WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
SEVENTH DAY
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Charleston, W. Va., Tuesday, January 17, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Franklin D. Thomas, Living Faith
Church, Marmet, West Virginia.
Pending the reading of the Journal of Monday, January 16,
2006,
On motion of Senator Jenkins, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the 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 Senator Deem:
Senate Bill No. 176--A Bill to amend and reenact §18B-10-1 of
the Code of West Virginia, 1931, as amended, relating to tuition and fees at institutions of higher education; and authorizing each
higher education governing board to increase fees of students
taking more hours of course work than the number of hours of course
work defined as full time.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Bowman, Caruth, Jenkins and Love:
Senate Bill No. 177--A Bill to amend and reenact §29-21-16 of
the Code of West Virginia, 1931, as amended, relating to requiring
circuit judges to order repayment of the costs of representation
provided by the public defender system under certain circumstances;
and requiring State Auditor to report on amounts repaid.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Oliverio, McKenzie and Prezioso:
Senate Bill No. 178--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5,
§30-41-6, §30-41-7, §30-41-8, §30-41-9, §30-41-10 and §30-41-11,
all relating to establishment of the Athletic Training Licensure
Act of 2006; providing for licensure of athletic trainers; defining
the practice of athletic training and athletic injury; establishing
the Athletic Training Licensure Board; providing for operation of
the board; providing fees and costs associated therewith; setting forth the powers and duties of the board; providing for educational
and licensing requirements for practice as an athletic trainer;
providing continuing education; providing enforcement powers and
procedures; providing penalties; and providing exemptions,
including provisions exempting licensed medical practitioners,
student athletic trainers and state-certified athletic trainers
practicing in secondary school settings.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Love:
Senate Bill No. 179--A Bill to amend and reenact §5-10-15a of
the Code of West Virginia, 1931, as amended, relating to allowing
state employees who were unable to convert accumulated sick leave
into credited service for retirement, due to having to use it
during times of illness, to have the option to purchase it back by
having withholdings taken from future pay.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Deem and Barnes:
Senate Bill No. 180--A Bill to amend and reenact §17-24A-1 and
§17-24A-2 of the Code of West Virginia, 1931, as amended, all
relating to abandoned motor vehicles; definitions; exceptions; and
penalties.
Referred to the Committee on the Judiciary.
By Senator Deem:
Senate Bill No. 181--A Bill to amend and reenact §5A-4-2 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §29-1-1 of said code, all relating to placing the West
Virginia Cultural Center under the authority and control of the
General Services Division of the Department of Administration.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 182--A Bill to amend and reenact §5A-1-1 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§5A-3-4, §5A-3-10, §5A-3-10a, §5A-3-11, §5A-3-19, §5A-3-33d and
§5A-3-45 of said code; and to amend said code by adding thereto
seven new sections, designated §5A-3-10b, §5A-3-10c, §5A-3-11a,
§5A-3-11b, §5A-3-11c, §5A-3-11d and §5A-3-11e, all relating to the
Purchasing Division of the Department of Administration; providing
for power and duties of the Director of the Purchasing Division;
defining certain terms; providing for annual vendor fee; describing
qualifications of state buyers; providing requirements for
competitive bids; authorizing Director of the Purchasing Division
to conduct compliance reviews of spending units; providing for bids
by electronic transmission; providing for bid solicitation
requirements; prohibiting contract awards to debtors of state; providing for best value procurement; providing for sole source
procurement; providing requirements for open market purchases;
providing requirements for contract awards; providing requirements
for delivery of bids to the Purchasing Division; providing for
special purchases; authorizing the Director of the Purchasing
Division to engage in competitive negotiations and discussions with
responsible bidders and to obtain best and final offers; providing
for contract awards to multiple vendors; authorizing multiyear
contracts; providing criteria for multiyear contracts; authorizing
the Director of the Purchasing Division to participate in, sponsor,
conduct or administer cooperative purchasing agreements or
consortia; providing grounds for debarment of vendors; and
providing for disposition of surplus state property by means of an
internet auction site.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Facemyer, McKenzie, Jenkins and Love:
Senate Bill No. 183--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to motor
vehicle registration generally; providing for the issuance of a
special Lions International membership license plate; and assessing
a special initial application fee and a special annual fee
therefor.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Chafin and Hunter:
Senate Bill No. 184--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6,
§3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13,
§3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18, §3-12-19,
§3-12-20 and §3-12-21, all relating generally to providing a pilot
project for the public funding of election campaigns for two Senate
districts and three single-member House of Delegates districts;
setting forth a short title and certain legislative findings and
declarations; defining terms; specifying that the provisions of
said article are applicable to candidates for seats in the
Legislature, including two Senate districts and three single-member
House of Delegates districts; establishing a Public Campaign
Financing Fund and sources of revenue for the fund; requiring an
applicant for public campaign funding to complete a declaration of
intent and setting forth the manner in which application for
funding may be made; setting forth eligibility criteria for a
qualifying party and independent candidates; allowing participating
candidates to raise from private sources and spend seed money
contributions; requiring candidates seeking public campaign funds
to collect a required number of qualifying contributions; requiring
participating candidates to comply with all provisions of the article; requiring the State Election Commission to certify
eligible candidates and setting forth the procedure for
certification; providing that qualified candidates receive funding
for election campaigns from the Public Campaign Financing Fund;
specifying the amount of funds available for each office and when
the funds become available; setting forth restrictions on
participating candidates' contributions and spending; prohibiting
participating candidates from accepting private contributions other
than as specifically set forth in said article; prohibiting the use
of personal funds for certain purposes; requiring certain
disclosures; setting forth provisions in the event of insufficient
public funds; requiring candidates to keep records and report to
the State Election Commission; providing for matching public
campaign funds when an opponent spends in excess of the
participating candidate's spending limits; setting forth certain
duties of the State Election Commission; providing for the deposit
of certain revenue into the fund; requiring repayment of excessive
expenditures by candidates; providing both civil and criminal
penalties for violations of provisions of said article;
establishing the West Virginia Citizens' Publicly Financed
Elections Commission and setting forth its duties; and setting
forth an effective date and termination date of the pilot project.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard, McKenzie and Hunter:
Senate Bill No. 185--A Bill to amend and reenact §46A-6-102 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §46A-6-111, all
relating to defining "consumer reporting agency"; requiring
consumer reporting agencies to notify consumers of negative credit
reports in advance of their release; and providing a cause of
action and civil penalties for violations.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 186--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §55-7-18A, relating to providing employer immunity for
disclosure of information regarding former employees; and providing
that information provided is presumed to be in good faith.
Referred to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 187--A Bill to amend and reenact §18-2-35 of
the Code of West Virginia, 1931, as amended, relating to requiring
county boards of education to implement a dress code requiring
students to wear uniforms by the year two thousand eight.
Referred to the Committee on Education.
By Senators Love, Sharpe and Dempsey:
Senate Bill No. 188--A Bill to amend and reenact §15-2-7 of
the Code of West Virginia, 1931, as amended, relating to providing
a salary increase for civilian employees of the State Police.
Referred to the Committee on Finance.
By Senators Love and Barnes:
Senate Bill No. 189--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-8a, relating to making it illegal to transport a
minor across state lines to obtain an abortion without written
consent from both parents; and providing for a penalty.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Love:
Senate Bill No. 190--A Bill to amend and reenact §5-16-7 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §33-15-4i; to amend said
code by adding thereto a new section, designated §33-16-3s; to
amend said code by adding thereto a new section, designated
§33-24-7i; and to amend said code by adding thereto two new
sections, designated §33-25-8g and §33-25-8h, all relating to
insurance coverage for acupuncture treatment generally; and
providing insurance coverage under the Public Employees Insurance
Act and certain other insurance policies for acupuncture treatment
performed by a licensed acupuncturist.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Love:
Senate Bill No. 191--A Bill to amend and reenact §5B-2-12 of
the Code of West Virginia, 1931, as amended, relating to providing
for a small grants program for the Tourism Promotion Fund; and
providing flexibility for direct advertising projects costing under
ten thousand dollars.
Referred to the Committee on Finance.
By Senator Sharpe:
Senate Bill No. 192--A Bill to amend and reenact §11-15-2 of
the Code of West Virginia, 1931, as amended, relating to the
definition of "commercial laundry" and "linen and garment rental
service"; and including commercial laundry and linen and garment
rental service establishments into the class of persons, firms and
corporations included in the definition of manufacturing for
consumers sales and use tax purposes.
Referred to the Committee on Finance.
By Senators Minard and Dempsey:
Senate Bill No. 193--A Bill to amend and reenact §46A-7-115 of
the Code of West Virginia, 1931, as amended, relating to consumer
credit and protection generally; requiring persons engaged in
making consumer credit sales and certain other consumer-related
activities to register with the Commissioner of Banking instead of filing a notification with the Tax Division; setting forth the
provisions of a registration form; providing for a registration
fee; and exempting certain other organizations and individuals from
the registration requirements.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Minard:
Senate Bill No. 194--A Bill to amend and reenact §33-31-1,
§33-31-2, §33-31-4, §33-31-6 and §33-31-8 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto three new sections, designated §33-31-26, §33-31-27 and
§33-31-28, all relating to captive insurance companies; providing
for sponsored captive insurance companies; requiring qualifications
of sponsors; and providing who may participate in sponsored captive
insurance companies.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard and Sharpe:
Senate Bill No. 195--A Bill to amend and reenact §50-1-9a of
the Code of West Virginia, 1931, as amended, relating to increasing
the number of allowable magistrate court deputy clerks; and
designating an additional deputy clerk for Braxton County.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Minard:
Senate Bill No. 196--A Bill to amend and reenact §31-17-5,
§31-17-8 and §31-17-14 of the Code of West Virginia, 1931, as
amended, all relating to mortgage license provisional approval;
disclosure of fees in a mortgage loan; and administrative hearing,
appeal and scheduling procedure.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 197--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-15b, relating to violence against public
employees.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 198--A Bill to amend and reenact §33-6A-4 of
the Code of West Virginia, 1931, as amended, relating to deleting
the ninety-day mandatory reinstatement period existing under
current law for persons who allow their automobile insurance
policies to lapse due to nonpayment of the premium.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Chafin:
Senate Joint Resolution No. 7--Proposing an amendment to the Constitution of the State of West Virginia, amending sections one
and four, article VII thereof, all relating to the executive
department; eliminating the succession of the Governor; providing
for one term of six years; designating such proposed amendment; and
providing a summarized statement of the purpose of such proposed
amendment.
Referred to the Committee on the Judiciary.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 22--Requesting the Joint
Committee on Government and Finance study the feasibility and
attendant legal ramifications, part and parcel of any proposed
legislation designed to stringently restrict and suppress the
current perimeters within which lawyers advertise.
Whereas, Since the opening of a proverbial Pandora's Box,
which gave license to lawyers for seemingly unrelenting and
increasingly bawdy, misleading and objectionable advertisements,
the legal profession's public image, once perceived as honorable
and noble, has eroded into a carnival-like thing, akin to a blue-
light special, touted on a used car lot; and
Whereas, The general public's current perception of the legal
profession, quite contrary to the once-held view of a noble
endeavor, has over the decades sunk into a doleful chasm wherein
lawyers are equated with used car salesmen, moneygrubbers and
shysters. This unfortunate state of affairs has regrettably occurred due to the sheer and continual increase in the number of
lawyers per capita, and the resulting massive aggregation of
tasteless, unprofessional and gaudy advertisements that lawyers
apparently are compelled to publish in an effort to compete with
one another while clinging to the ultimate dream of hitting the
grand prize of the injury lottery; and
Whereas, Since this once indomitably noble profession has been
allowed to descend into the ooze of its increasingly unprofessional
and ignoble state of affairs (antithetic to its original and
honorable callings), a state of affairs that beckons the public
with the ever-so-familiar banner query of "injured?", while
promising monetary jackpot recoveries that appeal to the basest of
human instincts, a cancerous growth has materialized which begs for
substantial containment, if not outright excision; and
Whereas, In the eyes of the public, the legal profession's
intended virtues of promoting public justice, upholding the rights
of citizens and resolving conflicts without resort to violence have
been relegated to the annals of history, while being replaced by
catchy limericks, jingles and punch-lines, endemic in the massive
advertising budgets (once the exception - now the rule) extolling
the self-appointed "heavy hitter", "won't-take-no-for-an-answer"
and "lawyer-who-will-fight-for-you" wannabes; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility and attendant legal
ramifications, part and parcel of any proposed legislation designed
to stringently restrict and suppress the current perimeters within
which lawyers advertise; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2007,
regarding its findings, conclusions and recommendations, along with
drafts of any proposed 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. 23--Requesting the Division
of Highways name the bridge intersecting Farley Avenue in
Delbarton, Mingo County, the "Dr. J. R. 'Bob' Farley Memorial
Bridge".
Whereas, J. R. "Bob" Farley was born on March 24, 1902, in
Delbarton, Mingo County, the son of the late James A. and Mary
Farley; and
Whereas, Dr. Farley was educated in the public schools in
Mingo County where he was a member of the Burch High School basketball team that lost only one game in three years; and
Whereas, Dr. Farley graduated from the College of Dentistry at
the University of Louisville in 1927 and soon returned to his
native Delbarton where he practiced dentistry for 43 years; and
Whereas, Dr. Farley served with distinction on numerous
community-based organizations, including as Chairman of the
Delbarton Volunteer Fire Department, President of the Delbarton
Kiwanis Club, President of the Parent-Teacher Association in
Delbarton, President of the Burch High School Band Boosters and
member of the Tug Valley Chamber of Commerce; and
Whereas, Dr. Farley, a life-long Democrat, was a successful
political figure and served his community as a member of the Mingo
County Board of Education, Mayor of Delbarton and Mingo County
Commissioner; and
Whereas, Dr. Farley passed away on April 26, 1970, leaving
behind his three loving children, Lohoma Lee Schuler, Rebecca Jean
O'Dell and James David Farley; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
bridge intersecting Farley Avenue in Delbarton, Mingo County, the
"Dr. J. R. 'Bob' Farley 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 "Dr.
J. R. 'Bob' Farley 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 and to the children of Dr. Farley,
in care of James David Farley.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 21, Requesting Joint
Committee on Government and Finance study repealing current
corporate license tax.
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 eleventh order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, January 18, 2006, at 11 a.m.
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