WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
TENTH DAY
____________
Charleston, W. Va., Friday, January 20, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dr. John R. Sauvage, Oak
Hill United Methodist Church, Oak Hill, West Virginia.
Pending the reading of the Journal of Thursday, January 19,
2006,
On motion of Senator Lanham, 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. Com. Sub. for House Bill No. 4011--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §15-2-9, relating to the creation of a special unit within the State Police specializing in child abuse and
neglect investigations.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
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. Com. Sub. for House Bill No. 4012--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §15-13-1, §15-13-2, §15-13-3, §15-13-4, §15-13-
5, §15-13-6, §15-13-7, §15-13-8, §15-13-9 and §15-13-10, all
relating to the creation of a state child abuser registry; and
establishing penalties for persons convicted of child abuse or
neglect for failure to properly report registration information.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4037--A Bill to amend and reenact §11-4-3
of the Code of West Virginia, 1931, as amended, relating to
correcting definitions applicable to the assessment of real
property; and making amendments effective retroactively to and
including the first day of July, two thousand five, for tax year two thousand six and thereafter.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
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. 4038--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-6-9, relating to donation and transfer of surplus
personal computers and other information systems, technology and
equipment for educational purposes; making legislative findings;
providing process for state spending unit notice to Chief
Technology Officer when disposing of certain commodities;
examination and identification of usable commodities to agency for
surplus property and school systems; reservation of identified
commodities by agency for surplus property for donation and
transfer to county boards; distribution method established by
department; authority to charge and assess fees; authorizing county
boards to donate computer hardware and software being replaced to
students; state board guidelines; and obligation for
serviceability.
Referred to the Committee on Education; and then to the
Committee on Finance.
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. 4040--A Bill to amend and reenact §18-5-
13a of the Code of West Virginia, 1931, as amended, relating to
requiring voter approval prior to closure and consolidation of
certain schools with grades eight or below when new building
construction or addition of two or more classrooms are involved and
the closure or consolidation was not included in a local bond issue
or excess levy approved by the voters; exceptions; and requiring
petition of voters for election to be held.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
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. 4048--A Bill to amend and reenact §54-1-2
of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new section, designated §54-2-1a, all
relating to eminent domain; defining "internal improvement";
limiting the use of eminent domain for certain purposes;
prohibiting the use of eminent domain to convey property to certain
owners; providing for conditional resale of condemned property to
prior owners thereof, with exceptions thereto; and requiring good
faith purchase period and offer prior to initiation of condemnation proceeding.
Referred to the Committee on Economic Development; then to the
Committee on Government Organization; and then to the Committee on
the Judiciary.
The Senate proceeded 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. 164, Creating preventive care clinic-based
pilot program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 164 (originating in the
Committee on Health and Human Resources)--A Bill
to amend
the Code
of West Virginia, 1931, as amended, by adding thereto a new
article, designated §16-2J-1, §16-2J-2
, §16-2J-3
,
§16-2J-4
,
§16-2J-
5
,
§16-2J-6
,
§16-2J-7
, §16-2J-8 and §16-2J-9
,
all relating to a
pilot program authorizing participating health care clinics and
private medical practitioners to provide primary and preventive
health services for a prepaid fee; declaring legislative intent;
authorizing approval of participants based on guidelines by the
Health Care Authority and the Insurance Commissioner; requiring
licensure by the Health Care Authority;
authorizing the Insurance Commissioner to approve fees, marketing materials and forms and to
certify financial soundness; authorizing study of the program by
the Health Care Authority; mandating a Health Care Authority report
to the Legislative Oversight Commission on Health and Human
Resources Accountability; setting grounds for revocation,
suspension and failure to renew licenses; and creating penalties.
With the recommendation that the committee substitute do pass;
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 (Com. Sub. for S. B. No. 164), under the original
triple committee reference, was referred to the Committee on
Banking and Insurance; and then to the Committee on Finance.
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 Minard and Kessler:
Senate Bill No. 224-
A Bill to amend and reenact §33-17A-4b of
the Code of West Virginia, 1931, as amended, relating to insurance
law reforms and modifications generally; and narrowing the grounds for nonrenewal of property insurance policies.
Referred to the Committee on Banking and Insurance.
By Senators Bowman, Minard, Unger, Jenkins, Hunter and
Dempsey:
Senate Bill No. 225-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§5-10-22i; and to amend said code by adding thereto a new section,
designated §18-7A-26t, all relating to the Public Employees
Retirement System and the Teachers Retirement System; providing a
one-time supplement for certain annuitants who have been members of
the retirement system for more than ten years and to retirants who
have been members for five to ten years; and exempting the one-time
supplement from West Virginia taxes.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Barnes:
Senate Bill No. 226-
A Bill to amend and reenact §3-8-12 of the
Code of West Virginia, 1931, as amended, relating to limitation of
distributing, handing out or otherwise dispensing public moneys by
elected officials within ninety days of elections.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McKenzie, Bowman and Dempsey:
Senate Bill No. 227-
A Bill to amend and reenact §17-2A-19 of the Code of West Virginia, 1931, as amended, relating to
authorizing the Division of Highways to lease real property it owns
to nonprofit corporations for less than fair market value.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 228-
A Bill to amend and reenact sections 1, 2
and 3, chapter 232, Acts of the Legislature, regular session, 1997,
all relating to expanding the counties covered by West Virginia
Route 2 and Interstate 68 Authority to include Cabell, Mason and
Jackson counties; and increasing the number of members.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.
By Senators Love and White:
Senate Bill No. 229-
A Bill to amend and reenact §62-12-23 of
the Code of West Virginia, 1931, as amended, relating to
notification of parole hearings; victim's right to be heard; and
adding to the crimes committed by an offender for which the
preparation of a parole hearing notification form and notification
of release on parole is required.
Referred to the Committee on the Judiciary.
By Senators Love and Minear:
Senate Bill No. 230-
A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §25-
1-4, relating to limitation on reimbursement rate to medical
service providers for services outside Division of Corrections'
facilities.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Love and White:
Senate Bill No. 231-A Bill to amend and reenact §62-12-10 of
the Code of West Virginia, 1931, as amended, relating to limiting
the eligibility of a person for parole if the person has violated
the terms and conditions of probation or home incarceration.
Referred to the Committee on the Judiciary.
By Senators McKenzie, Bowman and Barnes:
Senate Bill No. 232-
A Bill to amend and reenact §17A-3-1a of
the Code of West Virginia, 1931, as amended, relating to
prohibiting a person who has recently taken up residence in the
state who is in possession of a motor vehicle for more than sixty
days which is registered to another person not residing in the
state to operate said vehicle in the state without a West Virginia
registration and title.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Bowman, Minard, Unger, Hunter, Sharpe and Dempsey:
Senate Bill No. 233--
A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to providing
a state income tax exemption to retirees on the first twenty
thousand dollars of their retirement income.
Referred to the Committee on Pensions
; and then to the
Committee on Finance
.
By Senators Tomblin (Mr. President), Barnes and Unger:
Senate Bill No. 234--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9i, relating generally to consumers sales and
service tax liability of homeowners' associations and their
members; exempting from tax dues, fees and assessments paid to
homeowners' associations by members thereof; providing for
taxability and exemption of purchases by homeowners' associations;
and defining certain terms.
Referred to the Committee on Finance.
Senators Prezioso, Minard, Unger, Jenkins, Hunter, Foster and
Dempsey offered the following resolution:
Senate Resolution No. 5--
Promoting the "West Virginia on the
Move" program.
Whereas, West Virginia is ranked first in the nation for
obesity with a rate of 27.6 percent. Medical evidence suggests
that obesity is a leading factor in several serious health
conditions, including heart disease, diabetes and hypertension; and
Whereas, More than 28 percent of West Virginians report no leisure-time physical activity. Medical evidence suggests that
obesity is caused, in part, by a severe lack of physical activity;
and
Whereas, In order to promote increased physical activity,
communities throughout the state are encouraged to sponsor the
"West Virginia on the Move" program; and
Whereas, In order to promote the "West Virginia on the Move"
program, the members and staff of the Senate and House of
Delegates, along with the Governor and his staff, have agreed to
take part in a walking competition beginning the first Monday of
the second Regular Session of the 77th Legislature; and
Whereas, On the sixtieth day of the second Regular Session of
the 77th Legislature the group with the greatest activity level,
with consideration given to the differences in the number of
individuals participating from each group, will receive the second
annual "Leaders on the Move" award which will be displayed in the
office of the presiding officer of the winning chamber or the
Governor's office; therefore, be it
Resolved by the Senate:
That the Senate hereby promotes the "West Virginia on the
Move" program; and, be it
Further Resolved, That the Senate is committed to encouraging
West Virginians to become physically active by participating in the
"West Virginia on the Move" program; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Governor and the Speaker of the
House of Delegates.
At the request of Senator Prezioso, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 24, Designating January 17
"Gulf War Illness Recognition Day".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Military.
The Senate proceeded to the ninth order of business.
Senate Bill No. 211, Continuing Board of Professional
Surveyors.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 212, Continuing Board of Dental Examiners.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 213, Continuing Consolidated Public Retirement
Board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 214, Continuing Real Estate Commission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 215, Continuing Board of Examiners in
Counseling.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 216, Continuing Women's Commission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 217, Continuing Board of Osteopathy.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 218, Continuing Capitol Building Commission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 13, Requiring cross-reporting of suspected
abuse or neglect of individuals or animals.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Prezioso.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, January 23, 2006, at 11 a.m.
____________