Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, unanimous consent being granted,
returned to the fourth order of business.
Senator Rowe, 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 24th day of February, 2003, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 215), Making supplementary appropriation to
department of health and human resources, health care authority.
And,
(S. B. No. 281), Continuing department of environmental
protection.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
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. 234, Authorizing auditor to promulgate legislative rule relating to transaction fee and rate structure.
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 the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was
then referred 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
Com. Sub. for Senate Bill No. 362 (originating in the
Committee on Transportation), Establishing Public-Private
Transportation Act of 2003.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 362 (originating
in the Committee on Finance)--A Bill to amend chapter seventeen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new article, designated article two-d,
relating to establishment of the public-private transportation act
of two thousand three; setting forth legislative findings and
purposes; defining terms; providing prerequisites for development of a transportation facility; providing for the creation of a
public-private transportation oversight committee and its
membership; setting forth the powers and duties of the committee;
providing for the submission of proposals and approval by the
committee; providing for service contracts; providing for the
dedication of public property; setting forth the powers and duties
of a developer; requiring a comprehensive agreement; providing for
federal, state and local assistance; addressing material default
and remedies; prohibiting governmental entities from pledging full
faith and credit; providing for the exercise of condemnation;
addressing utility crossings; addressing dedication of assets;
providing for an exemption from purchasing rules; qualifying
transportation facilities as public improvements; setting forth a
termination date; and addressing construction.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 362)
contained in the preceding report from the Committee on Finance was
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator 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. 364, Strengthening
multidisciplinary treatment team process for children involved in
court system.
And,
Senate Bill No. 428, Directing auditor issue warrants for
payment of certain claims against state.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bills (Com. Sub. for S. B. No. 364 and S. B. No. 428)
contained in the preceding report from the Committee on Finance
were each taken up for immediate consideration, read a first time
and ordered to second reading.
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. 365, Providing board of landscape architects set certain fees by rule.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 365 (originating in the
Committee on Government Organization)--A Bill to amend article
twenty-two, chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding thereto a
new section, designated section five-a, relating to board of
landscape architects; and authorizing the board to set fees by
rule.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 365) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator 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. 515, Creating State Payment for State Mandates
Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 515 (originating in the
Committee on Government Organization)--A Bill to amend chapter four
of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new article, designated article
thirteen, relating to the state payment for state mandates act;
legislative findings; definitions; requiring funding of state
mandates; establishing a local government mandates appeal board;
and mandate review requirements.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 515) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator 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. 555, Providing person not guilty of
trespassing or hunting without permission in certain cases.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 555 (originating in the
Committee on Natural Resources)--A Bill
to amend and reenact
section seven, article two, chapter twenty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to providing that persons may not be guilty of trespassing
or hunting without permission merely because the person's dog
pursues an animal or wild bird onto another person's private or
leased land.
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,
John Pat Fanning,
Chair.
The bill (Com. Sub. for S. B. No. 555), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 578, Establishing Central Highlands highway
authority.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 578 (originating in the
Committee on Government Organization)--A Bill to establish the
central West Virginia highlands highway authority to include
representatives from Braxton, Nicholas, Webster, Randolph and
Pocahontas counties; appointment of officers; and powers of
authority.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 578) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator Sharpe, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 583, Creating extended weight coal haul road
system.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 583 (originating in the
Committee on Energy, Industry and Mining)--A Bill
to amend and
reenact section one, article six, chapter seventeen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as amended;
to further amend said article by adding thereto a new section,
designated section ten; to amend and reenact sections ten and
eleven, article seventeen of said chapter; to further amend said
article by adding thereto a new section, designated section eleven-
d; to further amend said chapter by adding thereto two new
articles, designated articles seventeen-a and seventeen-b; to amend
and reenact sections three and seven, article one, chapter seventeen-e of said code; and to amend chapter twenty-four-a of
said code by adding thereto a new article, designated article one-
a, all relating to the regulation of commercial vehicles;
increasing speeding fines for commercial vehicles transporting
coal; authorizing public service commission and its employees to
enforce laws of the road for commercial vehicles; authorizing
weight enforcement for commercial vehicles moving or parked on or
within one hundred feet of public rights-of-way; establishing
administrative enforcement process and penalties for vehicles
transporting coal; providing legislative findings for special
regulation of coal transportation on the coal resource
transportation road system; defining terms; designating eligible
counties; directing public service commission to administer
commercial vehicle weights and measures; providing that division of
highways and public service commission administer all aspects of
weight and safety requirements; providing that division of highways
coordinate establishment of coal resource transportation roads with
the public service commission; establishing a permitting program
for vehicles transporting coal which allows higher weight limits
upon meeting certain requirements; authorizing public service
commission to promulgate emergency and legislative rules; providing
special operator and vehicle permit requirements; providing for
fees to be assessed for permits; providing reporting requirements
for vehicle owners, coal shippers and coal receivers; authorizing commission employees to inspect certain weight transportation
records; establishing administrative sanctions for coal vehicle
weight violations; establishing new criminal penalties for weight
violations; establishing procedure and criteria for commissioner of
division of highways to designate special coal resource
transportation roads; authorizing commissioner of division of
highways to enter into agreements with persons responsible for coal
transport to undertake road and bridge improvements; providing for
transfer of certain duties, authority and employees of the division
of highways to the public service commission; providing dates for
transfer of these duties; providing that state road funds for these
costs be transferred to public service commission; providing that
transfer of these duties does not alter other law-enforcement
agencies' authority; removing weight from the list of nonserious
traffic violations; creating commercial motor vehicle weight and
safety enforcement advisory committee; and providing for its
membership, organization, expense reimbursements and duties.
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,
William R. Sharpe, Jr.,
Chair.
At the request of Senator Sharpe, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 583) contained in the
preceding report from the Committee on Energy, Industry and Mining
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 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. 588, Creating transportation and economic
development information system.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 588 (originating in the
Committee on Government Organization)--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 two-e, relating to implementing a transportation and
economic development information system at the Nick J. Rahall II
Appalachian transportation institute; legislative findings; and
setting forth a work plan.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 588) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 596, Relating to municipal policemen's and
firemen's pension and relief funds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 596 (originating in the
Committee on Pensions)--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.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Evan H. Jenkins,
Chair.
At the request of Senator Jenkins, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 596) contained in the
preceding report from the Committee on Pensions was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator 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. 616, Allowing municipalities to enact
occupation privilege fee.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 616) contained in the preceding report
from the Committee on Government Organization was taken up for
immediate consideration, read a first time and ordered to second
reading.
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. 632, Relating to state agencies making timely
payments for telephone services.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 632 (originating in the
Committee on Government Organization)--A Bill to amend article seven, chapter five-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new
section, designated section four-a, relating to state agencies
making timely payments on invoices for telephone services.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 632) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 634, Defining crow as gamebird.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
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
Senate Bill No. 647 (originating in the Committee on Finance)-
-A Bill to amend and reenact section four, article six, chapter
twelve of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to modifying the type and amount
of bond required to be obtained and maintained by the investment
management board; and authorizing the establishment and maintenance
of a self-insurance account in connection with the procurement and
maintenance of insurance coverage by the investment management
board.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being
granted, the bill (S. B. No. 647) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Concurrent Resolution No. 17, Requesting Congress enact
National Recreation Lakes Act of 2002.
And,
Senate Concurrent Resolution No. 24, Urging Congress to enact
legislation addressing navigational needs on rivers; funding.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John Pat Fanning,
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 Concurrent Resolution No. 27, Requesting Joint
Committee on Government and Finance study protection of water
supply.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 27 (originating
in the Committee on Natural Resources)--
Requesting the Joint Committee on Government and Finance study a state water plan for
protection of the state's water supply.
Whereas, Water is a vital economic resource of equal or
greater importance than any other mineral or natural resource; and
Whereas, The state has a compelling interest in assuring that
the consumptive uses of its water resources are managed in a manner
that both protects the state's natural resources and assures an
adequate water supply for agricultural, domestic, commercial and
industrial purposes; and
Whereas, Competition over water resources and allocations
among the states is a long-standing and growing issue both
regionally and nationally; and
Whereas, Water resources must be managed to meet the water
needs of people while maintaining, protecting and improving the
state's natural systems; and
Whereas, This state contains the headwaters of several major
river systems and downstream metropolitan regions in other states
increasingly rely upon waters originating in this state for their
water supply, thereby increasing the potential for interstate water
use conflicts between this state and downstream states and other
public and private entities; and
Whereas, There are concerns about intrastate water use between
competing consumptive users withdrawing from the same watercourses
and the effects of such consumptive uses on the conservation of those watercourses; and
Whereas, The role of the state should be to ensure water
resources are adequately managed and protected and to develop a
water policy and comprehensive state water plan that establishes
guidelines and a framework for the development of regional water
supply plans which should integrate water supply, water quality,
water use and environmental issues and should be used to guide
decisions that affect water resources in the state. Further, the
state water plan should help integrate and coordinate the water
planning and management of local, state and federal agencies; and
Whereas, The management and control of our substantial water
resources are integral to West Virginia's success in a variety of
economic arenas, including, but not limited to, energy production,
agriculture and tourism; and
Whereas, West Virginia is in an unique position geographically
and demographically with regard to recreational water uses and can
take steps to further enhance this ecotourism image; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance study a state water plan for protection of
the state's water supply; and, be it
Further Resolved, That the Joint Committee on Government and
Finance establish a joint water policy commission, in coordination with a water policy technical advisory task force, that will create
a comprehensive state water plan
for the protection of the quantity
and quality of the state's water resources, including, but not
limited to:
1. Water supply allocation and interbasin transfers;
2. Natural systems and in-stream flow protection;
3. Agricultural use, development and efficiency;
4. Local government water use, development and assistance
with water and wastewater systems;
5. Water conservation, reuse and drought;
6. Water rights management;
7. Water-based recreation;
8. Data collection, management and research in water
information;
9. Interstate water issues, including diversion and
exportation;
10. Water storage, aquifer storage and recovery;
11. Watershed planning and management;
12. Reservoir operations;
13. Water marketing and transfers;
14. Problem mediation and arbitration;
15. Other general issues relating to consumptive and
nonconsumptive water uses; and, be it
Further Resolved, That the joint water policy commission be dedicated to comprehensively address West Virginia water policy and
law by implementing, in cooperation with the water policy technical
advisory task force, the state water plan. The commission shall
consist of six members each from the House of Delegates and the
Senate, including the chairs of the Judiciary, Finance and Natural
Resources committees, to be appointed by the Speaker of the House
of Delegates and the President of the Senate, with the cochairs
appointed from the three appointees who do not chair the standing
committees; and, be it
Further Resolved, That a water policy technical advisory task
force be established by the joint water policy commission for the
purposes of providing technical information, feedback and
assistance implementing the state water plan; that the task force
meet twice a month and report monthly to the joint water policy
commission during interim meetings; and that the advisory task
force be comprised of members of relevant governmental agencies,
including, but not limited to, the Department of Environmental
Protection, the Department of Natural Resources, the Attorney
General's Office, the Department of Agriculture and the Public
Service Commission Consumer Advocate Division, together with
representatives of business, industry and the public, including,
but not limited to, representatives of water and wastewater
utilities, agriculture interests, environmental interests,
recreational and other public interests; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2004, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
With the recommendation that the committee substitute be
adopted.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Concurrent Resolution No. 35 (originating in the
Committee on Finance)--Providing for the issuance of bonds not to
exceed three billion nine hundred million dollars pursuant to
article eight, chapter twelve of the code of West Virginia.
Resolved by the Legislature of West Virginia:
That pension bonds in a principal amount not to exceed three
billion nine hundred million dollars are authorized to be sold by the Governor during the time period set forth in section four,
article eight, chapter twelve of the code of West Virginia; and, be
it
Further Resolved, That the terms of the bonds shall be
determined by the Governor as set forth in the trust indenture
approved by the Governor; and, be it
Further Resolved, That the Governor shall sell the bonds herein
mentioned at such time or times in such amounts, not exceeding the
aggregate principal amount described above, at such prices during
the fiscal year as he may determine necessary to provide funds for
the purposes set forth below, provided that before the sale of any
such bonds, the Governor shall deliver the written findings
required by section five, article eight, chapter twelve of the code
of West Virginia; and, be it
Further Resolved, That the maximum costs associated with the
issuance of the bonds, excluding fees for bond insurance, credit
enhancement and liquidity facilities, plus underwriter's discount
and any other costs associated with the issuance, shall not exceed,
in the aggregate, the sum of one percent of the aggregate principal
amount of bonds issued, the payment of such costs to be subject to
final approval by the review committee established pursuant to
section four, article eight, chapter twelve of the code of West
Virginia; and, be it
Further Resolved, That the net proceeds of sales of all bonds herein authorized shall be paid to the Consolidated Public
Retirement Board pursuant to section seven, article eight, chapter
twelve of the code of West Virginia and used for the purposes set
forth in article eight of said chapter.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Eng. House Bill No. 2975, Providing a window for persons who
were members of PERS and who left state employment withdrawing
their PERS moneys to buy back their time with interest.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Evan H. Jenkins,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from the Committee on Pensions pending.
Senator Jenkins, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Eng. House Bill No. 2983, Relating to the teachers' retirement
system.
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,
Evan H. Jenkins,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, February 25, 2003, at 11 a.m.
____________