WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
NINTH DAY
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Charleston, W. Va., Thursday, January 19, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dr. Karl Ruttan, St. John's
Episcopal Church, Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, January 18,
2006,
On motion of Senator Sharpe, 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 Commission on
Holocaust Education, submitting its annual report as required by
chapter five, article twenty-eight, section three of the code of
West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Department of Environmental Protection, submitting its biennial groundwater report, in accordance with chapter twenty-two, article
twelve, section six of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Division of Juvenile Services, submitting its annual report as
required by chapter forty-nine, article five, section thirteen-e of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate 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. 4007--A Bill to amend and reenact §20-1A-4
of the Code of West Virginia, 1931, as amended, relating to
updating appraisal standards employed by the Public Land
Corporation to determine fair market value of public lands.
Referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 13, Requiring cross-reporting of suspected
abuse or neglect of individuals or animals.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Foster, McCabe, Oliverio, Yoder, Minard and
Hunter:
Senate Bill No. 219--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17B-2-3b; and to amend and reenact §17B-3-6 of said
code, all relating to prohibiting wireless communication use while
driving by a minor holding a learner's instructional permit or
provisional license.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Jenkins, Oliverio and Hunter:
Senate Bill No. 220--A Bill to amend and reenact §5-10D-1 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §16-5U-1, §16-5U-2, §16-5U-3, §16-5U-4, §16-5U-5, §16-5U-6, §16-5U-7, §16-5U-8,
§16-5U-9, §16-5U-10, §16-5U-11, §16-5U-12, §16-5U-13, §16-5U-14,
§16-5U-15, §16-5U-16, §16-5U-17, §16-5U-18, §16-5U-19, §16-5U-20,
§16-5U-21, §16-5U-22, §16-5U-23, §16-5U-24, §16-5U-25, §16-5U-26,
§16-5U-27, §16-5U-28, §16-5U-29, §16-5U-30, §16-5U-31, §16-5U-32,
§16-5U-33 and §16-5U-34, all relating to the Consolidated Public
Retirement Board; providing that the board administer the Emergency
Medical Services Retirement System; reflecting the long-standing
fiduciary obligation of Consolidated Public Retirement Board
members to the plans they administer; clarifying the personal
liability of board members to the retirement plans they administer;
clarifying that board members shall discharge their duties in
accordance with the law; establishing the Emergency Medical
Services Retirement System; setting forth definitions; providing
effective dates; establishing federal qualification requirements;
providing for liberal construction; providing that plan is not a
substitute for social security; providing for and setting
membership standards; setting forth required contributions from
members and employers; creating fund and providing for investments;
providing for transfer from Public Employees Retirement System;
setting time limits; setting forth notice requirements and
requiring a test case; commencement of benefits; federal law
maximum benefit limitations and minimum required distributions;
direct rollovers; providing for retirement credited through member's use of accrued annual or sick leave; providing for
retirement benefits; setting forth annuity options; providing for
refunds in certain circumstances; deferred retirement; forfeitures;
awards and benefits for duty-related disability and for other
causes; physical examinations; termination of disability; prior
disability; awards and benefits to surviving spouse; additional
death benefits and scholarships for dependent children; burial
benefit; prohibiting double death benefits; loans to members;
exemption from taxation, garnishment and other process; qualified
domestic relation orders; fraud; criminal penalties; repayment;
treatment of prior military service; pro rata reduction of
annuities; effective date; starting date for benefits; limitation
of county liability; and providing for no forfeiture of benefits if
system terminates.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Oliverio, Dempsey, Fanning, Foster, Hunter,
Jenkins and Kessler:
Senate Bill No. 221--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §29A-8-1, §29A-8-2, §29A-8-3, §29A-8-4, §29A-8-5, §29A-
8-6, §29A-8-7, §29A-8-8, §29A-8-9, §29A-8-10 and §29A-8-11, all
relating to the creation of an Office of Administrative Hearings in
the executive branch of state government; specifying applicability and exceptions; defining terms; specifying the qualifications of
chief administrative law judge; nominating persons for chief
administrative law judge; filling vacancies; establishing an
Administrative Law Commission; making appointments to the
Administrative Law Commission; specifying terms of the
commissioners; filling vacancies on the commission; compensating
commissioners; requiring the cooperation of state agencies with the
commission; providing for the confidentiality of information and
records furnished to the commission; submitting list of names of
persons qualified for chief judge to the Governor; requiring the
advice and consent of the Senate for the appointment of chief
judge; requiring the commission to assist the chief judge in
carrying out his or her duties; providing for a system of
compensation for adjudicators to be established by the chief judge
and the Administrative Law Commission; providing that promotions be
based on ability and performance; providing that all adjudicators
be part of the classified service; providing for discipline of
adjudicators; establishing a complaint resolution board;
transferring adjudicatory functions of personnel, equipment and
funds of affected state agencies to the Office of Administrative
Hearings; providing that all orders, determinations, rules,
regulations, certificates, licenses and privileges in effect prior
to this article becoming effective remain in effect; establishing
an evaluation system for adjudicators; establishing qualifications for adjudicators and providing exceptions; establishing the power
and duties of the chief administrative law judge; setting forth the
nature and type of proceedings over which adjudicators may preside;
providing for the use of contract adjudicators; establishing the
powers of adjudicators relating to conducting hearings; providing
that decisions of adjudicators are final; providing for the
continued policy-making authority of agencies; providing for remand
of cases which require creation of policy rather than application
of policy; providing for appeal of decisions to circuit court;
providing that said article is inapplicable to adjudications
commenced prior to the effective date of the article; and providing
for the repeal of acts or parts of acts which are inconsistent with
this article.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Foster, Helmick, McCabe, Jenkins, Dempsey, Minard,
Barnes, Love and Hunter:
Senate Bill No. 222--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-1B-27, relating to creating a fund to reimburse
group life insurance premiums paid by members of the National Guard
called to active duty in combat areas; establishing a Service
Members' Group Life Insurance Reimbursement Fund in the State
Treasury; and promulgation of emergency rules.
Referred to the Committee on Military; and then to the
Committee on Banking and Insurance.
By Senator Minard:
Senate Bill No. 223--A Bill to amend and reenact §33-2-9 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§33-20-12 of said code; to amend and reenact §33-24-4 of said code;
to amend and reenact §33-25-10 of said code; and to amend and
reenact §33-25D-18 of said code, all relating to examinations of
insurance and health care entities; increasing the time in which
insurers, rating organizations and certain health care entities may
respond to examination reports from the Insurance Commissioner;
clarifying that the Insurance Fraud Prevention Act applies to
certain health care entities; and increasing the minimum period in
which examinations of certain health care entities must be
conducted by the Insurance Commissioner.
Referred to the Committee on Banking and Insurance.
Senators Hunter, McCabe, Jenkins, Dempsey, Minard, Love and
Foster offered the following resolution:
Senate Concurrent Resolution No. 24--Designating January 17
annually as "Gulf War Illness Recognition Day".
Whereas, Thousands of Gulf War veterans have experienced
undiagnosed illnesses with symptoms such as chronic fatigue, loss
of muscle control, diarrhea, memory problems and loss of balance;
and
Whereas, Studies have shown that Gulf War veterans have higher
rates of testicular cancer and are twice as likely to develop Lou
Gehrig's disease than soldiers who were not deployed; and
Whereas, The federal government initially denied a link
between the illnesses of Gulf War veterans and the Gulf War, but
has since initiated studies to pinpoint the cause of Gulf War
illness. Those studies focus on toxic substances veterans
encountered during the war; and
Whereas, The Gulf War began on January 17, 1991, so it is only
fitting that each year on that date Gulf War veterans be
remembered; therefore, be it
Resolved by the Legislature of West Virginia:
That The Legislature hereby designates January 17 annually as
"Gulf War Illness Recognition Day"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
requested to forward a copy of this resolution to the Governor.
Which, under the rules, lies over one day.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Senate Bill No. 211, Continuing Board of Professional
Surveyors.
Senate Bill No. 212, Continuing Board of Dental Examiners.
Senate Bill No. 213, Continuing Consolidated Public Retirement Board.
Senate Bill No. 214, Continuing Real Estate Commission.
Senate Bill No. 215, Continuing Board of Examiners in
Counseling.
Senate Bill No. 216, Continuing Women's Commission.
Senate Bill No. 217, Continuing Board of Osteopathy.
And,
Senate Bill No. 218, Continuing Capitol Building Commission.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the thirteenth order of business.
Senator Chafin called attention to today being the birthday of
the senator from Kanawha and on behalf of the Senate extended
felicitations and good wishes to Senator McCabe, with Senator
Sharpe leading the members in singing "Happy Birthday".
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, January 20, 2006, at 11 a.m.
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