WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2006

FOURTEENTH DAY

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Charleston, W. Va., Tuesday, January 24, 2006

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

Prayer was offered by Rabbi Helen Bar-Yaacov, Temple Israel, Charleston, West Virginia.
Pending the reading of the Journal of Monday, January 23, 2006,
On motion of Senator Prezioso, 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 the following communication from the Joint Committee on Government Operations:
WEST VIRGINIA LEGISLATURE

JOINT COMMITTEE ON GOVERNMENT OPERATIONS

CHARLESTON

January 23, 2006

West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
Pursuant to §4-10-12 we hereby transmit to you this copy of the annual report of the Joint Standing Committee on Government Operations.
Sincerely,
Edwin J. Bowman,
Senate,
Cochair,
J. D. Beane,
House of Delegates,
Cochair.
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. Com. Sub. for House Bill No. 2945--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46A-6-111, relating to establishing requirements for home solicitation sales of water improvement products and services to consumers via water sample requests; and civil penalties for failure to comply.
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 were introduced, read by their titles, and referred to the appropriate committees:
By Senators Hunter, Jenkins, Barnes and Foster:
Senate Bill No. 248
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A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46- 9-410, relating to the use of checks, bank account debit authorizations or share drafts as security for loans or cash advances made for personal, family or household purposes.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 249
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A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-6-31, relating to making landlords more accountable for abating conditions of garbage and litter which have been allowed to accumulate on the leased premises; prescribing a civil penalty for owner violators; and providing a civil action against lessees or tenants by the owner for expenses the owner incurred as the result of his or her obligations imposed hereunder.
Referred to the Committee on the Judiciary.
By Senators Bailey, Minard and Love:
Senate Bill No. 250
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A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 21-12h, relating to providing a tax deduction on interest paid on student loans and automobile loans.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 251
-A Bill to create the Beckley-Raleigh County Building Code Authority to adopt and enforce the state building code for the city of Beckley and Raleigh County.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Harrison, Kessler and McCabe:
Senate Bill No. 252
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A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §59-1-10a, relating to establishing a marriage license discount if the applicants show proof of a certificate of completion of an approved premarital counseling course.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Harrison:
Senate Bill No. 253
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A Bill to amend and reenact §18C-7-1, §18C-7-2, §18C-7-3, §18C-7-4, §18C-7-5, §18C-7-6, §18C-7-7, §18C-7-8 and §18C-7-9 of the Code of West Virginia, 1931, as amended, all relating to changing the PROMISE Scholarship Program to the PROMISE Forgivable Student Loan Program; and establishing deferment and forgiveness conditions.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Weeks and Minear:
Senate Bill No. 254
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A Bill to amend and reenact §17C-5A-1, §17C-5A-1a, §17C-5A-2, §17C-5A-2a, §17C-5A-3, §17C-5A-3a and §17C-5A-4 of the Code of West Virginia, 1931, as amended, all relating to providing for judicial procedures for suspension and revocation of licenses for driving under the influence of alcohol, controlled substances or drugs; eliminating the administrative procedures for suspension and revocation; providing that a judicial officer upon certain findings or a conviction shall suspend or revoke a license for driving under the influence of alcohol, controlled substances or drugs; providing a procedure for judicial reinstatement of a suspended or revoked license and making certain technical changes.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Helmick and Minard:
Senate Bill No. 255
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A Bill to amend and reenact §11-16-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §11-16-5a, §11-16-5b and §11-16-5c, all relating to the manufacture, sale, possession, distribution, furnishing or giving away of nonintoxicating beer contrary to law in unlicensed establishments; establishing criminal penalties; and providing similar public nuisance provisions in relation to beer as there currently exist for liquor.
Referred to the Committee on the Judiciary.
By Senators Edgell, Barnes, Minard, Hunter, Love and Kessler:
Senate Bill No. 256
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A Bill to amend and reenact §11-3-9 of the Code of West Virginia, 1931, as amended, relating to exempting farming equipment and livestock from personal property taxation.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senators Yoder, Barnes and Love:
Senate Bill No. 257
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A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6B-8, relating to providing an election for county commissions to allow resident homeowners, sixty-five years old or older, to defer the payment of property tax increases to their residential property during their lifetimes.
Referred to the Committee on Finance.
By Senators Love, Barnes and Dempsey:
Senate Bill No. 258
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A Bill to amend and reenact §19-20-12 of the Code of West Virginia, 1931, as amended, relating to including hunting dogs as protected animals; prohibiting a person not the owner of a dog from removing identifying tags, collars or apparel from a dog or disabling a device worn by a dog to aid in the retrieval of the dog without the permission of the owner; and providing a misdemeanor penalty for violations.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators McCabe, Minear, Prezioso, Plymale and Kessler:
Senate Bill No. 259
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A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 5-13b, relating to exempting manufacturing inventory from ad valorem property taxation in the state.
Referred to the Committee on Finance.
By Senators Dempsey and Minard:
Senate Bill No. 260
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A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-12A-1 and §15-12A-2, all relating to creating a registry of persons convicted of operating a clandestine drug laboratory; designating certain information to be contained in the registry; directing the Criminal Identification Bureau of the State Police to create a website using descriptive terms for the public to access relative to the information in the registry; and requiring the Superintendent of the State Police to propose rules to implement the provisions of said article.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators McCabe, Foster and Plymale:
Senate Bill No. 261
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A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo, relating to authorizing county commissions to adopt ordinances to regulate the siting of wireless telecommunications facilities.
Referred to the Committee on Transportation and Infrastructure; and the to the Committee on Government Organization.
Senators Helmick, Minard, Foster and Love offered the following resolution:
Senate Concurrent Resolution No. 25-
Requesting the Joint Committee on Government and Finance study state agencies' use of state-owned meeting facilities at state parks, state forests and other state-owned and -operated facilities, including the cost effectiveness of requiring state agencies to use these state-owned and -operated facilities for meetings and training and whether these facilities are available for use by state agencies.
Whereas, Almost every agency of state government conducts training, seminars and meetings for its employees throughout the year; and
Whereas, Many of these meetings are held throughout the state at privately operated venues in close proximity of state-owned and -operated meeting facilities; and
Whereas, There are potential savings to state agencies and the state from the use of state-owned and -operated facilities and the facilities may benefit by having lower vacancy rates and full-year activities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study state agencies' use of state-owned meeting facilities at state parks, state forests and other state-owned and -operated facilities, including the cost effectiveness of requiring state agencies to use these state-owned and -operated facilities for meetings and training and whether these facilities are available for use by state agencies; 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.
Senators Helmick, Minear, McCabe, Barnes, Minard, Jenkins, Foster, Love and Kessler offered the following resolution:
Senate Concurrent Resolution No. 26-Requesting the Joint Committee on Government and Finance study the state and local tax structure in West Virginia.
Whereas, The state and local tax structure should provide fairness among taxpayers while avoiding an undue burden on government with regard to tax administration and enforcement; and
Whereas, The state and local tax structure should operate efficiently in order to provide adequate revenues necessary to conduct the operations of state and local government; and
Whereas, Reviewing the current tax structure is necessary to ensure that it provides a fair, stable and accountable tax system which stimulates a growing and broad tax base and reflects the changing economy of the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the state and local tax structure in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study should incorporate the 1999 report of the Governor's Commission on Fair Taxation; 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.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 13, Requiring cross-reporting of suspected abuse or neglect of individuals or animals.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Love--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 13) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Facemyer.
The Senate next proceeded to the thirteenth order of business.
Senator Chafin called attention to today being the birthday of the senator from Berkeley and on behalf of the Senate extended felicitations and good wishes to Senator Unger, with Senator Sharpe leading the members in singing "Happy Birthday".
At the request of Senator Plymale, unanimous consent being granted, it was ordered that the Journal show had Senator Plymale been present in the chamber on yesterday, Monday, January 23, 2006, he would have voted "yea" on the passage of Engrossed Senate Bill No. 211, Engrossed Senate Bill No. 212, Engrossed Senate Bill No. 213, Engrossed Senate Bill No. 214, Engrossed Senate Bill No. 215, Engrossed Senate Bill No. 216, Engrossed Senate Bill No. 217, Engrossed Senate Bill No. 218 and Engrossed Committee Substitute for Senate Bill No. 247.
At the request of Senator Weeks, and by unanimous consent, the Senate returned to the eleventh order of business and the introduction of guests.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Love.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, January 25, 2006, at 11 a.m.
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