WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2006

EIGHTH DAY

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Charleston, W. Va., Wednesday, January 18, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Big Creek High School Choir, War, West Virginia, proceeded in the singing of "The West Virginia Hills".
Pending the reading of the Journal of Tuesday, January 17, 2006,
On motion of Senator Minard, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2136--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-4-18, relating to certain unlawful covenants; and requiring the clerk of the county commission to execute, record and post a disclaimer.
Referred to the Committee on the Judiciary.
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 Senator Minard:
Senate Bill No. 199
-A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55- 2-1b, relating to precluding a party from asserting an adverse possession claim in a boundary dispute where the claimant holds color of title through a residue deed.
Referred to the Committee on the Judiciary.
By Senators Minard and Dempsey:
Senate Bill No. 200
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A Bill to amend and reenact §46A-6K-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-6K-6, all relating to requiring "settlement agents" to perform particular duties in loan settlement transactions; and expanding the definition of settlement agent to include business entities.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 201
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A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-20G-1, §33-20G-2, §33-20G-3 and §33-20G-4, all relating to prohibiting medical professional liability insurers doing business in West Virginia from issuing or enforcing underwriting guidelines which purport to place restrictions or limitations upon insureds in this state greater than any restrictions or limitations set forth in said code or related administrative rules.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Jenkins and Guills:
Senate Bill No. 202
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A Bill to amend and reenact §3-1-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §3- 4A-11 and §3-4A-11a of said code; to amend said code by adding thereto a new section, designated §3-5-6a; to amend and reenact §3- 5-7, §3-5-13 and §3-5-13a of said code; and to amend said code by adding thereto a new section, designated §3-6-2a, all relating to the nonpartisan election of Justices of the Supreme Court of Appeals; timing and frequency of election; ballot design and printing; separation from partisan ballot; nonpartisan election of justices; filing announcement of candidacies; withdrawal of announcement of candidacies; refund of paid filing fees; and ballot content and form.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Minard and Love:
Senate Bill No. 203
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A Bill to amend and reenact §33-6A-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-17A-4 and §33-17A-5 of said code, all relating to insurance generally; additional reasons for nonrenewal of automobile insurance and property insurance; and providing that any policy issued after the effective date of the bill may be nonrenewed by an insurer for any reason with proper notice to the insured.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senator Sharpe:
Senate Bill No. 204
-A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to eliminating the additional annual fifteen-dollar fee for special 9/11 commemorative plates.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 205
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A Bill to amend and reenact §15-2C-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-12-2, §15-12-3, §15-12-5, §15-12-8 and §15-12-10 of said code; to amend said code by adding thereto two new sections, designated §15-12-6a and §15-12-11; to amend said code by adding thereto a new section, designated §18A-3-12; to amend and reenact §61-8B-3 and §61-8B-7 of said code; to amend and reenact §62-12-26 of said code; and to amend said code by adding thereto a new section, designated §62-12-27, all relating to the protection of the citizenry from sex offenders; providing for the submission of sex offender information to the central abuse registry; providing a definition for certain terms; providing for the release of sex offender information to the central abuse registry by the judiciary and agencies; providing for penalties for failure to properly register with the central abuse registry; creating new penalties for out-of-state sex offenders that fail to register; providing for verification of sex offender information by the central abuse registry; providing for penalties for assisting sex offenders in evading registration; increasing terms of incarceration for existing crimes; providing for supervised release requirements for sexually violent offenders; providing for electronic monitoring for sexually violent offenders on supervised release, probation and parole; and providing for school service personnel, contractors and service providers to be checked against the central abuse registry.
Referred to the Committee on the Judiciary.
By Senators Oliverio, Dempsey, Fanning, Foster, Hunter, Jenkins, Kessler, Barnes, Weeks, Unger, McKenzie, McCabe and Sharpe:
Senate Bill No. 206
-A Bill to amend and reenact §7-1-3u of the Code of West Virginia, 1931, as amended; and to amend and reenact §19-21A-4 of said code, all relating to floodplain management and flood debris generally; requiring floodplain management plans to prohibit or regulate placement of manufactured housing and storage of materials which may become flood debris or present additional flood hazards; requiring local governments establish penalties for violations of floodplain management plans; and authorizing the conservation agency to remove debris and other impediments during flood emergencies.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Oliverio, Dempsey, Fanning, Foster, Hunter, Jenkins, Kessler, Barnes, Weeks, McKenzie, McCabe and Sharpe:
Senate Bill No. 207
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A Bill to amend and reenact §21-9-4 and §21-9-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-2-2 of said code, all relating to requiring manufactured housing, fuel oil and propane tanks and other items to be properly secured when in floodplain; requiring certificate or installation approval from floodplain manager prior to installation; providing for penalties; providing that utility service may not be provided to a building or manufactured home under certain conditions; and requiring building or property owner provide utility companies with certificate or installation approval before service to home may be provided.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Oliverio, Dempsey, Fanning, Foster, Hunter, Jenkins, Kessler, Barnes, Weeks, Plymale, McKenzie, McCabe and Sharpe:
Senate Bill No. 208
-A Bill to amend and reenact §20-1A-3 of the Code of West Virginia, 1931, as amended, relating to granting the Public Land Corporation the authority to condemn certain abandoned structures in the waters of the state causing or contributing to flooding or erosion; requiring owner to remove certain abandoned structures; authorizing repayment to Public Land Corporation for certain costs incurred; authorizing citations for violations of right of entry; and establishing civil penalties.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 209
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A Bill to amend and reenact §17C-4-9 of the Code of West Virginia, 1931, as amended, relating to accident report forms; and providing that a completed accident report form is conclusive upon the issue as to causation unless a court of competent jurisdiction rules otherwise after review.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 210
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A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9i, relating to providing an exemption from consumers sales tax for certain charges by mortgage brokers, lenders and loan originators licensed by the Commissioner of Banking; and specifying an effective date.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Yoder, Hunter, Sprouse, White, Chafin, Minear, Weeks, Harrison, Barnes, McKenzie, Dempsey, Deem, Prezioso, Boley, Love, Sharpe, Guills, Caruth, Plymale, Jenkins, Unger and Foster:
Senate Joint Resolution No. 8
-Proposing an amendment to the Constitution of the State of West Virginia, amending section nine, article III thereof, relating to prohibiting the taking of private property for private use; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 162, Creating Affordable Health Insurance Act.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Banking and Insurance; and then to the Committee on Finance, with amendments from the Committee on Health and Human Resources pending.
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. 211 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §30-13A-37 of the Code of West Virginia, 1931, as amended, relating to continuing the West Virginia Board of Professional Surveyors.
Senate Bill No. 212 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §30-4-30 of the Code of West Virginia, 1931, as amended, relating to continuing the West Virginia Board of Dental Examiners.
Senate Bill No. 213 (originating in the Committee on Government Organization)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-8, relating to continuing the West Virginia Consolidated Public Retirement Board.
Senate Bill No. 214 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §30-40-28 of the Code of West Virginia, 1931, as amended, relating to continuing the West Virginia Real Estate Commission.
Senate Bill No. 215 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §30-31-15 of the Code of West Virginia, 1931, as amended, relating to continuing the West Virginia Board of Examiners in Counseling.
Senate Bill No. 216 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §29-29-7 of the Code of West Virginia, 1931, as amended, relating to continuing the West Virginia Women's Commission.
Senate Bill No. 217 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §30-14-16 of the Code of West Virginia, 1931, as amended, relating to continuing the West Virginia Board of Osteopathy.
And,
Senate Bill No. 218 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §4-8-6 of the Code of West Virginia, 1931, as amended, relating to continuing the West Virginia Capitol Building Commission.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 22, Requesting Joint Committee on Government and Finance study restrictions on lawyers' advertising.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 23, Requesting Division of Highways name bridge at Delbarton, Mingo County, "Dr. J. R. 'Bob' Farley Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Sprouse, Hunter, Chafin, Helmick, Fanning, White, Deem, Yoder, Kessler, Weeks, Barnes and Sharpe.
Thereafter, at the request of Senator Unger, and by unanimous consent, the remarks by Senators Chafin, Helmick and Fanning were ordered printed in the Appendix to the Journal.
At the request of Senator Caruth, unanimous consent being granted, the remarks by Senators Yoder, Deem and Sprouse were ordered printed in the Appendix to the Journal.
At the request of Senator Edgell, and by unanimous consent, the remarks by Senators Kessler and Hunter were ordered printed in the Appendix to the Journal.
At the request of Senator Caruth, unanimous consent being granted, the remarks by Senator Barnes were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, January 19, 2006, at 11 a.m.
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