WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
SECOND DAY
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Charleston, W. Va., Thursday, January 12, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by
the Right Reverend W. Michie Klusmeyer,
Bishop, Episcopal Diocese of West Virginia, Charleston, West
Virginia.
Pending the reading of the Journal of Wednesday, January 11,
2006,
On motion of Senator White, 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 Clerk presented a communication from the Board of Barbers
and Cosmetologists, submitting its annual report as required by
chapter sixteen, article one, section six of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Board of Examiners for Registered Professional Nurses, submitting its annual
report, in accordance with chapter thirty, article twenty-four,
section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Department of
Health and Human Resources, submitting its annual report of the
James "Tiger" Morton Catastrophic Illness Commission as required by
chapter sixteen, article five-q, section two of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Radiologic
Technology Board of Examiners, submitting its annual report, in
accordance with chapter thirty, article one, section twelve of the
code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Water Development
Authority, submitting its annual report as required by chapter
twenty-two-c, article one, section seventeen of the code of West
Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Coal Mine Health and Safety, submitting its annual report, in accordance with chapter twenty-two-a, article six,
section nine of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Dental Examiners, submitting its annual report as
required by chapter thirty, article twenty-four, section seven of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Medicine, submitting its annual report, in accordance
with chapter thirty, article three, section seven of the code of
West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Bureau of Senior Services, submitting its annual report as
required by chapter sixteen, article five-p, section fourteen of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Children's Health Insurance Program, submitting its annual report, in accordance with chapter five, article sixteen-b, section
three of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Commercial Motor Vehicle Weight and Safety Enforcement Advisory
Committee, submitting its annual report as required by chapter
twenty-four-a, article one-a, section two of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Division of Natural Resources, submitting its annual report, in
accordance with chapter twenty, article one, section seven of the
code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Division of Personnel, submitting its annual report as required
by chapter twenty-nine, article six, section seven of the code of
West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Office of the Attorney General, submitting its annual consumer
credit and protection report, in accordance with chapter forty-six-
a, article seven, section one hundred two of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Pharmaceutical Cost Management Council, submitting its annual
report as required by chapter five-a, article three-c, section
eight of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 126-
A Bill to amend and reenact §11B-2-20 of
the Code of West Virginia, 1931, as amended, relating to funding of
the Revenue Shortfall Reserve Fund.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 127-
A Bill to amend and reenact §18-9A-8a of
the Code of West Virginia, 1931, as amended, relating to the
foundation allowance for regional education service agencies.
Referred to the Committee on Education; and to the Committee
on Finance.
By Senators Bowman, Love and Sharpe:
Senate Bill No. 128-
A Bill to amend and reenact §5-10-22 of
the Code of West Virginia, 1931, as amended, relating to public
employees retirement generally; and increasing the multiplier from
two percent to two and one-quarter percent.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Chafin and Love:
Senate Bill No. 129-A Bill to amend and reenact §11A-1-17 of
the Code of West Virginia, 1931, as amended, relating to increasing
the maximum amount of the commission a sheriff may receive for
collecting taxes.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Minard:
Senate Bill No. 130-
A Bill to amend and reenact
§21-5-4
of the
Code of West Virginia, 1931, as amended, relating to damages under
the Wage Payment and Collection Act.
Referred to the Committee on Labor; and then to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 131-
A Bill to amend and reenact §61-2-10b of
the Code of West Virginia, 1931, as amended, relating to providing
that the term of imprisonment for malicious assault on certain
officers, including police officers, is ten years.
Referred to the Committee on the Judiciary.
By Senators Boley, Foster and Hunter:
Senate Bill No. 132-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§49-6F-1 and §49-6F-2, all relating to creating the office of Child
Protection Ombudsman; authorizing the ombudsman to hire assistants;
providing the ombudsman investigate and monitor the Department of
Health and Human Resources' Division of Child Protective Services
to determine if it complies with federal guidelines; requiring the
ombudsman to investigate complaints against circuit and family law
judges concerning alleged failures to adequately protect children;
setting forth powers and duties of the ombudsman; and requiring the
ombudsman, upon taking office, to propose legislative rules
designed to implement the provisions of said article.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Chafin, Unger, Love, Foster and Hunter:
Senate Bill No. 133-A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated
§7-16A-1, §7-16A-2, §7-16A-3, §7-16A-4, §7-16A-5 and §7-16A-6, all
relating to the establishment of countywide programs intended to
remove abandoned and junked automobiles.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Caruth:
Senate Bill No. 134-A Bill to amend and reenact §21A-6-3 of
the Code of West Virginia, 1931, as amended, relating to providing
that an individual who provides notice of future voluntary
resignation, but is required to leave his or her employment prior
to the prospective resignation date, remains qualified for
unemployment benefits from the time the notice is given to the
employer until the end of the notice period or thirty days,
whichever period is shorter.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Chafin:
Senate Bill No. 135-
A Bill to amend and reenact §5-10B-4 of
the Code of West Virginia, 1931, as amended, relating to
contributions to government employee deferred plans; and allowing
a state employer to contribute to deferred compensation plans to
match employee contributions.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators McCabe, Unger and Foster:
Senate Bill No. 136-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§20-10-1, §20-10-2, §20-10-3, §20-10-4, §20-10-5, §20-10-6,
§20-10-7, §20-10-8, §20-10-9, §20-10-10, §20-10-11, §20-10-12,
§20-10-13 and §20-10-14, all relating to requiring the use of
returnable containers for soft drinks, soda water, carbonated
natural or mineral water, other nonalcoholic carbonated drinks and
for beer, ale or other malt drinks of any alcoholic content and for
certain other beverage containers; requiring the use of unredeemed
bottle deposits; prescribing the powers and duties of certain state
agencies and officials; and prescribing penalties and remedies.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Dempsey, Love and Hunter:
Senate Bill No. 137-A Bill to amend and reenact §18-5-45 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18A-4-3 of said code, all relating to funding salaries of
principals for two hundred twenty days.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 138-
A Bill to amend and reenact §2-2-1 of the Code of West Virginia, 1931, as amended, relating to permitting
county commissions to alter, in a certain manner, the observance of
legal holidays for county employees.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Hunter, Love and Dempsey:
Senate Bill No. 139-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §18-
5-47, relating to requiring local school boards to reimburse
employees for mileage expended in their own vehicle in the course
of their employment at a rate consistent with the state mileage
reimbursement rate.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Chafin and Dempsey:
Senate Bill No. 140-A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto four new sections, designated
§5-3-6, §5-3-7, §5-3-8 and §5-3-9, all relating to the Attorney
General generally; creating an Insurance Advocacy Unit in the
office of the Attorney General; providing for the appointment of an
Insurance Advocate; setting forth the authority of the Insurance
Advocate; and providing for the duties of the Insurance Advocate.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator White:
Senate Bill No. 141-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§16-23-2, relating to requiring acquired immunodeficiency syndrome
test for donors of certain corneas, semen, bones, organs or other
human tissue for the purpose of injecting, transfusing or
transplanting any of them in the human body; prohibiting the
intentional, knowing, reckless or negligent use of the corneas,
semen, bones, organs or other human tissue of a donor unless
the
test is performed; prohibiting the use of such material if
the
donor has tested positive for exposure to human immunodeficiency
virus; allowing a solid organ transplant of an organ from a human
immunodeficiency virus infected donor to a person who has tested
positive for exposure to human immunodeficiency virus and who is in
immediate threat of death unless the transplant is performed;
providing definitions; and providing criminal penalties.
Referred to the Committee on Health and Human Resources.
By Senator Chafin:
Senate Joint Resolution No. 6-Proposing an amendment to the
Constitution of the State of West Virginia, amending section eight,
article IX thereof; and further amending said article by adding
thereto a new section, designated section eight-a, all relating to
the formation and reformation of counties; authorizing the
Legislature to reconfigure county lines; numbering and designating such proposed amendment; and providing a summarized statement of
the purpose of such proposed amendment.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
Senators Chafin, Foster and Dempsey offered the following
resolution:
Senate Concurrent Resolution No. 18-
Requesting the Joint
Committee on Government and Finance study the possibility of
eliminating incarceration for certain misdemeanor convictions.
Whereas, The cost of operating regional jails continues to
escalate due, for the most part, to the increasing number of
inmates these jails must accommodate; and
Whereas, A contributing cause to this increasing burden to the
taxpayers of this state is the propensity of the Legislature to
provide for stiffer jail penalties while creating new misdemeanor
crimes; and
Whereas, Many nonviolent, harmless offenders are required to
serve jail time at taxpayers' expense when other alternatives, such
as community service, home confinement, criminal fines and
probation, would be more cost effective; and
Whereas, Factors involved in the ever-increasing cost to the
taxpayers for regional jails include: (1) The cost of
transportation; (2) the provision of medications and medical
treatment to inmates; (3) delays in providing appointed lawyers access to their incarcerated clients which, incidentally, drive up
the cost to the state in fulfilling its nondiscretionary obligation
of providing competent legal assistance to indigent individuals;
(4) the length of time, on average, inmates are held awaiting trial
or other resolution on the merits to their cases; (5) the average
length of sentences inmates convicted of misdemeanors are required
to serve; and (6) the uniquely burdensome costs of housing and
monitoring inmates with mental disabilities, such as mental illness
or mental retardation; and
Whereas, The Legislature should focus on methods and
procedures that best protect public safety without imposing jail
time; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the possibility of eliminating incarceration for
certain misdemeanor convictions; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2007, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 19-
Requesting the Division of
Highways name the bridge on U. S. Route 119 at Miller's Creek,
Mingo County, also known as the North Nolan Bridge, the "Arnold J.
Starr Memorial Bridge".
Whereas, Arnold J. Starr was born January 22, 1906, the son of
Minnis and Nancy Marcum Starr; and
Whereas, Arnold J. Starr knew the importance of education. He
attended Morehead State University in Kentucky, Concord College in
Athens, Mercer County, and graduated with a degree in Early
Childhood Education from Marshall University; and
Whereas, Arnold J. Starr was an educator in Mingo County and
served as principal of Naugatuck Grade School and Red Jacket Junior
High School. He also served as coach of the boys' basketball team;
and
Whereas, In the 1940s, Arnold J. Starr purchased and operated
a grocery store in Williamson until he was elected Mingo County
Assessor, a position he held until January, 1973. While serving as
Assessor, he also served as President of the West Virginia County
Officials Association and as a member of the West Virginia
Assessors Association; and
Whereas, After leaving public service as an elected official, Arnold J. Starr continued to serve his community as an ordained
minister. He also served the State of West Virginia in the
National Guard where he obtained the rank of 1st Lieutenant. He
was very active in a number of civic-minded organizations as well;
and
Whereas, It is fitting that a lasting tribute be established
to recognize the outstanding dedication and commitment Arnold J.
Starr made to the State of West Virginia as an educator, elected
county official and minister; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the bridge on U. S. Route 119 at Miller's Creek, Mingo County,
also known as the North Nolan Bridge, the "Arnold J. Starr Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 1, Requesting Division of
Highways name bridge at Allen Junction, Wyoming County, Staff Sergeant Grover Robert Taylor Memorial Bridge.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 2, Requesting Joint Committee
on Government and Finance study post-construction stormwater
runoff.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 3, Requesting Division of
Highways name bridge at Corrine, Wyoming County, Paul and Roger
Harsanyi Memorial Bridge.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 4, Requesting Board of
Education establish position to oversee school libraries.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Education.
Senate Concurrent Resolution No. 5, Requesting Joint Committee
on Government and Finance study affordable housing for State
Police.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 6, Requesting Joint Committee
on Government and Finance study public school dress code and
uniforms.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 7, Requesting state and
federal government recognize counties of Berkeley and Jefferson as
part of historic Shenandoah Valley.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Government
Organization.
Senate Concurrent Resolution No. 8, Requesting Joint Committee
on Government and Finance study repealing Local Powers Act.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 9, Requesting Joint Committee
on Government and Finance direct Legislative Oversight Commission
on Health and Human Resources Accountability study state obesity.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 10, Requesting Joint
Committee on Government and Finance study state and local
government defined benefit pension plans and contribution pension
plans.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Pensions;
and then to the Committee on Rules.
Senate Concurrent Resolution No. 11, Requesting Joint
Committee on Government and Finance direct Legislative Oversight
Commission on Health and Human Resources Accountability study
medical interventions.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 12, Requesting Joint
Committee on Government and Finance study Board of Risk and
Insurance Management ratesetting.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 13, Requesting United States
Department of Agriculture's Forest Service, in developing
alternatives for Monongahela National Forest Plan Revision,
consider value of well-managed forests to state.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural
Resources.
Senate Concurrent Resolution No. 14, Requesting Joint
Committee on Government and Finance study Alzheimer's disease and
related dementia training and education needs.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 15, Requesting Department of
Transportation name Division of Motor Vehicles' facility in
Williamson, Mingo County, Tom C. Chafin Division of Motor Vehicles
Memorial Facility.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 16, Requesting Division of
Homeland Security and Emergency Management repair and maintain
inoperative Integrated Flood Warning System.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance.
Senate Concurrent Resolution No. 17, Requesting Joint
Committee on Government and Finance study fiscal impact of various
tax-sheltering devices used by national corporations.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Rules.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Sprouse, Chafin, Deem, Oliverio
and Barnes.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, January 13, 2006, at 11 a.m.
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