Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 7, Requesting Division of
Highways name bridge on Route 80 at Verner "William Chapman
Browning Bridge".
A message from The Clerk of the House of Delegates announced
that that body had agreed to the appointment of a committee of
conference of three from each house on the disagreeing votes of the
two houses, as to
Eng. Com. Sub. for House Bill No. 2121, Establishing the
"All-Terrain Vehicle Safety Act" and the reasons therefor.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Beane, Kuhn and Leggett.
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. 107, Creating sales tax holiday for
back-to-school purchases.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 155 (originating in the
Committee on Government Organization), Establishing western highway
authority to include representatives from certain counties.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 155 (originating
in the Committee on Finance)--A Bill to establish the western West
Virginia highway authority to include representatives from Cabell,
Mason, Jackson, Putnam and Wayne counties; appointment and terms of
members; meetings of authority; appointment of officers; and powers
of authority.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 217, Relating to water treatment plant sludge.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 217 (originating in the
Committee on Natural Resources)--A Bill to amend article fifteen,
chapter twenty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section twenty-three, relating to the beneficial use of
water treatment plant sludge; and requiring promulgation of
emergency and legislative rules.
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,
John Pat Fanning,
Chair.
The bill (Com. Sub. for S. B. No. 217), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 252, Authorizing department of environmental
protection to promulgate legislative rules relating to standards
for beneficial use of materials similar to sewage sludge.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 338, Establishing medicaid buy-in program for
certain individuals with disabilities.
With amendments from the Committee on Health and Human
Resources pending;
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 338 (originating in the
Committee on Finance)--A Bill to amend article four-a, chapter nine
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated section
three, relating to the creation of a medicaid buy-in program for
working individuals with disabilities; defining terms; setting
eligibility requirements; continuation of coverage for an
individual suffering an involuntary loss of employment; medicaid
coverage for individuals no longer eligible for the program; setting an enrollment fee; requiring the department to develop a
sliding scale of premiums; requiring biannual review of the
premium; allowing increase and decrease of premiums; requiring the
department to establish criteria for biannual redetermination of
disability and establishing criteria for the redetermination;
setting forth funding for the program; and authorizing emergency
rules.
And,
Senate Bill No. 404, Establishing blue and gray intermodal
highway authority.
With an amendment from the Committee on Government
Organization pending;
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 404 (originating in the
Committee on Finance)--A Bill to establish the "Blue and Gray
Intermodal Highway Authority"; functions; members; appointment;
powers and duties; officers; bylaws; rules; compensation; and
authority as corporate body.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 391, Reducing training requirements for
certain state police cadets.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 391 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
section three, article two, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to training requirements for certain members of the state
police.
And,
Senate Bill No. 510, Continuing commission on holocaust
education.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 510 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
sections two and three, article twenty-eight, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to the West Virginia commission on holocaust
education; providing for reimbursement of actual and necessary
expenses; and authorizing the commission to accept gifts, donations
and state funds as appropriated by the Legislature.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Edwin J. Bowman,
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. 449, Authorizing transfer of surplus net
profits between lottery fund and excess lottery fund.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 16, Requesting Federal
Emergency Management Agency expedite updating flood insurance rate
maps.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The Senate again proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senator Snyder:
Senate Bill No. 589--A Bill to amend and reenact section one
hundred three, article two, chapter thirty-six-b of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to common interest communities; and providing that the
provisions of said section relating to common interest communities
and condominiums have no application to restrictive covenants which
contain provisions allowing amendment when the provisions for
amendment are duly followed.
Referred to the Committee on the Judiciary.
By Senator Caldwell:
Senate Bill No. 590--A Bill to amend and reenact section
seven, article twelve, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to school buses generally; and limiting idling of school
buses in excess of five minutes except for certain purposes.
Referred to the Committee on Education.
By Senators Oliverio, Unger, McKenzie and Sprouse:
Senate Bill No. 591--A Bill to amend chapter thirty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article forty-one, relating to establishment of the athletic training licensure
act of two thousand three; providing for licensure of athletic
trainers; defining the practice of athletic training and athletic
injury; establishing the athletic trainers' licensure board;
providing for operation of the board; providing for fees and costs
associated therewith; setting forth the powers and duties of the
board; providing for the educational and licensing requirements for
practice as an athletic trainer; providing for continuing
education; providing enforcement powers and procedures; providing
for penalties; and providing exemptions including provisions for
exemption of licensed medical practitioners, student athletic
trainers and state-certified athletic trainers practicing in
secondary school settings.
Referred to the Committee on Government Organization.
By Senator Oliverio:
Senate Bill No. 592--A Bill to amend and reenact section
seven, article seven-b, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing the option for former state employees who
were members of the West Virginia public employees retirement
system prior to the first day of July, one thousand nine hundred
ninety-one, who became employed with a school district after the
first day of July, one thousand nine hundred ninety-one, and who
were precluded from becoming members of the state teachers
retirement system in favor of the defined contribution retirement
system to exercise the option to transfer to the state teachers retirement system.
Referred to the Committee on Pensions; then to the Committee
on Education; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 593--A Bill to repeal section five-a, article
six-a, chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and reenact
section two-o, article thirteen of said chapter, relating to
removing the provision of law directing that each wind turbine
installed at a wind power project and each tower upon which the
turbine is affixed be assessed for tax purposes at salvage value;
and deleting the current provision of law capping the applicability
of the state business and occupation tax to five percent of the
official capability of a generating unit utilizing a turbine
powered primarily by wind.
Referred to the Committee on Finance.
By Senators Hunter, Dempsey, Love, Unger and Smith:
Senate Bill No. 594--A Bill to amend and reenact section four,
article sixteen, chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
increasing the number of members that constitute the public
employees insurance agency finance board from six members to eight
members, with four members being appointed by the governor instead
of three.
Referred to the Committee on Government Organization.
By Senators White, Harrison and Smith:
Senate Bill No. 595--A Bill to amend article twenty-nine,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new section,
designated section eleven, relating to prohibiting law-enforcement
surveillance of individuals and groups of individuals participating
in constitutionally protected activities without a particularized
suspicion of criminal activity unrelated to the protected activity.
Referred to the Committee on the Judiciary.
By Senators Edgell and Bailey:
Senate Bill No. 596--A Bill to amend sections twenty and
twenty-six-a, article twenty-two, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to municipal policemen's and firemen's pension and relief
funds; funding options; providing that a municipality may elect
normal cost funding following election to fund at one hundred seven
percent of prior years' funding; conditions; and providing that
where a municipal policemen's and firemen's pension and relief fund
is funded less than twenty-five percent, the fund's board of
trustees shall mandate an increase in member's contribution not to
exceed eight and one-half percent.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Snyder:
Senate Bill No. 597--A Bill to amend and reenact section
eighteen-a, article twenty-two, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, relating to excess lottery funds; requiring that said funds set
aside for economic development grants be appropriated by the
Legislature; and striking out provisions for an economic
development grant committee.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator McKenzie:
Senate Bill No. 598--A Bill to amend and reenact sections two
and ten, article twenty, chapter thirty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to defining "arresting agency"; and providing that the
arresting agency shall pay the cost for the initial twenty-four
hours of incarceration for each inmate it arrests who is
incarcerated.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Plymale and Edgell:
Senate Bill No. 599--A Bill to amend and reenact section one,
article one, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend article two
of said chapter by adding thereto a new section, designated section
five-g; to amend and reenact section one, article three of said
chapter; to amend and reenact sections one, two, four, ten and
eleven, article four of said chapter; to further amend said article
by adding thereto a new section, designated section six; to amend
and reenact sections one-a, one-c, four, fourteen and twenty-five, article five of said chapter; and to amend and reenact section two,
article five-a of said chapter, all relating to public education
generally; state and county boards of education; state and county
superintendents; local school improvement councils; deleting
obsolete language and making technical changes; clarifying
definitions; adding definition of local school improvement council;
directing state board to collect certain information from county
boards and transmit to the legislative oversight commission on
education accountability by a certain date; clarifying that state
superintendent serves at will and pleasure of state board;
modifying qualifications for state superintendent; providing
criteria for setting salary; requiring annual performance
evaluations; requiring county superintendents to participate in
orientation program under certain circumstances; requiring county
boards to pay cost of attending orientation program; modifying
qualifications for county superintendent; modifying requirements
for filing health certificates; providing for discontinuing or
suspending employment of county superintendent under certain
circumstances; providing that salary of county superintendents be
increased by an amount appropriate to classification of training
and years of experience when teachers receive a state-mandated
salary increase; requiring that county superintendents be evaluated
at least annually; providing evaluation criteria; providing for
evaluation to take place in executive session of county board;
directing county board to release a general statement to the public
and provide additional information only by mutual consent of county board and county superintendent; delineating appropriate uses of
evaluation results; requiring all county board members and county
superintendents to participate in initial evaluation training and,
thereafter, at least once every four years; providing for newly
elected board members and newly hired county superintendents to
participate in evaluation training within first six months of
assuming office or as soon thereafter as training course is
available; providing for county superintendent to carry out
executive duties delineated in contract; directing county
superintendent to report promptly to county board whenever a school
appears to be failing to meet certain standards; directing county
superintendent to keep county board apprised of issues affecting
education in the district; removing requirement for county
superintendent to direct the taking of school census; adding
requirement for county board members to receive training on school
performance issues and providing conditions; directing that only
training programs approved by the state board may be credited to
county board members and listed in district report card; providing
that state board may consult with education constituency groups
when determining approval status of training programs; requiring
county boards to perform annual self-evaluations using evaluation
instrument approved by state board; authorizing state board to
consult with West Virginia school board association or other
appropriate organizations when developing or approving evaluation
instruments; providing evaluation criteria; providing for summary
of evaluation results to be made available to the public; clarifying that county boards may meet within the county at
locations other than the county board office; providing that county
board members who serve on other boards, commissions or councils
receive certain compensation; setting maximum number of such
meetings per year for which county board members may be
compensated; requiring county boards to file certain policies with
state board; providing procedures for county boards to meet with
councils; requiring development of agendas and delineating issues
to be covered; specifying reporting dates; requiring annual reports
to state board and legislative oversight commission on education
accountability; specifying that compliance is determined through
accreditation process; providing for open meetings; deleting
certain reporting requirements; setting membership requirements for
councils; directing that elections not be held before the beginning
of instructional term; providing method for filling vacancies;
requiring certification that council members have received certain
information and reasons why this requirement may not have been met;
setting forth requirements for annual meeting between county boards
and councils; requiring state board to direct preparation of
informational video and handbook for council members by certain
date; requiring that copies be made available to council members;
and authorizing the state board to solicit proposals and enter into
contracts for the purpose of providing training to council members.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Kessler, Hunter and Ross:
Senate Bill No. 600--A Bill to amend and reenact section
fifteen, article three, chapter seventeen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to registration plates for motorcycles; allowing for
plates to be fastened in vertical position; and requiring the
commissioner of the division of motor vehicles to offer owners of
motorcycles the choice of registration plates for vertical or
horizontal positioning.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senator Kessler:
Senate Bill No. 601--A Bill to amend and reenact section
twenty, article twenty-two, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to municipal pension and relief funds; and allowing
municipalities that elected to use the alternative funding method
for their pension and relief funds to return to the standard
funding method.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Hunter, Rowe and Kessler:
Senate Bill No. 602--A Bill to amend and reenact section six,
article one-b, chapter nineteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to timbering
operations and notification of duration of these operations; and
providing verification of notice to adjoining landowners by certified mail.
Referred to the Committee on Natural Resources.
By Senator Jenkins:
Senate Bill No. 603--A Bill to amend chapter five-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article one-b,
relating to establishing a permanent statewide trail plan
coordinator.
Referred to the Committee on Government Organization.
By Senators McCabe, Rowe, Plymale and White:
Senate Bill No. 604--A Bill to amend chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article
thirteen-t; and to amend article fifteen of said chapter by adding
thereto a new section, designated section twenty-seven, all
relating to establishing a tourism development project tax credit;
specifying short titles; specifying legislative findings and
purpose for new credit; defining terms; specifying activity that
qualifies for credits, how amount of allowable credits are
determined, how credits may be applied and against what tax
liabilities credits may be applied; providing for forfeiture of
unused tax credits, redetermination of credits and recapture of
credits under certain circumstances; imposing recapture tax,
interest and civil money penalty and specifying circumstance when
they apply; allowing transfer of qualified investment to
successors; requiring identification of tax credit property; requiring persons claiming credit to keep records and to provide
information to tax commissioner; providing rules for
interpretation, construction, severability and burden of proof;
requiring filing of application for credit as condition precedent
to claiming credit and imposing consequences for failure to make
timely application; specifying business activity eligible for
tourism development project tax credit; requiring periodic review
of tax credit; and requiring performance reports to governor and
Legislature.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators McCabe, Rowe, Plymale and White:
Senate Bill No. 605--A Bill to amend and reenact article
thirteen-b, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating generally to
community improvement districts and the acquisition and
construction of projects; defining certain terms; authorizing the
creation of and empowerment of districts; providing for the
development, construction, acquisition, financing, extension and
improvement of projects; providing for notice to owners of real
property of assessments; authorizing the issuance of assessment
bonds; and providing for assessments and liens related thereto.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senator Unger:
Senate Bill No. 606--A Bill to amend and reenact section nine, article fifteen, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to the
exemption from consumers sales and service tax for data processing;
and updating provisions to keep pace with changes in technology.
Referred to the Committee on Finance.
By Senators Plymale, Sharpe, Kessler and Edgell:
Senate Bill No. 607--A Bill to amend and reenact sections one,
two, four, five, five-a, seven-a, nine and ten, article nineteen,
chapter eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, all relating generally to the soft
drinks tax; amending and adding definitions; including bottled
water in tax; expanding purpose of proceeds from soft drink tax;
increasing the rate of tax on soft drink products; providing for
the distribution and use of the proceeds from the soft drink tax;
requiring report to the joint committee on government and finance;
expanding exemptions from tax stamp or tax crown requirement;
requiring indicia of tax payment to be sold at face value;
eliminating provisions relating to tax refund in certain instances;
amending requirements relating to report to commissioner; providing
further administrative procedures for payment of tax, including
penalty for failure to file a report when no tax is due; declaring
certain soft drink products contraband; requiring commissioner to
institute a proceeding in circuit court seeking forfeiture of
seized contraband; using proceeds from sale for the costs of
proceedings; authorizing a fine for altering, counterfeiting or
reusing tax stamps or tax crowns; requiring a written warning for a first offense, imposing fine for a second and third offense and
imposing fine and requiring suspension of a business registration
certificate for selling soft drink products upon which tax has not
been paid; and increasing criminal penalties for other soft drink
tax-related violations.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Prezioso:
Senate Bill No. 608--A Bill to amend and reenact section
nineteen, article five, chapter nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
allowing the continuance of summary certificate of need reviews for
proposed behavioral health services necessary to maintain federal
approval of the medicaid mentally retarded/developmentally disabled
waiver program.
Referred to the Committee on Health and Human Resources.
By Senators Chafin, Helmick, Minear, Ross, Bailey and Snyder:
Senate Bill No. 609--A Bill to amend and reenact section
twelve, article eight, chapter three of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
increasing from one thousand dollars to four thousand dollars the
amount an individual may contribute in connection with any campaign
for nomination or election.
Referred to the Committee on the Judiciary.
By Senators Facemyer, Bowman and McCabe:
Senate Bill No. 610--A Bill to amend and reenact sections nine and ten, article sixteen, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; to
amend and reenact section twelve, article three-a, chapter sixty of
said code; to amend and reenact sections fifteen and twenty-two,
article four of said chapter; to amend and reenact section six,
article seven of said chapter; to further amend said article by
adding thereto a new section, designated section nine; and to amend
and reenact section three, article eight of said chapter, all
relating generally to businesses selling nonintoxicating beer,
alcoholic liquors or wine; increasing annual licensing fees of West
Virginia alcohol beverage control administration licensees;
prohibiting private clubs from having limited video lottery license
unless they are a bona fide private club; making technical
corrections; and providing effective dates.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bailey, Facemyer, Bowman and McKenzie:
Senate Bill No. 611--A Bill to amend and reenact sections two
and six, article twenty-three, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, all
relating to defining podiatric medical assistants; and eligibility
requirements to obtain a permit to perform podiatric radiographs.
Referred to the Committee on Health and Human Resources.
By Senators Jenkins and Plymale:
Senate Bill No. 612--A Bill to amend chapter seventeen-b of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article one-e,
relating to operating a motor vehicle; licensing; preapplication
visual acuity testing; authorizing use of bioptic telescopic
devices; and issuance of low-vision driving license.
Referred to the Committee on Transportation; and then to the
Committee on Finance.
By Senators Chafin, Unger, Love, Ross, Sharpe and Dempsey:
Senate Bill No. 613--A Bill to amend article seven-a, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section twenty-six-t, relating to increasing supplemental benefits
to certain teacher retirement annuitants.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 614--A Bill to amend article thirteen, chapter
eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section eleven-a, relating to permitting municipalities to assess
taxes and levy fees subject to local referendum.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Unger, Hunter and McCabe:
Senate Bill No. 615--A Bill to amend and reenact section
thirty-one, article two, chapter three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, relating to permitting independent voters to vote for the election
of a candidate of any political party in a primary election.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Jenkins, Plymale and Hunter:
Senate Bill No. 616--A Bill to amend article thirteen, chapter
eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section eleven-a, relating to permitting municipalities to levy an
occupation privilege fee; setting forth the maximum occupation fee;
setting forth an effective date; providing restrictions and uses on
revenues derived from the occupation fee; pension stabilization
fund; and termination of fee.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Prezioso:
Senate Bill No. 617--A Bill to amend article five, chapter
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section fifteen-a, relating to the medicaid preferred drug list;
setting forth legislative findings; providing for clinical
integrity of the preferred drug list; providing coverage for new
prescription drugs; and providing for patient continuity of care.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Unger, Bailey, Hunter and Weeks:
Senate Bill No. 618--A Bill to amend article twelve, chapter
eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section twelve-a, relating to authorizing municipalities to permit
certain veterans to park free.
Referred to the Committee on Government Organization.
By Senators Bowman and Bailey:
Senate Bill No. 619--A Bill to amend article fifteen, chapter
eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section sixteen-a, relating to paid municipal fire departments;
providing that a paid municipal fire department with an apprentice
program for firefighters must terminate an apprentice after three
unsuccessful attempts to pass the final apprenticeship examination;
and setting forth effective date.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 620--A Bill to amend and reenact section ten-
c, article twenty-two-a, chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the racetrack video lottery capital reinvestment fund
generally; and specifying that the dollar-for-dollar recoupment
from capital reinvestment fund applies to certain racetrack and
associated facilities owned by a licensee on the thirtieth day of
June, two thousand one.
Referred to the Committee on Finance.
By Senator Sharpe:
Senate Bill No. 621--A Bill to amend and reenact section two,
article five, chapter twenty-seven of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating
generally to the institution of proceedings for the involuntary
commitment of individuals; and requiring the supreme court of
appeals to prescribe alternative procedures for mental hygiene
proceedings.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Chafin, Bailey, Helmick, Snyder, Fanning, Unger
and Ross:
Senate Bill No. 622--A Bill to amend and reenact section four,
article twenty, chapter thirty-one of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating to
prohibiting persons who have been convicted of a felony from being
an employee or member of the board of the regional jail and
correctional facility authority.
Referred to the Committee on the Judiciary.
By Senator Rowe:
Senate Bill No. 623--A Bill to amend article five, chapter
forty-one of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section one-a, relating to providing record notice of a person's
death by filing a death certificate and will, if any, with the
clerk of the county commission without commencing the probate of the estate.
Referred to the Committee on the Judiciary.
By Senators Kessler and Rowe:
Senate Bill No. 624--A Bill to amend and reenact article
one-b, chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to sediment control
during commercial timber harvesting operations; short title and
legislative purpose of article; defining certain terms; development
by the department of environmental protection of sediment control
program for commercial timber harvesting operations, including
adoption of best management practices; requiring submission to the
division of forestry of registration forms prior to conducting
commercial timber harvesting activities; procedure for approval of
registration forms by the division of forestry; requiring training
and certification of timber operators; inspections; and review.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Ross, Rowe, Weeks and Chafin:
Senate Bill No. 625--A Bill to amend and reenact section one,
article one, chapter seventeen-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and reenact
section nine, article three of said chapter; to amend and reenact
section three, article four of said chapter; to amend article one,
chapter seventeen-c of said code by adding thereto a new section,
designated section sixty-seven; to amend and reenact sections two,
six-a and eight, article five of said chapter; to amend and reenact sections one, one-a, two, two-a and three-a, article five-a of said
chapter; to amend and reenact sections eighteen and eighteen-b,
article seven, chapter twenty of said code; and to amend and
reenact section one, article six-a, chapter thirty-three of said
code, all relating to driving or operating a motorboat or other
vessel under the influence of alcohol, controlled substances or
drugs; reducing the allowable blood alcohol content for driving
under the influence from ten hundredths to eight hundredths of one
percent of body weight; increasing reinstatement and hearing docket
fees; defining the term conviction; increasing penalties; and
mandatory participation in the motor vehicle alcohol test and lock
program for repeat offenders.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Prezioso:
Senate Bill No. 626--A Bill to repeal section twenty-one,
article nine, chapter nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend and
reenact sections one, two, three, four, five, six, seven, eight,
nine, ten, eleven, twelve, thirteen, fourteen, sixteen and nineteen
of said article, all relating to the "West Virginia Works Act";
repealing rainy day fund; amending short title throughout article;
revising legislative findings and purpose; eliminating performance-
based measures for evaluating the program; redefining terms;
striking out provision that the secretary shall ensure availability
of support services to help meet program's requirements; reducing period of exemption from work requirement for beneficiaries with
newborn children; requiring beneficiaries to participate in family
assessments; providing that personal responsibility contract is
defined by time limits, availability of support services, program
work requirements and family assessments; eliminating consideration
of participants' challenges in meeting program requirements for
purposes of the personal responsibility contract; deleting
guidelines for developing individualized personal responsibility
contracts and authorizing secretary to define contracts by rule
instead; retaining cash incentive for married beneficiaries;
reducing child support pass-through by fifty percent; providing
sanctions for breach of contract by beneficiary; providing for
reduction of benefits rather than revocation; providing for good
cause exceptions to imposition of sanctions; reducing the period of
benefit termination; reducing the period for obtaining diversionary
assistance; and deleting provision that at-risk families may retain
a portion of cash assistance when earnings are below the federal
poverty guideline.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 627--A Bill to amend chapter nineteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article
thirty-one, relating to renaming the Guthrie center.
Referred to the Committee on Government Organization.
By Senator Minard:
Senate Bill No. 628--A Bill to amend and reenact sections two
and eight, article twenty-two, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
all relating to requiring farm mutual fire insurance companies to
file their rates with the offices of the insurance commissioner;
broadening the kinds of insurance coverage farm mutual fire
insurance companies may write; requiring minimum percentages of
business written in designated rating classes; and imposing a
penalty for failure to comply.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Minard:
Senate Bill No. 629--A Bill to amend and reenact section
thirty-three, article three, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
relating to the residency restriction reporting requirement for
excess lines brokers remitting the insurance policy surcharge.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Smith (By Request):
Senate Bill No. 630--A Bill to amend article fifteen, chapter
seventeen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section nine, relating to making it unlawful to offer for sale or sell products created wholly or in part by county or regional jail
inmates; and providing criminal penalty.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Snyder, Sharpe, Ross, Helmick, Bailey, Rowe,
Chafin, Fanning, Plymale, Deem, Guills and Tomblin (Mr. President):
Senate Bill No. 631--A Bill to amend article one, chapter
twenty-two of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, by adding thereto a new section, designated
section six-a, relating to requiring the director of the department
of environmental protection to grant, require revision of, or deny
all permits within ninety days from receiving a complete
application.
Referred to the Committee on Energy, Industry and Mining.
By Senators Love, Sharpe, Edgell, Minear, Snyder and Rowe:
Senate Bill No. 632--A Bill to amend and reenact section
fifty-four, article three, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to state agencies making timely payments on invoices for
telephone services.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Dempsey and Hunter:
Senate Bill No. 633--A Bill to amend and reenact sections
eight and twenty, article one, chapter forty-seven of the code of
West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section,
designated section twenty-four, all relating to requiring the
commissioner of the division of labor to establish registration
fees for various service entities; creating a weights and measures
fund within the state treasury; providing for expenditure of funds
from the fund; and directing the commissioner to establish fees by
emergency rule.
Referred to the Committee on Labor; and then to the Committee
on Finance.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 56, Prohibiting certain
insurers to require persons under contract to use mail-order
pharmacy.
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, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caldwell and Minard--2.
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. 56) 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. 400, Allowing insurance commissioner to
disclose confidential information 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, Boley,
Bowman, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caldwell and Minard--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 400) 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. 484, Making title insurance subject to
rate filings.
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, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caldwell and Minard--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 484) passed.
The following amendment to the title of the bill, from the
Committee on Banking and Insurance, 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. 484--A Bill to amend and reenact section
two, article twenty, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the types of entities that are governed by said
article; and providing for rate regulation of title insurers.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 485, Authorizing insurance commissioner
to enter into certain agreements and compromises.
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, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caldwell and Minard--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 485) 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. 486, Requiring certified public
accountant to notify insurer's board or audit committee of adverse
financial condition.
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, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caldwell and Minard--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 486) 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. 488, Establishing minimum surplus for
farmers' mutual fire insurance companies.
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, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe,
Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caldwell and Minard--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 488) passed with its title.
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.
Com. Sub. for Senate Bill No. 213, Restricting actions brought
by nonresidents in state courts.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Kessler, unanimous consent being granted, the bill was laid over one day, retaining its place on the
calendar.
Com. Sub. for Senate Bill No. 340, Permitting county
commissions to establish different building requirements in flood
plain for insurance purposes.
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. 383, Allowing alcohol beverage
control commissioner, with governor's approval, to sell warehouse
and purchase replacement.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 384, Relating to location of alcohol beverage
control administration.
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 two, section ten, line one, by striking out the word
"commission" and inserting in lieu thereof the words "alcohol
beverage control administration";
And,
On page two, section ten, line three, by striking out the
words "Kanawha County,".
On motion of Senator Rowe, the following amendment to the bill
(S. B. No. 384) was next reported by the Clerk and adopted:
On page one, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
§1. Repeal of section relating to the location of the offices of
the alcohol beverage control administration.
Section ten, article two, chapter sixty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, is
hereby repealed.
The bill (S. B. No. 384), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 395, Granting temporary
grandparent visitation during divorce action; technical
corrections.
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. 399, Providing for criminal
history checks for certain people working with children on school
property.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Deem, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 461, Updating section of corporation net
income tax act for federal income tax purposes.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 462, Updating certain terms in personal income
tax act for federal income tax purposes.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2077, Removing the
requirement that the Joint Committee on Government and Finance be
given reports on the Colin Anderson closure and relocation of
patients.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2778, Continuing the West Virginia state
police.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2803, Continuing the board of barbers and
cosmetologists.
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.
Com. Sub. for Senate Bill No. 370, Allowing certain vehicle
auxiliary lighting devices when vehicle used off road.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 430, Providing additional restrictions on
outdoor advertising.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 547, Relating to judges and justices and
judicial retirement.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 634 (originating in the Committee on Natural
Resources)--A Bill to amend and reenact section two, article one,
chapter twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact section
five, article two of said chapter, all relating to defining crow as
a gamebird; and setting hunting season for crows.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on Finance.
Respectfully submitted,
John Pat Fanning,
Chair.
On motion of Senator Fanning, the bill (S. B. No. 634)
contained in the foregoing report from the Committee on Natural Resources was then referred to the Committee on Finance.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Plymale presented a petition from Vito V. Forte and
numerous West Virginia residents, requesting the Legislature to
reform the medical liability system.
Referred to the Committee on the Finance.
Senator Plymale presented a petition from Betty Jo Stepp and
forty-five West Virginia teachers, requesting the Legislature to
increase the tobacco tax by one dollar per pack of cigarettes.
Referred to the Committee on Finance.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Snyder.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Caldwell and Minard.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, February 18, 2003, at 11 a.m.
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