out-of-
state placement of children committed to the care of the State of
West Virginia.
Whereas, The children placed in the care of the State of West
Virginia are an important responsibility of state government; and
Whereas, The treatment, care, rehabilitation and education of
such children should be delivered in a clinically successful and
cost-effective manner; and
Whereas, Hundreds of children in the care of the State of West
Virginia are placed in out-of-state institutions and programs that
often prove costly; and
Whereas, The current annual cost of out-of-state placement is
in excess of twenty million dollars; and
Whereas, The out-of-state placements are frequently a
considerable distance from the families, friends, neighbors and
communities of the children; and
Whereas, The Legislature has passed numerous acts attempting to reduce the practice of placing children in out-of-state
facilities or institutions and to reduce the cost of such
placements, but said acts have not had the intended effect;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is
requested to study the current practices of out-of-state child
placement and determine alternatives to such placement and the
feasibility of returning those children to the care of the State of
West Virginia programs; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is requested to study the current statutes, rules or
regulations regarding the placement of children and determine
whether they are effective, being properly followed or enforced or
if they incorporate the most beneficial strategies, methods and
services to serve the children placed in the care of the state, and
to compare current practices in this state with successful models
in other jurisdictions; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is requested to determine whether current programs in West
Virginia place sufficient emphasis on bringing children in the care
of the state to permanency by returning them to their custodial
families or achieving adoptions; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is requested to also study programs and methodologies
designed to reduce the length of stays in child placement programs
and achieve definable benchmarks of progress that lead more rapidly
to permanent placements; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is requested to determine whether the total amount of state
dollars spent on services for children in the care of the state
could be spent more effectively and efficiently; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is requested to report on its findings, conclusions and
recommendations, together with drafts of any legislation necessary
to effectuate its recommendations, to the next regular session of
the Legislature, and, be it
Further Resolved, That the expenses necessary to carry out its
duties, to prepare a report and to draft necessary legislation be
paid from the legislative appropriations to the Joint Committee on
Government and Finance.
Referred to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 22nd day of March, 2005, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 146), Establishing Unborn Victims of Violence Act.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 455, Relating to financing of environmental
control activities by certain electrical utilities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 455 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§24-2-4e; and to amend and reenact §46-9-109 of said code, all
relating generally to the financing of environmental control
activities by certain qualified electric utilities through the issuance of environmental control bonds.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
Senators Oliverio, Hunter, Dempsey, Bowman, McCabe, Sharpe,
Boley, Foster, Barnes, Facemyer, Kessler, Minear, Prezioso,
Sprouse, Unger and Tomblin (Mr. President) offered the following
resolution:
Senate Resolution No. 24--Designating March 22, 2005, as "West
Virginia University Day".
Whereas, West Virginia University is the state's flagship
institution of higher education and the only such institution in
the state classified as Doctoral/Research-Extensive by the Carnegie
Foundation; and
Whereas, West Virginia University educates nearly 31,500
students at campus locations in Morgantown, Keyser, Parkersburg,
Montgomery and Charleston and offers degrees at the associate,
baccalaureate, master's and doctoral levels; and
Whereas, Enrollment at West Virginia University has reached
record levels, while grade point averages and standardized test
scores of incoming students have simultaneously increased; and
Whereas, Nearly 40 percent of the state's new PROMISE
Scholarship recipients chose to attend West Virginia University
this academic year; and
Whereas, West Virginia University is the anchor of the state's
research capacity, bringing nearly $1 billion into the state over
the past 10 years and accounting for nearly 90 percent of the
external dollars brought into West Virginia by higher education;
and
Whereas, With every dollar the state invests in West Virginia
University, the University generates at least $10 spent in the West
Virginia economy; and
Whereas, West Virginia University is building a national
reputation for research in biometrics, forensics, nanotechnology,
neuroscience, biotechnology, alternative fuels, cancer and other
fields; and
Whereas, West Virginia University's externally funded research
supports approximately 600-800 jobs annually; and
Whereas, West Virginia University Extension Service offices in
every county serve more than 130,000 state citizens a year; and
Whereas, West Virginia University health professionals serve
more than 250,000 people each year; and
Whereas, West Virginia University's four health sciences
schools train hundreds of West Virginians to serve as doctors, dentists, nurses, pharmacists, therapists and health technicians;
and
Whereas, West Virginia University alumni number nearly 150,000
around the world; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 22, 2005, as "West
Virginia University Day"; and, be it
Further Resolved, That the Senate hereby recognizes West
Virginia University for its tremendous contributions to the State
of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to David C. Hardesty, Jr., President of
West Virginia University.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 59, Requesting Joint
Committee on Government and Finance study providing low-cost spay
and neuter programs.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 60, Requesting Congress
provide funding for double-stack rail route in West Virginia in
effort to improve access to affordable rail and truck
transportation.
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. 61, Requesting Joint
Committee on Government and Finance study intermodal transportation
in state.
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. 30, Discontinuing use of
prior approval system of insurance rate and form filing; 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, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 30) 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. 31, Requiring Chief
Technology Officer maintain cross index of forms used by state
agencies.
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,
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 present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 31) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Com. Sub. for Senate Bill No. 147, Creating
Methamphetamine Laboratory Eradication Act.
On third reading, coming up in regular order, with Senator
Oliverio's amendment pending, and the right having been granted on
Friday, March 18, 2005, for amendments to be received on third
reading, was reported by the Clerk.
On motion of Senator Oliverio, the following pending amendment
to the bill was again reported by the Clerk and adopted:
On page thirty-one, section six, line four, by striking out
the word "pharmacy,".
On motion of Senator Sprouse, the following amendment to the
bill was next reported by the Clerk:
On page forty-one, after section fourteen, by inserting a new section, designated section fifteen, to read as follows:
§60A-10-15. Manufacture of methamphetamine near school; penalties.
Any person who shall knowingly manufacture or attempt to
manufacture methamphetamine at a location within one thousand feet
of a school shall be guilty of a felony and, upon conviction
thereof, shall be confined in a correctional facility for not less
than five nor more than twenty years or fined not more than twenty-
five thousand dollars, or both.
Following discussion,
The question being on the adoption of Senator Sprouse's
amendment to the bill, and on this question, Senator Sprouse
demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Deem, Facemyer, Foster, Guills, Harrison, Lanham, Love, McCabe,
McKenzie, Minear, Oliverio, Sprouse, Weeks and Yoder--17.
The nays were: Bailey, Bowman, Chafin, Dempsey, Edgell,
Fanning, Helmick, Hunter, Jenkins, Kessler, Minard, Plymale,
Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--17.
Absent: None.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Sprouse's amendment
to the bill (Com. Sub. for Com. Sub. for S. B. No. 147) rejected on
a tie vote.
On motion of Senator Sprouse, the following amendment to the
bill was next reported by the Clerk:
On page thirty-six, after section twelve, by inserting a new
section, designated section twelve-a, to read as follows:
§60A-10-12a. Exposure of first responders to manufacture of
methamphetamine; penalties.
Any person who unlawfully and intentionally manufactures or
attempts to manufacture methamphetamine, and a police officer,
probation officer, humane officer, emergency medical service
personnel, firefighter, state fire marshal or employee, division of
forestry employee, county correctional employee or state
correctional employee, acting in his or her official capacity,
ingests, inhales or is dermally exposed to a chemical, product, by-
product, residue or substance involved in the manufacture or
attempted manufacture of such controlled substance, without prior
knowledge of such, which causes bodily injury to such person, shall
be guilty of a felony and, upon conviction thereof, shall be fined
not less than five hundred nor more than five thousand dollars and
committed to the custody of the Division of Corrections for not
less than one year nor more than five years.
The question being on the adoption of Senator Sprouse's
amendment to the bill, and on this question, Senator Sprouse
demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Caruth,
Deem, Facemyer, Foster, Guills, Harrison, Lanham, McKenzie, Minear,
Oliverio, Sprouse, Weeks and Yoder--15.
The nays were: Bailey, Bowman, Chafin, Dempsey, Edgell,
Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard,
Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr.
President)--19.
Absent: None.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Sprouse's amendment
to the bill (Com. Sub. for Com. Sub. for S. B. No. 147) rejected.
On motion of Senator Sprouse, the following amendment to the
bill was next reported by the Clerk:
On pages twenty-five through twenty-nine, by striking out all
of section four and inserting in lieu thereof a new section four,
to read as follows:
§60A-10-4. Purchase, receipt, acquisition and possession of
substances to be used as precursor to manufacture of
methamphetamine or another controlled substance; offenses;
exceptions; penalties.
(a) Any person who, within any thirty-day period, knowingly
purchases, receives or otherwise possesses more than three packages
of a drug product containing as its single active ingredient ephedrine, pseudoephedrine or phenylpropenolamine or more than nine
grams of ephedrine, pseudoephedrine or phenylpropenolamine in any
form shall be guilty of a misdemeanor and, upon conviction thereof,
shall be confined in a regional jail for not more than one year or
fined not more than one thousand dollars, or both: Provided, That
should such purchase, receipt or possession occur within one
thousand feet of a school, then such person shall be guilty of
felony and, upon conviction thereof, shall be confined in a
correctional facility for not less than one nor more than five
years.
(b) Notwithstanding the provisions of subsection (a) of this
section, any person convicted of a second or subsequent violation
of the provisions of said subsection or a statute or ordinance of
the United States or another state which contains the same
essential elements shall be guilty of a felony and, upon conviction
thereof, shall be confined in a correctional facility for not less
than two nor more than ten years or fined not more than twenty-
five thousand dollars, or both.
(c) The provisions of subsection (a) of this section shall not
apply to:
(1) Drug products which are for pediatric use primarily
intended for administration to children under the age of twelve;
(2) Drug products which have been determined by the Board of Pharmacy to be in a form which is unamenable to being used for the
manufacture of methamphetamine;
(3) Persons lawfully possessing drug products in their
capacities as distributors, wholesalers, manufacturers,
pharmacists, licensed pharmacy technicians, health care
professionals or persons possessing such drug products pursuant to
a valid prescription.
(d) Notwithstanding any provision of this code to the
contrary, any person who knowingly possesses any amount of
ephedrine, pseudoephedrine, phenylpropanolamine or other designated
precursor with the intent to use it in the manufacture of
methamphetamine or who knowingly possesses a substance containing
ephedrine, pseudoephedrine or phenylpropanolamine or their salts,
optical isomers or salts of optical isomers in a state or form
which is, or has been, altered or converted from the state or form
in which these chemicals are, or were, commercially distributed
shall be guilty of a felony and, upon conviction thereof, shall be
confined in a correctional facility for not less than five nor more
than twenty years or fined not more than twenty-five thousand
dollars, or both.
(e) (1) Any pharmacy, wholesaler, manufacturer or distributor
of drug products containing as their single active ingredient
ephedrine, pseudoephedrine, phenlypropanolamine, their salts or optical isomers or salts of optical isomers or other designated
precursor shall obtain a registration annually from the State Board
of Pharmacy as described in section six of this article. Any such
pharmacy, wholesaler, manufacturer or distributor shall keep
complete records of all sales and transactions as provided in
section eight of this article. The records shall be gathered and
maintained pursuant to legislative rule promulgated by the Board of
Pharmacy.
(2) Any drug products possessed without a registration as
provided in this section are subject to forfeiture upon conviction
for a violation of this section.
(3) In addition to any administrative penalties provided by
law, any violation of this subsection is a misdemeanor, punishable
upon conviction by a fine in an amount not more than ten thousand
dollars.
The question being on the adoption of Senator Sprouse's
amendment to the bill, and on this question, Senator Sprouse
demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Deem,
Foster, Guills, Harrison, McKenzie, Minear, Sprouse and Weeks--10.
The nays were: Bailey, Bowman, Caruth, Chafin, Dempsey,
Edgell, Facemyer, Fanning, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White, Yoder and Tomblin (Mr. President)--24.
Absent: None.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Sprouse's amendment
to the bill (Com. Sub. for Com. Sub. for S. B. No. 147) rejected.
On motion of Senator Kessler, the following amendment to bill
was next reported by the Clerk and adopted:
On page fifteen, section three hundred eight, lines thirty-
eight through forty-four, by striking out all of paragraph (B) and
inserting in lieu thereof a new paragraph (B), to read as follows:
(B) Any person purchasing, receiving or otherwise acquiring
any such substance shall produce a photographic identification
issued by a state or federal governmental entity reflecting his or
her date of birth.
The bill, as just amended, was then ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 147 was then read a third time and put upon its
passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 147) 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 Com. Sub. for Senate Bill No. 191, Relating
to implementation of modified mental hygiene procedures.
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 Com. Sub. for S. B. No. 191) 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.
Com. Sub. for Com. Sub. for S. B. No. 191) takes effect from
passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 288, Authorizing rental of vocational
rehabilitation facilities by school groups or certain other
organizations.
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. Senate Bill No. 467, Authorizing Director of Division of
Protective Services assess, charge and collect fees.
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, 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: Deem--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. 467) passed.
The following amendment to the title of the bill, from the
Committee on Finance, 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. Senate Bill No. 467--A Bill to amend and reenact §15-2D-7
of the Code of West Virginia, 1931, as amended, relating to
authorizing the Director of the Division of Protective Services to
assess, charge and collect fees from state spending units and private entities for the direct cost and expenses of safety and
security services; and defining expenses.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, 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: Deem--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. 467) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 498, Clarifying
responsibility of Prosecuting Attorneys Institute; other
provisions.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Bowman, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:
On pages nine and ten, by striking out all of section six-a
and inserting in lieu thereof a new section six-a, to read as
follows:
§7-4-6a. West Virginia Prosecuting Attorneys Institute continued.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia Prosecuting Attorneys Institute shall
continue to exist until the first day of July, two thousand eight,
unless sooner terminated, continued or reestablished.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 498 was
then read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 498) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
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 S. B. No. 498) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 582, Granting concurrent jurisdiction to
family court and circuit court to set support in abuse and neglect
cases.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 582) 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. 583, Relating to appealing orders from
family court to circuit court.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 583) 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. 584, Allowing Bureau for Child Support
Enforcement enter orders for modification of child support amounts.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 584) 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. 585, Allowing disclosure of juvenile
records in certain cases.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 585) 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. 604, Establishing method for projecting
increase in net enrollment for each school district.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 605 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 604) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 604) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Edgell, and by unanimous
consent, the remarks by Senator Plymale as to the passage of
Engrossed Senate Bill No. 604 were ordered printed in the Appendix
to the Journal.
Eng. House Bill No. 2510, Allowing public sector moneys to be
used to satisfy the matching requirements of the workforce initiative in certain circumstances.
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. 2510) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2666, Continuation of the Department of
Health and Human Resources.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Bowman, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following
amendment to the bill was reported by the Clerk and adopted:
On page one, by striking out everything after the article
heading and inserting in lieu thereof the following:
§9-2-1a. Department of Health and Human Resources continued.
The Department of Health and Human Resources shall be charged
with the administration of this chapter. Pursuant to the provisions
of article ten, chapter four of this code, the Department of Health
and Human Resources shall continue to exist until the first day of
July, two thousand six, unless sooner terminated, continued or
reestablished.
Having been engrossed, the bill (Eng. H. B. No. 2666), as just
amended, 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. 2666) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
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. 2666) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2667, Continuation of the West Virginia
Commission for the Deaf and Hard-of-Hearing.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Bowman, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following
amendment to the bill was reported by the Clerk and adopted:
On page one, by striking out everything after the article
heading and inserting in lieu thereof the following:
§5-14-12
. West Virginia Commission for the Deaf and Hard-of-Hearing
continued.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia Commission for the Deaf and Hard-of-
Hearing shall continue to exist until the first day of July, two
thousand nine, unless sooner terminated, continued or
reestablished.
Having been engrossed, the bill (Eng. H. B. No. 2667), as just
amended, 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. 2667) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
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. 2667) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2846, Continuation of the Real Estate
Appraiser Licensing and Certification Board.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Bowman, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following
amendment to the bill was reported by the Clerk and adopted:
On page one, by striking out everything after the article
heading and inserting in lieu thereof the following:
§30-38-19. Real Estate Appraiser Licensing and Certification Board
continued.
Pursuant to the provisions of article ten, chapter four of
this code, the Real Estate Appraiser Licensing and Certification
Board shall continue to exist until the first day of July, two
thousand thirteen, unless sooner terminated, continued or
reestablished.
Having been engrossed, the bill (Eng. H. B. No. 2846), as just
amended, 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. 2846) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
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. 2846) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2892, Continuation of the Bureau for Child
Support Enforcement.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Bowman, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following
amendment to the bill was reported by the Clerk and adopted:
On page one, by striking out everything after the article
heading and inserting in lieu thereof the following:
§48-18-134. Bureau for Child Support Enforcement continued.
Pursuant to the provisions of article ten, chapter four of
this code, the Bureau for Child Support Enforcement shall continue
to exist until the first day of July, two thousand ten, unless sooner terminated, continued or reestablished.
Having been engrossed, the bill (Eng. H. B. No. 2892), as just
amended, 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. 2892) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
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. 2892) takes effect July 1, 2005.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2893, Continuation of the James "Tiger"
Morton Catastrophic Illness Commission.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Bowman, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Bowman, the following
amendment to the bill was reported by the Clerk and adopted:
On page one, by striking out everything after the article
heading and inserting in lieu thereof the following:
§16-5Q-3. James "Tiger" Morton Catastrophic Illness Commission
continued.
Pursuant to the provisions of article ten, chapter four of
this code, the James "Tiger" Morton Catastrophic Illness Commission
shall continue to exist until the first day of July, two thousand
eight, unless sooner terminated, continued or reestablished.
Having been engrossed, the bill (Eng. H. B. No. 2893), as just
amended, 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. 2893) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2005.
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. 2893) takes effect July 1, 2005.
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.
Senate Bill No. 253, Permitting Insurance Commissioner waive
or reduce penalty for late filing of tax returns.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 254, Relating to reinsurance intermediaries.
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 six, section three, lines twelve and thirteen, by
striking out the words "an article" and inserting in lieu thereof
the words "a law";
On page six, section three, line thirteen, by striking out the
word "law" and inserting in lieu thereof the word "article";
On page twelve, section three-a, lines fifty-six and fifty-
seven, by striking out the word "twenty-nine" and inserting in lieu
thereof the word "twenty-nine-a";
And,
On page fourteen, section thirteen, line fourteen, by striking out the words "of a bond or" and inserting in lieu thereof the
words "a bond or an".
The following amendments to the bill, from the Committee on
Finance, were next reported by the Clerk, considered
simultaneously, and adopted:
On page eleven, section three-a, line forty-five, after the
word "state" by inserting the words "or acting as a reinsurance
intermediary in this state but which is not licensed";
And,
On page twelve, section three-a, line forty-eight, after the
word "fees." by striking out the remainder of the subsection.
The bill (S. B. No. 254), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 456, Relating to cure offer from
merchant or seller to consumer.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 239, Creating Flood Protective
Planning Act.
Com. Sub. for Senate Bill No. 353, Authorizing Department of Transportation promulgate legislative rules.
Senate Bill No. 406, Establishing Uniform Environmental
Covenants Act.
Com. Sub. for Senate Bill No. 418, Providing insurance reform
by expanding and providing funding and expanded powers for Office
of Consumer Advocacy.
Senate Bill No. 421, Relating to apportionment of damages in
court actions involving tortious conduct in certain cases.
Senate Bill No. 492, Relating to claims against state.
Com. Sub. for Senate Bill No. 505, Creating Indigent Defense
Commission.
Senate Bill No. 616, Relating to priority of legislative
business for members and certain employees of Legislature.
And,
Eng. House Bill No. 2333, Establishing a program to encourage
voluntary reclamation of lands adversely affected by mining
activities.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 504, Relating to high-tech research zones,
parks and technology centers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 504 (originating in the
Committee on Economic Development)--
A Bill to amend and reenact
§18B-13-4 of the Code of West Virginia, 1931, as amended, relating
to technical changes concerning high-tech research zones, parks and
technology centers; and tax incentives relating thereto.
With the recommendation that the committee substitute do pass;
but under the original triple committee reference first be referred
to the Committee on Education; and then to the Committee on
Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 504) contained in the
preceding report from the Committee on Economic Development was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original triple committee reference,
was referred to the Committee on Education; and then to the
Committee on Finance.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 513, Relating to tax credits for qualified
centers for economic development and technology advancement.
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,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original double committee reference, was
then 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 Bill No. 647, Requiring certain applicants for
instructional permit for motor vehicle pay additional fee; organ
donor.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 700, Creating Community Infrastructure
Investment Program.
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,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original double committee reference, was
then 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. 39, Petitioning Congress to
allow variance to gross vehicle weight limit of coal trucks for
approximately six miles of Interstate 77 between Marmet and
Chelyan, West Virginia.
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators White, Sprouse, Plymale and
Hunter.
Thereafter, at the request of Senator Hunter, and by unanimous
consent, the remarks by Senator White 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 recessed until 5 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 21, 2005, he had approved Enr.
House Bill No. 2483.
The Senate again proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 227, Exempting motor vehicle owned by resident
on active duty from ad valorem taxes.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 227 (originating in the
Committee on Finance)--A Bill to amend and reenact §11-5-1 of the
Code of West Virginia, 1931, as amended, relating to exempting one
motor vehicle owned by a resident of this state on active duty in
the United States military from ad valorem taxes for any taxable
year the person is on active duty.
And,
Senate Bill No. 427, Relating to health maintenance
organizations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 427 (originating in the
Committee on Finance)--A Bill to repeal §33-25A-24a, §33-25A-24b,
§33-25A-29 and §33-25A-30 of the Code of West Virginia, 1931, as
amended; to amend and reenact §33-25A-3a, §33-25A-12, §33-25A-14,
§33-25A-17, §33-25A-22, §33-25A-23 and §33-25A-24 of said code; to
amend said code by adding thereto a new section, designated
§33-25A-14a; and to amend and reenact §33-40-1, §33-40-2, §33-40-3,
§33-40-6 and §33-40-7 of said code, all relating to health
maintenance organizations; eliminating the requirement that a
health maintenance organization be incorporated in this state in
order to obtain a certificate of authority; eliminating the
requirement of annual application for renewal of certificates of
authority; increasing the time copies of grievances must be
retained; permitting health status to be a basis for underwriting
individual policies; changing the period in which examinations must
be performed by the Commissioner from three to five years;
increasing the filing fee for annual reports; correcting a
reference; clarifying scope of Commissioner's powers in performing
examinations; clarifying that Insurance Fraud Prevention Act
applies to health maintenance organizations; defining terms; and
subjecting health maintenance organizations to risk-based capital
requirements.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 290, Requiring uniforms for students.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 290 (originating in the
Committee on Education)--A Bill to amend and reenact §18-2-35 of
the Code of West Virginia, 1931, as amended, relating to requiring
each county board of education to hold a public hearing on the
issue of mandating each student enrolled in a public school to wear
a school uniform while attending that school.
With the recommendation that the committee substitute do pass.
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
Senate Bill No. 304, Authorizing Board of Chiropractic
Examiners promulgate legislative rule relating to chiropractic
practice.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then 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. 399, Relating to ability of physician to
refuse cardiopulmonary resuscitation in certain cases.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 399 (originating in the
Committee on Health and Human Resources)--
A Bill to amend and
reenact §16-30-2, §16-30-3, §16-30-5 and §16-30-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §16-30-26, all relating to end-
of-life care; and the ability of a physician, in specified
circumstances, to refuse to provide medical treatment if, to a
reasonable degree of medical certainty, the treatment would be
medically ineffective.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 399), 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
Com. Sub. for Senate Bill No. 414, Relating to child passenger
safety and booster seats.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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
Senate Bill No. 448, Creating voluntary tax check-off program
to support James "Tiger" Morton Catastrophic Illness Fund.
And,
Senate Bill No. 550, Designating certain rural hospitals for
Medicare Critical Access Hospital Program.
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.
Senate Bill No. 448, under the original double committee
reference, was then referred to the Committee on Finance.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of Senate Bill No. 550 contained in the
foregoing report from the Committee on Health and Human Resources.
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. 521, Requiring study on flood and general
property insurance for State Board of Education.
And,
Senate Bill No. 589, Relating to county boards of education
sharing services of central office administrative personnel.
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.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 531, Relating to Hospice Licensure Act.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (S. B. No. 531) 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 Government Organization.
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
Senate Bill No. 576, Allowing Insurance Commission to add
certain health care services.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 603, Relating to higher education.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 603 (originating in the
Committee on Education)--A Bill to repeal §18B-1-7 and §18B-1-9 of
the Code of West Virginia, 1931, as amended; to repeal §18B-2-1,
§18B-2-2 and §18B-2-3 of said code; to repeal §18B-3-5 and §18B-3-7
of said code; to repeal §18B-5-2d of said code; to repeal
§18B-14-11 of said code; to amend and reenact §5-6-4a of said code;
to amend and reenact §5G-1-2 of said code; to amend and reenact
§12-3-5, §12-3-6 and §12-3-8 of said code; to amend and reenact
§18-2-23a of said code; to amend said code by adding thereto a new
section, designated §18-2-24; to amend and reenact §18A-3A-1 and
§18A-3A-2b of said code; to amend and reenact §18B-1-3 and §18B-1-6
of said code; to amend and reenact §18B-1A-2 and §18B-1A-6 of said
code; to amend and reenact §18B-1B-4, §18B-1B-5 and §18B-1B-6 of
said code; to amend said code by adding thereto a new section,
designated §18B-1B-13; to amend and reenact §18B-2A-3 and §18B-2A-4
of said code; to amend said code by adding thereto a new section, designated §18B-2B-9; to amend and reenact §18B-3-1, §18B-3-2 and
§18B-3-3 of said code; to amend said code by adding thereto a new
section, designated §18B-3-4; to amend and reenact §18B-4-5,
§18B-4-5a, §18B-4-6 and §18B-4-7 of said code; to amend and reenact
§18B-5-3, §18B-5-4, §18B-5-7 and §18B-5-9 of said code; to amend
said code by adding thereto a new section, designated §18B-5-10; to
amend and reenact §18B-10-1, §18B-10-5 and §18B-10-6 of said code;
to amend said code by adding thereto a new section, designated
§18B-10-6a; to amend said code by adding thereto a new section,
designated §18B-11-7; and to amend said code by adding thereto a
new section, designated §18B-14-12, all relating to public and
higher education generally; providing flexibility measures for
certain state institutions of higher education; including at least
teachers, principals and paraprofessionals in professional
development provisions; establishing a structure to enhance
collaboration between state institutions of higher education having
a teacher preparation program, the Center for Professional
Development and the regional education service agencies in
providing professional development; requiring the state's research
and doctoral degree-granting public institutions of higher
education to coordinate the collaboration efforts of the other
teacher preparation institutions in their designated coordination
areas; requiring the State Board to ensure regional education service agencies are collaborating; reconstituting the Center for
Professional Development Board and changing its membership;
abolishing the position of Executive Director of the Center for
Professional Development; creating the position of Director of the
Center for Professional Development; designating collaboration with
the State Board in certain areas as a priority; requiring a
professional development study and report; creating the position of
Coordinator of the Principals Academy; transferring powers,
authorities, responsibilities and duties between certain entities;
definitions; excepting certain institutions from certain
requirements for selecting engineering and architectural services;
excepting certain institutions from certain required reports to
Joint Committee on Government and Finance regarding real property
contracts and agreements; requiring transfer of real property under
certain circumstances from Higher Education Policy Commission to
certain institutions; clarifying real property retention rights of
Policy Commission for certain jointly used real property;
modifying
format and documentation requirements for acceptance of certain
documents by State Auditor; expanding permissible uses for purchase
card; transferring to State Auditor certain duties regarding
purchase cards; transferring to State Auditor authority to approve
certain purchase card payments designated to exceed the purchase
amount limits and to set the amount by which such payments may exceed the limits; exempting certain institutions from certain
document submission requirements for travel expense reimbursement;
clarifying requirements for promulgation of higher education rules;
requiring certain institutions to promulgate certain rules;
establishing certain requirements for rule adoption, validation,
enforcement and reporting; limiting certain authorities when rules
not adopted; clarifying legislative intent relating to mission of
certain institutions; limiting Policy Commission jurisdiction,
power, responsibility and authority regarding certain institutions;
modifying Policy Commission duties; expanding Policy Commission
discretion in setting Chancellor's salary; specifying limitation of
certain entities on exercising certain authorities and fulfilling
certain responsibilities;
modifying responsibility for assigning
institutions' geographic areas of responsibility; authorizing
Bluefield State College to offer graduate programs under certain
circumstances; limiting circumstances when certain institutions are
required to collaborate in providing certain graduate-level
programs; transferring to certain institutions authority for
capital project need identification, prioritization and selection;
modifying criteria considered for capital project selection;
extending to certain institutions authority to approve compensation
package for president; preserving the jurisdiction and authority of
certain higher education entities to manage technology; clarifying authority of Policy Commission to assess certain fees; specifying
when discharging certain duties requires consultation among various
higher education entities; transferring to certain institutions
authority to approve tuition and fee increases, review and approve
academic programs, develop capital budgets and set standards for
conferring degrees; exempting certain institutions from Attorney
General and Policy Commission approval requirements for executing
certain documents, instruments and purchases; requiring study and
report of recommendations relating to higher education personnel
issues; establishing scope of personnel study and charges for
implementation; requiring employee participation; modifying
requirements and authorities regarding delegation of powers by
certain higher education entities; expanding and modifying the
powers and duties of research, doctoral-granting public
universities and their governing boards; providing legislative
findings, purpose and intent for such expansion and modification;
for certain institutions expanding authority and establishing
parameters and procedures for donating certain surplus computers
and related items; limiting application to certain institutions of
certain surplus item disposal requirements; defining the
relationship between the Policy Commission and certain governing
boards and between the West Virginia Council for Community and
Technical College Education and certain governing boards; establishing and defining the duties of certain governing boards to
address state priorities and the goals for post-secondary education
established by the Legislature; defining state priorities;
requiring annual report of progress; expanding jurisdiction of
certain parking and vehicle operating violations for certain
institutions; specifying certain acceptable qualifications for
employment as campus police officer at certain institutions;
expanding authority of certain campus police officers; expanding
responsibility of certain institutions to investigate certain
crimes; expanding authority of certain institutions to expend the
excess of certain parking fees collected; increasing fines and
expanding penalty options for certain
parking and vehicle operating
violations at certain institutions; exempting certain institutions
from requirements to participate in certain cooperative purchasing
and operating arrangements; specifying responsibility of certain
institutions for ensuring fiscal integrity of operations;
establishing requirements for implementing best business and
management practices for certain institutions, including certain
required reports; authorizing state medical and health
professionals schools to participate in self-insurance retention
programs with approval of state Board of Risk and Insurance
Management; authorizing state Board of Risk and Insurance
Management to enter into agreements with state medical and health professionals schools to develop and implement self-insurance
retention programs; requiring plan review and approval by state
Insurance Commissioner
prior to implementing self-insurance
retention programs;
authorizing Insurance Commissioner to
promulgate emergency rules; expanding discretion of certain
institutions to offer undergraduate and graduate-level fee waivers,
eliminating certain waiver award restrictions and requiring rule
governing waivers; requiring certain institutions to
establish a
nonprofit Regional Brownfield Assistance Center;
defining
Assistance Center service regions; establishing Assistance Center
powers and duties; creating Governor's Commission on Graduate Study
in Science, Technology, Engineering and Mathematics; establishing
membership; assigning charge to Commission; providing legislative
findings and requiring report to Legislative Oversight Commission
on Education Accountability; deleting, repealing and updating
certain obsolete provisions; and making technical corrections.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 603) 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.
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
Senate Bill No. 659, Clarifying definition of "money
transmission".
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Joseph M. Minard,
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
Senate Bill No. 661, Relating to juvenile proceedings and
multidisciplinary teams.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 661 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §49-5-13a
and §49-5-20 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §49-5D-3 of said code, all relating to juvenile
proceedings and multidisciplinary teams; requiring the Division of
Juvenile Services to establish a multidisciplinary team treatment
planning process for certain juveniles in its custody; requiring
multidisciplinary team to be convened and directed by the Division
of Juvenile Services for juveniles committed to its custody by the
court for examination and diagnosis; specifying members of the
multidisciplinary team; requiring multidisciplinary team to be
convened for juveniles prior to discharge from a juvenile
correctional facility; and authorizing those who convene a
multidisciplinary team meeting to obtain an order of the circuit
court setting a hearing and compelling attendance.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 731 (originating in the Committee on Finance)--A Bill making a supplementary appropriation of federal funds out
of the Treasury from the balance of moneys remaining unappropriated
for the fiscal year ending the thirtieth day of June, two thousand
five, to the Department of Transportation - Division of Public
Transit, fund 8745, fiscal year 2005, organization 0805, by
supplementing and amending the appropriation for the fiscal year
ending the thirtieth day of June, two thousand five.
Senate Bill No. 732 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation in the State Fund,
General Revenue, to the Department of Transportation - Aeronautics
Commission, fund 0582, fiscal year 2005, organization 0807, by
supplementing and amending the appropriation for the fiscal year
ending the thirtieth day of June, two thousand five.
Senate Bill No. 733 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation of federal funds out
of the Treasury from the balance of federal moneys remaining
unappropriated for the fiscal year ending the thirtieth day of
June, two thousand five, to a new item of appropriation designated
to the Department of Transportation, Aeronautics Commission, fund
8831, fiscal year 2005, organization 0807, supplementing and
amending chapter thirteen, Acts of the Legislature, regular
session, two thousand four, known as the budget bill.
And,
Senate Bill No. 734 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation of federal funds out
of the Treasury from the balance of federal moneys remaining
unappropriated for the fiscal year ending the thirtieth day of
June, two thousand five, to the West Virginia State Mapping and
Addressing Board, fund 8868, fiscal year 2005, organization 0940,
by supplementing and amending the appropriation for the fiscal year
ending the thirtieth day of June, two thousand five.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, March 23, 2005, at 11 a.m
____________