WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
TWENTY-FIRST DAY
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Charleston, W. Va., Tuesday, January 31, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Tim Pauley, Ministry
Leader, Capitol Ministries of West Virginia, Charleston, West
Virginia.
Pending the reading of the Journal of Monday, January 30,
2006,
On motion of Senator Facemyer, 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. 2328--A Bill to amend and
reenact §6-9A-11 of the Code of West Virginia, 1931, as amended, relating to advisory opinions of the West Virginia Ethics
Commission Committee generally; and providing that reliance on a
written advisory opinion is a defense in certain actions.
Referred to the Committee on Government Organization; 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. 2424--A Bill to amend and reenact
§61-5-27a of the Code of West Virginia, 1931, as amended, relating
to providing that the term "impersonation" of a public official or
employee includes the act of operating a motor vehicle which
falsely displays an official emblem or other marking connoting
government sponsorship.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 5, Exempting one motor vehicle from ad valorem
taxes for certain military.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 8, Providing high school diplomas for certain
veterans.
And,
Senate Bill No. 32, Relating to educational opportunities for
children of military personnel.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Education.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Education.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 57, Relating to designation and operation of
traffic signal as flashing signal.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 173, Relating to public employees
preretirement death benefits.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
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. 252, Establishing marriage license discount
for applicants completing certain premarital counseling courses.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on the Judiciary pending.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 353, Authorizing Division of Highways
promulgate legislative rule relating to transportation of hazardous
wastes upon roads and highways.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then 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 Senator Weeks:
Senate Bill No. 431--A Bill to amend and reenact §30-7C-7 of
the Code of West Virginia, 1931, as amended, relating to requiring
the West Virginia Board of Examiners for Registered Professional
Nurses to develop staffing ratios for dialysis technicians at no
greater than a four to one patient to dialysis technician ratio.
Referred to the Committee on Health and Human Resources.
By Senators Caruth, Guills, Weeks, Chafin and Barnes:
Senate Bill No. 432--A Bill to amend and reenact §17-16A-11 of
the Code of West Virginia, 1931, as amended, relating to
authorization and issuance of bonds.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Love and Minard:
Senate Bill No. 433--A Bill to amend and reenact º61-2-29 of
the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated º61-2-29a, º61-2-
29b and º61-2-29c, all relating to protecting incapacitated persons
and the elderly by more clearly defining and providing criminal
penalties for the offense of abuse or neglect of incapacitated
adults or elderly persons which result in the death of such
persons.
Referred to the Committee on the Judiciary.
By Senators Bailey, McCabe, Dempsey, Chafin, Jenkins,
Prezioso, Kessler, Bowman, White, Facemyer, Minard, Plymale, Unger,
Fanning, Helmick, Edgell, Foster, Hunter, Tomblin (Mr. President),
Sharpe and Love:
Senate Bill No. 434--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-3-49a, relating to the reduction of petroleum-based
fuel consumption through improvements in fleet fuel efficiency and
the use of alternative fuel vehicles and alternative fuels in state
and state subdivision on-road vehicles and combustion-powered
machines.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 435--A Bill to amend and reenact §33-16-3d of
the Code of West Virginia, 1931, as amended, relating to updating
the definition of "Medicare supplement policy".
Referred to the Committee on Health and Human Resources; and
then to the Committee on Banking and Insurance.
By Senator Love:
Senate Bill No. 436--A Bill to amend and reenact §20-2-42d of
the Code of West Virginia, 1931, as amended, relating to requiring
nonresident applicants for hunting licenses to provide proof they
are holders in good standing of equivalent hunting licenses in
their resident states prior to being eligible for a nonresident
hunting license in this state.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Love:
Senate Bill No. 437--A Bill to amend and reenact §17A-14-3 of
the Code of West Virginia, 1931, as amended, relating to changing
the scenic license plate issued by the Division of Motor Vehicles
to display the motto "Open for Business" and provide a portrait of
the New River Gorge Bridge as a background.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Minard and Foster:
Senate Bill No. 438--A Bill to amend and reenact §33-20-2 and
§33-20-3 of the Code of West Virginia, 1931, as amended, all
relating to providing for regulation of title insurance rates in
the same manner as casualty insurance rates.
Referred to the Committee on Banking and Insurance.
By Senators McKenzie and Bowman:
Senate Bill No. 439--A Bill to amend and reenact §24C-1-5 of
the Code of West Virginia, 1931, as amended, relating to
strengthening the one-call system requirements for persons
excavating or performing demolition work in the vicinity of
pipelines by increasing the number of emergency response agencies
to be notified in the event of resulting damage; and strengthening
penalties for violations of these duties.
Referred to the Committee on the Judiciary.
By Senators McKenzie, Caruth and Hunter:
Senate Bill No. 440--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-16B-11, relating to providing that unborn children
are eligible for the Children's Health Insurance Program.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
Senators Prezioso, Oliverio and Unger offered the following
resolution:
Senate Concurrent Resolution No. 31--Requesting the Division
of Highways rename the Watson Bridge crossing the West Fork River
on U. S. Route 250 in Fairmont, Marion County, the "Jim Costello
Memorial Bridge".
Whereas, Jim Costello was born in Monongah, Marion County, June 26, 1923. One of seven children, he was the son of John
Costello, a coal miner, and Amanda Dee Swisher Costello, a midwife;
and
Whereas, Jim Costello served in the United States Navy during
World War II in the South Pacific Theater. He also worked as a
coal miner and completed 35 years of service at the Owens-Illinois
glass plant, serving as president of Local Union No. 109; and
Whereas, Jim Costello served as a supervisor for the West
Virginia Division of Highways. During that time, he was
instrumental in overseeing many projects for Marion County,
including the removal of the dangerous curve at Dakota and the
replacement of the current Watson Bridge; and
Whereas, A strong Democrat, Jim Costello was coordinator of
several gubernatorial campaigns for Marion County and was honored
in 1997 as the county's Democrat of the Year; and
Whereas, Jim Costello passed away June 7, 2002, leaving behind
his wife Evelyn Muto Costello, daughter and son-in-law Diane and
Marc Cervo, son and daughter-in-law Pat and Jenni Costello, sister
Margaret Biafore and four grandchildren; and
Whereas, It is fitting that the Watson Bridge be named for
this true West Virginian who dedicated his life to improving Marion
County and this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to rename the Watson Bridge crossing the West Fork River on U. S.
Route 250 in Fairmont, Marion County, the "Jim Costello 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 "Jim
Costello 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 family of Jim Costello.
Which, under the rules, lies over one day.
Senators Boley, Minear, Unger, Minard, Dempsey, Jenkins,
Prezioso, Foster, Hunter, McCabe, Plymale and Oliverio offered the
following resolution:
Senate Resolution No. 10--Designating January 31, 2006, as
"Women's Day".
Whereas, In their roles as mothers, wives, daughters, sisters,
workers, friends, caretakers, activists and volunteers, women make
enormous contributions to West Virginia's economy, families,
communities and general well-being; and
Whereas, West Virginia is proud of the accomplishments and
achievements of women in our state, both in the private and public
sectors. We appreciate their many contributions to our communities
as they continue to advance in leadership roles in our society;
therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 31, 2006, as
"Women's Day"; and, be it
Further Resolved, That the Senate expresses its appreciation
to women for the many contributions they make to the State of West
Virginia in all facets of our society; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials with the
West Virginia Women's Commission.
At the request of Senator Boley, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, unanimous consent being granted,
returned 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. 441 (originating in the Committee on the
Judiciary)--A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §61-12-10b,
relating generally to prohibiting public display of autopsy photographs; allowing civil actions and recovery of monetary
damages for violations; and exceptions.
And,
Senate Bill No. 442 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §17B-2-3a of the Code of
West Virginia, 1931, as amended, relating to the requirements for
obtaining a graduated driver's license; changing the expiration
date of the level one and level two licenses; and repealing
obsolete provisions.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 443 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §22-18-22 of the Code of
West Virginia, 1931, as amended, relating to continuation of
hazardous waste management fee.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bill (S. B. No. 443)
contained in the foregoing report from the Committee on the
Judiciary was then referred to the Committee on Finance.
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. 444 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §22C-4-10 of the Code of
West Virginia, 1931, as amended, relating to proof of lawful
disposal of solid waste as a defense to a violation of disposal
law.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolutions No. 30, Amending Joint Rules to
create Joint Committee on Technology.
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 eighth order of business.
Eng. Com. Sub. for Senate Bill No. 7, Establishing Flood
Protection Planning Act.
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, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 7) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 51, Relating to name change
for certain persons.
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, Love, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 51) 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 ninth order of business.
Senate Bill No. 242, Allowing state-chartered banks issue more
than one class of stock.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 244, Relating to state-chartered banks'
investment limitations.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 271, Reducing state banks' time period for
retaining records.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 370, Creating personal property tax exemption
for farm equipment and livestock.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 371, Reducing severance tax on timber.
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 twelfth order of business.
Remarks were made by Senator Chafin.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 1, 2006, at 11 a.m.
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